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HomeMy WebLinkAboutMIN OCT 30 2012 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large Dr.Alan B. Coleman, Mayor Pro Tern CITY COUNCIL MEETING Michael D. GetzWard II Audwin Samuel,Ward III October 30,2012 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 October 30, 2012, 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 8-14/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Eddie McGriff of House of Prayer 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 Tem Coleman, Councilmembers Getz, Wright, Pate and Samuel. Absent: Councilmember Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Smith was absent due to County Elections. Proclamations, Presentations, Recognitions "Walk to End Alzheimer's Day/Beaumont's First Annual Portrait Luncheon " - November 14, 2012 - Proclamation read by Mayor Ames; accepted by Linda Domino, Alzheimer's Association and Chairman of Beaumont's First Annual Family Portrait Presentation - Sgt. Rob Flores, Beaumont Police Department, spoke on the Police Department's Trunk or Treat& Haunted Jail on Halloween night, Wednesday, October 31, 2012 Public Comment: Persons may speak on scheduled agenda items 8-14/Consent Agenda. None CONSENT AGENDA Approval of minutes - October 16, 2012 Confirmation of committee appointments - None Minutes—October 30,2012 A) Approve a resolution authorizing the purchase of equipment for use by the Parks and Recreation Department— Resolution 12 — 250 B) Approve a resolution authorizing the purchase of seven mowers for use by the Park and Recreation Department— Resolution 12 - 251 C) Approve a resolution authorizing the City Manager to execute an Advance Funding Agreement Amendment No. 1 with the Texas Department of Transportation for the Hike & Bike Trail Phase II-Dowlen Road to Major Drive — Resolution 12 - 252 D) Approve a resolution supporting National Parks for a New Century—Resolution 12 -253 E) Approve a resolution authorizing the City Manager to execute all documents necessary to accept funding from The Texas Department of State Health Services for the Beaumont Public Health Department's Tuberculosis Elimination Division — Resolution 12 - 254 F) Approve a resolution authorizing the City Manager to execute all documents necessary for an affiliation agreement between the City of Beaumont EMS and the University of Texas Health Science Center— Resolution 12 - 255 G) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located at 4550 North Major Drive — Resolution 12 - 256 H) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located at 2949 College Street— Resolution 12 — 257 1) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Sanitary Sewer Easement located at 2949 College Street— Resolution 12 - 258 J) Approve a resolution authorizing the execution of an Access Easement Agreement related to the Stagg ROW abandonment— Resolution 12 - 259 K) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located in the abandoned Stagg Drive ROW described in Ordinance No. 12-064 — Resolution 12 - 260 L) Approve a resolution authorizing the acceptance of a ten foot wide Sanitary Sewer Easement located in the abandoned Stagg Drive ROW described in Ordinance No. 12-064— Resolution 12 - 261 M) Approve a resolution authorizing the acceptance of a ten foot wide General Utility Easement located across the abandoned portion of Stagg Drive ROW described in Ordinance No. 12-064— Resolution 12 - 262 N) Approve a resolution authorizing the City Manager to execute all documents necessary, specifically including a Memorandum of Understanding between the Beaumont Police Department and the Department of Public Safety — Resolution Minutes—October 30,2012 12 - 263 O) Approve a resolution authorizing the acquisition of property located at 125 Magnolia — Resolution 12 264 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling)District to RM-H (Residential Multiple Family Dwelling-Highest Density)District at 1703 Franklin. Louis Salazar has applied for a zone change. Mr. Salazar states that the reason for the rezoning is to enable him to build an apartment complex on the subject property. The property is currently occupied by a large older house and accessory building. The 1999 Avenues/College Street Area Plan designates the subject property and properties to the north, east and west for low density residential uses. In 2000, the Planning Division conducted a zoning study with the intent of implementing that portion of the plan which recommends rezoning parts of the neighborhood in an effort to revitalize the entire neighborhood while protecting and stabilizing the existing single family residential neighborhoods. The preservation of the existing single family neighborhoods was one of the