HomeMy WebLinkAboutMIN SEP 28 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 September 28, 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 regularsession on September 28,2004,
at the City Hall Council Chambers,801 Main Street, Beaumont,Texas,at 1:30 p.m.to considerthe
following:
OPENING
Invocation Pledge of Allegiance Roll Call
Presentations and Recognition
Public Comment: Persons may speak on scheduled agenda items 7-18/Consent Agenda
Consent Agenda
Mayor Lord called the council meeting to order at 1:30 p.m.
Pastor John Davis of the Ridgewood Church of Christ gave the invocation. Mayor Pro Tern Ames
led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk.
Present at the meeting were Mayor Lord,Mayor Pro Tern Ames,Councilmembers Smith,Beaulieu,
Cokinos,Patterson and Samuel. Also present were Kyle Hayes,City Manager;Tyrone Cooper,City
Attorney; Rose Ann Jones, City Clerk.
Proclamations, Presentations, Recognitions
None
Public Comment: Persons may speak on scheduled agenda items 7-18/Consent Agenda.
Lynn P. Castle 500 Main Street Beaumont TX
Executive Director, Art Museum of Southeast Texas
Item#12:The new roof was very much appreciated and requested continued support
and funding from the City
Regina Lindsey 760 Pearl Street Beaumont TX
Director, Jule Rogers Theatre
Item#13: Pleased with the increased tourism and requested continued support and
funding for the Southeast Texas Arts Council
Minutes-September 28,2004
Ryan Smith 600 Main Street Beaumont TX
Director, Southeast Arts Council
Item #14: Gave some statistics for the Energy Museum and requested continued
support and funding for the Energy Museum
Carolyn Johnson 345 Fannin Street Beaumont TX
Director, Jefferson Theater Preservation Society
Item#17:Very pleased with the variety of performances and the attendance since the
renovation of the Theater; requested continued support and funding
Carolyn Howard 595 Orleans, Ste. 1012 Beaumont TX
Director, BUILD, Inc., Beaumont Main Street
Item#15: Offered a special thank you to Tom Warner and his staff for the excellent
working relationship and cooperation and a thank you to Councilmember Samuel;
requested continued support and funding
Nell Truman 3025 French Road Beaumont TX
Director, Beaumont Heritage Society
Item#16:Appreciated all the supportthey have received this pastyearand requested
continued support and funding
Barbara Knight 3450 Briar Way Beaumont TX
Director, Partnership of Southeast Texas
Item#18:Trying to create a strong networking and partnership among the nine-county
area to facilitate retention and creation of more jobs;requesting continued support and
funding
CONSENT AGENDA
Approval of minutes- Minutes of September 21, 2004
Confirmation of committee appointments - None
A) Approve a resolution to allow Hibernia National Bank to pledge a security as collateral for City
accounts - Resolution 04-219
B) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary
sewer improvements in Stone Oak Industrial Park Section I Subdivision-Resolution 04-220
C) Approve a resolution accepting maintenance of the street,storm sewer,water and sanitary
sewer improvements in Walden Meadows Section II Subdivision - Resolution 04-221
D) Consider approving the renewal of an annual maintenance agreement for International
Business Machines Corporation equipment - Resolution 04-222
E) Consider approving the renewal of an annual maintenance agreement for HTE, Inc.software
support - Resolution 04-223
Page 2 of 17 Minutes-September 28,2004
Councilmember Cokinos moved to approve the Consent Agenda. Council member Beaulieu
seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider approving a request for a zone change from GC-MD(General Commercial-
Multiple Family Dwelling)to RS (Residential Single Family Dwelling)District at 1280
W. Lucas - Ordinance 04-073
Administration recommended approval of a zone change from GC-MD (General
Commercial-Multiple Family Dwelling) to RS (Residential Single Family Dwelling)
District at 1280 Lucas Drive.
The subject property consists of two lots. The northernmost lot is zoned GC-MD and
the southernmost lot is zoned RS. A single family residence structure occupies the
property. Ms. Clayton is wanting to purchase the property and use it as a single family
dwelling.
At a joint public hearing held September 20, 2004, the Planning and Zoning
Commission voted 8:0 to approve a zone change from GC-MD(General Commercial-
Multiple Family Dwelling)to RS(Residential Single Family Dwelling)District at 1280
Lucas Drive.
