The URL can be used to link to this page

Home My WebLink AboutMIN JUL 23 2013 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 Michael D. Getz, Ward II Audwin Samuel, Ward III July 23, 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 July 23, 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 1-2/Consent Agenda Consent Agenda Mayor Pro Tern Wright called the council meeting to order at 1:30 p.m. Councilmember Coleman gave the invocation. Councilmember Pate led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Pro Tern Wright, Councilmembers Coleman, Getz and Pate. Absent: Mayor Ames, Councilmembers Samuel and Smith and City Attorney, Tyrone Cooper. Also present were, Kyle Hayes, City Manager; Quentin Price, 1St Assistant City Attorney; Tina Broussard, City Clerk. Mayor Ames was absent due to illness. Councilmembers Samuel and Smith were out of town. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda item No. 5 /Consent Agenda. None CONSENT AGENDA Approval of minutes - July 16, 2013 Confirmation of committee appointments - None A) Approve a resolution authorizing the execution of a License to Encroach Agreement with Emma Ellis — Resolution 13 - 152 Minutes—July 23,2013 B) Approve a resolution amending agreements with U.S. Telecom, Inc. (Sprint), Ohmstede, LTD, Baptist Hospitals of Southeast Texas, Network USA, LLC, Caliber Solutions, Qwest Communications Corporation and CenturyTel Fiber Company ll, LLC (LightCore) for use of the city's right-of-way — Resolution 13 — 153 C) Approve a resolution authorizing the acceptance of property at 1430 Madison Avenue for the Madison Street Project — Resolution 13 - 154 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ AND PATE NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) district for a more restrictive district, and a specific use permit fora tree service facility at 6640 Concord Road. Charles W. Morris has applied for a zone change and specific use permit. Concord Road is currently under construction for expansion. This site is in a transitional area of the City. The property is located to the north and east of Concord.Across the street is a large commercial operation, and the parcel to the south and east of the site was rezoned relatively recently to allow for commercial uses. With the expansion of Concord Road, the trend for properties in the area is going to continue to be towards commercial type uses. Mr. Morris has indicated that he will construct a fence and install landscaping as a buffer to adjacent high-density residential uses in the area, and will construct parking for the site in accordance with Transportation Division requirements. Mr. Morris applied for a zone change back in 2000. That request was denied by the City Council. Given the continued commercialization of this area, Mr. Morris is making this request again. At a Joint Public Hearing held July 15, 2013, the Planning Commission recommended 7:0 to approve a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District and a specific use permit for a tree service facility6640 Concord Road. Approval of ordinance. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE Minutes—July 23,2013 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 GC-MD (GENERAL COMMERCIAL— MULTIPLE FAMILY DWELLING) DISTRICT OR MORE RESTRICTIVE DISTRICT FOR PROPERTY LOCATED AT 6640 CONCORD RD, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVRABLILTY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ AND PATE NAYS: NONE MOTION PASSED Ordinance 13 — 041 Councilmember Coleman moved to ADOPT AN ORDINANCE ENTITLEDAN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TREE SERVICE FACILITY IN A GC-MD(GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT AT 6640 CONCORD RD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ AND PATE NAYS: NONE MOTION PASSED Ordinance 13 — 042 2. Consider an ordinance approving a specific use permit to allow construction of a cellular telecommunications tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2120 Sabine Pass Avenue. Cody Cogdill, on behalf of Verizon Wireless, Inc. has applied for a specific use permit. The cellular telecommunications tower would have a significant impact on cell service and coverage in the area, including downtown and the port and nearby industrial areas. These areas have heavy usage, particularly with data usage, and this is expected to increase. The proposed lease area for the construction of the cellular