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MIN JUN 05 2007 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr. At-Large BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Lulu L. Smith,Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tem,Ward II Audwin Samuel,Ward III June 5,2007 Jamie Smith,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, Interim City Clerk The City Council of the City of Beaumont,Texas, met in a regular session on June 5,2007, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: Mayor Ames called the council meeting to order at 1:30 p.m. OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1 and 2/Consent Agenda Consent Agenda Pastor Darryl Washington of New Booker Missionary Baptist Church gave the invocation. Councilmember W.L. Pate, Jr., led the Pledge of Allegiance. Roll call was made by Tina Broussard, Interim City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Beaulieu, Councilmembers Smith, Wright, Pate, Samuel and Patterson. Also present were Kyle Hayes, City Manager, Tyrone Cooper, City Attorney, Tina Broussard, Interim City Clerk. Farewell speech by Councilmember Patterson. Public; comments on behalf of Councilmember Patterson: Brenda Spivey 6010 Chandler Dr. Beaumont TX Thanked Councilmember Patterson for her work in Ward IV and the Terrell Park Neighborhood Association Rosetta Jones 2137 Orange St. Beaumont TX Thanked Councilmember Patterson for all of her efforts and hard work for Ward IV as well as the City of Beaumont Francis Gallow 1885 Lucille St. Beaumont TX Thanked Councilmember Patterson for keeping the doors open to the L.L. Melton YMCA,thanked her for the parks, and all of her hard work Robert E. Jones 3422 Elinor Beaumont TX Father of Councilmember Patterson, commended her on a job well done as Ward IV Councilmember and very proud of her accomplishments Minutes-June 5,2007 COUNCILMEMBER COMMENTS MAYOR PRO TEM BEAULIEU - COMMENTED THAT ANY TIME YOUR DAD TELLS YOU HE IS PROUD, YOU'VE DONE WELL,STATED TO COUNCILMEMBER PATTERSON THAT IT WAS A PLEASURE WORKING WITH HER AND WISHED HER WELL COUNCILMEMBER SAMUEL - SERVED WITH COUNCILMEMBER PATTERSON FOR A NUMBER OF YEARS,WISHED HER WELL MAYORR AMES- WISHED COUNCILMEMBER PATTERSON WELL,INVITED HER TO COME BACK AND VISIT RE-CANVASSING THE RESULTS OF THE MAY 12, 2007 CITY GENERAL ELECTION AND RECOUNT Consider approval of an ordinance re-canvassing the results of the May 12, 2007 City General Election and canvassing the recount held May 29, 2007 relating to the Ward IV Election - Ordinance 07-059 Administration recommended amending Ordinance No. 07-056 to re-canvass the results of the May 12, 2007 General Election held jointly with Jefferson County,for Mayor,two (2) Councilmembers-At-Large, four (4) Councilmembers for Wards I, II, III and IV, a park proposition authorizing the sale of Hebert Park, Maple/Oakland Park and a Portion of Pipkin Park and to canvass the results of the recount of votes cast for Ward IV Councilmember. A manual count of the constitutional amendment elections from three precincts revealed that test votes were not deleted from the voting machines before the election began. The test votes were removed from the final totals given on election night causing the final votes to change; however, this did not affect any of the election outcomes. The change in vote totals does require the election results to be re-canvassed. The recount of the votes cast in Ward IV resulted in a change of four (4) votes making it necessary to conduct a new canvass of votes for the office of Ward IV Councilmember. Jamie Smith 1,583 59.87% Bobbie J. Patterson 1,061 40.13% Councilmember Samuel moved to ADOPT ORDINANCE 07-059 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.07-056 CANVASSING THE RESULTS OF THE GENERAL ELECTION OF THE CITY OF BEAUMONT HELD JOINTLY WITH JEFFERSON COUNTY,ON THE 12T"DAY OF MAY,2007,FOR THE PURPOSE OF ELECTING A MAYOR, TWO COUNCILMEMBERS-AT-LARGE, COUNCILMEMBERS WARDS I, 11, III, AND IV; A PARK PROPOSITION AUTHORIZING THE SALE OF HEBERT PARK, MAPLE/OAKLAND PARK AND A PORTION OF PIPKIN