HomeMy WebLinkAboutMIN FEB 02 2010 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 Nancy Beaulieu, Ward II
Audwin Samuel, Ward III February 2, 2010 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 February 2, 2010 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: Receive a report related to the FY 2009 Audit
Public Comment: Persons may speak on scheduled agenda items 4-6/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Councilmember Samuel gave the invocation. Councilmember Beaulieu led the Pledge of Allegiance.
Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Councilmembers Coleman, Beaulieu, Pate, Samuel and
Smith. Absent: Mayor Pro Tern Wright. Also present were Kyle Hayes, City Manager-, Tyrone
Cooper, City Attorney; Tina Broussard, City Clerk.
Mayor Pro Tern Wright was absent due to illness.
Proclamations, Presentations, Recognitions
None
Public Comment: Persons may speak on scheduled agenda items 4-6/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - January 26, 2010
Confirmation of committee appointments - Resolution 10 - 021
Minutes-February 02,2010
Allen Perkins would be reappointed to the Convention and Tourism Advisory Board. The current term
would expire October 8, 2011. (Councilmember W.L. Pate, Jr.)
J. Shane Howard would be reappointed to the Parks and Recreation Advisory Committee. The
current term would expire May 9, 2011 . (Councilmember W.L. Pate, Jr.)
Dora Nisby would be reappointed to the Library Commission. The current term would expire
December 12, 2010. (Councilmember Alan B. Coleman)
Greg Wall-Architect would be reappointed to the Construction Board of Appeals (Building). The
current term would expire January 24, 2012. (Mayor Becky Ames)
Gene VanMeter-Electrician (Alternate)would be reappointed to the Construction Board of Appeals
(Building). The current term would expire January 24, 2012. (Mayor Becky Ames)
Tom Neild-General Contractor (Alternate) would be reappointed to the Construction Board of
Appeals (Building). The current term would expire January 24, 2012. (Mayor Becky Ames)
Angela Baker would be appointed to the Community Development Advisory Committee. The term
would commence February 2, 2010 and expire February 1, 2012. (Councilmember Alan B.
Coleman)
Dave Mulcahy would be appointed as Chairman of the Small Business Revolving Loan Fund Board.
The term would commence February 2, 2010 and expire February 1 , 2011. (Mayor Becky Ames)
Ann Reynolds would be reappointed to the Animal Health Advisory Committee. The current term
would expire December 13, 2010. (Mayor Becky Ames)
Sgt. Kelly Cole - Police Department Representative would be appointed to the Animal Health
Advisory Committee. The term would commence February 2, 2010 and expire February 1, 2012.
(Mayor Becky Ames)
A) Authorize the Mayor to execute a waiver granting permission for the Jefferson County
Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for
mosquito control purposes - Resolution 10 - 022
B) Authorize the settlement of the lawsuit styled John Smith v. City of Beaumont, et al -
Resolution 10 - 023
C) Approve the purchase of two(2)tractors for use by the Parks and Property Services Division-
Resolution 10 - 024
Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember
Beaulieu seconded the motion.
AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND
SMITH
Page 2 of 11 Minutes-February 02,2010
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider a request for a zone change from RS (Residential Single Family Dwelling) District
to RM-M (Residential Multiple Family Dwelling-Medium Density)District for property located
east of Concord and north of the current dead-end of Sienna Trails.
Administration recommended approval of a zone change from RS (Residential Single Family
Dwelling)District to RM-M (Residential Multiple Family Dwelling-Medium Density) District for
16.20 acres as depicted in Attachment "C".
Fittz & Shipman, Inc. has applied for a zone change.
In November,2006, a master plan was submitted for the entire property. That plan called for
approximately 38 acres for single family development, approximately12 acres for apartments
and approximately 12 acres for patio homes and elderly housing.
