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MIN AUGUST 12 2003 U 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 Tom Bobbie J. Patterson August 12,2003 Audwin 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 August 12, 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 1:30 p.m. Mayor Lord said the invocation. Mayor Pro Tern Ames led the Pledge of Allegiance. Roll call was also made by Susan Henderson, City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames, Councilmembers Smith, Beaulieu, Cokinos, Samuel, and Patterson. Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Susan Henderson, City Clerk, Tina Broussard, Administrative Assistant. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled General Business Agenda Items 1 through 6, or on the Consent Agenda. None CONSENT AGENDA * Approval of minutes - Minutes of August 5, 2003 * Confirmation of committee appointments - Resolution 03-163 Shaheen Farah would be reappointed to the Historical Landmark Commission. His current term will expire June 23, 2005. (Councilmember Nancy Beaulieu) Dr. Richard LeBlanc would be reappointed to the Convention and Tourism Advisory Committee. His current term will expire July 26, 2005. (Councilmember Andrew P. Cokinos) Councilmember Cokinos moved to approve THE CONSENT AGENDA. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PROTEMAMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. GENERAL BUSINESS 1. Receive the FY 2004 Proposed Budget and schedule a public hearing on the FY 2004 Proposed Budget. Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4 requires Council to schedule a public hearing on the FY 2004 Proposed Budget and authorize the City Clerk to publish the notice of the public hearing. It is recommended that Council schedule a public hearing on September 9, 2003 to review the FY 2004 Proposed Budget. City Manager Kyle Hayes stated the proposed 2004 General Fund Budget is a balanced Budget with revenues covering expenditures without using Fund Balance. Funds are available for a two(2)percent cost of living adjustment for civilian employees and for Police Officers. Fire Personnel will receive a four (4) percent wage adjustment as a result of binding arbitration. A work session is planned for August 19, 2003 to review the various funds in detail. Councilmember Smith moved to approve RESOLUTION 03-164 TO RECEIVE THE FY 2004 PROPOSED BUDGET AND SCHEDULE A PUBLIC HEARING ON THE FY 2004 PROPOSED BUDGET. Councilmember Beaulieu seconded the motion. AYES: MAYORLORD,MAYOR PRO TEM AMES,COU NCILM EMBERS SMITH,BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. Minutes-August 12,2003 2. Consider scheduling a public hearing on the FY 2004 Capital Improvement Program(CIP). The FY 2004 Capital Improvement Program was originally submitted to Council on May 13, 2003. Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the FY 2004 proposed CIP and authorize the City Clerk to publish the notice of the public hearing. Administration recommended that Council schedule a public hearing on September 9, 2003 to review the FY 2004 Capital Improvement Program. Councilmember Beaulieu moved to approve RESOLUTION 03-165 TO CONSIDER SCHEDULING A PUBLIC HEARING ON THE FY 2004 CAPITAL IMPROVEMENT PROGRAM(CIP). Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 3. Consider establishing the proposed 2003 tax rate,take a record vote and schedule a public hearing related to the proposed 2003 tax rate. Administration recommended in accordance with Chapter 26 of the Property Tax Code, if the proposed rate exceeds the lower of the rollback rate ($0.6894) or 103 percent of effective tax rate ($0.6593), the City Council must take a record vote to place the proposal to adopt the rate on the agenda of a future meeting. The current $0.67 tax rate exceeds 103 percent of the effective tax rate of$0.6593 by$0.0107. If the motion passes, a public hearing must be scheduled. Councilmember Smith moved to approve RESOLUTION 03-166 TO CONSIDER ESTABLISHING THE PROPOSED 2003 TAX RATE, TAKE A RECORD VOTE AND SCHEDULE A PUBLIC HEARING RELATED TO THE PROPOSED 2003 TAX RATE. Mayor Pro Tern Ames seconded the motion. A record vote was taken by the City Clerk as follows: MAYOR LORD: AYE COUNCILMEMBER BEAULIEU: AYE MAYOR PRO TEM AMES: AYE COUNCILMEMBER COKINOS: AYE COUNCILMEMBER SMITH: AYE COUNCILMEMBER SAMUEL: AYE COUNCILMEMBER PATTERSON: AYE NAYS: NONE MOTION PASSED. Minutes-August 12,2003 is 4. Consider approving an ordinance establishing the terms of agreement forthe Joint Election between the City of Beaumont and Jefferson County, Texas to be held on September 13, 2003. City Council called a Special Election to present to the voters of Beaumont certain amendments to the City Charter of the City of Beaumont. This election will be held in conjunction with a Special Constitution Amendment Election ordered by the Texas Secretary of State. The City Clerk's office and the Jefferson County Clerk's election division will work co-jointly to hold these elections. Councilmember Beaulieu moved to approve ORDINANCE 03-066 AN ORDINANCE ESTABLISHING THE TERMS OF AGREEMENT FOR THE JOINT ELECTION BETWEEN THE CITY OF BEAUMONT AND JEFFERSON COUNTY, TEXAS TO BE HELD ON SEPTEMBER 13, 2003. Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 5. Consider authorizing the City Manager to terminate the Operation and Maintenance Agreement for the Henry Homberg Golf Course. In 1997, City Council authorized the transfer of an operating and maintenance agreement for the City's municipal golf course, from Mr. Ronald Pfleider to Mr. Thomas A Hebert. Mr. Pfleider,who requested the contract's assignment, had been operating the golf course as an independent contractor since 1982. At the expiration of the agreement's term in 1999, Hebert's agreement was renewed for an additional five (5) year term. At the time the agreement was renewed, Mr. Hebert agreed to make improvements to the golf course, which was then estimated to be$600,000. In order to secure financing for the improvements, a new agreement with Mr. Hebert was approved by Council in July 2000. The new agreement provided for a ten (10) year term, commencing upon the completion of the improvements. With the revised agreement,Mr. Hebert was able to secure financing for the improvements through Hibernia National Bank and the U.S. Small Business Administration. The improvements were completed, accepted by the City and the term of the agreement commenced on December 19, 2001. On May 28, 2003, Mr. Hebert was issued written notification that he was delinquent on his monthly rental payments to the City. At the time of the letter, Hebert had not made any required payments to the City since October 2002, nor had he requested subordination of his rental fees as required by the agreement. He was given thirty (30) days to make restitution on all delinquent payments owed. Mr. Hebert is contractually obligated to pay the City $2,500 per month plus five percent (5%) of gross receipts collected in the operation of the golf course, subject to a minimum annual payment of$60,000. Minutes-August 12,2003 k Mr. Hebert was also notified that his Workers' Compensation had expired, and that his Commercial General Liability Insurance coverage was due to expire at the end of the month. Both coverages are required by the agreement. His liability coverage was renewed but no verification of workers' compensation coverage for his employees has been received. On June 30, 2003, Hebert remitted payments in the amount of$13,545.70 for the months of October, November and December 2002. Because Hebert was still in breach of his agreement with the City and because he would not return calls from staff members, he was contacted by the City Manager and a meeting was scheduled to discuss the remaining deficiencies. After a meeting with Hebert on July 9, 2003, attended by the City Manager and the Central Services Director, a letter summarizing a payment schedule for the delinquent payments, as agreed to by Hebert,was issued. The letter stated that Hebert was to remit his payment for the month of June by July 15, 2003, its normal due date. The outstanding payments were to be remitted in the following manner: 1) On or before August 25, 2003, the $2,500 monthly rental fee must be received for the months delinquent, January through May 2003. 2) On or before October 10, 2003,the remaining rental due (5% of gross receipts)for the months January through May 2003 must be received. Also stipulated was that all future rental payments must be received by the City in accordance with the contract's provisions. He was notified that if he did not comply with the plan or any of the agreement's terms, the City would have no other choice but to terminate his agreement. The letter was sent to Mr. Hebert by Certified Mail on July 10, 2003, with a copy to Hibernia. Mr. Hebert refused to take delivery of the letter until July 19, 2003. At the present time it is estimated that Mr. Hebert owes the City in excess of$22,000.00, Mr. Hebert has made his June payment. We had another meeting with Mr. Hebert, and he has paid the City a little over$12,000.00 which would have been due August 25, 2003. Mr. Hayes recommended that the City Council will authorize that a letter be sent to Mr. Hebert terminating the operating and maintenance agreement with him after a sixty (60) day period commencing today, unless Mr. Hebert meets all of the obligations stipulated in the certified letter dated July 10, 2003. By doing so, if Mr. Hebert does not pay the City the outstanding amounts due and does not make timely payments on August 15, 2003, and September 15, 2003, the City will not be required to wait an additional sixty (60) days to terminate the agreement. Council member Beaulieu moved to approve RESOLUTION 03-167 TO CONSIDER AUTHORIZING THE CITY MANAGER TO TERMINATE THE OPERATION AND MAINTENANCE AGREEMENT FOR THE HENRY HOMBERG GOLF COURSE. Councilmember Patterson seconded the motion. Minutes-August 12,2003 AYES: MAYOR LORD,MAYOR PROTEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON. NAYS: NONE MOTION PASSED. 