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HomeMy WebLinkAboutMIN MAY 23 2006 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 May 23, 2006 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 May 23, 2006, 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 9-11/Consent Agenda Consent Agenda Mayor Pro Tern Samuel called the council meeting to order at 1:30 p.m. Mayor Pro Tern Samuel gave the invocation. Councilmember Patterson led the Pledge of Allegiance. Roll call was made by Tina Broussard, Deputy City Clerk. Present at the meeting were (Mayor Goodson arrived at 2:05 p.m.), Mayor Pro Tern Samuel, Councilmembers Smith, Beaulieu, and Patterson. Absent: Councilmembers Cokinos and Ames. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, Deputy City Clerk. Proclamations, Presentations, Recognitions "National Preservation Month" - May, 2006 - Proclamation read by Councilmember Beaulieu; accepted by representatives from the Beaumont Heritage Society, Beaumont Historic Landmark Commission, Jefferson County Historical Commission and Beaumont Main Street Public Comment: Persons may speak on scheduled agenda items 9-11/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of May 16, 2006 Confirmation of committee appointments - None A) Approve a contract for Emergency Standby Products and Services in the event of a disaster - Resolution 06-152 Minutes-May 23,2006 B) Approve a contract for catering services in the event of a disaster- Resolution 06-153 C) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in Highlands Pointe Addition, Phase II - Resolution 06-154 D) Approve a resolution authorizing the acquisition of right-of-way for the Phelan Boulevard Project - Resolution 06-155 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to C-M (Commercial-Manufacturing) District at 2208-2212 W. Cardinal Drive. Deferred by Council for additional information Administration recommended approval of a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to C-M (Commercial-Manufacturing) District at 2208-2212 W. Cardinal Drive. Ed Edson III is requesting a zone change from GC-MD (General Commercial- Multiple Family Dwelling)Districtto C-M(Commercial-Manufacturing)Districtforthe property located at 2208-2212 W. Cardinal Drive. A portion of the 8.2 acres of land is currently occupied by four buildings with the remainder being vacant. The buildings are rented to a variety of commercial/industrial type businesses. In 1989, a specific use permit was approved for the subject property permitting the warehousing, processing and bailing of non-ferrous scrap metal for off-site recycling. Phelan Investments is negotiating the purchase of the property. It is that company's desire to develop the remaining vacant property and to market the development to transport companies,contractors,wholesalers and others. The current zoning does not allow those types of businesses without a specific use permit. The zone change would allow Phelan Investments more flexibility as to the type of firms it leases to. In 1992, a six acre tract of land at 2070 W. Cardinal Dr. was rezoned to C-M. The Comprehensive Plan designates this property as an Activity Corridor. The types of uses typical of an activity corridor include highway commercial and open display retailing,wholesale distributing and warehousing operations, restricted light industry, business offices, hotels and motels and higher density residential development. Page 2 of 12 Minutes-May 23,2006 At a Joint Public Hearing held May 15, 2006, the Planning Commission voted 7:2 to approve a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to C-M (Commercial-Manufacturing) District at 2208-2212 W. Cardinal Drive. 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district for property located between S. Major, Wescalder, Humble and Walden Road - Ordinance 06-028 Administration recommended that the Lots 1-13, Block 3, South Amelia Addition and the east 150'of Lots 12-16, Tract 1, Block 13, Wescalder Fig Acres be rezoned to GC-MD-2. In March, 2006, the City Council tabled a zone change request to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit for the property located at 3336 S. Major. At that time, City Council asked staff to conduct a zoning study for the west side of S. Major to determine if the current residential zoning was appropriate. Staff defined the study area as that 145 ± acres bordered by S. Major, Wescalder, Humble and Walden. At a Joint Public Hearing held May 15, 2006, the Planning Commission voted 7:1:1 