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MIN JUL 24 2007 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright, At-Large Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Wardll Audwin Samuel, Mayor Pro Tem Ward III July 24, 2007 Jamie Smith, Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on July 24, 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 8-12/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Reverened James Blackwell of South Park Baptist Church gave the invocation. Councilmember Wright led the Pledge of Allegiance. Roll call was made by Tina Broussard; City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Samuel, Councilmembers Coleman, Beaulieu, Wright, Pate, and Smith. Also present were Kyle Hayes; City Manager, Tyrone Cooper; City Attorney, Tina Broussard; City Clerk. Proclamations, Presentations, Recognitions "Firefighters" presentation to Mayor Pro Tern Audwin Samuel and Councilmember W.L. Pate,Jr.-Firefighter Ryan Jones making presentation, Speaker-Captain Charlie Cox Announced the Orleans Street Jazz Fest this Saturday,July 28,2007,4:00 p.m.- 10:30 p.m., in front of the Jefferson Theatre Public Comment: Persons may speak on scheduled agenda items 8-12/Consent Agenda. None CONSENT AGENDA Approval of minutes - July 17, 2007 Confirmation of committee appointments - Resolution 07-207 Minutes-July 24,2007 Dana L.Timaeus would be reappointed to the Board of Adjustment(Zoning)Committee. The current term would expire May 12, 2009. (Mayor Becky Ames) Paula Blazek would be appointed to the Historic Landmark Commission. The term would commence July 24, 2007 and expire July 23, 2009. (Councilmember W. L. Pate, Jr.) Arthur Louis would be appointed as Chairman of the Martin Luther King, Jr. Parkway Commission. The term would commence July 24, 2007 and expire July 23, 2008. (Mayor Becky Ames) Dana L.Timaeus would be appointed as Vice Chairman of the Board of Adjustment(Zoning) Committee. The term would commence July 24, 2007 and expire July 23, 2008. (Mayor Becky Ames) Bill Yoes would be reappointed to the Historic Landmark Commission. The current term would expire December 30, 2008. (Mayor Becky Ames) Bill Yoes would be appointed as Chairman of the Historic Landmark Commission. The term would commence July 24, 2007 and expire July 23, 2008. (Mayor Becky Ames) A) Authorize the City Manager to execute all documents necessary,specifically a Memorandum of Understanding,with the Texas Attorney General's Office-Internet Crimes Against Children (ICAC) Force - Resolution 07-208 B) Approve a Change Order related to the Convention and Visitors Bureau Project-Resolution 07-209 C) Authorize the acceptance of a ten (10)foot wide Water Line Easement out of the Hezekiah Williams League on Dowlen Road - Resolution 07-210 D) Authorize the acceptance of a ten (10)foot wide waterline easement for fire hydrants across Villa de Lucas, Inc. property at 1005 East Lucas Drive -Resolution 07-211 E) Authorize the acceptance of two(2)three foot(3')wide Sidewalk Easements along the west line of Neches Street near the Cathedral Square property - Resolution 07-212 F) Authorize the acceptance of a ten(10)foot wide water line easement for fire hydrants across Academy property at 7050 Eastex Freeway - Resolution 07-213 G) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in West Chase Village-Section VIII Subdivision - Resolution 07-214 H) Approve a payment for repairs to a 1999 Caterpillar D7R bulldozer - Resolution 07-215 1) Authorize the settlement of the claim of Megan Lewis - Resolution 07-216 Page 2 of 16 Minutes-July 24,2007 J) Authorize the settlement of the lawsuit styled Glenn McNeel vs. The City of Beaumont - Resolution 07-217 K) Authorize the settlement of the lawsuit styled Elma Ardoin v. Larry Thibodeaux and the City of Beaumont - Resolution 07-218 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED Mayor Ames read the announcement regarding the Executive Session to be held at the conclusion of the General Business portion of the meeting. GENERAL BUSINESS 1. Consider approving a request for a zone change from A-R(Agricultural-Residential)District to RS(Residential Single Family Dwelling)District for property located on the east side of N. Major Drive, south of Tram Road. The Administration recommended approval of a request for a zone change from A-R (Agricultural-Residential) District to RS (Residential Single Family Dwelling) District for property located on the east side of N. Major Drive, south of Tram Road. Shammah Stone, L.L.C. has requested a zone change from