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MIN JUN 07 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I GUY N. GOODSON, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Audwin Samuel,Ward III June 7, 2005 Bobbie J. Patterson,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 June 7,2005, 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 6-11 and 13/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Reverend James Blackwell of the South Park Baptist Church gave the invocation. Councilmember, Lulu Smith led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Ames, Councilmembers Smith, Beaulieu, Cokinos, Patterson and Samuel. Also present were Kyle Hayes, City Manager;Tyrone Cooper, City Attorney; Tina Broussard, Deputy City Clerk; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions Presentation of Plaque by Military at Port of Beaumont - Presented by LTC Gregory M. Parish, Deputy Commander, 172nd Stryker Brigade Combat Team and Major Scott Murray Presentation by Beaumont Main Street -Presented by Beaumont Main Street President Kim McMurray regarding "Historic Preservation Celebrates Preservation Week" "Management Week" - June 5 -11, 2005 - Proclamation read by Mayor Pro Tern Ames; accepted by Henry Sieffers(American Valve&Hydrant), President American Management Association "Black Music Month" - June 2005 - Proclamation read by Councilmember Patterson; accepted by the Savoy Sisters, The Spikes Sisters, The New Chosen, Psalm 150, Joyce "Doll Baby" Hervey, and Hattie Joseph; The Savoy Sisters presented a plaque to the City. Minutes-June 7,2005 Councilmember Patterson also requested that everyone join in and sing Happy Birthday to Ms. Sadie Smith of the Savoy Sisters. "James Farmer and James Byrd Jr. Day of Remembrance" - June 7, 2005 - Proclamation read by Mayor Goodson; accepted by Dr. Detine Bowers with Common Ground of Austin, Texas Public Comment: Persons may speak on scheduled agenda items 6-11 and 13/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of May 24, 2005 Confirmation of committee appointments - None A) Authorize the City Manager to execute all documents necessary to accept grant funding from the Texas Department of Transportation for additional DWI enforcement-Resolution 05-132 B) Authorize the acceptance of a ten foot (10')wide Water Line Easement out of the Second Amended Plat of Ferguson Development Park, and off Clearwater Court- Resolution 05- 133 C) Authorize the granting of a License to Encroach to Ivan Rodriguez into two utility easements at 8670 Crestview Lane - Resolution 05-134 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a zone change from A-R(Agricultural-Residential) District, RS (Residential Single Family Dwelling) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial- Multiple Family Dwelling) District (Tract One), from A-R (Agricultural-Residential) District, RS (Residential Single Family Dwelling) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District (Tract Two) and from A-R (Agricultural-Residential) District to RS (Residential Single Family Dwelling) District Page 2 of 13 Minutes-June 7,2005 (Tract Three) for property in the 3600 block of Dowlen Road, west side (YMCA property Consider) - Ordinance 05-046 Administration recommended approving a request for a zone change from A-R (Agricultural-Residential) District, RS (Residential Single Family Dwelling) District and RM-H(Residential Multiple Family Dwelling-Highest Density)District to GC-MD (General Commercial-Multiple Family Dwelling) District (Tract One), from A-R (Agricultural-Residential) District, RS (Residential Single Family Dwelling) District and RM-H(Residential Multiple Family Dwelling-Highest Density)Districtto GC-MD- 2 (General Commercial-Multiple Family Dwelling-2) District(Tract Two)and from A- R (Agricultural-Residential) District to RS (Residential Single Family Dwelling) District (Tract Three) for property in the 3600 block of Dowlen Road, west side (YMCA property). Bryan H. Lee, the applicant is requesting the rezoning of 19.301 acres of land currently owned by the YMCA in the 3600 block of Dowlen Road. The request includes 8.936 acres of GC-MD (General Commercial-Multiple Family Dwelling) District, 5.678 acres of GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and 4.686 acres of RS (Residential Single Family Dwelling)District. The RS and GC-MD-2 zoning would abut Barrington Heights. Mr. Lee has been working with an architect to develop a concept plan for the property.This plan calls for 78,874 sq.ft. of commercial uses. Two commercial pad sites, facing Dowlen, would be made available for sale. In the southeast corner of the property, three 3,000 sq. ft. one