Loading...
MIN DEC 04 2007 M I N U T E S - CITY OF BEAUMONT W.L. Prate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Mayor Pro Tern,Ward III December 4, 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 December 4,2007at 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 10-13/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Councilmember Beaulieu 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 None Public Comment: Persons may speak on scheduled agenda items 10-13/Consent Agenda. None CONSENT AGENDA Approval of minutes - November 27, 2007 Confirmation of committee appointments - None Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Coleman seconded the motion. Minutes-December 4,2007 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a specific use permit to allow an office/retail building in an NC (Neighborhood Commercial) District at 1695 Franklin. Administration recommended approval of a request for a specific use permit to allow an office/retail building in an NC (Neighborhood Commercial) District at 1695 Franklin. Arden Diamantis has applied for a specific use permit to construct an office/retail building in an NC (Neighborhood Commercial) District. The property is located at 1695 Franklin. Mr. Diamantis plans to construct a 2,400 sq.ft.office/retail building with related parking. The building will be rented out to uses that will include, but not limited to, restaurants, convenient stores, barber shops and video stores. At a Joint Public Hearing held November 19, 2007, the Planning Commission voted 9:0 to approve a specific use permit to allow an office/retail building in an NC (Neighborhood Commercial) District at 1695 Franklin subject to the following conditions: • Provide one handicap stall • Construct an 8' tall wood screening fence along the southeast property line • Provide 15' side and rear building setbacks or get a variance to the side and rear yard building setbacks from the Board of Adjustment and with a modification to the landscaping requirement along southeast property line(5' wide landscape strip). Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN OFFICE/RETAIL BUILDING IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 1695 FRANKLIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE Page 2 of 15 Minutes-December 4,2007 MOTION PASSED Ordinance 07- 115 2. Consider approving a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 610 W. Lucas. Administration recommended approval of a zone change from RS(Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 610 W. Lucas. Kathy Scott has applied for a zone change from RS (Residential Single Family Dwelling) District to GC-MD(General Commercial-Multiple Family Dwelling)District or more restrictive district. The property is located at 610 W. Lucas (Old Lucas). Ms. Scott recent) attempted to et a certificate of occupancy to lease the commercial building Y p get Y 9 located on the subject property. The building is to be leased to American Marine and RV Financial Services. At that time, it was discovered that the property's zoning is split between RS and GC-MD. Ms. Scott states that the building has been used by a variety of commercial uses over the years. In order to correct this zoning oversight, she is requesting that Lot 8 be rezoned to GC-MD to match the rest of her property and to make it legal to lease her building. At a Joint Public Hearing held November 19, 2007,the Planning Commission voted 8:0:1 to approve a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 610 W. Lucas. Councilmember Smith made a motion 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 610 W.LUCAS,BEAUMONT,JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. 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- 116 Page 3 of 15 Minutes-December 4,2007 3. Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow warehousing and a meeting room on property located at the northeast corner of Milam and Denton Drive. Administration recommended approval of a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow warehousing and a meeting room on property located at the northeast corner of Milam and Denton Drive. Fittz&Shipman, Inc. has applied for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family-2) District. Cowboy Harley has plans to construct a 30,000 sq.ft.structure to provide warehouse space for its retail facility and a meeting room for customers. They will span Hillebrandt Bayou with a pedestrian/motorcycle bridge to provide access between the retail store facing 1-10 and the subject