A-R (Agricultural-Residential) District to RS(Residential Single Family Dwelling)District. The purpose of the zone change request is to allow for the development of the subject property as a single family subdivision. Under A-R zoning,the minimum lot size is one acre. The proposed development will have a typical lot size of 0.18 acres. At a Joint Public Hearing held July 16, 2007,the Planning Commission voted 7:0 to approve a request for a zone change from A-R (Agricultural-Residential) District to RS (Residential Single Family Dwelling)District for property located on the east side of N. Major Drive, south of Tram Road. Councilmember Coleman moved to ADOPT AN ORDINANCE ENTITLED AN 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 PRESENTLY ZONED A-R (AGRICULTURAL- RESIDENTIAL)DISTRICT TO RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF N.MAJOR DRIVE,SOUTH OF TRAM ROAD,BEAUMONT,JEFFERSON Page 3 of 16 Minutes-July 24,2007 COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED Ordinance 07-074 2. Consider approving a request for a zone change from RS (Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)District and a specific use permit to allow a residential care facility for juveniles in an RM-M (Residential Multiple Family Dwelling-Medium Density) District at 3895 Kenneth. The Administration recommended denial of a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District and a specific use permit to allow a residential care facility for juveniles in an RM-M (Residential Multiple Family Dwelling-Medium Density) District at 3895 Kenneth. Theresa LaVergne, the applicant, is requesting a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District and a specific use permit to allow a residential care facility forjuveniles. The property is located at 3895 Kenneth. The subject property is the site of a former fire station. Ms. LaVergne states that she would like to use the structure for a residential treatment center for juveniles. She states that the facility will house 13-16 children. This rezoning could be considered spot zoning. Spot zoning connotes an unacceptable zone change that singles out a single tract for treatment that differs from that accorded similar surrounding land without proof of changes and conditions. At a Joint Public Hearing held July 16, 2007, the Planning Commission voted 7:0 to deny a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District and a specific use permit to allow a residential care facility for juveniles in an RM-M(Residential Multiple Family Dwelling-Medium Density) District at 3895 Kenneth. Mayor Pro Tern Samuel made a motion to DENY AN 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 PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3895 KENNETH, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. Page 4 of 16 Minutes-July 24,2007 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION DENIED 3. Consider approving a request for a specific use permit to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization) District at 2346 McFaddin. The Administration recommended denial of a request for a specific use permit to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization) District at 2346 McFaddin. Jimmie and Vernon Adams, the applicants, are requesting a specific use permit to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization)District. The property is located at 2346 McFaddin. The property is currently occupied by a commercial building. Mr. and Mrs. Adams state that the facility will provide transitional services to female ex- inmates in need of social services. Initially, hours of operation will be from 8:00 a.m. -8 p.m. Services to be provided will include obtaining proper identification, screening them for eligibility for social services such as food stamps, SSI, SSDI, TANF, medical and dental needs, etc. The clients will be assisted with the process of filing for eligible services and assigned a case manager to follow their case and assist them in all aspects of the process. The facility will assist its clients in locating permanent housing and satisfying employment. A long range goal is to maintain eight transitional beds to assist women who are leaving jail and would otherwise be homeless. At a Joint Public Hearing held July 16, 2007, the Planning Commission voted 6:1 to deny a request for a specific use permit to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization) District at 2346 McFaddin. The"20% Rule" is in effect on this item. This means that in order to approve a zone change or specific use permit when the 20% Rule has been invoked at least six Council members must vote in favor of the ordinance. On File 1892-P, a protest of 31% was received, therefore invoking the Rule on this case. Councilmember Beaulieu requested that this item be deferred for two weeks. 