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MIN SEPTEMBER 23 2003 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 Tern Bobbie J. Patterson September 23,2003 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 23, 2003, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:31 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. Rev. Rayfield Walker, of West Tabernacle Baptist Church said the invocation. City Attorney Lane Nichols led the Pledge of Allegiance. Roll call was also made by Betty Braxton, Deputy City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames, Councilmembers Beaulieu, Cokinos,and Patterson, Council member Samuel arrived at 1:40 p.m.,Councilmember Smith was absent from the meeting. Also, present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Betty Braxton, Deputy City Clerk. Proclamations, Presentations, Recognitions Mayor Lord read a Proclamation recognizing Sunday, September 28, 2003 as a day that has been set aside as Pray Beaumont Day, to pray for the spiritual and natural prosperity and well being of the city. Every church in the city was asked to set aside a time that Sunday morning to pray for the city, its' leaders, churches, and schools. In conjunction with Pray Beaumont Day, churches from around the citywill join together in a Prayer Drive, encircling the city with prayer, starting at 3:30 p.m. from the Southeast Texas Entertainment Complex . Mayor Lord commended the Clergy of the city for their loving efforts to pray for the city and the people. Pastor Donnie Flippo, from Gospel Center Church, and Pastor Anthony Brawley, of the Quantum Omega Star Church received the Proclamation. Public Comment: Persons may speak on scheduled General Business Agenda Items 8 through 13 or on the Consent Agenda. MINUTES-SEPTEMBER 23,2003 Roberto Flores 2425 Buchanan Beaumont, TX Mr. Flores addressed Council concerning items number 10 and 13. Mr. Flores expressed his thoughts on the fees at the Sterling Pruitt Center, also his concerns with extended hours, and what would be the cost to the city. Mr. Flores expressed his concerns with the new ownership of Tyrrell Park, such as financing, and the stability of the new owners. Charlotte Fontenot 1380 Woodpark Beaumont, TX Suburban TV 3145 Calder Beaumont, TX Ms. Fontenot addressed Council concerning the wiring, etc. done to the Tyrrell Park Stables, in the amount of$7300.00, for which she has not been compensated for. Ms. Fontenot requested that the city pay$4389.00,which represents a reduction of 40%of the work done on Tyrrell Park Stables. Frank Rogers 220 West Oak Winnie, TX Big R Enterprises P.O. Box 33 Stowell, TX Mr. Rogers addressed Council concerning the reconstruction work he performed at the Tyrrell Park Stables, and from the Original amount of the $48,000.00 contract with Mr. Hughes, there is an amount of$15,644.36 still owed to him. Mr. Rogers requested that the city pay$9,384.62,which is a 40% reduction of the work and balance owed from Tyrrell Park. Glen Stanley 285 Vernon Vidor, TX Glenn's Custom Cabinets 285 Vernon Vidor, TX Mr. Stanley stated to Council that he had performed work at Tyrrell Park Stables, and that he has an unpaid balance of$4,640.00, Mr. Stanley also stated that he would be willing to accept one half of that amount totaling $2,320.00 on this outstanding balance. Mayor Lord entered into the record, a correction to be made to the September 9, 2003 Minutes. CONSENT AGENDA Approval of minutes - Minutes of September 16, 2003 Confirmation of committee appointments - None Minutes-September 23,2003 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. GENERAL BUSINESS 1. Consider adopting the FY 2004 Budget. Article VI, Section 8 of the City Charter requires that " the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Proposed appropriation for all funds, net of contingency, totals $153,673,900.00. Administration recommended that Council adopt the FY 2004 Budget as submitted to Council on August 12, 2003. Councilmember Cokinos moved to approve ORDINANCE03-070 TO CONSIDER ADOPTING THE FY 2004 BUDGET. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 2. Consider adopting the FY 2004 Capital Improvement Program (CIP)- Resolution 03-194 Article VI, Section 20 states that "the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the twenty- seventh (27th) day of the last month of the current fiscal year." The Capital Program was submitted to Council on May 13, 2003 and reviewed at a public hearing held on September 9, 2003. Administration recommended that Council adopt the FY 2004 CIP as reviewed at a public hearing on September 9, 2003. Cou n cil member Beaulieu moved to approve Resolution 03-194 TO CONSIDER ADOPTING THE FY 2004 CAPITAL IMPROVEMENT PROGRAM (CIP). Councilmember Cokinos seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Minutes-September 23,2003 3. Consider adopting a property tax rate of $0.67 for the 2003 tax year (FY 2004) - Ordinance 03-071 Administration recommended that Council accept the Jefferson CountyAppraisal District's Certified Tax Roll and adopt a property tax rate of$0.67 for the tax year 2003 (FY 2004). The tax rate would be apportioned $0.36 to the General Fund and $0.31 to the Debt Service Fund. This distribution represents a shift of$0.015 from the rate dedicated to the Debt Service Fund to the General Fund. Councilmember Cokinos moved to approve ORDINANCE NO.03-071 TO CONSIDER ADOPTING A PROPERTY TAX RATE OF $0.67 FOR THE 2003 TAX YEAR (FY 2004). Councilmember Patterson seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 4. Consider approving a request for a specific use permit to allow a retail business and related parking and service drives in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at the northwest corner of Dowlen Road and Delaware Street - Ordinance 03-072 Adams Consulting Engineers, the applicant, is requesting a specific use permit to allow a 100,000 sq. ft. retail building with related parking and service drives on an 11.35 acre tract of land at the northwest corner of Dowlen Road and Delaware. This phase is part of an overall development that will include a 93,000 sq. ft. HEB store and an additional 50,000 sq. ft. of retail space. At a joint public hearing held September 15, 2003, the Planning Commission voted 8:0 to approve this specific use permit subject to providing a minimun of a 10 ft. wide landscape buffer along the south 340 ft. plus or minus of the west property line, that the major tenant building not exceed one story in height, permitted uses be restricted to SIC code 56 and 57 (Standard Industrial Classification Code), all ingress and egress of eighteen wheeler traffic be limited to the west side of the property, and lighting be controlled down lighting. Administration recommended approval. Mayor Pro Tern Ames moved to approve ORDINANCE 03-072 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL BUSINESS AND RELATED PARKING SERVICE DRIVES IN A GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT AT THE NORTHWEST CORNER OF DOWLEN ROAD AND DELAWARE STREET. Councilmember Cokinos seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBER BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. Minutes-September 23,2003 5. Consider approving a request for a specific use permit to allow a parking lot in an NC (Neighborhood Commercial) District at 4020 Park Street - Ordinance 03-073 Roosevelt Frank, the property owner, and others have been parking their commercial trucks on his property located at Park and Harriot. Approximately six years ago, Mr. Frank and others were cited for parking their commercial vehicles in their residential neighborhoods. At that time, Mr. Frank explained to staff that they used to park their vehicles at the Petro Truck Stop but their vehicles were being vandalized. Recently, the City received a citizen complaint about the trucks parking at this site. As a result, staff looked at the current situation and determined that a specific use permit is required. Therefore, Mr. Frank brought in his application for the September 15th, 2003 Public Hearing. At the Joint Public Hearing held September 15, 2003, the Planning Commission voted 8:0 to approve the request for a specific use permit to allow a parking lot in an NC District at 4020 Park Street subject to providing a 6'wide landscape buffer along the north and west property lines with a modification to the landscaping requirements along the south property line, a waiver of the requirement for the 8' tall wood screening fence along the south property line, limiting the number of trucks parked to 5 trucks, hours of operation from 7 a.m. to 6 p.m. and subject property be used for truck parking only (minimal maintenance on permitted trucks allowed). Councilmember Patterson moved to approve ORDINANCE 03-073 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PARKING LOT IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 4020 PARK STREET. Councilmember Samuel seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 6. Consider approving a request for a zone change from RM-M (Residential Multiple Family Dwelling-Medium Density) and GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling)District forthe property at 8550 Old Voth Road - Ordinance 03-074 Gary Stark,the property owner, is