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MIN JULY 29 2003 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith EVELYN M. LORD, MAYOR Nancy Beaulieu Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson July 29,2003 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 July 29, 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 1:31 p.m. Reverend Edward Simon of the Pleasant Green Baptist Church said the invocation. Mayor Pro Tern Ames led the Pledge of Allegiance. Roll call was also made by the City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames, Councilmembers Smith, Beaulieu, Cokinos, Samuel, and Patterson. Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Susan Henderson, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled General Business Agenda Items 11, 12 & 14 or on the Consent Agenda. CONSENT AGENDA Approval of minutes - Minutes of July 22, 2003 Confirmation of committee appointments - GENERAL BUSINESS 1. Consider approving a request to rename Cedar Street from 4th Street to M.L.K. Parkway to Reverend G. W. Daniels Avenue/Cedar Street. Sunlight Baptist Church approached the City with the idea of renaming Cedar Street as a way to honor their pastor of 57 years, Reverend G. W. Daniels. Reverend Daniels was a pioneer of the Civil Rights Movement in the 1960's and has continued to fight against racial injustices. He has also labored to provide scholarships and financial assistance to needy youth seeking higher education and to providing decent housing for low income families in the City. Reverend Daniels established the Sunlight Christian Academy, which is one of the few predominately black private Christian schools in Texas. He has served on a number of Baptist organizations within the City, State and the country. At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve a request to rename Cedar Street from 4th Street to M. L. K. Parkway to Reverend G. W. Daniels Avenue/Cedar Street. Administration also recommended the request to rename Cedar Street. PRIOR TO A MOTION BEING ACCEPTED, EACH COUNCILMEMBER OFFERED CONGRATULATORY REMARKS TO REVEREND DANIELS: Councilmember Beaulieu expressed her admiration for the work Reverend Daniels has performed within his community, as well as for the City of Beaumont. She stated she"was proud" to be apart of the present Council team voting to approve this Agenda Item. Councilmember Samuel stated Reverend Daniels "truly exemplified the Word of God." Councilmember Samuel stated he had the honor and opportunity to have worked with Reverend Daniels on numerous projects and was thankful for the guidance always given so freely by Reverend Daniels. He thanked Reverend Daniels for his tireless service rendered in the fight for equal rights for all persons, but most importantly for "his service to his God." Councilmember Samuel stated he was honored to also be a member of the present Council to have the opportunity to bestow a small token of appreciation in honor of Reverend Daniels. Councilmember Patterson started her remarks to Reverend Daniels by saying she was "very honored and elated to be apart of this Council that would no doubt give a resounding vote of "yes" to renaming Cedar Street to Reverend G. W. Daniels." She continued by saying the action to be taken by Council was a"monumental moment in Beaumont,Texas, not just in Beaumont, but in Texas; not just in Texas, but in these United States." Councilmember Patterson said Reverend Daniels has done so much for this City and Country. She stated he "had not only talked the talk, walked the walk , but he talked the walk." She thanked Reverend Daniels for the varying support given to past projects for which she sought his guidance and help. Mayor Pro Tem Ames offered congratulation to Reverend Daniels and to the Sunlight Baptist Church congregation for the contributions made to the City of Beaumont. She mentioned she had received an email from a Pastor from Houston that was full of praise Minutes-July 29,2003 i and admiration for Reverend Daniels. She stated the email also expressed support and a genuine hopefulness that she and the rest of Council would vote to approve the renaming of Cedar Street. Mayor Pro Tern Ames thanked Reverend Daniels "for all the work he has done for this City." Councilmember Smith also congratulated Reverend Daniels for being an inspiration within this community. She thanked Reverend Daniels for his wisdom and understanding that helped to break barriers within the City. Councilmember Smith stated that it was a "blessing from the Lord to have had a man of God"of