4. Consider approving a request for an amended specific use permit to allow the expansion of a wholesale heating and air conditioning supply business in a GC-MD(General Commercial- Multiple Family Dwelling) District at 980 N. M.L.K. Parkway. Administration recommended approval of a request for an amended specific use permit to allow the expansion of a wholesale heating and air conditioning supply business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 980 N. M.L.K. Parkway. Page 5 of 16 Minutes-July 24,2007 M.O. Kothawala, representing M & B Investments L.P., the applicant, is requesting an amended specific use permit to allow the expansion of a wholesale heating and air conditioning supply business in a GC-MD (General Commercial-Multiple Family Dwelling) District. The property is located at 980 MLK Parkway. In 1997, City Council approved a specific use permit to allow the existing wholesale heating and air conditioning supply business. That business currently occupies 6,600 sq.ft.of building space. Mr. Kothawala states that if he is allowed to add an additional 5,000 sq. ft. of space to his existing building, the current tenant, ACR Supply L. P., will sign a new 10 year lease agreement. At a Joint Public Hearing held July 16, 2007,the Planning Commission voted 7:0 to approve a request for an amended specific use permit to allow the expansion of a wholesale heating and air conditioning supply business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 980 N. M.L.K. Parkway subject to the following conditions: Reduce the size of the building to meet required setbacks or apply to the Board of Adjustment for variances to the building setback requirements along the north and east sides of the property. Provide a 6' wide landscape strip along the southwest 43' of the parking lot. and with a modification to the landscaping requirements along the northwest 120' of the parking lot and along the east side of the subject property (no landscape strip along the northwest 120' of the parking lot, a 6' wide landscape strip along the southwest 43' of the parking lot and a 0'-5' wide landscape strip along the east property line). COuncilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.97-29 TO ALLOW THE EXPANSION OF A WHOLESALE HEATING AND AIR CONDITIONING SUPPLY BUSINESS IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 980 N. M.L.K. PARKWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED Ordinance 07-075 5. Consider approving a request for an amended specific use permit to allow a repair shop for an equipment rental business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3450 W. Cardinal Drive. Administration recommended approval of a request for an amended specific use permit to allow a repair shop for an equipment rental business in a GC-MD (General Commercial- Multiple Family Dwelling) District at 3450 W. Cardinal Drive. Page 6 of 16 Minutes-July 24,2007 Alex Herrera, the applicant, is requesting an amended specific use permit to allow a repair shop for the Hertz equipment rental business in a GC-MD (General Commercial-Multiple Family Dwelling) District. The property is located at 3450 W. Cardinal. It is now the desire of Hertz to construct a 60' x 125' equipment repair shop building on the subject property. The facility shall be a pre-engineered metal building with three repair bays. The hours of operation forthis new repairfacility will be 7:00 a.m.-5:00 p.m., Monday-Friday and will be on call 24 hours a day for emergency road service repairs outside the facility. Currently, a 6'tall chain link fence with plastic inserts exists along the north property line. Mr. Herrera states that Hertz will erect an 8'tall wood privacy fence along the north property line. In addition,the south side of the parking lot will be screened with crepe myrtles and a 2' high hedge. At a Joint Public Hearing held July 16, 2007,the Planning Commission voted 7:0 to approve a request for an amended specific use permit to allow a repair shop for an equipment rental business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3450 W. Cardinal Drive subject to the following conditions: 1) No access to the property from Warren. 2) Retain the north 75 feet of the property as a buffer. 3) Install a 10'wooden privacyfence along the north boundarywith no razorwire visible to the neighbors. 