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MIN NOVEMBER 25 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 November 25, 2003 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager The City Council of the City of Beaumont, Texas, met in a regular session on November 25, 2003, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:33 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 1:33 p.m. Mayor Evelyn Lord gave the invocation. Tom Warner, Director of Public Works led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk's Office. 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; Tina Broussard, City Clerk's Office. Proclamations, Presentations, Recognitions Mayor Lord read a proclamation proclaiming November 23, 2003 through November 29, 2003 as "Beaumont Family Week". Present to receive the proclamation were David Long, Public Affairs Director, Bishop Paul Eyre and Eric Petersen, President, Church of Latter Day Saints and Allison Howell, Family Services of Beaumont. Public Comment: Persons may speak on scheduled General Business Agenda Items 5 through 7 or on the Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of November 18, 2003 Confirmation of committee appointments John Weitzel would be reappointed to the Small Business Revolving Loan Fund Advisory Committee. The current term would expire October 22, 2005. (Councilmember Lulu Smith) - Resolution 03-254 A) Approve the payment of Fiscal Year 2004 South East Texas Regional Planning Commission membership dues - Resolution 03-255 B) Authorize the City Manager to execute an Interlocal Contract Relating to the Planning, Development, Operation, and Provision of 9-1-1 Service and the use of 9-1-1 funds between the South East Texas Regional Planning Commission and the City of Beaumont Resolution 03-256 C) Approve the granting of a Pipeline License Agreement of Exxon-mobil Oil Corporation to cross Sycamore Street - Resolution 03-257 D) Authorize the City Manager to execute all documents necessary to accept the project titled "FY2004 Step Wave" - Resolution 03-258 E) Approve the settlement of a claim - Resolution 03-259 F) Approve the settlement of a claim - Resolution 03-260 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) and GC-MD (General Commercial-Multiple Family Dwelling)to LI (Light Industrial) District and a specific use permit to allow a farm equipment and machinery manufacturing facility at property located approximately between Irving and St. Anthony and between McGovern and Schwarner. Councilmember Samuel asked that this item be deferred for 1 week. This was done. Minutes-November 25,2003 2. Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 3825 W. Lucas. Rick Hamberlin, the property owner, is requesting the rezoning of 3825 W. Lucas so that it can be used for commercial purposes. Mr. Hamberlin states that due to the surrounding land uses and high traffic volume on W. Lucas, the property is no longer conducive to residential use. He suggests that the property could be used for some type of office. Since the subject property is zoned RM-H, a number of commercial uses could be permitted with a specific use permit. These uses include a number of office uses, dance studios and coin-operated laundries. At a Joint Public Hearing held November 17, 2003, the Planning Commission voted 8:0:1 to deny a zone change from RM-H to GC-MD District for the property at 3825 W. Lucas. Councilmember Smith moved to deny CONSIDERING APPROVING A REQUEST FOR A ZONE CHANGE FROM RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR THE PROPERTY LOCATED AT 3825 W. LUCAS. 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 specific use permit to allow a day spa in an RCR (Residential Conservation and Revitalization) District at 2300 McFaddin. Patricia Brooks and Rosalind Hall, the property owners, wish to operate a day spa in the structure located at 2300 McFaddin. Ms. Brooks and Ms. Hall state that the proposed facility intends to offer hair and nail care, massage of skin and hair care products. Approximately ten clients can be served at any given time. Clients will spend one to four hours at the facility during a visit. The facility will be open for business between the hours of 9 a.m. and 7 p.m., Monday through Saturdays. Minutes-November 25,2003 At a Joint Public Hearing held November 7, 2003, the Planning Commission voted 5:4 to approve a specific use permit to allow a day spa in an RCR District at 2300 McFaddin with approval of a modification to the landscaping/screening requirements along the west side of the property,that the fencing along the north boundary line remain with the property and that the applicant work with City staff on using paving materials that will not destroy the trees. Administration recommends denial of a specific use permit to allow a day spa in an RCR District at 2300 McFaddin. Councilmembers had several comments and questions regarding this item. Councilmember Samuel moved to approve THE REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A DAY SPA IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 2300 MCFADDIN. Councilmember Patterson seconded the motion. AYES: COUNCILMEMBERS BEAULIEU, SAMUEL AND PATTERSON NAYS: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH AND COKINOS MOTION DID NOT PASSED Councilmember Smith moved to deny THE REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A DAY SPA IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 2300 MCFADDIN. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH AND COKINOS NAYS: COUNCILMEMBERS BEAULIEU, SAMUEL AND PATTERSON MOTION PASSED 4. Consider approving a request for a specific use permit to allow a drinking place in a GC- MD (General Commercial - Multiple Family Dwelling) District at 5205 Fannett Road - Ordinance No. 03-092 Shelia Evans, the applicant, is requesting a specific use permit to allow the operation of a drinking place at 5205 Fannett Road. This building has most recently been the location Minutes-November 25,2003 of the Tyrrell Park Cafe' and Lounge. The building and parking all exist. Ms. Evans has received signed permission to use parking at the adjacent convenience store, if needed. Ms. Evans states that the hours of operation will be from 12 p.m.through 2 a.m. Beer,wine and soda will be sold. Maximum seating will be 50 persons. Entertainment will include pool tables and juke box. No live music will be provided and this will not be a sexually oriented business. The existing sign will be used to identify the business. At a Joint Public Hearing held November 17, 2003, the Planning Commission voted 8:0 to approve a specific use permit to allow a drinking place in a GC-MD District at 5205 Fannett Road with a modification to the screening/landscaping requirements along the frontage of the existing parking lot and with the stipulation that the existing sign be used. Councilmember Beaulieu moved to approve ORDINANCE 03-092 TO CONSIDER APPROVING A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT 5205 FAN NETT ROAD. Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving a request for the abandonment of a 16' x 316.86' public utility easement on the west side of Lots 1 and 2, east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision - Ordinance 03-093 Mac Haik Development and Memorial Hermann Baptist Hospital,the property owners, are developing a 3-story parking garage that will straddle the utility easement. This parking garage will serve a 3-story professional office building that will be built to the east of the parking garage. A 10'general utility easement will be dedicated along the west boundary of the site to allow for the relocation of utilities from the easement to be abandoned. This abandonment request was sent to all interested parties. No negative responses have been received. Minutes-November 25,2003 At a Regular Meeting held November 17, 2003, the Planning Commission voted 7:0 to approve a request for the abandonment of a 16' x 316.89' public utility easement on the west side of Lots 1 and 2, east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision subject to the moving of any utilities that are located in the easement at the property owner's expense. Councilmember Cokinos moved to approve Ordinance 03-093 TO CONSIDER APPROVING A REQUEST FOR THE ABANDONMENT OF A 16'x 316.86'PUBLIC UTILITY EASEMENT ON THE WEST SIDE OF LOTS 1 AND 2, EAST SIDE OF LOT 3, BLOCK 2, BEAUMONT MEDICAL PLAZA SUBDIVISION. Councilmember Smith 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 resolution accepting the bequest of $100,000 from the estate of Elizabeth Gilbert Fortune for the operation, maintenance, continuation and/or expansion of the Tyrrell Historical Library - Resolution 03-261 Mrs. Fortune passed away on June 9, 2002 in Indianapolis at the age of 83. She is buried in Magnolia Cemetery in the Gilbert family plot. She left bequests to a number of people and groups in Beaumont and Indianapolis. Councilmember Cokinos moved to approve RESOLUTION 03-261 TO CONSIDER APPROVING A RESOLUTION ACCEPTING THE BEQUEST OF$100,000 FROM THE ESTATE OF ELIZABETH GILBERT FORTUNE FOR THE OPERATION, MAINTENANCE, CONTINUATION AND/OR EXPANSION OF THE TYRRELL HISTORICAL LIBRARY. Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILM EMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider approving a resolution endorsing the Port of Beaumont's Rail Expansion Plan and supporting the Port's efforts to obtain funding for construction of the Rail Expansion Plan - Resolution 03-262 Minutes-November 25,2003 The Port of Beaumont has undertaken a plan for the relocation of the Port's rail interchange yard from the west bank of the Neches River to other Port property. The relocation of the rail interchange yard would allow for the development of the City's downtown riverfront area for recreational,entertainment and other commercial enterprises. This development would promote and enhance the quality of life for the citizens of Beaumont. Additionally, the Rail Expansion Plan would provide for the continued growth of the Port of Beaumont operations and the positive economic impacts derived therefrom. The plan would also promote port and inter-modal transportation security which is critical in the Port's role in handling military cargo in support of national security and national defense. Councilmember Smith moved to approve RESOLUTION 03-262 TO APPROVE A RESOLUTION ENDORSING THE PORT OF BEAUMONT'S RAIL EXPANSION PLAN AND SUPPORTING THE PORT'S EFFORTS TO OBTAIN FUNDING FOR CONSTRUCTION OF THE RAIL EXPANSION PLAN. Councilmember Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEALIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Mayor Lord read the required legal notice of an Executive Session. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES WISHED EVERYONE A HAPPY THANKSGIVING. COUNCILMEMBER SAMUEL WISHED EVERYONE A HAPPY THANKSGIVING. COUNCILMEMBER PATTERSON WISHED EVERYONE A HAPPY THANKSGIVING. Minutes-November 25,2003 MAYOR LORD WISHED EVERYONE A HAPPY THANKSGIVING. CITY MANAGER KYLE HAYES WISHED EVERYONE A HAPPY THANKSGIVING. CITY ATTORNEY LANE NICHOLS - NONE Public Comments (Persons are limited to three minutes) Leroy Lewis, III 7866 Gladys Beaumont, TX Mr. Lewis addressed Council concerning his displeasure with a confederate flag being displayed at 4795 College Street and various concerns that he has throughout the city. Beverly Hatcher 7 Sandal Wood Trail Beaumont, TX Ms. Hatcher addressed Council concerning the Martin Luther King Jr. statue. Audio tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 2:29 p.m. Mayor Evely Lord Z2 City Clerk190ffice Minutes-November 25,2003