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MIN MAR 27 2007 M I N U T E S - CITY OF BEAUMONT Andrew P. Cokinos,At-Large GUY N. GOODSON, MAYOR Becky Ames,At-Large Lulu L. Smith,Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tom,Ward II Audwin Samuel,Ward III March 27,2007 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, Interim City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on March 27, 2007, 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 1 and10/Consent Agenda ' Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor Ricky White of the Christian Fellowship Worship Center gave the invocation. Mayor Pro Tern Beaulieu led the Pledge of Allegiance. Roll call was made by Tina Broussard, Interim City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Beaulieu, Councilmembers Smith, Ames, and Samuel. Absent: Councilmember Cokinos and Councilmember Patterson (Councilmember Patterson arrived at 1:34 p.m.) Also present were Kyle Hayes, City Manager, Tyrone Cooper, City Attorney, Tina Broussard, Interim City Clerk. Proclamations, Presentations, Recognitions None Mayor Goodson read the announcement regarding the Executive Session to be held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1 and 10/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of March 20, 2007 Confirmation of committee appointments - None Minutes-March 27,2007 A) Approve a contract for the purchase of lime slurry for the Street Rehabilitation Program - Resolution 07-088 B) Authorize the City Manager to execute a Utility Joint Use Agreement and a Standard Utility Agreement with ExxonMobil Oil Corporation and Mobil Pipe Line Company for the Phelan Boulevard Pavement Widening Project - Resolution 07-089 Councilmember Ames made a motion to approve the Consent Agenda. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider amending Chapter 13 of the Code of Ordinances related to health and sanitation- Ordinance 07-028 Administration recommended approval of the amendments proposed for Chapter 13 of the Code of Ordinances. At a worksession on January 16, staff discussed the process to be used to update the Code of Ordinances. In accordance with the process that was put in place, the proposed changes to Chapter 13, related to health and sanitation,were provided to the City Council for review. The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Mayor Pro Tern Beaulieu moved to ADOPT ORDINANCE 07-028 ENTITLED AN ORDINANCE AMENDING CHAPTER 13, ARTICLE 1, SECTIONS 13-2, 13-8, 13-16 AND 13-17, ARTICLE 11, SECTIONS 13-34 AND 13-36,ARTICLE III,SECTIONS 13-41 AND 13-43,ARTICLE IV,SUBSECTIONS 13-53(11)AND 13-54(D),ARTICLE V,SECTION 13-60 AND SUBSECTION 13-61(1),AND ARTICLE VII, SUBSECTION 13-71(A)OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Page 2 of 12 Minutes-March 27,2007 2. Consider approving a request for a zone change from RM-M (Residential Multiple Family Dwelling-Medium Density) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District or more restrictive district on the north side of Concord, near Judy Lane - Ordinance 07-029 Administration recommended approval of a request for a zone change from RM-M (Residential Multiple Family Dwelling-Medium Density) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located on the north side of Concord, near Judy Lane. Fittz and Shipman, Inc. has requested a zone change from RM-M (Residential Multiple Family Dwelling-Medium Density) District to RM-H (Residential Multiple Family Dwelling- Highest Density)District for property located on the north side of Concord, near Judy Lane. The developer of the 62.3 acres proposes to construct single family homes, low density townhomes and high density apartments. The 11.8 acre subject tract proposed for high density apartments is currently zoned RM-M and allows for a gross density of 17 units per acre. The developer wishes to exceed that density, thus necessitating the need to rezone the property to RM-H. RM-H zoning allows a gross density of 29 units per acre. At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a request for a zone change from RM-M (Residential Multiple Family Dwelling- Medium Density) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located on the north side of Concord, near Judy Lane. Councilmember Smith made a motion to ADOPT ORDINANCE 07-029 ENTITLEDAN ORDINANCE AMENDING 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 PRESENTLYZONED RM-M(RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT OR MORE RESTRICTIVE DISTRICT FOR PROPERTY LOCATED ON THE NORTH SIDE OF CONCORD, NEAR JUDY LANE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a request for a zone change from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a family medical clinic in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District at 4400 Highland Avenue - Ordinance 07-030, Ordinance 07-031 Page 3 of 12 Minutes-March 27,2007 Administration recommended approval of a request for a zone change from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a family medical clinic in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 4400 Highland Avenue. Clark Moore, Executive Director of Ubi Caritas, has requested a zone change from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow the operation of a new family medical clinic. The property is located at 4400 Highland. Ubi Caritas is a faith based non-profit organization started by the Episcopal congregations of Beaumont. Nine years ago the organization purchased and remodeled the property at 4400 Highland for use as a family edical clinic serving low income residents of South outh 9 Beaumont. The clinic has grown