HomeMy WebLinkAboutMIN DEC 07 2010 M I N U T E S - CITY OF BEAUMONT
W.L. Pate,Jr., Mayor Pro Tern BECKY AMES, MAYOR Gethrel Williams-Wright,At Large
Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II
Audwin Samuel,Ward III December 7, 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 December 7,2010, 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
Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor Robert Besser of Wesley United Methodist 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 Pate, Councilmembers Coleman,
Beaulieu,Wright,Samuel and Smith. Also present were Kyle Hayes,City Manager;Tyrone Cooper,
City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
Recognition for "Oaks Historic District Neighborhood Association"- Winners of the
Forest of Trees Contest - Accepting; members of the Oaks Historic District
Recognition by Workforce Solutions- Marilyn Smith and Pat Avery announced that the
Southeast Texas Workforce Solutions was presented with a check for$100,000 at the 14th
Annual Texas Workforce Commission Conference that was held November 17-19,2010, in
Dallas,TX for outstanding performance in Unemployment Insurance Claimant Re-employment
Announcement made by Matthew Fortenberry and Sgt. Kelly Cole with the Beaumont Animal
Services in regards to the"Foster a Lonely Pet for the Holidays"program,they encouraged
citizens to participate
Jim Ishee and his wife presented"Jim Gilligan Way"hats to Mayor and Council in appreciation
for naming the street after Jim Gilligan
Minutes-January 7,2010
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda.
Paul Jones 10033 Brooks Rd. Beaumont TX
Spoke in regards to Item#6 on the Agenda; asked that Council reconsider the type of board
they will be putting into place, ask that they put a review board into place instead of an
advisory board, also stated that Councilmember Beaulieu should not participate in this
process that it is a conflict of interest
Cornelius D. Williams Jr. 4215 N. Major Dr. Beaumont TX
Spoke in regards to Item #6 on the Agenda; stated that it was his humble position that a
community advisory committee would be ineffectual,it's his position that a review board would
be the only mechanism to ensure who police the police
Nathan Cross 6420 Wilder Beaumont TX
Spoke in regards to Item#6 on the Agenda; does not believe that a citizens review board is
necessary, believes that a advisory committee will serve the purpose of the public and the
police department
Vernon Durden 2110 Westbury Rd. Beaumont TX
Spoke in regards to Item #6 on the Agenda; stated that a review board is what is needed,
requested that another workshop be done by Council where citizens can ask questions and
get answers, also that Councilmember Beaulieu and the City Manager not participate in the
workshop
Rev. Louis Vaughn 9615 Mapes St. Beaumont TX
Spoke in regards to Item#6 on the Agenda; suggest that Council wait on deciding what type
of board or proceed with a dual advisory and review board all in one
Christopher Jones 2207 Poplar St. Beaumont TX
Spoke in regards to Item #6 on the Agenda; ask that Council reconsider the advisory
committee and run the City as citizens
Norris Baptist 2720 Edmond Beaumont TX
Spoke in regards to Item #6 on the Agenda
Page 2 of 18 Minutes-January 7,2010
CONSENT AGENDA
Approval of minutes - November 16, 2010
` Confirmation of committee appointments - None
A) Approve an agreement with Motiva Enterprises, LLC for the installation and rental of a traffic
signal - Resolution 10 - 306
B) Authorize the acceptance of a Water Line Easement to provide water and fire protection
services for Caldwood Elementary School - Resolution 10 - 307
C) Authorize the acceptance of a six foot wide Sidewalk Easement located at 4550 Major Drive-
Resolution 10 - 308
D) Approve Change Order Number One and the final payment related to the Florida Avenue
Improvement Project - Resolution 10 - 309
Mayor Pro Tern Pate made a motion to approve the Consent Agenda. Councilmember
Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider authorizing the issuance and sale of $35 Million City of Beaumont, Texas,
Certificates of Obligation, Series 2011; levying taxes to provide for payment thereof; and
containing other matters related thereto.
Administration recommended approval.
Results of the sale will be presented by the City's Financial Advisor, Ryan O'Hara of RBC
Capital Markets. A recommendation will be made to award the bonds to the underwriters.
The certificates will mature March 1, 2015 through March 1, 2040. Interest is payable
semiannually in March and September beginning September 1,2011. The Bank of New York
Trust Company, N.A., Dallas, Texas, will serve as paying agent/registrar.
Delivery and receipt of proceeds by the City are scheduled for January 11,2011. Proceeds
will be used to provide funds for various street,drainage and general improvement projects.
