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Home My WebLink AboutMIN MAY 03 2011 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 Ward II Audwin Samuel,Ward III May 3, 2011 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 May 3, 2011, 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 Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Peter Hutchinson with Freeway Baptist 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, Wright, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "50th Anniversary of Freeway Baptist Church" - Proclamation read by Councilmember Samuel; accepted by Pastor Peter Hutchinson "Elder Abuse Prevention Month" - May, 2011 - Proclamation read by Councilmember Wright; accepted by Mary Flores with Texas Department of Protective Services "Bike Month" -May, 2011 —Proclamation read by Councilmember Coleman; accepted by Ryan Slott, Director of the Parks and Recreation Division "Beaumont Yacht Club Day" — May 7, 2011 — Proclamation read by Mayor Pro Tern Pate; accepted by Mike LaBrie and Lloyd Dawson "Presented Tracy Byrd with the Doctor Raul Ornelas Lifetime Music Achievement Award — Proclamation ready by Mayor Ames; accepted by Tracy Byrd Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Minutes—May 3,2011 Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda. None CONSENT AGENDA Approval of minutes - April 19, 2011 Confirmation of committee appointments - Resolution 11 - 137 Christina Howard would be appointed as Chairman of the Library Commission. The term would commence May 3, 2011 and expire May 2, 2012. (Mayor Becky Ames) Sina Nejad-Engineer would be reappointed to the Construction Board of Appeals (Building). The current term would expire January 24, 2013. (Mayor Becky Ames) Molly J. Dahm, PhD would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 23, 2012. (Councilmember Audwin M. Samuel) A) Approve Change Order No. 2 for the Event Center Project— Resolution 11 - 138 B) Amend Resolution No. 11-125 to include CenterPoint Energy Resources Corp. as a party to the Hearing in the matter of Munro Uniform Services, LLC — Resolution 11 - 139 C) Approve an application for, and acceptance of, new funding for the Southeast Texas Auto Theft Task Force — Resolution 11 - 140 D) Authorize the City Manager to increase the Frint Road Lift Station Rehabilitation Project amount— Resolution 11 - 141 E) Amend Resolution 11-103, a resolution of preliminary support of the proposed AzurePoint, a proposed Low Income Housing Tax Credit project— Resolution 11 - 142 F) Authorize the acceptance of a five foot (5') wide Exclusive Water Meter Easement— Resolution 11 - 143 Mayor Pro Tern Pate made a motion to approve the Consent Agenda. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Minutes—May 3,2011 I GENERAL BUSINESS 1. Consider a request for a zone change from LI (Light Industrial) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 2623 Hoover. Administration recommended approval of a zone change from LI (Light Industrial) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 2623 Hoover. Arturo Rabago, representing Spanish United Pentecostal Church, has requested a zone change. The church has plans to expand its existing facility with a 4,000 sq. ft. building and additional parking. Since the property is zoned LI, a specific use permit is required for any expansion. Because the church has additional room for growth, it is wishing to rezone the property to GC-MD so that there will be no need for a specific use permit. The neighborhood is a mix of land uses and zoning. Residential and vacant land zoned RS is to the north of the subject property. To the east is industrial and vacant property zoned LI and HI. To the west is a mix of railroad tracks, commercial, residential and vacant uses zoned GC-MD and RS. To the south are railroad tracks and vacant properties zoned LI. The Planning Manager feels that the zone change is reasonable because the church's plans for expansion would be an asset to the community and would not negatively affect the surrounding neighborhood if no specific use permit was required. At a Joint Public Hearing held April 18, 2011, the Planning Commission voted 7:0 to approve a zone change from LI (Light Industrial) District to GC-MD (General Commercial- Multiple Family Dwelling) District at 2623 Hoover. Councilmember Wright made a motion 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 LI (LIGHT INDUSTRIAL) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MUTLIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2623 HOOVER STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tern seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 — 033 Minutes—May 3,2011 2. Consider a request for a specific use permit to allow a columbarium in an