HomeMy WebLinkAboutMIN MAR 26 2013 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 March 26,2013 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 March 26, 2013, 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 5-6/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:33 p.m.
Reverend Harland Merriam of St. Andrews Presbyterian 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 Coleman, Councilmembers Getz,
Wright, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper,
City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
None
Public Comment: Persons may speak on scheduled agenda items 5-6/Consent Agenda.
Shirley Parsons Boyle 1035 20" St. Beaumont TX
Spoke regarding Item A on the Consent Agenda; License to Encroach Agreement located
at 1030 21 st St.
Darran Dollarhide 1030 21st St. Beaumont TX
Spoke regarding Item A on the Consent Agenda; License to Encroach Agreement located
at 1030 21St St.
A) Approve a resolution authorizing the execution of a License to Encroach Agreement
located at 1030 21St Street.
Councilmember Pate made a motion to approve Item A of the Consent Agenda.
Councilmember Getz seconded the motion.
Minutes—March 26,2013
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 13 — 065
CONSENT AGENDA
Approval of minutes - March 19, 2013
Confirmation of committee appointments - None
B) Approve a resolution authorizing the City Manager to execute an agreement with
Workforce Solutions Southeast Texas to provide the City of Beaumont with temporary
workers and provide employment opportunities for clients of Workforce Solutions
Southeast Texas— Resolution 13 - 066
C) Approve a resolution supporting the State of Texas funding the 2011 Texas Enacted
House Bill 442 for public safety communications — Resolution 13 - 067
Mayor Pro Tern Coleman made a motion to approve the Consent Agenda excluding Item
A. Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider an ordinance approving a specific use permit to allow a tutorial service nanM
H (Residential Multiple Family Dwelling-Highest Density) District at 1450 Wellington Circle.
Janice A. Brassard has applied for a specific use permit.
The City Council recently voted to allow this kind of use in an RM-H zoning district with a
specific use permit.
The proposed business, Miz B's Tutorials, is designed to help students of K-12 ages in
various subjects and with standardized test preparation. Miz B's also provides supervision
of home schooled children. The home school supervision will take place Monday through
Thursday from 9 a.m. to noon, while the tutoring sessions will be from 4 p.m. to 9 p.m.,
Monday through Thursday.
Minutes—March 26,2013
Impact on the adjacent properties is anticipated to be light, and is in keeping with the
nature of the existing uses already in the area. There are seven parking spaces located on
the property to accommodate employees. The students' parents typically drop off their
children at the facility. New landscaping is being planned to replace the old landscaping
that is causing damage to the existing structure and paved areas.
At a Joint Public Hearing held March 18, 2013, the Planning Commission recommended
approval 9:0 of the specific use permit with the following condition:
1. That the owner provide or modify an existing parking space for ADA compliance.
Approval of ordinance subject to the following condition:
1. That the owner provide or modify an existing parking space for ADA compliance.
COuncilmember Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW A TUTORIAL SERVICE IN A RM-H(RESIDENTIAL MULTIPLE FAMILY
DWELLING-HIGHEST DENSITY)DISTRICT AT 1450 WELLINGTON CIRCLE WITH THE CONDITIONS IN THE
CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 13 - 016
2. Consider an ordinance approving a specific use permit to allow a children's quarters in an
RS (Residential Single Family Dwelling) District at 2525 Rusk.
Justino Jaimes has applied for a specific use permit.
Mr. Jaimes has constructed a 624 sq.ft. accessory building in his back yard. This structure
includes two bedrooms, a bathroom, laundry room and a small living room. The purpose of
the structure is to help relieve the overcrowding in his two bedroom house.
The building extends over the rear property line and into the City-owned 20' alley to the
rear of the property. The encroachment into the alley is over 7 . This makes it necessary
for the owner to obtain a variance to the rear setback to the property line (he has
constructed the building crossing the property line)and a license to encroach into the City's
right-of-way.
At a Joint Public Hearing held March 18, 2013, the Planning Commission recommended
approval 9:0 of the specific use permit with the following conditions:
Minutes—March 26,2013
1. That the owner, obtain a variance to the minimum rear yard building setback
requirement.
2. That the owner, obtain a license-to-encroach permit.
3. The property owner shall file a deed restriction that the children's quarters shall be
used for housing family members only and shall not be rented.