Page 3 of 18 Minutes-January 7,2010
All debt shall be incurred in the Debt Service Fund which is supported by property taxes.The
current debt service property tax rate is$.200615/$100 assessed valuation. It is anticipated
that the debt service property tax rate will remain the same for Fiscal Year 2012.
Councilmember Coleman made a motion to ADOPTAN ORDINANCE AUTHORIZING THE ISSUANCE
AND SALE OF $35,000,00 OF THE CITY OF BEAUMONT, TEXAS CERTIFICATES OF OBLIGATION ,
SERIES 2011; LEVYING TAXES TO PROVIDE FOR PAYMENT THEREOF; AND CONTAINING OTHER
MATTERS RELATED THERETO. Councilmember Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 096
2. Consider authorizing the issuance and sale of up to $17,700,000 General Obligation
Refunding Bonds,Series 2011; levying taxes to provide for payment thereof;and containing
other matters related thereto.
Administration recommended approval.
Results of the sale will be presented by the City's Financial Advisor, Ryan O'Hara of RBC
Capital Markets. A recommendation will be made to award the bonds to the underwriters.
The refunding bonds will mature March 1, 2019 through March 1, 2025. Interest is payable
semiannually in March and September beginning September 1,2011. The Bank of New York
Trust Company, N.A., Dallas, Texas, will serve as paying agent/registrar.
Delivery and receipt of proceeds by the City are scheduled for January 11, 2011. Proceeds
will be used to refund Series 2001, 2003, and 2006 Certificates of Obligations.
All debt shall be incurred in the Debt Service Fund which is supported by property taxes.The
current debt service property tax rate is$.200615/$100 of assessed valuation. The refunding
bonds will allow the debt service property tax rate to remain constant in Fiscal Year 2012.
Councilmember Samuel made a motion to ADOPTAN ORDINANCE AUTHORIZING THE ISSUANCE
OF THE CITY OF BEAUMONT, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2011;
LEVYING TAXES TO PROVIDE FOR PAYMENT THEREOF; AUTHORIZING THE CALL AND REFUNDING
OF CERTAIN BONDS AND OBLIGATIONS AND THE EXECUTION AND DELIVERY OF AN ESCROW
AGREEMENT AND THE SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES;
AND CONTAINING OTHER MATTERS RELATED THERETO. Councilmember Wright seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, SAMUEL AND SMITH
Page 4 of 18 Minutes-January 7,2010
NAYS: NONE
MOTION PASSED
Ordinance 10 - 097
Councilmember Samuel left the meeting at 2:16 p.m.
3. Consider approving a resolution to provide for the reimbursement of costs incurred prior to
issuance of Certificates of Obligation or other tax exempt obligations.
Administration recommended approval.
A maximum of$36 Million in Certificates of Obligation will be issued in December 2010 to
fund public works and general improvement projects that have been previously approved by
Council and are listed in the 2011 Capital Program. A resolution allowing for the
reimbursement of costs is routine and will allow the City to continue projects that are currently
underway. It is the intent of the City to reimburse itself out of proceeds of the obligations for
all such costs which are paid prior to issuance. These costs shall include fees paid for
engineering and other professional services, expenditures for materials, and construction
costs.
All debt and related expenses shall be incurred by the Debt Service Fund which is supported
by property taxes.
Councilmember Coleman made a motion to APPROVE A RESOLUTION CONCERNING
CERTIFICATES OF OBLIGATION, SERIES 2011, AND OFFICIAL INTENT TO USE PROCEEDS
THEREFROM TO REIMBURSE THE CITY FOR ORIGINAL EXPENDITURES PAID PRIOR TO THE ISSUE
DATE OF SUCH CERTIFICATES ON PROJECTS TO BE FINANCED THEREBY. Councilmember Beaulieu
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU,WRIGHT AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 10 - 310
Councilmember Samuel returned to the meeting at 2:18 p.m.
4. Consider amending the FY 2011 Budget to appropriate $625,000 in the Water Fund to be
transferred to the Capital Program - Water and Sewer Projects.
Administration recommended that Council amend the FY 2011 Budget to appropriate
$625,000 in the Water Fund to be transferred to the Capital Program - Water and Sewer
Projects.
Page 5 of 18 Minutes-January 7,2010
The Water Fund ended FY 2010 with excess revenues over expenditures of $1,900,000
resulting in an estimated ending fund balance just short of $10 Million or 28% of total
expenditures, which amounts to a very healthy fund balance.
