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Home My WebLink AboutMIN JUNE 1 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 June 1, 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 June 1,2004, 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 item 2/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Reverend Carol Thompkins of the Westminster Presbyterian Church gave the invocation. Tyrone Cooper, Assistant City Attorney led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tem Ames (arrived at 1:40 p.m.), Councilmembers Smith, Beaulieu, Cokinos and Samuel. Councilmember Patterson was absent. Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions 1. Recognize Mayor's Youth Commission. Student representatives from the five area high schools came forth and introduced themselves. The youth advisors are:Van George, Brad McGowan, Kristi Fuselier, Marilyn Hebert and Michael Maloney. Public Comment: Persons may speak on scheduled agenda item No. 2/ Consent Agenda. Gaylynn Fletcher 5090 Tupelo Lane Beaumont TX Item#2: New owner of this property; requested an extension of time to be able to enter into the work program CONSENT AGENDA Approval of minutes- Minutes of May 25, 2004 Minutes-June 1,2004 Confirmation of committee appointments - None A) Authorize the City Managerto execute the renewal of an agreementforthe lease of property for the operation of Emergency Medical Services (EMS) Medic 1 - Resolution 04 - 122 B) Authorizethe City Managerto execute anlnterlocalAgreementwith Lamar Universityforthe maintenance of the landscaping on Spur 380(M.L. King Parkway)from approximately 980 feet east of East Virginia Street to approximately 1,170 feet west of East Lavaca Street - Resolution 04 - 123 C) Authorize the granting of a License to Encroach - Resolution 04 -124 CouncilmemberCokinos moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD,COUNCILMEMBERS SMITH, BEAULIEU,COKINOS AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1) Consider approving a specific use permit to allow a cellular tower in an NC (Neighborhood Commercial) District at 2380 Briarcliff - Ordinance 04- 038 Administration recommended approval of a specific use permit to allow a cellular tower in a NC District at 2380 Briarcliff, subject to the conditions set forth by the Planning Commission. Verizon Wireless requested this specific use permit. The facility will consist of a 180' tall monopole tower and will be equipped to allow for the co-location of additional wireless carriers and a 12 x 28' equipment shelter. Access to the site will be off of Delaware via a 14'wide driveway. There is an existing 6'tall wood screening fence along the east property line and the rear portion of the south property line. At a Joint Public Hearing held May 17, 2004, the Planning Commission voted 6:0 to approve a specific use permit to allow a cellular tower in an NC District at 2390 Briarcliff, subject to the installation of an 8'tall wood screening fence along the east and south side of the subject property at such time the existing fence needs replacing; installation of an 8'tall wood screening fence around the compound,including the gate; and installation along the north and west sides of the compound the same type of 6' wide landscape strip that is required of parking lots. Page 2 of 6 Minutes-June 1,2004 Councilmember Cokinos moved to ADOPT ORDINANCE 04-038 GRANTING ASPECIFIC USE PERMIT TO ALLOW A CELLULAR TOWER IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT LOCATED AT 2380 BRIARCLIFF IN THE CITY OF BEAUMONT. Councilmember Smith seconded the motion AYES: MAYOR LORD,COUNCILMEMBERS SMITH, BEAULIEU,COKINOS AND SAMUEL NAYS: NONE MOTION PASSED 2) Consider amending Ordinance No. 04-012 relating to the structure located at 2290 Sabine Pass Avenue (Commercial) - Ordinance 04 - 039 At the request of Councilperson Audwin Samuel,Administration recommended that the condemnation order for the structure located at 2290 Sabine Pass Avenue (Commercial)be reconsidered by Council to allow a new property ownerto rehabilitate it. The structure was brought before City Council on February 10, 2004 with staff's recommendation of a raze order. The property ownerwas given ninety(90)days to complete repairs. During this ninety-day period,the property was sold to Ms. Gaylynn Fletcher. The final closing of the property did not get completed until after the final abatement date given by Council on February 10, 2004. Following recommendation from Council, staff will enroll the new owner in a work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period,the structure will be demolished without any further notification to property owner or Council action. Councilmember Samuel moved to ADOPT ORDINANCE 04-039 AMENDING ORDINANCE 04-012 TO REMOVE THE STRUCTURE LOCATED AT 2290 SABINE PASS AVENUE (COMMERCIAL) FROM SECTION 1 AND SECTION 3 AND ORDER THAT THE STRUCTURE AT 2290 SABINE PASS AVENUE (COMMERCIAL) BE DEMOLISHED OR REPAIRED WITHIN 120 DAYS. Mayor Pro Tern Ames seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED WORKSESSION - 1:45 p.m. - 2:15 p.m. Discuss the televising of Public Comment Page 3 of 6 Minutes-June 1,2004 City Attorney Lane Nichols started the Worksession by presenting the proposed Rules for Decorum to Council