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Home My WebLink AboutMIN MAY 25 2004 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith EVELYN M. LORD, MAYOR Nancy Beaulieu Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson May 25, 2004 Audwin Samuel Lane Nichols, 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 25, 2004, 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 7-10/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Chapel Colonial Harland Merriam of St. Andrews Presbyterian Church gave the invocation. Fred A. Simon led the Pledge of Allegiance, after which he sang "America". Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tem Ames, Councilmembers Smith, Beaulieu, Cokinos, Samuel and Patterson. Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Rose Ann Jones, City Clerk. ELECTION CERTIFICATION - MAYOR AND TWO COUNCILMEMBERS-AT-LARGE Consider approval of an ordinance canvassing the results of the May 15, 2004 City General Election - Ordinance 04-032 Councilmember Beaulieu moved to ADOPT ORDINANCE 04-032 TO ADOPT THE CANVASS OF RETURNS OF THE GENERAL ELECTION HELD IN THE CITY OF BEAUMONT ON THE 15TH DAY OF MAY, 2004, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO COUNCILMEMBERS-AT-LARGE. Councilmember Smith seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED * Administration of the oath of office Minutes-May 25,2004 Judge James McNicholas, Chief Magistrate, administered the Oath of Office to Mayor Lord and Councilmember-At-Large Ames and Councilmember-At-Large Cokinos * Recess was called at 1:45 p.m. RECONVENE OPEN MEETING - Meeting was reconvened at 2:00 p.m. Proclamations, Presentations, Recognitions 1. Fred A. Simon - Presentation was read by Mayor Lord declaring May 25, 2004 as "Fred A. Simon Day" in the City of Beaumont; accepted by Fred A. Simon 2. United States President's Volunteer Service Award-Presentation to Mayor Lord was read by Marie Broussard on behalf of the President's Council on Service and Civic Participation; accepted by Mayor Lord Public Comment: Persons may speak on scheduled agenda items No. 7-10/Consent Agenda. Sam Parigi Jr. 445 N. 14th Street Beaumont TX Item #10: Feels that the additional 90 days should be granted so that additional time for discussion to address the issue of sign regulation and to beautify the City Lori Leister 705 20th Street Beaumont TX Item #10: In favor of granting an additional 90 days to allow more time for the committee to propose a sign ordinance which is fair to all George Crawford 1580 Central Beaumont TX Item#10: Would like to give the committee more time to study the issues and not just ban signs CONSENT AGENDA * Approval of minutes - Minutes of May 18, 2004 Confirmation of committee appointments - None A) Approve the allocation of HOME funds to Stone Way Limited Partnership to assist with architectural and engineering costs associated with the construction of a 104-unit apartment complex at 1650 East Lucas Drive, conditioned upon the organization receiving a 2004 allocation from the Texas Department of Housing and Community Affairs for this project - Resolution 04-112 Page 2 of 10 Minutes-May 25,2004 B) Approve a contract between the City of Beaumont and the Beaumont Community Housing Development Organization (BCHDO) - Resolution 04-113 C) Approve a contract for the Summer Food Service Program - Resolution 04-114 D) Authorize the acceptance of a 5-foot wide sanitary sewer easement off Fannett Road (State Highway 124) for the placement of a new sanitary sewer line - Resolution 04-115 E) Approve the waiver of penalties and interest on three tax accounts processed by the Jefferson County Tax Assessor-Collector's Office - Resolution 04-116 F) Authorize the settlement of the claim of Toshiba Patterson - Resolution 04-117 G) Authorize the settlement of the claim of Stephen Thompson - Resolution 04-118 H) Authorize lawsuits where necessary to collect checks returned for insufficient funds or other banking related reasons - Resolution 04-119 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1) Conduct an election of Mayor Pro Tempore Councilmember Samuel nominated Councilmember Patterson as Mayor Pro Tempore; a second was not received. Councilmember Samuel nominated Councilmember Cokinos as Mayor Pro Tem. Councilmember Patterson seconded the motion. AYES: COUNCILMEMBERS SAMUEL AND PATTERSON NAYS: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU AND COKINOS MOTION FAILED Page 3 of 10 Minutes-May 25,2004 Councilmember Beaulieu nominated Councilmember Ames as Mayor Pro Tem Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2) Consider a request for a specific use permit to allow a cellular tower in an NC (Neighborhood Commercial) District at 2380 Briarcliff-Withdrawn 3) Consider a request for a specific use permit to allow a residential care facility in an RCR (Residential Conservation and Revitalization) District at 1901 Park Street Motion made by Councilmember Samuel to table this item for two weeks so that additional information can be obtained. Councilmember Beaulieu seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4) Consider a request for a specific use permit to allow a wrecker service in a GC-MD- 2(General Commercial-Multiple Family Dwelling-2) District at 1575 S. Major Drive- Ordinance 04-033 Administration recommended approval of a specific use permit to allow a wrecker service in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 1575 S. Major Drive subject to limiting the height of the sign to 12' and the sign area to 