to approve a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) District for the subject property. Councilmember Beaulieu made a motion to ADOPT ORDINANCE 06-028 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 BETWEEN S. MAJOR DRIVE, WESCALDER, HUMBLE AND WALDEN ROADS, BEAUMONT, JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AND PATTERSON NAYS: NONE MOTION PASSED 3. Considera requestfora zone change from GC-MD-2(General Commercial-Multiple Family Dwelling-2) District to PUD (Planned Unit Development) District or more restrictive district for property in the 6300 block of Delaware - Ordinance 06-029 Page 3 of 12 Minutes-May 23,2006 Administration recommended approval of a zone change from GC-MD-2 (General Commercial-Multiple Family Dwelling-2)Districtto PUD(Planned Unit Development) District for property in the 6300 block of Delaware. Richard L. Guseman is requesting a zone change from GC-MD-2 (General Commercial-Multiple Family Dwelling-2)Districtto PUD(Planned Unit Development) District for a 6 acre tract of land between Delaware St. and Barrington Heights. The proposed site plan includes eight stand alone buildings that encompass a total of 48,100 sq. ft., related parking and landscaping. The development will accommodate a mix of professional/business office and commercial uses. The purpose of the rezoning to PUD is to allow some flexibility with the mixed uses planned for this project. Each use will require a specific use permit. At a Joint Public Hearing held May 15, 2006, the Planning Commission voted 8:1 to approve a zone change from GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to PUD (Planned Unit Development) District for property in the 6300 block of Delaware. Councilmember Smith made a motion to ADOPT ORDINANCE 06-029 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-2)DISTRICTTO PUD (PLANNED UNIT DEVELOPMENT)DISTRICT FOR PROPERTY LOCATED IN THE 6300 BLOCK OF DELAWARE (NORTH SIDE), BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow professional offices in a GC-MD-2 District at 575 W. Lucas - Ordinance 06-030, Ordinance 06-031 Administration recommended approval of a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow professional offices in a GC- MD-2 District at 575 W. Lucas. Shirley Reese is requesting a zone change and a specific use permit to allow professional/business offices at 575 W. Lucas. The office complex will consist of three two-story office buildings that will include 5,000 sq. ft. of space. Phase I will consist of a 2,000 sq. ft. building and related parking. Page 4 of 12 Minutes-May 23,2006 At a Joint Public Hearing held May 15, 2006, the Planning Commission voted 6:2:1 to approve a zone change from RS to GC-MD-2 District and a specific use permit to allow professional offices in a GC-MD-2 District at 575 W. Lucas subject to the following conditions and with a modification to the landscaping requirement along the north and west property lines (at the exterior stairs, a 5' landscape strip): • Modify the parking layout as required by the Transportation Manager. • Prohibit any windows along the rear of the most westerly building and prohibit any side windows on the west side of the most northerly and most southerly buildings. • Require motion detectors on the security lights that will light the parking lot from the side of the buildings. Councilmember Beaulieu made a motion to ADOPT ORDINANCE 06-030 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 GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR THE PROPERTY LOCATED AT 575 WEST LUCAS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AND PATTERSON NAYS: NONE MOTION PASSED Councilmember Beaulieu made a motion with stipulations by the Planning Commission to ADOPT ORDINANCE 06-031 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW PROFESSIONAL OFFICES IN A GC-MD-2 (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING-2)DISTRICT LOCATED AT 575 WEST LUCAS,IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider a request for a specific use permit to allow a property management office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 6325- 6331 Calder- Ordinance 06-032 Administration recommended approval of a specific use permit to allow a property management office in an RM-H (Residential Multiple Family Dwelling-Highest Page 5 of 12 Minutes-May 23,2006 Density) District at 6325-6331 Calder with a modification to the landscaping/screening requirements along the east, west and south property lines (no fencing or landscaping). Jeremiah