Council member Smith moved to ADOPT ORDINANCE 04-073 AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS, AND IN PARTICULAR THE BOUNDARIES
OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS,
BY CHANGING THE ZONING OF PROPERTY PRESENTLY GC-MD (GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING)TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT
FOR PROPERTY LOCATED AT 1280 LUCAS DRIVE, BEAUMONT, TEXAS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember
Beaulieu seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
Page 3 of 17 Minutes-September 28,2004
2. Consider approving a request fora zone change from GC-MD(General Commercial-
Multiple Family Dwelling) to LI (Light Industrial) District at 9485 College Street -
Ordinance 04-074
Administration recommended approval of a zone change from GC-MD to LI District at
9485 College Street.
Manufacturing Solutions, Inc. is requesting a zone change from GC-MD to LI to allow
its business operation at 9485 College. Wayne Moncla, President, states that the
company designs and manufactures custom machinery for use by its customers.
The Zoning Ordinance would allow this use in a GC-MD District with a specific use
permit if the total square footage did not exceed 5,000 sq. ft. The proposed size of
Manufacturing Solutions'facility exceeds that amount necessitating a zone change.
In a Joint Public Hearing held September 20,2004,the Planning Commission voted
8:0 to approve a zone change request from GC-MD to LI District at 9485 College
Street.
Councilmember Cokinos moved to ADOPT ORDINANCE 04-074 AMENDING CHAPTER 30
OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE
BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)TO LI(LIGHT INDUSTRIAL)DISTRICT
FOR PROPERTY LOCATED AT 9485 COLLEGE STREET,BEAUMONT,TEXAS;PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember
Beaulieu seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
3. Consider approving a request for a specific use permit to allow a cellular telephone
transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling)
District at#11 Bayoubrandt Drive - Ordinance 04-075
Administration recommended approval of a specific use permit to allow a cellular
telephone tower in a GC-MD(General Commercial-Multiple Family Dwelling)District
at#11 Bayoubrandt Drive.
Verizon Wireless is applying for a specific use permit to allow the construction of a
180' cellular telephone transmission tower at#11 Bayoubrandt Drive. The subject
property is part of an 11 lot commercial subdivision being developed east of the Hobby
Lobby shopping center and the Post Office.
Page 4 of 17 Minutes-September 28,2004
The facilitywill consist of the tower,an 8'x 20'equipment shelter and an outdoor diesel
generator. The compound will be screened with a wooden fence. Landscaping will be
planted along the east and south sides of the property. The transmission towerwill be
equipped to allow for co-location of additional wireless carriers.
At a Joint Public Hearing held September 20,2004,the Planning Commission voted
8:0 to approve a specific use permitto allow a cellular telephone transmission tower
in a GC-MD District at#11 Bayoubrandt Drive.
Councilmember Beaulieu moved to ADOPT ORDINANCE 04-075 GRANTING ASPECIFIC
USE PERMIT TO ALLOW A CELLULAR TRANSMISSION TOWER IN A GC-MD (GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT#11 BAYOUBRANDT
DRIVE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Ames
seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
4. Consider approving a request for a specific use permit to allow a beauty shop in an
RCR (Residential Conservation and Revitalization) District at 1620 Pennsylvania -
Ordinance 04-076
Administration recommended approval of a specific use permit to allow a beauty shop
in an RCR District at 1620 Pennsylvania subject to the recommendation of the
Planning Commission.
Two Hearts, Inc.,dba Two Hearts Styles and Cuts,would like to operate a beauty shop
in an existing building at 1620 Pennsylvania. The Zoning Ordinance requires one
parking space for each employee and one space for each barber chair. There will be
six chairs. Twelve parking spaces are therefore required. The site plan shows on-site
parking for nine cars. The five street parking spaces cannot be applied to the parking
requirement.
At a Joint Public Hearing held September 20,2004,the Planning Commission voted
8:0 to approve a specific use permit to allow a beauty shop in an RCR District at 1620
Pennsylvania subject to the following condition:
1. Redesign the off-street parking to comply with city codes (Traffic)
Mayor Pro Tern Ames moved to ADOPT ORDINANCE 04-076 GRANTING ASPECIFIC USE
PERMIT TO ALLOW A BEAUTY SHOP IN AN RCR (RESIDENTIAL CONSERVATION DISTRICT
AND REVITALIZATION) DISTRICT LOCATED AT 1620 PENNSYLVANIA IN THE CITY OF
BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion.
