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Home My WebLink AboutMIN MAR 05 2002 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tern Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson March 5,2002 Audwin Samuel Lane Nichols, City Attorney Stephen J. Bonczek, City Manager Lolita Ramos, Interim City Clerk The City Council of the Cityof Beaumont,Texas, met in a regularsession on March 5,2002,atthe 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 Moore called the meeting to order at 1:33 p.m. City Attorney Lane Nichols, gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos,Ames,and Samuel. Councilmember Patterson was absent. Also presentwere Stephen J.Bonczek,City Manager;Lane Nichols,City Attorney;Lolita Ramos, Interim City Clerk;and Terri Hanks, City Clerk Administrative Assistant. Presentations and Recognitions Public Comment: Persons may speak on scheduled agenda items 6 and 7. No one wished to address the scheduled agenda items. Consent Agenda Approval of minutes - February 26, 2002 Confirmation of committee appointments - No appointments made. A) Authorize the settlement of a lawsuit (Christine Jordan in the amount of $5,500) - Resolution No. 02-053 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None GENERAL BUSINESS 1. Consider a request for a specific use permit to allow the use of a travel trailer as temporary living quarters in an RS(Residential Single Family Dwelling)District at 7535 Chelsea Place Mayor Pro Tern Goodson moved to approve Ordinance No.02-012 ENTITLEDAN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE USE OF A TRAVEL TRAILER AS TEMPORARY LIVING QUARTERS IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 7535 CHELSEA PLACE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None 2. Consider a request for a specific use permit to allow an office space/counseling for church ministries in an existing building in an RCR(Residential Conservation and Revitalization)and an LI (Light Industrial ) District Councilmember Cokinos moved to approve Ordinance No.02-013 ENTITLEDAN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN OFFICE SPACE/COUNSELING FOR CHURCH MINISTRIES IN AN EXISTING BUILDING IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AND AN LI (LIGHT INDUSTRIAL) DISTRICT, LOCATED AT 860 TRINITY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None 3. Consider request fora specific use permit to allow drinking and eating establishment with adult entertainment in a GC-MD(General Commercial-Multiple Family Dwelling)District at 4120 College Street Mayor Moore declared withdrawal of Agenda Item Number 3. 4. Consider a request for a specific use permit to open a drinking place in a GC-MD(General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway Mayor Pro Tern Goodson moved to approve Ordinance No.02-014 ENTITLEDAN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO OPEN A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT LOCATED AT4345 EASTEX FREEWAY IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS with a revision of 244 maximum occupancy. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None Minutes March 5,2002 Page 2 Because of the limited parking available, Mayor Pro Tern Goodson questioned the manner of enforcement to the revision of a maximum occupancy of 244,and confirmed Best Buy did not consent to overflow parking. Mayor Pro Tern Goodson discussed the issue of adequate parking lot lighting requirements for late night eating and drinking establishments, and requested additional information regarding the parking light requirements in other cities. Planning Manager Stephen Richardson reported the location would be self policed by the establishment and periodic inspections would be made by the Fire Department. The City Manageradded the Police Departmentwould become involved if any illegal parking occurs. Mr. Richardson stated the applicant, Mr. Jones, was comfortable with the maximum occupancy revision, he will pursue additional parking from other business neighbors, and would return to lift the restricted occupancy. The Planning Manager confirmed the applicant is proposing no additional signage and the sign will be stationary. 5. Considera requestforthe abandonmentof Milam Streetfromthe Interstate 10 right-of-way to Hillebrandt Bayou. Councilmember Smith moved to approve Ordinance No. 02-015 ENTITLED AN ORDINANCE ABANDONING MILAM STREET FROM THE INTERSTATE 10 RIGHT-OF-WAY TO HILLEBRANDT BAYOU, IN THE CITYOF BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FORTHE RETENTION OF THE ABANDONED RIGHT-OF-WAY AS A DRAINAGE AND UTILITY EASEMENT TO ACCOMMODATE THE EXISTING UTILITIES AND DRAINAGE FACILITIES. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None 6. Consider amending Section 21-75 of the Code of Ordinances relating to authorized positions in the Police Department. Councilmember Smith moved to approve Ordinance No. 02-016 ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES TO AMEND THE GRADE I AND GRADE III POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Ames, and Samuel Noes: Councilmember Cokinos 7. Consider approving the 2002 Strategic Action Plan Priority Initiatives Mayor Pro Tern Goodson moved to approve Resolution No. 02-054. Councilmember Ames seconded the motion. MOTION PASSED. Minutes March 5,2002 Page 3 Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None 8. Consider an ordinance authorizing the demolition of the structure located at 2395 Popular Councilmember Samuel moved to approve Ordinance No.02-017 ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 2395 POPLAR TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None Councilmember Samuel extended his appreciation to Demolition Field Supervisor Pam Loiacano and Clean Community Staff forthe extensive report detailing the structure,which cleared any uncertainties. 