HomeMy WebLinkAboutMIN NOV 2 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 November 2, 2004 Audwin Samuel
Tyrone E. Cooper, 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 November 2, 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 1-6/Consent Agenda
Consent Agenda
Mayor Lord called the council meeting to order at 1:30 p.m.
Brother Terry Littledike of the Church of Jesus Christ Latter Day Saints gave the invocation.
Councilmember Beaulieu 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 and Patterson. Absent: Councilmember Samuel. Also present were Kyle
Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk.
Proclamations, Presentations, Recognitions
"Hire Veterans First Month" - November, 2004 - Proclamation read by Mayor Pro Tern
Ames; accepted by Pam Wise and Art Foster, Texas Workforce Commission
"Alzheimer's Awareness Week"-November 15-20,2004-Proclamation read by Mayor
Lord; accepted by Debra Brozak, Alzheimer's Association
Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda.
Jason Marshburn 7220 Bythewood Road Beaumont TX
Item #4: In support of ordinance to allow regulation of solicitation by charitable
organizations
Item #3: Would also like to see airline destination for some place in Western US
Winifred Mays/Robert Moore 4215 Simon Beaumont TX
Item #6: Requested a 120 day extension for repairs of the property at 2925 Harriot Street
Minutes-November 2,2004
LeRoy Lewis 7866 Gladys Beaumont TX
Item#5: In support of granting additional time for the repair of property at 3491 W. Euclid
CONSENT AGENDA
Approval of minutes - Minutes of October 26, 2004
Confirmation of committee appointments - None
A) Authorize the payment of fiscal year 2005 dues to the South East Texas Regional Planning
Commission (SETRPC) - Resolution 04-257
B) Authorize the settlement of the claim of Leah Wingate - Resolution 04-258
Councilmember Cokinos moved to approve the Consent Agenda. Councilmember
Beaulieu seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS AND PATTERSON
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider approving an ordinance authorizing the issuance of City of Beaumont,
Texas, General Obligation Refunding Bonds, Series 2004 and authorizing the
advance refunding of certain bonds and obligations - Ordinance 04-090
Administration recommended approval of an ordinance authorizing the issuance of
approximately $20,640,000 City of Beaumont, Texas, General Obligation Bonds,
Series 2004, authorizing the advance refunding of certain bonds and obligations
and the execution and delivery of an escrow agreement and the subscription for and
purchase of certain escrowed securities; and containing other matters related
thereto.
Mr. Frank Ildebrando of RBC Dain Rauscher, our financial advisor was present and
discussed the underwriting services for the bonds.
On October 26,2004, First Southwest Company, Morgan Keegan&Company, Inc„
Estrada Hinojosa & Company, Inc. and Southwest Securities, Inc. were selected
by City Council to provide underwriting services on the above mentioned bonds.
The bonds will mature on March 1, 2006 through March 1, 2014 with interest
payable semiannually. Wells Fargo Bank N.A., Houston,Texas will serve as paying
agent/registrar and JP Morgan Chase Bank, Dallas will serve as escrow agent on
Page 2 of 8 Minutes-November 2,2004
the refunded bonds. Delivery and receipt of proceeds by the City is expected to be
on December 2, 2004. Proceeds will be used to refund certain outstanding
obligations of the City including portions of the 1995 Certificates of Obligations,the
1996 Refunding Bonds and the 1996 Certificates of Obligation. The refunding is
expected to produce a net cost savings to the City of Approximately $810,338.
All debt shall be incurred in the Debt Service Fund which is supported by property
taxes.
Councilmember Beaulieu moved to ADOPT ORDINANCE 04-090 AUTHORIZING THE
ISSUANCE OF THE CITY OF BEAUMONT,TEXAS,GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2004, AUTHORIZING THE ADVANCE REFUNDING OF CERTAIN BONDS AND
OBLIGATIONS AND THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND THE
SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES;AND CONTAINING
OTHER MATTERS RELATED THERETO. Councilmember Cokinos seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS AND PATTERSON
NAYS: NONE
MOTION PASSED
2. Consider authorizing the City Manager to execute a Multiple Use Agreement with
the Texas Department of Transportation (TxDOT) for the future M.L. King Park
statue site - Resolution 04-259
Administration recommended approval of the execution of a Multiple Use
Agreement with the TxDOT for the future M.L. King Park Statue site.
The improvements constructed by TxDOT are located in the median north of M.L.
King Parkway and Wall Street intersection. Since its construction, the marble wall
has been hit by vehicles and/or vandalized on several occasions. Additionally, if the
statue were to be installed at this location, it would not be easily accessible to the
public. For these reasons, it was determined it would be beneficial to relocate these
improvements to another location along the parkway.
Several potential properties were reviewed and the location that was determined to
be the most aesthetically pleasing is located on the east side of M.L. King between
College and Wall Streets. This property is currently owned by TxDOT and is a
portion of the M.L. King right-of-way.