Now, Muse Limited, the developer and property owner, would like to rezone the 38+ acres
(Tract 1)that was originally zoned RS and RM-M to 16.2 acres of RM-M and 15.73 acres of
RM-H and to rezone the 3+ acres (Tract 2) from RS to RM-H.
5.17 acres of the proposed RM-H will be developed as an assisted living site for the elderly
and 13.92 acres will be developed as apartments. The 16.2 acres of RM-M zoning is to be
developed with townhomes.
Staff has a concern that Concord, in its current form, would have a difficult time handling the
additional traffic that the submitted development plan would generate. Therefore, staff
recommends that only the 16.20 acres as depicted in Attachment "B" be approved for
rezoning at this time.
At a Joint Public Hearing held January 25,2010,the Planning Commission recommended 8:0
to approve a zone change from RS (Residential Single Family Dwelling) District to RM-M
(Residential Multiple Family Dwelling-Medium Density) District for 16.20 acres as depicted
in Attachment "C".
Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING
CHAPTER 30 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 RS (RESIDENTIAL SINGLE
FAMILY DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM
DENSITY)FOR PROPERTY LOCATED EAST OF CONCORD AND NORTH OF THE CURRENT DEAD-END
OF SIENNA TRAILS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the
motion.
Page 3 of 11 Minutes-February 02,2010
AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND
SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 012
2. Consider a request for a specific use permit to allow a real estate office in an RCR-H
(Residential Conservation and Revitalization-Historic) District at 2580 North Street.
Administration recommended denial of the specific use permit.
Alan Cramer with Alan Cramer Investments, has applied for a specific use permit.
Mr. Cramer states that the office will be staffed by 2-3 employees. Day to day business will
consist of the signing and processing of applications and leases, collecting payments and
supplying keys and work orders to maintenance crews. Hours of operation will be Monday-
Friday, 8:00 a.m. - 5:00 p.m.
The subject property consists of a two story residence and an existing garage. The applicant
proposes to construct nine additional parking spaces at the rear of the house. As a result of
a specific use permit granted in 1988 for a child care facility, the existing driveway was
expanded to include a paved turn-around for two-way traffic. The most recent use of the
property has been single family residential.
In June, 2006, City Council denied a request for a specific use permit to allow a financial
consulting office at 2570 North. That property is adjacent to the subject property's east
property line. This denial was based upon the desire of residents of the Old Town
neighborhood to restrict further commercial encroachment into the neighborhood. This would
be the only commercial use in this particular block. The nearest commercial use is a lawyer's
office at the northwest corner of North and Tenth Streets.
This particular request would require that the back yard be paved over to provide additional
parking to serve the proposed business. There has been a tendency for residential structures,
once converted for commercial uses, to not revert back to residential uses.
At a Joint Public Hearing held January 25, 2010, the Planning Commission recommended 8:0
to deny a specific use permit to allow a real estate office in an RCR-H (Residential
Conservation and Revitalization-Historic) District at 2580 North Street.
Councilmember Coleman made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A REAL ESTATE OFFICE IN A AN RCR-H
(RESIDENTIAL CONSERVATION AND REVITALIZATION-HISTORIC) DISTRICT LOCATED AT 2580
NORTH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember
Beaulieu seconded the motion.
Page 4 of 11 Minutes-February 02,2010
AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND
SMITH
NAYS: NONE
MOTION DENIED
3. Consider a request for a specific use permit to allow area I estate office in a PUD (Planned
Unit Development) District at 6310 Delaware.
Administration recommended approval of the specific use permit with a modification to the
landscaping/screening requirements along the north property line(no 8'tall screening fence
and 10' wide landscape strip).
Ron Cleveland, representing DCC Properties, LLC, has applied for a specific use permit.
The proposal calls for the construction of an 8,869 sq. ft. single story office building and
related parking for Keller Williams Realty. A 26'wide curb cut on the west side of the tract will
provide access to the property.