his stature to be apart of the City of Beaumont. Councilmember Cokinos congratulated Reverend Daniels for the tireless work he has accomplished within this community. He called him a "fine man and deserving of this honor." Mayor Lord stated she echoed the words of praise rendered by each Councilmember for Reverend Daniels. She stated not only was she honored to be apart of the Council "that would certainly approve the renaming of Cedar Street for a great community leader, but that it was more than an honor for her because she considered Reverend Daniels a great friend." Councilmember Cokinos moved to approve ORDINANCE 03-056 ENTITLED AN ORDINANCE RENAMING CEDAR STREET TO "REVEREND G. W. DANIELS AVENUE/CEDAR STREET"; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. At this point, Mayor Lord offered Reverend Daniels an opportunity to address Council. Reverend Daniels started off by saying "I stand here very thankful to God that He allowed me to live to see what was being done" for him. He then thanked God for allowing him to do the work that God had ordained him to do. Reverend Daniels stated in all sincerity and love that he "was only concerned with making Beaumont a better place." He stated that when the `fight' became hard or he needed direction, he would often telephone Dr. Martin Luther King who would always provide him with the encouragement or instruction he needed. Reverend Daniels thanked "hose within the community who have worked to make Beaumont a better place for all people." Reverend Daniels again thanked Mayor Lord, the rest of Council and all present. Minutes-July 29,2003 i He said, "you'll never know how much this means to me. Most people don't live to receive the `Thanks' that is due them for their work. Just to hear`Thank You'for the work done . . . whether it's at the house or in the community, that goes further,than even if there is money involved . . . But when they tell you `Thank You' . . . that goes further,to know that whatever you've done,somebody is appreciative,and that's all what counts, appreciative. And to know they have the heart to say Thank You they are appreciated." Reverend Daniels closed by saying, "I want to thank the Mayor and the Council and each of you that's present, but most of all, I want to thank God!" AUDIO AND VIDEO TAPES ARE AVAILABLE IN THE CITY CLERK'S OFFICE. 2. Consider approving a request for a zone change from NC (Neighborhood Commercial)to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow an office and retail facility just south of the Gulf Credit Union on Dowlen Road. Architectural Alliance, Inc. is representing a limited partnership that proposes to build an office and retail facility on 2.1 acres of land just south of the Gulf Credit Union on Dowlen Road. At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to deny a zone change from NC to GC-MD-2 District and the specific use permit that would allow the office and retail facility to be built. Administration also recommended denial of the zone change and specific use permit requests. Councilmember Smith 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 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED APPROXIMATELY 1,055' NORTH OF THE DOWLEN ROAD AND WELLINGTON PLACE INTERSECTION AND IMMEDIATELY SOUTH OF THE GULF CREDIT UNION AND NORTH OF THE JEFFERSON COUNTY DRAINAGE DITCH #6, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a request for a zone change from GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 1575 S. Major Drive. Minutes-July 29,2003 Landry Rountree, owner of Landry's Towing, requested a zone change and a specific use permit to allow the operation of his towing business. He was proposing to have an office and a vehicle storage facility on the location. At the public hearing, neighbors spoke in opposition to the specific use permit, mainly to the storage of vehicles that would take place at the location. Mr. Rountree was granted the zone change but denied the specific use permit. At a Joint Public Hearing held July 21,2003,the Planning Commission's motion to approve failed 1:6:1 for a zone change from GC-MD-2 to a GC-MD District. Administration recommended denial of a zone change. The Planning Manager has expressed his opinion that GC-MD-2 zoning is appropriate for the property, as it is adjacent to residential uses to the east. He also feels the GC-MD-2 zoning offers extra protection that comes with a specific use permit. COuncilmember Smith 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 GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICTTO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1575 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. 