The TxDOT will allow the use of this property by means of a multiple use agreement.
Councilmember Smith made a motion to APPROVE RESOLUTION 04-259 TO AUTHORIZE
THE CITY MANAGER TO EXECUTE A MULTIPLE USE AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE FUTURE M. L. KING PARK STATUE
SITE. Councilmember Beaulieu seconded the motion.
Page 3 of 8 Minutes-November 2,2004
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS AND PATTERSON
NAYS: NONE
MOTION PASSED
3. Consider approving the allocation of$7,500 to be used as a revenue guarantee for
Delta Airlines to provide air service from the Southeast Texas Regional Airport to
Atlanta, Georgia - Resolution 04-260
Administration recommended that the City Council approve the allocation of$7,500
of the original $15,000 toward the new guarantee for service to Atlanta and the
remainder of funds ($7,500) be kept in the escrow account at Texas State Bank.
Service to Atlanta will offer significant connections to an alternative airport hub.
There are 62 cities served through Atlanta that are not served from the Houston
airports. Service to Atlanta will continue the many economic benefits we now enjoy
as a result of having a second airline.
Delta Airlines would provide two flights per day, seven days a week, to Atlanta. If
Delta Airlines does not meet their revenue targets,the revenue guarantee will make
up the difference up to$300,000. After one year of service to Atlanta,the Coalition
will participate in an audit of Delta's records to determine whether or not any of the
revenue guarantee must be paid. After the audit is complete, any funds remaining
will be paid back to the contributors based on a pro rata share.
The original escrow agreement expires July 1, 2005. The Southeast Texas
Coalition for Air Service will continue efforts to locate a carrier to provide service to
Dallas. If the Coalition is successful in this endeavor, the City Council will consider
appropriating the remaining funds.
Councilmember Beaulieu made a motion to APPROVE RESOLUTION 04-260 THAT THE
CITY COUNCIL HEREBY REQUESTS THE BEAUMONT CHAMBER OF COMMERCE TO ALLOCATE
$7,500 OF THE PREVIOUSLY APPROVED$15,000 TO THE REVENUE GUARANTEE FOR DELTA
AIRLINES AIR SERVICE FROM THE SOUTHEAST TEXAS REGIONAL AIRPORT TO ATLANTA,
GEORGIA; BE IT FURTHER RESOLVED THAT THE REMAINING $7,500 IS TO BE MAINTAINED
IN THE ESCROW ACCOUNT AT TEXAS STATE BANK UNTIL SUCH TIME AS THE CITY COUNCIL
DETERMINES WHETHER TO APPROPRIATE OR REQUEST A REFUND OF THE FUNDS.
Councilmember Smith seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS AND PATTERSON
NAYS: NONE
MOTION PASSED
Page 4 of 8 Minutes-November 2,2004
4. Consider amending Chapter 18 of the Code of Ordinance to adopt new regulations
regarding solicitation in and alongside streets - Ordinance 04-091
Administration recommended approval of an ordinance adopting new regulations
regarding solicitation in and alongside streets.
The City was contacted by a representative from a charitable organization that
wished to solicit contributions for their organization. The Texas Transportation
Code presently makes it unlawful for a person to stand in the roadway to engage
in a charitable solicitation activity unless municipal regulations allowing for such
solicitation exist. The adoption of this ordinance will allow charitable solicitation
within the streets of the City under certain conditions and prohibit sales of goods or
services in or along the street within the public rights-of-way. The Police
Department will be responsible for the application process and the subsequent
monitoring for compliance with the ordinance. Traffic Sergeant Mike Earney was
present to answer questions regarding the enforcement of this ordinance.
There is a $50 application fee to defray the City's costs of processing the
application and compliance monitoring.
Discussion was held among Council regarding the age limit and number of permits
allowed to be issued in a year. It was agreed that the age limit should be set at 18
years of age and that the maximum number of permits for each organization shall
remain at three.
With the amendment that the age limit be raised to age eighteen, Councilmember
Patterson made a motion to ADOPT ORDINANCE 04-091 AMENDING CHAPTER 18 OF THE
CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW ARTICLE VII REGULATING
SOLICITATION IN AND ALONGSIDE STREETS;PROVIDING FOR SEVERABILITY;PROVIDING FOR
REPEAL; AND FOR PROVIDING A PENALTY. Councilmember Beaulieu seconded the
motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS AND PATTERSON
NAYS: NONE
MOTION PASSED
5. Consider amending Ordinance No. 04-041 relating to the structure located at 3491
W. Euclid
Administration recommended denial of the request for amendment of the
condemnation order.
Councilmember Patterson requested that the condemnation order for the structure
located at 3491 W. Euclid be reconsidered by Council to allow the property owner,
Morris Jones, Jr., to rehabilitate it.