6. Consider authorizing the City Manager to execute an extension of the Beaumont Community Players' Development and Lease Agreement. Council authorized a Development and Lease Agreement with BCP on August 8, 2000 for the construction and lease of a new community theater located on City-owned property. BCP proposed to raise approximately $1.5M to fund the design and construction of a 13,000 square foot building. The proposed building will seat 250 to 300 patrons in an auditorium-style arrangement. In accordance with the conditions stated in the original agreement, construction was to have commenced within two (2)years after execution of the agreement(August 9, 2000), after which time the right of BCP to use the property terminates. On July 19, 2002, BCP requested an extension to the agreement. This was due to the fact that BCP was in need of more time to raise the then-estimated $2.5M required before building could begin. On July 30, 2002, City Council authorized a one-year extension Agreement with BCP. BCP has again requested an extension of the lease agreement. Several proposals for grants are pending review, and private sector contacts are waiting for a response. Currently, BCP has raised $577,973 .00 in donations for the theater's construction. Mayor Pro Tern Ames moved to approve RESOLUTION 03-168 TO CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTENSION OF THE BEAUMONT COMMUNITY PLAYERS' DEVELOPMENT AND LEASE AGREEMENT. Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. EXECUTIVE SESSION Mayor Lord announced that immediately following the regular scheduled meeting, Council would reconvene for Executive Session to: • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Shyla Johnson Minutes-August*12,2003 COUNCILMEMBER COMMENTS: Councilmember Samuel - None Councilmember Patterson announced that the Night Out Against Crime held on August 5, 2003 was a successful one. She thanked all those citizens who attended for their participation. Councilmember Patterson also thanked the Police Department for the hard work they contributed to the event. Councilmember Patterson also announced that a breakfast would be held at the L. L. Melton YMCA on Saturday, August 16, 2003 to kick off the fund raising events for the annual Tribute to Success Gala held to benefit the L. L. Melton YMCA. Councilmember Patterson also announced that an Open House would be held on August 23, 2003 for the general public at the L. L. Melton YMCA. She stated the anticipated renovations to the gymnasium and fitness center are completed. Councilmember Patterson also reminded the general public that the last day to register to vote for the upcoming September 13,2003 Charter Amendment Election would be August 14, 2003. Mayor Pro Tern Ames also commended the community and the Police Department for success of the Night Out Against Crime event held on Tuesday, August 5, 2003. Councilmember Cokinos - None Councilmember Beaulieu also agreed the Night Out Against Crime was a successful one. Councilmember Smith commended the Police Department and all who worked to make the Night Out Against Crime a successful one. Mayor Lord also agreed the Night Out Against Crime had been a great night. She also commended the work of the neighborhood associations who participated in the event. Mayor Lord also reminded the general public about the upcoming September 13, 2003 Charter Amendment Election. She announced that any citizen could contact the City Clerk's office for additional information or for copies of a sample ballot. PUBLIC COMMENTS (Persons are limited to three minutes) Dr. William O. Boren 8095 San Diego St. Beaumont, TX Dr. Boren appeared before Council concerning a weed abatement charge he received regarding a ditch near his property. Dr. Boren stated that four years ago he was informed this particular ditch was the property of the City and would be cut by the City. Dr. Boren stated he received a letterfrom the City Clean Community's Department in the past month charging him $85.00 for cutting the ditch. Dr. Boren asked for help to establish who owns the ditch and who will be responsible in the future for the maintenance of the ditch. Mayor Lord directed Dr. Boren to speak to Tom Warner, Public Works Director, after Council meeting regarding this matter. Minutes-August 12,2003 Beverly Hickman, president of Beaumont Community Players, Beverly Hickman wanted to publicly thank City Council for extending the Community Player's lease for another year as they continue their endeavors to raise funds for a new theater. Beverly Hickman also wanted to publicly thank the citizens of Beaumont that have helped in their fund raising attempts.. Audio and Video tapes are available upon request in the City Clerk's Office. There being no further business, the meeting recessed for Executive Session at 1:55 p.m. Mayor Evelyn Qpr& Susan Henderson, City Clerk Minutes-August 12,2003