Approval of ordinance subject to the following conditions:
1. That the owner, obtain a variance to the minimum rear yard building setback
requirement.
2. That the owner, obtain a license-to-encroach permit.
3. The property owner shall file a deed restriction that the children's quarters shall be
used for housing family members only and shall not be rented.
Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHILDREN'S QUARTERS WITH THE CONDITIONS,IN A
RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 2525 RUSK STREET IN THE CITY OF
BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 13 - 017
3. Consider an ordinance approving a specific use permit to allow a bank in a GC-MD-2
(General Commercial-Multiple Family Dwelling-2) District at 3625 Dowlen Road.
Orange Savings Bank has applied for a specific use permit.
The applicant has plans to construct a 5,000 sq. ft. bank building on the subject
property. At some time in the future, the bank may add an additional 2,000 sq. ft. The
one story building will be of masonry construction.
The proposed site plan shows landscaping to be installed within and along the Dowlen
Road frontage of the parking lot. An 8' tall screening fence will be installed along the
south property line to provide visual screening and security for the adjacent residential
areas. I n addition to the screening fence, a landscaped 10'wide landscape strip will be
required.
With the GC-MD-2 zoning, additional restrictions are in place to help mitigate the impact
of commercial development on adjacent residential properties. Additionally,this parcel
is in the Major/Dowlen Sign Overlay District,which means that there are more restrictive
sign regulations in force.
Minutes—March 26,2013
At a Joint Public Hearing held March 18, 2013, the Planning Commission
recommended approval 9:0 of the specific use permit with the following conditions:
1. In addition to the fence, provide a 10' wide landscape strip along the south
property line. Trees shall be planted every 25'.
2. The detached owner identification sign shall not exceed 6' in height and 70 sq.
ft. in area.
Approval of ordinance subject to the following conditions:
1. In addition to the fence, provide a 10' wide landscape strip along the south
property line. Trees shall be planted every 25'.
2. The detached owner identification sign shall not exceed 6' in height and 70 sq.
ft. in area.
Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A BANK IN A GC-MD-2(GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING-2)DISTRICT AT 3625 DOWLEN ROAD WITH THE CONDITIONS,IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 13 - 018
4. Consider an ordinance approving a specific use permit to allow a drinking place in a
GC-MD (General Commercial-Multiple Family Dwelling) District at 2898
Fannett Road.
Tasha Marshall and James Chevis have applied for a specific use permit.
The applicants would like to operate a night club in an existing commercial building
where adults can gather and play music and indoor games like pool and dominoes.
Wine and beer will be sold. The business will employ two people initially. The
applicants have noted that they will not affect the neighborhood in any adverse way.
Parking will be accommodated on existing lots adjacent to the across the street from
the building. The applicants have supplied written permission from the owner of the
parking lots indicating that the use of his parking lots is acceptable.
At a Joint Public Hearing held March 18, 2013, the Planning Commission
recommended approval 9:0 of the specific use permit with the following condition:
Minutes—March 26,2013
1. Access to parking areas must comply with Transportation Department
requirements as outlined below:
1) Front parking spaces may only be utilized for ADA parking.
2) For Transportation to accept the use of parking from neighboring
businesses, the applicant must either
A) Demonstrate that both businesses will not be operating while
the applicant is operating; or
B) Demonstrate that both businesses have sufficient parking for
their operations and extra parking sufficient for the applicant's
operations.
3) If Item 2 cannot be met, the applicant must submit plans for a new
parking lot located on site or within 400'that meets the requirements
for parking group #26 in the City's Code of Ordinances.
4) If adjacent parking facilities are utilized, the developer must provide
pedestrian facilities that prove safe access to the property.
Approval of ordinance subject to the following condition:
1. Access to parking areas must comply with Transportation Department
requirements as outlined below:
1) Front parking spaces may only be utilized for ADA parking.
2) For Transportation to accept the use of parking from neighboring
businesses, the applicant'must either
A) Demonstrate that both businesses will not be operating while
the applicant is operating; or
B) Demonstrate that both businesses have sufficient parking for
their operations and extra parking sufficient for the applicant's
operations.
