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Home My WebLink AboutMIN JAN 31 2017BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, At -Large Claude F. Guidroz, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III January 31, 2017 Robin Mouton, Mayor Pro Tem 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 January 31, 2017, 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 3 and 4/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor "Big" Jim Salles, with West End 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 Mouton, Councilmembers Guidroz, Getz, Wright, Pate and Samuel. 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 3 and 4/Consent Agenda. Angela Gates 4325 Brownstone Dr. Beaumont TX Spoke to Council on Agenda Item #3; Consider amending Chapter 2, Division 9, Section 2.02.241 of the Code of Ordinances related to the Animal Health Advisory committee January 31, 2017 Stacy Eberhardt 4625 Kandywood Drive Beaumont TX Spoke to Council on Agenda Item #3; Consider amending Chapter 2, Division 9, Section 2.02.241 of the Code of Ordinances related to the Animal Health Advisory committee Karen Kiesling 18323 Highway 326 N Beaumont TX Spoke to Council on Agenda Item #3; Consider amending Chapter 2, Division 9, Section 2.02.241 of the Code of Ordinances related to the Animal Health Advisory committee Monica Lee 2513 Judiway Houston TX Spoke to Council on Agenda Item #3; Consider amending Chapter 2, Division 9, Section 2.02.241 of the Code of Ordinances related to the Animal Health Advisory committee Amy Bean 9520 Fredrick Rd. Beaumont TX Spoke to Council on Agenda Item #3; Consider amending Chapter 2, Division 9, Section 2.02.241 of the Code of Ordinances related to the Animal Health Advisory committee Brian Sutton 1365 Manchester St. Beaumont TX Spoke to Council on Agenda Item #3; Consider amending Chapter 2, Division 9, Section 2.02.241 of the Code of Ordinances related to the Animal Health Advisory committee Mary Jane Bennine 3925 North St. Beaumont TX Spoke to Council on Agenda Item #3; Consider amending Chapter 2, Division 9, Section 2.02.241 of the Code of Ordinances related to the Animal Health Advisory committee Margaret Golias 3430 Evalon Beaumont TX Spoke to Council on Agenda Item #3; Consider amending Chapter 2, Division 9, Section 2.02.241 of the Code of Ordinances related to the Animal Health Advisory committee Teresa Bowyer 1111 Timbergrove Ln. Houston TX Thanked Council for their support of the Tax Credit Project, The Cottage at Old Dowlen Sam Parigi 445 N. 14th St. Beaumont TX Spoke to Council on Agenda Item #3; Consider amending Chapter 2, Division 9, Section 2.02.241 of the Code of Ordinances related to the Animal Health Advisory committee January 31, 2017 Randi Mirabella 13630 Rollinghills Dr. Beaumont TX Spoke to Council on Agenda Item #3; Consider amending Chapter 2, Division 9, Section 2.02.241 of the Code of Ordinances related to the Animal Health Advisory committee CONSENT AGENDA * Approval of minutes — January 24, 2017 * Confirmation of committee appointments — Resolution 17 - 018 Sina Nejad - Engineer would be reappointed to the Building Board of Appeals. The current term would expire January 24, 2019. (Mayor Becky Ames) Authorize the City Manager to execute all documents necessary for an affiliation agreement between the City of Beaumont and Texas Emergency System Training LLC - Resolution 17 —019 Councilmember Getz moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider a request fora Specific Use Permit to allow a wholesale food service merchandise store in a GC -MD (General Commercial Multiple -Family Dwelling District) located at 2520 Interstate Highway 10 East. Terry Woodard, of Terry Woodard Enterprises, Inc., proposes to build a 44,000 sq. ft. retail/wholesale center. Kommercial Kitchens, a wholesaler of commercial equipmenttothe food service industry and some retail sales to the public, will occupy approximately 22,000 sq. ft. with another 22,000 sq. ft. as rental space. Mr. Woodard states that a restaurant may occupy some of the leasable space. All utilities needed to serve the property are in existence. At a Joint Public Hearing held on January 23, 2017 the Planning Commission recommended 8:0 to approve a request for a Specific Use Permit for a wholesale food service merchandise store in a GC -MD (General Commercial Multiple -Family Dwelling District) with the following conditions: January 31, 2017 1. Property must be landscaped to meet ordinance requirements. 2. Dumpster must be set back no less then twenty-five (25) feet or be completely screened on a minimum of three (3) sides with a gate. 3. Sidewalk must be installed along the access road. 4. Change the street from 9th Street to 10th Street on the site plans. Approval of the ordinance with the following conditions: 1. Property must be landscaped to meet ordinance requirements. 