4) Normal business hours will be 7 a.m. - 5 p.m., Monday - Friday. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 96-28 TO ALLOW A REPAIR SHOP FOR AN EQUIPMENT RENTAL BUSINESS IN A GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT AT 3450 W.CARDINAL DRIVE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED Ordinance 07-076 6. Consider approving a request for a specific use permit to allow a counseling service in the CBD (Central Business District) at 480 Franklin. The Administration recommended approval of a request for a specific use permit to allow a counseling service in a CBD (Central Business District) at 480 Franklin. Ella Mae Chisum, the applicant, is requesting a specific use permit to allow a counseling service in the CBD (Central Business District). The property is located at 480 Franklin. Page 7 of 16 Minutes-July 24,2007 Ms. Chisum states that she has been a licensed professional counselor for 8 years. She will be using the subject property to provide mental health counseling to individuals, couples and groups. At a Joint Public Hearing held July 16, 2007,the Planning Commission voted 7:0 to approve a request for a specific use permit to allow a counseling service in a CBD (Central Business District) at 480 Franklin. Councilmember Pate made a motion to ADOPT AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COUNSELING SERVICE IN A CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 480 FRANKLIN IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED Ordinance 07-077 7. Consider approving a request to amend Section 30-28(d)of the Code of Ordinances related to allowing off-premise digital advertising signs. The Administration recommended approval of a request to amend Section 30-28 (d)of the City of Beaumont Code of Ordinances related to allowing off-premise digital advertising signs. George Crawford, representing Lamar Advertising, came before the Planning Commission on June 18,2007 in a workshop session to discuss amending the Zoning Ordinance to allow off-premise digital advertising signs(billboards). The Planning Commission instructed staff to develop regulations that would allow such billboards. The Planning staff recommends the following ordinance amendments: Section 30-4 (Definitions) - Digital Billboard: An off-premise advertising sign displaying digital static images controlled by electronic communications. Section 30-28 (d) 3 (Advertising Signs Illumination) - Illumination: Except for digital billboards as provided herein, advertising signs may be illuminated only by indirect lighting subject to the following conditions: • Signs which contain, include or are illuminated byflashing, intermittent or moving lights are prohibited, except for digital billboards, as defined in this chapter. Signs giving public service information such as, but not limited to,time,date,temperature,weather or similar information shall be permitted. Page 8 of 16 Minutes-July 24,2007 • Lighting shall be shielded to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area and shall not be of such intensity or brilliance as to cause or impair vision. • Digital billboards that are illuminated shall be subject to the following restrictions: • The image or message shall be static or fixed and lasting no less than ten (10) seconds. Each screen message is to contain a single advertisement; • The image or message shall change to another image or message in a period of two seconds or less; • The image or message shall not be animated, flashing, scrolling or contain video imagery, • The image or message shall adjust its brightness as ambient light levels change so as not to be visually distracting; and • The digital billboard shall contain a default design that will freeze the sign's image or message if a malfunction occurs. At a Joint Public Hearing held July 16,2007,the Planning Commission voted 7:0 to approve a request to amend Section 30-28 (d) of the City of Beaumont Code of Ordinances related to allowing off-premise digital advertising signs, subject to each static message containing only one advertiser. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30,SUBSECTIONS 30-4(B)AND 30-28(D)(3)RELATING TO ALLOWING OFF- PREMISES DIGITAL ADVERTISING SIGNS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED Ordinance 07-078 8. Consider approving a request to abandon a 5'sanitary sewer easement along the rear of Lots 21 and 22 and part of Lots 21 and 24, Block 3, Caldwood Acres Addition at the northwest corner of College and Chamberlin. The Administration recommended approval of a request to abandon a 5' sanitary sewer easement along the rear of Lots 21 and 22 and part of Lots 21 and 24, Block 3, Caldwood Acres Addition at the northwest corner of College and Chamberlin subject to the relocation of the sanitary sewer line at the expense of the property owner. Fittz&Shipman, Inc. is requesting the abandonment of a 5'x 1 01'sanitary sewer easement and a 2.5'x 43'sanitary easement located on property at the northwest corner of Chamberlin and College. With the abandonment of these easements and an adjacent easement to the east,the properties will better accommodate development. A proposed 15'utility easement Page 9 of 16 Minutes-July 24,2007 is to be dedicated at the north end of the property to replace the abandoned easement. New lines and easements are in place. At a Joint Public Hearing held December 18, 2006, the Planning Commission voted 6:0:1 to approve a request to abandon a 5'sanitary sewer easement along the rear of Lots 21 and 22 and part of Lots 21 and 24, Block 3, Caldwood Acres Addition at the northwest corner of College and Chamberlin subject to relocation of the sanitary sewer line at the expense of the property owner. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A 5'AND A 2.5'WIDE SANITARY SEWER ALONG THE REAR OF LOTS 21 AND 22 AND PART OF LOTS 21 AND 24, BLOCK 3,CALDWOOD ACRES ADDITION AT THE NORTHWEST CORNER OF COLLEGE AND CHAMBERLIN STREETS IN BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED Ordinance 07-079 9. Consider approving a request to abandon a 5'sanitary sewer easement along the rear of Lots 22 and 23 and part of Lot 24, Block 3, Caldwood Acres Addition at the northwest corner of College and Chamberlin. The Administration recommendd approval of a request to abandon a 5' sanitary sewer easement along the rear of Lots 22 and 23 and part of Lot 24, Block 3, Caldwood Acres Addition at the northwest corner of College and Chamberlin subject to the 10"sanitary sewer line that is located in the existing easement being moved to the satisfaction of the Water Utilities Department. Fittz&Shipman, Inc. is requesting the abandonment of a 5'x 121'sanitary sewer easement located on property at the northwest corner of Chamberlin and College. With the abandonment of this and adjacent easements to the west, the properties will better accommodate development. A proposed 15'utility easement is to be dedicated at the north end of the property to replace the abandoned easement. This item was sent to all interested parties. Water Utilities initially recommended denial of the request due to a 10" sanitary sewer line located in the existing easement. However, the engineer and Fittz&Shipman have worked out the moving of the line to the new easement. New lines and easements are in place. At a Joint Public Hearing held December 18, 2006, the Planning Commission voted 6:0 to approve a request to abandon a 5'sanitary sewer easement along the rear of Lots 22 and 23 and part of Lot 24, Block 3, Caldwood Acres Addition at the northwest corner of College and Page 10 of 16 Minutes-July 24,2007 Chamberlin subject to the 10" sanitary sewer line that is located in the existing easement being moved to the satisfaction of the Water Utilities Department. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A V WIDE SANITARY SEWER EASEMENT ALONG THE REAR OF LOTS 22 AND 23 AND PART OF LOT 24, BLOCK 3, CALDWOOD ACRES ADDITION AT THE NORTHWEST CORNER OF COLLEGE AND CHAMBERLIN STREETS IN BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED Ordinance 07-080 (Councilmember Samuel left the meeting at 2:15 p.m.) 10. Consider authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation(TxDOT)for the Old Dowlen Road Project. Administration recommended approval of a resolution authorizing the City Manager to execute a Local Transportation Project Award Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Project. The City of Beaumont has received Congestion Mitigation and Air Quality(CMAQ)funds to reconstruct Old Dowlen Road from a point 2200 feet west of Dowlen Road to its intersection with Dowlen Road. The proposed scope of work includes the construction of a two-lane concrete curb and gutter roadway with a continuous left-turn lane with transit turnouts. The City's participation in the$1,310,000 project is 20 percent or$262,000 of the total estimated cost. Additionally, Category 11 funding had been designated to construct Old Dowlen Road to State Highway (SH) 105. The scope of work for this project will include the construction of a