The Water Utilities Department would like to utilize some of the excess cash for the 60"Trunk
Line Rehabilitation project in the 2011 Capital Program. The 60"trunk line that extends 9,000
linear feet from the Wastewater Treatment Plant to Washington Boulevard is over fifty (50)
years old and has exceeded its life expectancy. The rehabilitation of this line will reduce
infiltration of storm water into the sewer system, and decrease the number of sanitary sewer
overflows. The estimated cost of the total project is$3,200,000. Phase 1 or 1,100 linear feet
of the project from the Wastewater Treatment Plant to the drainage ditch has been completed.
The requested appropriation is to complete an estimated 1,600 linear feet of the project.
The Water Fund had excess revenues over expenditures in FY 2010 of$1,900,000, resulting
in a very healthy fund balance. Sufficient reserves will remain for unforeseen emergencies that
may arise.
Councilmember Wright made a motion to ADOPTAN ORDINANCE AMENDING THE FISCAL BUDGET
OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2011 TO APPROPRIATE $625,000.00 IN THE
WATER IMPROVEMENT FUND FOR THE 60" TRUNK LINE REHABILITATION PROJECT IN THE 2011
CAPITAL PROGRAM; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL.
Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 098
5. Consider approving a contract with Legacy Community Development Corporation for
acquisition and rehabilitation of nine properties and for related operating expenses.
Administration recommended approval.
The City of Beaumont receives an annual allocation of HOME Investments Partnerships funds
from the U. S. Department of Housing and Urban Development (HUD) and has previously
awarded contracts for acquisition or construction of housing to be leased and sold to eligible
low/moderate income families.
Upon execution of a contract, Legacy CDC will identify six (6) properties currently on the
market and submit them for the Administration's review process which includes satisfying the
program's lot specifications,environmental review,and code compliance. One(1)of these six
(6) homes will be a lease/purchase property, leased to an eligible low-to-moderate income
family for a period not to exceed thirty-six (36) months and then sold to the lessee. The
remaining five(5)properties will be acquired, rehabilitated and then sold. Proceeds from the
Page 6 of 18 Minutes-January 7,2010
sale of these five(5)properties will then be used to purchase an additional three(3)homes for
rehabilitation and sale. Any and all income received by Legacy for leased and sold properties
must be used toward the organization's affordable housing activities. In order to carry out
these activities, operating funds in the amount of$40,000 will be utilized for administrative
expenses. Housing Division staff will be responsible for monitoring Legacy for HOME
Program compliance.
Funding is available from the 2009 and 2010 HOME Program.
Mayor Pro Tern Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH LEGACY COMMUNITY
DEVELOPMENT CORPORATION (CDC), FOR ACQUISITION AND REHABILITATION OF NINE (9)
PROPERTIES AND FOR RELATED OPERATING EXPENSES. Councilmember Samuel seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU,WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 10 - 311
Councilmember Beaulieu asked the Mayor if she could get clarification from City Attorney Tyrone
Cooper regarding the comments from the floor in regards to her participation on item #6.
Mr.Cooper stated that as he heard the comments from the floor that Councilmember Beaulieu recuse
herself for reasons of conflict of interest, as he understands Councilmember Beaulieu has a son that
is a police officer. Mr. Cooper stated that as he read the conflict of interest statues he does not see
that there is a legal conflict with her participating in the discussion and vote as to the police advisory
committee which is proposed by item#6. Mr.Cooper stated that he recognizes that Councilmember
Beaulieu has a son who is an officer and while some may see this as an appearance of impropriety
it is not an illegal conflict of interest, of course as he has indicated to all of Council previously the
decision is their's to recuse themselves or not in these types of decisions.
Councilmember Beaulieu thanked Mr.Cooper for the clarification,she then asked if there was anyone
on Council that would like to voice there concerns about her discussing and voting on this item. With
there being none Council proceeded with Item #6.
6. Consider adopting an ordinance establishing a Community Advisory Committee for the Police
Department.
Administration recommended approval.
Community Advisory Committees are used in many cities across the country, and are
represented by a broad cross-section of the population. They are usually advisory in nature
and are comprised of volunteers appointed by the governing body.