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. 4. Consider approving a request for a specific use permit to allow a church parking lot in an RM-H (Residential Multiple-Family Dwelling) District at 2185 Taylor Street. New Birth Assembly of God Church is requesting a specific use permit to build an accessory parking lot at 2185 Taylor Street. The church received a specific use permit to in 2002 to construct a parking lot across the street from the main sanctuary. This parking lot would be located to the north of the sanctuary. At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve the specific use permit request subject to the church providing 8' tall wood screening fences and 10'wide landscape strips on the east and west sides of the property. Administration recommended approval of this request with the stipulations ordered by the Planning Commission. Mayor Pro Tern Ames moved to approve ORDINANCE 03-057 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH PARKING LOT IN A RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT LOCATED AT 2185 TAYLOR STREET,IN Minutes-July 29,2003 I THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS; SUBJECT TO 8'TALL WOOD SCREENING FENCES AND 10' WIDE LANDSCAPE STRIPS ON THE EAST AND WEST SIDES OF THE PROPERTY BEING PROVIDED. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBER SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 5. Consider approving a request for a specific use permit to allow a rooming and boarding house in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2265 Washington Boulevard. Preston Leslie, the applicant, proposes to lease rooms to up to five (5) individuals. The boarding house will be for persons who in transition from various situations such as divorce or relocation. The tenants will use a community kitchen and restroom. At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve the specific use permit to allow a rooming and boarding house in an RM-D District at this location, subject to the applicant providing a 6' wide landscape strip in front of the parking on the adjacent lot. Administration also recommended approval of this request. Councilmember Samuel moved to approve ORDINANCE 03-058 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A ROOMING AND BOARDING HOUSE IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 2265 WASHINGTON BOULEVARD,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS;SUBJECT TO A 6' WIDE LANDSCAPE STRIP IN FRONT OF THE PARKING LOT OF THE ADJACENT LOT BEING PROVIDED. Councilmember Patterson seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 6. Consider approving a request for a specific use permit to allow a home health care agency office in an RCR(Residential Conservation and Revitalization)District at 2401 North Street. Southeast Texas Professional Health Care, Inc., is requesting the specific use permit with a waiver of the screening fence on the west property line. The company is a non- profit organization locally owned and operated from 8:00 a.m. until 5:00 p.m., Monday through Friday. Field staff work at the homes of the clients and traffic is kept to a minimum. Minutes-July 29,2003 i At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve the specific use permit request to allow the home health care agency office in a RCR District at 2401 North Street with a waiver of the screening fence on the west property line. Administration also recommended approval of the specific use permit request as it was approved by the Planning Commission. Councilmember Smith moved to approve ORDINANCE 03-059 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HOME HEALTH CARE AGENCY OFFICE IN A RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT LOCATED AT 2401 NORTH STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; WITH A WAIVER OF THE SCREENING FENCE ON THE WEST PROPERTY LINE. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PROTEMAMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 7. Consider approving a request for a specific use permit to allow a barber and beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3440 W. Euclid Avenue. Marvin Jones is the applicant requesting the specific use permit so he may operate a 240 sq. feet barber and beauty shop at this location. He has operated other like shops within the City for the last 40 years. At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve the specific use permit request subject to the following stipulations: 1) to providing an 8' tall wood screening fence and a 10' wide landscape strip along the east side of the subject property; 2) that the landscaping screening requirements along the west side of the subject property be waived; and 3) that the attached owner identification sign shall not exceed 40 sq. ft. in area. Administration also recommended approval of the specific use permit as it was approved by the Planning Commission. COUncilmember Patterson moved to approve ORDINANCE 03-060 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BARBER AND BEAUTY SHOP IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT LOCATED AT 3440 WEST EUCLID AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; SUBJECT TO THE FOLLOWING CONDITIONS: Minutes-July 29,2003 1) TO PROVIDING AN 8'TALL WOOD SCREENING FENCE AND A 10'WIDE LANDSCAPE STRIP ALONG THE EAST SIDE OF THE SUBJECT PROPERTY; 2) THATTHE LANDSCAPING SCREENING REQUIREMENTS ALONG THE WEST SIDE OF THE SUBJECT PROPERTY BE WAIVED; AND 3) THAT THE ATTACHED OWNER IDENTIFICATION SIGN SHALL NOT EXCEED 40 SQ. FT. IN AREA. 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. 8. Consider approving a request for a specific use permit to allow an auto detail shop in an RCR (Residential Conservation and Revitalization) District at 2893 Concord Road. At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve the specific use permit request to allow the auto detail shop in the RCR District at 2893 Concord Road, subject to the applicant showing, as part of the building plans, how all wash water shall be contained on site and/or disposed of. Administration recommended approval of the request as it was approved by the Commission. Councilmember Samuel moved to approve ORDINANCE 03-061 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN AUTO DETAIL SHOP IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2893 CONCORD ROAD, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS; SUBJECT TO THE FOLLOWING CONDITION: 1. SHOW, AS PART OF THE BUILDING PLANS, HOW ALL WASH WATER SHALL BE CONTAINED ON SITE AND/OR DISPOSED OF. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 9. Consider approving a request for an amended specific use permit to allow the expansion of an existing mini-warehouse facility at 1655 S. Major Drive. Minutes-July 29, 2003 i Eugene R. Allen, the property owner, received approval for a zone change and a specific use permit to allow the construction of a 40,000 sp. ft. climate-controlled mini-warehouse facility in 2001. He is now proposing to construct an unclimatized 17,850 sq. ft. building on the property. At a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve an amended specific use permit to allow the expansion of an existing mini- warehouse facility at 1655 S. Major Drive with a waiver of the tree requirements along the east property line. Administration recommended approval of the specific use permit request as it was approved by the Commission. COUncilmember Cokinos moved to approve ORDINANCE 03-062 ENTITLED AN ORDINANCE AMENDING ORDINANCE 01-027, TO ALLOW THE EXPANSION OF THE EXISTING MINI-WAREHOUSE FACILITY AND TO WAIVE THE TREE REQUIREMENT ALONG THE EAST PROPERTY LINE AT THE LOCATION OF 1655 SOUTH MAJOR DRIVE AT FOLSOM DRIVE; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBER SMITH,BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 10. Consider approving a request for an HC-L (Historic Cultural-Landmark Preservation) Designation to be placed on the homestead of Elmo R. Willard, III at 1325 E. Gladys. Patricia Willard, the applicant, requested that the homestead property of Elmo R. Willard, built in 1927, be designated as a City of Beaumont historic site. It was the first two story brick home built and owned by an African American family in the City. Elmo R. Willard, III was born on the homestead. After graduating from a Beaumont high school, he graduated from Fisk University and later earned a law degree from Howard University in 1954. Mr. Willard returned to Beaumont and practiced law for 37 years. He and his partner were instrumental to the Civil Rights movement by working to desegregate all public facilities. A new City library opened in 1998 was named in his honor. The home is listed in the 1990 SPARE Beaumont survey and is of the Vernacular Tudor Revival style. At a Public Hearing held July 14, 2003, the Historic Landmark Commission voted 10:0 to approve a request for an HC-L Designation to be placed on the homestead of Elmo R. Willard, III at 1325 E. Gladys. Also, at a Joint Public Hearing held July 21, 2003, the Planning