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MIN SEPTEMBER 16 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 Pro Tern Bobbie J. Patterson September 16, 2003 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager The City Council of the City of Beaumont, Texas, met in a regular session on September 16, 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, Recognition and Proclamations Public Comment: Persons may speak on scheduled agenda items Consent Agenda Mayor Evelyn Lord called the meeting to order at 1:30 p.m. The invocation was said by Brenda Warren, Pastor of First Community Church. Mayor Pro Tern Becky Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk's office. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames, Councilmembers Smith, Beaulieu, Cokinos, and Patterson. Councilmember Samuel arrived at 1:33 p.m., also, present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; and Tina Broussard, City Clerk's Office. Proclamations, Presentations and Recognitions Mayor Evelyn Lord read a Proclamation, designating September 17th through September 23rd as Constitution Week in the City of Beaumont. Carleen Fawcett, the Regent and Ida Pyle, a member in very good standing of the daughters of the American Revolution. Ms. Fawcett stated that they appreciated the Mayor issuing the Proclamation as we celebrate this week and remember the heros of the past. Ida Pyle reflected what the Chapter has done. They have tried to take opportunities as this one to do something for the school children and for the community, besides putting public service announcements out and guest editorials in the newspaper; last year the chapter produced a video "An afternoon at the Constitutional Convention" which was designed to peak the school children's interest and perhaps start a unit of study on the Constitution. Also, last year the Constitution was given to 19 elementary schools, as well as private schools, Boy Scout Council and other entities. This year we have given them out to the eighth graders because they are studying the Constitution itself. Ms. Faucett also announced that their chapter won national first place and was proud to announce that Mayor Lord was a member of their Chapter. MINUTES-SEPTEMBER 16,2003 Public Comment: Persons may speak on items listed on the Consent Agenda or on General Business Items No. 3 or No. 4. None Mayor Lord stated that she wanted to point out on the Consent Agenda that the minutes have been amended from August 26, 2003, describing what had been omitted on the first set of minutes that was seen last week. Some things that were stated by the City Manager had been omitted and Council felt that those things omitted should be added. As the Consent Agenda is approved the amended minutes would be approved as well as the Minutes from September 9, 2003. CONSENT AGENDA Approval of minutes - Minutes of September 29, 2003 Confirmation of committee appointments A) Authorize a release of weed liens against property which is described as Lot 5, Block L, Pennock & Potts Addition - RESOLUTION 03-191 B) Approve a Resolution to allow Hibernia National Bank to pledge a security as collateral for City accounts - RESOLUTION 03-192 Councilmember Cokinos moved to approve the Consent Agenda. 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. GENERAL BUSINESS 1. Consider approving an ordinance canvassing the Special City Charter Amendment Election held September 13, 2003 - Ordinance 03-068. Article IV, Section 2, of the City Charter requires that within five days after an election, the Council shall meet and canvass the returns and officially declare the results. This ordinance will canvass the results. Charter Proposition#1 -Related to all Councilmembers and the Mayor being elected at the same election: For 7,802 - 73% Against 2,867 - 27% MINUTES-SEPTEMBER 16,2003 Charter Proposition#2 - Increase the term of all Councilmembers and the Mayor from two to three year: For 4,409 - 41% Against 6,4100 - 59% Charter Proposition #3 - Repealing the requirement for the City Manager to submit a five year planning budget each year. For 5,594 - 54% Against 4,845 - 46% Charter Proposition #4 - Would require a 250,000.00 Surety Bond which protects against financial misconduct by the City Manager be obtained only when directed by the City Council of the City of Beaumont. For 5,754 - 55% Against 4,652 - 45% Charter Proposition #5 - Related to repealing the requirement that the City Manager be responsible for certain assessment and other tax matters