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Home My WebLink AboutMIN AUG 27 2002 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith, Mayor Pro Tem EVELYN M. LORD, MAYOR Guy N. Goodson Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson August 27, 2002 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 August 27, 2002, 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. The Reverend James Blackwell, Pastor of South Park Baptist Church, gave the invocation. Councilmember Becky Ames led the pledge of allegiance. 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 Terri Hanks, Deputy City Clerk. Presentations and Recognitions - There were no presentations and recognitions made. Public Comment: Persons may speak on scheduled agenda item one and items 8-12. Mr. Allen Lee, 5095 Maddox, commented on Agenda Item Number one. Consent Agenda Approval of minutes - Minutes of August 20, 2002. Confirmation of committee appointments - Reappointments: John Johnson and Gene Arnold, Small Business Revolving Load Fund Advisory Committee,forterms expiring June 22, 2004 - Resolution No. 02-203 A) Approve mutual aid agreements between the City of Beaumont and the cities of Port Neches, Bevil Oaks, China and Nome - Resolution No. 02-204 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Ames 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 approving an ordinance approving the initial rate period and initial long rates for the $30 million City of Beaumont, Texas, Waterworks and Sewer System Adjustable Rate Revenue Bonds, Series 2002 RBC Dain Rauscher Managing Director Frank Ildebrando recommended the rates as shown in Exhibit "A." Councilmember Goodson moved to approve Ordinance No. 02-057 ENTITLED AN ORDINANCE APPROVING THE INITIAL RATE PERIOD AND INITIAL LONG RATES FOR THE CITY OF BEAUMONT, TEXAS WATERWORKS AND SEWER SYSTEM ADJUSTABLE RATE REVENUE BONDS, SERIES 2002. 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 2. Consider a request to amend the Zoning Ordinance, Section 30-33 (b) 2, Special Conditions, Adult Entertainment Uses, to delete, as an allowed use by right or with a specific use permit, eating places ( SIC 5812 ) and drinking places ( SIC 5813 ) that have adult entertainment and video tape rental (SIC 7841 )that rents adult video tapes from the RCR, NC, NSC, GC-MD, GC-MD-2 and GC-MD-3 Districts Mayor Pro Tern Smith moved to approve Ordinance No. 02-058 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES BY AMENDING SECTION 30-33 (b)(2),TO THE ZONING ORDINANCE; PROVIDING FOR THE DELETION AS AN ALLOWED USE BY RIGHT OR WITH A SPECIFIC USE PERMIT,EATING PLACES(SIC 8512)AND DRINKING PLACES(SIC 5813)THAT HAVE ADULT ENTERTAINMENT AND VIDEO TAPE RENTAL (SIC 7841) THAT RENTS ADULT VIDEO TAPES SHALL BE ALLOWED IN THE RCR, NC, NSC, GC-MD, GC-MD-2 AND GC-MD-3 DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel 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 for a specific use permit to allow a dental office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at the Northeast corner of Phelan Boulevard at Mathews Lane Councilmember Cokinos moved to approve Ordinance No. 02-059 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DENTAL OFFICE IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT THE NORTHEAST CORNER OF PHELAN BOULEVARD AT MATTHEWS LANE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel, and Patterson Nays: None Minutes -August 27,2002 Page 2 4. Consider a request for an amended specific use permit to allow revisions to building and parking layout and landscaping of an office building in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District at 6380 Folsom Mayor Pro Tern Smith moved to approve Ordinance No. 02-060 ENTITLED AN ORDINANCE AMENDING ORDINANCE 01-038 TO ALLOW A WAIVER OF THE 30'WIDE LANDSCAPE BUFFERS ON THE EAST AND WEST SIDES OF THE PROPERTY LOCATED AT 6380 FOLSOM; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALAND PROVIDING A PENALTY. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel, and Patterson Nays: None 5. Consider a request for a specific user permit to allow commercial and professional office space in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) and RM-H (Residential Multiple Family Dwelling-Highest Density) District at the northeast corner of Phelan Boulevard and Shakespear Drive Councilmember Goodson moved to approve Ordinance No. 02-061 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COMMERCIAL AND PROFESSIONAL OFFICE SPACE IN A GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)AND RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT THE NORTHEAST CORNER OF PHELAN BOULEVARD AND SHAKESPEARE DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel, and