Page 7 of 18 Minutes-January 7,2010
The Police Department has proposed the creation of a committee of 15 citizens, who would
assistthe Departmentwith enhancing citizen understanding,communication,and cooperation
between the Department and the community. The Mayor would appoint three members and
each Councilperson would appoint two members. The committee would assist the Department
in understanding complex police/community issues; help develop an active crime prevention
partnership; promote cooperative programs to resolve both crime problems and community
issues; receive information concerning Department operations; act as a liaison with the
community on police matters;and participate in meaningful dialogue with the Department. This
committee would be advisory in nature, and would meet monthly at the direction of the Chief
of Police.
The Police Department believes that the creation of this committee will greatly enhance the
relationship between the Department and the community through mutual understanding.
Councilmember Coleman made a motion to ADOPT AN ORDINANCE AMENDING CHAPTER 2 OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING A NEW SECTION 2-55
PROVIDING FOR A POLICE DEPARTMENT COMMUNITY ADVISORY COMMITTEE; PROVIDING FOR
SEVERABILITY;AND PROVIDING FORA REPEAL. Councilmember Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU, SAMUEL AND SMITH
NAYS: COUNCILMEMBER WRIGHT
MOTION PASSED
Ordinance 10 - 099
Councilmember Smith asked that a public hearing be done as soon as possible with an evening
meeting.
7. Consider a one-year renewal contract with Carolyn C.Chaney&Associates, Inc.to act as the
City of Beaumont's Washington Assistant.
Administration recommended approval of a one-year renewal contract with Carolyn C.Chaney
&Associates, Inc. in the amount of$61,488.00. The contract will also include a maximum of
$4,000 for reimbursable expenses.
On a yearly basis since 1980, the City has contracted with an organization to provide
legislative services on the federal level. Ms. Chaney, as the City Washington Assistant, is
responsible for reviewing federal executive proposals, legislation under consideration and
proposed and adopted administrative rules and regulations which could impact the City of
Beaumont's policies or programs.
Funds are budgeted for this expenditure in the FY2011 Budget.
Page 8 of 18 Minutes-January 7,2010
Councilmember Samuel made a motion to APPROVE RESOLUTION THATTHE CITY MANAGER BE,
AND HE IS HEREBY,AUTHORIZED TO EXECUTE A ONE-YEAR RENEWAL CONTRACT IN THE AMOUNT
OF $61,488, WITH AN ADDITIONAL MAXIMUM OF $4,000 FOR REIMBURSABLE EXPENSE, WITH
CAROLYN C. CHANEY&ASSOCIATES, INC., TO ACT AS THE CITY OF BEAUMONT'S WASHINGTON
ASSISTANT. Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU,WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 10 - 312
8. Consider a request for a zone change from RCR(Residential Conservation and Revitalization)
District to LI (Light Industrial) District on the south side of Hollywood and approximately 890'
east of Canal Street.
Administration recommended approval of a zone change from RCR District to LI District on
the south side of Hollywood and approximately 890' east of Canal Street.
Gable Henry, representing Beaumont Iron and Metal Corporation has requested a zone
change.
In June, 2001, City Council approved a number of zoning changes as part of the Hollywood
Area Zoning Study. The reason for this study was to assist in the revitalization of the Hollywood
Avenue area and to make the zoning reflect existing land uses. Before then, most of the
property was zoned HI (Heavy Industrial).
The property immediately to the west of the subject property is zoned Ll. It is owned by
Beaumont Iron and Metal. They use that property for the storage of containers and trailers and
employee parking. It is their intent to use the subject property for the same purpose. Mr. Henry
states that no scrap processing or storage will be done on the subject property.
At a Joint Public Hearing held November 15, 2010, the Planning Commission voted 6:0 to
approve a zone change from RCR District to LI District on the south side of Hollywood and
approximately 890' east of Canal Street.
Mayor Pro Tern Pate made a motion to ADOPT 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 RCR (RESIDENTIAL CONSERVATION AND
REVITALIZATION) DISTRICT TO LI(LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED ON THE
SOUTH SIDE OF HOLLYWOOD AND APPROXIMATELY 890' EAST OF CANAL STREET, BEAUMONT,
JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY. Councilmember Coleman seconded the motion.
Page 9 of 18 Minutes-January 7,2010
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU,WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 100
9. Consider a request for a zone change from GC-MD/HC(General Commercial-Multiple Family
Dwelling/Historic -Cultural Landmark Preservation Overlay) District to GC-MD (General
Commercial-Multiple Family Dwelling) District for property at 2678 Liberty and the lot
immediately west of 2678 Liberty.
