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MIN JAN 11 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 January 11,2005 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 January 11,2005,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 2-6/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Judy Kelfstrom of the Salvation Army gave the invocation. City Attorney, Tyrone Cooper led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Lord,Councilmembers Smith,Beaulieu,Cokinos, Patterson and Samuel. Absent: Mayor Pro Tern Ames. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions Jennett Toyjanova-an exchange studentfrom Ashagabat,Turkmenistan who is staying with her host family, Mr. and Mrs. Tiller while attending Westbrook High School "Tsunami Victims"-Proclamation read by Mayor Lord; accepted by American Red Cross representative Tim St. Peter; Salvation Army representative Judy Kelfstrom; Indian Association of Southeast Texas representative Dr. Chaudhury; Habitat for Humanity representative Uliana Trylowsky, Executive Director; and Jessie Doiron, Lamar Faculty Advisor,and students Sandee Gaundi,Executive Vice President and Bindu Gaddam,Public Relations officer as representatives for the Friends of India Association Public Comment: Persons may speak on scheduled agenda items 2-6/Consent Agenda. Roberto C. Flores, Sr. 2425 Buchanan Beaumont TX Committee Appointments:Concerned with the committee member appointments and the need for criteria for future appointments Minutes-January 11,2005 CONSENT AGENDA Approval of minutes - January 4, 2005 Confirmation of committee appointments - Resolution 05-009 Glenn Bodwin would be reappointed to the Planning Commission. The current term would expire August 31, 298 2008. (Councilmember Audwin Samuel) Glenn Bodwin would be appointed as Chairman of the Planning Commission. The term would commence January 11, 2005 and expire January 10, 2006. (Mayor Evelyn M. Lord) Miriam Johnson would be reappointed to the Convention and Tourism Advisory Committee. The current term would expire December 2, 20 2007. (Mayor Pro-Tem Becky Ames) A) Approve a contract for plumbing services for City facilities - Resolution 05-010 Councilmember Cokinos moved to approve the Consent Agenda with corrections in the terms of appointees. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider amending the Zoning Ordinance,Section 30-24B, Permitted Use Table,and Section 30-33,Special Conditions,to prohibit cellular telephone transmission towers within 200' of residentially zoned property- Ordinance 05-010 Administration recommended approval of an amendment to the Zoning Ordinance, Section 30-24B, Permitted Use Table, and Section 30-33, Special Conditions, to prohibit cellular telephone transmission towers within 200' of residentially zoned property. Due to the proliferation of cellular telephone transmission towers and the controversy thatthese towers have created when locating near residential areas,staff is requesting that an amendment be made to prohibit the construction of such towers when within 200' of residentially zoned properties. The Zoning Ordinance would be amended as follows: 1) Sec. 30-24 B: Permitted Use Table: Page 2 of 8 Minutes-January 11,2005 Radio, Television, Microwave and Cellular Telephone Transmission Towers - Add a Special Condition 24 2) Sec. 30-33 (b) 24 24. Cellular Telephone Transmission Towers shall be prohibited within two hundred (200)feet of a residentially zoned property. The method of measuring the distance between the cellular telephone transmission tower and the residential zoning district shall be from the nearest lease or property line of the cellular telephone transmission tower facility to the nearest residential district boundary. At a Joint Public Hearing held December 20,2004,the Planning Commission's motion to approve an amendment to the Zoning Ordinance,Section 30-24B, Permitted Use Table, and Section 30-33, Special Conditions, to prohibit cellular telephone transmission towers within 200' of residentially zoned property failed 2:7. Councilmember Smith moved to ADOPT ORDINANCE 05-010 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, ARTICLE II, SECTION 30-2413, PERMITTED USE TABLE AND SECTION 30-33, SPECIAL CONDITIONS, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A SPECIAL CONDITION 24; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Cokinos seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider approving the purchase of one(1)articulated dump truckforuse atthe City's Landfill - Resolution 05-011 