Brammer is requesting a specific use permit to allow a property management office in an RM-H (Residential Multiple Family-Highest Density) District. The property is located at 6325-6331 Calder. Mr. Brammer owns the apartment complex and wishes to incorporate the property management office into the complex. The 30' x 40' building will be built on the grounds of the Calder West Townhomes complex. At a Joint Public Hearing held May 15, 2006, the Planning Commission voted 9:0 to approve a specific use permit to allow a property management office in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 6325-6331 Calder with a modification to the landscaping/screening requirements along the east,west and south property lines (no fencing or landscaping). Councilmember Smith made a motion to ADOPT ORDINANCE 06-032 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PROPERTY MANAGEMENT OFFICE IN AN RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT LOCATED AT 6325-6331 CALDER,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider a request for a 12 month extension for a specific use permit to allow a professional office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2065 Dowlen Road - Ordinance 06-033 Administration recommended approval of a 12 month extension for a specific use permit to allow a professional office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2065 Dowlen Road. On July 27, 2004, the City Council granted Mr. Jack Brooks a specific use permit to allow a financial advisor's office at 2175 Dowlen Road. Dr. Terry Syler is under contract with Jack Brooks to purchase the subject property. It is Dr. Syler's desire to construct a 2,500 sq. ft. orthodontist office at this location. Section 30-26 of the Zoning Ordinance states that unless construction is commenced and substantially underway within a two year period, the specific use permit becomes null and void. Dr. Syler is therefore asking for an extension to allow him time to construct his building. Page 6 of 12 Minutes-May 23,2006 At a Joint Public Hearing held May 15, 2006, the Planning Commission voted 8:0 to approve a 12 month extension for a specific use permit to allow a professional office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2065 Dowlen Road. Councilmember Smith made a motion to ADOPT ORDINANCE 06-033 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 04-055 TO GRANT A TWELVE (12) MONTH EXTENSION TO A SPECIFIC USE PERMIT TO ALLOW A PROFESSIONAL OFFICE IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICTAT2065 DOWLEN ROAD, BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. i AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider a request for a specific use permit to allow a mother-in-law quarters in an RS (Residential Single Family Dwelling) District at 850 Avenue D - Ordinance 06- 034 Administration recommended approval of a specific use permit to allow a mother-in- law quarters in an RS (Residential Single Family Dwelling) District at 850 Avenue D subject to the dwelling unit not being rented. Rocco A. Mastrangelo is requesting a specific use permit to allow a mother-in-law quarters in an RS (Residential Single Family Dwelling) District at 850 Avenue D. Mr. Mastrangelo states that his mother-in-law is 78 and can no longer manage on her own. He and his wife do not have adequate space in their house to accommodate his mother-in-law. At a Joint Public Hearing held May 15, 2006, the Planning Commission voted 9:0 to approve a specific use permit to allow a mother-in-law quarters in an RS (Residential Single Family Dwelling)District at 850 Avenue D subject to the dwelling unit not being rented. Councilmember Beaulieu made a motion to ADOPT ORDINANCE 06-034 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MOTHER-IN-LAW QUARTERS IN AN RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 850 AVENUE D, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AND PATTERSON NAYS: NONE MOTION PASSED Page 7 of 12 Minutes-May 23,2006 8. Consider a request for an amended specific use permit to allow professional offices in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3510- 3520 and 3590 Delaware - Ordinance 06-035 The Administration recommended approval of an amended specific use permit to allow professional offices in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3510-3520 and 3590 Delaware with a modification to the landscaping requirements along the east side of the property(5'-7'landscape strip along the east property line) and