Administration recommended approval of a zone change from GC-MD/HC (General
Commercial-Multiple Family Dwelling/Historic -Cultural Landmark Preservation Overlay)
District to GC-MD(General Commercial-Multiple Family Dwelling)District for property at 2678
Liberty and the lot immediately west of 2678 Liberty.
Kevin Herrington for Altus Beaumont Realty, LP has requested a zone change.
Altus Healthcare Management Services has plans to expand its existing facility at 390 N. 11 cn
Altus will be adding a new cancer center. The two lots will be used for building and parking
expansion.
The Historic District regulations,Sec.30-21.2 require that off-street parking be set back along
street frontages not less than the required yard setbacks or as far back as the front of
immediately adjacent buildings, whichever is greater. The house to the east appears to be
approximately 30 feet from the front property line. Therefore,the parking lot would have to be
setback at least 30 feet. Mr. Herrington says that setback would require the loss of
approximately six parking spaces.
At the meeting of November 8,2010,the Historic Landmark Commission approved the moving
of the house at 2678 Liberty and the removal of the two lots out of the Oaks Historic District.
At a Joint Public Hearing held November 15, 2010, the Planning Commission voted 6:0 to
approve a zone change from GC-MD/HC (General Commercial-Multiple Family
Dwelling/Historic-Cultural Landmark Preservation Overlay) District to GC-MD (General
Commercial-Multiple Family Dwelling) District for property at 2678 Liberty and the lot
immediately west of 2678 Liberty.
Councilmember Wright made a motion 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 PROPERTY
PRESENTLY ZONED GC-MD/HC (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING/HISTORIC-
CULTURAL LANDMARK PRESERVATION OVERLAY) DISTRICT TO GC-MD (GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 2678 LIBERTY,BEAUMONT,
Page 10 of 18 Minutes-January 7,2010
JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEAL AND
PROVIDING A PENALTY. Mayor Pro Tern Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 101
10. Consider a request for a zone change from RCR-H/HC (Residential Conservation and
Revitalization-H/Historic-Cultural Landmark Preservation Overlay) District to GC-MD/HC
(General Commercial-Multiple Family Dwelling/Historic-Cultural Landmark Preservation
Overlay) District for the property at 2611 Laurel.
Administration recommended approval of a zone change from RCR-H/HC (Residential
Conservation and Revitalization-H/Historic-Cultural Landmark Preservation Overlay)District
to GC-MD/HC (General Commercial-Multiple Family Dwelling/Historic-Cultural Landmark
Preservation Overlay) District for the property at 2611 Laurel.
The City of Beaumont Planning Division has requested a zone change.
In 1989,the City of Beaumont Planning Division performed a zoning study for a portion of the
Old Town area. The proposed zoning followed lot lines. The subject property,which consists
of the West 23 1/2' of Lot 2 and the East 26 1/2' of Lot 3, Block 1, Palm Place Addition, was
divided by GC-MD and RCR zoning. The zoning boundaries basically cut the building on the
property in half.
Cliff Huebel owns and operates East Texas Counseling Services, LLC at 2611 Laurel. When
the zoning issue was brought to the City's attention, staff initiated the zone change request.
At a Joint Public Hearing held November 15, 2010, the Planning Commission voted 6:0 to
approve a zone change from RCR-H/HC (Residential Conservation and Revitalization-
H/Historic-Cultural Landmark Preservation Overlay) District to GC-MD/HC (General
Commercial-Multiple Family Dwelling/Historic-Cultural Landmark Preservation Overlay)District
for the property at 2611 Laurel.
COuncilmember Beaulieu made a motion 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 RCR-H/HC (RESIDENTIAL
CONSERVATION AND REVITALIZATION-H/HISTORIC-CULTURAL LANDMARK PRESERVATION OVERLAY)
DISTRICT TO GC-MD/HC(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING/HISTORIC-CULTURAL
LANDMARK PRESERVATION OVERLAY) DISTRICT FOR PROPERTY LOCATED AT 2611 LAUREL,
Page 11 of 18 Minutes-January 7,2010
LAUREL,BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR
REPEAL AND PROVIDING A PENALTY. Councilmember Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU,WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 102
11. Consider a request for a specific use permit to allow a law office in an RCR-H/HC(Residential
Conservation and Revitalization-H/Historic-Cultural Landmark Preservation Overlay)District
at 1792 Broadway.
