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HomeMy WebLinkAboutMIN MAR 25 2014M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tem Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III March 25, 2014 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 25, 2014, 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 1:30 p.m. Pastor Eddie McGriff with House of Prayer Missionary Baptist Church gave the invocation. Councilmember Getz led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Councilmembers Coleman, Getz, Pate, Samuel (arrived at 1:35 p.m.) and Smith. Absent: Mayor Pro Tem Wright. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Mayor Pro Tem Wright was absent due to illness. Proclamations, Presentations, Recognitions "Celebrate the Importance of Education Day" - March 25, 2014 - Proclamation read by Councilmember Smith; accepted by Kate Leverett with Leadership Beaumont, along with Leadership Beaumont members "YMBL South Texas State Fair Days" - March 27, 2014 - Proclamation read by Mayor Ames; accepted by Bill Collins, Fair Chairman, and other YMBL members Public Comment: Persons may speak on scheduled agenda items 5 & 6/Consent Agenda. None Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Minutes — March 25, 2014 CONSENT AGENDA Approval of minutes - March 18, 2014 Confirmation of committee appointments — Resolution 14 - 063 Linda Cooper would be reappointed to the Library Commission. The current term would expire September 27, 2014. (Councilmember Mike Getz) Marie Broussard would be reappointed to the Historic Landmark Commission. The current term would expire September 3, 2015. (Councilmember Mike Getz) Connie Berry would be reappointed to the Community Development Advisory Committee. The current term would expire September 12, 2015. (Councilmember Mike Getz) Arthur E. Berry would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 30, 2015. (Councilmember Mike Getz) Carol Dixon would be reappointed to the Convention and Tourism Advisory Board. The current term would expire March 1, 2016. (Councilmember Jamie D. Smith) A) Approve a resolution authorizing the City Manager to submit an application to the Texas Department of 'Transportation for temporary use of State of Texas right-of-way for the Neches River Festival Parade — Resolution 14 - 064 B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer, improvements in West Chase Village, Section Ten -Phase II — Resolution 14 - 065 C) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in The Meadows Subdivision Phase II West — Resolution 14 - 066 Councilmember Getz moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance approving a zone change from A -R (Agricultural -Residential) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District with a specific use permit to allow an assisted living/memory care facility on property located on the east side of Major Drive, just north of Village Drive. Minutes — March 25, 2014 David Krukiel for Three Willows Land Development, LLC and representing Avalon Homes is requesting a zone change and specific use permit. Avalon Homes would like to build a privately funded 30 -bed non-medical assisted living facility that specializes in care for the memory impaired. The facility will consist of three single -story structures with different facades in order to create a "neighborhood" like environment. Each structure will be designed to appear as a single-family home including a yard, kitchen and living spaces. Avalon specializes in care for patients with memory impairment diseases such as dementia and its most common form, Alzheimer's. Staff is on site and residents are monitored 24 -hours a day. Facilities have a high direct caregiver -to -resident ratio and have been designed to provide a highly secured environment. Staff believes this facility would provide a much needed buffer to existing single family development to the east and future commercial development fronting on Major Drive. At a Joint Public Hearing held March 17, 2014, the Planning Commission recommended 7:0:1 to approve a zone change from A -R (Agricultural -Residential) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District with a specific use permit to allow an assisted living/memory care facility on property located on the east side of Major Drive, just north of Village Drive subject to the following conditions: 1. Must seek approval from TxDOT for driveway. (Transportation) 2. Parking shall be provided for staff and visitors only. (Transportation) 3. Must pass Environmental Health inspections. (Health) 4. Storm water and drainage system shall be designed for a 100 year flood frequency with final design being approved by the City and TxDOT. 5. The detention pond shall be maintained by the owner. 