story office buildings would be built. The residential portion of the plan would consist of townhomes and single family residential. At a Joint Public Hearing held May 23, 2005, the Planning Commission voted 9:0 to approve the request for a zone change from A-R (Agricultural-Residential) District, RS (Residential Single Family Dwelling) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial- Multiple Family Dwelling) District (Tract One), from A-R (Agricultural-Residential) District, RS (Residential Single Family Dwelling) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District (Tract Two) including that the northern line on the proposed GC-MD-2 area be extended northward an additional 145 feet and from A-R (Agricultural-Residential) District to RS (Residential Single Family Dwelling) District (Tract Three) for property in the 3600 block of Dowlen Road, west side (YMCA property). COu ncilmember Beaulieu moved to ADOPT ORDINANCE 05-046 TO AMEND CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THEZONING MAP OF THE CITY OF BEAU MONT,TEXAS,BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED AS A-R (AGRICULTURAL-RESIDENTIAL) DISTRICT, RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AND RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT (TRACT ONE), FROM A-R (AGRICULTURAL-RESIDENTIAL) DISTRICT, RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT AND RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING- HIGHEST DENSITY) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY Page 3 of 13 Minutes-June 7,2005 DWELLING-2) DISTRICT (TRACT TWO) AND FROM A-R (AGRICULTURAL-RESIDENTIAL) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT (TRACT THREE) FOR PROPERTY IN THE 3600 BLOCK OF DOWLEN ROAD, WEST SIDE (YMCA PROPERTY), BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 4337 Crow Road - Ordinance 05-047 Administration recommended approval of a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)to GC-MD(General Commercial-Multiple Family Dwelling) District for the property at 4337 Crow Road. The property is currently occupied by a now vacant building that was used as a day care. Mr. Chapman would like to demolish that building and construct a new structure to house his insurance agency. He currently offices next door at 4345 Crow Road. At a Joint Public Hearing held May 23, 2005, the Planning Commission voted 9:0 to approve a zone change from RM-H (Residential Multiple Family-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 4337 Crow Road. Councilmember Cokinos made a motion to ADOPT ORDINANCE 05-047 TO AMEND CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 4337 CROW ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Page 4 of 13 Minutes-June 7.2005 3. Consider approving a request for a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization) District at 1707 and 1717 Pennsylvania - Ordinance 05-048 Administration recommended approval of a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization) District at 1707 and 1717 Pennsylvania. Followers of Christ Deliverance Ministry is requesting a specific use permit to allow a church at 1717 Pennsylvania. Phase One will include a 1680 sq.ft. sanctuary and related parking. Phase Two includes a 900 sq. ft. addition. The church will have a maximum seating for 30 persons. Reverend Margie Stelly, the pastor, states that activities at the church will include regularly scheduled Sunday and weekday services, church affiliated organizational meetings and gatherings and choir practices. At a Joint Public Hearing held May 23, 2005, the Planning Commission voted 9:0 to approve a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization) District at 1707 and 1717 Pennsylvania subject to the following conditions: • Provide the required landscaping along the west side of the parking lot. • Provide an 8' tall wood screening fence along the north and south property lines. • Modification to the landscaping requirement along the north and south property lines so that landscaping is not required. • Provide a 25'rear yard building setback or receive a variance from the Board of Adjustment. • Provide an additional two parking spaces. Mayor Pro Tern Ames made a motion to ADOPT ORDINANCE 05-048 GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 1707 AND 1717 PENNSYLVANIA IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 4. Consider approving a request for a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 7575 and 7579 [corrected address is 7595] Highway 105 - Ordinance 05-049 Page 5 of 13 Minutes-June 7,2005 Administration recommended approval of a specific use permit to allow a church in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 