PARK;AND TO CANVASS A RECOUNT OF VOTES CASTS FORWARD IV COUNCILMEMBER;PROVIDING FOR SEVERABILITY;AND PROVIDING A REPEAL. Councilmember Lulu Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND PATTERSON Page 2 of 13 Minutes-June 5,2007 NAYS: NONE MOTION PASSED Administration of the oath of office The results of said recount held May 29, 2007 are and the same hereby declared to have Y Y been as herein set out and the following named person was elected to the respective P P position subject to the taking of the oath of office as provided by the laws of the State of Texas: For Councilmember Ward IV Jamie Smith 59.87% Justice of the Peace Ransom "Duce" Jones, swore in the following: Jamie Smith Councilmember Ward IV Following the Oath of office, Council recessed at 2:05 p.m Recess RECONVENE MEETING Mayor Ames reconvened the Council meeting at 2:27 p.m. and a new roll call was requested. Present were MayorAmes, Mayor Pro Tern Beaulieu, Councilmembers Lulu Smith,Wright, Pate, Samuel and Jamie Smith. Also present were Kyle Hayes, City Manager, Tyrone Cooper, City Attorney, Tina Broussard, Interim City Clerk. Mayor Ames asked Councilmembers if they wished to make special comments at this time. COUNCILMEMBER JAMIE SMITH- THANKED GOD, THANKED THE CITIZENS FOR THEIR PRAYERS AND WARD IV FOR THEIR VOTES, THANKED THE BEAUMONT FIRE ASSOCIATION,THE POLICE ASSOCIATION,THE SABINE AREA LABOR COUNCIL, BEAUMONT ENTERPRISE AND THE EXAMINER FOR THEIR ENDORSEMENTS, THANKED CAROLYN GUIDRY, COUNTY CLERK, PARENTS,IN-LAWS,CHILDREN,CAMPAIGN MANAGER GWEN SPIKES AND ALSO MR. SAMS, AND THE MOST IMPORTANT OF ALL HIS WIFE MELANIE SMITH COUNCILMEMBER SAMUEL- CONGRATULATED COUNCILMEMBER JAMIE SMITH AND WELCOMED HIM ABOARD COUNCILMEMBER PATE - LOOKING FORWARD TO WORKING WITH COUNCILMEMBER JAMIE SMITH,STATED THAT JAMIE GREETED EVERYONE ON THE CAMPAIGN TRAIL WITH A SMILE AND KNOWS THAT HE WILL DO AN EXCEPTIONAL JOB Page 3 of 1:3 Minutes-June 5,2007 COUNCILMEMBER WRIGHT- CONGRATULATED COUNCILMEMBER JAMIE SMITH,STATED THAT HIS IDEAS ARE VERY POSITIVE,AND LOOKS FORWARD TO WORKING WITH HIM MAYOR PRO TEM BEAULIEU - WELCOMED COUNCILMEMBER JAMIE SMITH TO THE TEAM AND LOOKS FORWARD TO WORKING WITH HIM COUNCILMEMBER LULU SMITH - WELCOMED COUNCILMEMBER JAMIE SMITH MAYOR AMES - WELCOMED COUNCILMEMBER JAMIE SMITH TO THE TEAM, LOOKS FORWARD TO GETTING TO KNOW HIM BETTER, ALSO GAVE A HEARTFELT CONGRATULATIONS Proclamations, Presentations, Recognitions "Management Week" - June 3 - 9, 2007 - Proclamation read by Councilmember W.L. Pate, Jr.; accepted by Patrick Burken, President of the American Valve and Hydrant Chapter of the National Management Assocation Public Comment: Persons may speak on scheduled agenda items 1 and 2 /Consent Agenda. None CONSENT AGENDA Approval of minutes - May 29, 2007 Confirmation of committee appointments - None A) Authorize the City of Beaumont to enter into an agreement with The Beaumont Enterprise for production of the 2007-2008 regional visitor's guide - Resolution 07-162 B) Approve the purchase and installation of a security card access system upgrade at the Police Department - Resolution 07-163 C) Approve the sale of City-owned surplus property - Resolution 07-164 D) Authorize the settlement of the claim of Glenn McNeel vs. The City of Beaumont - Resolution 07-165 E) Authorize the settlement of the claim of Beaumont Independent School District - Resolution 07-166 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Lulu Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE Page 4 of 13 Minutes-June 5,2007 MOTION PASSED GENERAL BUSINESS 1. Consider amending Chapter 23 of the Code of Ordinances related to streets and sidewalks - Ordinance 07-060 Administration recommended approval of the amendments proposed for Chapter 23 of the Code of Ordinances. At a worksession on January 16, 2007 staff discussed the process to be used to update the Code of Ordinances. In accordance with the process that was put in place, the proposed changes to Chapter 23, related to streets and sidewalks, were provided to the City Council for review. Additional chapters