2. Dumpster must be set back no less then twenty-five (25) feet or be completely screened on a minimum of three (3) sides with a gate. 3. Sidewalk must be installed along the access road. 4. Change the street from 9th Street to 10th Street on the site plans. Councllmember GuldroZ moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WHOLESALE FOOD SERVICE MERCHANDISE STORE IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 2520 INTERSTATE HIGHWAY 10 EAST WITH THE CONDITIONS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 17 - 004 2. Consider a request for an abandonment of a portion of the Crockett Street right-of-way between Park Street and Orleans Street. The City of Beaumont is requesting abandonment of the Crockett Street right-of-way. The requested portion of right-of-way extends from the northeast right-of-way line of Park Street to the southwest right-of-way line of Orleans Street and is approximately 61.11 feet wide and 300 feet long. This property is currently used as part of a parking lot, which the city has leased in the past. The city would now like to sell the public lot, but several of the parking spaces are located in the right-of-way. Due to existing water, sewer and traffic light equipment within the right-of-way, an easement will be required. At a Joint Public Hearing held on January 23, 2017 the Planning Commission recommended 8:0 to approve a request for an abandonment of a portion of the Crockett Street right-of-way with the following conditions: 1. That an easement is retained as per the applicant's request. January 31, 2017 Councilmember Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF THE CROCKETT STREET RIGHT-OF-WAY BETWEEN PARK STREET AND ORLEANS STREET WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; AND RETAINING A GENERAL UTILITY EASEMENT. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 17 — 005 3. Consider amending Chapter 2, Division 9, Section 2.02.241 of the Code of Ordinances related to the Animal Health Advisory Committee. On January 10th, the City Council held a work session to review and discuss proposed changes to the City's Animal Services ordinance. In addition to the changes in the ordinance, the Administration recommends making changes to the Animal Health Advisory Committee. The following changes are being proposed: • Change the name of the committee from "Animal Health Advisory Committee" to "Animal Care Advisory Committee." • Reduce the number of committee members from eight (8) to seven (7) by removing the Director of Health from the committee. • Allow the Mayor, instead of the Police Chief, to make recommendations concerning the "residents -at -large" committee appointments. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2.02, DIVISION 9, SECTION 2.02.241 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES RELATING TO THE ANIMAL HEALTH ADVISORY COMMITTEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING PENALTY. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 17 — 006 January 31, 2017 4. Consider amending Chapter 10, Section 10.01.008 (Health Fees) and Chapter 4 (Animal Control) of the Code of Ordinances. On January 10th, the City Council held a work session to review and discuss proposed changes to the City's Animal Services ordinance. The changes that were discussed during that work session are as follows: Chapter 10 • Remove all "Animal services" fees currently listed under Chapter 10, Section 10.01.008 Chapter 4 • Rename the division from "Animal Services" to "Animal Care" • Increase the pet limit per household from four (4) dogs and/or cats to eight (8) dogs and/or cats • Regulate the transportation of animals within motor vehicles • Increase the validity of a rabies vaccination from one (1) year to three (3) years • Prohibit the possession of venomous snakes within the City limits • Limit the number of constrictors that can be kept at one residence • Add Article 4.09 related to Animal Care Fees o Reduce the reclaim fee to $45 per occurrence o Add a microchipping fee if a citizen request the service o Streamline the kennel fee to $50 per year regardless of the number of animals o Increase the adoption fee for dogs and cats The above changes are being recommended by the Animal Health Advisory Committee. Approval of ordinance. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE REPEALING CHAPTER 10, ARTICLE 10.01, SECTION 10.01.008, SUBSECTION 10.01.008(11); AMENDING SECTIONS 4.01.001, 4.01.002, 4.01.003, 4.01.004, 4.01.005, 4.01.006, 4.01.008, SUBSECTION 4.01.009(A); ADDING AN NEW SECTION 4.01.010; RENUMBERING AND AMENDING SECTIONS 4.01.011 AND 4.01.012; ADDING ANEW RENUMBERED AND AMENDED SECTION 4.01.013; AMENDING SECTIONS 4.02.001, 4.02.002, AND 4.02.003; ADDING NEW SECTIONS 4.02.004; AMENDING SECTIONS 4.03.001, 4.03.002, 4.03.003, 4.03004, 4.03.005, AND 4.03.006; REPEALING SECTION 4.03.007; AMENDING SECTIONS 4.04.001, 4.04.002, 4.04.003, 4.04.004, 4.04.005, 4.04.006, 4.04.007, AND 4.04.008; AMENDING SUBSECTION 4.05.001(6), SECTIONS 4.05.002, 4.05.003, 4.05.004, 4.05.005, 4.05.006, AND SUBSECTION 4.05.007(c); AMENDING SUBSECTION 4.06.001(A), SUBSECTION 4.06.001(c). SUBSECTION 4.06.001(c)(5), SECTION 4.06.002, 4.06.003, 4.06.004, 4.06.005, 4.06.006, 4.06.008, 4.06.009, 4.06.010, AND 4.06.011; ADDING A NEW SECTION 4.06.012 ADDING ANEW ARTICLE 4.07, ANEW ARTICLE 4.08 AND ANEW ARTICLE 4.09 OF CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES AND ADDITIONS RELATING TO January 31, 2017 HEALTH CODE AND ANIMAL CARE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 17 — 007 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. WORK SESSION * Receive information related to proposed tax credit projects: Development Name Oaklake on Alpine Bexley Court Lumberton Village Location 6075 Alpine (N. side of 105, east of Alpine) 208 S. MLK 7876 Harvest Moon, Lumberton Retreat at Wendelin Drive 5945 College Size & Type 100 Units -Senior 72 Units -Senior 96 Family Units Unknown There were two tax credit project representatives that spoke, they are as follows: Mark Feaster 10210 N. Central Expressway, #300 Dallas TX Project: Bexley Court Chris Akbari 208 S. MLK 3735 Honeywood Project: Retreat at Wendelin Dr. 5945 College 72 Units -Senior Review and discuss proposed plans for Riverfront Park Port Arthur Kyle Hayes, City Manager, reviewed and discussed proposed plans for Riverfront Park. City Manager, Hayes discussed the proposed improvements to Riverfront Park in the budgeted amount of $3,000,000, which includes access and drainage improvements, a splash park, a food truck park, January 31, 2017 restrooms, lighting and landscaping improvements, contingency, engineering and construction management. COMMENTS Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM MOUTON - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER PATE - NONE COUNCILMEMBER WRIGHT - NONE COUNCILMEMBER GETZ - NONE COUNCILMEMBER GUIDROZ - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - NONE Public Comments (Persons are limited to three minutes) Larry Gothia P.O. Box 20042 Beaumont TX Spoke to Council regarding City employees that bust up infrastructure and tear up concrete then fill the holes with sand, rocks and lose gravel, the City is being setup for an accident, also spoke in regards to the closing of Pearl Street, if a worst case scenario would happen how would citizens evacuate, stated that he's not comfortable with using the underpasses, also passed pictures out to Council regarding damaged infrastructure throughout the City Teresa Bowyer 1111 Timbergrove Ln. Houston TX Brought up a few points of clarification in regards to the tax credit projects, stated that this year the applicants are coming to the City of Beaumont, it is essentially guaranteed that a project will be awarded in the City of Beaumont, also stated that her project did apply for the fee waiver, it was her understanding that because they weren't in an enterprise zone they wouldn't be eligible, at this time they would like to apply for that fee waiver and if they don't get it then they would be at a disadvantage and the points wouldn't be neutral January 31, 2017 Worth Moffett 210 Dr. Michael Bakey Dr. Lake Charles LA Spoke to Council regarding the Tax Credit Project, stated that they have met with all Councilmembers with the exception of Councilmember Getz, spoke about being local and the property that his company has purchased and some land that has been donated to the Drainage District as well as some other things that they have done throughout the City Dale Parish 628 Parish Rd. Orange TX Stated that he was with the Big Thicket Association, stated they have enjoyed their association with the City and using Riverfront Park and Colliers Ferry Park to take citizens and school children into the Thicket, stated that there is some deterioration to the dock where they tie up at Riverfront, wondered if the City could examine the bulk head, sheep collar and wooden fenders, they are becoming very boat unfriendly as they age, invited Council to take a tour with them as they resume in March Open session of the meeting recessed at 4:50 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: 2175 W. Lucas Owner: Joseph Butler 2445 San Jacinto Owner: Troy Booker 998 Van Buren Owner: Rosanna Graham City of Beaumont v. Paul Victor Morrell, et al Potential Claim against APAC-Texas, Inc. Cynthia Faye Roberts v. City of Beaumont; Cause No. D-198,042 There being no action taken in Executive Session, Council adjourned. io available upon request in the City Clerk's Office. Tina Broussard, City Clerk January 31, 2017