construction of an 8'tall wood screening fence on the east side. Sheri Arnold is requesting an amended specific use permit to allow professional/business offices at 3510-3520 and 3590 Delaware. This request includes the 0.99 acres that was granted a specific use permit in March and the additional 1.42 acres that has been acquired by Ms. Arnold. The original specific use permit included three buildings comprising a maximum of 9,850 sq. ft. The new site plan includes eight buildings comprising 25,800 sq. ft. of office space. The initial phase of development will consist of two buildings with future buildings being constructed as needed. At a Joint Public Hearing held May 15, 2006, the Planning Commission voted 9:0 to approve an amended specific use permit to allow professional offices in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3510-3520 and 3590 Delaware with a modification to the landscaping requirements along the east side of the property (5' - 7' landscape strip along the east property line) and construction of an 8' tall wood screening fence on the east side. Councilmember Smith made a motion to ADOPT ORDINANCE 06-035 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.06-018 ALLOWING PROFESSIONAL OFFICES IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT AT 3510- 3520 AND 3590 DELAWARE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AND PATTERSON NAYS: NONE MOTION PASSED 9. Consider approving the purchase of a fire truck - Resolution 06-156 Administration recommended the purchase of one (1) Lance 1,500 gallon per minute pumper truck for the Fire Department from Martin Apparatus, Inc. through the Houston-Galveston Area Council (H-GAC) in the amount of$396,901. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Page 8 of 12 Minutes-May 23,2006 The truck specified includes a 1,500 gallon per minute pump for pumping water and foam, a 750 gallon water tank, a fifty (50) gallon foam tank, and an injected foam system. This truck will replace unit 7024, a 1980 American LaFrance truck, and will be placed into service at Fire Station No. 4, located at 1301 West Lucas Street. Delivery time for the truck will be approximately 8-9 months. Funds will be provided through a five (5) year financing agreement which will be awarded at a later date. This purchase was identified in the Capital Reserve Fund as a part of the 2006 budget. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 06-156 THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ONE(1) LANCE 1,500 GALLON PER MINUTE PUMPER TRUCK FOR THE FIRE DEPARTMENT FROM MARTIN APPARATUS, INC., THROUGH THE HOUSTON-GALVESTON AREACOUNCIL(H-GAC)COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $396,901. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AND PATTERSON NAYS: NONE MOTION PASSED 10. Consider a request for a historic preservation loan for repairs to the home at 2300 Harrison - Resolution 06-157 Administration recommended approval of the request for a historic preservation loan for repairs to the home at 2300 Harrison. Charles and Vanessa Pickens have applied for an historic preservation loan for work to be done to the foundation of their house at 2300 Harrison. The Pickens' state that the work will involve replacing fourteen floor joists,two beams and leveling the house. The loan amount is $5,000. Monthly payments would be $208.33 for twenty-four months. The Historic Preservation Loan program is funded with CDBG money. Currently, there is $41,628 available in the loan account. At a Regular Meeting held May 8, 2006, the Historic Landmark Commission voted 9:0 to approve the historic preservation loan for repairs to the home at 2300 Harrison. Councilmember Patterson made a motion to APPROVE RESOLUTION 06-157THATTHE CITY MANAGER BEAN D HE IS HEREBY AUTHORIZED TO APPROVE A HISTORIC PRESERVATION LOAN IN THE AMOUNT OF FIVE THOUSAND DOLLARS($5,000)TO CHARLES AND VANESSA PICKENS FROM THE HISTORIC PRESERVATION LOAN FUND TO BE USED FOR FOUNDATION Page 9 of 12 Minutes-May 23,2006 WORK ON THE RESIDENTIAL STRUCTURE LOCATED AT 2300 HARRISON STREET. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AND PATTERSON NAYS: NONE MOTION PASSED (Mayor Goodson arrived at 2:05 p.m.) 11. Consider authorizing the City Manager to execute a Local Transportation Project Local Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) to receive Advance Congestion Mitigation/Air Quality (CMAQ) funds for construction of the alternative fueling station for the Beaumont Municipal Transit (BMT) - Resolution 06-158 Administration recommended approval of a resolution authorizing the City Manager to execute a Local Transportation Project Local Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) to receive Advance Congestion Mitigation/Air Quality (CMAQ) funds for the construction of the alternative fueling station for the Beaumont Municipal Transit (BMT). Through the efforts of the South East Texas Regional Planning Commission (SETRPC), the City was able to obtain 100 percent funding for 20 alternative fuel buses to be used by Beaumont Municipal Transit (BMT). The CMAQ funding under this agreement is administered by TxDOT and is in the amount of $200,000. A local match of$50,000 is required in order to receive this funding. In addition to this CMAQ funding, the City will also receive $472,000 in Texas Emissions Reduction Program funding and an additional$1,550,000 in other CMAQ funds. The additional CMAQ funds also require participation by the City in the amount of$387,500. The total amount of funding available for the alternative fueling system is $2,660,100. The cost associated with the construction of the proposed CNG fueling facility is estimated at $2,068,950. The remainder of the funds, $591,150, will be used to fund the operation and maintenance of the facility for approximately four(4)years. The City's local match for the CMAQ funding is $50,000. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 06-158 THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE A LOCAL TRANSPORTATION PROJECT LOCAL ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO RECEIVE ADVANCE CONGESTION MITIGATION/AIR QUALITY FUNDS FOR THE CONSTRUCTION OF THE ALTERNATIVE FUELING STATION FOR THE BEAUMONT MUNICIPAL TRANSIT. Councilmember Smith seconded the motion. Page 10 of 12 Minutes-May 23,2006 AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER PATTERSON - COMMENTED ON AN ACCIDENT THAT OCCURRED A COUPLE OF WEEKS AGO; REQUESTED ADDITIONAL SIDEWALKS AND A FOUR WAY STOP SIGN ON SARAH STREET NEAR THE ELEMENTARY SCHOOL; TRAFFIC IS VERY BAD IN THAT AREA WITH A LOT OF HIGH SPEEDERS; STATED A LOT OF CHILDREN WALK TO AND FROM SCHOOL ON SARAH STREET; THANKED CITY MANAGER AND STAFF FOR THE SIDEWALKS ALONG VIRGINIA STREET AND ABRAHAM STREET TO 4TH STREET MAYOR PRO TEM SAMUEL - REQUESTED A WORKSHOP IN THE NEAR FUTURE IN REFERENCE TO THE COMMENTS OF COUNCILMEMBER PATTERSON; ASKED THAT THE CITY LOOK AT THE AREAS NEAR MIDDLE AND ELEMENTARY SCHOOLS WHERE THERE ARE NO SIDEWALKS AND SEE WHAT THE COST WOULD BE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - COMMENTED ON THE SIDEWALKS; STATED THAT THE CITY WOULD GO OUT AND EVALUATE THE ELEMENTARY AND MIDDLE SCHOOLS AND BRING INFORMATION BACK TO COUNCIL WITH A COST TO PUT IN SIDEWALKS AROUND CERTAIN SCHOOLS; WHEN THE CAPITAL PROGRAM IS PRESENTED TO COUNCIL IF IT'S THE WISH OF THE COUNCIL IT WOULD BEAN APPROPRIATE TIME TO ADD THE SIDEWALKS TO THE CAPITAL PROGRAM WHICH IS ADOPTED AS PART OF THE BUDGET MAYOR GOODSON - THANKED MAYOR PRO TEM FOR CONDUCTING MEETING IN HIS ABSENCE; STATED THAT HE ATTENDED THE TEXAS HURRICANE CONFERENCE WHICH WILL END ON THURSDAY; HAD THE OPPORTUNITYTO MAKE INTRODUCTORY REMARKS; ALSO THANKED COUNCIL FOR LETTING HIM BE A PART OF THE OPENING SESSION OF THE CONFERENCE Page 11 of 12 Minutes-May 23,2006 Public Comments (Persons are limited to three minutes) LeRoy Lewis III 8550 Baker Rd Beaumont TX God bless the Sam Bean Family; buildings in need of demolishing; enforce noise ordinance regarding loud music as well as the amount of the fine increase to $1,000.00; also streets needing to be redone Bernitta Jackson Box 20364 Beaumont TX Complaint regarding the use of Crockett Street entertainment district for use of the "Red Neck Festival" on Crockett Street; provided definitions of the term "Red Neck" which she indicated were very offensive Joe Lewis Box 62 Beaumont TX Spoke regarding property being destroyed; racism against black and elderly; rehabilitate property instead of demolishing Open session of meeting recessed at 2:25 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Rokeisha B. Powell Claim of Elma Ardoin LaFleur v. City of Beaumont, Eric Wilson, Deane Olivier, and Tom Scofield Marshall Wiltz v. City of Beaumont Dan Dale Kelly vs. Office Scott Lisenby, et al There bein action taken in Executive Session, Council adjourned. Audio tap s re Availa le upon request in the City Clerk's Office. Mp X1,1 Guy N. odson, yor ow � I� A in Sam Pro em MAJA" i low Tina Broussard ��� � Deputy City Clerk Page 12 of 12 Minutes-May 23,2006