3) If Item 2 cannot be met, the applicant must submit plans for a new
parking lot located on site or within 400' that meets the requirements
for parking group #26 in the City's Code of Ordinances.
4) If adjacent parking facilities are utilized, the developer must provide
pedestrian facilities that prove safe access to the property.
Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 2898 FANNETT ROAD WITH THE
CONDITIONS, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember
Wright seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM COLEMAN,COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Minutes—March 26,2013
Ordinance 13 - 019
5. Consider a resolution authorizing the City Manager to apply to the Gulf Tourism and
Seafood Promotional Fund to fund the study and design of Beaumont's waterfront
and access to area recreational amenities.
As a result of the Deepwater Horizon Incident, a$57 million fund, known as the Gulf
Tourism and Seafood Promotional Fund was established to promote tourism and
the seafood industries in the Gulf States. It is difficult to quantify the impact that the
Deepwater Incident had on our area's seafood and tourism industries and the
broader economy. However, because of our proximity to the Gulf and our location
on the primary east-west gulf highway(Interstate 10), it would follow that Beaumont
felt some degree of impact.
The availability of the these development funds offers a unique opportunity to seek
assistance to develop a plan to further enhance the public's access to our
waterfront as well as other fishing, birding and recreational activities within
tremendous natural areas along the Neches River. The grant application would
seek up to $250,000 to fund a consultant to study and design enhancements for
better access to these tremendous natural resources.
Gulf Tourism and Seafood Promotional Fund.
Approval of the resolution.
Councilmember Getz made a motion to APPROVE A RESOLUTION THAT THE CITY
MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING FOR
THE CITY OF BEAUMONT THROUGH THE GULF TOURISM AND SEAFOOD PROMOTIONAL FUND
IN AN AMOUNT UP TO $250,000 TO FUND THE STUDY AND DESIGN OF BEAUMONT'S
WATERFRONT AND ACCESS TO AREA RECREATIONAL AMENITIES. Mayor Pro Tern
Coleman seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM COLEMAN,COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 13 - 068
6. Consider a resolution authorizing the City Manager to enter into a contract with
Spindletop MHMR Services related to the use of HOME funds.
Minutes—March 26,2013
Spindletop MHMR is requesting a $363,933 grant from the 2011 and 2012 HOME
program allocations, related to the construction of a fifteen (15)unit development to
provide affordable housing for individuals who are homeless or at risk of becoming
homeless, and who have a mental illness, an intellectual developmental disability, a
substance abuse disorder or a combination of these disabilities.
Spindletop MHMR was awarded an 811 grant in the amount of$1,521,200 from the
Department of Housing and Urban Development for this project, estimated to cost
$2,085,133. With Spindletop's match of $200,000, the provision of $363,211 in
HOME funds would substantially fill this funding gap, making the project viable.
Although this grant would use most of the HOME funds for 2012, the only other
request for these funds have come from developers of Low Income Housing Tax
Credits (LIHTC) projects on Major Drive. One of these developers has withdrawn
their application to the State and the other is located outside of the city limits. The
reallocation of$53,000 from the 2011 Program Year to this project would come from
unused funds budgeted for the Briarbend LIHTC project, located off of Concord.
This project was developed but was funded through other sources.
Funds will come from the 2011 HOME program ($53,000) and the 2012 HOME
program ($310,211).
The Administration recommends approval.
Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY
MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SPINDLETOP
MHMR SERVICES TO GRANT $363,211 IN 2011 AND 2012 HOME FUNDS IN CONNECTION
WITH AN AFFORDABLE HOUSING PROJECT LOCATED WITHIN THE 2700 BLOCK OF SOUTH 8'
STREET. Councilmember Smith seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM COLEMAN,COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 13 - 069
PUBLIC HEARING
* Receive comments on the Public Services, Public Facilities and
Improvements and Emergency Solutions Grant line items of the
Consolidated Grant Program's 2013 Annual Action Plan
Open: 2:06 p.m.
Minutes—March 26,2013
None
Close: 2:06 p.m.