5' x 10' and with a modification to the landscaping requirement along the east side of the property. Landry Rountree requested a specific use permit to allow the operation of his wrecker service at 1575 S. Major Drive. This property will be used for office space, carport and a storage facility that will be restricted to no more than 10 vehicles. Mr. Neff, the adjacent property owner requested that no trees be planted along their mutual boundary. At a Joint Public Hearing held May 17, 2004, the Planning Commission voted 6:0 to approve a specific use permit to allow a wrecker service in a GC-MD-2 District at 1575 S. Major Drive subject to limiting the height of the sign to 12' and the sign area to 5' x 10' and with a modification to the landscaping requirement along the east side of the property. Page 4 of 10 Minutes-May 25,2004 Councilmember Smith moved to ADOPT ORDINANCE 04-033 GRANTING A SPECIFIC USE PERMIT TO ALLOW A WRECKER SERVICE IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2)DISTRICT LOCATED AT 1575 S. MAJOR DRIVE IN THE CITY OF BEAUMONT. Councilmember Beaulieu seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5) Consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4120 College Street - Ordinance 04-034 Administration recommended approval of a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4120 College Street. The new business, Wild Bill's, will sell alcoholic beverages with a limited food menu. The proposed hours of operation will be from 11:00 a.m. to 2:00 a.m. There will be no adult entertainment occurring at the facility. At a Joint Public Hearing held May 17, 2004, the Planning Commission voted 6:0 to approve a specific use permit to allow a drinking place in a GC-MD District at 4120 College Street. Councilmember Smith moved to ADOPT ORDINANCE 04-034 GRANTING A SPECIFIC USE PERMIT TO ALLOW A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 4120 COLLEGE IN THE CITY OF BEAUMONT. Mayor Pro Tem Ames seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6) Consider a request for an HC-L (Historic Cultural-Landmark Preservation) Designation for the property at 2494 Avenue F - Ordinance 04-035 Administration recommended approval of an HC-L (Historic Cultural-Landmark Preservation) Designation for the property at 2494 Avenue F. The house was built in 1896. The house is Victorian in style and is one of the oldest structures in that part of the City. Deed records show that the land was once Page 5 of 10 Minutes-May 25,2004 owned by G. W. O'Brien. R. Cartwright, for which the Cartwright Subdivision was named, later owned the property. In 1901, Alice Boykin Pattillo purchased the home. The house is listed in the 1977 SPARE Beaumont survey. SPARE considered the house worthy of a local historical designation. At a Public Hearing held May 10, 2004, the Historic Landmark Commission voted 11:0 to approve an HC-L Designation for the property at 2494 Avenue F. At a Joint Public Hearing held May 17, 2004, the Planning and Zoning Commission voted 6:0 to approve an HC-L Designation for the property at 2494 Avenue F. Counci(member Cokinos moved to ADOPT ORDINANCE 04-035AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICT, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY ESTABLISHING AN HC-L DESIGNATION FOR THE HOMESTEAD OF MITCHELL NORMAND, LOCATED AT 2494 AVENUE F IN THE CITY OF BEAUMONT. Councilmember Samuel seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7) Consider a request to abandon a 20' utility easement at 7860 Jill Lane-Ordinance 04-036 Administration recommended approval of the request to abandon a 20' utility easement at 7860 Jill Lane. Mark Cole, the property owner, requested the abandonment of a 20' general utility easement that runs along the rear of his property at 7860 Jill Lane. Mr. Cole is wishing to install an in-ground swimming pool in his back yard. At a Regular Meeting held May 17, 2004, the Planning Commission voted 6:0 to approve the request to abandon a 20' utility easement at 7860 JiII Lane. Councilmember Smith moved to ADOPT ORDINANCE 04-036 ABANDONING A 20'UTILITY EASEMENT AT 7860 JILL LANE IN THE CITY OF BEAUMONT. Councilmember Beaulieu seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Page 6 of 10 Minutes-May 25,2004 8) Consider approving the sale of City owned surplus real property - Resolution 04- 120 Administration recommended the sale of a 35.85 tract of land located at 5920 Garner Road to Market Developers, LLC for $161,325 On December 19, 2000, the property was gifted to the City of Beaumont by Dr. Neal Foley for Neighborhood Revitalization Project development. The project was to provide approximately 100 single family homes for low to moderate income families. Development costs prohibited the City from proceeding with construction of the infrastructure required for a residential housing subdivision. It was determined that it would be most economical for the City to sell the property to a private developer with a restriction that a portion of the lots be donated to an approved Community Housing Development Organization (CHDO) for low to moderate income housing. The terms of the sale included that the property be used for residential development and be developed in accordance with City standards. The buyer agreed to donate a minium of 10% of the single family lots to a City approved (CHDO). COuncilmember Samuel moved to APPROVE RESOLUTION 04-120 AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO CONVEYA 35.85 TRACT OF LAND LOCATED AT 5920 GARNER ROAD TO MARKET DEVELOPERS, LLC