Administration recommended approval of a specific use permit to allow a law office in an
RCR-H/HC (Residential Conservation and Revitalization-H/Historic-Cultural Landmark
Preservation Overlay) District at 1792 Broadway.
Jason Payne for The Payne Firm, P.C. has requested a specific use permit.
Mr. Payne states that his law firm is a civil litigation firm that practices personal injury,wrongful
death and corporate cases. The office hours for the law firm will be from 8:00 a.m. to 5:00
p.m., Monday through Friday. At the outset, the Payne Firm will have approximately two
employees working in the Beaumont office. In the long term, Mr. Payne anticipates having four
to six employees working at this location.
The Planning Manager recognizes the desire of the neighborhood to keep the area as
residential as possible, there are a number of factors that affect the City's recommendation.
The property is surrounded on two sides by commercial/industrial uses and zoning. To the
north is an event center and an ambulance service in GC-MD zoning. To the east is an
industrial use located in RCR-H and HI zoning. Except for the subject property,the entire block
is either commercial or industrial.
Secondly,the structure contains over 4,800 sq.ft.of floor space. Such a large house, located
where it is,will be difficult to market to a family. The house has been on the market for over a
year. A professional office will be compatible with the neighborhood and will occupy a structure
that might otherwise be susceptible to vandalism if left vacant.
At a Joint Public Hearing held November 15, 2010, the Planning Commission voted 4:2 to
approve a specific use permit to allow a law office in an RCR-H/HC(Residential Conservation
and Revitalization-H/Historic-Cultural Landmark Preservation Overlay) District at 1792
Broadway subject to the following conditions:
A) The applicant shall provide a parking lot with 16 parking spaces plus 1 ADA parking
space for a total of 17 spaces.
Page 12 of 18 Minutes-January 7,2010
B) The parking lot shall be paved with a pervious parking surface material capable of
accommodating vehicles up to five thousand (5,000) pounds of gross vehicle weight
and that allow the growth of lawn.
C) Ingress/egress to the parking lot shall be off of the alley at the rear of the property.
D) Two foot tall shrubs shall be planted along the south end of the parking lot.
E) Monument signage only allowed.
F) No exterior changes to the main structure.
Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A LAW OFFICE IN A RCR-H/HC (RESIDENTIAL
CONSERVATION AND REVITALIZATION-H/HISTORIC-CULTURAL LANDMARK PRESERVATION OVERLAY)
DISTRICT LOCATED AT 1792 BROADWAY IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS.
Councilmember Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 103
12. Consider a request fora specific use permit to allow a self-storage warehouse facility in a GC-
MD (General Commercial-Multiple Family Dwelling) District at 75 N. Major.
Administration recommended approval of a specific use permit.
Sam Parigi for JSJ, Joint Venture has requested a specific use permit.
The self-storage facility will be located in a vacant building that once was occupied by an HEB
Pantry store. HEB vacated the building when it built its new store on Dowlen Road. In 2008,
City Council approved a specific use permit to allow a production facility for a cosmetic
company. That specific use permit has since expired.
At a Joint Public Hearing held November 15, 2010, the Planning Commission voted 6:0 to
approve a specific use permit to allow a self-storage warehouse facility in a GC-MD District
at 75 N. Major subject to the following conditions:
A) An exclusive 10'wide waterline easement will need to be obtained for the waterline with
the fire hydrant if one has not already been recorded.
B) The existing sprinkler line will need to be separated from the dead-end fire hydrant line.
Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING SPECIFIC USE PERMIT TO ALLOW A SELF-STORAGE WAREHOUSE FACILITY IN A GC-MD.
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT LOCATED AT 75 N.MAJOR IN THE
CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Pate seconded the motion.
Page 13 of 18 Minutes-January 7,2010
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU,WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 104
13. Consider a request for an amended specific use permit to allow a fluid power distributor in a
GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2220 Calder.
Administration recommended approval of an amended specific use permit.
Controlled Fluids, Inc. has requested an amended specific use permit.
In October, 2002, Controlled Fluids, Inc. received a specific use permit to allow a fluid power
distributor at 2220 Calder. That approval was based on three conditions. One of those
conditions required that the two most easterly rear driveways be closed and that the most
westerly driveway be open to limited vehicular access.
In February, 2010, the Planning Manager responded to a phone call from Dixon Conn,
President of Controlled Fluids. Mr.Conn stated that he had fenced his property, removed the
barriers from the driveways and put gates at these driveways. The Planning Manager told Mr.