will be brought forward in subsequent weeks until the full review is complete. The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Mayor Pro Tern Beaulieu moved to ADOPT ORDINANCE NO. 07-060 with addition, a layer of appeals beyond the City Manager that any final revocation could be appealed to City Council specifically Sections 23-64 and Section 23-69, ENTITLED AN ORDINANCE AMENDING CHAPTER 23,ARTICLE I,SECTIONS 23-5,23-12,23-14,23-16,23-19,23-20 AND 23-28,ARTICLE 11,SECTIONS 23-40,23-43,23-44,23-45,23-46,23-47,SUBSECTIONS 23-50(6)(2)AND(C)(4), SECTIONS 23-51, 23-52, 23-53, 23-55 AND ARTICLE III, SECTIONS 23-57, 23-59, 23-60, SUBSECTIONS 23-62(A)AND(D),23-66(A),SECTIONS 23-67 AND 23-68,SUBSECTIONS 23-69(A) AND(B)AND ADDING SUBSECTION 23-69(D),SUBSECTIONS 23-71(3)AND(5)AND SECTIONS 23- 72 AND 23-81 AND REPEALING ARTICLE I,SECTIONS 23-7,23-9.1 AND ARTICLE III,SECTION 23-64 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED 2. Consider amending Chapter 25 of the Code of Ordinances related to taxation and finance- Ordinance 07-061 Administration recommended approval of the amendments proposed for Chapter 25 of the Code of Ordinances. At a worksession on January 16, 2007 staff discussed the process to be used to update the Code of Ordinances. In accordance with the process that was put in place, the proposed changes to Chapter 25 related to taxation and finance,were provided to the City Council for review. Page 5 of 13 Minutes-June 5,2007 Additional chapters will be brought forward in subsequent weeks until the full review is complete. The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Councilmember Samuel made a motion to ADOPT ORDINANCE 07-061 ENTITLED AN ORDINANCE AMENDING CHAPTER 25, ARTICLE I, SECTIONS 25-3 AND 25-4, ARTICLE II, SUBSECTIONS 25-20(B)AND (E)AND SECTION 25-27, ARTICLE III, SECTIONS 25-54 AND 25-55, ARTICLE IV, SECTION 25-60, ARTICLE V, SECTION 25-66 AND ARTICLE VI, SECTION 25-71 AND REPEALING ARTICLE I, SECTIONS 25-1 AND 25-2, ARTICLE II, SECTIONS 25-21 THROUGH 25-26 AND SECTIONS 25-28 THROUGH 25414, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED 3. Consider approving a request to abandon a portion of Georgia Avenue from the east right- of-way line of University Avenue to the west right-of-way line on Cunningham Street - Ordinance 07-062 Administration recommended approval of a request to abandon a portion of Georgia Avenue from the east right-of-way line of University Avenue to the west right-of-way line of Cunningham Street. Gerald McCaig, representing Lamar University, is requesting that Georgia Avenue be abandoned from Cunningham Street to University Avenue. Mr. McCaig states that with the addition of the new residential facility south of Iowa, student pedestrian traffic will dramatically increase on Georgia Avenue. Students currently must cross Georgia to reach the parking lots at Speech and Hearing and Brook/Shivers Hall. The closing of vehicular traffic to the interior of the campus is part of the University's campus master plan. The type of barriers that will be installed will be of the type that could be knocked over by emergency vehicles and then return to their upright position. At a Regular Meeting held May 21, 2007, the Planning Commission voted 7:0 to approve a request to abandon a portion of Georgia Avenue from the east right-of-way line of University Avenue to the west right-of-way line of Cunningham Street subject to the following conditions: Retention of a 60' wide general utility and drainage easement. No structures or appurtenances shall be placed with the easement. Water Utilities will not be responsible for any surface restoration when water main or sanitary sewer main repairs are necessary. Page 6 of 13 Minutes-June 5,2007 Councilmember Lulu Smith made a motion to ADOPT ORDINANCE 07-062 ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF GEORGIA AVENUE FROM THE EAST RIGHT- OF-WAY LINE OF UNIVERSITYAVENUE TO THE WEST RIGHT-OF-WAY LINE OF CUNNINGHAM STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED 4. Consider approving a request for a zone change from