major objectives of the plan. At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended denial 7:0 of the zone change. Denial of ordinance. Mayor Pro Tern Coleman moved to DENY 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENISTY) DISTRICT AT 1703 FRANKLIN STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. Minutes—October 30,2012 AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION DENIED 2. Consider an ordinance approving a zone change from PUD (Planned Unit Development) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 3350, 3450, 3550 Dowlen Road (Tuscany Park) and the vacant 5± acres behind Tuscany Park. Calvary Baptist Church has applied for a zone change. In October, 1999, City Council approved a zone change to RM-H (Residential Multiple Family Dwelling-Highest Density) District and a specific use permit to allow a professional and business office park. In March, 2001, City Council approved a zone change to PUD (Planned Unit Development) District. At that time, the applicant asked for the PUD zoning "to allow some flexibility to compliment the office setting". PUD zoning requires specific use permits for any use other than single family residential. Calvary Baptist Church has entered into a contract to purchase the property from Wells Fargo Bank, N.A. Gary Rothenberger, Executive Pastor of Calvary Baptist Church, states that the church's purchase of Tuscany Park will create a greater opportunity for the residents of Southeast Texas to visit its campus. Pastor Rothenberger says that a larger campus will provide additional space where children, youth, college-age persons and adults can come and participate in church activities. The original church campus is located immediately north of Tuscany Park. Several years ago, Calvary also purchased the campus of Wesley United Methodist Church located at the southeast corner of Dowlen and Folsom. Tuscany Park is currently occupied by restaurants, clothing retail, jewelry retail, medical and office space. Pastor Rothenberger states that effective at the close of purchase of Tuscany Park, certain entities currently occupying space will continue to operate under a lease agreement with Calvary Baptist Church. The current uses will continue until each lease agreement expires. Any space currently unoccupied will be utilized by Calvary Baptist for "church use". At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended approval 7:0 of the zone change. 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 PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 3350, 3450, 3550 DOWLEN ROAD (TUSCANY PARK) AND THE VACANT 5+ ACRES BEHIND TUSCANY PARK,BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. Minutes—October 30,2012 AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 079 3. Consider an ordinance approving a specific use permit to allow a school in an RS (Residential Single Family Dwelling) District at 6750 Highway 105. Ed Jones, trustee of Friendship Baptist Church, has applied for a specific use permit. The church would like to operate a faith based school open to the public. Friendship Christian Academy includes grades Pre-K4 through 12th grade. Mr. Jones says that 47 students are currently enrolled full time and 10 home schooled children are enrolled. The school is open Monday through Friday, 8:30 a.m. to 3:00 p.m. The home school is open on Monday's from 5:30 p.m. to 7:00 p.m. At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended approval 7:0 of the specific use permit subject to the following condition: 1. The school shall apply for and receive approval of a certificate of occupancy. Approval of ordinance subject to the following condition: 1. The school shall apply for and receive approval of a certificate of occupancy. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SCHOOL IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 6750 HIGHWAY 105 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 — 080 4. Consider an ordinance approving a specific use permit to allow a pet crematory in a GC- MD (General Commercial-Multiple Family Dwelling) District at 1295 Gladys. Donald Taft has applied for a specific use permit. Minutes—October 30,2012 Mr. Taft states that the pet crematory will occur in a vacant commercial building that once was used as a flower shop. A small chapel will be provided for those who wish to mourn the passing of their pet. All of the cremation activities will occur inside the building. The service will provide the pick-up of the deceased pet and return the pet in an urn or scatter the ashes in a reflection area on the property. Cremation can be done on an individual basis or in a communal (group)basis. Typical operating hours will be 8 a.m.to 5 p.m., Monday through Saturday. However, the service will be on call 24 hours a day, 365 days a year. At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended approval 7:0 of the specific use permit subject to the following conditions: 1. A RPZ will be required within 12" of the water meter on private property. 