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MIN JUNE 17 2003 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith EVELYN M. LORD, MAYOR Nancy A. Beaulieu Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Por Tern Bobbie J. Patterson June 17,2003 Audwin M. Samuel Lane Nichols, City Attorney Kyle Hayes,City Manager Susan Henderson, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on June 17, 2003, 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 Consent Agenda Mayor Evelyn Lord called the meeting to order at 1:31 p.m. Pastor James Blackwell,from South Park Baptist Church said the invocation. Councilmember Samuel led the Pledge of Allegiance. Roll call was made by Susan Henderson, City Clerk. Present at the meeting was Mayor Lord, Mayor Pro Tern Ames, Councilmembers Cokinos and Samuel. Also present was Kyle Hayes, City Manager; Lane Nichols, City Attorney; Susan Henderson, City Clerk and Tina Broussard, Administrative Assistant I. Councilmember Smith arrived at 1:35 p.m. Absent from the meeting was Councilmember Beaulieu as she was attending Leadership Texas. Councilmember Patterson was also absent from the meeting as she was attending the National Black Caucus LEO Conference. Proclamations, Presentations, Recognitions and Introductions City Manager Kyle Hayes introduced to City Council and to the general public, Dean Conwell, the new Director of the Convention and Visitors Bureau. Mr. Conwell was selected from over 90 applicants received for this position. He previously worked for twelve years as the Director of the Tourism Bureau in Irving, Texas and for the last two years Mr. Conwell worked AmLink Technologies in Dallas, Texas. Public Comment: Persons may speak on scheduled General Business Agenda Items 1-3 or on the Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of June 10, 2003 Confirmation of committee appointments A) Approve an annual contract for the purchase of manholes, manhole covers and sewer materials - Resolution 03-126 Councilmember Cokinos moved to approve the Consent Agenda. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, AND SAMUEL NAYS: NONE MOTION PASSED. GENERAL BUSINESS 1. Consider amending Section 29-101 (1) (k) of the Code of Ordinances relating to a new copper limit that will be incorporated into the Industrial Discharge Permits issued by the Water Utilities Division. Councilmember Cokinos moved to approve ORDINANCE 03-044 ENTITLED AN ORDINANCE AMENDING CHAPTER 28,ARTICLE V,INDUSTRIAL WASTE STANDARDS,SECTION 28-101(1)(K),OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO LOWER THE COPPER LIMIT TO 1.0 MG/L; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,COKINOS, AND SAMUEL NAYS: NONE MOTION PASSED. 2. Consider approving a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-IX. Councilmember Smith moved to approve RESOLUTION 03-127 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT-IX. Councilmember Cokinos seconded the motion. Minutes-June 17,2003 Page 2 AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,COKINOS, AND SAMUEL NAYS: NONE MOTION PASSED. 3. Consider authorizing a change order to the 20" Water Line Relocation at Major Drive (FM364) Project. COuncilmember Smith moved to approve RESOLUTION 03-0 AUTHORIZING THE CITY MANAGER TO INCREASE THE PROPOSED 20 WATER LINE RELOCATION AT MAJOR DRIVE (FM364) PROJECT AMOUNT FOR"EXTRA WORK." Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,COKINOS, AND SAMUEL NAYS: NONE MOTION PASSED. WORK SESSION: * REVIEW ARTICLES IV-VI OF THE CITY CHARTER City Attorney Lane Nichols held another workshop with City Council to review Articles IV through Articles VI of the City Charterto propose possible Charter Amendments that would be voted on by the City's registered voters in a Special Election to be held on Saturday, September 13, 2003. The review of Article IV, which covers City elections, resulted in Mr. Nichols pointing out that only wording in Section I would be altered should voters approve the proposed amendment to elect all Council seats at once and lengthen their terms from two to three years. No other changes in this Article were discovered. The review of Article V,which addresses the City Manager,rendered one proposed change and minor typographical corrections. This section currently reads as such: "Section 4-Interference By City Council Prohibited: Neitherthe City Council nor any of its committees or members shall dictate the appointment of any person to, or his removal from, office or employment by the City Manager or any of his subordinates, or in any manner interfere in the appointment of officers and employees in the departments of the administrative service vested in the City Manager by this Charter." Minutes-June 17,2003 Page 3 The proposed amendment would add language to bar the Mayor and Councilmembers from interfering with the City Manager's discipline of employees. The wording would be similar to the following: "Neither the City Council nor any of its committees or members shall dictate the appointment of any person to, his discipline or removal from office or employment by the City Manager or any of his subordinates, or in any manner interfere in the appointment, discipline or removal of officers and employees in the departments of the administrative service vested in the City Manager by this Charter." The discussion then moved to Article VI, which addresses the City's Budget policies. Council proposed presenting voters with one possible amendment to this Article. Section 21 of Article VI currently reads as follows: "Section 21-Five-Year Planning Budget: The Manager shall prepare and submit to the Council on or before April 1, 1987, a five (5) year planning budget to consist of estimated revenues and expenses for the City for each of the next five(5)years.This planning budget shall be revised and extended and presented to the Council on or before April 1 of each year after 1987. (added by amendment 4-5-86)" The proposed amendment to this particular section is: * To completely delete the requirement for a five-year planning budget. Council agreed to complete the Charter