four- lane concrete curb and gutter roadway and the relocation of the Old Dowlen and SH 105 intersection 500 feet to the west. When these projects were submitted for funding it was anticipated that the construction time between the projects would be several years. However,due to the availability of the Category 11 funding the entire project will be constructed at one time. The roadway will be constructed as a four-lane concrete curb and gutter street. Page 11 of 16 Minutes-July 24,2007 On May 1,2007,the City Council approved a revision to the agreements in which the CMAQ funding would be eliminated and an additional $2,690,000 would be added to the Category 11 funding. The City's participation in the$6,100,000 project is approximately 34 percent or $2,100,000 of the total estimated cost. The City was recently notified that TxDOT wished to execute a new agreement rather than revise the existing agreement. Approval of this proposed resolution is procedural in nature and will not impact the terms of funding approved by City Council in May of 2007. This project is funded as a part of the Capital Program. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THATTHE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION(TXDOT)FOR THE OLD DOWLEN ROAD PROJECT. Councilmember Wright seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED Resolution 07-219 11. Consider approving a resolution to accept the Downtown Improvements, Pearl Street(Calder Avenue to College Street), Bowie Street (Pearl Street to Main Street) and Liberty (Pearl Street to Main Street)Interlocking Concrete Brick Pavers Project,approve Change Order No. 3 and authorize final payment. Administration recommended acceptance of the project, approval of Change Order No. 3 in the amount of $4,408.69 and authorize final payment to Placo LTD. in the amount of $114,776.40. On May 17, 2005, the City Council awarded Placo, LTD. the contract for the Downtown Improvements on Pearl, Bowie and Liberty in the amount of$2,094,178.15. Change Order No. 1 was issued for the project. Change Order No.. 3 in the amount of$4,408.69 is required to adjust the estimated quantities on the project to reflect the actual quantities used during the performance of the project. This Change Order will increase the contract amount to $2,271,010.39. The MBE participation in the performance of the contract totals $473,717.68 representing 21% 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 in accordance with the provisions and terms set out in the contract. Funds are available in the Capital Program. Page 12 of 16 Minutes-July 24,2007 COuncilmember Coleman made a motion tO APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3 IN THE AMOUNT OF $4,408.69 INCREASING THE CONTRACT AMOUNT TO$2,271,010.39 AND THAT THE DOWNTOWN IMPROVEMENTS,PEARL STREET(CALDER AVENUE TO COLLEGE STREET),BOWIE STREET(PEARL STREET TO MAIN STREET),AND LIBERTY STREET(PEARL STREET TO MAIN STREET)INTERLOCKING CONCRETE BRICK PAVERS PROJECT BE AND THE SAME IS HEREBY ACCEPTED AND THE CITY MANAGER IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF$114,776.40 TO PLACO, LTD. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 220 (Councilmember Samuel returned at 2:19 p.m.) 12. Consider approving a payment to the Beaumont Council of Garden Clubs. Administration recommended the payment of$98,883.93 to the Beaumont Council of Garden Clubs for reimbursement of costs associated with Hurricane Rita repairs to the Beaumont Botanical Gardens and the Warren Loose Conservatory located in Tyrrell Park. The gardens and conservatory sustained tremendous damage as a result of Hurricane Rita. After the storm, City forces made reasonable emergency repairs to prevent further damage. Although the Garden Club maintains the buildings, they are City owned structures and are insured through the City's property insurance carrier. Preparing and substantiating claim costs for each facility has been a tedious and lengthy process. The Beaumont Council of Garden Clubs recognized that their facilities would be covered by the City's insurance but that repairs could not be completed prior to the 2005 winter season. Since they were concerned about the possible loss of the tropical plant collection, an anonymous garden club member loaned the Beaumont Council of Garden Clubs funds in the amount of$98,883.93 to make all of the needed repairs with the understanding that they would be reimbursed after payment was received from the City's insurance carrier. The City's public adjuster and the insurance carrier's adjuster have agreed