for their review and comments. Rules #1, #2, #3, #4 and #7 were acceptable. Rule #8 was deemed unnecessary. Councilmember Samuel made some suggestions to Rules#5 and#6. Following discussion among Councilmembers, it was the consensus that Attorney Nichols would make some revisions in these two rules and would present them at the next meeting. The second part of the Worksession involved Council's discussion of whetherto continue to televise the Public Comment's at the end of the meeting. It was the consensus of Council to monitorthe success of the proposed rules before making a determination not to televise these public comments. The proposed Rules of Decorum will be an agenda item at the next meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER SAMUEL- THANKEDTHE EVERGREEN CEMETERY FOUNDATION AND THEIR VOLUNTEERS FOR THEIR EVENT ON MEMORIAL DAYAND FOR THE FINE JOB THEY DID ON CLEARING THE SITE WHICH IS NOW RECOGNIZED AS A HISTORICAL SITE; REQUESTED A FULL BRIEFING ON THE CITIZEN WHO HAD AN ALTERCATION WITH THE POLICE DEPARTMENT LAST WEEK MAYOR PRO TEM AMES - NONE COUNCILMEMBER COKINOS - NONE COUNCILMEMBER BEAULIEU - THANKED ALL THE PEOPLE WHO PUT FLAGS OUT FOR MEMORIAL DAY IN HONOR OF OUR VETERANS; COMMENDED THE FOLKS OUTSIDE WHO EXERCISED THEIR RIGHTS AND CARING ENOUGH TO LET PEOPLE KNOW AND HOPE THAT THEY TAKE THAT TO THE POLLS COUNCILMEMBER SMITH - NONE CITY MANAGER HAYES - NONE CITY ATTORNEY NICHOLAS - NONE MAYOR LORD - APOLOGIZED FOR NOT SHOWING UP AT SOME OF THE SCHEDULED EVENTS AS HER HUSBAND WAS JUST RELEASED FROM THE HOSPITAL Public Comments (Persons are limited to three minutes) Dr. Judith Cobbett 2550 Long Avenue Beaumont TX Opposed to the idea of not allowing public comments to be televised and thanked Council for their decision regarding that concern Page 4 of 6 Minutes-June 1,2004 Frank Kiefer 3190 Willowood Beaumont TX States that he is often asked by others to represent their views to Council and that by the public comments being televised, these people know they are being heard Allen Lee 5095 Maddox Street Beaumont TX Thanked Council member Samuel for speaking up forthe people,supported him forthe Mayor Pro Tern position and commended him for all the work he has done to promote Lamar University LeRoy Lewis III 7866 Gladys Street Beaumont TX Ideas for City Council included support for the televised public comments to let people know their views and concerns are being heard, lack of utility pole lights on Gladys, need of sidewalks for the disabled, more police patrols and suggested street user fee Dean Tucker 2570 Laurel Avenue Beaumont TX Grateful for the decision of Council to keeping citizens on the air, has ideas to help reduce crime,reduce drugs in the street,improve the health of the citizens,reduce unemployment and improve the economy Terrance Grant-Malone 6550 Phelen Beaumont TX Expressed disappointment in the actions of this Council fordelaying progress in the City for a long time and more specifically by not allowing Councilmember Samuel his rotation as Mayor Pro Tern as this was an act of insult and disgrace Sonja LeMoins 12775 Tan Oak Lane Beaumont TX Stated that it is her constitutional right of freedom to speech to speak the truth and that included corruption in the District Attorney's Office and especially the Police Department Donald LaFleur 1167 Cartwright Street Beaumont TX Upsetwith the Police Department in regard to the arrest and hospitalization of his brother and lack of respect received from the department Rev. Samuel LaDay 7498 Boyt Road Beaumont TX Briefly addressed what happened to Mr. LaFleur;feels that the public needs to be heard and needs to know what is going on with Council Donna Ferchak 1690 Covington Court Beaumont TX Voiced herviews in regard to the proposed Rules of Conduct and the limitations they place upon the citizens Page 5 of 6 Minutes-June 1,2004 Rev. Torey Doucette 3110 Elinor Street Beaumont TX Was unhappyto find outthat a man was brutally beaten and nothing is being done aboutthis matter Laurence Groeger 875 N. Stn Street Beaumont TX Feels the restraint of public remarks restricts the public to talk to their government and feels that some of the rules of decorum further restrict the public right to express themselves and their views Glenda Dent 2070 Harriot Street Beaumont TX Supported Councilmember Samuel and feels that he is doing a good job; upset about the police brutality issues including her own sons Delores Davis 2298 Blanchette Beaumont TX Feels that all issues are city issues and citizens should be able to address any of their concerns, stated concerns with police brutality and spoke in support of Councilmember Samuel Trisha Anderson 1930 Franklin Beaumont TX Spoke in support of the Youth Rescue Mission and feels that all people should be respected and treated equally Mark Williford 6395 Westgate Beaumont TX Stated that televised commentary provided a check and balance system for city government especially since the City does not have a City Ethics Commission or term limits There being no Executive Session, Regular Session of meeting adjourned at 3:20 p.m. Audio tapes are available upon request in the City Clerk's Office. q Evelyn Lord, ayor C e f 6 y1ltgy�p � Rose Ann Jones, C' Clerk wu � Page 6 of 6 Minutes-June 1,2004