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HomeMy WebLinkAboutMIN MAY 23 2017T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, At -Large Virginia H. Jordan, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward 11 Audwin Samuel, Ward 111 May 23, 2017 Robin Mouton, Mayor Pro Tem 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 May 23, 2017, 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 — Presentation from the Regional Economic Development Initiative Public Comment: Persons may speak on Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Edison Colbert Jr., Paradise Missionary Baptist Church gave the invocation. Vietnam Veterans of Southeast Texas Chapter 292 led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Mouton, Councilmembers Jordan, Getz, Wright, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Memorial Day" - May 29, 2017 - Proclamation read by Mayor Ames; accepted by Danny Blanchard, Manager of Forest Lawn Memorial Park and Kerwin Stone, President of the Vietnam Veterans of Southeast Texas Chapter 292 "Emergency Medical Services Week" — May 21-27, 2017 — Proclamation read by Councilmember Jordan; accepted by Sherry Ulmer, Director of Beaumont Health Department EMS and EMS Personnel "Motorcycle Awareness Month" — May, 2017 — Proclamation read by Councilmember Samuel; accepted by David Andrews and Keith Gardner Presentation — Judge Nancy Beaulieu with the Community Coalition Organization spoke to Council regarding the Coalition that she is the Chairman, she introduced the Board of Directors and Staff and informed Council as to what the Organizations- initiatives are and how citizens can volunteer, spoke on the need for this organization, their educational support program as well as their personal and professional development Minutes — May 23, 2016 Public Comment: Persons may speak on Consent Agenda. None CONSENT AGENDA * Approval of minutes — May 16, 2017 * Confirmation of committee appointments — None A. Authorize the City Manager to execute a contract with Legacy Community Development Corporation for HOME Investment Partnerships Program funding from the Department of Housing and Urban Development — Resolution 17 -101 B. Authorize the City Manager to approve a final payment to Allco, LLC, for the Tennis Center Project located at 6475 College Street — Resolution 17 -102 C. Authorize the City Manager to execute Change Order No. 5 for the New Best Years Center Project located at 150 Magnolia Street — Resolution 17 -103 D. Authorize the City Manager to execute all documents necessary related to a memorandum of agreement between the City of Beaumont and Baptist Hospitals of Southeast Texas d/b/a Baptist Beaumont Hospital — Resolution 17 -104 E. Authorize the City Manager to execute an agreement with the Beaumont Independent School District (BISD) regarding the School Crossing Guard Program — Resolution 17 -105 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. GENERAL BUSINESS 1. Consider a request for a rezoning of property located at 3576 and 3586 Blackmon Lane from RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District or a more restrictive zoning District. Blackmon lane, the only access to the property, is a 20 foot wide residential street. All utilities accessed by the property are of residential grade. Although the zoning would be compatible with the surrounding area, the street and utilities would need to be upgraded for any commercial use. Minutes — May 23, 2016 At a Joint Public Hearing held on May 15, 2017, the Planning Commission recommended 6:0 to approve a request for a rezoning for property located at 3576, 3586 Blackmon Lane from RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District or a more restrictive zoning District. Approval of the 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 BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED AT 3576 AND 3586 