2. The applicant will modify the west side of the parking lot to allow room for vehicles parked at the end of the parking lot to reverse and re-orient so that the front of the vehicle exits first into the street. Approval of ordinance subject to the following conditions: 1. A RPZ will be required within 12" of the water meter on private property. 2. The applicant will modify the west side of the parking lot to allow room for vehicles parked at the end of the parking lot to reverse and re-orient so that the front of the vehicle exits first into the street. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PET CREMATORY IN A GC-MD (GENERAL COMMERICIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 1295 GLADYS AVENUE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 — 081 5. Consider an ordinance approving a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) District at 1650 Reynolds. Donna Moffitt has applied for a specific use permit. Ms. Moffitt states that for the past twenty-two years she has operated a registered child day care at 1695 Reynolds. That property is across the street from the subject property. After Ms. Moffitt's father died, she and her husband purchased her childhood home and moved to 1650 Reynolds. Minutes—October 30,2012 Ms. Moffitt says that the child day care would operate Monday through Friday from 6:00 a.m. to 6:00 p.m. She currently cares for six preschool children ages newborn to 5 years old. Being a registered child day care she would be able to care for up to twelve children. At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended approval 7:0 of the specific use permit. Approval of ordinance. Mayor Pro Tern Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHILD DAY CARE IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 1650 REYNOLDS ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 082 6. Consider an ordinance approving an amended specific use permit to allow a 6' tall chain link fence instead of the required 8' tall wood screening fence along the south side of the play yard of a child day care in an RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive. On August 28, 2012, City Council approved a specific use permit to allow a child day care at 1450 W. Lucas subject to the following conditions: 1. The number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. 2. If the specific use permit is approved, Ms. Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must comply with all of the required codes of the City of Beaumont. 3. An 8' tall wood screening fence shall be installed along the east and south sides of the play yard (where the chain link fence now exists). On September 4, 2012, Shukia Brown received her certificate of occupancy. Staff gave Ms. Brown three weeks to come into compliance with the fencing requirement. She installed the fence along the east side of the play yard but not on the south side as required. Ms. Brown presented staff with a letter from Bobbie Boudreaux, the property owner to the south, stating that the child day care did not bother her and requested that the fence along the south side of the play yard not be installed. At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended approval 7:0 of the amended specific use permit to allow a 6'tall chain link fence instead of the required 8' tall wood screening fence along the south side of the play yard of a child day care. Minutes—October 30,2012 Approval of ordinance to allow a 6'tall chain link fence instead of the required 8'tall wood screening fence along the south side of the play yard of a child day care. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A 6'TALL CHAIN LINK FENCE INSTEAD OF THE REQUIRED 8'TALL WOOD SCREENING FENCE ALONG THE SOUTH SIDE OF THE PLAYYARD OF A CHILD DAY CARE IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 1450 W. LUCAS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GETZ,WRIGHT, PATE AND SAMUEL NAYS: MAYOR PRO TEM COLEMAN MOTION PASSED Ordinance 12 - 083 7. Consider an ordinance approving an amendment to the Zoning Ordinance, Section 28.03.023(e) that would permit tax preparation services in the RCR (Residential Conservation and Revitalization) District with a specific use permit. The City of Beaumont Planning Division is proposing an amendment to the Zoning Ordinance. Planning staff is proposing an amendment to the Zoning Ordinance that would permit tax preparation services in the RCR-H (Residential Conservation and Revitalization) District with a specific use permit. Staff has recently had a conversation with a property owner located in the Oaks Historic District about selling her former dental office to a tax preparation business. Currently, a tax preparation service is not permitted in the RCR-H District. Staff feels that a tax preparation service would be an appropriate use in the RCR-H District and would not be detrimental to surrounding properties. Therefore, staff recommends the following: Sec. 28.03.023 Permitted uses (e) Standard Industrial Classification (SIC) group numbers. At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended approval 7:0 of the amendments. Approval of ordinance. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28,SECTION 28.03.023(E)OF THE CODE OF ORDINANCES BEAUMONT,TEXAS, TO MAKE CHANGES AND ADDITIONS; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL Minutes—October 30,2012 NAYS: NONE MOTION PASSED Ordinance 12 - 084 8. Consider an ordinance approving the abandonment of two drainage easements at 8085 Eastex Freeway. Tim Andrues has applied for the abandonment. Mr. Andrues states that these easements were originally platted with the establishment of the Suburban Acres subdivision in the mid-1950's. With the subsequent construction of the Eastex Freeway, the drainage was rerouted so as to cross under the freeway parallel to Lawrence Drive. As a result, these easements are no longer needed. These easements cross the property owned by Coastwide Leasing, L.P. Coastwide Leasing has plans to construct a 6,500 sq.ft. multi-tenant office building on the property. Mr. Andrues states that the purpose of this abandonment is to provide adequate facilities for the primary tenant in the new office building. This item was sent to all interested parties. No negative responses were received. At a Regular Meeting held October 15, 2012, the Planning Commission recommended approval 7:0 of the abandonment. Approval of ordinance. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING TWO DRAINAGE EASEMENTS AT 8085 EASTEX FREEWAY,BEAUMONT, JEFFERSON COUNTY,TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 085 9. Consider approving amendments to the Burglar and Robbery Alarms Ordinance. At the Work Session held October 16, Council reviewed and discussed proposed amendments to the City's burglar alarm ordinance. The proposed amendments are intended to reduce the number of false alarms that are received by the Beaumont Police Department. The amendments comply with the rules established by the Texas Local Government Code and Texas Occupations Code which together regulate burglar alarm systems and companies. Minutes—October 30,2012 The recommended schedule will generate about $200,000 in registration and renewal fees and $90,000 in penalties. This revenue will offset ongoing computer, software, and program management costs. Approval of ordinance. Councilmember Getz made a motion to ADOPT AN ORDINANCE AMENDING CHAPTER 6, SECTIONS 6.02.001,6.02.002,6.02.003(A)AND(c),6.02.008(c),6.02.041(8),6.02.043 AND 6.02.044 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES AND ADDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tern Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COELMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 086 10. Consider a resolution authorizing the City Manager to receive funding through the Department of Homeland Security Supplemental 2012 Port Security Grant Program. The Homeland Security Grant Program consists of a number of grant programs, one of which is the Port Security Grant Program (PSGP). Because the Port is designated as critical to national infrastructure, this grant can be utilized to enhance the security of the Port of Beaumont and the agencies that support it. The projects total $1,936,700, with approximately $170,200 intended for replacement of obsolete tactical protective gear, which includes body armor and ballistic shields; $1,000,000 for the first phase of repeater upgrades to meet the P-25 compliance deadline of 2015 in accordance with state and federal mandates; $100,000 to expand the license plate reader system to enhance investigations, $17,000 for a mobile fingerprint scanner to aid in suspect identification by having a scanner at the scene; $279,000 to replace 62 obsolete tough books for mobile data computers in first responder vehicles; $70,500 for additional technology and audiovisual equipment for the EOC, which includes projectors, screens and monitors; and $300,000 to complete the first phase of the third floor renovation project for the Municipal Court and EOC facility that will allow for additional sheltering space for first responders and essential City personnel during a hurricane. A 25% local match totaling $484,175 is required. Capital Reserve Fund, with $176,500 in FY 2013 and $307,675 in FY 2014. Approval of resolution. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO RECEIVE FUNDING IN THE AMOUNT OF$1,452,525 THROUGH THE DEPARTMENT OF HOMELAND SECURITY SUPPLEMENTAL 2012 PORT SECURITY GRANT PROGRAM (PSGP). Mayor Pro Tern Coleman seconded the motion. Minutes—October 30,2012 AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 — 264 11. Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for the Hike&Bike Trail Phase II-Dowlen Road to Major Drive. The City of Beaumont executed an agreement with the Texas Department of Transportation (TxDOT) for a Transportation Enhancement project to build a bike- pedestrian 2.1 mile path between Delaware and Folsom in September 2011. In early 2012, it was deemed our original route would not work for all parties involved. Staff worked with TxDOT and Drainage District No. 6 to relocate the route between Dowlen Road and Major Drive. The project is currently in our Capital Program as the Hike & Bike Trail Phase II — Delaware to Folsom. The proposed Interlocal Agreement with Drainage District No. 6 is for the route between Dowlen Road and Major Drive. The route enters the District's property at the southeast corner of Major Drive and Folsom Drive and exits their property near the intersection Dowlen Road and Metropolitan Drive. Under terms of the proposed agreement (see attached), the City will be responsible for maintaining the path as we do for the Gulf Terrace Hike and Bike Trail located between Dishman Road and Phelan Boulevard. Approval of resolution. Mayor Pro Tern Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 FOR THE HIKE&BIKE TRAIL PHASE II-DOWLEN ROAD TO MAJOR DRIVE PROJECT. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 — 265 12. Consider amending Section 20.03.004 of the Code of Ordinances related to the locations and limits of school speed zones. Minutes—October 30,2012 The Public Works Department/Transportation Division has recently completed a comprehensive review of all the school related traffic control devices citywide. As a part of this review all 79 school zones located within the city limits were reviewed for compliance with the latest criteria as set forth in the Texas Manual of Uniform Traffic Control devices. Changes in the manual's criteria, coupled with the modifications being implemented by the Beaumont Independent School District as a part of new school construction, have resulted in the need to alter the existing school speed zone boundaries, or add new zones, at approximately half of the school zones as set forth in the Code of Ordinances. Approval of ordinance. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.004 BY AMENDING SCHEDULES A, B, C, D, E, F AND G OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 087 13. Consider a resolution approving the purchase of six reconditioned solar powered mixers for use at the Wastewater Treatment Plant. The State issued discharge permit for 46 million gallons a day requires the treated wastewater to contain a 2 mg/liter dissolved oxygen concentration prior to discharging it in the manmade wetlands for final polishing. Currently, oxygen is injected into the treated wastewater using a network of electrical aerators installed in the ponds. The installation of the proposed solar powered mixers will be the first step toward replacing the existing 20 electrically driven aerators whose purpose can be accomplished with a total of 12 solar powered units. In addition to providing the required oxygen concentration, the SolarBee mixers will reduce the energy consumption, minimize maintenance needs, and enhance ammonia reduction. Original pricing was obtained in the bidding of the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2 Project that was awarded to Brystar Contracting, Inc. in March 2012. The bid tabulation included an Additive Bid Item for purchasing 12 solar mixers. However, the Additive Bid Item was not awarded with the project because the cost was $60,500 per unit. The price for the proposed purchase of six(6) reconditioned sole source SolarBee model SB10000 v18R solar powered mixers is $200,000 and provides for a 5-year Service Program for$50,000. Purchasing the reconditioned units will save $27,166 per unit from the original bid price while sustaining the manufacturer's warranties. The purchase price includes equipment, delivery, installation, and startup. The 5-year Service Program includes maintenance, labor and parts in case of failures and software/hardware upgrades as they become available. Minutes—October 30,2012 Capital Program. Approval of resolution. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF SIX (6) RECONDITIONED SOLAR POWERED MIXERS FROM SOLARBEE, OF DICKINSON, NORTH DAKOTA, THE SOLE SOURCE MANUFACTURER OF SOLARBEE MODEL SB10000 v1 811 SOLAR POWERED MIXERS, IN THE AMOUNT OF$250,000 FOR USE BY THE WATER UTILITIES DEPARTMENT. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COELMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 - 266 WORK SESSIONS * Review and discuss bus route options to serve the Social Security Office located on Dishman Road at Major Drive Bill Munson, General Manager of the Beaumont Transit discussed two bus route options to serve the Social Security Office located on Dishman Road at Major Drive. The first proposal would combine the existing Magnolia and Pine routes into one route named the Magnolia-Pine and extend the existing Laurel route, naming it the Delaware Route. The Magnolia-Pine route which is paired with the refinery route would continue to operate with three buses. The current headway of 30 minutes would have to be increased to 40 minutes. One bus would operate the new Delaware route and it would have headway of one hour and 15 minutes. The second proposal would not change the existing routes but create a totally new separate route called the College route. The exiting College route would be renamed something else, possibly the College Express or the Pear Orchard route. One bus would be taken off the existing Magnolia-refinery route which operates with three buses it would leave two buses on the Magnolia-refinery route creating a 45 minute headway rather than the existing 30 minute headway. This one bus would be used to operate on the proposed new route and would have one hour and 30 minute headway. In order for either proposal to be implemented on a cost neutral basis,the Parkdale Tripper bus on Saturdays must be eliminated. This bus was added years ago when ridership was twice what it is today. It is totally unnecessary to have three buses on the Parkdale-South Park route on Saturdays now. The elimination of this bus is required to be cost neutral because there are only two buses on the Magnolia-Refinery route on Saturdays versus three on weekdays. Therefore, the existing Parkdale Tripper bus would be eliminated and would become the bus to operate on either of the proposed routes, keeping the total number of vehicles in service the same. Minutes—October 30,2012 * Review and discuss an application from HEB for Neighborhood Empowerment Zone economic development incentives Chris Boone, Community Development Director reviewed and discussed the application from HEB for Neighborhood Empowerment Zone economic development incentives. The City of Beaumont is encouraging economic development in areas of the City with higher concentrations of low to moderate income families and limited redevelopment. The City has implemented four neighborhood empowerment zones within the City. These zones offer incentives to attract redevelopment to those areas. The possible incentives were discussed, as well as the proposal from HEB Grocery to purchase the property at the Northwest corner of College and 11th St., demolishing the old Baptist Hospital building and building a new store. The store will be approximately 68,000 square feet in size. This store will be replacing the existing store located at 1180 S. 11 th St and 3930 East Lucas. The projected construction cost would exceed $5 million and is eligible for consideration for an abatement of City taxes for up to seven (7) years. The estimated abatement amount was discussed per year and for the seven year abatement period as well as the permitting process. Councilmember Samuel left the meeting at 2:48 p.m. 14. Consider a resolution authorizing the City Manager to enter into an agreement with HEB Grocery for economic development incentives under the Neighborhood Empowerment Zone Abatement Program. In an effort to encourage economic development in areas of the city with higher concentrations of low to moderate income families and limited redevelopment, the City implemented Four Neighborhood Empowerment Zones(NEZ)within the city. These zones offer incentives to attract redevelopment to these areas. Possible incentives include: 1) Up to a seven-year municipal tax abatement for all value added above the existing property value, less any values from the relocation of existing properties. 2) Building fee waivers (not including tap and meter fees). 