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HomeMy WebLinkAboutMIN NOV 04 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. Getz,Ward II Audwin Samuel,Ward III December 4,2012 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 December 4,2012, 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 8-9/Consent Agenda Consent Agenda Mayor Pro Tern Coleman called the council meeting to order at 1:30 p.m. Pastor Robert Besser of Wesley United Methodist Church gave the invocation. Mayor Pro Tern Coleman led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Pro Tern Coleman, Councilmembers Getz, Wright, Pate, Samuel and Smith. Absent: Mayor Ames. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Mayor Ames was absent due to her being out of the City. Proclamations, Presentations, Recognitions Sandra Womack with HOG (Harley's Owner's Group)Chapter, presented Council with a check for contribution to the Beaumont Police Department's Blue Santa toy run. Police Chief James Singletary, Sgt. Rob Flores, Officers Swope and Proezna were present to accept the check in the amount of$10,000. Public Comment: Persons may speak on scheduled agenda items 8-9/Consent Agenda. None CONSENT AGENDA Approval of minutes— November 20, 2012 Confirmation of committee appointments - None A) Approve a resolution authorizing the purchase of a security camera system for use in the Water Utilities Department— Resolution 12 — 282 Minutes—December 4,2012 B) Approve a resolution authorizing the sale of City-owned surplus properties—Resolution 12 - 283 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance approving a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial- Multiple Family Dwelling) District at 3501 Magnolia. Nancy Nguyen and Vinh Van Le have applied for a zone change. Ms. Nguyen and Mr. Le are converting an existing building at the northwest corner of Magnolia and Leight into a convenience store. The property is triangular in shape. The majority of the property is zoned GC-MD. However, the west thirty feet of the lot is zoned RM-H. Parking for the convenience store is proposed to be located partially in that part of the property that is zoned RM-H. To use that property for commercial purposes, the property must be zoned commercially. At a Joint Public Hearing held November 19, 2012, the Planning Commission recommended approval 6:0 of the zone change Approval of ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING MAP OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL- MULITPLE FAMILY DWELLING) DISTRICTS FOR PROPERTY LOCATED AT 3501 MAGNOLIA AVENUE, BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Minutes—December 4,2012 Ordinance 12 - 089 2. Consider an ordinance approving a specific use permit to allow a bottle club in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3410 Concord. Nathaniel Tarver has applied for a specific use permit. In January, 1997 City Council approved a specific use permit to allow a drinking, recreational services and rental hall at this location. At the time, Mr. Tarver wished to rent the building out for plays,wedding receptions, gospel performances, private parties,family reunions and musical road shows. The consumption of alcoholic beverages could occur depending on the particular function or event. In August, 2011 City Council approved a specific use permit to Lesha Crawford to allow a drinking place on the subject property. That business never opened. Mr. Tarver would now like to reopen the location with a bottle club. Mr. Tarver states that he would like to convert the space back to a rental hall for various social activities where the participants will bring their own bottle (BYOB). At a Joint Public Hearing held November 19, 2012, the Planning Commission recommended approval 7:0 of the specific use permit. Approval of ordinance. Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RENTAL HALL/BOTTLE CLUB IN A GC-MD(GENERAL COMMERCIAL-MULITPLE FAMILY DWELLING) DISTRICT AT 3410 CONCORD ROAD IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 - 090 3. Consider an ordinance approving a specific use permit to allow storage/warehousing in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1330 Caldwell. Eli Patterson has applied for a specific use permit. An existing 5,000 sq. ft. metal building is located on the property. Mr. Patterson states that he will be opening an office headquarters for his construction business in Unit One. The office will be used for printing payroll and the creation of business documents. Additional warehouse space in Unit One will be used for storage and occasional equipment maintenance. The actual office space for Mr. Patterson's business will Minutes—December 4,2012 consist of 1,250 sq. ft. The rest of the building will be divided into three storage rental units. At a Joint Public Hearing held November 19, 2012, the Planning Commission recommended approval 6:0 of the specific use permit subject to the following condition: 1. Delete the two most easterly parking spaces along the north property line and the most southerly parking space along the south property line and with a modification to the landscaping/screening requirements along the northeast 47'of the north property line, along the east property line and along the street frontage of the parking lot(no 8'tall wood screening fence and no 10'wide landscape strip along the east property line and the northeast 47' of the north property line and no 6' wide landscape strip along the street frontage of the parking lot.) Approval of ordinance subject to the following condition: 1. Delete the two most easterly parking spaces along the north property line and the most southerly parking space along the south property line and with a modification to the landscaping/screening requirements along the northeast 47'of the north property line, along the east property line and along the street frontage of the parking lot(no 8'tall wood screening fence and no 10'wide landscape strip along the east property line and the northeast 47' of the north property line and no 6' wide landscape strip along the street frontage of the parking lot.) Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A STORAGE/WAREHOUSE IN A GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT AT 1330 CALDWELL AVENUE SUBJECT TO THE CONDITIONS, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 — 091 4. Consider an ordinance approving a specific use permit to allow an accounting office in a RCR-H (Residential Conservation and Revitalization-H) District at 2580 Laurel. Vanester Washington has applied for a specific use permit. Minutes—December 4,2012 Ms. Washington states that she has the opportunity to purchase the subject property and relocate her business. Her business provides professional accounting services. Hours of operation will be from 9 a.m. to 6 p.m., Monday through Friday. At a Joint Public Hearing held November 19, 2012, the Planning Commission recommended approval 7:0 of the specific use permit subject to the following condition: 1. Remove parking space #4. Approval of ordinance subject to the following condition: 1. Remove parking space #4. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ACCOUNTING OFFICE IN AN RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-H) DISTRICT AT 2580 LAUREL STREET, SUBJECT TO THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 - 092 5. Consider an ordinance approving a specific use permit to allow a machine shop in a C- M (Commercial-Manufacturing) District at 1415 and 1455 Pennsylvania. Minh Tran has applied for a specific use permit. Frontier Machine Works, LLC has the former Salvation Army Boys and Girls Club and Resale Shop under contract for purchase. Frontier Machine Works will utilize the main building as the machine shop and the smaller metal building will be converted to a carport. The machine shop will make custom metal parts. Shop hours will be 8:00 a.m. to 5:00 p.m., Monday through Saturday. There will be one CNC machine and one milling machine with two operators. All work will be done inside of the building. The company's air compressor will be mounted on an isolation pad for vibration control and the mechanical room's door will be sealed for noise control. Minutes—December 4,2012 An existing driveway on Emmett will be used as the main vehicle entrance for employees, customers and deliveries. The pedestrian entrance will be at the front office on Pennsylvania. At a Joint Public Hearing held November 19, 2012, the Planning Commission recommended approval 6:0 of the specific use permit. Approval of ordinance. Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MACHINE SHOP IN A C-M (COMMERCIAL — MANUFACTURING) DISTRICT AT 1415 AND 1455 PENNSYLVANIA IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL,SMITH NAYS: NONE MOTION PASSED Ordinance 12 - 093 6. Consider an ordinance revoking a specific use permit to allow a two family dwelling (duplex) in a RS (Residential Single Family Dwelling) District at 255 Pollard. The City of Beaumont Planning Division has applied for the revocation of the specific use permit. In June, 1994, Fredrick Joubert, Jr. received a specific use permit to allow the construction of the duplex. At the time of the request there was a single family structure on the property. The site plan showed that the house was to be demolished. According to the June 20, 1994 Joint Public Hearing Minutes, Mr. Joubert was asked if he was going to demolish the structure and he stated he was when he got the duplex finished in about a year. However, the demolition was not made a condition of approval of the specific use permit. Upon receiving a complaint in the summer of 2010 about having three residences on the property, Troy Joubert, the new property owner and son of Fredrick Joubert, was given four weeks to correct the violation. The structure was not demolished and charges were filed. When the case went to Municipal Court, the City's Municipal Court Attorney felt that the appropriate action was to revoke the specific use permit. The Zoning Ordinance states that a SUP may be revoked or modified, after notice and hearing, for either of the following reasons: Minutes-December 4,2012 1) The specific use permit was obtained or extended by fraud or deception; or 2) That one or more of the conditions imposed by the permit has not been met or has been violated. At a Joint Public Hearing held November 19, 2012, the Planning Commission recommended approval 7:0 of revoking the specific use permit and granting a ninety (90) day extension to move or demolish the single family structure. Approval of a ninety(90)day extension to move or demolish the single family structure. If after ninety (90) days the single family structure is not removed, staff would recommend that City Council revoke the specific use permit. Councilmember Samuel made a motion to ADOPT AN ORDINANCE PROVIDING A NINETY(90) DAY PERIOD TO MOVE OR DEMOLISH THE SINGLE FAMILY STRUCTURE AT 255 POLLARD IN ORDER TO CORRECT A VIOLATION OF SPECIFIC USE PERMIT ORDINANCE NO. 94-33. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL, SMITH NAYS: NONE MOTION PASSED Ordinance 12 — 094 7. Consider an ordinance approving a specific use permit to allow the construction, maintaining, operating, repairing, replacing, altering and inspecting of a NGL pipeline and related appurtenances in a RS (Residential Single Family Dwelling) District extending from approximately 2,600'±east of the southeast comer of Helbig and Gager to approximately 1,140'± west of Lawrence Drive and from approximately 50'± east of Old Voth Road to the west side of an LNVA Canal. Crosstex NGL Pipeline, L.P. has applied for a specific use permit. Crosstex NGL Pipeline, L.P. is in the process of installing an interstate NGL pipeline as part of its common carrier system. A portion of this pipeline will be installed across the City of Beaumont. Crosstex has acquired agreements with the owners of all the properties through which the pipeline is crossing and are zoned RS. It is those properties that require a specific use permit. Crosstex states that the company and its subcontractors will take all necessary precautions during construction to prevent any offensive odor, fumes, dust, noise and Minutes—December 4,2012 vibration from affecting any properties in the immediate vicinity. Crosstex and its subcontractors do not plan to work during night time hours. Once the pipeline is laid underground, Crosstex will return the right-of-way to the condition prior to construction and will maintain the right-of-way after construction. At a Joint Public Hearing held November 19, 2012, the Planning Commission recommended approval 7:0 of the specific use permit subject to the following conditions: 1. Maintain and/or improve the existing natural storm water drainage in the construction zone after construction is completed. 