Administration recommended the purchase of one(1)articulated off-road dump truck for the Public Works Department, Solid Waste Landfill Division, through the Texas Association of School Boards (TASB) Buyboard cooperative purchasing program. The Texas Local Government Purchasing Cooprative, administered by TASB, complies with all state bidding statutes. Membership with Buyboard allows municipalities to purchase items from their contracted vendors. An articulated off-road dump truck is used to transport covered material from one preliminary cell location to a finished cell location. Due to the uneven terrain which includes very steep slopes and muddy soil, an articulated off-road dump truck is necessary. Page 3 of 8 Minutes-January 11,2005 Currently the City owns two(2) 1984 and one(1)1990 Caterpillar DJB articulated off- road dump trucks that are in daily use at the Landfill. One of the 1984 models,will be replaced with this purchase. The contracted Buyboard vendor is Mustang Tractor and Equipment Company of Beaumont. The truck to be furnished is a Caterpillar Model 725 at a cost of$285,994. Delivery of the truck is within one (1) week. Funding for the purchase of this unit will be provided through a lease purchase agreement. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-011 TO APPROVE THE PURCHASE OF ONE (1) CATERPILLER MODEL 725 ARTICULATED DUMP TRUCK FOR THE PUBLIC WORKS DEPARTMENT, SOLID WASTE LANDFILL DIVISION, IN THE AMOUNT OF $285,994 FROM THE MUSTANG TRACTOR AND EQUIPMENT COMPANY, BEAUMONT, TEXAS, THROUGH THE TEXAS ASSOCIATION OF SCHOOL BOARDS (TASB) BUYBOARD COOPERATIVE PURCHASING PROGRAM. Councilmember Cokinos seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 3. Consider approving the purchase of one(1)excavating and grading machine for use in the Public Works Department - Resolution 05-012 Administration recommended the purchase of one(1)excavating and grading machine forthe Public Works Department,Streets and Drainage Division,through the Houston- Galveston Area Council (H-GAC) cooperative purchasing program. The excavator is primarily used in the maintenance of ditches to alleviate drainage problems. The contracted vendor is Hi-Way Equipment Company Inc.The cost of the unit,including the H-GAC administrative fee of$3,097.89 is$215,313.69. Delivery of the unit will be within three (3) to five (5) days. Unit 5117, a 1994 Gradall, will be replaced and disposed of according to the City's surplus equipment disposal policies. Funding for the purchase of this unit will be provided through a lease purchase program. Councilmember Smith made a motion to APPROVE RESOLUTION 05-012 TO APPROVE THE PURCHASE OF ONE (1) GRADALL MODEL XL3100 FOR THE PUBLIC WORKS DEPARTMENT, STREET AND DRAINAGE DIVISION, IN THE AMOUNT OF$215,313.69 FROM HI-WAY EQUIPMENT COMPANY, INC. HOUSTON, TEXAS, THROUGH THE HOUSTON- GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM. Councilmember Cokinos seconded the motion. Page 4 of 8 Minutes-January 11,2005 AYES: MAYOR LORD, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 4. Consider approving the purchase of two (2) diesel powered cab and chassis each equipped with a jet rodder body for use in the Public Works Department-Resolution 05-013 Administration recommended the purchase of two (2) 2005 Isuzu cab and chassis equipped with jet rodder bodies through the Houston-Galveston Area Council(H-GAC) Cooperative Purchasing Program. Jet roddertrucks are equipped with watertanks and high pressure pumps that force water through sewer lines to clear blockages. Funds for this expenditure are available in the Water Utilities Fund. The total cost is $147,688 and includes a $1,200 H-GAC administration fee. Councilmember Cokinos made a motion to APPROVE RESOLUTION 05-013 TO PURCHASE TWO (2) DIESEL POWERED CAB AND CHASSIS EACH EQUIPPED WITH A JET RODDER BODY FOR USE IN THE PUBLIC WORKS DEPARTMENT. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 5. Consider approving a contract for the construction of an access roadway at the Landfill - Resolution 05-014 Administration recommended the award of a contract to L. D. Construction of Beaumont in the amount of$164,880 forfurnishing all labor,materials and supervision required to construct an access roadway at the Landfill. The City's Landfill Division recently received permission from the Texas Commission for Environmental Quality (TCEQ) to increase the disposal height at the landfill. This permit revision will allow disposal of solid waste on top of existing closed cells instead of constructing new cells.The increase in