that are currently done by other Governmental Entities. For 5,771 - 57% Against 4,442 - 43% Charter Proposition #6 - Related to the Charter being amended to change specific requirements in Article 7 dealing with purchasing and contracting by the City to state that purchasing and contracting will be done in accordance with the Texas Local Government Code. For 7,150 - 71% Against 2,906 - 29% Charter Proposition#7-Remove references to a division of taxation which no longer exist. For 7,722 - 75% Against 2,568 - 25% Charter Proposition#8-Remove references to the City Collector of Taxes which no longer exist. For 7,621 - 74% Against 2,619 - 26% Charter Proposition #9 - States that the City Manager shall appoint the Clerk of Municipal Court rather than the City Clerk so that the appointment would be done like the appointment of other department heads. For 6,734 - 64% Against 3,796 - 36% Charter Proposition #10 - Would remove the reference in Article 14 to a statue that has been repealed and replaced it with reference with transportation code of the State of Texas. For 7,296 - 74% Against 2,579 - 26% Charter Proposition #11 - Would set an upper limit of$100.00 on the value of a gift favor or privilege from a public utility to a City officer or employee. For 6,640 - 64% Against 3,766 - 36% Charter Proposition #12 - Would allow employees of a public utilities which have a franchise from the City of Beaumont to be employed or become officers of the City of Beaumont. For 4,637 - 44% Against 5,788 - 56% MINUTES-SEPTEMBER 16,2003 Charter Proposition#13-Related to Section 18 of Article 17 of the Charter being repealed to remove the method by which the City would transfer Port Properties to a Port District because the transfer had already occurred. For 6,554 - 66% Against 3,358 - 34% Charter Proposition#14-Would remove the requirement that the City relinquish all control overthe Beaumont Independent School District because such relinquishment has already occurred. For 6,694 - 66% Against 3,503 - 34% Charter Proposition#15- Related to Section 23 of Article 17 of the Charter being repealed to remove the procedures which we used afterthe adoption of this original charter because the procedures are no longer needed. For 6,842 - 69% Against 3,040 - 31% Charter Proposition #16 -Would require that instead of being readopted every two years the Comprehensive Plan of the City of Beaumont shall be reviewed and readopted as required by City Council. For 5,357 - 53% Against 4,753 - 47% Charter Proposition #17-Would allow service fees authorizing the City Council to impose fees as necessary to help fund Emergency Medical Services, Transit Services and Street Rehabilitation Projects. For 4,804 - 47% Against 5,443 - 53% Charter Proposition #18 - Would prohibit members of the City Council from interfering in the appointment, removal or discipline of employees under the City Manager's Authority. For 5,676 - 55% Against 4,613 - 45% Charter Proposition #19 - Would recognize that the City of Beaumont has adopted a pension plan for it's employees under the Texas Municipal Retirement System. For 7,884 - 80% Against 1,943 - 20% Councilmember Smith moved to approve ORDINANCE 03-068 APPROVING AN ORDINANCE CANVASSING THE SPECIAL CITY CHARTER AMENDMENT ELECTION HELD SEPTEMBER 13, 2003. Councilmember Cokinos seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. MINUTES-SEPTEMBER 16,2003 2. Consider approving a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District at 1348 Euclid Avenue - ORDINANCE 03-069 subject to the following: 1. Providing the necessary parking. 2. Constructing an 8'tall wood screening fence along the east and west property lines, running from the rear property line to the front edge of the house and waiving the 10' wide landscape strip requirement. 3. Allowing only one 24" x 36" sing in the front yard. Mayor Lord stated that it was her understanding that the Planning Commission voted to do this subject to these provisions and the applicant has since then wished not to do so. Tom Warner responded that the applicant would prefer not to have to put up a fence but it is still the Administration recommendation that it be approved. Mayor Lord asked if Council passes this Ordinance then the applicant must do all three. Mr. Warner responded in the affirmative. Councilmember Beaulieu moved to approve ORDINANCE 03-069APPROVING A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 1348 EUCLID AVENUE. 