Commission voted 8:0 to approve a request for an HC-L Designation to be placed on the homestead of Elmo R. Willard, III at the property address. Administration also recommended approval of this request. Councilmember Cokinos moved to approve ORDINANCE 03-063 AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE Minutes-July 29,2003 I ZONING DISTRICTS,AS INDICATED UPON THEZONING MAP OF BEAUMONT,TEXAS,BY ESTABLISHING AN HC-L(HISTORICAL-CULTURAL LANDMARK PRESERVATION)DESIGNATION FORTHE HOMESTEAD OF ELMO R.WILLIARD,III,LOCATED AT 1325 E.GLADYS,BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. At this point, Councilmember Samuel made the following statements: "THAT I WOULD LIKE TO THANK MS. PAT WILLARD FOR MOVING FORWARD WITH THIS. SO MANY TIMES WE HAVE INDIVIDUALS COMING BEFORE THE COUNCIL WITH STRUCTURES THAT HAVE BEEN IN THE FAMILY, AND THEY ARE ASKING FOR TIME TO REPAIR, AND MANY TIMES IT IS SOMEWHAT UNPLEASANT THAT WE HAVE TO GO THROUGH A PROCESS OVER AND OVER, BUT THIS IS A TIME THAT IT'S BROUGHT FORTH IN A VERY PLEASING MANNER. THEY'VE COME FORTH ASKING FOR THAT DESIGNATION OF A HISTORICAL CULTURAL DESIGNATION,FORA MAN THAT NOT ONLY STOOD VERY TALL AS A CIVIL RIGHTS ACTIVIST AND AS A LEADER IN HIS PROFESSION. NOT ONLY AS BEING A LAWYER, BUT ALSO A MAN THAT STOOD TALL IN BEAUMONT, IN AN ATTEMPT TO BRING BEAUMONT TOGETHER,ALL SECTORS,ALL RACES,AND ALL CREEDS.IT'S WITH GREAT PLEASURE THAT I PARTICIPATE IN THIS, BECAUSE IT ALSO SENDS A MESSAGE OF APPRECIATION TO INSTITUTIONS LIKE FIST UNIVERSITY,WHICH IS A HISTORICALLY BLACK UNIVERSITY THAT STILL CONTINUESTO STRIVEAND BRING OUT LEADERS THAT COME BACKTO BEAUMONTTO CONTRIBUTE SO MUCH. SO WITH THAT IAM VERY PLEASED AND I WOULD LIKE TO HAVE THE OPPORTUNITY TO AT LEAST SECOND THAT." Councilmember Samuel seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 11. Consider approving a request to abandon the alley between Lots 7 and 8, Block 8, Caldwood Addition. Linda Tinkle, the applicant and property owner of one of the adjacent lots, requested the abandonment of a 20'x 197' portion of the alley located between 235 and 245 Caldwood. The City Engineer and the Streets and Drainage Superintendent objected to the abandonment. The City may utilize this alley for the placement of storm water pipes to relieve flooding in the area in the future. At a Regular Meeting held July 21, 2003, the Planning Commission voted 8:0 to deny a request to abandon the alley between Lots 7 and 8, Block 8, Caldwood Addition. Administration also recommended denial of this request. Mayor Pro Tern Ames moved to deny an ORDINANCE ENTITLED AN ORDINANCE ABANDONING THE ALLEY BETWEEN 235 AND 245 WEST CALDWOOD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS. Councilmember Beaulieu seconded the motion. Minutes-July 29,2003 AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 12. Consider authorizing the City Manager to execute the renewal of a lease agreement for EMS facilities. The City entered into a lease agreement with Madeline L.Walker on July 1, 2000 for office space at 6452 Concord Road that serves as the operational center for EMS Medic No. 5 which services the North End of Beaumont. Mrs. Walker has proposed to increase the monthly rental fee of$1170.00 by an additional $100 charge. Most other conditions of the agreement remains the same, with an exception for a special provisional clause that will allow the City to terminate the agreement with 60 days advanced written notice. Administration recommended approval as funds are available from the 2000 Consolidated Block Grant allocation. Councilmember Cokinos moved to approve RESOLUTION 03-157 AUTHORIZING THE CITY MANAGER TO EXECUTE THE RENEWAL OF A LEASE AGREEMENT WITH MADELINE L.WALKER,FOR OFFICE SPACE LOCATED AT 6452 CONCORD,FOR ATHREE-YEAR TERM ATA MONTHLY RENTAL FEE OF $1270.00. Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. PUBLIC HEARING MAYOR LORD CALLED A PUBLIC HEARING OPEN TO RECEIVE COMMENTS ON A PROPOSAL TO REALLOCATE FUNDS FROM THE 2000 CONSOLIDATED BLOCK GRANT, CHARLTON POLLARD PARK LINE ITEM ($14,830.00) TO RENEW A 3-YEAR LEASE IN THE AMOUNT OF $45,720.00 FOR EMS #5 LOCATED AT 6452 CONCORD ROAD. Archie Gamble 2388 St. Anthony Beaumont, TX Mr. Gamble asked if the remaining monies in the 2000 Consolidated Block Grant Program that were allotted for the Charlton Pollard Park would be used on the park.