9. Consider approving an ordinance calling the General Election for May4,2002 and a Runoff Election,if necessary,for May 18,2002 to elect a Mayor and two Councilmembers at Large Mayor Pro Tem Goodson moved to approve Ordinance No.02-018 AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 4 TH OF MAY,2002,FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2)COUNCILMEMBERS-AT-LARGE; DESIGNATING POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; ORDERING A RUNOFF ELECTION IF NECESSARY TO BE HELD ON THE 18 TH DAY OF MAY, 2002; PROVIDING FOR A JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None COMMENTS Councilmembers comment on various matters Councilmember Smith spoke of the special weekend festivities, conveyed New York City Firefig hter Thomas Sullivan's appreciation of the hospitality he received,and extended kudos to Administrative Assistant Barbara Otto for coordination of the events. Minutes March 5,2002 Page 4 Mayor Pro Tern Goodson extended appreciation to the National Conference of Mayors for conducting the program to encourage tourism,and spoke of Mr.and Mrs.Sullivan as being great emissaries for New York City while promoting tourism in America. Council member Cokinos confirmed with Demolition Field Super Pam Loiacano the burned structure on West Lucas was recentlytagged as substandard and the property owner's desire to rehabilitate the structure. Council member Ames echoed comments of the weekend festivities, expressed pride with the U.S. Conference of Mayors incentive to conduct the program to promote tourism, and appreciated the opportunity to meet a firefighterwho worked at ground zero.She stated the Sullivan's were very appreciative of the South East Texas hospitality and acknowledged the overwhelming participation of sponsors. Council member Ames spoke of the Fire Museum ceremony invoking emotional memories for Firefighter Sullivan, and Firefighter Sullivan complimented the Fire Department's well maintained buildings,equipment,and apparatus. Councilmember Samuel expressed pleasure in attending the Breakfastwith the Mayorevent and especially enjoyed the entertainment provided by the young men representing Ozen High School. He acknowledged being grateful forthe opportunity of becoming passionate about Ozen High School where his daughter is also a student. Council member Samuel extended best wishes to the boy's basketball team in their bid for another state championship this weekend and prayers fora safe trip,and commended the girl's basketball team for reaching the regional finals. Mayor Moore acknowledged a great weekend with the visit of New York Firefighter Tom Sullivan and wife,Sue,and spoke of the privilege of being in the company of a true American hero. The Mayor expressed appreciation to his wife for attending events in his absence,to Administrative Assistant Barbara Otto, City Staff, and the New York tourism group fortheir coordination efforts,and to all the sponsors throughout the community fortheir participation. He praised Firefighter Sullivan forvisiting schools and shaking hands with students and the community for welcoming and sharing the spirit of South East Texas. City Manager's Report-Downtown Reinvestment Zone;Chariton Pollard Area Informational Forum; FY2003 Federal Funding Priorities; Literacy Depot TEA Funding; Nike Indoor Classic; Sales Tax Update and Sign Removal City Manager Bonczek extended appreciation to the Mayor's wife, Mrs. Elaine Moore, for filling in for the Mayor during the weekend festivities. Mr. Bonczek discussed downtown reinvestment zones,the usage of tax increment funds for important public improvements, creation of a new downtown reinvestment zone for 2004,law revisions and new requirements, and collection of tax increment financing revenues for one more additional year than was originally anticipated.The City Manager reported submittal of fiscal year2003 federal funding requests to Washington Representative Carolyn Chaneywhich focused on bus replacement, port interchange yard and sewer line replacement. Mr. Bonczek reported on the sign removal sweep conducted last Friday,and pledged enforcement and raising community awareness regarding all signs. Mayor Moore also extended appreciation to the Convention Visitors Bureau,the Fire Union, and the Fire House Band for their participation in the Tribute to Heroism events. Minutes March 5,2002 Page 5 Public Comment (Persons are limited to three (3) minutes). No one wished to comment. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Rates of Entergy/ Gulf States, Inc. There being no further business, the meeting adjourned at 2:02 p.m. David W. Moore, Mayor Lolita Ramos, Interi6 City Clerk Minutes March 5,2002 Page 6