Specific use permits have been approved to allow professional offices and a bank on
adjacent properties to the east. The applicant is requesting a modification to the
landscaping/screening requirements along the north property line. The subject property is
separated from Barrington Heights by a 120' wide DD#6 drainage ditch. The fencing
requirement has been waived with the adjacent specific use permits.
At a Joint Public Hearing held January 25, 2010, the Planning Commission recommended
7:0:1 to approve a specific use permit to allow a real estate office in a PUD (Planned Unit
Development) District at 6310 Delaware, with a modification to the landscaping/screening
requirements along the north property line(no 8'tall screening fence and 10'wide landscape
strip).
Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A REAL ESTATE OFFICE IN A PUD (PLANNED UNIT
DEVELOPMENT)DISTRICT LOCATED AT 6310 DELAWARE IN THE CITY OF BEAUMONT,JEFFERSON
COUNTY, TEXAS. Councilmember Pate seconded the motion.
AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND
SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 013
Page 5 of 11 Minutes-February 02,2010
4. Consider approving an abandonment of a portion of 8th Street between Blanchette and Milam.
Administration recommended approval of the abandonment of a portion of 8th Street between
Blanchette and Milam.
The Beaumont Independent School District (BISD) has requested the abandonment.
BISD has demolished the old Fehl Elementary School and is building a new school as part
of the BISD bond program. Eighth Street, between Milam and Blanchette, is unimproved.
However, overthe years, BISD has used the right-of-way for bus parking and a parking lot for
Fehl Elementary School.
Now that the new school is being built and wishes to utilize a portion of the right-of-way, BISD
is asking that the entire length of 8th Street, between Milam and Blanchette be abandoned.
This item was sent to all interested parties. AT&T has an aerial pole lead and underground
conduit run in the right-of-way. AT&T objects to the abandonment unless the entire right-of-
way is retained as a general utility easement.
At a Public Hearing held January 25, 2010,the Planning Commission recommended approval
8:0 of an abandonment of a portion of 8th Street between Blanchette and Milam, subject to
the following condition:
A) A 60' wide general utility easement shall be retained.
Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
VACATING AND ABANDONING A 60'x 860" PORTION OF 8T"STREET BETWEEN BLANCHETTE AND
MILAM STREETS, BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded
the motion.
AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND
SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 014
5. Consider authorizing the City Manager to execute Industrial District Contracts with Koch
Nitrogen Company, LLC, and Koch Nitrogen International Sarl.
Administration recommended approval of a resolution authorizing the City Manager to execute
Industrial District Contracts with Koch Nitrogen Company, LLC, and Koch Nitrogen
International Sarl.
Page 6 of 11 Minutes-February 02,2010
Koch Nitrogen Company, LLC, and Koch Nitrogen International Sarl, store inventory in tanks
on the site of Martin Gas Sales on Gulf States Road. The City is entering into initial industrial
contracts with both companies that will be effective January 1 , 2010. The in-lieu of tax
payment will be based on a ratio of 80% of property taxes due to the City as if the industry
were located within the city limits in 2010 and 2011 and 75%of property taxes due to the City
in 2012 through 2015. The 2010 payment by each company will be calculated based on 80%
of the assessed value multiplied by the tax rate effective on October 1, 2009. Payments for
2010 will be due to the City on March 1, 2010.
The estimated FY 2010 payments for Koch Nitrogen Company, LLC, and Koch Nitrogen
International Sarl, are$23,208 and$53,112, respectively. These payments were not included
in the FY 2010 Budget.
Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO EXECUTE INDUSTRIAL DISTRICT CONTRACTS WITH KOCH
NITROGEN COMPANY, LLC, AND KOCH NITROGEN INTERNATIONAL SARL EFFECTIVE JANUARY 1,
2010 Councilmember Beaulieu seconded the motion.
AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND
SMITH
NAYS: NONE
MOTION PASSED
Resolution 10 - 025
6. Consider amending Section 26-93 (b)of the Code of Ordinances related to noncommercial
parades and the costs for Police, cleanup and other services provided by the city.