** Minutes-July 29,2003 "City Manager Kyle Hayes did inform Council that the Charlton Pollard Park was constructed at a lower cost than was originally anticipated and budgeted for the completion. He stated the remaining funds from the 2000 Consolidated Block Grant Program could be used for other necessary expenditures that would fall under the guidelines of the Block Grant Program. MAYOR LORD CLOSED THE PUBLIC HEARING AT 2:15 P.M.AS NO OTHER CITIZEN CAME FORWARD WITH COMMENTS. 13. Consider the reallocation of funds from the 2000 Consolidated Block Grant Program to renew a 3-year lease for EMS #5 located at 6452 Concord Road. COUncilmember Smith moved to approve THE REALLOCATION OF FUNDS FROM THE 2000 CONSOLIDATED BLOCK GRANT PROGRAM, CHARLTON POLLARD LINE ITEM ($14,830.00, TO RENEWAL THREE(3)YEAR LEASE IN THE AMOUNT OF$45,720.00 FOR EMS#5 LOCATED AT 6452 CONCORD ROAD. Councilmember Samuel seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. WORK SESSIONS • REVIEW AN AMENDMENT TO THE EXISTING ANIMAL ORDINANCE; CHAPTER 5; SEC. 5-19 DEALING WITH VICIOUS/DANGEROUS ANIMALS KATHY SCOFFIELD, WITH THE BEAUMONT CITY HEALTH DEPARTMENT, PRESENTED COUNCIL WITH A REVIEW OF PROPOSED AMENDMENTS TO THE EXISTING ANIMAL ORDINANCE. MRS.SCOFFIELD EXPLAINED THE AMENDMENT WOULD PROVIDE PARTICULAR MEASURES FOR DEALING WITH ANIMALS WHO ARE CONSIDERED DANGEROUS. IT ALSO ESTABLISHES A PROCESS BY WHICH SPECIFIC ANIMALS ARE IDENTIFIED AS"DANGEROUS." THE PROPOSED AMENDMENT ALSO ALLOWS AN ANIMAL TO BE DECLARED DANGEROUS WHEN SERIOUS INJURY HAS BEEN INFLICTED UPON ANOTHER INDIVIDUAL OR ANOTHER ANIMAL.THE CHANGES WOULD ALSO ALLOW AN ANIMAL TO BE DECLARED DANGEROUS IF REASONABLE CAUSE CREATES A LIKELY ASSUMPTION AN ANIMAL IS LIKELY TO INFLICT INJURY TO A PERSON OR ANOTHER ANIMAL. THIS PARTICULAR PROVISION CAN ALSO BE USED IF AN ANIMAL HAS BEEN TRAINED OR HARBORED FOR FIGHTING. Minutes-July 29,2003 MRS.SCOFIELD POINTED OUT THAT THESE CHANGES WILL BRING THE CITY'S ORDINANCE IN LINE WITH STATE REGULATIONS WHEN DEALING WITH SPECIFIED REQUIREMENTS OUTLINED FOR THE ENCLOSURES OF SUCH ANIMALS AND THE PENALTIES ASSOCIATED WITH THIS SECTION. THE CHANGES TO THE CURRENT ORDINANCE ALSO OUTLINE REQUIREMENTS FOR OWNERS OF A DANGEROUS ANIMAL THE PROPOSED AMENDMENTS HAD BEEN REVIEWED AND APPROVED BYTHE MEMBERS OF THE ANIMAL HEALTH ADVISORY COMMITTEE. AUDIO AND VIDEO TAPES ARE AVAILABLE IN THE CITY CLERK'S OFFICE. *IMMEDIATELY FOLLOWING MRS.SCOFFIELD'S PRESENTATION,MAYOR LORD CLOSED THE WORK SESSION SOACTION COULD BETAKEN ON THE REMAINING GENERAL BUSINESS ITEM. 14. Consider an amendment to the existing animal ordinance; Chapter 5; Sec. 5-19 dealing with vicious/dangerous animals. Councilmember Cokinos moved to approve ORDINANCE 03-065 ENTITLED AN ORDINANCE AMENDING THE ANIMAL ORDINANCE OF THE CITY OF BEAUMONT TO ENACT NEW REGULATIONS CONCERNING DANGEROUSIVICIOUSANIMALS;PROVIDING FORSEVERABILITY;AND PROVIDING FOR REPEAL. 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 - None Councilmember Cokinos - None Mayor Pro Tern Ames - None Councilmember Samuel thanked Mayor Lord for the congratulatory letter she wrote for Reverend William Jackson, Pastor of Starlight Baptist Church, that was read by Councilmember Patterson at a banquet given for him on July 25, 2003. Councilmember Samuel also recognized three(2)Lamar University Student Government leaders who were present for Council meeting. He expressed his excitement about the fervor and determination exhibited by these young adults at a meeting he attended with them. Councilmember Samuel praised their efforts to become effective leaders within the University and in this community. Minutes-July 29,2003 i f Councilmember Patterson thanked Mayor Lord for allowing her the opportunity to read a congratulatory letter written by Mayor Lord to Reverend William Jackson, Pastor of Starlight Baptist Church, at a banquet held for his first anniversary on Sunday, July 26, 2003. Councilmember Patterson stated she was proud to be apart of a City Council who had performed two (2) great tasks during Council meeting of renaming Cedar Street in honorof Reverend G.W. Daniels and approving a Historic Cultural-Landmark Designation for the late Elmo Willard, III. She felt the actions taken by Council tied in with the upcoming anniversary of the March on Washington held during the Civil Rights Movement in the late 1960's. Councilmember Patterson reiterated that as the march served as a mark of progression within the movement, so had the efforts to desegregate buildings and events in the City of Beaumont by Reverend Daniels and the late Attorney Elmo Willard, III marked great progress within this community. City Manager Kyle Hayes - None City Attorney Lane Nichols - None Mayor Evelyn Lord said it was good to see the young adults from Lamar