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MIN FEB 22 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I EVELYN M. LORD, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames, Mayor Pro Tem Bobbie J. Patterson,Ward III February 22, 2005 Audwin Samuel,Ward IV 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 February 22,2005,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- 3/Consent Agenda Consent Agenda Mayor Pro Tern Ames called the council meeting to order at 1:30 p.m. Pastor David Brett of the Christ Community Church gave the invocation. Mayor Pro Tern, Becky Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, Deputy City Clerk. Present at the meeting were Mayor Pro Tern Ames,Councilmembers Smith, Beaulieu,Cokinos and Samuel.Councilmember Patterson arrived at 1:49 p.m. Absent Mayor Lord. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, Deputy City Clerk. Proclamations, Presentations, Recognitions Adopt-a-Street Program- Presentation by Tom Warner, Public Works Director;accepted by Robert Pollard and Medrick Lee on behalf of the Men's Ministry,Cathedral of Faith Baptist Church Public Comment: Persons may speak on scheduled agenda items 1- 3/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of February 8, 2005 Confirmation of committee appointments - Resolution 05-042 Kathleen Leaf would be reappointed to the Library Commission. The current term would expire February 15, 2007. (Councilmember Nancy Beaulieu) Minutes-February 22,2005 Dinah Bernsen would be reappointed to the Library Commission. The current term would expire January 31, 2006. (Councilmember Nancy Beaulieu) Bessie Chisum would be reappointed to the Community Development Advisory Committee. The current term would expire December 11, 2006. (Councilmember Lulu Smith) George Jackson would be reappointed to the Parks and Recreation Advisory Commission. The current term would expire March 20, 2006. (Councilmember Nancy Beaulieu) E.J.Sherlockwould be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire October 14, 2006. (Councilmember Nancy Beaulieu) Liz Harris would be appointed to the Parks and Recreation Advisory Committee. The term would commence February 22, 2005 and expire February 21, 2007. (Mayor Evelyn M. Lord) Nelda White Brown would be appointed to the Drug Free Beaumont Commission. The term would commence February 22, 2005 and expire February 21, 2007. (Councilmember Nancy Beaulieu) Marilyn Hebert would be reappointed to the Drug Free Beaumont Commission. The current term would expire February 25, 2007. (Councilmember Lulu Smith) Lula Henrywould be reappointed to the Parks and Recreation Advisory Committee. The currentterm would expire September 14, 2005. (Councilmember Lulu Smith) Frank Messina would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 15, 2007. (Mayor Evelyn M. Lord) Ann Rothkamm would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 10, 2007. (Mayor Evelyn M. Lord) Bonnie Cokinos would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 10, 2007. (Mayor Evelyn M. Lord) Rocky Chase would be reappointed to the Convention and Tourism Advisory Board. The current term would expire December 4, 2006. (Councilmember Andrew P. Cokinos) Mary Jowers would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire February 1, 2007. (Councilmember Andrew P. Cokinos) Joey Hilliard would be reappointed to the Board of Adjustment (Zoning). The current term would expire February 17, 2007. (Mayor Evelyn M. Lord) Terleen Hurst would be reappointed to the Drug Free Beaumont Commission. The current term would expire February 17, 2007. (Mayor Evelyn M. Lord) Pollie Dean would be reappointed to the Historic Landmark Commission. The current term would expire February 10, 2007. (Councilmember Andrew P. Cokinos) Page 2 of 11 Minutes-February 22,2005 Sam Bethea would be appointed as Chairman of the Keep Beaumont Beautiful Commission. The term would commence February 22, 2005 and expire February 21, 2006. (Mayor Evelyn M. Lord) Carolyn Howard would be appointed as Vice-Chairman