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MIN MAY 13 2003 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith, Mayor Pro Tern EVELYN M. LORD, MAYOR Nancy A. Beaulieu Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson May 13, 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 May 13, 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, Recognition and Proclamations Public Comment: Persons may speak on scheduled agenda items Consent Agenda Mayor Evelyn Lord called the meeting to order at 1:32 p.m. Captain Alba Ford led the invocation. Councilmember Ames 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 Beaulieu, Cokinos, Ames, Samuel and Patterson. Also, present was Kyle Hayes, City Manager; Lane Nichols, City Attorney; Susan Henderson, City Clerk. Proclamations, Presentations and Recognitions • Mayor Lord read a Proclamation recognizing May 12 through May 18, 2003 as National Salvation Army Week. The Proclamation also named Wednesday, May 14, 2003 as Operation Phone Home Day. Citizens of Beaumont were encouraged to participate in this event by going to Market Basket at Calder and 23' Street to purchase phone cards that would be sent to servicemen in Iraq so they could telephone theirfamilies in the United States. Captain Alba Ford, Cadets Jason and Patricia Schooley received the Proclamation on behalf of the Salvation Army, along with Judy Kelstrom and other Salvation Army Board members. • Councilmember Ames read a Proclamation recognizing May 10, 2003 through May 18, 2003 as National Tourism Week in the City of Beaumont. Maurine Gray, Interim Director of the Convention and Visitor's Bureau, staff of the Bureau, as well as members of the Convention and Tourism Advisory Committee received the Proclamation. • Chris Fisher and John Roby with the Port of Beaumont announced the return arrival of the Cape Vincent into the Port of Beaumont. A welcome home ceremony for the merchant marines aboard the ship will be held at Riverfront Park on Tuesday, May 20, 2003 at 10:00 a.m. The Port of Beaumont has served as the home port of the Cape Vincent. The Cape Vincent has been instrumental in delivering supplies necessary for the success of Operation Iraqi Freedom. John Hickey, with the Maritime Administration Ready Reserve Force, announced that the crew of the Cape Vincent would be presented Maritime Expeditionary Medals from the United States of America for their role in Operation Iraq Freedom. Mr. Hickey presented each Councilmember with a base ball cap. These ball hats will also be presented to the crew of the Cape Vincent. • Councilmember Samuel read a Proclamation recognizing the month of May as Firefighter Appreciation Month. The Proclamation also recognized the 50`h Anniversary of the Fill the Boot Campaign, sponsored by firefighters across the Nation to raise monies for the Muscular Dystrophy Foundation. Gaylyn Key, Michael Drury, Chris Singler, Tim Byerly from the Beaumont Professional Firefighters Local 399 and Anna Papoutsis, District Director of the Muscular Dystrophy Foundation, received the Proclamation. Bonnie Evans and David Sheffield, client families of the Foundation also thanked Council for recognizing the hard work and efforts made by Beaumont Firefighters to help the Muscular Dystrophy Foundation. • Mayor Lord read a Proclamation recognizing Marcel Ertel, a citizen of France who has dedicated his life to locating crash sites of America pilots, whose planes went down in France during World War II, and to have those pilots recognized. Glen Cummings with the Old Timers Scouts Association accepted the Proclamation on behalf of Mr. Ertel. Mr. Ertel sent a letter to Mayor Lord expressing his gratitude for the Proclamation. • Bill Schroeter, K.C. Millick, Lester Smith and Judge Radford with the Beaumont Masonic Lodge#286 presented Mayor Lord with the Community Builders Award, on behalf of the Beaumont Masonic Lodge #286 and the Grand Lodge of Texas. Public Comment: Persons may speak on items listed on the Consent Agenda or on General Business Items No. 2 through No. 5. None CONSENT AGENDA Approval of minutes - Minutes of May 6, 2003 Confirmation of committee appointments - Resolution 03-097 Minutes -May 13,2003 Page 2 Doug Landry would be appointed to the Keep Beaumont Beautiful Commission. The term would commence May 13, 2003 and expire May 12, 2005. (Councilmember Andrew P. Cokinos) Alice Ramsey would be appointed to the Keep Beaumont Beautiful Commission. The term would commence May 13, 2003 and expire May 12, 2005. (Councilmember Bobbie J. Patterson) Dana Timaeus would be appointed to the Board of Adjustment(Zoning)Commission. The term would commence May 13, 2003 and expire May 12, 2005. (Mayor Evelyn M. Lord) Kathleen Jackson would be reappointed to the Keep Beaumont Beautiful Commission. The current term would expire May 12, 2005. (Mayor Evelyn M. Lord) Bruce Drury would be reappointed to the Keep Beaumont Beautiful Commission.The term would expire May 12, 2005. (Mayor Evelyn M. Lord) A) Authorize the City Manager to enter into an agreement with the State of Texas acting by and through the Texas Department of Transportation (TxDOT)to maintain Traffic Signal Preemption Devices at thirty-one (31) signalized intersections in the City - Resolution No. 03-098 B) Approve the purchase of lightbars for patrol vehicles in the Police Department - Resolution 03-099 C) Approve the Director of Public Works to sign the permit application for renewal of the City's National Pollutant Discharge Elimination System (NPDES) Permit - Resolution 03-100 D) Authorize an application for new funding for the Southeast Texas Auto Theft Task Force - Resolution 03-101 Councilmember Cokinos moved to approve THE CONSENT