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HomeMy WebLinkAboutMIN MAY 06 2008 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, Ward II Audwin Samuel, Mayor Pro Tem, Ward III May 6, 2008 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 May 6,2008,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 12-14/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Castile Colbert Jr., of Gospel of Jesus Christ Church gave the invocation. Mayor Pro Tern Samuel 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 "YMBL Rodeo Week"-May 5- 11, 2008-Proclamation read by Mayor Ames; accepted by Dohn LaBiche, Chairman, 2008 YMBL Chute-Out-Rodeo, and Mike Amy, 2008 YMBL President "National Transportation Week" - May 11 - 17, 2008 - Proclamation ready by Councilmember Pate; accepted by Danny Phillips with Sabine District Transportation Club i "Motorcycle S afet Y and Awareness Month - May, 2008 - Proclamation ready by Councilmember Beaulieu; accepted by David Dye, Sr Connie Teuscher and Tootsie Crutchfield with Beaumont Botanical Gardens presented Mayor and Council an invitation to the Grand Opening of the New Garden Center at Tyrrell Park Mayor Ames read the announcement about the Executive Session to be held at the conclusion of the General Business portion of the meeting. p 9 Minutes-May 6,2008 Public: Comment: Persons may speak on scheduled agenda items 12-14/Consent Agenda. None CONSENT AGENDA Approval of minutes - April 29, 2008 Confirmation of committee appointments - None A) Authorize the settlement of the claim of William Gardiner - Resolution 08 - 132 B) Authorize the City Manager to enter into a contract with AT&T forthe upgrade of the City Hall telephone system - Resolution 08 - 133 C) Approve a resolution accepting maintenance of the water and sanitary sewer improvements in Metropolitan Park Subdivision, Phase II - Resolution 08 - 134 D) Approve a resolution accepting maintenance of the water and sanitary sewer improvements in Metropolitan Park Subdivision, Phase III - Resolution 08 - 135 E) Authorize the settlement of the claim of Louis Bryant anf Precious Bryant, a Minor - Resolution 08 - 136 Mayor Pro Tern Samuel made a motion to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE �I MOTION PASSED GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located approximately 400' west of the intersection of Phelan and Major. Administration recommended approval of a request for a zone change from RS(Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located approximately 400'west of the intersection of Phelan and Major. Kerry Moncla has applied for the zone change. Page 2 of 17 Minutes-May 6,2008 Mr. Moncla states that the subject property is more conducive to commercial uses than residential. At a Joint Public Hearing held April 21, 2008, the Planning Commission recommended approval 8:1 of a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD(General Commercial-Multiple Family Dwelling)District on property located approximately 400' west of the intersection of Phelan and Major. COuncilmember Beaulieu moved tO ADOPTAN 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 APPROXIMATELY 400' WEST OF THE INTERSECTION OF PHELAN AND MAJOR, 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 08 - 029 2. Consider a request for a zone change from RS(Residential Single Family Dwelling) District and LI (Light Industrial)District to PUD(Planned Unit Development)District for the property located on the south side of Fannett Road, between Highway 69 and Walden Road. Administration recommended approval of a request for a zone change from RS(Residential Single Family Dwelling) District and LI (Light Industrial) District to PUD (Planned Unit Development) District for the property located on the south side of Fannett Road, between Highway 69 and Walden Road. Leonard Kirtman, representing Global Ventures, has applied for the zone change. Global Ventures has plans to develop the approximately 264 acres into a mixed residential and light commercial development. At a Joint Public Hearing held April 21, 2008, the Planning Commission recommended approval 7:2 of a request for a zone change from RS (Residential Single Family Dwelling) District and LI (Light Industrial) District to PUD (Planned Unit Development) District for the property located on the south side of Fannett Road, between Highway 69 and Walden Road. Page 3 of 17 Minutes-May 6,2008 Councilmember Pate 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 PUD (PLANNED UNIT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF FANNETT ROAD,BETWEEN HIGHWAY 69 AND WALDEN ROAD,BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;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 08 - 030 3. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD(General Commercial-Multiple Family Dwelling)District for the property at 554-598 Euclid. Administration recommended approval of a request for a zone change from RS(Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 554-598 Euclid. Sheri Arnold, representing TCRE, LLC, has applied for the zone change. The purpose of the zone change is to allow the construction of a new 63,355 sq.ft.Walgreens Pharmacy on the subject property. GC-MD zoning abuts the subject property to the north and east. The subject property will be combined with the property to the north to allow adequate room for construction. At a Joint Public Hearing held April 21, 2008, the Planning Commission recommended approval 9:0 of a request for a zone change from RS (Residential Single Family Dwelling) Districtto GC-MD(General Commercial-Multiple Family Dwelling)District at 554-598 Euclid. Councilmember Wright 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 554-598 EUCLID, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; 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 Page 4 of 17 Minutes-May 6,2008 NAYS: NONE MOTION PASSED Ordinance 08 - 031 4. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)District and LI (Light Industrial)District to RS(Residential Single Family Dwelling) District for the property located north of Fannett Road and west of 11 th Street. Administration recommended approval of a request for a zone change from GC-MD(General Commercial-Multiple Family Dwelling) District and LI (Light Industrial) District to RS (Residential Single Family Dwelling) District for the property located north of Fannett Road and west of 11 th Street. Felicia Young, representing Jehovah Jireh Village CDC, Inc., has applied forthe zone change. The purpose of the zone change is to allow the construction of single family residences for low to moderate income families. A preliminary plat of Phase I of this development is on the April 21St agenda, as well. Jehovah Jireh Village CDC, Inc. is associated with Antioch Baptist Church. In addition to this property,the church is developing a subdivision on Sarah Street, west of the Melton YMCA. At a Joint Public Hearing held April 21, 2008, the Planning Commission recommended approval 8:0 of a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District and LI (Light Industrial) District to RS (Residential Single Family Dwelling) District for the property located north of Fannett Road and west of 11th Street. 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 AND LI (LIGHT INDUSTRIAL) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED NORTH OF FANNETT ROAD AND WEST OF 11 T11 STREET,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 08 - 032 Page 5 of 17 Minutes-May 6,2008 5. Consider a request for an amended specific use permit to allow the expansion of an existing church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District for the property at 7595 Highway 105. Administration recommended approval of a request for an amended specific use permit to allow the expansion of an existing church in an RM-H (Residential Multiple Family Dwelling- Highest Density) District for the property at 7595 Highway 105. Gospel Center Church has applied for the amended specific use permit. In June, 2005, City Council approved a specific use permit to the church. The church currently occupies two existing buildings on the subject property. The purpose of the amended specific use permit is to allow an additional 8,960 sq. ft. of area to the existing buildings. At a Joint Public Hearing held April 21, 2008, the Planning Commission recommended approval 9:0 of a request for an amended specific use permit to allow the expansion of an existing church in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 7595 Highway 105 subject to the following condition: • Provide an 8' tall wood screening fence along the north property line for the length of the addition to the existing building. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO GOSPEL CENTER CHURCH LOCATED AT 7575 AND 7595 HIGHWAY 105 TO EXPAND THE EXISTING BUILDINGS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 033 6. Consider a request for an amended specific use permit to allow the expansion of an existing church in an RS (Residential Single Family Dwelling) District for the property at 1555 S. 23rd Street. Administration recommended approval of a request for an amended specific use permit to allow the expansion of an existing church in an RS (Residential Single Family Dwelling) District for the property at 1555 S. 23rd Street. Unity Church of Beaumont has applied for the amended specific use permit. An 1,800 sq.ft. addition will be constructed on the south side of the existing church building. Reverend Von Gyllenband states that the addition will serve the young people of the church. Page 6 of 17 Minutes-May 6,2008 At a Joint Public Hearing held April 21, 2008, the Planning Commission recommended approval 9:0 of a request for an amended specific use permit to allow the expansion of an existing church in an RS (Residential Single Family Dwelling) District at 1555 S. 23rd Street. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO UNITY CHURCH TO ALLOW FURTHER EXPANSION OF THE EXISTING BUILDING LOCATED AT 1555 S. 23RD STREET IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT. 