telecommunications tower is too close to residentially zoned property. The ordinance states: Cellular telephone transmission towers shall be prohibited within two hundred(200) feet of a residentially zoned property. The method of measuring the distance between the cellular telephone transmission tower and the residential zoning district shall be from the nearest lease or property line of the cellular telephone transmission tower facility to the nearest residential district boundary. (Chapter 28 Section 28.04.008 Special Conditions (b)(24). Minutes—July 23,2013 There is sufficient space on the property to locate the cellular telecommunicaitons tower within the 200' required distance. Staff is recommending that this layout be a condition of approval. At a Joint Public Hearing held July 15, 2013, the Planning Commission recommended 7:0 to approve a specific use permit to allow construction of a cellular telecommunications tower in a GC-MD (General Commercial Multiple Family Dwelling) District at 2120 Sabine Pass Avenue, subject to the following condition: 1. That the proposed lease property be situated on the site such that it does not come within 200' of the property line of any residential zone. Approval of ordinance Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A CELLUAR TELECOMMUNICATIONS TOWER IN A GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT AT 2120 SABINE PASS AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ AND PATE NAYS: NONE MOTION PASSED Ordinance 13 - 043 3. Consider an ordinance approving a specific use permit to allow an office and manager's living area in an RCR (Residential Conservation and Revitalization) District at 1616 Sabine Pass Avenue. Rosetta Jones, owner of Statewide Consolidated Community Development Corporation, Inc. has applied for a specific use permit. The proposed use is in a residential area and the building is currently unoccupied. The applicant requested a specific use permit in 2003, and an additional application was made in 2010. Both specific use permits are currently expired due to the fact that no certificate of occupancy was issued. The applicant has asked for a waiver of the fencing and landscaping buffer requirements. Staff feels that the fencing is an appropriate privacy and security buffer between the proposed use and other properties in the area and is recommending that this remain a condition of approval. The applicant has also requested that the rear structure be utilized as an apartment. However, accessory or garage apartments are a permitted as of right use in this zoning district, so no special permission is necessary. Minutes—July 23,2013 At a Joint Public Hearing held July 15, 2013, the Planning Commission recommended 7:0 to approve a specific use permit to allow an office and manager's living area in an RCR (Residential Conservation and Revitalization) District at 1616 Sabine Pass Avenue, subject to the following conditions: 1. That an 8' wood screening fence be installed along side and rear property lines. 2. That the owner work with the City's Transportation Division to determine adequate parking for the rear apartment and manager's living space. 3. In the future, if any business is to be run out of this location, the applicant must come back before the Commission for a separate specific use permit. Approval of ordinance Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN OFFICE AND MANAGER'S LIVING AREA IN A RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 1616 SABINE PASS AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEUAMONT,JEFFERSON COUNTY,TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ AND PATE NAYS: NONE MOTION PASSED Ordinance 13 - 044 4. Consider an ordinance approving a specific use permit to allow an eating and drinking place to be located in an existing unoccupied building in a GC-MD (General Commercial- Multiple Family Dwelling) District at 7150 Eastex Freeway. Polo Del Rio, representing Del Rio Properties, LLC, has applied for a specific; use permit. The proposed use is in an established commercial area and the building is currently unoccupied. The proximity to the freeway, hotels, and other venues make this a suitable place to have such an establishment. Since this is an existing building, access to utilities, parking, etc, should not pose any concern. At a Joint Public Hearing held July 15, 2013, the Planning Commission recommended 6:0:1 to approve a specific use permit to allow an eating and drinking place to be located in an existing unoccupied building in a GC-MD (General Commercial-Multiple Family Dwelling) District at 7150 Eastex Freeway. Approval of ordinance. Councilmember Coleman moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EATING AND DRINKING PLACE TO BE LOCATED IN AN EXISTING UNOCCUPIED BUILDING IN A GC-MD (GENERAL COMMERCIAL — MULTIPLE FAMILY DWELLING DISTRICT AT 7150 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. Minutes—July 23. 