property. DD#6 approval will be needed for the crossing. At a Joint Public Hearing held November 19, 2007, the Planning Commission voted 9:0 to approve a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) Districtto GC-MD-2(General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow warehousing and a meeting room on property located at the northeast corner of Milam and Denton Drive subject to the following conditions: • An 8'tall wood screening fence and a 10'wide landscape strip will be required along the north property line and a 6'wide landscape will be required along the parking lot frontage along Milam and Denton and interior landscape islands installed. • Two handicap stalls will be required. Councilmember Beaulieu made a motion 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT TO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF MILAM AND DENTON DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 117 Page 4 of 15 Minutes-December 4,2007 Consider approving a request for a specific use permit to allow warehousing and a meeting room on property located at the northeast corner of Milam and Denton Drive. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW WAREHOUSING AND A MEETING ROOM IN A GC-MD- 2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF MILAM AND DENTON DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 118 4. Consider approving a request for an HC-L (Historic-Cultural Landmark Preservation Designation) at 1822 Broadway. Administration recommended approval of requestforan HC-L(Historic-Cultural Landmark Preservation Designation) at 1822 Broadway. George and Sandra Bullington have requested an HC-L (Historic-Cultural Landmark Preservation Designation) for their home at 1822 Broadway. The Bullingtons will also be applying for an historical designation through the State of Texas. O.H. Pennock Jr.was the original owner of the home. Mr. Pennock contributed greatly to the economic growth of Beaumont. He was an accomplished businessman with interests in finance, real estate and insurance. The home was one of the first Arts and Crafts and Neo-Classical (also referred to as the "National Phase") bungalow style homes built in Beaumont. At a Joint Public Hearing held November 19, 2007, the Planning Commission voted 9:0 to approve a request for an HC-L(Historic-Cultural Landmark Preservation Designation)at 1822 Broadway. At a Regular Meeting held November 5,2007,the Historic Landmark Commission voted 9:0 to approve a request for an HC-L (Historic-Cultural Landmark Preservation Designation)at 1822 Broadway. Councilmember Coleman made a motion 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 ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION DESIGNATION)AT 1822 BROADWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS; Page 5 of 15 Minutes-December 4,2007 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- 119 5. Consider approving a request for a specific use permit to allow an assisted living facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District on property located on the east side of S. Major Drive, south of Pevito. Administration recommended approval of a request for a specific use permit to allow an assisted living facility in a GC-MD-2 District on property located on the east side of S. Major Drive, south of Pevito. Centex Management Company is requesting a specific use permit to allow an assisted living facility in a GC-MD-2 District. The property is located on the east side of S. Major, south of Pevito. James W. Moore Sr.states that the 42,500 sq.ft. assisted living complex will include 54 units with related parking. The subject property will be accessed from a new road off of S. Major Drive. The building will be one story and will be of brick construction. At a Joint Public Hearing held November 19, 2007, the Planning Commission voted 9:0 to approve a specific use permit to allow an assisted living facility in a GC-MD-2 District on property located on the east side of S. Major Drive, south of Pevito, subject to the following condition: • A sidewalk will be required along S. Major Drive Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ASSISTED LIVING FACILITY IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)ON THE EAST SIDE OF S.MAJOR DRIVE, SOUTH OF PEVITO IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 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- 120 Page 6 of 15 Minutes-December 4,2007 6. Consider approving a request for a zone change from GC-MD(General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District