Patterson Nays: None 6. Consider a request for a specific user permit to allow the expansion of a gymnastics studio in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 7575 Highway 105 Councilmember Cokinos moved to approve Ordinance No. 02-062 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A GYMNASTICS STUDIO IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 7575 HIGHWAY 105 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel, and Patterson Nays: None 7. Consider a request for a specific user permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1570 Roberts Avenue Minutes -August 27,2002 Page 3 Councilmember Samuel moved to approve Ordinance No.02-063 ENTITLEDAN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT LOCATED AT 1570 ROBERTSAVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel, and Patterson Nays: None 8. Consider a request to abandon the west 20' x 150' of the alley in Block 4, Jarrett Addition Councilmember Cokinos moved to approve Ordinance No. 02-064 ENTITLED AN ORDINANCE ABANDONING THE WEST 20' X 150' OF THE ALLEY IN BLOCK 4, JARRETT ADDITION SUBJECT TO RETAINING THE NECESSARY UTILITY EASEMENTS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 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 9. Consider a request to abandon a 10'general utility easement out of Lots 1-3, Heather and Corey Place Addition Councilmember Ames moved to approve Ordinance No. 02-065 ENTITLED AN ORDINANCE ABANDONING A 10'GENERAL UTILITY EASEMENT OUT OF LOTS 1-3, HEATHER AND COREY PLACE ADDITION IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 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 10. Consider a request to abandon a 25'wide utility easement in Milam Street between IH-10 and Hillebrandt Bayou Councilmember Goodson moved to approve Ordinance No. 02-066 ENTITLED AN ORDINANCE ABANDONING A UTILITY EASEMENT RETAINED AFTER ABANDONMENT OF THAT PORTION OF MILAM STREET WEST OF IH-10 AND HILLEBRANDT BAYOU IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL. 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 11. Consider adopting the Parks, Recreation and Open Space Plan Element of the Comprehensive Plan Minutes -August 27,2002 Page 4 Councilmember Goodson moved to approve Resolution No. 02-205. 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 12. Consider approval of an annual contract for container and solid waste collections Mayor Pro Tern Smith moved to approve Resolution No. 02-206 awarding an annual contract to Waste Management for an estimated monthly amount of $3,697.72 and an estimated yearly amount of $44,372.64. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel, and Patterson Nays: None WORK SESSION FY 2003 Budget - The Work Session was not conducted. COMMENTS Councilmembers comment on various matters Councilmember Goodson announced the Ward II Budget Presentation to be conducted Tuesday, September 3, 2002 at the Forrest Park United Methodist Church. Councilmember Patterson announced the South Park Neighborhood Association will meet 6:30 p.m., Thursday, at the South Park Baptist Church. Public Comment ( Persons are limited to three (3) minutes ) Speakers making comments included: Ms. Delores Davis, Post Office Box 653 Mr. George Smith, 5375 Landry Lane Mr. Richard Moaney, 1835 Pierce Street Ms. Geraldine Lemell, 887 Van Buren Ms. LaToya Ware, 1930 Franklin Ms. Wanda Allison, 4920 Beaumont Drive Mr. Allen Lee, 5095 Maddox Ms. Shanna Davis, 1930 Franklin Mr. Leroy Lewis III, 1855 North Audio and video tapes are available upon request in the City Clerk's Office. Minutes -August 27,2002 Page 5 First City Tower, Suite 400 .NA, , 1001 Fannin Houston,TX 77002 > '` (713) 651-3346 (713) 651-3347 Fax Frank J.Ildebrando (800) 727-7391 Toll Free Managing Director Public Finance Phone (713) 651-3370 Fax (713) 651-3347 August 26, 2002 Ms. Kandy Daniel City of Beaumont 801 Main, Room 110 Beaumont, TX 77704-3113 Re: $30,000,000 City of Beaumont, Texas Waterworks and Sewer System Adjustable Rate Bonds, Series 2002 Dear Kandy: Listed below are the rates quoted to us by J.P. Morgan on the above referenced Bonds as of August 26, 2002. Date Rate 9/1/2003 2.00% 9/l/2004 2.25% 9/1/2005 2.75% 9/1/2006 3.15% 9/l/2007 3.50% I recommend the City select the following rates: $11,505,000 due 9/1/2006 at 3.15% $18,495,000 due 9/1/2007 at 3.50% If you have any questions regarding the above rates or the procedure in setting the new rate, please do not hesitate to call me. Sincerely, c'v`L okc'Z-C. ---C<r Frank J. Ildebrando Member NYSE• SIPC Managing Director EXHIBIT "A" There being no further business, the meeting adjourned at 2:20 p.m. Evelyn M. Lord, a or v IL IV Susan Henderson, City Clerk Minutes -August 27,2002 Page 6