Conn that while the Calder reconstruction was in front of his business, he would be allowed to
use the rear driveways. However,once the construction was complete, he would be required
to either close the easterly driveway or ask for an amended specific use permit.
In this requested amendment to the specific use permit, Mr.Conn asks that the center driveway
remain closed and that limited vehicular access be allowed to the most easterly and westerly
driveways along McFaddin.
At a Joint Public Hearing held November 15, 2010, the Planning Commission voted 6:0 to
approve an amended specific use permit to allow a fluid power distributor in a GC-MD-2
District at 2220 Calder, subject to the following condition:
A) The center driveway shall remain closed and limited access shall be allowed to the
most easterly and westerly driveways along McFaddin.
Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
ISSUING AN AMENDED SPECIFIC USE PERMIT TO CONTROLLED FLUIDS TO ALLOW A FLUID POWER
DISTRIBUTOR IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT
2220 CALDER. Mayor Pro Tern Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, SAMUEL AND SMITH
NAYS: NONE
Page 14 of 18 Minutes-January 7,2010
MOTION PASSED
Ordinance 10 - 105
MayorAmes announced that effective immediately Council will be accepting Resumes'or Letters of
Interest for the Ward II seat. The Resume'and Letters will submitted to the City Clerk, the deadline
will be January 6, 2011. The names of those interested will be posted on January 7, 2011 and
received by Council to be discussed on January 11, 2011. Interested parties should note that they
must live in Ward II to fill the position and meet all qualifications of a Councilmember. Please be
mindful that no formal action will take place to fill the position until the vacancy occurs.
COUNCILMEMBER COMMENTS
COUNCILMEMBER COLEMAN - HOPED EVERYONE HAD A WONDERFUL THANKSGIVING AND
SPENT TIME WITH THEIR FAMILIES, CONGRATULATED THE
SOCCER TEAMS THAT PLAYED THIS WEEKEND,
CONGRATULATED COUNCILMEMBER BEAULIEU ON HER
VICTORY ONCE AGAIN
COUNCILMEMBER BEAULIEU - THANKED COUNCIL FOR THEIR PATIENCE DURING THE
ELECTION CYCLE WHEN SHE WAS SOMEWHAT DISTRACTED
AT TIMES, THANKED COUNCIL FOR THE OPPORTUNITY TO
WORK WITH A CLASSY GROUP OF PEOPLE, LEARNED A LOT
FROM ALL OF THEM, STATED SHE LOVES EVERYONE AND
WILL BE AVAILABLE IF THEY NEED HER FOR ANYTHING IN THE
FUTURE
COUNCILMEMBER WRIGHT- COMMENTED ON THE CHRISTMAS PARADE, THE TREE
DECORATING CONTEST THAT WAS HELD ON SATURDAY,
ALSO MS. CALLIE GREEN, IS CELEBRATING HER 100TH
BIRTHDAY
MAYOR PRO TEM PATE- THANKED STAFF FOR PUTTING THE PARADE AND ALL OF THE
ACTIVITIES TOGETHER, COMPLIMENTED COUNCILMEMBER
SAMUEL WHO HAS RECENTLY COMPLETED ONE YEAR OF
BEING THE NBC-LEO PRESIDENT AND REPRESENTING THE
CITY, HAD AN OPPORTUNITY TO WELCOME HOME THE 373RD
COMBAT SUPPORT SUSTAINMENT UNIT FROM IRAQ ALONG
WITH CONGRESSMAN TED POE
COUNCILMEMBER SAMUEL- THANKED COUNCILMEMBER PATE FOR HIS KIND WORDS,
STATED THAT SERVING AS THE PRESIDENT OF NBC-LEO
HAS BEEN ONE OF THE MOST REWARDING TIMES OF HIS LIFE,
THANKED THE CITIZENS OF BEAUMONT FOR ALLOWING HIM
TO HAVE THAT OPPORTUNITY, ALSO INFORMED COUNCIL
Page 15 of 18 Minutes-January 7,2010
THAT THE NBC-LEO SUMMER CONFERENCE WILL BE HELD
HERE IN BEAUMONT ON NEXT YEAR, ALSO ANNOUNCED
ANOTHER PROGRAM THAT HAS BEEN IMPLEMENTED, THE
SERVICE LINE WARRANTY PROGRAM,THIS PROGRAM WILL
ALLOW CITIZENS THAT HAVE PROBLEMS WITH LEAKS IN
THEIR LINES THAT IS NOT THE RESPONSIBILITY OF THE CITY
AN OPPORTUNITY TO DEFER SOME OF THE COST THROUGH
THIS PROGRAM, ALSO CONGRATULATED COUNCILMEMBER
SMITH FOR BEING REAPPOINTED TO THE BOARD OF
DIRECTORS FOR NBC-LEO
COUNCILMEMBER SMITH - CONGRATULATED COUNCILMEMBER SAMUEL ON A JOB
WELL DONE AS THE PRESIDENT OF NBC-LEO,APPLAUDED
THE CITY MANAGER AND STAFF FOR A JOB WELL DONE FOR