7575 and 7595 Highway 105. Gospel Center Church, which was previously located at 6900 Eastex Freeway, is wishing to relocate to the Highway 105 location. The church has a congregation of 150 persons. Services will be held on Sunday mornings and evenings and on Wednesday nights. At a Joint Public Hearing held May 23, 2005, the Planning Commission voted 9:0 to approve a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 7575 and 7595 Highway 105. Councilmember Cokinos made a motion to ADOPT ORDINANCE 05-049 GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT LOCATED AT 7575 AND 7595 HIGHWAY 105 IN THE CITYOF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 5. Consider approving a requestforan HC-L(Historic Cultural Landmark Preservation) Designation at 1435 Broadway- Ordinance 05-050 Administration recommended approval of an HC-L (Historic Cultural Landmark Preservation) Designation at 1435 Broadway. Mark Bergeron, the property owner, is requesting an HC-L (Historic Cultural- Landmark Preservation) Designation for the property located at 1435 Broadway. At a Joint Public Hearing held May 23, 2005, the Planning Commission voted 9:0 to approve an HC-L (Historic Cultural Landmark Preservation) Designation at 1435 Broadway. At a Special Meeting held May 16, 2005, the Historic Landmark Commission voted 8:0 to approve an HC-L (Historic Cultural Landmark Preservation) Designation at 1435 Broadway. Councilmember Smith made a motion to ADOPT ORDINANCE 05-050 TO AMEND CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION)DESIGNATION FOR PROPERTY LOCATED AT 1435 BROADWAY,BEAUMONT, JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. Page 6 of 13 Minutes-June 7,2005 AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 6. Consider approving a request to abandon a 20'wide utility easement crossing Tract 61 E, Plat RS-5, D. Easley Survey located west of Major Drive, approximately 470' south of Greenfield Drive - Ordinance 05-051 Administration recommended approval of the request to abandon a 20' wide utility easement crossing Tract 61 E, Plat RS-5, D. Easley Survey located west of Major Drive, approximately 470' south of Greenfield Drive, subject to relocating the existing sewer and telephone cables as agreed upon with the City and SBC. Mark Whiteley and Associates, Inc., the applicant, is requesting an abandonment of a 20' wide utility easement that runs along four lots of the proposed Greenfield Addition. At a Regular Meeting held May 23, 2005, the Planning Commission voted 9:0 to approve the request to abandon a 20'wide utility easement crossing Tract 61 E, Plat RS-5, D. Easley Survey located west of Major Drive, approximately 470' south of Greenfield Drive, subject to relocating the existing sewer and telephone cables as agreed upon with the City and SBC. Councilmember Cokinos made a motion to ADOPT ORDINANCE 05-051 ABANDONING A 20'WIDE UTILITY EASEMENT APPROXIMATELY 470'SOUTH OF GREENFIELD DRIVE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 7. Consider approving a request to abandon a 5' wide water line easement crossing Tract 1, Block 27, J. B. Langham Estates located at the corner of 14th and Harrison- Ordinance 05-052 Administration recommended approval of the request to abandon a 5' wide water line easement crossing Tract 1, Block 27, J.B. Langham Estates located at the corner of 14th and Harrison. Mark W. Whiteley, the applicant, is requesting the abandonment of a 5'wide water line easement that diagonally crosses a tract of land at the corner of 14th and Harrison. The property is owned by Sam Parigi. Page 7 of 13 Minutes-June 7,2005 At a Regular Meeting held May 23, 2005, the Planning Commission voted 9:0 to approve the request to abandon a 5' wide water line easement crossing Tract 1, Block 27, J.B. Langham Estates located at the corner of 14th and Harrison. Councilmember Cokinos made a motion to ADOPT ORDINANCE 05-052 ABANDONING A 5' WIDE WATER LINE EASEMENT LOCATED AT THE CORNER OF 14TH AND HARRISON STREETS IN THE CITYOF BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 8. Consider approving a resolution authorizing the participation of the City of Beaumont with other Entergy Gulf States, Inc. service area cities to intervene in proceedings before the Public Utilities Commission of Texas for the calendar year 2005 - Resolution 05-135 Administration recommended the adoption of a resolution authorizing the participation of the City of Beaumont with other Entergy Gulf States Inc. service area cities to intervene in proceedings filed by EGSI before the Public Utilities Commission of Texas for the calendar year 2005. The state legislature has adopted legislation which allows Entergy