to serve a patient population of 10,000+, providing charity care in the amount of$580,000 annually. The clinic operates with 5 full-time and 3 part- time employees and is open Monday through Friday. In addition to primary medical services, on-going health and community education classes are provided to the general public. Since Hurricane Rita, the clinic has had to deny an average of 50 patients a week due to lack of space and staff. Through the efforts of the Southeast Texas Regional Planning Commission, Ubi Caritas has received a$860,000 grant to build a 6,000 sq.ft. clinic on the south end of the property. The current NC zoning restricts building size to 4,000 sq. ft. To accommodate the new clinic building, the zoning needs to be changed or a variance to the proposed building size needs to be granted by the Zoning Board of Adjustment. At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a request for a zone change from NC (Neighborhood Commercial) District to GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a family medical clinic in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 4400 Highland Avenue subject to the following conditions: 1. Provide a 10' landscape strip along the west property line. 2. Provide a 6' landscape strip along all street frontages of the parking lots. Councilmember Patterson made a motion to ADOPT ORDINANCE 07-030 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS,AND IN PARTICULARTHE BOUNDARIES OF THEZONING DISTRICTSAS INDICATED UPON THEZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL)DISTRICTTO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 4400 HIGHLAND, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE Page 4 of 12 Minutes-March 27,2007 MOTION PASSED Council member Ames made a motion to ADOPT ORDINANCE 07-031 ENTITLEDAN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FAMILY MEDICAL CLINIC IN A GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 4400 HIGHLAND AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving a request for a specific use permit to allow a reception hall in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2750 E. Lucas - Ordinance 07-032 Administration recommended approval of a request for a specific use permit to allow a reception hall in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2750 E. Lucas.with a modification to the landscaping requirement(5'landscape strip along the north property line and a 5' landscape strip along the north 204' of the east and west property lines). Thomas Cantue, the property owner, is requesting a specific use permit to allow a reception hall on his property at 2750 E. Lucas. Mr. Cantue received a zone change to GC-MD-2 on the north 267' of his property in January, 2006. The south 150' of the property is zoned GC-MD. His initial plans were to construct some apartments and a reception hall. However, once he discovered his property was not large enough to accommodate both uses, he decided to build the reception hall only. The structure will encompass 4,500 sq. ft. A total of 80 parking spaces will be provided. The building will be rented for meetings, parties, weddings, church functions and other clubs or organizations for their fundraising activities. At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 7:0:1 to approve a specific use permit to allow a reception hall in a GC-MD-2(General Commercial- Multiple Family Dwelling-2) District at 2750 E. Lucas with a modification to the landscaping requirement (5' landscape strip along the north property line and a 5' landscape strip along the north 204' of the east and west property lines) and that it not operate as a BYOB nightclub. Mayor Pro Tern Beaulieu made a motion to ADOPT ORDINANCE 07-032 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECEPTION HALL IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 2750 E. LUCAS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. Page 5 of 12 Minutes-March 27,2007 AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving a request for a specific use permit to allow a skilled nursing home in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District on the east side of Major Drive, south of Pevitot - Ordinance 07-033 Administration recommended approval of a request for a specific use permit to allow a skilled nursing home in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District on the east side of Major Drive, south of Pevitot. James Moore with Centex Management Co. is requesting a specific use permit to allow a skilled nursing facility on 5.74 acres of property located on the east side of S. Major, approximately 267' south of Pevitot. City Council rezoned this property and an additional 35.26 acres to GC-MD-2 in January, 2007. The 45,000 sq. ft., 120 bed skilled nursing home is the first of at least two medical related facilities that are proposed on the 41 acres. Access to the facility will be off of a 60' roadway to be built. At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a specific use permit to allow a skilled nursing home in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District on the east side of Major Drive, south of Pevitot, subject to the following condition: 1. A sidewalk will be required along Major Drive. (Planning) Council member Smith made a motion to ADOPT ORDINANCE 07-033 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SKILLED NURSING HOME IN AN GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT, FOR PROPERTY LOCATED ON THE EAST SIDE OF MAJOR DRIVE, SOUTH OF PEVITOT, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving a request for a specific use permit to allow a non-profit