AT A PRICE OF $161,325.00. Mayor Pro Tem Ames seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 9) Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County and the West Jefferson Municipal Water District to receive and treat sewage from the residents in the Candlelight and Martel Heights Subdivisions in the Cheek community - Resolution 04-121 The City was contacted by the Jefferson County Precinct 4 Commissioner Bo Alfred concerning the need to provide sanitary sewer service to the Candlelight and Martel subdivisions in Cheek. The County has secured funding to construct the system and has requested the City to treat the sewage and for the Water District to maintain the system after it is installed. The only responsibility of the City is to receive and treat domestic sewage from these subdivisions. The sewage treatment plant has the capacity to accept up to 695 gallons per minute from this area. The City, under the terms of the agreement, will bill the Water District on a monthly basis for sewage pumped into the City's system at a rate one and one-half times the Page 7 of 10 Minutes-May 25,2004 rate for City residents. The annual revenue based on the maximum discharge volume is approximately $1,275,000. Councilmember Beaulieu moved to APPROVE RESOLUTION 04-121 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE JEFFERSON COUNTY AND THE WEST JEFFERSON MUNICIPAL WATER DISTRICT TO RECEIVE AND TREAT SEWAGE FROM THE RESIDENTS IN THE CANDLELIGHT AND MARTEL HEIGHTS SUBDIVISIONS IN THE CREEK COMMUNITY. Councilmember Smith seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 10) Consider a request to extend the moratorium on the issuance of permits for the erection or construction of any off-premise advertising sign structures within the city limits of Beaumont for a period of ninety (90) days - Ordinance 04-037 Administration recommended approval of the extension of the moratorium on the issuance of permits for the erection or construction of any off-premise adverting sign structures within the city limits of Beaumont for a period of one hundred-twenty (120) days. Administration is addressing the issues with the West End Overlay District and off-premise signs separately. These proposed changes will be brought to the Planning Commission and City Council on June 21, 2004. In order to allow for public input, Planning Commission and City Council consideration, it was necessary to ask for an extension to the moratorium on the construction of off- premise advertising sign structures. Following a discussion among Councilmembers and City Manager, Councilmember Smith moved to ADOPT ORDINANCE 04-037 DECLARING A 90-DAY EXTENSION ON THE MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE ERECTION AND/OR CONSTRUCTION OF ANY OFF-PREMISE SIGNS WITHIN THE CITY LIMITS OF BEAUMONT. Councilmember Beaulieu seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED WORKSESSION - 3:00 p.m. - 3:20 p.m. Discuss the televising of Public Comment The basis of the discussion was that public comments at the end of the meeting are a privilege and not a right. The public comments at the beginning of the council meeting on Page 8 of 10 Minutes-May 25,2004 items listed on the Consent Agenda or Regular Agenda items would not be affected. This would only affect the Public Comments at the end of the meeting. The idea presented was that the citizens could continue to speak at this time but that Lamar University would not tape this portion to air on Channel 4. The television networks could continue to tape these public comments if they so desired. The idea was not to limit freedom of speech but to provide some sort of framework for the City to follow. It was felt by all the Councilmembers that a proper decorum has not been established and some general rules were discussed. It was decided that another workshop session would be held at the next meeting which would include any additional ideas, thoughts or comments which have been submitted to the City Attorney. COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - NONE COUNCILMEMBER SAMUEL- NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER COKINOS - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER SMITH - NONE CITY MANAGER HAYES - NONE CITY ATTORNEY NICHOLAS - NONE MAYOR LORD - THANKED EVERYBODY WHO WENT TO THE POLLS AND VOTED Public Comments (Persons are limited to three minutes) Rodney King 27 Sawyer Street Beaumont TX 77702 Voiced his concerns for the mentally ill and the homeless on the streets who have no place to live and are in need of medical help as well as a place to eat and sleep Patty Lee 1901 Park Street Beaumont TX Thanked the Council and City Manager for talking with the board members and for giving them the consideration that they may be able to come in and defend themselves on another day Marty Craig 195 North 7"' Beaumont TX Page 9 of 10 Minutes-May 25,2004 Felt that the televised comments were not appropriate and were harmful to others because once a name has been mentioned, it is too late to take it back and it has been on the air and the harm has been done EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Donna Manning Douglas Manning, et al v. City of Beaumont Regular session of meeting recessed at 3:25 p.m. Executive Session commenced at 3:38 p.m. There being no action taken in Executive Session, Council adjourned at 3:45 p.m. Audio tapes are available upon request in the City Clerk's Office. Evelyn L d, Mayor _Q Rose Ann Jones, Cit erk 4s 4 �� N(�+ Page 10 of 10 Minutes-May 25,2004