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MIN APR 26 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 Tern Bobbie J. Patterson,Ward III April 26,2005 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 April 26,2005,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 4-10/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Pastor Sam Walker ofthe North Church gave the invocation. Max Duplant, Finance Officer 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 presentwere Kyle Hayes,City Manager;Tyrone Cooper,City Attorney; Rose Ann Jones, City Clerk. At this time, Mayor Lord read the Notice of Executive Session and the public apology given to County Clerk Carolyn Guidry which was issued by the City Clerk, Rose Ann Jones Proclamations, Presentations, Recognitions "A Day of Celebration and Commeration of Cinco de Mayo in Beaumont" - May 5, 2005 - Proclamation read by Mayor Pro Tern Ames; accepted by Mr. and Mrs. Roberto Flores Public Comment: Persons may speak on scheduled agenda items 4-10/Consent Agenda. Allen Lee 5995 Maddox Street Beaumont TX Item 4&5: Would like to know more about the Certificates of Obligations and the purpose of this loan to the City Minutes-April 26,2005 CONSENT AGENDA Approval of minutes -April 19, 2005 Confirmation of committee appointments - None A) Approve a contract to purchase fire protective clothing - Resolution 05-097 B) Authorize the City Managerto renew a license agreementwith Crockett Street Development, Ltd., for a one (1) year term - Resolution 05-098 C) Authorize the City Manager to renew a lease agreement with the State of Texas for coastal public lands on the Neches River- Resolution 05-099 D) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in Wooten Oaks Addition, Phase I Subdivision - Resolution 05-100 E) Authorize the acquisition of Parcel 4 of the Martin Luther King,Jr. Park Project-Resolution 05-101 F) Approve an agreement for the placement of fiber optic cable in the public right-of-way - Resolution 05-102 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember 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 RCR(Residential Conservation and Revitalization) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow storage for a retail business at 1710 North Street - Ordinance 05-038, Ordinance 05-039 Administration recommended approval of a zone change from RCR (Residential Conservation and Revitalization)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow storage for a retail business at 1710 North Street. Page 2 of 14 Minutes-April 26,2005 The property owners have bought the subject property with the intent of using the buildings for storage for their vintage china shop, The Cheshire Cat. The subject property is located at 1710 North Street. The property has sat vacant for many years. In April,2000,a specific use permit was granted for a church but the church never occupied the building. That specific use permit has since expired. The building is now covered with graffiti and is deteriorating due to non-use. No retail sales would occur at 1710 North and no customers will come to the subject property. The Hyslops will go to the warehouse to get what stock that is needed and then return to their retail store. The Hyslops will clean up the property and maintain it so that it is no longer an eyesore to the community. At a Joint Public Hearing held April 18, 2005,the Planning Commission voted 5:0 to approve a zone change from RCR (Residential Conservation and Revitalization) Districtto GC-MD-2(General Commercial-Multiple Family Dwelling-2)Districtforthe property at 1710 North Street. At a Joint Public Hearing held April 18,2005,the Planning Commission voted 5:0 to approve a specific use permit for the property at 1710 North Street subject to the following conditions: A) Move the parking spaces to the west side of the property to allow for maneuvering area on the subject property. B) Receive Board of Adjustment approval for special exception to the parking requirements (2 spaces instead of the required 6 spaces). C) Modification to the landscaping/screening requirements along the north property line and for the required parking spaces. Councilmember Smith moved to ADOPT ORDINANCE 05-038 ENTITLED AN ORDINANCE 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 ZONED RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT, BEAUMONT, JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEALAND PROVIDING A PENALTY. 