THE WORK THEY HAVE DONE ON THE BUDGET AND THE
PROACTIVE APPROACH THEY HAVE TAKEN,THERE ARE A LOT
OF CITIES THAT ARE HURTING AND SEEING SHORT FALLS IN
THEIR BUDGETS
CITY ATTORNEY COOPER- NONE
CITY MANAGER HAYES - NONE
MAYOR AMES- THANKED COUNCILMEMBER SAMUEL FOR ALL OF HIS HARD
WORK AND FOR BRINGING THE NBC-LEO CONFERENCE ON
NEXT SUMMER,COMMENTED ON THE CHRISTMAS AND BOAT
PARADE THAT OCCURRED OVER THE WEEKEND,COMMENDED
CLAUDIE HAWKINS AND HER STAFF FOR ALL OF THEIR HARD
WORK ON THE CHRISTMAS FESTIVITIES
Public Comments (Persons are limited to three minutes)
Sharon Bob 1545 Milam Beaumont TX
Spoke in regards to several vacant lots located on the corner of Milam and Avenue C,across
from Fletcher Park,that are being inundated with transients living on the lots,the transients are
urinating, drinking, doing drugs and have prostitutes hanging out, she asked for help to clear
these lots so that the kids can play and enjoy their fun time
Charlie Crabbe 928 East Drive Beaumont TX
Had complaints regarding afire at his property on November 20,2010, located at 707 Goliad,
the fire unit arrived at 9:23 p.m.,and tended to the fire,at approximately 2:45p.m.a second call
was place with the fire department by a neighbor,the fire had rekindled,his complaint was that
Page 16 of 18 Minutes-January 7,2010
the fire was not adequately put out as it should have been, asked why he as a citizen has not
received the service he pays for
Michael Drury 6835 Marshall Place Beaumont TX
Commented on the Executive Session Agenda in regards to vacation carryover grievance of
James Williams, stated that may be a misprint, that James Williams is on Workers
Compensation and has not filed a grievance he is simply requesting that his vacation be
carried over to the next year,which has to be approved by a governing body,also glad to hear
Councilmember Samuel recommend that the Police and the Fire Department be more of a
representative of the population of the City, one of the ways to fix that in the Fire Department
would be to change the hiring standard to where the civil service exam would be open to non-
certified fire fighters which would be students fresh out of high school, let the City pay for the
fire academy like they used to do for those interested that may not be able to afford the
certification on their own
Bruce Hoffer 2535 North Street Beaumont TX
Stated that the City hosted a Girls State Tournament called the Eastern District Tournament
this past weekend, there were over thirty teams that participated in the tournament, online
registration has started forthe Spring season soccer,the youth will startApril 2,2011,and for
the adults they will start in mid March for 10 weeks in the Spring,construction has begun on the
indoor soccer complex
Paul Jones 10033 Brooks Rd. Beaumont TX
Stated that the review board that was discussed earlier can be solved if everyone works hard
to get the Police Department to look more like the community, maybe the Ministerial Alliance
is not the right group if they are not moving, there are groups out there that are eager to help
Open session of meeting recessed at 3:52 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
The City of Beaumont,Texas v. Beaumont Professional Firefighters Local 399
and James Landrum
Robert F. Ramsey, Sr. v. City of Beaumont
Erik Kvarme, et al vs. The City of Beaumont, et al
Vacation Carryover Grievance of James Williams
Claim of Tommy Nelson
Claim of Tyesha Hope
Page 17 of 18 Minutes-January 7,2010
Consider matters related to employment,evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code:
Postponed
Chief Magistrate - Craig Lively
City Clerk - Tina Broussard
There being no action taken in Executive Session, Council adjourned.
udio availabip upon req est in the City Clerk's Office.
Becky A s, Mayor
oil
Tina Broussard, City Clerk
Page 18 of 18 Minutes-January 7,2010