Page 5 of 8 Minutes-November 2,2004
This structure was brought before City Council on May 4, 2004 with staff's
recommendation of a raze order. No work has been attempted on structure since
2000. On May 19,2004, staff spoke with Adona Jones,daughter of property owner.
She asked for some time to remove furniture and personal belongings from the
structure. On May 24, 2004, Morris Jones and Adona Jones each called and said
that they now wanted to rehabilitate the structure.
The structure was brought back before City Council June 8, 2004 for
reconsideration and was given a raze or repair order of 120 days, October 8, 2004,
to complete rehabilitation of the structure. On October 7, 2004, substantial work
had not been completed and the structure became condemned forthe second time.
Discussion was held among Councilmembers to see if other types of housing
funding could be made available to Mr. Jones.
Councilmember Beaulieu made a motion to deny this request for amendment to the
condemnation order of Ordinance 04-041. Councilmember Smith seconded the
motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS AND PATTERSON
NAYS: NONE
MOTION PASSED
6. Consider amending Ordinance No. 04-041 relating to the structure located at 2925
Harriot
Administration recommended denial of the request for amendment of the
condemnation order.
Councilmember Patterson requested that the condemnation order for the structure
located at 2925 Harriot be reconsidered by Council to allow Winfred Mays, son of
the deceased property owner and Genevieve Mays Comeaux, daughter of
deceased property owner, to rehabilitate it.
This structure was brought before City Council on May 4, 2004 with staffs
recommendation of a raze order. Executor of Will, Winfred Mays, had previously
enrolled in a work repair program in September of 2003. No permit was ever
bought. On inspection made March 26, 2004, it was noted that there was extensive
structural and foundation problems. Mr. Winfred Mays still wanted to rehabilitate
the structure. The structure was brought back before Council on June, 2004 for
reconsideration and was given a raze or repair order of 120 days, October 8, 2004,
to complete rehabilitation of the structure. An inspection made October 8, 2004,
indicated that substantial work had not been made and the structure become
condemned for the second time. Mr. Mays had enrolled in the work repair program
but still never purchased a repair permit.
Page 6 of 8 Minutes-November 2,2004
Following discussion, Councilmember Beaulieu made a motion to deny this request
for amendment to the condemnation order of Ordinance 04-041. Councilmember
Smith seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU AND COKINOS
NAYS: COUNCILMEMBER PATTERSON
MOTION PASSED
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH - FEELS THAT COUNCIL IS DOING A DISSERVICE TO THE
PROPERTY OWNERS BY RENEWING THE CONDEMNATION
ORDERS
COUNCILMEMBER BEAULIEU - CONGRATULATIONS TO THE BLUES FESTIVAL COMMITTEE
ON THE FINE JOB DONE THIS WEEKEND WHICH HELPED MAKE
IT SUCH A SUCCESS; REMINDED EVERYBODY WHO HAS NOT
YET VOTED TO BE SURE TO VOTE TODAY
COUNCILMEMBER COKINOS - NONE
MAYOR PRO TEM AMES- ENCOURAGED PEOPLE TO CONTACT THE BETTER BUSINESS
BUREAU TO GET INFORMATION REGARDING CONTRACTORS
COUNCILMEMBER SAMUEL - ABSENT
COUNCILMEMBER PATTERSON - REMINDED EVERYBODY TO GET OUT AND VOTE
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR LORD - REMINDED EVERYBODY THAT THE BETTER BUSINESS
BUREAU IS AVAILABLE AND IS A FREE SERVICE TO THE
PUBLIC
Public Comments (Persons are limited to three minutes)
LeRoy Lewis 111 7866 Gladys Beaumont TX
Ideas for City Council: on behalf of Barbara Lynn, thanked all those who turned out to
support the Bluesfest; comments on need for more jobs, better streets and drainage and
other related matters
Page 7 of 8 Minutes-November 2,2004
Jessica A. Daye 5090 Sassafras Lane Beaumont TX
Requested that City Council reopen for consideration the house located at 725 Euclid
Glenda Ardoin 2540 Sycamore Beaumont TX
Took this opportunity to thank all the citizens in the Charlton Pollard neighborhood as well
as the local businesses and other volunteers,who participated in Project Clean on October
30 - Make A Difference Day
Dean Tucker 2570 Laurel Avenue Beaumont TX
Spoke on the healing agents which have been placed upon Earth to help heal people
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
City of Beaumont vs. House of Praise Deliverance Ministry, Inc.
Executive Session was not held; therefore, Council adjourned at 3:05 p.m.
Audio tapes are available upon request in the City Clerk's Office.
Evelyn M. Lord, ayor
— I—Q�, Ulm
Rose Ann Jones, TRM
City Clerk
Page 8 of 8 Minutes-November 2,2004