of the Keep Beaumont Beautiful Commission. The term would commence February 22, 2005 and expire February 21, 2006. (Mayor Evelyn M. Lord) Ann Heidtke-Poynor would be reappointed to the Library Commission. The current term would expire August 31, 2006. (Councilmember Andrew P. Cokinos) Myra Clay would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire October 12, 2006. (Mayor Evelyn M. Lord) Herb Spangler would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire January 13, 2007. (Councilmember Andrew P. Cokinos) Pam Johnson would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire January 20, 2007. (Councilmember Andrew P. Cokinos) A) Approve the sale of City-owned surplus property located at 735-753 Wall Street - Resolution 05-043 B) Approve the sale of City-owned surplus property located on Flowers Street - Resolution 05-044 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving the purchase of one (1) diesel powered cab and chassis equipped with a jet rodder sewer vacuum system for use in the Water Utilities Division - Resolution 05-045 Administration recommended the purchase of one (1) 2006 Sterling L8500 diesel powered cab and chassis equipped with a jet rodder sewer vacuum body for the Public Works Department, Water Utilities Division, through the Houston-Galveston Area Council (H-GAC) cooperative purchasing program. Page 3 of 10 Minutes-February 22,2005 The jet rodder sewer vacuum system is capable of breaking clogs and blocked debris in sewer lines. With this system, debris and grease can be pulled to a manhole and vacuumed from the line. There are 780 miles of sewer lines in Beaumont which need preventative cleaning to ensure adequate flow. The truck will be ordered from H-GAC's contracted vendors, the chassis from Houston Freightliner Inc. of Houston,Texas, at a cost of$62,299 and the jet rodder vacuum body from Vactor Manufacturing of Streator, Illinois. The truck will replace a 1996 Ford 8000 jet rodder truck, which will be disposed of according to the City's surplus policy procedures. Funds will be provided through a lease purchase agreement. Councilmember Cokinos made a motion to APPROVE RESOLUTION 05-045 FOR THE PURCHASE OF ONE (1) 2006 STERLING L8500 DIESEL POWERED CAB AND CHASSIS EQUIPPED WITH A JET RODDER SEWER VACUUM BODY FOR THE PUBLIC WORKS DEPARTMENT, WATER UTILITIES DIVISION, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $215,499. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving the purchase of one(1)diesel powered cab and chassis for use in the Clean Community Division - Resolution 05-046 Administration recommended the purchase of one diesel powered cab and chassis forthe Public Works Department, Clean Community Division,through the Houston- Galveston Area Council (H-GAC) cooperative purchasing program. The truck will be ordered from H-GAC's contracted vendor, Houston Freightliner, Inc. of Houston, Texas, at a cost of$78,307. The truck will be used by the Clean Community Division for removing residential yard waste. A 1991 Ford trash truck,will be replaced by the new unit,which will be disposed of according to the City's surplus policy procedures. Funds are available in the Solid Waste Fund. Councilmember Smith made a motion to APPROVE RESOLUTION 05-046 FOR THE PURCHASE OF ONE(1)2006 FREIGHTLINER M2-112 DIESEL POWERED CAB AND CHASSIS EQUIPPED WITH A 5T"WHEEL FOR THE PUBLIC WORKS DEPARTMENT,CLEAN COMMUNITY Page 4 of 10 Minutes-February 22,2005 DIVISION, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $78,307. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a lease agreement for an annual event at the Beaumont Fairgrounds - Resolution 05-047 Administration recommended approving a contract with Reed Exposition Midwayfor a lease on the fairgrounds for a period of seven years beginning in 2005. Reed Exposition Midway has contacted the City of Beaumont wishing to lease a portion of the Fairgrounds in orderto hold an annual Golden Triangle Fairfora period of ten days. They wish to use the midway area and have rights to rent the buildings each year. Opening day for the Fair this year will be April 29 through May 8. Theywill open weekdays at 5:00 p.m. and at 3:00 p.m. on Saturday and Sunday. The City will receive$4,000 in rent plus all parking revenue and revenue from exhibit space sold. This fair has good potential to grow and will provide another entertainment option for all South East Texans. The tickets will be approximately $3.00 each, references checked were all very positive. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-047 TO ACCEPT A CONTRACT WITH REED EXPOSITION MIDWAY FOR A SEVEN (7)YEAR LEASE TO LEASE A PORTION OF THE FAIRGROUNDS IN ORDER TO HOLD AN ANNUAL GOLDEN TRIANGLE FAIR FOR A PERIOD OF TEN DAYS. Councilmember Cokinos seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. PUBIC HEARING: Dilapidated Structures Public Hearing Opened at 1:45 p.m. Public comments were made bythe following people who personally appeared and requested additional time to make repairs to their property. Page 5 of 11 Minutes-February 22,2005 Marion Ruben 3990 Houston St. Beaumont TX #10 - RE: 3990 Houston Eddie Scott 2987 Avenue A Beaumont TX #3 - RE: 1440 Boliver St. Scott Warner 347 Pine Hurst Dr. Sour Lake TX #31 - RE: 4015 Ogden Mark Bergeron 3730 Evalon Ave. Beaumont TX #4 - RE: 1435 Broadway Gary Robbins 9805 Phelan Blvd. Beaumont TX #14 - RE: 2370 Monroe Joseph Durousseau 1432 Lamar St. Beaumont TX #12 - RE: 1432 Lamar St. Dean Tucker 2570 Laurel Ave. Beaumont TX #7 - RE: 683-701 Forsythe (Commercial) Francis Buxie 4040 Avenue A Beaumont TX #15 - RE: 2427 Neches Ray G. Winfield 2355 Clearview St. Beaumont TX #23 - RE: 2120 Sabine Pass Ave. (Commercial) April Gallien 28205 Ih Ave. Port Arthur TX #6 - RE: 1305 Edwin Rosetta Jones 2137 Orange Beaumont TX #9 - RE: 4025 Hartel Lester Sells 2105 Earl St. Beaumont TX #28 & 29 - RE: 1378 & 1392 Magnolia Ave. Richard Nolan 1840 Fairway Beaumont TX #20 - RE: 2245 Pierce Algene Bossette 2360 S. 91h St. Beaumont TX #16 - RE: 2350 S. 91h St. Wilton Richard 1375 Calvin St. Beaumont TX #5 - RE: 1660-1662 Cartwright Robert Lee Forward 2196 Magnolia Beaumont TX #11 - RE: 4045 Houston Page 6 of 11 Minutes-February 22,2005 Robert Patillo 5790 Calder Beaumont TX #35 - RE: 205 E. Threadneedle & Garage Rogers Ferguson 4970 Park Beaumont TX #8 - RE: 2425 Harriot Alberta Washington 1995 Tulane Beaumont TX #24 - RE: 1185 Vermont Phung Hoang 9330 Mapes St. Beaumont TX #1 - RE: 2996 Avenue Gerardo Loza 2350 North Beaumont TX #18 - RE: 2255-57 North Jesse Flores 2360 Avenue E Beaumont TX #26 & 27 - RE: 2398 Avenue E * 1830-40 Bolivar (Gar Apt.) Public Hearing closed at 3:01 p.m. Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal; allowing the owners of certain structures to complete their present work programs and obtain their Certificate of Occupancy;and ordering the owners of certain structures to enroll in a work program and complete all work within 60 days. Following the Public Hearing, Councilmember Samuel made a motion to ADOPT ORDINANCE 05-020 FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Patterson seconded the motion. The following structures were found to be a public nuisance and in accordance with Article XVI I,Section 2,of the Charterof the City of Beaumont,Section 10-2 and 14-52 of the Code of Ordinances of the City of Beaumont,Texas, it is hereby ordered that the property owners (s) of the following described buildings complete all repairs and receive a Certificate of Occupancy within one-hundred twenty (120) days. If the property owner (s) fail (s) to complete all repairs and receive a Certificate of Occupancy within one-hundred twenty(120)days,Council orders that the property be demolished without further notification to the property owners or City Council action. 1. 2996 Avenue E 16. 2350 S. 9th Street 3. 1440 Bolivar 18. 2255-57 North 5. 1660-1662 Cartwright 20. 2245 Pierce 16. 1305 Edwin 23. 410 Short(Commercial) Page 7 of 11 Minutes-February 22,2005 8. 2425 Harriot 24. 1995 Tulane 9. 4025 Hartel 26. 2398 Avenue E 10 3990 Houston 27. 