on property located on the south side of Sarah, approximately 712 feet west of Warren. Administration recommended approval of a zone change from GC-MD(General Commercial- Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District on property located on the south side of Sarah, approximately 712 feet west of Warren. Mark W. Whiteley & Associates is requesting a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District for 9.9 acres located on the south side of Sarah, approximately 712 feet west of Warren. Antioch Missionary Baptist Church plans to develop the Jehovah Jireh Village Addition, a single family residential subdivision, on the subject property. Since single family homes are not permitted in the GC-MD District, a zone change is necessary. At a Joint Public Hearing held November 19, 2007, the Planning Commission voted 9:0 to approve a zone change from GC-MD(General Commercial-Multiple Family Dwelling)District to RS (Residential Single Family Dwelling) District for property located on the south side of Sarah, approximately 712 feet west of Warren. Councilmember Smith made a motion 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF SARAH, APPROXIMATELY 712 FEET WEST OF WARREN, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY.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- 121 7. Consider approving a request for a specific use permit to allow a tire repair shop in an NC (Neighborhood Commercial) District at 1698 Franklin. Administration recommended approval of a request for a specific use permit to allow a tire repair shop in an NC (Neighborhood Commercial) District. Arden Diamantis has requested a specific use permit to allow a tire repair shop in an NC (Neighborhood Commercial) District. The property is located at 1698 Franklin. Page 7 of 15 Minutes-December 4,2007 The proposed tire repair shop will be located in one-half of an existing 1,248 sq. ft. building. The other half of the building is currently occupied by a barbershop. The building was originally a service station. The tire repair shop's hours of operation will be 7 a.m. - 5 p.m., Monday - Saturday. Parking for the facility already exists. At a Joint Public Hearing held November 19, 2007, the Planning Commission voted 9:0 to approve a specific use permit to allow a tire repair shop in an NC (Neighborhood Commercial) District at 1698 Franklin subject to the following condition: • Provide one handicap stall. COuncilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TIRE REPAIR SHOP IN AN NC (NEIGHBORHOOD COMMERCIAL)DISTRICT FOR PROPERTY LOCATED AT 1698 FRANKLIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 122 8. Consider approving a request for a specific use permit to allow a restaurant in an RCR (Residential Conservation and Revitalization) District at 2910 Concord. Administration recommended approval of a request for a specific use permit to allow a restaurant in an RCR(Residential Conservation and Revitalization)District at 2910 Concord. Arden Diamantis has requested a specific use permit to allow a restaurant in an RCR District for property located at 2910 Concord. The 600 sq. ft. restaurant will provide food-to-go. The restaurant will require 12 parking spaces. 10 parking spaces are provided. Six of those parking spaces will need to be redesigned to provide adequate aisle width. At a Joint Public Hearing held November 19, 2007, the Planning Commission voted 9:0 to approve a specific use permit to allow a restaurant in an RCR(Residential Conservation and Revitalization) District at 2910 Concord subject to the following conditions: • Provide 12 parking spaces or get a special exception to the parking requirement from the Board of Adjustment. One of those parking spaces shall be a handicap stall. • Provide an 8'tall wood screening fence and a 10'wide landscape strip along the northeast side of the property • Provide a 6' wide landscape strip along the entire frontage of the parking lot Page 8 of 15 Minutes-December 4,2007 and with a waiver of the landscape/screening requirements along the northwest side of the property (no 8' tall wood screening fence or 10' landscape strip). Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT FOR PROPERTY LOCATED AT 2910 CONCORD 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- 123 9. Consider approving a request for an amendment to the Zoning Ordinance, Section 30-24 and 30-33 to restrict the parking of commercial vehicles with more than two axles or that have a rated carrying capacity in excess of two tones on undeveloped properties zoned GC-MD (General Commercial-Multiple Family Dwelling) District. Administration recommended approval of a request for an amendment to the Zoning Ordinance, Section 30-24 and 30-33 to restrict the parking of commercial vehicles with more than two axles or that have a rated carrying capacity in excess of two tons on undeveloped properties zoned GC-MD (General Commercial-Multiple Family Dwelling) District. The Community Development Department has been receiving complaints about the parking of large commercial trucks on undeveloped properties zoned GC-MD(General Commercial- Multiple Family Dwelling) District. The problem stems from vacant properties being owned by or leased to owners of large commercial trucks who need a place to park their vehicles when not on the road. The Zoning Ordinance currently allows by-right the parking of vehicles, including large trucks, as a primary use on properties zoned GC-MD, CBD, C-M, LI and HI. A specific use permit is required for such parking in the RCR, NC and GC-MD-2 Districts. The parking of large trucks can impact those areas where GC-MD zoning is adjacent to or near residential zoning. Unlike those residential areas adjacent to RCR, NC and GC-MD-2 zoning,those individuals living adjacent to GC-MD zoned properties have little or no say on whether large trucks can be parked on those properties. At a Joint Public Hearing held November 19, 2007, the Planning Commission voted 9:0 to approve a request for an amendment to the Zoning Ordinance, Section 30-24 and 30-33 to restrict the parking of commercial vehicles with more than two axles or that have a rated carrying capacity in excess of two tons on undeveloped properties zoned GC-MD (General Commercial-Multiple Family Dwelling) District. Page 9 of 15 Minutes-December 4,2007 Mayor Pro Ten Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30,ARTICLE II,SECTION 30-2413,PERMITTED USE TABLE,TO RESTRICT THE PARKING OF COMMERCIAL VEHICLES WITH MORE THAN TWO AXLES OR THAT HAVE A RATED CARRYING CAPACITY IN EXCESS OF TWO TONS ON UNDEVELOPED PROPERTIES ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT AND TO ADD SECTION 30-33(B) (25), OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. 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- 124 10. Consider approving a request for a historic preservation loan for repairs to a building at 730 Liberty. Administration recommended approval of the request for a historic preservation loan for repairs to a building at 730 Liberty. Leo and Pam Danna are requesting historic preservation loan money in the amount of $50,000. Work to be done to the exterior of the building includes brick work, sandblasting walls, repairing windows and waterproofing and painting walls. The terms of the loan will be $833.33 per month for 48 months. This building is the site of the current Salad Soulmates salad dressing manufacturer and the former site of the Quality Cafe. The building was badly damaged during Hurricane Rita. In trying to determine what to do with the building after the storm,the Dannas decided to expand the salad dressing business and to provide a smaller restaurant/retail space than what previously existed. The building is part of the Downtown National Register Historic District. In addition to the use of personal funds,the Dannas will be using funds from Community Bank and Build Inc. (Main Street Program). The Historic Preservation Loan Program was created to assist property owners of historic structures with renovations to those structures. The loans are interest free and must be used only for renovations done to the exterior of the building. The maximum payback period is ten years. The properties must be insured and free of back taxes. The request for a loan is initially reviewed by the Historic Landmark Commission which then makes a recommendation to City Council. At a Regular Meeting of the Historic Landmark Commission held on November 5, 2007, the Commission voted 9:0 to approve the historic preservation loan for repairs to a building at 730 Liberty. Page 10 of 15 Minutes-December 4,2007 The Historic Preservation Loan program is funded with CDBG money. Currently, there is approximately $54,000 in the Preservation Loan Account. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE A HISTORIC PRESERVATION LOAN FROM THE HISTORIC PRESERVATION LOAN FUND IN THE AMOUNT OF$50,000 TO LEO AND PAM DANNA FOR RENOVATION OF THE RESIDENCE AT 730 LIBERTY,BEAUMONT,TEXAS. WORK TO BE DONE TO THE EXTERIOR OF THE BUILDING INCLUDES BRICK WORK, SANDBLASTING WALLS, REPAIRING WINDOWS AND WATERPROOFING AND PAINTING WALLS. 