Administration recommended approval of amending Section 26-93 (b) of the Code of
Ordinances.
In the existing Ordinance related to a noncommercial parade permit, it states"Police, cleanup
and other services will be paid by the city." The Administration recommends changing the
sentence to "Police, cleanup, and other services may be paid by the city." This change will
allow the Administration the flexibility to deny various requests for Police and cleanup services
when staffing and financial resources are not available to meet the needs of a particular
request.
Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING CHAPTER 26,ARTICLE IV,PARADES,SECTION 26-93(b)OF THE CODE OF ORDINANCES
OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY. Councilmember Smith seconded the motion.
AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND
SMITH
Page 7 of 11 Minutes-February 02,2010
NAYS: NONE
MOTION PASSED
Ordinance 10 - 015
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
WORKSESSION
Review and discuss a Police Department Advisory Committee
Frank Coffin, City of Beaumont Police Chief, discussed the possibility of a Police Department
Advisory Committee or Citizens Review Board. The first thing that Chief Coffin discussed was
information on a Citizens Review Board, followed by discussion of an Advisory Committee. In the
late 1950's and early 1960's,the citizens of Beaumont had an election where they adopted the Civil
Service rules for the city. This Civil Service rule is located in Chapter 143 of the Local Government
Code. Civil service is basically designed to take the politics out of hiring, promotions, and out of
discipline within the police and fire departments. Civil service controls just about everything that is
done within both departments, it dictates how to hire and fire, what minimum requirements are,
promotions and what needs to be done throughout the promotion. It prevents the city from having a
good old boy/girl system, it also addresses discipline, it addresses how it is to be handled and who
is to do the discipline and how. Civil Service statute states that it will prevail unless a city has a
collective bargaining agreement in the organization, in which the city has. There are three cities that
have civilian review boards at this time, one is the City of San Antonio, Texas, the City of Austin,
Texas and the City of Galveston, Texas. Chief Coffin discussed each of the cities and what type of
board and guidelines they each have, there are some similarities but each city is different.
Chief Coffin also discussed information being released to the advisory committee and whether or not
a group of citizens can become aware of allegations of misconduct. 'The civil service statue was
cited regarding the information being released and whether or not the advisory committee could be
given certain information without violating the statue.
The Council gave direction to the City Attorney to prepare an ordinance in the form of a draft as to
the qualifications and requirements of the committee, as well as making an Attorney General Opinion,
this would only be an opinion and nothing that would be binding in court.
COUNCILMEMBER COMMENTS
COUNCILMEMBER COLEMAN- WELCOMED HIS FRIEND,KELLY BADEN OF WESLEY UNITED
METHODIST CHURCH, WHO IS ON ASSIGNMENT FOR
LEADERSHIP BEAUMONT
COUNCILMEMBER BEAULIEU - PLEASED WITH THE YEAR-END AUDIT, THANKED CHIEF
COFFIN FOR THE INFORMATIONAL WORKSESSION
Page 8 of 11 Minutes-February 02,2010
MAYOR PRO TEM WRIGHT - ABSENT
COUNCILMEMBER PATE - COMPLIMENTED CFO, LAURA CLARK AND HER STAFF ON
THE WONDERFUL JOB THEN' DO, ALSO COMPLIMENTED
BAPTIST HOSPITAL ON THE GREAT JOB THEY DID FOR