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 Page 3 of 14 Minutes-April 26,2005 COuncilmember Beaulieu moved to ADOPT ORDINANCE 05-038 ENTITLEDAN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW STORAGE FOR A RETAIL BUSINESS ON PROPERTY LOCATED AT 1710 NORTH STREET IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2)DISTRICT IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)Districtto GC-MD-2(General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a car wash on property located on the south side of Calder, 197'east of the intersection of Calder and Junker Road - Ordinance 05-040, Ordinance 05-041 Administration recommended approval of a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)Districtto GC-MD-2(General Commercial- Multiple Family Dwelling-2) District and a specific use permit to allow a car wash. Gulf Coast Car Wash Equipment, Inc.,the applicant, is requesting this zone change and specific use permit to allow a self-service car wash in the 6300 block of Calder. The carwash will have four self-service bays,one fully automatic touch free carwash and the necessaryvacuum cleaner and vending to adequately serve a carwash of this size. An employee will be on the property part-time for the convenience of the customers. The car wash will be open 24 hours a day. The subject property is adjacent to GC-MD zoning to the north and west. To the south is a single family residence. To the east is an apartment complex. At a Joint Public Hearing held April 18, 2005,the Planning Commission voted 4:1 to approve a zone change from RM-H District to GC-MD-2 District and a specific use permit to allow a car wash, subject to the following conditions: * The carwash must comply with the City storm requirements and Watershed Protection Ordinance. Driveway widths shall not exceed 35 feet in width. 10'wood screening fence shall be constructed along the east and south sides of the property. Along the east side of the property,allow the required 10'wide landscape strip on the outside of the screening fence. This falls under the 20% Rule. This means that in order to approve a zone change or specific use permit when the 20%rule has been invoked at least six Council members Page 4 of 14 Minutes-April 26,2005 must vote in favorof the Ordinance. On File 1774-ZJP,a protest of 30%was received, therefore invoking the Rule on this case. Councilmember Beaulieu made a motion to ADOPT ORDINANCE 05-040 ENTITLED AN ORDINANCE 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 ZONED RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF CALDER 197' EAST OF THE INTERSECTION OF CALDERAND JUNKER ROAD,BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Councilmember Beaulieu made a motion with the operating time limited to 7:00 a.m. until 10:00 p.m. to ADOPT ORDINANCE 05-041 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CAR WASH ON PROPERTY LOCATED ON THE SOUTH SIDE OF CALDER 197' EAST OF THE INTERSECTION OF CALDER AND JUNKER ROAD, IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT 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 AND PATTERSON NAYS: COUNCILMEMBER SAMUEL MOTION PASSED 3. Consider approving a request for a zone change to remove an HC(Historic Cultural Landmark Preservation) Overlay District for the property at 2693 Broadway - Ordinance 05-042 Administration recommended approval of a zone change to remove an HC(Historic Cultural Landmark Preservation)Overlay District forthe property at 2693 Broadway. The subject property is occupied by a house that is attached to a large metal building. The property is zoned GC-MD(General Commercial-Multiple Family Dwelling)District and has been used for commercial purposes for a number of years. Page 5 of 14 Minutes-April 26,2005 The properties to the west, north and south are commercial and are outside the Historic District. The Planning Manager does not feel that the removal of this property would be detrimental to the Historic District. At a Joint Public Hearing held April 18, 2005,the Planning Commission voted 5:0 to approve a zone change to remove an HC(Historic Cultural Landmark Preservation) Overlay District for the property at 2693 Broadway. Mayor Pro Tern Ames made a motion to ADOPT ORDINANCE 05-042 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS, AND IN PARTICULARTHE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY REMOVING THE ZONING DESIGNATION OF HC (HISTORIC CULTURAL LANDMARK PRESERVATION) OVERLAY DISTRICT FOR PROPERTY LOCATED AT2693 BROADWAY,BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith 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 resolution authorizing publication of notice of intention to issue $20 million in Certificates of Obligation - Resolution 05-103 Administration recommended approval of a resolution authorizing publication of notice of intention to issue $20 million in Certificates of Obligation. The $20 million in Certificates of Obligation will be issued to finance various street, drainage and general improvements. Concurrently, $15 million in Waterworks and Sewer System Revenue Bonds will be issued to provide funds for the expansion, repair,renovation and related improvements to the waterworks and sewersystem.A notice of intent to issue revenue bonds is not required so no action is requested on these bonds at this time. Issuance of the Bonds and Certificates is scheduled for May 24, 2005 with delivery and receipt of the proceeds by the City on June 23, 2005. The breakdown for the use of these funds is as follows: Street and Drainage Improvements . . . . . . . . . . . $15,300,000 Building Improvements . . . . . . . . . . . . . 