6. Provision for an 8' wooden privacy fence where the property abuts residentially zoned property Approval of ordinance subject to the following conditions: 1. Must seek approval from TOOT for driveway. (Transportation) 2. Parking shall be provided for staff and visitors only. (Transportation) 3. Must pass Environmental Health inspections. (Health) 4. Storm water and drainage system shall be designed for a 100 year flood frequency with final design being approved by the City and TxDOT. 5. The detention pond shall be maintained by the owner. 6. Provision for an 8' wooden privacy fence where the property abuts residentially zoned property. 7. Provide a 50ft landscape buffer along the eastern property line. Minutes — March 25. 2014 Councilmember Coleman 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 OF PROPERTY PRESENTLY ZONED A- R (AGRICULTURAL -RESIDENTIAL) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT OR MORE RESTRICTIVE DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF MAJOR DRIVE JUST NORTH OF VILLAGE DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 14 - 011 Councilmember Coleman moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ACCEPTING THE SPECIFIC USE PERMIT BY ADDING AMENDMENT ##7 TO AMEND THE SIGHT PLAN TO PROVIDE A 50FT LANDSCAPE BUFFER ALONG THE EAST PROPERTY LINE WITH THE DEVELOPMENT REMAINING WITHIN THE BOUNDARIES OF THE PROPERTY BEING REZONED TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT ON PROPERTY LOCATED ON THE EAST SIDE OF MAJOR DRIVE, JUST NORTH OF VILLAGE DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 14 - 012 2. Consider an ordinance approving a specific use permit to allow a second dwelling unit on property zoned RS (Residential Single Family Dwelling) District at 8520 Spurlock Road. Dr. Deiparine is requesting a specific use permit. The applicant recently built a barn behind his residence located on his nine acre tract of property. The 4,500 sq. ft. building includes a storage area and a game Minutes — March 25, 2014 room. Dr. Deiparine is requesting this specific use permit to also allow a living unit in this accessory structure for family members. At a Joint Public Hearing held March 17, 2014, the Planning Commission recommended 8:0 to approve a specific use permit to allow a second dwelling unit on property zoned RS (Residential Single Family Dwelling) District at 8520 Spurlock Road with the following condition: 1. The second dwelling unit will not be leased. Approval of ordinance with the following condition: 1. The second dwelling unit will not be leased. COuncilmember Smith moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE WITH THE CONDITION, GRANTING A SPECIFIC USE PERMIT TO ALLOW A SECOND DWELLING UNIT ON PROPERTY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 8520 SPURLOCK RD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 14 - 013 3. Consider an ordinance approving a specific use permit to allow health screening services in an RCR-H (Residential Conservation and Revitalization -Historic) District at 2263 North Street. Tanya Freeman with MW Clinical Research is requesting a specific use permit. MW Clinical Research is a privately owned facility that provides clinical trials. Pharmaceutical companies rely on such centers to test new medications before applying to the FDA for permission to market the medication. Activities to be conducted at this location may include completion of questionnaires, collection of vital signs and labs and dispensing of study medications. As this is an existing office building in Old Town and no construction is proposed, a waiver of the landscaping/screening requirements is recommended. At a Joint Public Hearing held March 17, 2014, the Planning Commission recommended 8:0 to approve a specific use permit to allow health screening Minutes — March 25, 2014 services in an RCR-H (Residential Conservation and Revitalization -Historic) District at 2263 North Street with a modification to the landscaping/screening requirements (no additional landscaping or screening requirements along the south, east and west property lines). Approval of ordinance with a modification to the landscaping/screening requirements (no additional landscaping or screening requirements along the south, east and west property lines). Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW HEALTH SCREENING SERVICES IN AN RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION -HISTORIC) DISTRICT AT 2263 NORTH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 14 - 014 4. Consider an ordinance approving a specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District at 7510 Tolivar Road. Jeannie Gurley with Proteus -Services on behalf of Banah Partners is requesting a specific use permit. The applicant would like to construct a 180' monopole cellular tower on property that is owned by Banah Partners. Christus St. Elizabeth Medical Group currently has a facility located on the northeast portion of the property. Ms. Gurley states that a new cell site location is necessary to provide coverage to their customers. The new tower will improve network coverage for Verizon Wireless customers in the Beaumont area. Due to customers depending on wireless more and more each day for calls and data service, Proteus is committed to providing a reliable wireless network. At a Joint Public Hearing held March 17, 2014, the Planning Commission recommended 8:0 to approve a specific use permit to allow a cellular tower in a GC - MD (General Commercial -Multiple Family Dwelling) District at 7510 Tolivar Road with the following condition: Minutes - March 25, 2014 Provide buffer landscaping/screening around the perimeter of the lease site. Approval of ordinance subject to the following condition: Provide buffer landscaping/screening around the perimeter of the lease site. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE WITH THE CONDITION, GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLUAR TOWER IN A GC - MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 7510 TOLIVAR ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 14 - 015 5. Consider a resolution approving the award of a bid to Brystar Contracting, Inc. of Beaumont for the Washington Boulevard Pavement and Drainage Improvement Project Phase I (Amarillo to Martin Luther King Parkway). Four bids were received on March 13, 2014 for the Washington Boulevard Project from Amarillo to Martin Luther King Parkway (Phase 1) project. Included in the project is the widening of the street to provide a continuous center left turn lane, replacement: of water and sanitary sewer lines, upgrading storm water conveyances and five (5) foot sidewalks on both sides of the street. The contract time for completion of this project is 540 calendar days. Brystar plans to subcontract 11 % of the project to certified MBE/HUB companies. Councilmember Smith moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS, IN THE AMOUNT OF $16,478,838.95 FOR THE WASHINGTON BOULEVARD PAVEMENT AND DRAINAGE IMPROVEMENT PROJECT PHASE 1 (AMARIILLO TO MARTIN LUTHER KING PARKWAY. Councilmember Samuel seconded the motion. AYES;; MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE Minutes — March 25, 2014 MOTION PASSED Resolution 14 - 067 6. Consider an ordinance authorizing the participation by the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy before the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in 2014. The City of Beaumont is statutorily given the responsibility of exclusive original jurisdiction over the rates, operation and services of Entergy Texas, Inc. (ETI), which provides electric utility services in the City of Beaumont. To ensure that ETI is providing fair, just and reasonable rates and efficient services to the area, the City of Beaumont continually assesses the ongoing efforts of ETI in the services it provides to the citizens of Beaumont. This is accomplished primarily through the combined efforts of the cities in the Entergy service area with similar jurisdictional responsibilities. It is anticipated that ETI will initiate various proceedings in 2014 either before the service area cities, the Public Utility Commission of Texas or the Federal Energy Regulatory Commission. With the completion of the transition to the Midwest Independent. System Operator (MISO) and the expedited termination of its system operating agreement, it is expected that ETI will file a rate case to modify its schedules and tariffs to reflect its operations as a stand alone utility. Entergy is also expected to file fuel factor proceedings and other fuel proceedings at the Public Utility Commission this year to reconcile fuel, to refund or surcharge fuel charges and to change the fuel mechanism together with various surcharge requests which would impact rates. In order to maintain fair, just and reasonable rates and efficient services to the rate payers, it is critical that the cities participate in these various proceedings. The proposed ordinance allows the City of Beaumont to continue its participation as a member of the Steering Committee of cities within the ETI service area to monitor the operation and services provided by ETI to the citizens of Beaumont. The ordinance also authorizes the hiring of utility consultants and lawyers through the Steering Committee to facilitate the efforts of the service area cities. The reasonable expenses associated with rate related matters are reimbursable by the company pursuant to the Public Utility Regulatory Act of Texas. Administration recommends approval of an ordinance authorizing the City of Beaumont's participation with other Entergy Texas service area cities in matters concerning Entergy before the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in the year 2014. Minutes — March 25, 2014 Councllmember Coleman moved to ADOPT AN ORDINANCE OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS AND THE FEDERAL ENERGY REGULATORY COMMISSION IN 2014. Councilmember Smith seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 14 - 016 PUBLIC HEARING Receive comments on the Public Services, Public Facilities and Improvements line items of the Consolidated Grant Program's 2014 Annual Action Plan Open — 2:11 p.m. Lyle Sanders 3215 Golf Beaumont TX Spoke regarding the line item that deals with minor repairs, stated that he has been waiting on repairs to be made to his home for several years, he has contacted the City and they continue to tell him that he's on the list but he still hasn't gotten any help Close — 2:18 p.m. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - COMMENTED ON THE MEALS ON WHEELS PROGRAM, HAD A GREAT TIME AT THE CROSSING'S APARTMENT FOR SENIORS, THANKED ROBERT REYNA AND BHA STAFF FOR A GREAT FACILITY FOR SENIORS, MENTIONED THE YMBL TEXAS STATE FAIR ENCOURAGED EVERYONE TO ATTEND, ALSO ANNOUNCED THE "KIDS-A-PALOOZA", THIS WILL BE A TRIATHLON FOR THE YOUTH, IT WILL TAKE PLACE ON MAY 31, 2014, THERE WILL ALSO BE A FUNCTION AFTERWARDS AT THE WELLNESS CENTER Minutes — March 25, 2014 COUNCILMEMBER GETZ - COMPLIMENTED LAMAR UNIVERSITY ON AN EXCELLENT EVENT OVER THE WEEKEND, THE LA GRAND BAL, A BENEFIT FOR THE FINE ARTS DEPARTMENT, THERE IS ANOTHER CHARITABLE EVENT COMING UP THIS WEEKEND, THE ANNUAL MOONLIGHT MASQUERADE BALL, COMMENTED ON THE TEXAS STATE FAIR ENCOURAGED EVERYONE TO ATTEND MAYOR PRO TEM WRIGHT - ABSENT COUNCILMEMBER PATE - ASKED THAT EVERYONE KEEP COUNCILMEMBER WRIGHT IN THEIR PRAYERS UNTIL SHE RETURNS, COMPLIMENTED LAMAR UNIVERSITY ON THEIR SELECTION OF A NEW BASKETBALL COACH, TIC PRICE WHO IS AN OUTSTANDING INDIVIDUAL AND WILL BE A GREAT ASSET FOR LAMAR, COMMENTED ON THE LA GRAND BAL WHERE THEY HONORED MARY JANE GARTH, THE GARTH AND TERRELL FAMILY HAVE DONE A LOT FOR THE CITY, ALSO COMMENTED ON THE YMBL STATE FAIR ENCOURAGED EVERYONE TO SUPPORT THE YMBL, ON SATURDAY, MARCH 29, 2014, THE HERITAGE SOCIETY WILL HOSTING AN EVENT, REMINDED EVERYONE ABOUT LUNCH ON THE LAKE EVERY MONDAY AT THE EVENT CENTER COUNCILMEMBER SAMUEL - ANOTHER GREAT DAY IN BEAUMONT, ASKED THAT EVERYONE KEEP COUNCILMEMBER WRIGHT IN THEIR PRAYERS FOR A SPEEDY RECOVERY, MENTIONED THE SELECTION OF TIC PRICE AS THE NEW BASKETBALL COACH AT LAMAR UNIVERSITY, ANNOUNCED THE BEAUMONT TRASH OFF ON APRIL 5, 2014, ASKED EVERYONE IN THE CITY TO TRY AND TAKE PART, ANYONE INTERESTED MAY SIGN UP AT THE CITYOFBEAUMONT.GOV, LOOKING FORWARD TO THE YMBL STATE FAIR, ENCOURAGED EVERYONE TO ATTEND COUNCILMEMBER SMITH - WISHED COUNCILMEMBER WRIGHT A SPEEDY RECOVERY, COMMENTED ON THE YMBL STATE FAIR, ENCOURAGED EVERYONE TO ATTEND Minutes — March 25, 2014 CITY ATTORNEY COOPER - ANNOUNCED THE ESTATE SALE FOR HOTEL BEAUMONT, STARTING AT 9:00 A.M. TO 3:00 P.M. ON MARCH 27 — 29, 2014 CITY MANAGER HAYES - ANNOUNCED THE RETIREMENT PARTY OF BRENDA BEADLE ON TODAY AT 4:00 P.M. AT THE EVENT CENTER, STATED SHE HAS BEEN EMPLOYED WITH THE CITY FOR 40 YEARS MAYOR AMES - STATED SHE ATTENDED THE 35 YEAR CHURCH ANNIVERSARY OF REV. OVEAL WALKER, WISHED BRENDA BEADLE A HAPPY RETIREMENT WITH 40 YEARS OF SERVICE, COMMENTED ON BISHOP CURTIS GUIDRY WHO CELEBRATED THIS PAST WEEK THE CHRISM MASS AND BLESSED THE ST. JOSEPH ALTER, FOLLOWING THE MASS THERE WAS A LUNCHEON HELD ST. ANTHONY CATHEDRAL BASILICA, ANNOUNCED THE TEXAS TRASH OFF ON SATURDAY, APRIL 5, 2014, THIS WILL BE THE THIRD YEAR THAT THE CITY HAS PARTICIPATED, IF ANYONE IS INTERESTED THEY CAN VISIT CITYOFBEAUMONT. GOV TO SIGN UP, MENTIONED THE GROUND BREAKING FOR OCI WHICH IS A METHANOL PLANT THAT WILL BE BUILT IN THE CITY LIMITS OF BEAUMONT, THIS IS A BILLION DOLLAR PROJECT, THANKED EVERYONE THAT WAS INVOLVED, IT'S THE LARGEST PROJECT THAT HAS EVER BEEN BUILT IN THE CITY OF BEAUMONT Public Comments (Persons are limited to three minutes) David Pete 4390 Corley Avenue Beaumont TX Stated that it was brought to his attention that the City Council has not adopted an ethics provision relating to the Councilmembers, wondered why this has not been done, there have been some occurrences where certain Councilmembers have conducted themselves unseemly, stated that he has addressed this with the Mayor at one point and time in regards to criminal misbehavior, this has fallen on deaf ears, commented on the Planning Commission in regards to the property and funds that are available versus funds being unavailable, also commented on the Hotel and Water Park that's being discussed by Ford Park and the City of Beaumont Minutes - March 25, 2014 Carl Gerace 8040 Village Dr. Beaumont TX Commented on Item #1 on the agenda; stated that the boundary line that was approved by Council was incorrect, he requested that Council extend 50ft from the southern boundary of the property and Council voted to extend 50ft from the eastern boundary of the property Open session of meeting recessed at 2:45 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont v. Sunland Construction, Inc. and TransCanada Keystone Pipeline, LP Robert Louis Patillo vs. The City of Beaumont; Case No. A-194,989 There being no action taken in Executive Session, Council adjourned. in the City Clerk's Office. Tina Broussard, City Clerk Minutes — March 25, 2014