Page 5 of 17 Minutes-September 28,2004
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
5. Consider approving a request for a specific use permit to allow a craft mall and a
restaurant in an RCR(Residential Conservation and Revitalization) District at 1820
Pennsylvania and 1885 Park
This item was postponed until next meeting.
6. Consider approving a request for a specific use permit to allow a cellular telephone
transmission tower in a C-M(Commercial-Manufacturing)District at 6355 Highway 69
- Ordinance 04-077
Administration recommended approval of a specific use permit to allow a cellular
telephone transmission tower in a C-M(Commercial-Manufacturing)District at 6355
Highway 69 subject to the recommendation of the Planning Commission.
Cingular Wireless would like to construct a 180' self support cellular telephone
transmission tower in a C-M(Commercial-Manufacturing)District. Cingular Wireless
will be leasing a 75'x 75'parcel of property from Golden Triangle Church on the Rock,
which is located at 6310 Highway 69. The facility,as proposed,will be surrounded by
a chainlink fence and will include the tower and an 11'5" x 20' equipment shelter.
At a Joint Public Hearing held September 20,2004,the Planning Commission voted
7:0 to approve a specific use permit to allow a cellular telephone transmission tower
in a C-M District at 6355 Highway 69 subject to the following conditions:
1. Gates on SH 347driveway shall open into the property and not as shown
2. The facility shall be surrounded by a chainlink fence with landscaping or
a wooden fence
Councilmember Smith moved to ADOPT ORDINANCE 04-077 GRANTING ASPECIFIC USE
PERMIT TO ALLOW A CELLULAR TELEPHONE TRANSMISSION TOWER IN A C-M
(COMMERCIAL-MANUFACTURING) DISTRICT LOCATED AT 6355 HIGHWAY 69 IN THE CITY
OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Beaulieu seconded the
motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
Page 6 of 17 Minutes-September 28,2004
7. Consider approving a request to abandon part of a 10' utility easement at
5710 Longwood Lane - Ordinance 04-078
Administration recommended approval of the request to abandon part of a 10'utility
easement on Lot 12A, Block 1, Manion Oaks, Section 4 at 5710 Longwood Lane.
Doug Canant,with DD#6, states that the property owners are very cooperative in a
joint project between DD#6 and the Citywhereby they allowed DD#6 to place two 36"
storm culverts through their yard and granted DD#6 an easement for that purpose.
This item was sent to all interested parties. No objections were received.
At a Regular Meeting held September 20,2004,the Planning Commission voted 8:0
to approve the request to abandon part of a 10'utility easement on Lot 12A, Block 1,
Manion Oaks, Section 4 at 5710 Longwood Lane.
COuncilmember Smith moved to ADOPT ORDINANCE 04-078 ABANDONING ATEN (10)
FOOT UTILITY EASEMENT AT 5710 LONGWOOD LANE IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Ames seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
8. Consider passing on third and final reading an ordinance accelerating the expiration
of the existing electric franchise ordinance between the City of Beaumont and Entergy
Gulf States, Inc.and granting a new franchise to Entergy Gulf States, Inc.adopting a
new method of compensation - Ordinance 04-068 -Third Reading
Administration recommended approval of an ordinance accelerating the expiration of
the existing electric franchise ordinance between the City of Beaumont and Entergy
Gulf States, Inc. and granting a new franchise which will include a new method of
compensation to the City for the use of its streets and rights-of-ways.
The new franchise will produce higherfranchise revenues tothe City commencing after
the franchise and the surcharge riderare approved bythe Public Utilities Commission
of Texas. Under our Charter, franchises require three readings before they are
passed. First reading and approval was August 24, 2004. Second reading and
approval was September 14,2004. The franchise does not take effect until sixty(60)
days after its adoption on the third and final reading. The franchise would be effective
in late November subject to the approval of the surcharge rider by the Public Utilities
Commission of Texas.