RS (Residential Single Family Dwelling)to NC (Neighborhood Commercial) District and a specific use permit to allow a church-related food bank, clothing distribution center, food service related social services in an NC (Neighborhood Commercial) District at 145 E. Alma and 3280 Shannon - Ordinance 07-063 and 07-064 Administration recommended approval of a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District and a specific use permit to allow a church-related food bank, clothing distribution center, food service and related social services in an NC (Neighborhood Commercial) District at 145 E. Alma and 3280 Shannon with a modification to the landscaping/screening requirements along the north property line. Rosetta Jones, pastor of Kingdom Connection Outreach Church, is requesting a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial)District and a specific use permit to allow a church-related food bank,clothing distribution center, food service and related social services in an NC District. Pastor Jones states that she would like the zone change to allow her to provide the various church-related community services that she proposes. The current zoning boundary splits the vacant commercial building. At a Joint Public Hearing held May 21, 2007, the Planning Commission voted 7:0 to approve a zone change from RS(Residential Single Family Dwelling)to NC(Neighborhood Commercial)District and a specific use permit to allow a church-related food bank, clothing distribution center, food service and related social services in an NC (Neighborhood Commercial) District at 145 E. Alma and 3280 Shannon with a modification to the landscaping/screening requirements along the north property line. Councilmember Wright made a motion to ADOPTORDINANCE 07-063 ENTITLEDAN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OR 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 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT 145 E. ALMA AND 3280 SHANNON, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. Councilmember Samuel seconded the motion. Page 7 of 13 Minutes-June 5,2007 AYES: MAYORAMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED Councilmember Samuel made a motion to ADOPT ORDINANCE 07-064 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH-RELATED FOOD BANK, CLOTHING DISTRIBUTION CENTER, FOOD SERVICE AND RELATED SOCIAL SERVICES IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT 145 E. ALMA AND 3280 SHANNON IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED 5. Consider approving a request fora zone change from A-R(Agricultural Residential)District to RS (Residential Single Family Dwelling) District for property located west of Dowlen Road, north of Barrington Heights Addition - Ordinance 07-065 Administration recommended approval of a request for a zone change from A-R (Agricultural-Residential) District to RS (Residential Single Family Dwelling) District for property located west of Dowlen Road, north of Barrington Heights Addition. LEAP Engineering LLC is requesting a zone change from A-R (Agricultural-Residential) District to RS (Residential Single Family Dwelling) District for two tracts of land totaling 13.677 acres. These tracts are part of the Metropolitan Park development on the west side of Dowlen, north of Barrington Heights. The subject property will be developed as a single family residential subdivision. Thirteen of the lots will average 0.25 acres in area and eleven lots will average 0.50 acres in area. The road serving the subdivision will be private. At a Joint Public Hearing held May 21, 2007, the Planning Commission voted 7:0 to approve a request for a zone change from A-R (Agricultural-Residential) District to RS (Residential Single Family Dwelling) District for property located west of Dowlen Road, north of Barrington Heights Addition. Mayor Pro Tern Beaulieu made a motion to ADOPT ORDINANCE 07-065 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS,AND IN PARTICULARTHE BOUNDARIES OF THEZONING DISTRICTS,AS INDICATED UPON THEZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED A-R (AGRICULTURAL-RESIDENTIAL)DISTRICT TO RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED WEST OF DOWLEN ROAD, NORTH OF BARRINGTON HEIGHTS ADDITION, Page 8 of 1:3 Minutes-June 5,2007 IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Lulu Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED 6. Consider approving a request for an amended specific use permit to allow the expansion of a church in an NC (Neighborhood Commercial) District at 3655 Highland - Ordinance 07-066 The Administration recommended approval of a request for an amended specific use permit to allow the expansion of a church in an NC (Neighborhood Commercial) District at 3655 Highland. In March, 2005, Pastor Rosetta Jones of the Kingdom Connection Outreach Church requested and received City Council approval of a specific use permit to allow a church at 3655 Highland. The church has renovated an existing 7,255 sq. ft. building for use as the sanctuary and classrooms. It is now the desire of the church to construct another 2,535 sq. ft. building and additional parking adjacent to the existing building. The building will be used for church related activities. Pastor Jones states that the new building will include a banquet hall and kitchen. She says that Kingdom Connection Outreach Church is focused on improving the quality of life in the South Park community by providing a food bank, a clothes closet, nutritious meals and assistance with housing needs. At a Joint Public Hearing held May 21, 2007, the Planning Commission voted 7:0 to approve for an amended specific use permit to allow the expansion of a church in an NC (Neighborhood Commercial) District at 3655 Highland subject to the following conditions: Delete the two parking spaces in the northeast corner of the property Modify the dumpster space to allow for on-site maneuvering of garbage trucks and a minimum 20' wide driveway and with a modification to the landscaping/screening requirements along the east property line (no fencing along the entire length, 8' wide landscape strip along the north 120' and no landscape strip along the south 84'). Councilmember Lulu Smith made a motion to ADOPT ORDINANCE 07-066 ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A CHURCH IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT LOCATED AT 3655 HIGHLAND IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Wright seconded the motion. Page 9 of 13 Minutes-June 5,2007 AYES: MAYORAMES MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED 7. Consider approving a request for a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization) District at 1619 Park - Ordinance 07-067 The Administration recommended approval of a request for a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization) District at 1619 Park. New Beginning Christian Church is requesting a specific use permit to allow a church in an existing commercial building at 1619 Park. Lavelle Lemonier, the Senior Pastor, is making the request on behalf of the church. Reverend Lemonier states that church services will be held every Sunday at 10:30 a.m. Bible study will be held on Wednesday nights at 7:00 p.m. Other church activities will be held during the week. The church sanctuary will seat approximately 50 persons. Required parking will be provided along the north side of the building. Additional parking is available on the east side of the building. At a Joint Public Hearing held May 21, 2007, the Planning Commission voted 7:0 to approve a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization) District at 1619 Park. Mayor Pro Tern Beaulieu made a motion to ADOPT ORDINANCE 07-067 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 1619 PARK IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Lulu Smith seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE,SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED 8. Consider approving a request for the removal of a lot out of the Oaks Historic District at 2335 Calder- Ordinance 07-068 The Administration recommended approval of a request for the removal of a lot out