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 approving a contract for the purchase of passenger and light truck tires - RESOLUTION 03-193 Administration recommends award of an annual contract to Gray's Tire Distributors, Inc. for purchasing passenger and light truck tires, with an estimated total expenditure of $70,531.65. The low bidder, Gray's Wholesle Tire Distributors, Inc., has corporate offices in Fort Worth, but maintains a warehouse facility in Houston which enables the company to meet delivery requirements. The company has been awarded the tire contract for the past two (2)years. The contract provides for the vendor to furnish approximately 1,322 assorted tires at the fixed unit prices. Councilmember Cokinos moved to approve RESOLUTION 03-193 APPROVING A CONTRACT FOR THE PURCHASE OF PASSENGER AND LIGHT TRUCK TIRES. Councilmember Smith seconded the motion. MINUTES-SEPTEMBER 16,2003 AYES: MAYOR LORD, MAYOR PRO TEM AMES, AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 4. Consider amending Chapter 20 of the Code of Ordinances to add a new Section 20-12 to adopt a fee for nonresident usage of the Sterling Pruitt Activity Center. Councilmember Samuel asked that Item #4 be deferred for one week until he can get additional information, particularly a report of the services and programs that are being provided by the Sterling Pruitt Center. He had some very serious concerns that the center was built for the young people, and that the center is not open after six o'clock during the week and is not open on the weekends. Councilmember Samuel stated that he had some serious concerns about what is going on at the Pruitt Center and asked that it be deferred. Mayor Lord deferred Item #4 for one week. There was no Executive Session WORK SESSION - Discuss a proposal for the lease of the Tyrrell Park Stable Facility Mayor Lord Opened the Work Session at 1:35 p.m. The City Manager Kyle Hayes stated the workshop was to discuss the Proposal for the lease of the Tyrrell Park Stable Facility and Kirby Richard the Central Services Director would make the report. Mr. Richard started with a little background. He discussed the most recent history of the stables. In June of 2001 the City entered into an agreement with Jeff Hughes for the development and lease of the stable facility. At that time, or in exchange for a ten year agreement, Mr. Hughes was to make the renovations to what was at that time a very deplorable facility. He was to come in and spend his own money and make improvements. However, Mr. Hughes did not complete all the renovations to all of the facilities. In May of 2002, Mr. Hughes agreement was terminated and the city asked Mr. Hughes to vacate the facility. At that time, Mr. Hughes had spent approximately $100,000.00 to a $125,000.00 in renovations to the facility, but unfortunately he left a debt of about$77,000.00 with creditors in Beaumont. Mr. Hughes made many attempts to finance his creditors but was unable to do so. In October2002, the City settled the claims of four creditors to the tune of about $29,000.00. The City made an additional $18,000.00 worth of improvements. In August of this year, two companies presented proposals to the City of Beaumont for the use of the facility. Mr. Richard stated a review committee was put together which consisted of himself,the Parks Manager,the Purchasing Manager and the Finance Officer. The proposals were reviewed by the committee to determine who was the best to present to council for consideration. At the conclusion of the review, the committee determined that the proposal presented by Brian and Bridgette Markland was in the best interest to the City. Mr. Richard introduced the Marklands to Council. MINUTES-SEPTEMBER 16,2003 Brian and Bridgette Markland introduced themselves and gave Council background information on where they were previously from, and were prepared to answer any questions that Council may have. Councilmember Patterson stated that she had a few concerns, and stated that she can appreciate what they want to do, because she would like to see more recreational and equestrian activities taking place at the facility in Tyrrell Park. Councilmember Patterson stated that in light of the fact that"we have been burnt badly"and the city ended up spending more money than it should have, the amount of $77,000.00, and additional improvements were also done for approximately $15,00.00, and in looking at the Marklands proposal,Councilmember Patterson is concerned with the fact that the proposal is asking to lease the facility and not pay anything until the seventh month of the