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MIN JAN 07 2003 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith, Mayor Pro Tern EVELYN M. LORD, MAYOR Guy N. Goodson Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson January 7, 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 January 7, 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 1:30 p.m. City Attorney Lane Nichols led the invocation. Councilmember Cokinos led the pledge of allegiance. Roll call was made by Susan Henderson, City Clerk. Present at the meeting were: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson. Also, present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Susan Henderson, City Clerk; and Betty Braxton, Deputy Clerk. Proclamations, Presentations and Recognitions None Public Comment: Persons may speak on items listed on the Consent Agenda or on any General Business item. None CONSENT AGENDA • Approval of minutes - Minutes of December 31, 2002 Confirmation of committee appointments- Resolution 03-001 Dohn Labiche would be appointed to the Parks and Recreation Advisory Committee. The term would commence January 7, 2003 and expire January 6, 2005. (Mayor Evelyn M. Lord) Justin Howard would be appointed to the Board of Adjustment (Zoning) as an alternate. The term would commence January 7, 2003 and expire January 6, 2005. (Mayor Evelyn M. Lord) Pat Avery would be appointed to the Board of Adjustment (Zoning). The term would commence January 7, 2003 and expire January 6, 2005. (Mayor Evelyn M. Lord) Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None GENERAL BUSINESS 1. Consider appointing a Chief Magistrate to a two-year term. The City Charter states "there shall be one or more magistrates of said Municipal Court known as City Magistrates, one of whom shall be designated as Chief Magistrate." James D. McNicholas was designated the Chief Magistrate on November 12, 2002. Theodore Johns was designated as a City Magistrate on the same date. Councilmember Samuel moved to approve Resolution 03-002 approving Craig Lively as a City Magistrate for a two year term. Mayor Pro Tern Lulu Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Ames, Samuel and Patterson Nays: Councilmember Cokinos Councilmember Cokinos opposed the motion with the expressed statement that his choice for the new City Magistrate position was Bob Wortham. 2. Consider a request for an amended specific use permit to allow the expansion of overflow parking for a dental office at 3395 North Street at 18th Street. Administration recommended approval of an amended specific use permit to allow the expansion of overflow parking for a dental office at 3395 North Street at 18th Street,subject to additional requirements set forth below being met. City Council approved a specific use permit to allow a 10 space parking lot for a dental office in July, 2001. However, when the lot was built, another five (5) spaces were constructed for a total of 15 spaces. City staff contacted the applicant that an amended specific use permit would be required. At a joint Public Hearing with City Council held December 16, 2002, the Planning Commission voted 7:0 to approve an amended specific use permit to allow the expansion of overflow parking for a dental office at 3395 North Street at 18th Street, subject an 8'tall screening fence along the south and east sides of the property, the planting of shrubs along the edge of the five parking spaces on the north side of the parking lot and installation of the drainage improvements recommended by Mark Whiteley and Associates, including the installation of a surface inlet at 18th and North, the installation of an underground pipe connecting the proposed inlet to the existing inlet, and the straightening and grading of the ditch. Mayor Pro Tern Smith moved to approve Ordinance No. 03-001 approving an amended specific use permit to allow the expansion of overflow parking for a dental office at 3395 North Street at 18th Street, subject to an 8' tall screening fence along the south and east sides of the property, the planting of shrubs along the edge of the five parking spaces on the north side of the parking lot and installation of a surface inlet at 18th and North, the installation of an underground pipe connecting the proposed inlet to the existing inlet, and the straightening and grading of the ditch. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 3. Consider a request to abandon the 20' alley in Block 3 of North Addition located between Texas and Grand Avenue and IH-10 and Catalpa Avenue. Administration recommended approval of the request to abandon the 20' alley in Block 3 of North Addition located between Texas and Grand Avenue and IH-10 and Catalpa Avenue. Mount Gilead Missionary Baptist Church is planning to expand its church facility at 710 IH- 10E. As a result of the expansion, additional parking is needed. The subject block will be developed as a parking lot, therefore the need for the abandonment of the alley. At a Regular Meeting held December 16, 2002, the Planning Commission voted 7:0 to approve the abandonment of the 20' alley in Block 3 of North Addition located between Texas and Grand Avenue and IH-10 and Catalpa Avenue. Councilmember Samuel moved to approve Ordinance 03-002 approving a request to abandon the 20' alley in Block 3 of North Addition located between Texas and Grand Avenue and IH-10 and Catalpa Avenue. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 4. Consider the re-adoption of the Land Use Plan Element of the Comprehensive Plan and its accompanying "Development Strategies Plan" and re-adoption of the Major Street & Highway Plan "Map" and accompanying "Appendix A" defining street and highway development standards of the plan, all of which are components of the Comprehensive Plan of the City of Beaumont. This agenda item was deferred until January 14, 2002 by the City Manager, Kyle Hayes. 