1830-40 Bolivar(Garage Apt) 11. 4045 Houston 28. 1378 Magnolia Avenue 12. 1432 Lamar 29. 1392 Magnolia Avenue 14. 2370 Monroe 31. 4015 Ogden 15. 2427 Neches 35. 205 E. Threadneedle&Garage As part of the motion and to be included in Ordinance 05-020, it be ordered that the owner or owners of the following described buildings execute a work program with the Citywithin ten(10)days of the effective date of this ordinance and eitherdemolish or repairthe structures and obtain a Certificate of Occupancywithin sixty(60)days of the effective date of the execution of this ordinance. 30. 1435 Doucette 34. 2906 Pine 32. 2860 Orange 36. 1801 Washington Blvd. 33. 4525 Pershing Drive As part of the motion and to be included in Ordinance 05-020, it be ordered that the owner or owners of the following described buildings demolish and remove the structures within ten(10)days of the date of this ordinance. If the property owner(s)fail (s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. 2. 6766 Bigner Road 19. 3990 Ogden Avenue (Garage Apt.) 7. 683-701 Forsythe (Commercial) 21. 3940 Pine (Commercial) 13. 1793-99 Liberty 22. 2120 Sabine Pass Ave. (Commercial) 17. 1910 Nora 25. 1185 Vermont AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Councilmember Samuel made a motion to remove item No. 4 located at 1435 Broadwayfrom the raze orderfor historic purposes and bring this item backto Council in a 120 days on this same raze order for evaluation. Councilmember Beaulieu seconded. Page 8 of 11 Minutes-February 22,2005 AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON- INVITED EVERYONE TO A BLACK HISTORY PROGRAM AT THE L.L. MELTON YMCA ON MONDAY, FEBRUARY 28, 2005, AT 7:00 P.M. COUNCILMEMBER SAMUEL - INVITED EVERYONE TO A HEALTH FAIR AT FLETCHER ELEMENTARY THIS SATURDAY FROM 10:00 A.M. TO 2:00 P.M. COUNCILMEMBER COKINOS - NONE COUNCILMEMBER BEAULIEU - INVITED EVERYONE TO THE JEFFERSON THEATER TO SEE LEAHY ON SUNDAY, FEBRUARY 27, 2005 AT 3:00 P.M. COUNCILMEMBER SMITH- NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - THANKED COUNCIL FOR BEING PATIENT WITH STAFF REGARDING THE AMOUNT OF HOUSES THAT WERE LISTED ON THE DANGEROUS STRUCTURE ORDINANCE MAYOR PRO TEM AMES- NONE Public Comments (Persons are limited to three minutes) Eddie Scott 2987 Ave A Beaumont TX Voiced concerns regarding consistencywith Council;recently presented a building to Council to be considered for historic property which was denied Dean Tucker 2570 Laurel Ave. Beaumont TX Spoke on the benefits of healing drugs Page 9 of 11 Minutes-February 22,2005 Robert Preston 1190 Iowa St. Beaumont TX Discussed Standards of Conduct, Dangerous structures, Municipal Courtand the Cityweb site Leroy Lewis 7866 Gladys Beaumont TX Discussed police issues, jobs, race, and building the entire city instead of just one area Bridgette Brown 1430 Harrison Beaumont TX Inquired about the ordinance regarding noise and running a business out of a home Jesse Flores 2360 Avenue E Beaumont TX Spoke on dangerous structures regarding adding a section in the ordinance that deals with weather conditions Gary Robbins 1189 Phelan Beaumont TX Spoke on being an American and coming together as citizens of Beaumont Allen Lee 5095 Maddox Beaumont TX Commented on the City of Beaumont coming together as an "United City"; discussed a newspaper article regarding the development of waterfront park Open session of meeting recessed at 3:42 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Willie Parker III Penni Simonson, et al v City of Beaumont City of Beaumont v Scottish Inn City of Beaumont v Interstate Inn City of Beaumont v Beaumont Courtyard City of Beaumont v Fairfield Inn City of Beaumont v MCM Elegante' City of Beaumont v Beaumont Hilton There being no action taken in Executive Session, Council adjourned. Page 10 of 11 Minutes-February 22,2005 Audio tapes are available upon request in the City Clerk's Office. Becky Ames ayor Pro Tern ` � UMO ✓l0,1 (., L or,, �' C ,� too, Tina Broussard A ` l� Deputy City Clerk TN Page 11 of 11 Minutes-February 22,2005