University in Council Meeting to see the workings of government up close. She applauded their efforts to improve the community around the University as well as within the City. Mayor Lord reported she arrived in New York last week at the time the fatal shooting of New York Councilmember James Davis had taken place. Mayor Lord explained New York's Mayor was to greet the Executive and Advisory Committee of the U. S. Conference of Mayor's for Homeland Security on last Wednesday night, but was delayed due to the unfortunate circumstances. Mayor Lord stated the Committee did meet with White House Secretary Ridge to discuss serious concerns of Mayors from around the country about monies that were to trickle down to each City from funds received by each State for homeland security. Mayor Lord explained that in most cases many Cities do not receive funds or enough funds to work with on their immediate security needs. She said the group received two commitments from Secretary Ridge verbally and through a televised press conference given by Secretary Ridge. Mayor Lord stated the two commitments were: 1)that Secretary Ridge would speak with the Governors of each State to encourage them to receive input from the Mayor's of the State's cities on how monies are spent toward Homeland Security; and 2) that he would earnestly encourage and push for legislative changes that would allow portions of funding received be allocated for overtime pay incurred by first response personnel when security is heightened. Public Comments (Persons are limited to three minutes) Ward McCurtain 5975 Gladys Beaumont, TX Mr. McCurtain joined the course of praise for work performed by Reverend G.W. Daniels and the late Elmo Willard. Mr. McCurtain suggested that a ceremony be Minutes-July 29,2003 held there when the street signs are installed for the renaming of Cedar Street. Mr. McCurtain also expressed to Council his concern about cars speeding on Gladys Street. He asked that perhaps setting up patrol cars with the use of radar guns could slow down the traffic. Mr. McCurtain also expressed concern about the lawncare service employees blowing of cut grass into the street and sewer drainage. Mr. McCurtain specifically mentioned piles of grass and other debris left at the corner of Edson and Gladys Street in the middle of the street on last week. Racquel Morel 2558 Broadway Beaumont, TX Mrs. Morel addressed Council to ask what could she do to increase the Spanish community's vote during election seasons.** **MAYOR LORD INFORMED MRS. MOREL THAT COUNCIL DOES NOT ANSWER QUESTIONS DURING CITIZEN COMMENTS. MAYOR LORD DID ARRANGE FOR COUNCILMEMBER SMITH, WHO IS THE WARD COUNCILMEMBER FOR HER COMMUNITY,AND FOR COUNCILMEMBER PATTERSON, WHO WORKS WITH `OPERATION ONE VOTE', TO SPEAK WITH HER AFTER COUNCIL WAS ADJOURNED Archie Gamble 2388 St. Anthony Beaumont, TX Mr. Gamble addressed his concern about the increasing number of 18-wheeler trucks in the Charlton Pollard neighborhood, especially in and around the corner of Turon, as well as the corner of Tilson and Irving Streets. Mr. Gamble noted that for the past few weekends on personal outings, he has had to wait in the middle of Irving Street for the trucks to pull in and out of Modern Manufacturing, Inc. or turn around to avoid a long delay of waiting. Paula Ydrogo 3030 French Road #109 Beaumont, TX Mrs. Ydrogo asked Council to consider placing more sidewalks around the French Road and Green Tree Tower Apartments for the many residents who now travel on wheelchairs and other mobile units. Andrez Domoneck, Josh Daspit and Brian Bean, Lamar University Lamar University Student Government leaders Andrez Domoneck, Vice-President of the LU Student Government, provided and reviewed with Councilmembers, a copy of a resolution adopted by the student governing body to establish a `Pride and Traditions Committee' at the University to heighten awareness and increase involvement from the immediate community and from the City as a whole. Mr. Domoneck eloquently voiced plans the organization is preparing to create a different atmosphere of`Cardinal Fervor, as well as building Minutes-July 29,2003 i a work relationship within this community. Mr. Domoneck asked the City to help in this endeavor by changing street signs around the perimeter of the University from green/white to red/white and to provide direction as to how to rename surrounding streets of the campus to honor Lamar Alumni. Audio tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 2:50 p.m. Mayor Evelo Lord " ` 4 Susan Henderson, City Clerk Minutes-July 29,2003