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- 393 11. Consider authorizing the City Manager to execute a contract for the West Elevated Water Storage Tank Improvements Project. Administration recommended approval of a contract with Gulf States Protective Coatings, Inc., La Porte, Texas, in the amount of$109,000.00 to replace the existing clear coat on the 1 MG Tank on Liberty by IH-10, install two "BEAUMONT" emblems on the tank that will be visible from IH-10 and install two"BEAUMONT"emblems on the Southwest Elevated Storage Tank located on Washington Blvd near IH-10. The West Elevated Water Storage Tank was constructed in 1950.The exterior and/or interior of the tank has been rehabilitated nine times since it was placed in service. The most recent rehabilitation(2002)included structural repairs and painting of the interior and exterior of the tank.The clear coat on the tank has severely deteriorated and must be replaced to extend the service life of the paint. Due to the tanks visibility from Interstate 10, City of Beaumont emblems will be added to the two tanks to help promote the City. Funds for the project are available in the Capital Program. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT IN THE AMOUNT OF $109,000 WITH GULF STATES PROTECTIVE COATINGS,INC., LAPORTE,TEXAS,FOR THE WEST ELEVATED WATER STORAGE TANK IMPROVEMENTS PROJECT. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE Page 11 of 15 Minutes-December 4,2007 MOTION PASSED Resolution 07- 394 12. Consider amending the 2004 and 2006 Community Development Block Grant Budgets of the Consolidate Grant Program. Administration recommended Council make three amendments: 1)reallocate$90,000 from the 2004 Small Business Revolving Loan line item to the 2006 Infrastructure line item; 2) reallocate $32,000 from the 2006 Small Business Revolving Loan line item to the 2006 Infrastructure line item; and, 3)reallocate$80,000 from the 2006 Small Business Revolving Loan line item to a 2006 Public Facilities and Improvements line item. Amendments one and two ($122,000) will be added to an existing $85,000 in the 2006 Infrastructure line item to be used to construct a curb and gutter street which will support approximately 18 affordable single family residential homes, ranging in cost from$70,000 to $100,000,for low to moderate income families.This will be the first phase of a larger 10 acre development located behind Antioch Baptist Church. The third amendment($80,000)will be used to rehabilitate Stewart's Halfway House,a non- profit organization housing mentally disabled persons,which closed August of 2006, due to an accident that forced a City Bus into the east side of the structure. In accordance with the U. S. Housing and Urban Development's Statutory Requirements relating to Citizen Participation (24CFR91.105), City Council conducted a Public Hearing, October 30, 2007. The projects are eligible expenditures under HUD Guidelines and the reallocation of 2004 program funds will help close out the 2004 Program Year. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO AMEND AND REALLOCATE THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND BUDGETS. 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 Resolution 07- 395 13. Consider approving the purchase of generators and paralleling switchgear for the Water Treatment Plant. Page 12 of 15 Minutes-December 4,2007 Administration recommended the purchase of two (2) Caterpillar model 3512C diesel generators for$415,095 each and utility paralleling switchgear for$887,469.50 from Mustang Cat of Houston through the BuyBoard contract. The total purchase price is $1,717,659.50. The City retained the services of Freese and Nichols, Inc. to evaluate and design a back-up power system to maintain the Water Treatment Plant during power shutdowns and emergency situations. Currently there is one (1) Caterpillar generator on the site. Operation of the generator has not been sufficient to deliver water to the residents of Beaumont during power shutdowns. To meet the projected demands and provide power system demands during emergency situations, two (2) additional generators are recommended. The new emergency power generators are 1,500 kilowatt,2,400 volt generators powered by Caterpillar 3512C diesel engines that meet Tier II Environmental Protection Agency (EPA) emission standards.Warranty service will be provided by Mustang Cat in Beaumont. Delivery is expected approximately March 2008. The purchase will be made through the Texas Association of School Boards (TASB) BuyBoard cooperative purchasing program. The Texas Local Government Purchasing Cooperative, administered by TASB, complies with all state bidding statutes. Membership with BuyBoard allows municipalities to purchase items at discounted prices from their contracted vendors. Funds are budgeted in the Capital Project. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWO (2) CATERPILLAR MODEL 35120 DIESEL GENERATORS FOR$415,095 EACH AND A UTILITY PARALLELING SWITCHGEAR FOR$887,469.50, RESULTING IN A TOTAL PURCHASE PRICE OF$1,717,659.50,FROM MUSTANG CAT OF HOUSTON, TEXAS, FOR THE WATER TREATMENT PLANT THROUGH THE TEXAS ASSOCIATION OF SCHOOL BOARDS(TASB)BUYBOARD COOPERATIVE PURCHASING PROGRAM.Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 396 Public: Comments (Persons are limited to three minutes) Bruce Hoffer 2615 Gladys Beaumont TX Spoke regarding Beaumont Youth Soccer last weekend and another tournament will be held this weekend, also thanked Council for the lights that are scheduled to be installed as requested at the entrance of the field Page 13 of 15 Minutes-December 4,2007 John R. Adoplh 3920 W. Cardinal Dr. Beaumont TX Thanked Council, City Manager and Johnny Beatty for what they have done for the Jehovah Jireh Village,for being able to move people from poverty to financial solvency through home ownership WORKSESSION Review and discuss the permitting process for seismic testing within the city Mayor Ames opened the worksession with Councilmembers asking questions of Lake Ronel Oil Company representatives Fred Griggs and Hoke Peacock, there were comments and questions by Council,the main topic of the worksession dealt with the footage of the seismic testing. In a previous worksession held December 4, 2007, Lake Ronel Oil Company requested that Council consider changing the footage from 2,000 feet to 500 feet. Council had great concerns regarding the change in footage as well as the damage to citizens property and who would be held liable. Council was in agreement that it would approve 750 feet instead of 500 feet for Lake Ronel Oil Company to do the seismic testing in the City of Beaumont and a permit would be issued in that amount. COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - COMMENTED ON THE 5K FUN RUN, THE VERY MERRY MAIN STREET, THE TREE LIGHTING CEREMONY AND CHRISTMAS PARADE,COMMENTED ON THE MAYOR BEING ON THE COVER OF VIP MAGAZINE AS WELL AS THE GRAND OPENING OF LEGACY CHRISTIAN ACADEMY WHICH USED TO BE CATHEDRAL IN THE PINES HIGH SCHOOL COUNCILMEMBER BEAULIEU - COMMENTED ON THE GRAND MARSHALS, THE TREE LIGHTING CEREMONY AND THE GOSPEL CONCERT AT THE JULIE ROGERS THEATRE ALSO WELCOMED THE MAYOR HOME COUNCILMEMBER WRIGHT- CONGRATULATED MAYOR PRO TEM SAMUEL FOR BEING ON THE BOARD OF DIRECTORS OF THE NATIONAL LEAGUE OF CITIES, COMMENTED ON THE HARMONY SCIENCE ACADEMY RIBBON CUTTING AND THE CHRISTMAS PARADE,WELCOMED THE MAYOR BACK TO THE CITY COUNCILMEMBER PATE - COMMENTED ON THE HARMONY SCIENCE ACADEMY, ALSO ATTENDED THE WORLD AIDS DAY PROGRAM AND THE CHRISTMAS PARADE, COMMENDED MAYOR PRO TEM FOR A WONDERFUL JOB ON EVERYTHING HE DID ON SATURDAY Page 14 of 15 Minutes-December 4,2007 AS WELL AS FLIPPING THE SWITCH FOR THE TREE LIGHTING CEREMONY MAYOR PRO TEM SAMUEL - EXCITED ABOUT WHAT IS GOING ON AT THE HARMONY SCIENCE ACADEMY,COMMENTED ON THE RIBBON CUTTING FOR THE GRAND OPENING OF BLING JEWELRY STORE ON 11T" STREET, THE GROUND BREAKING CEREMONY EXPANSION OF BAPTIST HOSPITAL,COMMENTED THAT THE PARADE WAS EXCELLENT, THE COMMITTEE DID A GREAT JOB, COMMENTED ON THE 1ST ANNUAL GOSPEL CONCERT AND THE GREAT JOB THE CHURCH CHOIRS DID,WELCOMED THE MAYOR BACK TO THE CITY COUNCILMEMBER SMITH- ANNOUNCED THE YMBL BASKETBALL TOURNAMENT AT THE MONTAGNE CENTER THURSDAY THRU SATURDAY ENCOURAGED EVERYONE TO ATTEND, ANNOUNCED THE SOUTH PARK NEIGHBORHOOD ASSOCIATION CHRISTMAS PARTY ON THURSDAY, COMMENTED ON PHASE II OF THE NEIGHBORHOOD CLEANUP THAT WILL TAKE PLACE ON DECEMBER 15,2007,WELCOMED THE MAYOR BACK TO THE CITY CITY ATTORNEY COOPER - COMMENTED ON MADNONNIE.COM CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON HER TRIP TO GERMANY FOR THE CHRISTENING AND SHIP NAMING CEREMONY BY MERICK SHIP BUILDING COMPANY WHO NAMED A SHIP AFTER BEAUMONT,TEXAS,WHICH IS THE LARGEST AND FASTEST CARGO SHIP There being no further business, Council adjourned at 3:50 p.m. Audio tapes are available upon request in the City Clerk's Office. Becky Ame yor UMp I V 11 If V Tina Broussard,9City Clerk /01i 20� Page 15 of 15 Minutes-December 4,2007