veterans organization chapter meeting place in an RCR (Residential Conservation and Revitalization) District at 2115 McFaddin - Ordinance 07-034 Page 6 of 12 Minutes-March 27,2007 Administration recommended approval of a request for a specific use permit to allow a non- profit veterans organization chapter meeting place in an RCR (Residential Conservation and Revitalization) District at 2115 McFaddin with a modification to the landscaping requirements for the parking lot(no six foot landscape strip along the parking lot frontage). Vietnam Veterans of America, Chapter 292 is requesting a specific use permit to allow its chapter meeting place at 2115 McFaddin. VVA Chapter 292 has a membership of approximately 65 Vietnam or Vietnam-era veterans. It also has 13 members of Associates of Vietnam Veterans of America. Of the total membership, about 20 are active members, in the sense of attending meetings and participating in the organization's functions. Monthly meetings are held at 7:00 p.m. on the third Tuesday of each month. At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a specific use permit to allow a non-profit veterans organization chapter meeting place in an RCR (Residential Conservation and Revitalization) District at 2115 McFaddin with a modification to the landscaping requirements for the parking lot (no six foot landscape strip along the parking lot frontage). Mayor Pro Tern Beaulieu made a motion to ADOPT ORDINANCE 07-034 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A NON-PROFIT VETERANS ORGANIZATION CHAPTER MEETING PLACE IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT LOCATED AT 2115 MCFADDIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider approving a request for a specific use permit to allow an 8 unit loft apartment building in a CBD (Central Business District) at 527 Forsythe - Ordinance 07-035 Administration recommended denial of a request for a specific use permit to allow an 8 unit loft apartment building in a CBD (Central Business District) at 527 Forsythe. The Landmark Group is requesting a specific use permit to allow an 8 unit loft apartment building in the Central Business District at 527 Forsythe. The property is the location of the former Antioch Baptist Church. It is the intent of the Landmark Group to renovate the existing building for use as apartments. In addition, there will be common space for a library, computer room, laundry facilities and leasing office space. Since the property is located in the Central Business District, off-street parking is not required. However, the applicant states that they have made a proposal to the City whereby the City would provide reserved, on-street parking for the apartments. The City has denied that request. Elsewhere in the city, apartment complexes must provide one and one-half parking spaces per dwelling unit. Denial of this request is based upon the fact that there is no off-street parking being provided. At one and one-half parking spaces Page 7 of 12 Minutes-March 27,2007 per unit, 12 parking spaces would typically be required. Unless off-street parking is made available. Moreover, if this Specific Use Permit were approved, the de facto result would be that an estimated 12 public, on-street parking spaces would be taken by this project, further limiting parking options for other property owners in the area. Section 30-26 (e) 4. of the Zoning Ordinance states that a Specific Use Permit shall be issued only if "the design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development." At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 5:2:1 to approve a specific use permit to allow an 8 unit loft apartment building in a CBD (Central Business District) at 527 Forsythe. Denial of this Specific Use is recommended by City Manager, Public Works Director and the Planning Manager. Councilmember Samuel made a motion to ADOPT ORDINANCE 07-035 WITH ASTIPULATION TO PROVIDE FOR AND MAINTAIN 1.5 OFF-STREET PARKING SPACES PER UNIT AND GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EIGHT(8)UNIT LOFT APARTMENT BUILDING IN ACBD(CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 527 FORSYTHE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, SAMUEL AND PATTERSON NAYS: COUNCILMEMBER AMES MOTION PASSED 8. Consider approving a request fora specific use permit to allow a 28 unit apartment building with 1,500 sq. ft. of commercial space in a CBD (Central Business District) at 620 Pearl - Ordinance 07-036 Administration recommended denial of a request for a specific use permit to allow a 28 unit apartment building with 1,500 sq. ft. of commercial space in a CBD (Central Business District) at 620 Pearl. The Landmark Group is requesting a specific use permit to allow a 28 unit apartment building with retail space in the Central Business District at 620 Pearl. The property is the location of the former Neches Electric Company/Walgreens building. It is the intent of the Landmark Group to renovate the existing building for use as apartments and 1,500 sq. ft. of retail space. In addition, there will be common space for a library, computer room, laundry facilities and leasing office space. Section 30-26 (e) 4. of the Zoning Ordinance states that a Specific Use Permit shall be issued only if"The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development." Page 8 of 12 Minutes-March 27,2007 At a Joint Public Hearing held March 19, 2007, the Planning Commission made a motion to approve a specific use permit to allow a 28 unit apartment building with 1,500 sq. ft. of commercial space in a CBD (Central Business District) at 620 Pearl. That motion to approve failed 