2. A Pipeline License Agreement and a Utility Crossing Agreement must be submitted and approved prior to any work being performed within the City right- of-way. A map shall be submitted to Water Utilities showing where the pipeline will be crossing any City of Beaumont water and sanitary sewer mains, both within and outside the City. In addition to the overall map, plan and profile drawings must be submitted for each crossing. The pipeline must be installed a minimum of 5 feet below the bottom of the lowest pipe crossing. 3. All traffic control shall comply with the Texas Manual on Uniform Traffic Control Devices, Part 6 (2009 edition). 4. Existing access points being utilized by Crosstex shall be shown on a map displaying the scope of the project within the city limits. 5. Any oversized loads moving materials to the project site shall comply with the City of Beaumont Oversized Loads regulations. 6. Clear space between the bottoms of existing ditches and storm sewer pipes to the top of the Crosstex pipeline shall not be less than 5 feet. 7. If work is to be performed on any street or public right-of-way, submit an application for street cuts and barricading. Approval of Ordinance subject to the following conditions: 1. Maintain and/or improve the existing natural storm water drainage in the construction zone after construction is completed. 2. A Pipeline License Agreement and a Utility Crossing Agreement must be submitted and approved prior to any work being performed within the City right- of-way. A map shall be submitted to Water Utilities showing where the pipeline will be crossing any City of Beaumont water and sanitary sewer mains, both within and outside the City. In addition to the overall map, plan and profile drawings must be submitted for each crossing. The pipeline must be installed a minimum of 5 feet below the bottom of the lowest pipe crossing. 3. All traffic control shall comply with the Texas Manual on Uniform Traffic Control Devices, Part 6 (2009 edition). 4. Existing access points being utilized by Crosstex shall be shown on a map displaying the scope of the project within the city limits. 5. Any oversized loads moving materials to the project site shall comply with the City of Beaumont Oversized Loads regulations. 6. Clear space between the bottoms of existing ditches and storm sewer pipes to Minutes—December 4,2012 the top of the Crosstex pipeline shall not be less than 5 feet. 7. If work is to be performed on any street or public right-of-way, submit an application for street cuts and barricading. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION, MAINTAINING, OPERATING, REPAIRING, REPLACING, ALTERING AND INSPECTING OF A NGL PIPELINE AND RELATED APPURTENANCES IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT EXTENDING FROM APPROXIMATELY 2,600'+ EAST OF THE SOUTHEAST CORNER OF HELBIG AND GAGER TO APPROXIMATELY 1,140'+WEST OF LAWRENCE DRIVE AND FROM APPROXIMATELY 50'+ EAST OF OLD VOTH ROAD TO THE WEST SIDE OF AN LNVA CANAL,SUBJECT TO THE CONDITIONS,IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL, SMITH NAYS: NONE MOTION PASSED Ordinance 12 — 095 8. Consider an ordinance approving the abandonment of two alleys at 1415 and 1455 Pennsylvania. Faust Engineering & Surveying, Inc. applied for the abandonment. The former Salvation Army Boys and Girls Club and Resale Shop are under contract for sale. Frontier Machine Works, LLC proposes to purchase the property for use as a machine shop. An existing building is located on part of one of the alleys. This item was sent to all interested parties. No negative responses