of the Oaks Historic District at 2335 Calder. Wayne Ingwersen is requesting the removal of his lot at 2335 Calder out of the Oaks Historic District. The lot was previously occupied by a two story apartment building that was demolished in 2006 with approval by the Historic Landmark Commission. In November, 2006, the Historic Landmark Commission approved a Certificate of Page 10 of 13 Minutes-June 5.2007 Appropriateness fo r a restaurant addition and baron the subject property. The In wersens own and operate Easy's Restaurant next door at 2325 Calder. When the Oaks Historic District was expanded south of Calder, 2335 and 2345 Calder were included in the Oaks Historic District at the request of the previous property owner. These are the only two properties fronting on the south side of Calder that are within the historic district. On May 14, 2007, the Historic Landmark Commission recommended approval of this request. At a Joint Public Hearing held May 21, 2007, the Planning Commission voted 6:0:1 to approve a request for the removal of a lot out of the Oaks Historic District at 2335 Calder. Councilmember Lulu Smith made a motion to ADOPT ORDINANCE 07-068 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING MAP OF BEAUMONT,TEXAS, BY REMOVING THE ZONING DESIGNATION OF HC(HISTORIC CULTURAL LANDMARK PRESERVATION)OVERLAY DISTRICT FOR PROPERTY LOCATED AT 2335 CALDER,BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER LULU SMITH - NONE MAYOR PRO TEM BEAULIEU- SYMPATHY GOES OUT TO THE FAMILY OF MR.JERRY RIGGS, WHO PASSED AWAY, HE WAS A VERY ACTIVE MEMBER OF THE AMELIA AREA AND PRESIDENT OF THE AMELIA NEIGHBORHOOD ASSOCIATION COUNCILMEMBER WRIGHT- ENJOYED THE RECEPTION THAT WAS HELD FOR COUNCILMEMBER JAMIE SMITH, APOLOGIZED FOR NOT ATTENDING THE NEIGHBORHOOD ASSOCIATION MEETINGS, ALSO EXPRESSED TO EVERYONE TO STOP BY AND VISIT THE ART MUSEUM COUNCILMEMBERPATE - WELCOMED COUNCILMEMBER JAMIE SMITH, CONGRATULATED LAMAR UNIVERSITY'S GOLF TEAM FOR COMING IN 3RD PLACE IN THE NCAA COUNCILMEMBER SAMUEL- CONGRATULATIONS TO LAMAR UNIVERSITY Page 11 of 13 Minutes-June 5,2007 COUNCILMEMBER JAMIE SMITH - ANNOUNCED THAT THE OMEGA PSI PHI CHAPTER WILL BE SPONSORING A BLOOD DRIVE ON SATURDAY JUNE 9,2007 FROM 11:00 A.M. TO 3:00 P.M. AT 3360 WASHINGTON CELEBRATING DR. CHARLES DREW CITY ATTORNEY COOPER- CONGRATULATED COUNCILMEMBER JAMIE SMITH CITY MANAGER HAYES - CONGRATULATED COUNCILMEMBER JAMIE SMITH AND HIS FAMILY,AND LOOKS FORWARD TO WORKING WITH HIM MAYOR AMES - THANKED MAYOR PRO TEM FOR THE ANNOUNCEMENT INFORMING EVERYONE ON THE PASSING OF MR. JERRY RIGGS, ALSO ANOTHER LOSS WITH THE NEIGHBORHOOD ASSOCIATION, PRESIDENT OF THE SOUTH PARK NEIGHBORHOOD ASSOCIATION LOST HER HUSBAND, CONDOLENCES GO TO HER AND HER FAMILY Public Comments (Persons are limited to three minutes) W.R. Sam 1760 Rena Beaumont TX Congratulated all Councilmembers,especially to Councilmember Jamie Smith,who will do a great job in Ward IV Carolyn Guidry 4490 Booker Beaumont TX Congratulated all Councilmembers; good luck to Dr.Lulu Smith who will be retiring, but will be working with the Art Museum. Ms. Guidry stated that Councilmember Jamie Smith is a leader and knows how to follow when required. Marie Hubbard 1990 Nora Street Beaumont TX Proud of each and every Councilmember elected, would like to see the Council get back to the old City Council Brenda Spivey 6010 Chandler Dr. Beaumont TX Congratulated Councilmember Jamie Smith from the Terrell Park Community and the City of Beaumont, looks forward to working with all of the Council. William Johnson 1045 Madison St. Beaumont TX Still recovering from Hurricane Rita, Mr. Johnson stated that his home is still in need of repairs, he is in need of help from the City, also Poplar St. and Madison St. has a water leak, the grass at 1005 Madison needs cutting There being no Executive Session, Council adjourned at 3:16 p.m. Page 12 of 13 Minutes-June 5,2007 Audio recordings are available upon request in the City Clerk's Office. b rg �j,L Becker Ames, Ma eo �.. Tina Broussard, nterim City Clerk U "' Page 13 of 13 Minutes-June 5,2007