BLACKMON LANE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALAND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 17 - 034 2. Consider a request for a revised Specific Use Permit to allow the expansion of a church located at 7750 Highway 105, in an RS (Residential Single Family Dwelling) District. John Polk has requested a revised Specific Use Permit to allow Northwest Church of Christ to expand at their existing location, 7750 Highway 105. In August of 1984, the church received a Specific Use Permit to operate a church at this location. The church has grown and is in need of additional space for classrooms. The operational hours of the church will not change. The surrounding property is zoned RS to the north and west, and is currently vacant. At such time as the neighboring properties should be developed as residential uses, an eight (8) foot wood or masonry privacy fence should be installed along these property lines. In addition, a ten (10) foot wide landscaped buffer would need to be installed along these property lines as required by Ordinance. The additional parking will need landscaped islands as required by Ordinance. At a Joint Public Hearing held on May 15, 2017, the Planning Commission recommended 6:0 to approve a request for a revised Specific Use Permit to allow the expansion of a church, located at 7750 Highway 105 in an R -S (Residential Single -Family) District: Seek approval from TXDOT for the proposed storm drain system. 2. When adjacent property is developed, install the required eight (8) foot fence and ten (10) foot'wide landscaped buffer along the north and west property lines. Minutes — May 23, 2016 3. New parking area shall be designed to include all required landscaping. 4. Construct a sidewalk along front of property. Approval of the ordinance with the following conditions: Seek approval from TXDOT for the proposed storm drain system. 2. When adjacent property is developed, install the required eight (8) foot fence and ten (10) foot wide landscaped buffer along the north and west property lines. 3. New parking area shall be designed to include all required landscaping. 4. Construct a sidewalk along front of property. COuncilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A CHURCH IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 7750 HIGHWAY 105, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 17 - 035 3. Consider a request for the abandonment of a portion of the Sawyer Street right-of-way. Mark Fertitta, manager of SET Asset Properties, LLC (owner of 191 11th Street), is requesting an abandonment of this portion of Sawyer Street. The building located at 191 11th Street encroaches into the Sawyer Street right-of-way 4.9 feet. The request is made to satisfy requirements of a potential lessor. The property has operated in the past under a license to encroach, but this arrangement is problematic, given that the potential tenant may perform extensive upgrades to the property. At a Joint Public Hearing held on May 15, 2017, the Planning Commission recommended 6:0 to approve a request for the abandonment of a portion of the Sawyer Street right-of-way Approval of the Ordinance. Mayor Pro Tem Mouton moved to ADOPT AN ORDINANCE VACATING AND ABANDONING A PORTION OF THE SAWYER STREET RIGHT-OF-WAY JUST SOUTH OF LAUREL STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; AND RETAINING A GENERAL UTILITY EASEMENT. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE Minutes — May 23, 2016 MOTION PASSED Ordinance 17 — 036 WORK SESSION Review and discuss a request from the Southeast Texas Arts Council for a State designation for a "Cultural Arts District" Chris Boone, Planning and Community Development Director, reviewed and discussed a request from the Southeast Texas Arts Council for a State designation for a "Cultural Arts District". Mr. Boone stated that recently Sue Bard, Executive Director of the Southeast Texas Arts Council contacted the City about the possibility of creating a Cultural District in downtown Beaumont. The Cultural Arts District was established by House Bill 2208 of the 79th Legislature, the bill will enable the Texas Commission on the Arts to designate Cultural Districts in significant cultural areas throughout the State. The special zones seek to stimulate economic development and tourism by promoting and developing the arts, culture and other historic attributes - of an area. By establishing this designation the district becomes eligible for grant funding to use for marketing, infrastructure and major events. Of course, at this point it's important to recognize the tremendous improvements that have been made in the downtown area over the past several years through private as well as public investment, It's also important to recognize the tremendous artistic and cultural assets that are downtown like the Julie Rogers, Jefferson Theatre, the Event Centre and numerous museums, as well as the on gong cultural events downtown. It's felt that by creating the district this would bring additional attention to downtown, as well as potential funding to further the common overall mission which is the revitalization of downtown Beaumont. It should be noted that in order to become a district, community support must be demonstrated through a resolution of support from both the City and County Governments. Should there be an interest in supporting such a district a resolution of support will be submitted for consideration at a future meeting. Mr. Boone stated that the Beaumont Chamber of Commerce and Jefferson County has already submitted a resolution of support at their recent meetings. COMMENTS Public Comments (Persons are limited to three minutes) Mary Ann Johnson Homeless Vet Beaumont TX Commented on an apartment complex that she was recently evicted from located at 4365 S. 4th St., stated that the complex is infested with mold, there was a contractor that came out and assessed the damage and how much he would charge to make repairs to the apartments at the complex, stated that the owners refuse to get the apartments fixed, stated that she has called everyone in this City and no one wants to do anything to help her, mentioned that she was evicted for reporting this apartment complex and cost the owner money and court fees Minutes — May 23, 2016 Jason Marshburn 1070 Monterrey Dr. Beaumont TX Wished all of Council a good two year term, doesn't want to see any type of fighting etc., there's a lot of work to be done and would like to see them all take care of City issues, knows that the streets are the main priority and there's no money to take care of all the streets but every attempt needs to be made and everyone needs to get along, hopefully everything will get fixed Landry Roundtree 1565 S. Major Beaumont TX Commented on Pastor Benoit and the beautiful prayer he did on last week, congratulated everyone on Council on their win, stated that last week when observing the Oath of Office he noticed that when the Oath is taken one puts their left hand on bible and right hand is raised, wondered why that is done, stated that he checked with his kids as to why that tradition is done and stated why, appreciates everyone that did raise their hand when the Oath of office was done, he did however, observe that there was some that didn't raise their right hand even when the Judge directed them to do so, asked that in the future would like to see all Councilmembers raise their right hand and affirm their Oath Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER JORDAN - ASKED THE CITY ATTORNEY TO LOOK INTO SOME WAY THAT THE CITY CAN LIMIT CIGARETTE ADVERTISEMENT ON THE CITY COMMERCIAL ESTABLISHMENTS, IT PERSONALLY AFFECTS HER NEGATIVELY AND PROBABLY DOES FOR VISITORS AS WELL, STATED THAT IF THE CITY IS OBJECTING TO SMOKING AS