agreement, and not paying 5%of gross receipts until they have been there one year. Councilmember Patterson also expressed concerns that if things aren't working out the way the Marklands feel that it should after six months, is the city going to be left with a bill again? Councilmember Smith stated that Mr. Hughes did not lose a lot of money in the facility, and stated that a lot of money was in fact put into the barn, and that he did quality work and she was sorry that he was not able to carry out his plan, and that Mr. Hughes did good work and that it did not cost the city very much. Councilmember Smith stated that she realized what the Marklands are up against and that they do need a few months not to have to pay rent and try to get the business going. She also stated that she was all for them and that she feels that they will enjoy living out there. Councilmember Beaulieu stated that she had read every word of the Marklands proposal and that she was fascinated with all of their ideas for developing, families using the facility, and the birthday parties. Councilmember Beaulieu stated that she also had a question concerning who would be keeping the books straight and pay the bills, also if they had a system in place? She also stated that after seeing businesses come and go, it is very key to have a system and safeguards in place so that they would know where their cash flow is. Councilmember Beaulieu wished the Marklands well. Mayor Pro Tern Ames wished the Marklands good luck and stated that she also had read the information in their proposal and was very impressed with it. Mayor Pro Tern Ames expressed her concerns about the previous owner's large investment and that the city would loose that investment if something was not done speedily. She stated that she did not have a problem with their proposal of not paying for the first part because she wanted them to be successful and that she understands that there are things that need to be done. She also expressed her happiness with their helping the city to protect their investment in Tyrrell Park and that she will do whatever she can to help. Councilmember Samuel stated to the Marklands that he did read their proposal and that he concurs with Mayor Pro Tern Ames in that to protect the investment that has been made, the city must get someone in. He also stated that he feels very comfortable in foregoing the proceeds in the first year and foregoing the rent for the first portion of the lease, because there is no profit expected in the first year of a small business or in a family business. AUDIO TAPES ARE AVAILABLE IN THE CITY CLERK'S OFFICE. MINUTES-SEPTEMBER 16,2003 COLINCILMEMBER COMMENTS: COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - NONE CITY MANAGER KYLES HAYES - NONE MAYOR LORD - NONE COUNCILMEMBER SAMUEL STATED THAT HE HAD SEVERAL THINGS, THE FIRST THING WAS DIRECTED TO THE CITY MANAGER,CONCERNING AN ON GOING WATER LEAK IN THE 2200 BLOCK OF BEATRICE STREET AND THAT HE WOULD LIKE TO HAVE SOMEONE LOOK INTO THE PROBLEM. COUNCILMEMBER SAMUEL ALSO SPOKE ON HIS CONCERNS WITH THE STERLING PRUITT CENTER. COUNCILMEMBER SAMUEL STATED THAT HE IS APPALLED AT THE LACK OF THESE PROGRAMS AND WOULD LIKE TO GET A REPORT OF WHAT IS BEING DONE AT THE STERLING PRUITT CENTER. COUNCILMEMBER PATTERSON-STATED THAT FIRST OF ALL SHE IS VERY PROUD THAT WE DO LIVE IN A CITY THAT CAN PROVIDE SEVERAL LIBRARIES, ONE IN ALMOST EVERY QUADRANT OF THE CITY. SHE IS VERY PROUD OF THE THEODORE JOHNS LIBRARY. COUNCILMEMBER PATTERSON ALSO EXPRESSED SOME CONCERNS ON THE USAGE,TIME AND DATES OF THE COMMUNITY ROOM AT THE THEODORE JOHNS LIBRARY. Public Comments (Persons are limited to three minutes) Cary Avery 5040 Chambers Beaumont, TX Mr. Avery discussed various religious matters. Georgine Guillory 3690 S. 11th Beaumont, TX I am glad to see that we have the horse stables off and running. I am a member of the Alpha Omega Omega Chapter of Alpha Kappa Alpha which is a sorority locally here in Beaumont, the sorority has used the Library and we do hope that Council would continue to allow us to meet especially on Saturdays, because that is when we have our meetings. Also Ms. Guillory thanked Council for working with Bridgette and Bryan Markland on the horse stables. MINUTES-SEPTEMBER 16,2003 Jackie Spivey 5620 Helbig Rd. Beaumont, TX Ms. Spivey addressed Council concerning grass cutting. Audio tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 2:49 p.m. \rIPA-�A I Mayor Evely Lord Xz/,;�6Q Ci y Cle s Office Minutes-September 16, 2003