were received. At a Regular Meeting held November 19, 2012, the Planning Commission recommended approval 7:0 of the abandonment. Approval of ordinance. Councilmember Smith made a motion to ADOPT AN ORDINANCE VACATING AND ABANDONING TWO ALLEYS AT 1415 AND 1455 PENNSYLVANIA BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL, SMITH NAYS: NONE MOTION PASSED Ordinance 12 — 096 Minutes—November 4,2012 9. Consider an ordinance approving the abandonment of two curb cuts at the northwest and southwest corners of the intersection of House Road and Lawrence Drive. The City of Beaumont Public Works Department has applied for the abandonment. Lot 10, Block 6, and Lot 1, Block 7 of Suburban Acres, Unit Two are being given to non- profits so that they can provide affordable housing to low and moderate income persons. The purpose of the abandonments is to square off the lots on the aforementioned corners. This item was sent to all interested parties. No negative responses were received. At a Regular Meeting held November 19, 2012, the Planning Commission recommended approval 7:0 of the abandonment. Approval of ordinance. COuncilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING TWO CURB CUTS AT THE NORTHWEST AND SOUTHWEST CORNERS OF THE INTERSECTION OF HOUSE ROAD AND LAWRENCE DRIVE,BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL, SMITH NAYS: NONE MOTION PASSED Ordinance 12 — 097 COUNCILMEMBER COMMENTS COUNCILMEMBER GETZ- SPOKE REGARDING THE RECYCLING PROGRAM IN BEAUMONT, STATED THE PROGRAM IS NOT GOING VERY WELL, ATTENDED A TML CONFERENCE IN GRAPEVINE, SPOKE WITH SEVERAL VENDORS THAT DISCUSSED SINGLE STREAM RECYCLING, ACCORDING TO THE VENDORS A BIN CAN BE DELIVERED TO THE CITIZENS HOME,THE COST WILL GO DOWN CONSIDERABLY, MAYBE AS LOW AS $1.00 TO $2.00 PER HOUSEHOLD IF EVERYONE IN THE CITY WOULD PARTICIPATE, STATED THE ONLY WAY HE WOULD SUPPORT THIS IS THAT IT WOULD BE A NON-BINDING REFERENDUM AND THE MAJORITY OF THE CITIZENS WOULD SUPPORT THIS, WHAT HE HAS LEARNED IS THAT THE OPPORTUNITY TO PARTICIPATE IN RECYCLING EVEN IF IT'S$1.00 TO$2.00 PER HOUSEHOLD IS NOW ABLE TO BE OFFSET BY THE VENDORS OFFERING COUPONS FOR MERCHANDISE AND SERVICES,THIS WOULD EXCEED ON A MONTHLY BASIS THE CHARGED AMOUNT, COMMUNICATED TO STAFF IF THEY ARE APPROACHED BY ANY OF THESE VENDORS TO PLEASE HAVE A Minutes—November 4,2012 WORKSHOP ON THIS AND GIVE ENOUGH TIME FOR THIS TO BE ON THE BALLOT IN MAY, IF APPROVED BY COUNCIL, ALSO COMMENTED ON A FRIENDLY WAGER WITH COUNCILMEMBER SMITH ON THE LSU AND TEXAS A&M GAME, ANNOUNCED THE FEAST OF SHARING BY HEB ON FRIDAY,DECEMBER 7, 2012 AT 4:00 P.M.AT FORD PARK COUNCILMEMBER WRIGHT- COMMENTED ON THE CLOSING OF MOUTON CATERING AFTER 34 YEARS OF SERVICE,AS WELL AS LUNCH ON THE LAKE COUNCILMEMBER PATE- COMMENTED ON THE CLOSING OF MOUTON CATERING AFTER 34 YEARS OF SERVICE,AN OUTSTANDING AMBASSADOR OF THE COMMUNITY, AS WELL AS LUNCH ON THE LAKE, RECEIVED CALLS FROM CITIZENS STATING HOW BEAUTIFUL THE EVENT FACILITY IS COUNCILMEMBER SAMUEL- LUNCH ON THE LAKE WAS A WONDERFUL EVENT, RECEIVED SEVERAL CALLS IN REGARDS TO THE HEB ON E. LUCAS CLOSING, ACCORDING TO A REPRESENTATIVE FROM HEB, THERE ARE NO PLANS TO CLOSE THE HEB ON LUCAS COUNCILMEMBER SMITH- COMMENTED ON THE PRESIDENTIAL ELECTION, GREAT TURNOUT, ENCOURAGED EVERYONE TO CONTINUE TO TURN OUT BECAUSE IT'S THEIR RIGHT TO CAST THEIR VOTE, HOPE THERE WILL BE A HUGE TURNOUT FOR THE CITY ELECTION AS WELL, CONGRATULATED HIS SON JORDAN, WHO WON RE- ELECTION AT HIS SCHOOL,AS WELL AS HIS OLDEST SON WHO IS A FATHER OF TWO, HAS A NEW GRANDSON CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES- ABSENT MAYOR PRO TEM COLEMAN- THANKED THE HOG CHAPTER AND SANDRA WOMACK FOR ALL THAT THEY DO, REMINDED EVERYONE OF THE HEB FEAST OF SHARING,FRIDAY,DECEMBER 7,2012,4:00 P.M. TO 7:00 P.M.AT FORD PARK, IT'S FREE TO THE PUBLIC Public Comments (Persons are limited to three minutes) None Minutes—November 4,2012 With their being no other business, Council adjourned at 2:14 p.m. Audio a ble upon r uest in the City Clerk's Office. Ala Coleman, yor Pro Tem 1,1t(t o,l Tina Broussard, City Clerk i Minutes—November 4,2012