5. Consider a resolution authorizing the City Manager to execute a contract for the Water Treatment Plant High Service Pump Station Electrical Improvements. Administration recommended approval of a contract with Gulf Coast Electric, Beaumont, Texas, in the amount of $95,000.00 to provide primary feed to the medium voltage switchgear and feed to the 480 Volt system on the water treatment plant's high service pump station. Funds for the project are available in the Water Utilities Division Capital Improvements. The ground storage tank under construction is 75% complete. It is scheduled to be in service by April,2003. This new ground storage tank will house several pumps that should supply adequate watervolume and pressure to the City. The modifications to the electrical sub-station are necessary to provide the new pumps with the required electrical demand. Councilmember Goodson moved to approve Resolution 03-003 authorizing the City Manager to execute a contract for the Water Treatment Plant High Service Pump Station Electrical Improvements project. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 6. Consider approval of a contract with BUILD, Inc., Beaumont Main Street. Administration recommended entering into a contact with BUILD, Inc., Beaumont Main Street to further economic growth in downtown Beaumont in the amount of $25,000.00. Funds are available for economic development purpose in the FY 2003 General Fund budget. The Beaumont Main Street program has established a partnership between the public and private sectors that is dedicated to the revitalization of Beaumont's historic Central Business District. The annual contribution from the City will be matched with other local funds and used to promote downtown business development and retention. Mayor Pro Tern Smith moved to approve Resolution 03-004 authorizing City Manager to enter into a contract for$25,000.00 with BUILD, Inc., Beaumont Main Street for the period January 1, 2003 through December 31, 2003. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None Mayor Evelyn Lord recessed the regular City Council Meeting at 1:40 p.m. "CONVENE MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION. Mayor Evelyn Lord convened the meeting of the Beaumont Housing Finance Corporation at 1:41 p.m. to consider the following item: 1. Council consider a resolution authorizing the donation of funds to the City of Beaumont in the amount of $15,497.51 to be used for educational purposes at the Beaumont Public Libraries. Administration recommended approval of a resolution authorizing the donation of funds to the City of Beaumont in the amount of$15,497.51 to be used for educational purposes at the Beaumont Public Libraries. The Beaumont Housing Finance Corporation defeased its Single Family Mortgage Revenue Refunding Bonds, Series 1991 and received net proceeds in the amount of $218,393.66 in October, 2001. Section 394.033 of the Texas Local Government Code authorizes the Corporation to make donations for the public welfare or for charitable, scientific or educational purposes. The board elected to donate these proceeds to the Art Museum of Southeast Texas, Southeast Texas Arts Council, Beaumont Library Literacy Program and Tyrrell Historical Library. Additional proceeds of $15,497.51 have been received in connection with recent defeasance of bonds. Councilmember Goodson moved to approve Resolution 03-005 authorizing the donation of funds to the City of Beaumont in the amount of $15,497.51 to be used for educational purposes at the Beaumont Public Libraries. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None Mayor Evelyn Lord adjourned the meeting of the Beaumont Housing Finance Corporation at 1:43 p.m. Mayor Lord then reconvened the regular meeting of the City Council at 1:44 p.m. EXECUTIVE SESSION As required by law, Mayor Evelyn Lord read an announcement that Council would reconvene for Executive Session immediately following the adjournment of the regular meeting of City Council to consider the following: • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Debra Matthews COMMENTS * Councilmembers comment on various matters Mayor Pro Tern Smith - None Councilmember Goodson thanked all 13 applicants who applied for the City Magistrate position for their interest in serving the citizens of Beaumont. Councilmember Cokinos - None Councilmember Ames - None Councilmember Patterson expressed her appreciation to the 13 applicants for the City Magistrate position for their desire to serve in that capacity for the City of Beaumont. Councilmember Patterson also expressed her excitement about the DARE Program she'd attended earlier that morning. She stated that the program was well presented with various schools participating together for the first time. City Manager Kyle Hayes - None Mayor Evelyn Lord also thanked those who had applied for the City Magistrate position. Mayor Lord was impressed with the superb candidates and their interest in the position of City Magistrate. Mayor Lord also stated how well done the DARE Program, held earlier that morning, was presented. She thanked Beaumont Police Officer George Martin for his hard work with the children involved in DARE. Mayor Lord announced that on Thursday, January 9,2002, a special training forum for Homeland Security would be held at the Beaumont Civic Center for area Mayors only. As of the time of City Council meeting, 14 mayors were scheduled to attend. The special session would be to inform and prepare Mayors on their role in the event an incident of mass destruction would befall their respective city. Public Comments (Persons are limited to three minutes) Clarence Provost 2170 Washington Blvd Beaumont, TX Mr. Provost asked Mayor Lord to review a program he is trying to have aired on criminals and criminal activity in the City of Beaumont. Carolyn Howard, 595 Orleans Beaumont, TX Executive Director, Beaumont Main Street Mrs. Howard thanked Mayor Lord and City Council for their continued support of Beaumont Main Street. Elray Wolf 5595 Minner Dr Port Arthur, TX Mr. Wolf addressed Council on behalf of other citizens concerned about the possible cut backs of bus routes within the City. He expressed mainly that many citizens are not privy to automobiles, relying heavily on the public bus system to get to and from work, as well as to shop. He asked Council for their careful consideration to his request to not reduce any city routes. Audio and video tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 1:52 p.m. Mayor Evely Lord / .. I — I rk