RS (Residential Single Family Dwelling) District at 3430 Harrison. Administration recommended approval of a specific use permit to allow a columbarium in an RS (Residential Single Family Dwelling) District at 3430 Harrison. Trinity Methodist Church has requested a specific use permit. The columbarium will be located at the northwest corner of Harrison and Longfellow. The facility will consist of two structures, landscaped areas and sidewalks surrounding the site. The walls of the columbarium will provide niches to be used for the deposit of cinerary urns of the deceased. At a Joint Public Hearing held April 18, 2011, the Planning Commission voted 6:0:1 to approve a specific use permit to allow a columbarium in an RS (Residential Single Family Dwelling) District at 3430 Harrison. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COLUMBARIUM IN A RS (RESIDENTIAL SINGLE- FAMILY DWELLING)DISTRICT AT 3430 HARRISON STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 — 034 3. Consider a request for an amended specific use permit to add an elementary school to an existing middle/high school in an RS (Residential Single Family Dwelling) District at 8200 Highway 105 Administration recommended approval of an amended specific use permit to add an elementary school to an existing middle/high school in an RS (Residential Single Family Dwelling) District at 8200 Highway 105. Southeast Educational Foundation Trust dba Legacy Christian Academy has requested an amended specific use permit. In the late 1990's, Cathedral in the Pines Church opened Cathedral Christian High School on the subject property. In 2007, an independent 501(C)(3) entity, Southeast Educational Foundation Trust, acquired the property and began Legacy Christian Academy. Recently in February, 2011, Cathedral in the Pines announced that it would discontinue their school programming in May, 2011. The Legacy Christian Board therefore voted to expand its school program from the current 6 through 12th grade by adding pre-school through 5th grade classes. Minutes—May 3,2011 Therefore, it is the desire of Legacy Christian Academy to add five double classrooms incorporating 17,920 sq. ft., a 10,400 sq. ft. gymnasium and restrooms. The buildings will be placed between an existing gym and the football stadium. The new buildings are located more than 700'from either the east or west property lines so they will not negatively affect the residential neighborhoods to the east or west. At a Joint Public Hearing held April 18, 2011, the Planning Commission voted 7:0 to approve an amended specific use permit to add an elementary school to an existing middle/high school in an RS (Residential Single Family Dwelling) District at 8200 Highway 105. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A AMENDED SPECIFIC USE PERMIT TO ALL AN ELEMENTARY SCHOOL TO AN EXISTING MIDDLE/HIGH SCHOOL IN A RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT AT 8200 HIGHWAY 105. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 - 035 4. Consider a request for an amended specific use permit to allow the expansion of a funeral home in a GC-MD (General Commercial-Multiple Dwelling) District at 3522 Washington. Administration recommended approval of an amended specific use permit to allow the expansion of a funeral home in a GC-MD (General Commercial-Multiple Dwelling) District at 3522 Washington. Reverend Walter and Lashon Proctor have requested an amended specific use permit. In November, 1999, City Council approved a specific use permit to allow a mortuary on the subject property. In September, 2009, City Council approved an amended specific use permit to allow for an expansion. That expansion was never built. Proctor Mortuary would now like add an additional 1,560 sq. ft. of mortuary space and approximately 3,520 sq. ft. of garage space. In addition, the original parking layout and traffic circulation pattern will be reconfigured. At a Joint Public Hearing held April 18, 2011, the Planning Commission voted 7:0 to approve an amended specific use permit to allow the expansion of a funeral home in a GC- MD (General Commercial-Multiple Dwelling) District at 3522 Washington, subject to the following conditions: • Sidewalks will be constructed along Washington. • The parking lot frontages along Washington shall be required to have a six foot wide landscape strip. Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A FUNERAL HOME IN A GC-MD(GENERAL COMMERCIAL—MULTIPLE DWELLING)DISTRICT AT 3522 WASHINGTON STREET WITH THE EXCEPTION OF THE SIDEWALKS BEING CONSTRUCTED ALONG WASHINGTON STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 - 036 PUBLIC HEARING * Receive comments on the proposed 2011 Action Plan and Budget for the 2011 HUD Consolidated Grant Program as well as the proposed allocations for the Public Services, Public Facilities and Improvements and Emergency Shelter set-aside line items Open — 2:14 p.m. None Close — 2:14 p.m. 5. Consider approving the 2011 Action Plan and Budget for the 2011 HUD Consolidated Grant Program. Administration recommended approval. As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings in previous years prior to adopting the City's Annual Action Plan of the Consolidated Grant Program. Community Development Staff, along with other City of Beaumont staff and the Community Development Advisory Committee (CDAC), hosted four (4) Public Hearings in order to receive public comments on the process and activities related to the Preliminary 2011 Annual Action Plan. On March 29, 2011, a Public Hearing was held to consider and take comments on the proposed budget. Following this, the City Council approved the Preliminary Budget of the 2011 Action Plan. At their April 5, 2011 meeting, Council received public input on the Public Service and Public Facilities applications. Minutes—May 3,2011 It should be noted that the proposed final budget reflects reductions of approximately 15% in CDBG funding and 11% in HOME program funding from the last program year. These reductions were the result of the April 8, 2011 budget compromise in Washington. The Administration supports the recommendations of the Community Development Advisory Committee. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY ADOPTS THE HUD CONSOLIDATED GRANT PROGRAM'S 2011 ACTION PLAN AS AMENDED,AS WELL AS THE BUDGET OF THE ACTION PLAN IN THE AMOUNT OF $2,519,585. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 144 WORKSESSION * Review and discuss the purchase of properties adjacent to the Municipal Airport that are within the Runway Protection Zone Brenda Beadle, Capital Projects Manager discussed the purchase of properties adjacent to the Municipal Airport that are within the Runway Protection Zone. There are several real estate acquisitions and property that the City of Beaumont is interested in purchasing that's located on Old Sour Lake Road North of the Beaumont Municipal Airport, this property is South of Sour Lake Road and North of the Airport. The Runway Protection Zone, this is referred to as an RPZ, the purpose of the RPZ is for the protection of people and property on the ground as well as to prevent obstructions that could be hazardous to aircraft. In the property area RPZ there are four parcels of properties that the city is interested in acquiring. The FAA recommends that airports own the RPZ property and that it be cleared of any non-aeronautical structure or object that would interfere with the departure or arrival of any aircraft. At this time the City has only sent letters of intent to the owners of these parcels of property. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - COMMENTED ON THE STREET NAMING DEDICATION FOR BARBARA LYNN,THE CARNIVAL AND 5K RUN AT OZEN HIGH SCHOOL,AND THE.JAZZ FEST DOWNTOWN COUNCILMEMBER SAMUEL- COMMENTED ON A SCHOLARSHIP BANQUET WITH CATHEDRAL OF PRAISE HE ATTEND ON THE MAYOR'S BEHALF MAYOR PRO TEM PATE - COMMENTED ON LAMAR THEATRE DEPARTMENT,THE 45T" CLASS REUNION OF FRENCH HIGH SCHOOL, REMINDED Minutes—May 3,2011 EVERYONE OF THE MEDITERRANEAN FESTIVAL COMING UP THIS WEEKEND, HAPPY MOTHER'S DAY COUNCILMEMBER WRIGHT - CONGRATULATED JAMES WESTGATE PROFESSORAT LAMAR UNIVERSITY ON WINNING THE PIPER AWARD, HAPPY MOTHER'S DAY TO ALL MOTHERS COUNCILMEMBER COLEMAN - CONGRATULATED TRACY BYRD, ENCOURAGED EVERYONE TO ATTEND THE ST. MICHAEL'S ORTHODOX CHURCH FOR THE MEDITERRANEAN FESTIVAL, AS WELL AS EXERCISING YOUR RIGHT TO VOTE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON SEVERAL FUNCTIONS THAT WILL BE HAPPENING IN THE CITY OVER THE WEEKEND OZEN CARNIVAL AND 51K RUN, BOY'S HAVEN CRAWFISH FESTIVAL AT PARKDALE MALL, MEDITERRANEAN FESTIVAL, JAZZ FESTIVAL, YACHT CLUB CELEBRATION AND BREAKFAST WITH THE BISHOP ON SATURDAY,THURSDAY,MAY 5,2011, WILL BE THE NATIONAL DAY OF PRAYER AT CITY HALL AT 12:00 P.M. Public Comments (Persons are limited to three minutes) Vicki Ignasiak 8514 Hwy 159 E. Bellville, TX Commented on property owned by Beatrice Johnson, the City is wanting to tear her garage down and she does not want it removed Open session of meeting recessed at 2:55 p.m. EXECUTIVE SESSION • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Starvin Marvins Bar and Grill LLC vs. City of Beaumont, et al, Cause No. E-189,628 James Mathews, Jr. vs. City of Beaumont, Becky Ames, Tyrone Cooper and Anne Huff Klein Investigations and Consulting vs. City of Beaumont Police Department, Cause No. B-189,589 Minutes—May 3,2011 I There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Be y Ame ayor Gk-- �1 Tina Broussard, City Clerk Minutes—May 3,2011