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MIN MARCH 25 2003 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith, Mayor Pro Tern EVELYN M. LORD, MAYOR Guy N. Goodson Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson March 25,2003 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager Susan Henderson,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on March 25, 2003, 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 * Consent Agenda Mayor Evelyn Lord called the meeting to order at 1:30 p.m. Councilmember Bobbie Patterson led the invocation. Students from Dunbar and MLK Schools led the pledge of allegiance. Roll call was made by Susan Henderson, City Clerk. Present at the meeting were: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson. Also, present was Kyle Hayes, City Manager; Lane Nichols, City Attorney; Susan Henderson, City Clerk; and Betty Braxton, Deputy Clerk. Proclamations, Presentations and Recognitions * A Proclamation was read by Mayor Pro Tern Smith recognizing March 14 through March 28, 2003 as Texas Duck Days, a program designed to promote tobacco prevention. Judy Cornelius,Tobacco Prevention Specialist with the Beaumont City Health Department,students from Martin Luther King Elementary and Dunbar Elementary Schools and the Texas Duck Days Mascot received the Proclamation. * A special Invitation was given to City Council and to the citizens of Beaumont from Jim Love, with Clear Channel Broadcasting, to attend "Rally for America" on Saturday, March 29, 2003 from 2:00 p.m. til 4:00 p.m. at Riverfront Park. 'Rally for America' is an event being sponsored by Clear Channel Broadcasting for the community to show support for the troops protecting freedom in the United States and overseas. Public Comment: Persons may speak on items listed on scheduled Agenda Items 5 and 6 and the Consent Agenda. Jackie Binks No address given Mr, Binks addressed Council in reference to Agenda Item No. 6: A request to abandon an un- named and undeveloped 60' x 314.54' portion of right-of-way, west of N. Major Drive and south of the LNVA Canal. Mr. Binks is one of the property owners. He thanked City staff for their help in preparing all pertinent information for Council review. He also thanked Council in advance for their support of this request. CONSENT AGENDA * Approval of minutes - Minutes of March 18, 2003 * Confirmation of committee appointments - None A) Approve a resolution authorizing the acquisition of a 10-foot by 365 foot strip of property on Walden Road at Major Drive and authorize the City Managerto execute an agreement with the property owners on the disbursement of the proceeds - Resolution 03-065 B) Approve a resolution authorizing the City Manager to decrease the Water Line Replacement of Small Diameter Mains Contract-II amount for "deleted work" - Resolution 03-066 C) Approve a resolution authorizing the City Manager to execute the Form ROW U-43, the Three Party Utility Agreement for the Unocal Pipeline Company, on the FM 364 Major Drive Improvement Project - Resolution 03-067 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Goodson seconded the motion. MOTION PASSED. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS GOODSON, COKINOS,AMES, SAMUEL AND PATTERSON NAYS: NONE Minutes -March 25,2003 Page 2 GENERAL BUSINESS 1. Consider approving a zone change from RS (Residential Single Family Dwelling)to GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a fence contractor at 8105 Highway 105. At a Joint Public Hearing with City Council held March 17, 2003,the Planning Commission voted 8:0 to deny the request for a zone change from RS to GC-MD-2 District and a specific use permit to allow a fence contractor at 8105 Highway 105. Administration also recommends denial of this request. City Attorney Lane Nichols advised Council to vote on each request separately. Councilmember Samuel moved to deny a request for a zone change from RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Councilmember Ames seconded the motion. MOTION PASSED. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS GOODSON, COKINOS,AMES, SAMUEL AND PATTERSON NAYS: NONE City Attorney Lane Nichols stated that by Council denying the zone change, the specific use permit request could not occur, therefore Council did not need to vote on the specific use permit request. 2. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density)and GC-MD(General Commercial-Multiple Family Dwelling)to HI (Heavy Industrial) District for the property located between Irving and St. Anthony and between McGovern and Schwarner Street. At a Joint Public Hearing with City Council held March 17, 2003,the Planning Commission voted 8:0 to deny the request for a zone change from RM-H and GC-MD to HI District for the property located between Irving and St. Anthony and between McGovern and Schwarner Street, but allow the applicant to resubmit a different application within 12 months. Administration also recommended denial of this request because it would constitute spot zoning. Administration did recommend that the applicant be allowed to resubmit a different application within 12 months. Councilmember Samuel moved to deny a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)and GC-MD (General Commercial Multiple Family Dwelling)to HI (Heavy Industrial) District for the property located between Irving and St. Anthony and between McGovern and Schwarner Street. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS GOODSON, COKINOS,AMES, SAMUEL AND PATTERSON NAYS: NONE Minutes -March 25,2003 Page 3 2. Consider a request for a specific use permit to allow a funeral home in an RCR(Residential Conservation and Revitalization) District at 1685 Park Street. At a Joint Public Hearing with City Council held March 17, 2003,the Planning Commission voted 8:0 to approve the request for a specific use permit to allow a funeral home in an RCR District at 1685 Park Street, subject to revising the parking lots to allow for the required 6' landscape strips along the parking lot perimeters on Craig, Pennsylvania and Royal, construction of the proposed parking lots prior to the issuance of a certificate of occupancy and with a modification to the screening requirement along the property line with the residential structure at the corner of Pennsylvania and Royal. Councilmember Samuel stated he would vote against this request due to the number of telephone calls he received from citizens expressing their opposition against this request. He noted that the City does not regulate business types, as long as a business meets all other necessary requirements to open. Mayor Pro Tern Smith moved to approve Ordinance No. 03-019 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FUNERAL HOME IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 1685 PARK STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Goodson seconded the motion. MOTION PASSED. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS GOODSON, COKINOS,AMES,AND PATTERSON NAYS: COUNCILMEMBER SAMUEL 3. Consider approving a specific use permit to allow a child care facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4195 Treadway. At a Joint Public Hearing with City Council held March 17,2003,the Planning Commission voted 8:0 to approve a specific use permit to allow a child care facility in an RM-H District at 4105 Treadway, subject to any detached owner identification sign shall be a monument sign and with a modification to the landscaping/screening requirements along the south and west sides of the property. Administration recommended approval subjectto applicant complying with stipulations listed above. Mayor Pro Tern Smith moved to approve Ordinance No.03-020 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHILD CARE FACILITY IN AN RMH (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 4195 TREADWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Goodson seconded the motion. MOTION PASSED. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS GOODSON, COKINOS,AMES, SAMUEL AND PATTERSON NAYS: NONE Minutes -March 25,2003 Page 4 4. Consider approving a request to abandon a 60'x 100' section of Van Buren Avenue right- of-way at Holly Street. At a Regular Meeting held March 17, 2003, the Planning Commission voted 5:0:1 to approve the request to abandon a 60' x 1 00' section of Van Buren Avenue right-of-way at Holly Street. Administration recommended approval of the request. Councilmember Samuel moved to approve ORDINANCE No.03-021 ENTITLEDAN ORDINANCE ABANDONING A 60'x 1 GO'SECTION OF VAN BUREN AVENUE RIGHT-OF-WAY AT HOLLY STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Ames seconded the motion. MOTION PASSED. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS GOODSON, COKINOS,AMES,SAMUEL AND PATTERSON NAYS: NONE 5. Consider approving a request to abandon an un-named and undeveloped 60' x 314.54' portion of street right-of-way located approximately 540' west of N. Major Drive, south of the LNVA Canal. At a Regular Meeting held March 17, 2003,the Planning Commission voted 6:0 to approve the request to abandon an un-named and undeveloped 60'x 314.54'portion of street right- of-way located approximately 540' west of N. Major Drive, south of the LNVA Canal. Administration recommended approval to City Council. Councilmember Cokinos moved to approve Ordinance No.03-022 ENTITLED AN ORDINANCE ABANDONING AN UN-NAMED AND UNDEVELOPED 60'x 314.54'PORTION OF STREET RIGHT-OF-WAY LOCATED APPROXIMATELY 540' WEST OF N. MAJOR DRIVE, SOUTH OF THE LNVA CANAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Goodson seconded the motion. MOTION PASSED. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS GOODSON, COKINOS,AMES, SAMUEL AND PATTERSON NAYS: NONE PUBLIC HEARING: Mayor Lord called to order a Public Hearing on proposed amendments to Chapter 13 of the Code of Ordinances relating to Junk Motor Vehicles, Weed Control and Litter Control at 1:55 p.m. No public comments were received. Mayor Lord closed the Public Hearing at 1:56 p.m. and the Regular Meeting of City Council was continued. Minutes -March 25,2003 Page 5 6. Consider approving amendments to Chapter 13 of the Code of Ordinances relating to Junk Motor Vehicles, Weed Control and Litter Control. Administration recommended approval of the amendments. City Attorney Lane Nichols advised Council to vote on each proposed Ordinance change separately. Councilmember Goodson moved to approve ORDINANCE No. 03-023 ENTITLED AN ORDINANCE AMENDING REGULATIONS CONCERNING JUNKED MOTOR VEHICLES IN THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING APENALTY. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS GOODSON, COKINOS,AMES, SAMUEL AND PATTERSON NAYS: NONE Councilmember Ames moved to approve ORDINANCE NO. 03-024 ENTITLED AN ORDINANCE AMENDING THE REGULATIONS CONCERNING WEED CONTROL BY AMENDING NOTICE AND ENFORCEMENT REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Cokinos seconded the motion. MOTION PASSED. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS GOODSON, COKINOS,AMES,SAMUEL AND PATTERSON NAYS: NONE Mayor Pro Tern Smith moved to approve ORDINANCE NO. 03-025 ENTITLED AN ORDINANCE AMENDING REGULATIONS CONCERNING LITTER AND LITTERING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Goodson seconded the motion. MOTION PASSED. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS GOODSON, COKINOS,AMES,SAMUEL AND PATTERSON NAYS: NONE • WORK SESSION None Minutes -March 25,2003 Page 6 • EXECUTIVE SESSION Mayor Lord announced that at the end of City Council meeting, Council would reconvene for Executive Session to: • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: TJC Investments Small Business Revolving Loan Default Claim of Hubert Howard Wilford Richard v City of Beaumont COUNCILMEMBER COMMENTS Mayor Pro Tern Smith - None Councilmember Goodson stated he wanted to reiterate to lawn care businesses and homeowners that to blow grass and other debris inside drainage openings are a violation of a City Ordinance. Councilmember Cokinos - None Councilmember Ames - None Councilmember Samuel announced he would be meeting with the Brickyard and MLK Neighborhood Associations on Thursday, March 27,2003 at 6:30 p.m.atthe Elmo Willard Library. Councilmember Samuel stated the purpose of the meeting was to discuss CSC, Inc., and its operation of the halfway house on Gulf Street. Councilmember Samuel also congratulated the Beaumont Drillers on their second victory and stated the team was off to a good start. Councilmember Patterson recommended to City Manager Kyle Hayes that notices of the amended Junk Motor Vehicle, Weed Control and Litter Control Ordinance be sent to citizens in their Water Utility bills so citizens could review the changes. Mayor Evelyn Lord also wanted to reiterate to citizens being aware that blowing grass and debris in drainage openings violates a City ordinance. Mayor Lord reported the Spindletop Commission dissolved its Corporation after functioning for the past five (5) years. Mayor Lord explained the Commission raised over$1 million dollars from the activities held to honor the 100th year anniversary of the Spindletop Gusher. She reported how the monies were dispersed in the past and how the remaining monies were distributed this week. City Manager Kyle Hayes - None City Attorney Lane Nichols - None Minutes -March 25,2003 Page 7 Public Comments (Persons are limited to three minutes) Sam Bethea 350 Pine Street Beaumont, TX Mr. Bethea presented Council with a check for $9000.00 from Entergy/Gulf States. The check was given to assist the City and the operation of its summer work program for high school students. LeRoy Lewis 7866 Gladys Beaumont, TX Mr. Lewis reported to Council the curbs at the corner of Phelan and Major were cracked and busted. He asked Council to consider placing shelters at bus stops within the City. Mr. Lewis also asked Council to see that trees currently hanging over power lines be cut. Mr. Lewis stated he had received complaints from citizens, who use computers at the Theodore Johns, Sr. Library, that no clock was visible to determine the beginning and ending period of the thirty minutes allowed to use a computer. Audio and video tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 2:10 p.m. Mayor Evely Lord faAA ko)I J Susan' , 6666rsod, City Clerk Minutes -March 25,2003 Page 8