review of the remaining Articles of the City's Charter within the next two weeks. • DISCUSS A PROPOSED LICENSE AGREEMENT WITH CROCKETT STREET DEVELOPMENT LTD City Manager Kyle Hayes led City Council into a discussion of a proposed license agreement with Crockett Street Development Ltd. There were two main points of discussion about the proposed licence agreement. The first issue dealt with the closure of Crockett Street between Main and Pearl Streets to motorists. Crockett Street has been closed to motorists since construction began to develop Crockett Street Entertainment District. The proposed agreement stipulates the Development group would be allowed to continue to keep Crockett Street closed off. The company would be required to insure and maintain the property as it currently does. City Manager Kyle Hayes told Council he supported the continued closure of Crockett Street as it made the Entertainment District a more attractive venue. The second issue evolved around amounts the City would received from Crockett Street Development Ltd. when they would close Crockett Street and the adjacent sidewalks for profit-making and non profit events. The City normally charges Minutes-June 17,2003 Page 4 organizations $500.00 to close a City street. The agreement proposed a $250 payment to the City for profit-making events and a $10 payment to the City for non profit events. Council member Ames noted that she and other Council members had received telephone calls from citizens who felt the proposed payment for profit- making events was not enough. However, all Councilmembers expressed their desire to not hamper Crockett Street Development Ltd. from sponsoring such events or stifling further revitalization attempts they are planning. City Council agreed to charge the group 10 percent of proceeds made when they close Crockett Street and the adjacent sidewalks for profit-making events. Council also agreed that no charge would be assessed for nonprofit street closures. Mayor Pro Tern Ames received confirmation that when admission is charged,visitors to the Entertainment District will be allowed access to the restaurants along Crockett Street. Councilmembers comment on various matters Councilmember Smith - None Councilmember Cokinos - None Mayor Pro Tem Ames - None Councilmember Samuel - None Mayor Evelyn Lord explained that an entire review of the City's Charter was being done to have any and all proposed Charter amendments on the ballot for an Election to be held September 13, 2003. Mayor Lord said she had received telephone calls from citizens asking why an election for the proposed changes could not have been in the May 2004 City elections. City Manager Kyle Hayes announced at the request of Councilmember Patterson that a `Neighbors in the Park' event would be held in Sprott Park on Sunday, June 22, 2003 from 3:00 p.m. until 5:00 p.m. and a 'Concert in the Park' would be held the same day from 5:00 p.m. until 9:00 p.m. The concert would be given by the Jazz Innovators and Big Red and the Zydeco Playmakers. He encouraged the public to attend this event. City Attorney Lane Nichols - None Minutes-June 17,2003 Page 5 Public Comments (Persons are limited to three minutes) LeRoy Lewis 7866 Gladys Beaumont, TX Mr. Lewis asked Council to see that more cultural related concerts are brought to the City. He also requested Councilmember Beaulieu to review the need to have utility lights placed along Gladys Street to Tram Road. Mr. Lewis reported overgrown grass and weeds at property located at 495 Major Drive. He also reminded the general public that a deadline was approaching to pay fines if an individual had a warrant in Municipal Court. Earnest Charles 3162 Tyrrell Beaumont, TX Mr. Charles addressed Council about a problem he incurred when he tried to obtain information about his father's automobile that had been towed and retained by Neff Brother's Wrecking Service. Mr. Charles stated his family parked the car on the street in front of the property where his father resided until his death. He stated no correspondence had been received about the automobile being parked or notification it would be removed. Mr. Charles said he noticed the car was gone on yesterday and upon reporting the car stolen, he was informed it had been towed in accordance to City Code. Mr. Charles stated he then went to Neff Brothers for information but was treated in an unprofessional manner. He asked for direction from Council." "Note: Mayor Lord asked City Manager Kyle Hayes to speak with Mr. Charles after Council meeting adjourned. Stephen Boyle 5235 Allen Drive Beaumont, TX Mr. Boyle told Councilmembers he attempted to fish from Collier's Ferry Park this past weekend and was turned away by police. He asked Council to tell him why a citizen was not allowed to fish from the Park." "Note: Mayor Lord asked City Manager Kyle Hayes to speak with Mr. Boyle as well after Council meeting was adjourned. At this point, Councilmember Samuel asked City Manager Hayes to inform him for the sake of other citizens who may also fish from the Park. City Manager Kyle Hayes stated that citizens can fish at the Park. He explained that because of the large number of people and the heavy traffic flow on the parking lot at Collier's Ferry Park over the past year, visitors with boat trailers could not launch their boats. The Police Department stepped in to regulate the main parking lot solely for those persons. Another area for people who want to fish or enjoy the park was designated for such parking. City Manager also reminded citizens that fishing can be done at Riverfront Park. Councilmember Samuel commended the Police Department for the efforts they have made to control the traffic and crowds that often gather at this Park in a citizen friendly manner. He did ask City Manager Kyle Hayes to ask the Police Department to use discretion to allow people without boat trailers to park on the lot Minutes-June 17,2003 Page 6 Audio tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 3:25 p.m. AA vv� Mayor Evelyn L r Susan Henderson, City Clerk Minutes-June 17,2003 Page 7