AGENDA. Councilmember Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS BEAULIEU, COKINOS,AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. GENERAL BUSINESS 1. Consider approving a request for a zone change from RS (Residential Single Family Dwelling) to RM=H (Residential Multiple Family Dwelling-Highest Density) District and a specific use permit for an acupuncture clinic at 4215 Folsom. Minutes -May 13,2003 Page 3 At a Joint Public Hearing with City Council held April 21, 2003, the Planning Commission voted 8:0 to deny a request for a zone change from RS to RM-H and a specific use permit for an acupuncture clinic at 4215 Folsom. Administration also recommended denial of the requested zone change and specific use permit. "THE 20%RULE" of Section 30-40 of the City's Zoning Ordinance applied to this zone change and specific use permit request. The rule states: Protest: The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change, signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of City Council. THE 20% RULE was invoked because a protest of 31.9% of lot owners was received on file 1663-Z/P. Note: City Attorney Lane Nichols advised Council to vote separately on the zone change and the specific use permit. COuncilmember Ames moved to deny an ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT FOR PROPERTY LOCATED AT 4215 FOLSOM,BEAUMONT,JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: COUNCILMEMBER SAMUEL MOTION PASSED. Note: Because the zone change was denied, it was not necessary that Council vote on the specific use permit request. Minutes -May 13,2003 Page 4 2. Conduct an election of Mayor Pro Tempore. Mayor Pro Tern Smith MOVED TO NOMINATE COUNCILMEMBER BECKY AMES AS MAYOR PRO TEMPORE. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS BEAULIEU, COKINOS, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 3. Consider approving a contract for construction of the Twenty-Third Street Pavement Improvement Project. Councilmember Cokinos moved to approve RESOLUTION 03-102 AUTHORIZING THE AWARD OF AN CONTRACT FOR CONSTRUCTION OF THE TWENTY-THIRD STREET PAVEMENT IMPROVEMENT PROJECT IN THE AMOUNT OF$1,824,683.85 TO BRYSTAR CONTRACTING,INC.. Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 4. Consider approving Change Order 1 increasing the Wastewater Treatment Plant Electrical Improvements Phase I contract amount for "extra work." Councilmember Smith moved to approve RESOLUTION 03-103 AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER I FOR THE WASTEWATER TREATMENT PLANT ELECTRICAL IMPROVEMENTS PHASE I CONTRACT. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. Minutes -May 13,2003 Page 5 5. Consider approving the submittal of a section of Old Dowlen Road to the Southeast Texas Regional Planning Commission-Metropolitan Planning Organization (SETRCP-MPO) as a potential candidate for Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding. Councilmember Cokinos moved to approve RESOLUTION 03-104 AUTHORIZING THE SUBMITTAL OF PROJECTS TO THE SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION- METROPOLITAN PLANNING ORGANIZATION (SETRCP-MPO) AND COMMITTING THE CITY TO A TWENTY PERCENT (20%) PARTICIPATION IN THE PROJECT. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. COUNCILMEMBER COMMENTS: COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU THANKED CITY STAFF AND COUNCILMEMBERS FOR THE HELP PROVIDED TO HER DURING HER FIRST WEEK IN OFFICE. COUNCILMEMBER BEAULIEU ALSO ENCOURAGED CITIZENS TO ATTEND THE CAPE VINCENT CEREMONY AT RIVERFRONT PARK ON MAY, 20, 2003 AND MEET THE CAPE VINCENT'S CREWMEN WHO WILL BE HONORED. COUNCILMEMBER COKINOS - NONE COUNCILMEMBER AMES - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER PATTERSON ANNOUNCED THAT ON SATURDAY, MAY 17, 2003 A STATEWIDE 2003 LEADERSHIP CONFERENCE FOR THE TEXAS ASSOCIATION OF MAYORS AND COUNTY COMMITTEE TO PEOPLE WITH DISABILITIES WILL BE HELD AT THE HOLIDAY INN PLAZA. MAYOR LORD REMINDED COUNCIL THEY WERE TO BEGIN A CHARTER REVIEW FOR THE PURPOSE OF PROPOSING POSSIBLE CHARTER AMENDMENTS THAT WOULD BE VOTED ON IN MAY 2004. MAYOR LORD SUGGESTED THE REVIEW BEGIN WITH APLANNED WORKSHOP TO DISCUSS ARTICLE I ON TUESDAY, MAY 20, 2003 AND A SCHEDULED WORKSHOP TO REVIEW OF ARTICLE II ON TUESDAY,MAY 27,2003. MAYOR LORD INVITED THE GENERAL PUBLIC TO REVIEW THE CHARTER AND ADDRESS COUNCIL WITH ANY SUGGESTIONS THEY MAY HAVE. Minutes -May 13,2003 Page 6 Public Comments (Persons are limited to three minutes) Dean Tucker 2570 Laurel Beaumont, TX Mr. Tucker commended the work performed by Mayor Lord and City Council. Mr. Tucker congratulated Mayor Pro Tern Ames. He asked Council to seriously consider voting against the recommendation of the Planning Commission to revoke the specific use permit of the Youth Rescue Mission on Tuesday, May 20, 2003. He asked City Council to work with Mrs. Delores Davis, Director of the Rescue Mission, to help the homeless persons of Beaumont she provides care to. LaShaun Procter 4680 Jancar Beaumont, TX Mr. Procter expressed his concern that enforcement of an Ordinance dealing with drainage for commercial car washes is not enforced fairly. Jude Peredez 10620 Gage Road Beaumont, TX Mr. Peredez reported to Councilmember Smith that City crews performed work on the sewage main at Tram Road and left the blacktop damaged near the intersection of Broussard Road and Tram Road. He asked Councilmember Smith to see if the blacktop restored. Mr. Peredez also voiced his concern with the plight of the homeless people at the Youth Rescue Mission should the mission be closed. Audio and video tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 2:30 p.m. . (�;—' N �r'tx 'Y� - Mayor Evel Lord W 4j—, Susan Henderson, City Clerk Minutes -May 13,2003 Page 7