RAISING MONEY FOR THE DAUPHIN CENTER
COUNCILMEMBER SAMUEL - WELCOMED KELLY BADEN TO THE COUNCIL MEETING,
THANKED CFO, LAURA CLARK AND HER STAFF, THANKED
CHIEF COFFIN FOR THE WORKSESSION,ALSO THANKED THE
ALPHA PHI ALPHA FRATERNITY OF LAMAR UNIVERSITY
FOR INVITING HIM TO BE A PAGEANT JUDGE
COUNCILMEMBER SMITH - STATED THAT THE ADVISORY COMMITTEE IS A STEP IN THE
RIGHT DIRECTION, COMMENTED THAT MAYOR PRO TEM
WRIGHT IS FEELING BETTER AND WORKING FROM HER
BEDSIDE, SPOKE TO AN ORGANIZATION AT CENTRAL HIGH
SCHOOL CALLED PLATINUM GENTS,INVITED THEM TO COME
TO A COUNCIL MEETING FOR A CLASS PROJECT, HAD A
GREAT TIME SPEAKING TO PIETZSCH-MACARTHUR
ELEMENTARY FOURTH AND FIFTH GRADERS, ANNOUNCED
THAT THE "100 MEN" WILL SPONSOR A BLOOD DRIVE AT
CENTRAL MALL ON SATURDAY, FEBRUARY 6, 2010, THE
AIDS NETWORK WILL BE SPONSORING A WALK-A-THON AT
THE L. L. MELTON YMCA ON FRIDAY, FEBRUARY 19,2010
AT 9:00 A.M., THE NAACP WILL BE HOSTING A FREEDOM
FUND BANQUET,TICKETS ARE$25.00 AND ON SALE AT THE
NAACP BUILDING
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES- COMMENTED ON A SURVEY ON RECYCLING THAT WILL BE IN
CITIZENS WATER BILLS, ENCOURAGED EVERYONE TO FILL
OUT THE SURVEY, IF YOU DO OR DO NOT WANT RECYCLING
THE CITY WOULD LIKE TO KNOW EVERYONE'S FEELING ON
RECYCLING IN THE CITY
Public Comments (Persons are limited to three minutes)
Freddie Coleman 635 Park Beaumont TX
Spoke in regards to the parking meters being removed to repair the sidewalks where his
business is located, asked when the parking meters would be reinstalled due to his customers
not having anywhere to park
Page 9 of 11 Minutes-February 02 2010
Bruce Offer 2535 North St. Beaumont TX
Commented on Groundhog Day, reminded everyone that it is election time countywide and
encouraged everyone to exercise their right to vote,early voting starts February 16, 2010, also
mentioned recycling, stated he would be attending the winter statewide soccer meeting next
weekend and will bring more information after the meeting, announced spring registration has
started here in Beaumont and teams will be formed this month, practice will start March 1 ,
2010
Dorothy Evans 2825 Arthur Lane Beaumont TX
Extended an invitation to Council to attend the AARP meeting on Friday, February 12, 2010,
at Atria Collier Park where they will be having installation of officers,there will be a fund raiser
celebrating Mardi Gras at the Beaumont Civic Center for the Best Years Center, commented
on the health insurance problem that is still being faced in Washington, spoke in regards to
the tax aide that will be available at the L. L. Melton YMCA, the start date will be February 16,
2010
Jason Planchet 700 Orleans Beaumont TX
Commented on the citizen advisory committee, spoke regarding the release of confidential
information
Vernon Duren 2110 Westboro Rd. Beaumont TX
Commended Councilmembers Jamie Smith and Audwin Samuel on all that they do,thanked
Chief Coffin on the investigation of the advisory committee,wished that he would have done
more investigation on a review committee
Open session of meeting recessed at 3:04 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
City of Beaumont v. Greg Abbott, Attorney General of Texas, et al
Clifford Teasle v. City of Beaumont
State of Texas v. James Edward Mathews, Jr.
City of Beaumont v. James Mathews
There being no action taken in Executive Session, Council adjourned.
Page 10 of 11 Minutes-February 02,2010
Audio available upon request in the City Clerk's Office.
Becky Am s Mayor 1r�gEAj���1,+
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Tina Broussard, City Clerk X11 i�
Page 11 of 11 Minutes-February 02,2010