2,480,000 Park Improvements . . . . . . . . . . . . . . 720,000 Equipment . . . . . . . . . . . . 1,400,000 Costs of Issuance . . . . . . . . . . . 100,000 Total . . . . . . . . . . . $20,000,000 Page 6 of 14 Minutes-April 26,2005 All debt and other expenses related to the Certificates of Obligation shall be incurred by the Debt Service Fund which is supported by property taxes. The current debt service propertytax rate of$0.282733 is expected to be sufficientto supportthis issue of Certificates. All debt and expenses related to the Revenue Bonds shall be incurred by the Water fund which is supported by revenues of the waterworks and sewer system. Water and Sewer rates approved through June 2007 are sufficient to meet debt service requirements on the Revenue Bonds. Mayor Pro Tern Ames made a motion to APPROVE RESOLUTION 05-103 AUTHORIZING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE $20 MILLION IN CERTIFICATES OF OBLIGATION. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 5. Consider approving a resolution to provide for the reimbursement of costs incurred prior to issuance of $20 million in Certificates of Obligation or other tax exempt obligations - Resolution 05-104 Administration recommended approval of a resolution concerning the issuance of Certificates of Obligation or other tax exempt obligations to finance street and drainage improvements, building renovations, equipment and other capital improvements and provide forthe reimbursement of costs incurred priorto issuance. Approximately $20 million in Certificates of Obligation is expected to be issued on May 24, 2005 to fund various public works and general improvements projects. It is necessary to incur some of the costs associated with these projects prior to the issuance of the obligations. It is the intent of the City to reimburse itself out of the proceeds of the obligations for all such costs which are paid prior to issuance. These costs shall include fees paid for engineering and other professional services, acquisition costs associated with obtaining materials and property,and construction and development costs. All debt and other expenses shall be incurred by the Debt Service Fund which is supported by property taxes. Subsequent Council action will be requested to approve the issuance of approximately $20 million in Certificates of Obligation on May 24, 2005. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-104 TO PROVIDE FOR THE REIMBURSEMENT OF COSTS INCURRED PRIOR TO ISSUANCE OF $20 MILLION DOLLARS IN CERTIFICATES OF OBLIGATION OR OTHER TAX EXEMPT OBLIGATIONS. Councilmember Smith seconded the motion. Page 7 of 14 Minutes-April 26,2005 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 6. Consider approving the purchase of property located at 5250 Washington Blvd - Resolution 05-105 Administration recommended authorizing the purchase of property located at 5250 Washington Boulevard,at an amount notto exceed$450,000,through a public auction. The property at 5250 Washington Boulevard has been leased for the Police Department since January 1998. Narcotics and Street Crimes units use the premises for office space and storage of seized property. The current lease,which expires in March 2006, contains an option to buy provision that is effective during the term of the agreement. If exercised,the purchase price is $450,000. Currently,the City pays$4,200 per month for the 1.5 acres of property and 4,000 square foot office building. The Jefferson County Appraisal District has appraised the property at $396,580. The owner of the property has defaulted on his loan and the note holder has initiated procedures to sell the property at a public auction on May 3,2005. On that date,the Trustee will sell the property at the County Courthouse to the highest bidder. Since the property is being sold at an auction,the City has an unusual opportunity to acquire the property at less cost than the price set by the lease agreement's option to purchase provision. City staff would attempt to acquire the property at the lowest possible bid price, not to exceed the value of our purchase option. Considering the City pays$50,400 per yearforthe lease of the property,the purchase cost,even atthe appraised value, would be recouped in 7.8 years. Funds will be available in the Capital Reserve and the Police Confiscated Goods Funds. Councilmember Smith made a motion to APPROVE RESOLUTION 05-105 TO APPROVE THE PURCHASE NOT TO EXCEED $450,000 THROUGH A PUBLIC AUCTION PROPERTY LOCATED AT 5250 WASHINGTON BOULEVARD FOR THE NARCOTICS AND STREET CRIMES UNITS OF THE BEAUMONT POLICE DEPARTMENT AND THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE ALL NECESSARY DOCUMENTS TO PURCHASE THE PROPERTY LOCATED AT 5250 WASHINGTON BOULEVARD. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL Page 8 of 14 Minutes-April 26,2005 NAYS: NONE MOTION PASSED 7. Consider granting a new solid waste collection and transportation service franchise to Arrow Waste, Inc. - Ordinance 05-029 (Third Reading) Administration recommended granting a sold waster collection and transportation service franchise to Arrow Waste, Inc. This is the final reading of the three required by ordinance to be granted a franchise agreement. The first reading of the franchise request was on March 22,2005 and the second reading was given at the March 29, 2005 council meeting. According to City ordinances, a franchise agreement is required prior to a firm conducting business within the City limits. Arrow Waste has requested that the City grant the company a franchise agreement for collection,hauling and transportation of garbage or refuse from locations in the City, and the disposal of such material in accordance with applicable laws. The requested franchise agreement provides fora term of one yearfrom its effective date and a franchise fee of seven percent(7%)of gross revenues received for service. The term is extended on a month-to-month basis afterthe expiration of the initial term. The agreement also requires the firm to indemnify the City and provide insurance which names the City of Beaumont as a named insured. Franchise ordinances require readings at three (3)separate Council meetings,with the third not less than thirty(30)days from the first reading. The ordinance does not take effect until sixty(60)days after its adoption on the third and final meeting. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication cost are paid by the successful firm. A franchise fee of seven percent(7%)of gross receipts is paid into the General Fund. City Council was presented with the first reading of the franchise request on March 22, 2005. The second reading was given at the March 29, 2005 council meeting. Councilmember Cokinos made a motion to ADOPT ORDINANCE 05-029 ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO ARROW WASTE, INC. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL Page 9 of 14 Minutes-April 26,2005 NAYS: NONE MOTION PASSED 8. Consider granting anew solid waste collection and transportation service franchise to Triangle Waste Solutions, LLC - Ordinance 05-030 (Third Reading) Administration recommended granting a solid waste collection and transportation service franchise to Triangle Waste Solutions, LLC. This is the final reading of the three required by ordinance to be granted a franchise agreement. The first reading of the franchise request was on March 22,2005 and the second reading was given at the March 29, 2005 council meeting. According to City ordinances, a franchise agreement is required prior to a firm conducting business within the City limits. Arrow Waste has requested that the City grantthe company a franchise agreement for collection, hauling and transportation of garbage or refuse from locations in the City, and the disposal of such material in accordance with applicable laws. The requested franchise agreement provides for a term of one yearfrom its effective date and a franchise fee of seven percent(7%)of gross revenues received forservice. The term is extended on a month-to-month basis afterthe expiration of the initial term. The agreement also requires the firm to indemnify the City and provide insurance which names the City of Beaumont as a named insured. Franchise ordinances require readings at three(3)separate Council meetings,with the third not less than thirty(30)days from the first reading. The ordinance does not take effect until sixty(60)days after its adoption on the third and final meeting. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication cost are paid by the successful firm. A franchise fee of seven percent(7%)of gross receipts is paid into the General Fund. City Council was presented with the first reading of the franchise request on March 22, 2005. The second reading was given at the March 29, 2005 council meeting. Councilmember Beaulieu made a motion to ADOPT ORDINANCE 05-030 ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO TRIANGLE WASTE SOLUTIONS, LLC. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Page 10 of 14 Minutes-April 26,2005 9. Consider authorizing the City Managerto increase the Sanitary Sewer Rehabilitation of Small Diameter Mains HowellNount Outfall Contract VI for"extra work"-Resolution 05-106 Administration recommended increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains HowellNount Outfall Contract VI Project amount by $53,175 to rehabilitate 1,350 linear feet of 8-inch sanitary sewer pipe, and replace 15 sanitary sewer service connections on Pinkstaff Street. The existing sewer lines built in 1960 have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, and provide customers with uninterrupted and adequate service. Funds for the project are available in the Capital Improvements Fund. Councilmember Samuel made a motion to APPROVE RESOLUTION 05-106 THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE CHANGE ORDER NO. 2 IN THE AMOUNT OF $53,175 THEREBY INCREASING THE SANITARY REHABILITATION OF SMALL DIAMETER MAINS HOWELL/YOUNT OUTFALL CONTRACTVI TO$861,452. Councilmember Beaulieu 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 contract fora litter awareness campaign-Resolution 05-107 Administration recommended the award of a contract to Ann Lee and Associates of Beaumont,Texas to conduct a litter awareness campaign forthe Code Enforcement Division in the amount of$47,962. Goals of the campaign are to educate citizens on the need for litter prevention and to increase awareness of litter issues among the citizens in Beaumont as well as in Jefferson, Orange, and Hardin counties. The second proposal was incomplete as presented and could not be fully evaluated due to missing information. Pertinent information missing from the proposal included broadcast air times, names of television stations to be used,and names of television programs during which commercials were to be broadcast.The lack of this information prevented the proposed number of broadcasts to be evaluated for quality or effectiveness. Page 11 of 14 Minutes-April 26,2005 Funding is available through an interlocal agreement with the Southeast Texas Regional Planning Commission from a grant provided by the Texas Commission on Environmental Quality. Mayor Pro Tern Ames made a motion to APPROVE RESOLUTION 05-107 THAT THE PROPOSAL SUBMITTED BYANN LEE AND ASSOCIATES OF BEAUMONT,TEXAS TO CONDUCT A LITTER AWARENESS CAMPAIGN FOR THE CODE ENFORCEMENT DIVISION IN THE AMOUNT OF$47,962 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS CITY MANAGER HAYES - NONE COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER SAMUEL - CONFIRMED HIS CONTINUED 30 YEARS RESIDENCE AT HIS SAME RESIDENCE; ADDRESSED THE CITY ATTORNEY AS TO THE ELECTION BALLOTS,THE ELECTION CODE AND NUMBER OF EARLY VOTER BALLOTS CAST; ADDRESSED THE CITY CLERK AS TO THE COMPANY THAT PRINTED THE BALLOTS AND CONCERNS ABOUT THE VALIDITY OF THE ELECTION COUNCILMEMBER PATTERSON - REMINDED EVERYBODY THAT EARLY VOTING CONTINUES THROUGH MAY 3 AND THE ELECTION IS ON MAY 7; ADDRESSED THE CITY CLERK ABOUT PROCEDURE IF A PERSON CASTS A BALLOT AND THEN HAS QUESTION CITY ATTORNEY COOPER- REMINDED CANDIDATES AND CITIZENS THAT SINCE CITY HALL IS THE EARLY VOTING PLACE THAT ELECTIONEERING IS NOT ALLOWED WITHIN 100 FEET OF CITY HALL OR WITHIN CITY HALL AND LOITERING OF CANDIDATES IN FRONT OF OR WITHIN CITY HALL IS ALSO NOT ALLOWED Page 12 of 14 Minutes-April 26,2005 MAYOR LORD- ON BEHALF OF VOLUNTEER MONTH,A SPECIAL THANK YOU TO ALL THOSE WHO VOLUNTEER FOR CIVIC OR CHARITABLE ORGANIZATIONS AND HOW IMPORTANT THIS SERVICE IS Public Comments (Persons are limited to three minutes) Allen Lee 5995 Maddox Beaumont TX Asked that the City Clerk resign and be removed from the election process Leroy Lewis 111 7866 Gladys Beaumont TX Wished Happy 50th Anniversary to Channel 6;the City streets and roads need to be improved, the continued need for safer neighborhoods and the continued need for sidewalks Kerry J. Avie 1280 Saxe Beaumont TX Prayer for the City Marie Hubbard 1990 Nora Street Beaumont TX Extended a thank you to the City Manager and the City crew for cleaning up the property next to her home and would like some additional clean up work completed;encouraged everybody to come out and vote Samuel Jackson 4404 Phelan Blvd. Beaumont TX Concerned with the happenings of the City,the City budget and how ourtaxes are being used Roberto C. Flores Sr. 2425 Buchanan Street Beaumont TX Would like to have"Sunday in the Park"reinstated where each week a different organization would sponsor an activity and feels this would help the City is becoming more unified Delores Davis 2298 Blanchette Beaumont TX Commented on the hard work of the Mayor,Councilmembers as well as the City Clerk's Office and acknowledged Marie Hubbard and her work for the community Open session of meeting recessed at 2:40 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Pegasis Network Systems, Inc. Page 13 of 14 Minutes-April 26,2005 There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. Aw Evelyn M. L , Mayor A Ir VA��tt� Ogg Rose Ann Jones, T C City Clerk Y Page 14 of 14 Minutes-April 26,2005