requesting this zone change so that he may sell this tract of land to another individual for single family development. Mr. Stark built a business location for Allied Elevator of Beaumont on the eastern half of the property. Someone has come to him asking to buy the western half of the property for the purpose of constructing their home. There have been a number of re- zonings to RS along the east side of Old Voth Road. Minutes-September 23,2003 At a Joint Public Hearing held September 15, 2003, the Planning Commission voted 8:0 to approve the request. Councilmember Beaulieu moved to approve ORDINANCE 03-074 ENTITLED AN ORDINANCE GRANTING A REQUEST FOR A ZONE CHANGE FROM RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) AND GC-MD (GENREAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR THE PROPERTY AT 8550 OLD VOTH ROAD. Councilmember Cokinos seconded the motion AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 7. Consider approving a request for a specific use permit to allow a transitional housing (residential care) facility in an RCR (Residential Conservation and Revitalization) District at 1616 Sabine Pass - Ordinance 03-075 Statewide Consolidated Community Development Corporation is proposing to open and operate a transitional housing facility at 1616 Sabine Pass. Statewide is a private non- profit, tax-exempt, charitable organization which helps low and moderate income individuals and families with their housing needs. Statewide proposes to renovate the building located at 1616 Sabine Pass. This building formerly housed the Salvation Army. The facility will be used to house up to 40 male and female disabled individuals who are in transition. Individuals will be responsible for their own living expenses because they are supported through local and state assistance programs. The building is to be totally renovated and landscaped. Residents will receive personal individualized care and assistance on a daily basis. At a Joint Public Hearing held September 15, 2003, the Planning Commission voted 8:0 to approve the specific use permit subject to revising the site plan to reflect the moving of the south curb cut for the curved drive 10 feet from the south property line, the facility will not house sex offenders or persons with felony convictions involving serious bodily injury and with a maximum capacity of 40 persons. Councilmember Samuel moved to approve ORDINANCE 03-075 WITH THE STIPULATION STATED BY THE PLANNING COMMISSION. ENTITLED AN ORDINANCE GRANTING A REQUEST FOR ASPECIFIC USE PERMIT TO ALLOW A TRANSITIONAL HOUSING (RESIDENTIAL CARE) FACILITY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 1616 SABINE PASS. Councilmember Patterson seconded the motion. Minutes-September 23,2003 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 8. Consider approving a request to abandon Vermont Avenue from a point approximately 125' west of M.L. King Parkway west to Union Pacific Railroad right-of-way - Ordinance 03-076 Mobil Pipeline Company would like to abandon a 260' portion of Vermont Avenue so that it may restrict public access to its existing pipelines and facilities. All lots adjoining this portion of Vermont are owned by Mobil Pipeline Company. This item was sent to all interested parties. No objections were received. At a Regular Meeting held September 15, 2003, the Planning Commission voted 8:0 to approve the abandonment request. Councilmember Samuel moved to approve ORDINANCE 03-076 ENTITLED AN ORDINANCE APPROVING A REQUEST TO ABANDON VERMONT AVENUE FROM A POINT APPROXIMATELY 125' WEST OF M.L. KING PARKWAY WEST TO UNION PACIFIC RAILROAD RIGHT-OF-WAY. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 9. Consider authorizing the City Manager to execute a labor agreement with the International Association of Firefighters Local 399 - Resolution 03-195 The City and Local 399 were unable to negotiate a labor agreement to replace the one that expired September 30, 2001. In accordance with the impasse procedure in such contract, an arbitration proceeding was commenced and the arbitration panel entered an award on all contested issues. Local 399 sued in an attempt to change the award as it related to payment for health insurance. The award said that premiums for dependent coverage would be limited to an increase of $15 per month for each of the four years of the Collective Bargaining Agreement. The Local wanted the $15 increase to be tied to increases in civilian health insurance rates. The court found that it had no jurisdiction to amend the award, and ordered that the award be enforced as written. With that issue at rest, the parties are in a position to execute a new labor agreement. Minutes-September 23,2003 It was recommended that Council authorize the Manager to execute an agreement with the Union for the period of October 1, 2001 through September 30, 2005. COuncilmember Cokinos moved to approve RESOLUTION 03-195 AUTHORIZING THE CITY MANAGER TO EXECUTE A LABOR AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 399. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBER BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. Councilmember Beaulieu questioned whether Council would be allowed to see the contract, she stated that she was concerned with the wage benefit settled on. City Manager Kyle Hayes explained some of the particulars in the contract, and stated that he could furnish a copy after printing. 10. Consider authorizing the City Manager to execute a lease agreement for Tyrrell Park Stables facility - Resolution 03-196 Administration recommended authorizing a five (5) year lease agreement with Bryan and Bridgette Markland for rental of the Tyrrell Park Stables facility. The Marklands are proposing a five (5) year lease agreement, with an option for an additional five (5)year term for the equestrian facility. They plan to provide horse rentals, boarding and riding lessons for the public. Most of the proposed contract requirements are the same as those approved when the City entered into an agreement with Jeff Hughes, including the insurance requirements. Because there are significant expenses associated with the start-up of a new business,the Marklands have proposed that a rental fee of $500 per month not commence until the seventh (7th) month of agreement. In addition to the monthly rental fee, they agree to pay the City 5% of gross receipts collected after the twelfth (12th) month. The City would still be responsible for maintaining the structural integrity of the stable facilities and providing grounds maintenance. After the first year, the Marklands will be responsible for mowing and grounds maintenance. Minor improvements and general maintenance are to be provided by tenants. The house at the facility would be used as the Marklands' residence. If approved,the agreement will commence on October 1,2003. The Marklands must begin equestrian activities at the stable facility within four (4) months of the contract commencement date, or February 1, 2004. Minutes-September 23,2003 Councilmember Patterson moved to approve RESOLUTION 03-196 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR TYRRELL PARK STABLES FACILITY. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 11. Consider approving a bid for the purchase and installation of a fire alarm system for the Julie Rogers Theater- Resolution 03-197 Administration recommended award of a bid for the purchase and installation of a fire alarm system in the amount of $75,000.00 to Guardian Force Security Services of Beaumont. The fire alarm upgrade will replace the system which has been in service since 1982, and will significantly enhance the effectiveness and reliability of the system. This unit will communicate with the alarm monitoring company under contract with the City through a dedicated phone line. The system will have a battery backup in the event of a power disruption. Funds are available for this expenditure in the Capital Improvement Program. Councilmember Cokinos moved to approve RESOLUTION 03-197 APPROVING A BID FOR THE PURCHASE AND INSTALLATION OF A FIRE ALARM SYSTEM FOR THE JULIE ROGERS THEATRE. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 12. Consider authorizing the City of Beaumont to participate with other cities in intervening in Entergy-Gulf States various fuel reconciliation,fuel factorand fuel surcharge/refund cases filed at the Public Utility Commission in 2003 - Resolution 03-198 City Attorney Lane Nichols explained to Council that on September 8, 2003, Entergy-Gulf States, Inc., filed a fuel surcharge case, requesting $87.3 million to be surcharged over a 12 month period commencing in January, 2004. In 2002 the Council passed a resolution Minutes-September 23,2003 authorizing the City to intervene in various rate and fuel matters that were filed by the company. Mr. Nichols stated that this resolution would authorize the same kind of action for the year 2003. Mr. Nichols also, stated that there are items in the case that need to be observed more carefully than a normal fuel case, and perhaps encourage a fuel reconciliation case. This would only authorize the city to join with other cities in intervening in various rate matters associated with filings by Entergy-Gulf States in this calender year. Councilmember Beaulieu had a question regarding the Pilot Project, if this project is supposed to help deregulation? Mr. Nichols explained the purpose of the Pilot Project to Council. Councilmember Cokinos asked the names of the cities in the coalition of cities. Mr. Nichols named various cities in the coalition. Mayor Pro Tern Ames moved to approve RESOLUTION 03-198 AUTHORIZING THE CITY OF BEAUMONT TO PARTICIPATE WITH OTHER CITIES IN INTERVENING IN ENTERGY-GULF STATES VARIOUS FUEL RECONCILIATION, FUEL FACTOR AND FUEL SURCHARGE/REFUND CASES FILED AT THE PUBLIC UTILITY COMMISSION IN 2003 -Councilmember Samuel seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 13. 