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH- THANKED TWO EMPLOYEES JASON ANDERSON AND
EASTEN LAZARD THEY BOTH WORK IN THE SOLID
WASTE DEPARTMENT, RECEIVED A PHONE CALL
FROM A CITIZEN WHO THEY ASSISTED, THE CITIZEN
WAS VERY PLEASED WITH THEIR ASSISTANCE AND
WANTED TO THANK THEM FOR ALL OF THEIR HELP
COUNCILMEMBER SAMUEL- STATED THAT HE WAS ENJOYING THE
WINTER/SPRING DAY, GLAD THAT SPRING HAS
SPRUNG,ANOTHER"GREAT DAY IN BEAUMONT"
COUNCILMEMBER PATE- WISHED EVERYONE A BLESSED PASSOVER AND A
HAPPY EASTER
COUNCILMEMBER WRIGHT- CONDOLENCES TO THE REAUD FAMILY ON THE LOSS
OF THEIR MOTHER, ENCOURAGED EVERYONE TO GO
OUT AND ENJOY THE TEXAS STATE FAIR
COUNCILMEMBER GETZ- CONDOLENCES TO THE REAUD FAMILY ON THE LOSS
OF THEIR MOTHER AND TO THE FAMILIES OF TERRY
DANIELS AND JUDGE CHARLES CARVER, WISHED
EVERYONE A HAPPY PASSOVER AND A HAPPY
EASTER
MAYOR PRO TEM COLEMAN- THANKED ALLISON GETZ FOR THE FINE JOB SHE DID
FOR SPONSORING THE GRAND BALL AS CHAIRMAN,
THERE WAS GREAT ATTENDANCE AND A FINE MEAL,
WISHED EVERYONE A HAPPY EASTER, ANNOUNCED
THAT THERE WILL BE A PRAYER VIGIL TO SUPPORT
THE HEALING OF THE BISD COMMUNITY, EVERYONE
IS INVITED TO COME OUT TO THE BISD
ADMINISTRATION PARKING LOT AT 4:00 P.M. ON
SUNDAY,APRIL 31,2013 CONCERNED CITIZENS MAY
LAY HANDS UPON THE ADMINISTRATION BUILDING
LIFTING UP ALL IN OUR COMMUNITY FOR HEALING AND
UNITY, THERE WILL BE INDIVIDUALS, FAMILIES AND
CHURCH GROUPS,ALSO A FEW PASTORS WILL SPEAK
Minutes—March 26,2013
CITY ATTORNEY COOPER- NONE
CITY MANAGER HAYES- STATED THAT THE CITY OF BEAUMONT HAS ENTERED
INTO AN AGREEMENT WITH THE FAA FOR THE USE OF
$47.8 MILLION OF THE MINERAL REVENUE AT THE
AIRPORT, THERE WILL BE A WORKSESSION ON NEXT
TUESDAY TO INFORM COUNCIL AS TO WHAT THE
FUNDS WILL BE USED FOR
MAYOR AMES- CONGRATULATED THE ENERGY MUSEUM ON THEIR
FUNCTION THIS PAST WEEK, JEB BUSH WAS THE
GUEST SPEAKER, HAD AN OPPORTUNITY TO
PARTICIPATE IN THE MAYOR FOR MEALS, IT'S
ALWAYS A GREAT DAY WHEN SHE GETS TO DELIVER
MEALS,ANNOUNCED ON SATURDAY,APRIL 6,2013,
THE CITY WILL PARTICIPATE IN THE TEXAS TRASH
OFF, IF ANYONE WOULD LIKE TO PARTICIPATE
PLEASE VISIT THE CITY'S WEB SITE, IF YOU HAVEN'T
PREREGISTERED PLEASE DO SO, ENCOURAGE
EVERYONE TO PARTICIPATE
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
Public Comments (Persons are limited to three minutes)
Shirley Parsons Boyle 1035 20th St. Beaumont TX
Asked that Council will keep in mind the homeowners and their property values
when making decisions when dealing with Encroachments
Open session of meeting recessed at 2:15 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Rashee Guillory vs. The City of Beaumont; No. E-188,778
J.A.I. Dining Services (Beaumont), Inc., et al vs. The City of Beaumont,
Texas, et al; No. 1:13-cv-00157
Minutes—March 26,2013
There being no action taken in Executive Session, Council adjourned.
Au 'o available upon request in the City Clerk's Office.
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Be Ame , ayor
Tina Broussard, City Clerk
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Minutes—March 26,2013