3:4:1. Councilmember Samuel made a motion to ADOPT ORDINANCE 07-036 WITH ASTIPULATION TO PROVIDE FOR AND MAINTAIN 1.5 OFF-STREET PARKING SPACES PER UNIT AND GRANTING A SPECIFIC USE PERMIT TO ALLOW A 28-UNIT APARTMENT BUILDING WITH 1500 SQUARE FEET OF COMMERCIAL SPACE IN A CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 620 PEARL, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, SAMUEL AND PATTERSON NAYS: COUNCILMEMBER AMES MOTION PASSED 9. Consider approving a request for a specific use permit to allow a winery in a GC-MD (General Commercial-Multiple Family Dwelling) District at 6755 Phelan - Ordinance 07- 037 Administration recommended approval of a request for a specific use permit to allow a winery in a GC-MD (General Commercial - Multiple Family Dwelling) District at 6755 Phelan. Patti Standley is requesting a specific use permit to allow a winery in a GC-MD (General Commercial-Multiple Family Dwelling) District. The property is located at 6755 Phelan. D'Vine Wine is a franchise-based local winery utilizing grapes and juices from around the world. These grapes/juices are then processed on site and will provide individuals the opportunity to bottle, cork and label their own selections. D' Vine Wine will also offer wine tastings. At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a specific use permit to allow a winery in a GC-MD (General Commercial-Multiple Family Dwelling) District at 6755 Phelan. Councilmember Samuel made a motion to ADOPT ORDINANCE 07-037 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WINERY IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING DISTRICT FOR PROPERTY LOCATED AT 6755 PHELAN, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE Page 9 of 12 Minutes-March 27,2007 MOTION PASSED 10. Consider approving a bid for the construction of a building at the landfill - Resolution 07- 090 Administration recommended the award of a bid to Goss Building, Inc. in the amount of $95,000 forfurnishing all labor, materials,equipment and supplies to construct a newticket booth at the Landfill. Four(4) bids were received on Thursday, March 8, 2007 for furnishing all labor, materials, equipment and supplies needed for the construction of a ticket booth building at the Landfill entrance. The new building will replace an older structure that has been onsite for over ten (10) years. The current building is a modified portable building built on skids. The new structure specified is a 10 ft. x 16 ft. x 10 ft. 9 inch pre-fabricated concrete building with a built-in work station and an ADA compliant restroom. The new building will be air conditioned and equipped with necessary cabling for computer and phone line access. In addition to the building, the paved drive will be widened to accommodate the trucks entering the Landfill. The City's specifications required the bidder to purchase the prefabricated concrete building from Lone Star PreStress Mfg. Salenga Construction, Inc., a certified MBE, and Simon Construction, a minority owned non-city certified MBE, for constructing the driveways. Salenga Construction did not respond to his request for a bid but Simon Construction did submit a bid. The Purchasing Division has mailed an MBE application to Simon Construction on two separate occasions. Leonard Zuniga dba Simon Construction has been contacted concerning his application for MBE certification, to date the City has not received his application. Councilmember Samuel made a motion to APPROVE RESOLUTION 07-090 THAT THE BID SUBMITTED BY GOSS BUILDING, INC., BEAUMONT, TEXAS, FOR FURNISHING ALL LABOR, MATERIALS, EQUIPMENT AND SUPPLIES TO CONSTRUCT A NEW TICKET BOOTH AT THE LANDFILL IN THE AMOUNT OF$95,000 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE Page 10 of 12 Minutes-March 27,2007 MAYOR PRO TEM BEAULIEU - HONORED TO ATTEND THE INDUSTRIAL FIRE EXPO, CONGRATULATED CHIEF PETE SHELTON WHO WAS HONORED WITH A MEDAL AND YEARS OF SERVICE AT THE INDUSTRIAL FIRE EXPO, ALSO A FIRE TRAINING WILL BE HELD THURSDAY APRIL 5, 2007 AT THE FIRE TRAINING GROUND, COUNCIL IS INVITED TO ATTEND COUNCILMEMBER AMES - REQUESTED THAT STAFF PREPARE A WORKSHOP ON CHANGING USE AND COMMERCIAL/RESIDENTIAL DEVELOPMENT IN DOWNTOWN COUNCILMEMBER SAMUEL- THANKED BRENDA BEADLE,CAPITAL PROJECTS MANAGER FOR ADDRESSING THE MBE CONTRACTS,ALSO ASKED THAT STAFF PRESENT A WORKSHOP TO COUNCIL REGARDING PARKING IN THE DOWNTOWN AREA COUNCILMEMBER PATTERSON - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON- ASKED THAT STAFF WOULD HAVE A WORKSHOP REGARDING PARKING AND METERS IN DOWNTOWN AREA Public Comments (Persons are limited to three minutes) Leroy Lewis III 8550 Baker Rd. Beaumont TX Thanked City for demolishing the property located on Washington and 4th St., a "Children as Play" sign is needed on Gulf St. and Delaware, spoke on the salary of city employees, the Dishman school zone has only one flashing light working L. A. Spivey 6010 Channel Dr. Beaumont TX Spoke to Council with concerns regarding the construction on Channel Dr. and damage to citizens vehicles Bruce Hoffer 2615 Gladys Beaumont TX Soccer season has started invited everyone to attend the soccer games on Saturday at 11:00 a.m., on Dishman and Major Dr. Open session of meeting recessed at 2:55 p.m. Page 11 of 12 Minutes-March 27,2007 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont v. International Association of Firefighters There being no action taken in Executive Session, Council adjourned. Audio tap re avails le upon request in the City Clerk's Office. Gu N. Goodson, Mayor 6L & 6uw Tina Broussard, Interim City Clerk AW V�.UMOM,�1�1 i 1 UJ �i Of, AW Page 12 of 12 Minutes-March 27,2007