2013 AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ AND PATE NAYS: NONE MOTION PASSED Ordinance 13 — 045 5. Consider rescinding Resolution Number 13-117 and approve a new resolution authorizing the City Manager to enter into a contract with Spindletop Housing Corporation. At its May 30, 2013 meeting, City Council approved a resolution to authorize the City Manager to enter into a contract with Spindletop Housing Corporation. In preparation for the project's closing, the City is now requesting that the contract be rescinded and a new contract be approved that will include Section 4 — HOME Long Term Affordability which states: "For the $363, 211 the City will require that 3 of the 15 units built be HOME assisted units. The affordability restrictions of the three (3) units will be in force for a period of 20 years regardless of transfer of ownership as described in 24 CFR 92.252 (e) of the HUD regulations. The City will impose a deed restriction and a Land Use Restriction Agreement upon approval by HUD." This will be an attachment to the executed contract as "Amendment 1 — Conditional Requirements". The $363,211 grant from the 2011 and 2012 HOME program allocations is 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. 2011 HOME program ($53,000) and 2012 HOME program ($310,211). Approval of resolution. COuncilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SPINDLETOP HOUSING CORPORATION TO GRANT$363,211 IN 2011 AND 2012 HOME FUNDS IN CONNECTION WITH AN AFFORDABLE HOUSING PROJECT LOCATED WITHIN THE 2700 BLOCK OF SOUTH 8T" STREET TO INCLUDE HUD REQUIRED SECTION 4-HOME LONG TERM AFFORDABILITY LANGUAGE. Councilmember Coleman seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ AND PATE NAYS: NONE MOTION PASSED Resolution 13 - 155 WORK SESSION — TABLED * Review and discuss increasing various fees at the Henry Homberg Golf Course Minutes—July 23,2013 COUNCILMEMBER COMMENTS COUNCILMEMBER PATE - STATED IT'S ANOTHER GREAT DAY IN BEAUMONT, HOPES THE MAYOR MAKES A SPEEDY RECOVERY, COMPLIMENTED MAYOR PRO TEM WRIGHT ON A GREAT JOB PRESIDING OVER THE MEETING COUNCILMEMBER GETZ- NONE COUNCILMEMBER COLEMAN - COMMENTED ON THE LET'S MOVE PROGRAM IN WHICH CITY COUNCIL ENGAGED BACK IN JANUARY,THIS PROGRAM IS AN EFFORT BY FIRST LADY, MICHELLE OBAMA TO REDUCE CHILDHOOD OBESITY IN THE UNITED STATES, CURRENTLY BEAUMONT RANKED#2 IN THE NATION IN THE POINT SYSTEM THAT WAS ESTABLISHED,THE TOP 75 CITIES WERE ASKED TO TRAVEL TO THE WHITE HOUSE AND MEET WITH THE FIRST LADY,THANKED PARKS AND PROPERTY SERVICES AND THE HEALTH DEPARTMENT,AS WELL AS THE LEADERSHIP OF THE CITY MANAGER ON THIS PROJECT,ALSO WAS ASKED BY THE NATIONAL LEAGUE OF CITIES TO SPEAK IN A WEBINAR TO OTHER CITIES THAT MAY BE INTERESTED IN BEING A PART OF THE LET'S MOVE PROJECT MAYOR PRO TEM WRIGHT - CONGRATULATED WESLEY POLLARD, III„ AN ODOM ACADEMY 7T"GRADER WHO WON THE DO THE RIGHT THING CHALLENGE, HE READ HIS ESSAY TO THE PRESIDENT OF THE UNITED STATES, HE WON OUT OF 1,000 ESSAYS THAT WERE SUBMITTED, BEAUMONT IS VERY PROUD OF HIM COUNCILMEMBER SAMUEL - ABSENT COUNCILMEMBER SMITH - ABSENT CITY ATTORNEY COOPER- ABSENT CITY MANAGER HAYES - NONE MAYOR AMES - ABSENT Public Comments (Persons are limited to three minutes) Jude Paredez 10620 Gage Rd. Beaumont TX Stated that he is a graduate of Lamar University with a degree in nursing, spoke on the baby boomer generation, this generation was given a dose of the new polio vaccine in middle school, he stated the vaccine was contaminated with a virus called SB40 which causes an increase of certain cancers, stated if a person between the ages of 40 and 60 has contracted cancer they should ask their doctor to test the cancer for this virus Minutes—July 23,2013 With there being no other business to come before Council, the meeting adjourned at 1:52 p.m. Audio available upon request in the City Clerk's Office. �•.e..�®tae el Williams Wright, ayor Pro Tern Tina Broussard, City Clerk AW Minutes—July 23,2013