COuncilmember Smith moved to APPROVE THE THIRD READING TO ADOPT ORDINANCE
04-068 ACCELERATING THE EXPIRATION OF THE EXISTING ELECTRIC FRANCHISE
ORDINANCE BETWEEN THE CITY OF BEAUMONT AND ENTERGY GULF STATES, INC. AND
Page 7 of 17 Minutes-September 28,2004
GRANTING A NEW FRANCHISE TO ENTERGY GULF STATES,INC. ADOPTING A NEW METHOD
OF COMPENSATION. Councilmember Beaulieu seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
9. Consider authorizing the City Manager to execute an agreement to terminate the
Operation and Maintenance Agreement for Henry Homberg Golf Course-Resolution
04-224
Administration recommended authorizing the City Managerto execute an agreement
with Mr. Thomas A. Hebert to terminate his Operation and Maintenance Agreement
for leasing the City owned Henry Homberg Golf Course, commencing November 1,
2004.
In 1997, City Council authorized the transfer of an operating and maintenance
agreement forthe City's municipal golf course from Mr.Ronald Pfleiderto Mr. Hebert,
who requested the contract's assignment,and who had been operating the golf course
as an independent contractor since 1982.
Mr. Hebert offered to make improvements totaling approximately $600,000 in
November 1999 in exchange forthe new agreement. The new agreement provided
for a ten year term, commencing upon the completion of the improvements.
Unfortunately,play at the course since the improvements were completed has not been
as brisk as originally anticipated. City Council had to consider a Notice of Termination
of the agreement in August 2003 due to delinquent rental payments being owed to the
City and the cancellation of course workers'compensation insurance as required by
the contract. Although the rental payments were paid in full, additional contract
violation notices have been issued for insufficient insurances and the non-payment of
outstanding debt,including delinquent taxes. These notices were issued in March and
May 2004.
Negotiations concerning the contract violations were held with Mr. Hebert during the
month of August. It was determined through this process that it would be in the best
interest of the City if the contract were terminated and the City began operating the golf
course.
In order to operate the golf course,the City will be required to hire additional staff. It
is anticipated that at least three full time positions will be needed to staff the clubhouse
and perform maintenance. Additional part-time employees will be hired as needed.
Upon termination of agreement,the Citywill expend approximately$125,000 forthe
purchase of equipment and supplies currently owned by Mr. Hebert. The assumption
of Mr. Hebert's construction financing will be assumed at a cost of approximately
Page 8 of 17 Minutes-September 28,2004
$6,400 per month for a six yearterm and be funded along with operational expenses
from golf course revenues.
Councilmember Beaulieu moved to APPROVE RESOLUTION 04-224 TO AUTHORIZE
TERMINATION OF AN"OPERATION AND MAINTENANCE AGREEMENT"BETWEEN THOMAS A.
HEBERT AND THE CITY OF BEAUMONT WHEREIN THE CITY LEASED ITS HENRY HOMBERG
GOLF COURSE TO HEBERT FOR A TERM OF TEN YEARS; AND THE PARTIES MUTUALLY
AGREE TO TERMINATE THE AGREEMENT AND PROVIDE FOR A TRANSFER OF OBLIGATIONS
UNDER THE AGREEMENT TO THE CITY AS SPECIFIED. Council member Smith seconded
the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
10. Consider approving a one (1) year contract for the purchase of sludge dewatering
bags for use at the Water Reclamation Plant - Resolution 04-225
Administration recommended awarding of a one year contract to Geotek Industrial
Distributors, Inc. of Houston for purchasing sludge dewatering bags at a unit cost of
$9,860 each with an estimated total contract expenditure of$197,200. The contract
specifications allow for one year renewal at the discretion of either party.
Councilmember Beaulieu moved to APPROVE RESOLUTION 04-225 TO APPROVE AONE
YEAR CONTRACT TO GEOTEK INDUSTRIAL DISTRIBUTORS, INC. FOR THE PURCHASE OF
SLUDGE DEWATERING BAGS AT A UNIT COST OF $9,860 EACH. Mayor Pro Tern Ames
seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
11. Consider authorizing the City Manager to implement the medical contribution rate
changes for employees - Resolution 04-226
Administration recommends that Council approve medical contribution rate changes
for employees, including their dependents, effective January 1, 2005.
Currently, medical coverage is provided for City employees at no cost. The cost of
providing coverage for dependents is jointly shared by the City and the employee. The
amount contributed by employees covers approximately 15%of the total cost of these
benefits; the City pays the balance of the total cost.