landfill heightwill extend the life of the landfill. Page 5 of 8 Minutes-January 11,2005 L. D.Construction is certified as a Disadvantaged Business Enterprise(DBE). Work is expected to begin bythe end of January and be completed within eleven(11)weeks. Funds are available for this purchase in the Solid Waste Fund. Councilmember Cokinos made a motion to APPROVE RESOLUTION 05-014 THAT THE BID IN THE AMOUNT OF $164,880 SUBMITTED BY L. D. CONSTRUCTION, BEAUMONT, TEXAS FOR THE CONSTRUCTION OF AN ACCESS ROADWAY AT THE LANDFILL BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 6. Consider approving a resolution to accept the Twenty-Third Street Pavement Improvement Project,approve Change Order No. 1 and authorize the final payment- Resolution 05-015 Administration recommended acceptance of the project, approval of Change Order No. 1 in the amount of ($73,474.28) and final payment of$87,560.48. On May 13,2003,the City Council awarded Brystar Contracting, Inc.the contract for the Twenty-Third Street Pavement Improvement Project in the amount of $1,824,683.85 Due to the decrease in construction item quantities,Change Order No. 1 in the amount of($73,474.28)is required to adjustthe estimated quantities used during performance of the project, decreasing the contract to $1,751,209.57. The MBE participation in the performance of the contract totals $195,822.00 representing 11%of the final contract amount. A copy of Schedule C identifying the MBE participation is attached. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set out in the contract. Funds are available in the Capital Improvement Program. Councilmember Patterson made a motion to APPROVE RESOLUTION 05-015 THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE TO CHANGE ORDER NO. 1 TO THE TWENTY- THIRD STREET PAVEMENT IMPROVEMENT PROJECT IN THE AMOUNT OF($73,474.28 DUE TO A DECREASE IN CONSTRUCTION ITEM QUANTITIES USED DURING THE PERFORMANCE OF THE PROJECT THEREBY DECREASING THE AMOUNT TO $1,751,209.57; AND THE CITY MANAGER BE AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF$87,560.54 TO BE PAIDTO BRYSTAR CONTRACTING COMPANY,INC. Councilmember Beaulieu seconded the motion. Page 6 of 8 Minutes-January 11,2005 AYES: MAYOR LORD, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SAMUEL- WANTED TO CLARIFY ANY MISCOMMUNICATION ABOUT THE GROUND BREAKING CEREMONY FOR THE DEDICATION OF THE M. L. KING PARK COUNCILMEMBER COKINOS - NONE COUNCILMEMBER BEAULIEU - ENCOURAGED THE PUBLIC TO CONTINUE TO BE GENEROUS TOWARD THE TSUNAMI VICTIMS AND TO CONTINUE WITH THEIR SUPPORT COUNCILMEMBER SMITH- ENCOURAGED THE COMMUNITY TO BE SUPPORTIVE OF THE TSUNAMI VICTIMS BY SUPPORTING THE FUND RAISERS IN THE COMMUNITY COUNCILMEMBER PATTERSON - REMINDED THE COMMUNITY TO REMEMBER THE IMPORTANCE OF MARTIN LUTHER KING, JR.AND FOR THE PEOPLE TO CONTINUE TO COME TOGETHER IN PEACE; ANNOUNCED THE M. L. KING, JR. PARADE WILL BE HELD SATURDAY AT 8:30 AM WITH A REMEMBRANCE CEREMONY TO FOLLOW CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR LORD - REMINDED THE PUBLIC THAT THE TSUNAMI VICTIMS WILL NEED OUR CONTINUED SUPPORT IN THE MONTHS TO COME; COMMENTED THAT AFTER ATTENDING A CONFERENCE SPONSORED BY ROTARY YOUTH LEADERSHIP INTERNATIONAL IN BROADDUS,SHE FELT THAT OUR FUTURE IS IN GOOD HANDS WITH THESE TYPES OF YOUNG PEOPLE Public Comments (Persons are limited to three minutes) Roberto C. Flores, Sr. 2425 Buchanan Beaumont TX Would like to change the name of Fletcher Mini Park to Caesar Chavez Mini Park Page 7 of 8 Minutes-January 11,2005 Beverly L. Hatcher 7 Sandlewood Trail Beaumont TX Concerns about the M. L. King Commission Jennet Toyjanova Ashagabat, Turkmenistan Gave her thanks for being here in Beaumont and the welcome she has received Response by Councilmember Samuel: Spoke about his concerns and disappointments thatthe City has not made more progress in the memorial park honoring Martin Luther King,Jr.;feltthat the Cityand City Council did their part by filling the M. L. King Commission to full capacity but the Commission members itself did not move forward to meet their commitment; asked that the City Manager now to move forward expediently in the development of this Park;commented on the steps necessary for renaming Fletcher Mini Park Open session of meeting recessed at 2:37 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Bob Tinkle v City of Beaumont Penni Simonson, et al v City of Beaumont There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. tan `; Evelyn M. Lo MQ ,ayor ,��c � oat .sees Rose Ann Jones, TROb Page 8 of 8 Minutes-January 11,2005