Gulf States, Inc. to request, among other things, a rate change to recover its costs and expenses incurred in its efforts to transition to competition and annual capacity costs. Additionally, Entergy Gulf States, Inc. continues to make periodic fuel costs filings. These proceedings will be filed at the Public Utilities Commission of Texas. Historically, the City of Beaumont has joined other cities in the Entergy Gulf States' service area in participating in proceedings before the Public Utilities Commission of Texas in various rate and fuel matters filed by Entergy Gulf States, Inc. The City of Beaumont has adopted a similar resolution to the one proposed today in 2002, 2003, and 2004 and has participated in those various cases since that time. The purpose of this resolution is to authorize for this calendar year that the City of Beaumont participate with other cities in intervening in the various cases that the company might file in 2005 concerning EGSI's readiness for competition, market power, organizations and structures to assure fair competition to all customer classes and rates and charges under competition price caps. All reasonable expenses associated with these cases will be reimbursable by the company as they have been in the past. Councilmember Samuel made a motion to APPROVE RESOLUTION 05-135 AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS BY ENTERGYAT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2005. Mayor Pro Tem Ames seconded the motion. Page 8 of 13 Minutes-June 7,2005 AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 9. Consider approving a bid for the construction of new walking trails at Perlstein and Wuthering Heights Parks - Resolution 05-136 Administration recommended the award of a bid for furnishing all labor, equipment, materials and supplies necessary to construct new walking trails at Perlstein and Wuthering Heights Parks in the amount of $194,200 to G & G Enterprises of Orange, Texas. The trails at Wuthering Heights Park will be approximately one mile in length. Perlstein Park's Y2 mile walking trail will include four fitness stations, a rest stop with a drinking fountain and bench, and the planting of sixteen trees. The low bidder, G & G Enterprises plans to subcontract a total of $28,273.45 of 15% to a city certified MBE/DBE company. Work will begin in approximately two weeks and be completed within 49 days. Funds are available in the General Improvements Funds. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-136 THAT THE BID SUBMITTED BY G&G ENTERPRISES OF ORANGE,TEXAS FOR FURNISHING ALL LABOR, EQUIPMENT,MATERIALS AND SUPPLIES NECESSARYTO CONSTRUCT NEW WALKING TRAILS AT PERLSTEIN AND WUTHERING HEIGHTS PARKS BEACCEPTED BYTHE CITYOF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 10. Consider approving a resolution authorizing the submittal of projects to the Southeast Texas Regional Planning Commission - Metropolitan Planning Organization as candidates for selection and inclusion into the Jefferson Orange Harding Regional Transportation Study(JOHRTS)2007 Metropolitan Transportation Plan - 2030 (MTP-2030) - Resolution 05-137 Administration recommended authorization to submit candidate projects to the SETRPC for inclusion in the JOHRTS MTP-2030. The SETRPC-MPO provides direct input for project submittal for two (2) Federal and State funding categories. The categories for which projects may be submitted must address Congestion, Mitigation and Air Quality (CMAQ) issues and District Discretionary for improvements on the State Highway System. Page 9 of 13 Minutes-June 7,2005 In order to spend Federal dollars on local transportation projects and programs, a metropolitan area must have a metropolitan transportation plan and a transportation improvement program. Project selection is based on project submittal guidelines requiring that the roadways appear on the Beaumont Urban Area Functional Classification Map. These projects are as follows: Project Description Project Cost Local Share Dowlen Road Extension - (College to Walden) $4,320,000 $ 864,000 Construct new four (4) lane, divided roadway. Washington Boulevard - (Langham to Major Drive) $3,240,000 $ 648,000 Widen to four (4) lanes. Traffic Signal Optimization Study $ 250,500 $ 50,100 Conduct citywide signalization study. Amelia Pedestrian Safety Program $ 275,000 $ 55,000 Sidewalk construction project. Eighty percent(80%)of the project cost will be provided by Federal, State and local sources, with the Federal sources providing the largest portion. The remaining twenty percent (20%) will be provided by the local sponsor (City). Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-137 APPROVING THE SUBMITTAL OF PROJECTS TO THE SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION -METROPOLITAN PLANNING ORGANIZATION (SETRCP-MPO)AS CANDIDATES FOR SELECTION AND INCLUSION INTO THE JOHRTS 2007 METROPOLITAN TRANSPORTATION PLAN -2003 (MTP-2030). Mayor Pro Tern Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 11. Consider authorizing the City Managerto execute an Emissions Reduction Incentive Grant agreement with the Texas Commission on Environmental Quality (TCEQ) - Resolution 05-138 Administration recommended authorizing the City Managerto execute an Emissions Reduction Incentive Grant agreementwith the Texas Commission on Environmental Quality (TCEQ) in the amount of$472,600. Through the efforts of the South East Texas Regional Planning Commission (SETRPC), the City was able to obtain 100 percent funding for 20 alternative fuel buses to be used by Beaumont Municipal Transit (BMT). In order to fuel this many buses within a reasonable time frame, it will be necessary to construct a compressed natural gas (CNG) fueling station at BMT. Page 10 of 13 Minutes-June 7,2005 In March 2005,the City applied fora Texas Emissions Reduction Plan(TERP)grant with the TCEQ. This program was established by the Texas Legislature to provide monetary incentives for projects to improve air quality in the State's non attainment areas. In May 2005, the City was notified by the TCEQ that an Emissions Reduction Incentive Grant was awarded to Beaumont in the amount of$472,600. This grant, coupled with Federal Transportation Administration funds of $200,000, will fund approximately 58 percent of the estimated total cost of the $1,157,500 project. The Transit Fund will be responsible for 42 percent or$484,900 of the total project cost. It should be noted that this amount represents only 6.6 percent of the total estimated cost for the buses and fueling system. Under normal funding conditions, the cost to the City for the purchase of the buses and the fueling system would be $1,471,500. Councilmember Smith made a motion to APPROVE RESOLUTION 05-138 THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE AN EMISSIONS REDUCTION INCENTIVE GRANT AGREEMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY(TCEQ) IN THE AMOUNT OF$472,600. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 12. PUBIC HEARING: Receive comments relating to an application for FY2005 Operating Assistance funds from the Federal Transit Administration (FTA) for the Beaumont Municipal Transit System. Presentation made by Kyle Hayes, City Manager, outlining a grant application for the FY2005 to be submitted for the Beaumont Municipal Transit System. Public Hearing Open: 2.25 p.m. No Comments Public Hearing Closed: 2:27 p.m. Upon recommendation of City Manager,this item will be submitted to Council in two weeks for their consideration. Public Comments (Persons are limited to three minutes) Greg Riley 1046 Grand Ave. Cleveland TX Pleased with progress of Crockett St.; had questions and concerns regarding the prospective property for the Convention and Visitors Bureau and the eminent domain issue Page 11 of 13 Minutes-June 7,2005 Kerry J. Avie 1280 Saxe Street Beaumont TX Prayer for the City Roberto C. Flores Jr. 2425 Buchanan Beaumont TX Discussed the recent Avenues Neighborhood Association meeting,high crimewithin the neighborhood, and invoking the Nuisance Abatement Program EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Mayor Pro Tempore Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: William Millican v. City of Beaumont Tomas Villalobos v. City of Beaumont Open Session of meeting recessed at 2:35 p.m. for the convening of the Executive Session. Following Executive Session, Open Session of the regular meeting reconvened at 4:05 p.m. Councilmembers Samuel and Patterson did not reconvene with Council after Executive Session. 13. Conduct an election of Mayor Pro Tempore COuncilmemberBeaulieu made a motion to DEFER SELECTINGAMAYOR PRO TEMPORE UNTIL THE NEXT REGULARLY SCHEDULED COUNCIL MEETING. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU AND COKINOS NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - ENCOURAGED EVERYONE TO BUY TICKETS TO THE JEFFERSON THEATRE COUNCILMEMBER COKINOS - NONE Page 12 of 13 Minutes-June 7,2005 MAYOR PRO TEM AMES - NONE COUNCILMEMBER SAMUEL- NONE COUNCILMEMBER PATTERSON - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - DISCUSSED TRAIN WHISTLES AND SILENCE ZONES AND ASKED THE CITY MANAGER TO PRESENT A REPORT TO COUNCIL CONCERNING THIS ISSUE Council adjourned at 4:15 p.m. Audio tapes are available upon request in the City Clerk's Office. Guy N. Goodson, Mayor Tina Broussard, Deputy City Clerk Page 13 of 13 Minutes-June 7,2005