Page 9 of 17 Minutes-September 28,2004
Blue Cross Blue Shield of Texas projects medical cost based on the medical plans
provided bythe City,the City's claims history and current enrollment numbers. Based
on the projected amounts required to fund the medical plans, it is recommended that
the contribution rates for medical coverage be increased. For the employee to share
in the increasing costs of medical insurance, it was recommended that civilian
employees with one dependent will contribute$112 per month. Civilian employees
with two or more dependents will contribute$147 per month. Contribution rates for
Firefighters will increase $15 to $94 per month, and Police officers will pay$95 per
month. All contribution increases will be effective January 1, 2005.
The employee contribution line item in the Employee Benefits Fund will increase by
approximately $65,000.
Councilmember Smith made a motion to APPROVE RESOLUTION 04-226 TO INCREASE
THE CONTRIBUTION RATE FOR EMPLOYEES. Councilmember Beaulieu seconded the
motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
12. Consider approving a one(1)year contract with the Art Museum of Southeast Texas-
Resolution 04-227
Administration recommended funding the Art Museum of Southeast Texas(AMSET)
$175,000 for FY 2005 from the Hotel Occupancy Tax and General Fund.
The City of Beaumont and AMSET entered into a lease agreement on December 30,
1986 wherebythe City and AMSET agreed to a 99-year lease on the land and building
to be used as an art museum. The City supports AMSET with annual allocations and
garbage removal. In return, AMSET is open to the general public and strives to
provide programs and services to the entire community.
Funds are available in the FY 2005 budget with $50,000 funded through the Hotel
Occupancy Tax Fund and $125,000 funded through general revenue.
Councilmember Cokinos made a motion to APPROVE RESOLUTION 04-227 TO
AUTHORIZE THE CITY MANAGER TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE ART
MUSEUM OF SOUTHEAST TEXAS(AMSET)AND THE CITY OF BEAUMONT IN THE AMOUNT OF
$175,000. Councilmember Smith seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
Page 10 of 17 Minutes-September 28,2004
NAYS: NONE
MOTION PASSED
13. Consider approving a one (1) year contract with the Southeast Texas Arts Council
(SETAC) - Resolution 04-228
Administration recommended funding the Southeast Texas Arts Council$99,000 for
FY 2005 from the Hotel Occupancy Tax and General Fund.
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to
promote the arts. The City contracts with SETAC to distribute 80% of its contract
payment to organizations like the Symphony of Southeast Texas as well as production
of the magazine "Off Ramp" highlighting local events for distribution to hotels.
Funds are available in the FY 2005 budget, with $80,000 funded through the Hotel
Occupancy Tax Fund and $19,000 funded with general revenues.
Councilmember Cokinos made a motion to APPROVE RESOLUTION 04-228 TO
AUTHORIZE THE CITY MANAGER TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE
SOUTHEAST TEXAS ARTS COUNCIL(SETAC)AND THE CITY OF BEAUMONT IN THE AMOUNT
OF$99,000. Mayor Pro Tern Ames seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
14. Consider approving a one (1) year contract with the Texas Energy Museum -
Resolution 04-229
Administration recommended funding the Texas Energy Museum, $80,000 for FY
2005 from the Hotel Occupancy Fund.
The City is entitled to utilize revenues derived from the hotel-motel occupancytaxfor
historic preservation and the promotion of tourism. The Texas Energy Museum meets
the criteria by highlighting the history,along with current developments in the Southeast
Texas region.
Funds are available in the Hotel Occupancy Tax FY 2005 budget.
Councilmember Cokinos made a motion to APPROVE RESOLUTION 04-228 TO
AUTHORIZE THE CITY MANAGER TO EXECUTE AONE-YEAR CONTRACT BETWEEN THE TEXAS
ENERGY MUSEUM AND THE CITY OF BEAUMONT IN THE AMOUNT OF $80,000.
Councilmember Beaulieu seconded the motion.
Page 11 of 17 Minutes-September 28,2004
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
15. Consider approving a contractwith BUILD,Inc.,Beaumont Main Street fordowntown
economic development purposes - Resolution 04-230
Administration recommended entering into a contract in the amount of$75,000 with
BUILD,Inc.,Beaumont Main Streetto furthereconomic growth in downtown Beaumont.
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 Citywill be matched with other local
funds and used to promote downtown business development and retention.
