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MIN AUG 23 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I GUY N. GOODSON, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames,At-Large Audwin Samuel, Mayor Pro Tem,Ward III August 23, 2005 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on August 23, 2005, 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 - Jefferson County's New Voting System Public Comment: Persons may speak on the Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor James Blackwell of the South Park Baptist Church gave the invocation. Mayor Pro Tern Samuel led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Samuel, Councilmembers Smith, Beaulieu,Ames and Patterson. Absent:Councilmember Cokinos. Also presentwere Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions Charlie Coco - Recognition read by Mayor Goodson; recognition from Home Builders Association for holding the longest record as an active Master Plumber licenced in the State of Texas; accepted by Charlie Coco and family Lions Clubs International District 2-S1 - Recognition read by Councilmember Ames; recognition for providing aid to the hearing impaired with a program to provide new and recycled hearing aids for those in Southeast Texas in connection with Lamar University staff; accepted by Mary John Wells, President District 2-S1 District Governors and Dr. Vickie Dionne, Lamar Speech and Deaf Center Presentation-Carolyn Guidry,County Clerk and Theresa Goodness, Deputy County Clerk introduced the new election voting machine and announced that on-hands training is now available Public Comment: Persons may speak on the Consent Agenda. None Minutes-August 23,2005 CONSENT AGENDA Approval of minutes - Minutes of August 16, 2005 Confirmation of committee appointments - None A) Approve the purchase of trash receptacles for City Parks - Resolution 05-181 Councilmember Ames made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a specific use permit to allow a tree service business and wood sales in a GC-MD District at 2909 Gulf Street - Ordinance 05- 067 Administration recommended approval of a specific use permit to allow a tree service business and wood sales in a GC-MD District at 2909 Gulf Street. Charles Walker,dba Walker Trees and Firewood, is requesting a specific use permit to allow the operation of a tree service and wood sales business at 2909 Gulf Street. Mr. Walker is currently operating out of a location at 3010 Gulf at Glasshouse. The subject property consists of two connected buildings on one lot and a storage area on the second lot. Mr. Walker will locate his office in the building fronting on Gulf Street. The storage of firewood will be located on the vacant lot. At a Joint Public Hearing held August 15, 2005, the Planning Commission voted 7:0 to approve a specific use permit to allow a tree service business and wood sales in a GC-MD District at 2909 Gulf Street subject to the following condition: • Provide six parking spaces on the subject property. Councilmember Samuel moved to ADOPT ORDINANCE 05-067 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TREE SERVICE BUSINESS AND WOOD SALES IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 2909 GULF STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON Page 2 of 6 Minutes-August 23,2005 NAYS: NONE MOTION PASSED 2. Consider approving a request to abandon Cottonwood Street between St. Helena and Concord Rd. Administration recommended denial of the request to abandon Cottonwood Street between St. Helena and Concord Road. Fittz & Shipman, Inc., the applicant for Beaumont Independent School District (BISD), has made a request to abandon Cottonwood Street, between Concord and St. Helena. BISD is developing the properties on either side of this section of Cottonwood for a school bus yard facility. The applicant states that the closure of Cottonwood would greatly enhance the use of the adjacent properties for the proposed school bus yard. Both the Streets and Drainage Manager and the Transportation Manager object to the abandonment. The Streets and Drainage Manager states that city vehicles use this street to access Concord and the North Yard Facility. The City's material supplier is across the tracks and Cottonwood is the most direct route between it and the North Yard Facility. The St. Helena and Concord intersection is blind and is dangerous for city trucks to use. At a Regular Meeting held August 15, 2005, the Planning Commission voted 7:0 to deny a request to abandon Cottonwood Street between St. Helena and Concord Road. Councilmember Beaulieu made a motion to DENY ABANDONING A PORTION OF COTTONWOOD STREET BETWEEN ST. HELENA AND CONCORD ROAD IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED 3. PUBLIC HEARING: Receive comments relating to a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds Public Hearing was opened at 2:02 p.m. and closed at 2:05 p.m. No public comments were made at this time. Consider approving a resolution authorizing the City Manager to execute a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds - Resolution 05-182 Page 3 of 6 Minutes-August 23,2005 Administration recommended that Council conduct a public hearing and authorize the City Manager to execute a contract with the Texas Department of Transportation for the City to receive State Public Transportation funds. City Council annually authorizes the City Manager to execute a contract with the Texas Department of Transportation for the City to receive state public transportation funds. These funds total $431,336 for FY 2006. In fiscal year 2004 and 2005 the City received $426,348 and $396,895 respectively. State funding totaling $431,336 will fund part of the estimated local share cost of $1,395,681 to operate the Beaumont Municipal Transit System for FY 2005. Councilmember Smith made a motion to APPROVE RESOLUTION 05-182 THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO RECEIVE$431,336 FROM THE STATE PUBLIC TRANSPORTATION FUNDS TO HELP PAY THE CITY'S SHARE FOR FISCAL YEAR 2006 OPERATING EXPENSES FOR THE BEAUMONT MUNICIPAL TRANSIT SYSTEM.Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER AMES - NONE MAYOR PRO TEM SAMUEL- CONGRATULATED COUNCILMEMBER PATTERSON ON THE 10 YEAR ANNIVERSARY OF "OPERATION ONE VOTE" COUNCILMEMBER PATTERSON - THANKED EVERYBODY FOR THEIR CONTINUED SUPPORT OF "OPERATION ONE VOTE" CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - ANNOUNCED THAT THE CITIZENS POLICE ACADEMY WILL START THEIR NEXT CLASS THURSDAY, AUGUST 25TH AND INVITED EVERYBODY TO CONSIDER THIS OPPORTUNITY TO PARTICIPATE Page 4 of 6 Minutes-August 23,2005 Public Comments (Persons are limited to three minutes) Paul Leger PO Box 3502 Beaumont TX Requested that the taxicab ordinance be reviewed and that a rate increase be allowed due to the high increase in fuel costs Joseph W. Finley, M.D. 490 110 North #200 Beaumont TX Requested that the City Council consider a No Smoking Ban in all public buildings and restaurants David Teuscher, M.D. 825 Thomas Road Beaumont TX Spoke in support of the No Smoking Ban and the effects of "Second Hand Smoke" on others Fred Gosling 60 Langham Road Beaumont TX Would like to have Council considering lowering the franchise fees on Time Warner Cable; feels that this increase as well as other franchise fees are also unfair and would like the City to withdraw all their requests for increase in franchise fees Joseph Lewis Box 62 Beaumont TX Feels that there should be a better way for people to talk to authorities about drugs or other problems in the community where they feel safe and confident about their anonymity Luther Holmes 4325 Crow Road Beaumont TX Would like some answers about the transportation system and a problem he had on August 19, 2005 about the use of his unlimited ride pass; would also like a feedback form made available on buses to register complaints Officer Crystal Holmes Beaumont Police Department Beaumont TX Gave an overview of how the Crime Stoppers Program works and how the caller's anonymity is kept; encouraged citizens to call and report any neighborhood crime information which may help in solving crimes in their neighborhood EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Brandon Steward v. City of Beaumont Executive Session was not held; therefore, Council adjourned at 2:33 p.m. Page 5 of 6 Minutes-August 23,2005 Audio tape ar avai le upon request in the City Clerk's Office. Guy N. Goodson, Mayor CUMC�✓ Rose Ann Jones, TR i v s LU City Clerk Rio i Aw s Page 6 of 6 Minutes-August 23,2005