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-Ordinance 03-077 Administration recommended that a fee of $5.00 per usage be charged for nonresident usage of the Sterling Pruitt Center and that a nonresident fee of $10.00 per month be charged for children under the age of 18 years. Citizens of Beaumont should have the first priority for usage of the Sterling Pruitt Activity Center. A Photo Identification Card will be requested for each user to verify their home address. Fees charged by other physical fitness facilities for nonmembers are as follows: Workout Studio and Ms. Workout Studio - $9.00 a visit; World Gym - $10.00 a visit; and Melton YMCA - $10.00 a visit. Councilmember Samuel stated that he had in fact received the report concerning the Sterling Pruitt Center, and that he was still somewhat displeased with some of the things that he saw. Councilmember Samuel also stated that after speaking with the Manager, he feels that some of those things can be resolved, he also requested that the $10.00 nonresident fee for children under the age of 18 years be dismissed. Councilmember Minutes-September 23,2003 I Samuel stated that he is concerned that the center is for the utilization of the children in the area,and feels that taxing children under 18 would be defeating the purpose for which the center was built, which was to get them off of the street and get them into a location where there can be good wholesome activities. He feels that the $10.00 fee would be detrimental to our efforts in trying to do that. Councilmember Samuel stated that there was no one that could justify that there is a problem with nonresidents at the Center, he also stated that he had no problem with the adult usage fee of$5.00 for nonresidents. City Manager Kyle Hayes stated that it would not be a problem to dismiss the $10.00 nonresident fee for children under the age of 18 years of age. Councilmember Beaulieu asked the question, should an adult that pays the fee bring a child with them, should that child not pay the fee? Councilmember Beaulieu also wanted to know if the fees would be used to fund activities at the Center, and stated that she would like to see the funds used to pay for extended hours. Councilmember Samuel replied that he opposes any fee for young people. Mayor Pro Tern Ames wanted the fees clarified, and stated that she felt that the older adults should be charged a fee, she also commented on the hours of operation. City Manager Kyle Hayes addressed the Councils concerns. Councilmember Patterson asked if the matter of extended hours had been resolved, and how the staff would be utilized? Councilmember Patterson also stated that the recommendation would have to be amended, and a fee of$5.00 per usage be charged for nonresident adults, and disregard the other fees, this was just a suggestion. Councilmember Samuel expressed his concerns in reference to a memo received by Council, addressing hours of operation, and restricted usage, he also stated he was pleasantly pleased with his conversation with the City Manager, in his efforts to solve the problems at the Sterling Pruitt Center. Councilmember Samuel moved to approve ORDINANCE 03-077 with the exception that the nonresident fee for children under the age of 18 be removed. 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. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. Minutes-September 23,2003 PUBLIC HEARING • CONDUCT A PUBLIC HEARING REGARDING THE ACCEPTANCE AND APPLICATION OF FY2004 STATE PUBLIC TRANSPORTATION FUNDS FOR THE BEAUMONT MUNICIPAL TRANSIT SYSTEM Mayor Lord declared the Public Hearing open at 2:32 p.m. Frank Kiefer 3190 Willow Wood Beaumont, TX Mr. Kiefer addressed City Manager Kyle Hayes, in reference to CNG Powered Busses being put into operation. Mayor Lord closed the Public Hearing at 2:37 p.m. as no other citizen came forward with comments. WORK SESSION • REVIEW A PROPOSAL TO ADOPT NEW BUILDING CODES Don Burrell, Chief Building Official discussed the adoption of new building codes. Councilmember Patterson has questions concerning the amendments to some of the building codes. AUDIO TAPES ARE AVAILABLE IN THE CITY CLERK'S OFFICE. COUNCILMEMBER COMMENTS CITY MANAGER KYLE HAYES COMMENTED THAT HE HAD A GOOD CONVERSATION WITH COUNCILMEMBER PATTERSON RELATING TO THE MEETING ROOM AT THE THEODORE JOHNS LIBRARY. COUNCILMEMBER BEAULIEU COMMENTED THAT FOR THE SHORT TIME THAT SHE HAS BEEN ON COUNCIL, THE CITY MANAGER IS VERY APPROACHABLE ON ISSUES, AND STATED THAT SHE RECEIVED A COMPLEMENT CONCERNING THE CITY'S PROMPT RESPONSE TO A PROBLEM. COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER SAMUEL STATED THAT HE HAD RECEIVED SEVERAL CALLS CONCERNING DRAINAGE PROBLEMS AT 5710 HELBIG RD., AND STANDING WATER IN A DITCH ON FULTON BETWEEN BROOKLYN AND LEE STREETS. COUNCILMEMBER SAMUEL ASKED THAT THE PROBLEMS BE LOOKED INTO AND REPLY TO HIM OF THE FINDINGS. Minutes-September 23,2003 COUNCILMEMBER PATTERSON ANNOUNCED THAT THE SOUTH PARK NEIGHBORHOOD ASSOCIATION WILL MEET THURSDAY,SEPTEMBER 25,2003 AT 6:30 P.M.AT THE SOUTH PARK BAPTIST CHURCH. COUNCILMEMBER PATTERSON ALSO WANTED AN UPDATE ON THE PROGRESS OF THE DRAINAGE ON PARRISH STREET. COUNCILMEMBER PATTERSON ALSO STATED THAT IT WAS BROUGHT TO HER ATTENTION THAT THERE ARE SOME UNDESIRABLE ACTIVITIES HAPPENING IN THE TYRRELL PARK AREA,AND SHE WOULD LIKE TO MEET WITH THE CITY MANAGER AND THE POLICE DEPARTMENT TO INVESTIGATE THESE ALLEGATIONS. CITY ATTORNEY LANE NICHOLS - NONE MAYOR EVELYN LORD COMMENTED THAT SHE AND THE CITY MANAGER HAD THE OPPORTUNITY TO GO TO HOUSTON TO SEE THE CITY OF BEAUMONTS' SWAT TEAM IN COMPETITION WITH TWENTY NINE(29)OTHER CITIES ACROSS THE STATE,AND THAT SHE IS VERY PROUD OF THEM AND INVITED THEM TO COME TO COUNCIL NEXT WEEK. Public Comments (Persons are limited to three minutes) Allen Birch 4610 Barton Lane Beaumont, TX Mr. Birch addressed Council concerning the increase in the tax rate. Effie A. Lathan 902 Sun Meadow Dr. Beaumont, TX Ms. Lathan addressed Council concerning her club meetings at the Johns Library. Frank Kiefer 3190 Willow Wood Beaumont, TX Mr. Kiefer addressed Council on behalf of his neighbor at 3220 Willow Wood, concerning the city removing concrete from an old driveway. Cary Avery 5040 Chamberlain Beaumont, TX Mr. Avery addressed Council concerning various religious matters. Leroy Lewis, 111 7866 Gladys Beaumont, TX Mr. Lewis spoke to Council on various concerns that he has throughout the City. Minutes-September 23,2003 David Corbello 418 West Pine shadow Sour Lake, TX Mr. Corbello, representing Cardinal Glass, addressed Council concerning monies owed to them for work performed at the Tyrrell Park Stables. Stanley Briers 219 Whispering Oaks Taylor Lake Village, TX Mr. Briers, representing the Plumbing, Air Conditioning, and Mechanical Contractors Association of Texas, in reference to the Council keeping the Uniform Plumbing Code. Allen Inlow 3913 Old Lee Hwy. Fairfax Virginia Mr. Inlow addressed Council concerning the uniform Plumbing and the uniform Mechanical Code, and asked that Council re-evaluate the entire code package. Calvin Speight 911 McCaleb Houston, TX Mr. Speight, representing the Houston-Beaumont area Joint Plumbing Apprenticeship, addressed Council on Keeping the Uniform Plumbing Code. Roberto Flores 2425 Buchanan Beaumont, TX Mr. Flores addressed Council concerning the replacement of the City Clerk, and the low circulation at the Johns Library. Joe Arabie 7515 Willow Oak Baytown, TX Mr. Arabie, representing the Sabine Area Building Construction Trades Council, the Mechanical Trades, and the Plumbing Trades, addressed Council concerning representation of all the Trades on the Board that governs Codes. John Lewis 2950S. 8 th Beaumont, TX Mr. Lewis addressed Council concerning the lack of Pastors in attendance at City Council Meetings. Rev. Tory Doucette 3110 Elinor Beaumont, TX Rev. Doucette commended Council for a job well done. Minutes-September 23,2003 Caroll Pruitt 6705 Hwy. 290 West Austin, TX Mr. Pruitt, representing the International Code Council, addressed Council explaining the process of the International Code Council. Archie Gamble 2388 St. Anthony Beaumont, Tx Mr. Gamble addressed Council expressing his concerns about the 18 wheelers blocking the streets in the Charlton Pollard Neighborhood,and the combustible material at the lay-down yard at Modern, Inc. Mr. Gamble also thanked Mayor Lord and City Manager Kyle Hayes for attending the ceremony that was held on the grant resource. Audio tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 3:40 p.m. '2 V JA�A Mayor rvelyn ord dQil.� City Clerk' ice Minutes-September 23,2003