A HEALTH CONSIDERATION THEN THE ADVERTISEMENT OF SUCH SHOULD BE THROWN INTO THE SAME BASKET, THERE IS ONE BUSINESS IN PARTICULAR ON 11TH STREET AS THERE ARE MANY THROUGHOUT THE CITY, THIS BUSINESS HAS ALL THE WINDOWS COMPLETELY COVERED WITH TOBACCO ADVERTISEMENT, THE POLICE HAS STATED THAT THEY HOPE NOTHING GOES ON IN THE BUSINESS BECAUSE WHEN THEY PASS UP AND DOWN 11TH STREET THEY CAN'T SEE IN, THIS IS ALSO A SAFETY CONSIDERATION, HAVE HEARD THAT THERE MAY BE A LIMIT THAT THERE COULD ONLY BE THREE ADVERTISEMENT SIGNS PER ESTABLISHMENT, WOULD LIKE THE CITY ATTORNEY TO CHECK INTO THIS AND GIVE THEM SOME KIND OF GUIDANCE ON THIS ISSUE, ANNOUNCED THE BEAUMONT HERITAGE SOCIETY'S HAPPY HOUR WILL BE AT THE CLIFTON STEAMBOAT MUSEUM ON JUNE 15, 2017, IT'S HER HOPE THAT EVERYONE WILL JOIN THEM TO CELEBRATE ALL OF THE OLD GOOD STUFF THAT IS IN BEAUMONT, TEXAS COUNCILMEMBER GETZ - STATED IT WAS HIS PLEASURE TO DELIVER THE PROCLAMATION THAT HE READ ON LAST WEEK AND TO ALSO DELIVER THE PROCLAMATION IN PERSON ON BEHALF OF THE MAYOR AND COUNCIL AT THE DEDICATION OF THE ORCHARD Minutes — May 23, 2016 ACROSS FROM THE SYNAGOGUE WHERE THERE WILL BE AN ORCHARD WITH ALL KINDS OF FRUITS AND VEGETABLES FREE TO THE PUBLIC FOR ALL THAT ARE IN NEED TO COME AND EAT COUNCILMEMBER WRIGHT - STATED THAT SHE WASN'T ABLE TO ATTEND THE DEDICATION DUE TO HAVING TO DELIVER A PROCLAMATION TO THE CHARLTON POLLARD CLASS OF 1967, STATED IT WAS A LOVELY 50TH REUNION, ALSO COMMENTED ON MEMORIAL DAY, ASKED THAT EVERYONE REFLECT ON ALL OF THE LIVES LOSS, GAVE A SPECIAL RECOGNITION TO PVT. IRA GRAVES, HER UNCLE THAT FOUGHT IN WORLD WAR II, IT'S WONDERFUL TO BE ABLE TO RECOGNIZE ALL WHO GAVE THEIR LIVES OR WHOSE LIVES WERE TAKEN FOR OUR FREEDOM COUNCILMEMBER PATE - ECHOED COUNCILMEMBER WRIGHT'S COMMENTS, COMMENTED ON THE TML REGION 16 MEETING, IN WOODVILLE, TX, STATED THAT COUNCILMEMBERS WRIGHT, GETZ AND MOUTON ATTENDED, THE MEETING WAS HELD AT THE HERITAGE VILLAGE AT THE PICKET HOUSE, STATED THAT A PROGRAM HAS BEEN STARTED TO EDUCATE PEOPLE ON HOW TO HELP INDIVIDUALS THAT ARE RELEASED FROM INCARCERATION TO TRY AND GET THEM BACK INTO SOCIETY, ONE OF THE COMMON DENOMINATORS OF INDIVIDUALS THAT GO TO PRISON IS NOT HAVING A MALE IN THE HOME ON A REGULAR BASIS, THERE WILL BE A MEETING AT ST. MARK'S EPISCOPAL CHURCH, 680 CALDER ST., AT 11:30 A.M., ON FRIDAY, ANNOUNCED LAMAR UNIVERSITY WOMEN'S SOFTBALL CONTINUES TO MOVE FORWARD IN THE NATIONAL INVITATION TOURNAMENT IN WESTBERG, VA, THEY REMAIN UNDEFEATED COUNCILMEMBER SAMUEL - GAVE CONDOLENCES TO THE BROWN FAMILY ON THE LOSS OF THEIR SON AND DAUGHTER JORDAN AND JAYDEN, IT'S ALWAYS A TRAGEDY TO SEE YOUNG PEOPLE KILLED IN ACCIDENTS MAYOR PRO TEM MOUTON - GAVE CONDOLENCES TO THE BROWN AND STEPHENS FAMILIES, CONGRATULATED THE LEGACY LADY WARRIORS WHO ARE STATE CHAMPS, AS WELL AS MEMORIAL HIGH SCHOOL BOYS TRACK TEAM WHO SET A NEW NATIONAL RECORD IN TRACK, ALSO ATTENDED THE HEALTH FAIR AT WEST TABERNACLE BAPTIST CHURCH WHICH WAS A GREAT SUCCESS, MENTIONED THE TML REGION 16 MEETING, ENCOURAGE EVERYONE TO OBSERVE MEMORIAL DAY CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - THANKED ALL COUNCILMEMBERS THAT HELPED LAST WEEK WITH PROCLAMATIONS ETC., ENCOURAGED EVERYONE TO COME OUT TO FOREST LAWN MEMORIAL PARK, AT 10:00 Minutes — May 23, 2016 A.M., ON MONDAY, MAY 30, 2017, FOR THE MEMORIAL DAY PROGRAM, MENTIONED THE COMMUNITY COALITION THAT JUDGE BEAULIEU SPOKE ABOUT, ENCOURAGE CITIZENS TO GET THEIR CHURCH INVOLVED IF THEY AREN'T ALREADY Open session of meeting recessed at 2:46 p.m. EXECUTIVE SESSION Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 4495 Ironton (former Fire Station No. 2) 950 Washington Boulevard (former Public Health Facilities) 320 College Street (vacant tract of land located west of the Downtown Library) There being no action taken in Executive Session, Council adjourned. the City Clerk's Office. Minutes — May 23, 2016