In previous years, $50,000 of this$75,000 contract amount was provided through a
Community Development Block Grant (CDBG). A change in HUD's eligibility
requirement,as it relates to BUILD's primary focus and performance reporting,does
not allow the further use of grant funds underthe economic development administration
line item.
Funds are available for this economic development purpose for the FY 2005 General
Fund budget.
Councilmember Cokinos made a motion to APPROVE RESOLUTION 04-228 TO
AUTHORIZETHECITYMANAGERTO EXECUTE AONE YEAR CONTRACT BETWEEN THE BUILD,
INC.,BEAUMONT MAIN STREET, AND THE CITY OF BEAUMONT IN THE AMOUNT OF$75,000.
Councilmember Smith seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
16. Consider approving a one(1)year contract with the Beaumont Heritage Society/John
Jay French Museum - Resolution 04-231
Administration recommended funding the Beaumont Heritage Society/John Jay French
Museum, $35,000 for the FY 2005 from the Hotel Occupancy Fund.
The City is entitled to utilize revenues derived from the hotel-motel occupancytaxfor
historic preservation and the promotion of tourism. John J. French,an early settler in
Beaumont,built the Greek Revival home which has been faithfully restored;the home
Page 12 of 17 Minutes-September 28,2004
contains furniture and fixtures from the mid 19th century and is a tourist attraction for our
City.
Funds are available in the Hotel Occupancy Tax FY 2005 budget.
Councilmember Beaulieu made a motion to APPROVE RESOLUTION 04-231 TO
AUTHORIZE THE CITY MANAGER TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE
BEAUMONT HERITAGE SOCIETY/JOHN JAY FRENCH MUSEUM AND THE CITY OF BEAUMONT
IN THE AMOUNT OF$35,000. Councilmember Smith seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
17. Consider approving a one(1)year contract with the Jefferson Theater Preservation
Society - Resolution 04-232
Administration recommended funding the Jefferson Theatre Preservation Society,
$20,000 for FY 2005 from the Hotel Occupancy Fund.
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for
historic preservation and the promotion of tourism. The Jefferson Theatre is a
revitalized historical landmark located in downtown Beaumont.
Funds are available in the Hotel Occupancy Tax FY 2005 budget.
Councilmember Smith made a motion to APPROVE RESOLUTION 04-231 TOAUTHORIZE
THE CITY MANAGER TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE BEAUMONT
HERITAGE SOCIETY/JOHN JAY FRENCH MUSEUM AND THE CITY OF BEAUMONT IN THE
AMOUNT OF$35,000. Councilmember Cokinos seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
ABSTAIN: COUNCILMEMBER BEAULIEU
MOTION PASSED
18. Consider approving a one (1) year contract with the Partnership of Southeast Texas
Administration recommended funding in the partnership of Southeast Texas,$12,000
for FY 2005 from the City's General Fund.
Page 13 of 17 Minutes-September 28,2004
The Partnership of Southeast Texas(POST)is a nonprofit, economic development
corporation that works to develop cooperative efforts on a regional basis. Its purpose
is to facilitate the retention and creation of jobs in a nine-county area that includes
Chambers, Hardin,Jasper,Jefferson, Liberty, Newton, Orange and Tyler Countries
and the Bolivar Peninsula in Galveston County. POST is requesting funding in the
amount of$24,000.
Funds are available in the FY 2005 General Fund budget.
Councilmember Smith made a motion to APPROVE RESOLUTION 04-231 TOAUTHORIZE
THE CITY MANAGER TO EXECUTE AONE YEAR CONTRACT BETWEEN THE PARTNERSHIP OF
SOUTHEAST TEXAS AND THE CITY OF BEAUMONT IN THE AMOUNT OF $12,000.
Councilmember Cokinos seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
19. PUBLIC HEARING: Dilapidated Structures
Public Hearing Convened at 2:26 p.m..
Public comments were made bythe following people who personally appeared
and requested additional time to make repairs to their property.
Nathaniel McGinnis 1700 Seaspray Ct. #1226 Houston TX
#16 - RE: 2353 Irving
Ozita Narcisse White 3405 St. James Blvd. Beaumont TX
#41 - RE: 3095 Waverly
Laura Narcisse 855 Alma Street Beaumont TX
Wilma Spikes 855 Alma Street Beaumont TX
#2 - RE: 855 Alma - Wilma Spikes recently purchased this property.