3) Expedited permit review 4) Possible City lien waivers (weed, demolition). HEB Grocery is proposing to purchase the property at the Northeast corner of College and 11th Streets, razing the old hospital building and constructing a new store, approximately 68,000 square feet in size. This new store at 3536 College would be a replacement of the existing store at 1180 S. 11th Street and the store at 3930 East Lucas. Given that the projected construction would be in excess of$5 Million,this project would be considered a "Substantial Investment" as outlined in the NEZ policy and would therefore be eligible for consideration for an abatement of City taxes for up to seven (7) years. Because HEB is proposing to relocate within the city, the project would be eligible for an abatement of City property taxes of the incremental value, less the value at their current sites. While the final amounts will not be available immediately, for the purpose of illustration, the property tax abatement would be estimated as follows: Minutes—October 30,2012 Taxable Value of the Store and Premises (New Store) $6,133,760 less: 2012 Taxable Value of the Premises (existing property) ($833,760) Increased Value of Premises (after construction) $5,300,000 less: Existing Store Value (1180 S. 11th Street) ($927,660) less: Existing Store Value (3930 E. Lucas) ($877,460) Amount of abatable value: $3,494,880 Based on this value, the estimated abatement would amount to approximately$22,367 per year, totaling approximately $156,570 over the seven year abatement period. With regard to the permit fees, based on the proposed value, the permit fee would be estimated at $28,000. With regard to expedited permitting, the permitting staff is already very familiar with this project and has already been working closely with the real estate and design professionals from Baptist Hospital and HEB in an effort to bring this project to fruition. Revenues from waived fees and abated ad-valorem taxes would be forgone, but the long- term economic impact associated with new development should positively affect future budgets. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A NEIGHBORHOOD EMPOWERMENT ZONE TAX ABATEMENT AGREEMENT WITH HEB GROCERY COMPANY, LP, A TEXAS LIMITED PARTNERSHIP OFFERING ECONOMIC INCENTIVES TO ENCOURAGE THE CONSTRUCTION OF A RETAIL GROCERY STORE WITH A PROJECTED VALUE IN EXCESS OF $5,000,000 AT THE CORNER OF COLLEGE AND 11 TH STREETS IN THE CITY OF BEAUMONT WITHIN NEIGHBORHOOD EMPOWERMENT ZONE#1. Mayor Pro Tern Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM COELMAN,COUNCILMEMBERS GETZ,WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 12 — 267 Councilmember Samuel returned to the meeting at 2:50 p.m. COUNCILMEMBER COMMENTS MAYOR PRO TEM COLEMAN- WANT ALL THE KIDS TO HAVE A SAFE HALLOWEEN NIGHT AND BE SURE TO BRUSH THEIR TEETH, PRAYERS AND BEST WISHES GO OUT TO OUR FELLOW AMERICANS IN THE NORTH EAST FROM THE EFFECTS OF THE DEVASTATING STORM Minutes—October 30,2012 COUNCILMEMBER GETZ- COMMENTED ON THE NEIGHBORHOOD MEETING ON LAST WEDNESDAY AT THE BRENTWOOD COUNTRY CLUB,STATED THERE WERE OVER 130 CITIZENS IN ATTENDANCE TO REENERGIZE THE WILLOW CREEK NEIGHBORHOOD ASSOCIATION, THERE WERE 8 PEOPLE THAT VOLUNTEERED TO SERVE IN OFFICER CAPACITY,THE NOVEMBER MEETING IS ALREADY PLANNED,THEY WILL MEET ON THE FIRST MONDAY OF THE MONTH,THANKED THE BEAUMONT POLICE DEPARTMENT FOR THE OFFICERS THAT WERE IN ATTENDANCE, AS WELL AS PATRICK DONART, PUBLIC WORKS DIRECTOR, AND COUNCILMEMBER WRIGHT COUNCILMEMBER WRIGHT- NONE COUNCILMEMBER PATE- CONGRATULATED CHIEF SINGLETARY AND THE BEAUMONT POLICE DEPARTMENT FOR THE NEW PROGRAM TO GET THE KIDS INVOLVED, ESPECIALLY THE TRUNK-OR-TREAT ON HALLOWEEN NIGHT, THANKED BILL MUNSON, COUNCILMEMBER SAMUEL AND MEMBERS OF THE BEAUMONT TRANSIT ON HOW TO BEST SERVE THE CITIZENS ON THE BUS ROUTES, AS WELL AS THOSE THAT WORKED ON THE HEB EMPOWERMENT PROGRAM COUNCILMEMBER SMITH - ABSENT COUNCILMEMBER SAMUEL- THANKED THE CITY MANAGER AND STAFF FOR THEIR CONTINUED EFFORTS TO MAKE BEAUMONT A BETTER PLACE TO LIVE,WORK AND PLAY, THINKS THAT A CITY THAT PRAYS TOGETHER STAYS TOGETHER, COMMENTED ON SEVERAL CHURCH ANNIVERSARIES THAT HE ATTENDED OVER THE WEEKEND, ALSO COMMENTED ON REGINA ROGERS AND THE GIFT OF LIFE FOR ALL THAT THEY DO FOR BREAST CANCER AWARENESS,AND THE EVENT OVER THE WEEKEND AT THE EVENT CENTER CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES- ACKNOWLEDGED THAT FORMER MAYOR BILL NIELD WAS IN THE AUDIENCE,COMMENTED ON THE JULIE ROGERS GIFT OF LIFE EVENT OVER THE WEEKEND,THE EVENT WAS VERY WELL ATTENDED Public Comments (Persons are limited to three minutes) Benny Mendoza 5655 S. Kenneth Beaumont TX Spoke to Council regarding his property and the parking lot that he is trying to establish, the blueprints are almost ready, should be complete in a few weeks Minutes—October 30,2012 Bill Neild 110 Summerwood Beaumont TX Thanked Council for the decision they made on today regarding the bus route, appears to be a good decision, very well pleased There being no Executive Session, Council adjourned at 3:01 p.m. udio available upon request in the City Clerk's Office. B ky m , Mayor Tina Broussard, City Clerk Minutes—October 30,2012