to the submitted claims. Repairs related to hurricane damage include rebuilding a shelter, greenhouses, removal and replacement of fences, debris removal, construction of a storage facility, electrical repairs, and flag pole replacement. Attached is an itemized list of costs and payments made by the Beaumont Council of Garden Clubs for repairs. This expenditure will be funded from insurance proceeds. Page 13 of 16 Minutes-July 24,2007 Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVE PAYMENT OF$89,883.93 TO THE BEAUMONT COUNCIL OF GARDEN CLUBS FOR REIMBURSEMENT OF COSTS ASSOCIATED WITH HURRICANE RITA REPAIRS TO THE BEAUMONT BOTANICAL GARDENS AND THE WARREN LOOSE CONSERVATORY LOCATED IN TYRRELL PARK. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 221 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - THANKED MAYOR PRO TEM SAMUEL FOR INVITING HIM TO THE CONCERT IN THE PARK AT MAGNOLIA PARK, ANNOUNCED THAT THE SOUTH PARK NEIGHBORHOOD ASSOCIATION WILL MEET ON THURSDAY JULY 26,2007 AT 6:30 P.M., AT SOUTH PARK BAPTIST CHURCH IN THE FELLOWSHIP HALL, ALSO A TOWN HALL MEETING WILL BE HELD AT THE L.L. MELTON YMCA ON THURSDAY AUGUST 2,2007 AT 5:30 P.M.,CONDOLENCES TO THE BOBB FAMILY OF PORT ARTHUR,WHO LOST THEIR SON IN IRAQ THIS PAST WEEK MAYOR PRO TEM SAMUEL- COMMENTED ON THE CONCERT IN THE PARK AT MAGNOLIA PARK, GREAT TURNOUT, ALSO COMMENTED ON THE JAZZ FEST THIS WEEKEND, ENCOURAGED EVERYONE TO COME OUT AND JOIN IN THE FUN, ALSO THANKED THE CITY MANAGER AND PARK STAFF FOR THE WORK THEY DO DURING THE CONCERTS IN THE PARK COUNCILMEMBER PATE- COMMENTED ON THE CONCERT IN THE PARK AT MAGNOLIA PARK,GREAT TURNOUT,JAZZ INNOVATORS DID A FINE JOB, ALSO ENCOURAGED EVERYONE TO COME OUT TO THE JAZZ FEST THIS WEEKEND COUNCILMEMBER WRIGHT- STATED THAT SHE WAS SORRY THAT SHE MISSED THE CONCERTS IN THE PARK,WAS AWAY IN MAGNOLIA SPRINGS FOR A FAMILY REUNION COUNCILMEMBER BEAULIEU - NONE Page 14 of 16 Minutes-July 24,2007 COUNCILMEMBER COLEMAN - THANKED TOM WARNER AND HANI TOHME WHO HELPED CONSTITUENTS IN HIS WARD THAT HAD COMPLAINTS A FEW WEEKS AGO, ALSO WISHED THE OLD TOWN NEIGHBORHOOD ASSOCIATION GOOD LUCK ON THE PROJECT THEY ARE INVOLVED IN CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - ANNOUNCED THE 2ND ANNUAL JAZZ FEST AND ALL OF THE SPONSORS,ALSO ANNOUNCED THAT COUNCIL WILL HAVE A WORKSHOP ON TUESDAY JULY 31, 2007 AT THE ARTS MUSEUM AT 1:30 P.M. INSTEAD OF A COUNCIL MEETING, AS WELL AS WHAT WILL BE DISCUSSED IN THE WORKSHOP, COMMENTED ON THE WARD IV TOWN HALL MEETING ON AUGUST 2, 2007 AT 5:30 P.M. Public Comments (Persons are limited to three minutes) Mary Ann Mastrangelo 850 Avenue D Beaumont TX Thanked the City Manager for supporting their petition to HUD this year,thanked the Council and Mayor Pro Tern Samuel for taking the time to hear about their project.Apologized for not including the neighborhood in the process of this project. Bruce Hoffer 2615 Gladys Beaumont TX Addressed the issue of street problems at 11th St., between Delaware and 1-10 as well as along 7th St. and McFaddin, commented on the residential care facility for adult offenders, suggested that the facility be located on Calder instead of McFaddin, discussed soccer and welcomed the new Councilmember of Ward I, Dr. Coleman Gary L. Robbins 9805 Phelan Blvd. Beaumont TX Commented on the Phelan Blvd. Expansion Project, asked why the City is adding a 500' medium Marie Hubbard 1990 Nora Street Beaumont TX Spoke regarding herfriendship with CouncimemberCokinos, stated she has been receiving phone calls from citizens inquiring whether the Theodore Johns Library would be closing, inquired about the bricks on the MIX K Parkway and what will become of the them, asked that Councilmember Coleman check the high grass on the corner of Southerland Open session of meeting recessed at 2:42 p.m. Page 15 of 16 Minutes-July 24,2007 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Troy Haskin, Jr., a/n/f of Dominisha T. Haskin, A Minor Claim of Gloria Martinez a/n/f of Dalahia Martinex, A Minor Claim of Aurora Hector a/n/f of Ebony Johnson, A Minor Claim of Elizabeth Wrighting a/n/f of Quentaxia Wrighting, A Minor Claim of Valeria Griffin a/n/f of Tegan Griffin, A Minor Claim of April L. Harrison a/n/f of Aaron Harrison, A Minor Claim of Sheri and Lucinda Hilts a/n/f Sherri Hilts, A Minor Claim of Delia Masong There being no action taken in Executive Session, Council adjourned. Audio recordings are available upon request in the City Clerk's Office. Becky Ames,&fayor % tj, Tina Broussard, City Clerk t , Page 16 of 16 Minutes-July 24,2007