Benjamin Booker 2540 Blanchette Beaumont TX
#3 - RE: 2540 Blanchette (Garage)
Verdia White 3770 Ethel Beaumont TX
#7 - RE: 3410 Edmonds Avenue
Lloyd Frank 2810 Delaware Beaumont TX
#21 - RE: 2161 Magnolia
Public Hearing closed at 3:00 p.m.
Page 14 of 17 Minutes-September 28,2004
Consider approval of an ordinance declaring certain dilapidated structures to be public
nuisances and ordering their repair or removal by the owners and authorizing the
removal of certain other structures whose owners failed to complywith condemnation
orders.
Following the Public Hearing, Councilmember Samuel made a motion to ADOPT
ORDINANCE 04-079 FINDING THAT CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND
ORDERING THEIR DEMOLITION, RENOVATION AND REMOVAL; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Patterson seconded
the motion.
As part of the motion and to be included in Ordinance 04-079,the owner or owners of
the following described buildings were granted 120 days to either demolish or repair
the structures and must execute a work program with the City within ten (10)days of
the date of this ordinance and either demolish or repairthe structures within 120 days
after the date of this ordinance.
#2 855 Alma
#3 2540 Blanchette
#7 3410 Edmonds Avenue
#16 2353 Irving
#21 2161 Magnolia
#41 3093 Waverly
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
COUNCILMEMBER COMMENTS
COUNCILMEMBER PATTERSON- THANKED ALL THE LOCAL CHURCHES WHO PARTICIPATED IN
THE REGISTRATION OF VOTERS; COMMUNITY
ANNOUNCEMENTS
COUNCILMEMBER SAMUEL- COMMUNITYANNOUNCEMENT;CONCERN OF CITIZEN AT 490
BUFFALO; REMINDED EVERYBODY THAT OCTOBER 4T" IS
THE LAST DAY TO REGISTER TO VOTE
MAYOR PRO TEM AMES - NONE
COUNCILMEMBER COKINOS - NONE
COUNCILMEMBER BEAULIEU - NONE
Page 15 of 17 Minutes-September 28,2004
COUNCILMEMBER SMITH - RECEIVES PLEASURE THAT THE CITY IS ABLE TO SUPPORT
THE LOCAL ARTS AND MUSEUMS AND HOW MUCH THEY
CONTRIBUTE TO THE QUALITY OF LIFE IN OUR AREA;
CONGRATULATED ALL THE PROPERTIES THAT ARE UP FOR
AWARDS
CITY ATTORNEY COOPER- NONE
CITY MANAGER HAYES - NONE
MAYOR LORD - JUDGED CHRISTMAS TREES FOR THE CHRISTMAS TREE
GROWERS,A REMINDER THAT CHRISTMAS IS JUSTAROUND
THE CORNER
Public Comments (Persons are limited to three minutes)
Mary Bamber 775 Palm Street Beaumont TX
Suggested to the City that bicycle racks be placed on the front of our buses as a service to
bicycle riders
Walter A. Swift 4325 Crow Road Beaumont TX
Wanted to know where the voting locations were for November;voiced his concern about the
city's promise in 1958 to install sidewalks in the residential areas which has not been done
and which is also a safety hazard and a disservice to the citizens
Donald LaFleur 1167 Cartwright Street Beaumont TX
Voiced his ongoing concerns of the alleged police brutality incident with his brother
Dean Tucker 2570 Laurel Avenue Beaumont TX
Spoke on the need for citizens to be more active in their community and government
Open session of meeting recessed at 3:20 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of Leah Wingate
Dog and Cat Enterprises, Inc. vs. City of Beaumont
Linda Young vs. City of Beaumont
Penni Simonson, et al vs. City of Beaumont
Page 16 of 17 Minutes-September 28,2004
Douglas Manning, et al vs. City of Beaumont
City of Beaumont vs. House of Praise Deliverance Ministry, Inc.
Consider matters related to employment, evaluation and duties of a public officer or
employee in accordance with Section 551.074 of the Government Code:
City Manager
City Attorney
City Clerk
There being no action taken in Executive Session, Council adjourned.
Audio tapes are available upon request in the City Clerk's Office.
Evelyn M. Lor , Mayor
Rose Ann Jones, TRIVIC
City Clerk
0�
Page 17 of 17 Minutes-September 28,2004