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 08 - 034 7. Consider a request fora specific use permit to allow a pipe and supply company in a GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 1405 Ashley. Administration recommended approval of a request for a specific use permit to allow a pipe and supply company in a GC-MD(General Commercial-Multiple Family Dwelling)Districtfor the property at 1405 Ashley. ACT Pipe and Supply has applied for the specific use permit. Randall Hyatt, Area Manager for ACT, states that his company specializes in supplying products for underground utilities, plumbing,fire protection and fabrication sales. Customers include cities,contractors and schools located all over Texas. Business hours will be Monday - Friday, 7 a.m. - 5 p.m. At a Joint Public Hearing held April 21, 2008, the Planning Commission recommended approval 9:0 of a request for a specific use permit to allow a pipe and supply company in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1405 Ashley. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PIPE AND SUPPLY COMPANY IN A GC-MD (GENERALCOMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT LOCATED AT 1405 ASHLEY 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 Page 7 of 17 Minutes-May 6,2008 Ordinance 08 - 035 8. Consider a request for a specific use permit to allow mother-in-law quarters in an RS (Residential Single Family Dwelling) District for the property at 5110 Forsythe. Administration recommended approval of a request for a specific use permit to allow mother- in-law quarters in an RS(Residential Single Family Dwelling)Districtforthe property at 5110 Forsythe. Wesley Faul has applied for the specific use permit. Mr. Faul states that he would like to convert an existing 528 sq.ft. garage into living quarters for his aging mother. At a Joint Public Hearing held April 21, 2008, the Planning Commission recommended approval 9:0 of a request for a specific use permit to allow a mother-in-law quarters in an RS (Residential Single Family Dwelling) District at 5110 Forsythe, subject to the following condition: • The mother-in-law quarters shall not be rented and shall not have a separate electrical meter. COuncilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW MOTHER-IN-LAW QUARTERS IN AN RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5110 FORSYTHE 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 08 - 036 9. Consider a request for a specific use permit to allow a sleep lab in an RCR (Residential Conservation and Revitalization) District for the property at 2633 North Street. Administration recommended approval of a requestfor a specific use permit to allow a sleep lab in an RCR(Residential Conservation and Revitalization)District for the property at 2633 North Street. Micah Cooksey, representing Eastex Sleep Solutions, has applied for the specific use permit. Mr. Cooksey states that the 1,800 sq. ft. sleep lab will consist of two bedrooms, a reception area, work room, kitchen and a restroom downstairs. The upstairs area will not be utilized. Hours of operation will be 6 p.m. - 6 a.m. Page 8 of 17 Minutes-May 6,2008 At a Joint Public Hearing held April 21, 2008, the Planning Commission recommended approval 9:0 of a request for a specific use permit to allow asleep lab in an RCR(Residential Conservation and Revitalization) District for the property at 2633 North Street. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SLEEP LAB IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2633 NORTH STREET IN THE CITY OF 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 08 - 037 10. Consider a request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District for the property at 1620 Pennsylvania. Administration recommended approval of a request for a specific use permit to allow a beauty shop in an RCR(Residential Conservation and Revitalization)District for the property at 1620 Pennsylvania. Paulette James has applied for the specific use permit. In September, 2004, City Council approved a specific use permit to allow a beauty shop on the subject property. However, that beauty shop has been closed for over two years. The Zoning Ordinance states that once a business in an RCR District has been closed down for a period of a year or more, a new specific use permit is required. Ms. James states that she will be the only beautician. Hours of operation will be 8 a.m. - 6 p.m., Tuesday - Saturday. At a Joint Public Hearing held April 21, 2008, the Planning Commission recommended approval 9:0 of a request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization)District for the property at 1620 Pennsylvania. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BEAUTY SHOP IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR THE PROPERTY LOCATED AT 1620 PENNSYLVANIA 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 Page 9 of 17 Minutes-May 6,2008 NAYS: NONE MOTION PASSED Ordinance 08 - 038 11. Consider a request for a specific use permit to allow a law office in an RCR (Residential Conservation and Revitalization) District for the property at 2205 North Street. Administration recommended approval of a request for a specific use permit to allow a law office in an RCR(Residential Conservation and Revitalization)Districtforthe property at 2205 North Street. Carolyn Wiedenfeld has applied for the specific use permit. Ms.Wiedenfeld states that she is under contract to buy the house on North. She will live in the house and intends to use a room that was added earlier to the rear of the house as her office. This room has its own outdoor entrance. Ms. Wiedenfeld is a solo practitioner with one full- time employee and one part-time employee. A 2'x 3'sign will be placed next to the driveway on 6th Street. She states that she would typically see clients between 2 p.m and 5 p.m. Because Ms. Wiedenfeld expects clients, a specific use permit is required. At a Joint Public Hearing held April 21, 2008, the Planning Commission recommended approval 9:0 of a request for a specific use permit to allow a law office in an RCR(Residential Conservation and Revitalization) District for the property at 2205 North Street subject to the following conditions: • The structural support of the sign must be located at least 5' from the public right-of-way. The sign shall not exceed 6'in height and shall not be illuminated. • The attorney shall live in the house and be the only attorney practicing at this address. Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A LAW OFFICE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2205 NORTH STREET 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 08 - 039 Page 10 of'17 Minutes-May 6,2008 12. Consider authorizing the City Manager to execute a contract for the Water Treatment Plant Improvements Phase I Project. Administration recommended approval of a contract with Allco, Ltd., Beaumont,Texas, in the amount of $8,041,191.50 to complete the mechanical/electrical rehabilitation of three (3) pulsator clarifiers,furnish and install the peristatic chemical feed pumps as obtained from the equipment vendor, install two(2)owner-furnished packaged engine generators, metal-clad paralleling switchgear, and associated appurtenances, repair structural cracks and patch areas of spalled concrete in the three (3)pulsator clarifiers, and construct and complete the new chlorine and chemical feed facilities. The amount also includes alternative bid items for the removal and replacement of two(2)existing 48-inch flow meters and one(1)30-inch flow meterwithin existing meter vaults,demolition and disposal of the existing wood/steel walkway bridge and replacement of the existing 30-inch ductile iron raw water inlet pipe in three (3) existing pulsator clarifiers. The total amount of subcontracts with certified MBE firms is$447,134,which represents 5.56 percent of the total bid. This project is the construction phase of the improvements at the Water Treatment Plant including renovating the pulsators, and building new chlorine and chemical feed facilities.The pulsators were originally sedimentation basins constructed in 1948. During the 1980's, the basins were converted into the pulsators.The project will repair the numerous cracks on the walls and floors. The existing chemical feed facility was constructed in the 1980's and is in need of substantial renovation. The project will include miscellaneous mechanical and electrical improvements including a building with provisions for two (2) 150OKW Caterpillar generators.The changes will improve the future operation, provide emergency backup power, increase the efficiency of the Water Treatment Plant, and help the City meet required State and Federal regulations. Funds for the project are available in the Capital Program. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY ALLCO, LTD., BEAUMONT, TEXAS, FOR THE PROPOSED SURFACE WATER TREATMENT PLANT IMPROVEMENTS PHASE I PROJECT IN THE AMOUNT OF$8,041,191.50 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 137 13. Consider approving the renewal of the fire, extended coverage, flood and quake property insurance policy. Page 11 of 17 Minutes-May 6,2008 Administration recommended approval to renew the fire,extended coverage,flood and quake property insurance policy effective May 1, 2008 to McGriff, Seibels & Williams of Dallas, Texas in the amount of $1,110,366.61. The current property insurance policy awarded in 2007 included a three (3) year renewal clause on the primary property insurance. Last year's policy did not provide full windstorm coverage on all City properties. Windstorm coverage was provided by the Texas Windstorm Insurance Association (TWIA)but only on a portion of the properties. Those excluded were properties still under construction or renovation from Hurricane Rita damage and did not meet current windstorm certification requirements. Since Hurricane Rita, staff has diligently worked with the insurance carrier to settle all claims and make the appropriate repairs to damaged structures. All structures damaged have been repaired or reconstructed to meet all windstorm codes. The carrier was provided with a schedule of values of all City properties that reflect current building values and windstorm certifications. Fortunately, this year's policy will include windstorm coverage for all structures and does not require the City to bind separate coverage through TWIA. Last year's policy premium providing limited windstorm coverage was$737,905. The renewal policy is a rate reduction of 17.34%. The value per$100 coverage last year was$0.0070 and this year's renewal is $0.0058. The policy renewal will be in effect from May 1, 2008 to May 1, 2009. Funds for this project are available in the Public Works Building Utilities budget. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE RENEWAL OF THE FIRE, EXTENDED COVERAGE, FLOOD AND QUAKE PROPERTY INSURANCE IN THE AMOUNT OF$1,110,366.61 WITH MCGRIFF,SEIBELS&WILLIAMS OF DALLAS, TEXAS, EFFECTIVE MAY 1, 2008 TO MAY 1, 2009. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 138 14. Consider the award of a bid for Improvements to Rogers Park. Administration recommended the award of a bid to McInnis Construction of Silsbee, Texas in the amount of$1,523,000 plus $1.25 per square foot for soil stabilization if needed and executing Change Order No. 1 reducing the base bid by $57,262.50. Page 12 of 17 Minutes-May 6,2008 Improvements include a new community center,walking trail, landscaping, a new restroom facility, new basketball court, and an expanded parking lot with area lighting. In addition to the improvements, this contract includes the demolition of the existing community center, basketball court, cover and repairs to the fence between Miller Library and the park. The new 3,500 sq.ft. community center, designed by Architectural Alliance, Inc., will be the same floor plan as the recently completed community center at Central Park. Both Central Park and the proposed community center at Rogers Park have a maximum capacity of 200. The restrooms located atthe rearof the building's exterior, service both the community center guests and park visitors. In the proposed improvements, a separate restroom facility will be constructed. Other improvements include the construction of a new basketball court. The existing court and cover will be demolished and a new uncovered court will be constructed south of the tennis courts on Gladys. The existing metal structure covering the court was damaged during Hurricane Rita and due to its age and the deteriorated condition of the steel supports, it must be removed. The proposed concrete parking lot will have a separate drive for entering and exiting from Gladys Avenue and will provide more than 80 parking spaces. The proposed site improvements include new play mounds to enhance the playground activity and a new five (5) foot wide concrete walking trail. The trail is approximately 1,961 feet in length and winds throughout the tree shaded area of the park. The low bidder is McInnis Construction in the amount of $1,523,000. McInnis recently completed the Central Park Community Center located at 2925 Fannin. They plan to subcontract approximately 7% of the project to three (3) certified MBE or HUB companies. McInnis is aware of the City's goal to have 20% MBE participation. Two areas of work to be removed from the project are a portion of the walking trail and resurfacing the asphalt parking lot on Dowlen Road. In the original site plan the walking trail encircled the open fields on the west side of the park. Many local youth sports league groups use this area of the parkas a practice field,therefore, it was decided that deleting the walking trail from this area would not only reduce the cost but limit interference between players and walkers using the fields and trails. Funds for this project are available in the Capital Reserve Fund. The net cost after Change Order No. 1 is $1,465,737.50. COuncilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY MCINNIS CONSTRUCTION OF SILSBEE,TEXAS FOR A CONTRACT FOR IMPROVEMENTS TO ROGERS PARK IN THE AMOUNT OF$1,523,000 BE ACCEPTED BY THE CITY OF BEAUMONT. BE IT FURTHER RESOLVED THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 IN THE AMOUNT OF $17,262.50 TO REMOVE 6,905 FEET OF THE WALKING TRAIL AND AN ADDITIONAL AMOUNT OF $40,000 FOR THE REMOVAL OF THE RESURFACING OF THE ASPHALT PARKING LOT ON DOWLEN FOR A TOTAL OF $57,262.50, THEREBY DECREASING THE CONTRACT AMOUNT TO $1,465,737.50. Councilmember Coleman seconded the motion. Page 13 of 17 Minutes-May 6,2008 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 139 WORKSESSION • Review and discuss the towing of uninsured vehicles. The City Manager opened the worksession by discussing the towing of uninsured vehicles. State law requires that all motorist have car insurance, the Beaumont Police Department wrote more than 7,400 tickets in 2007 to citizens for not having proof of insurance,or roughly 20 tickets a day. The city would like to be more proactive in an effort to make Beaumont streets safer, and to protect the majority of the citizens who follow the law and have car insurance. The City's plan includes for the Purchasing Department to work with the Police Department to request proposals from the tow truck company's based in Beaumont,to secure a contract for picking up uninsured vehicles. A towing rate would be established in a contract similar to rates established in picking up abandon vehicles or City Fleet vehicles. The code of ordinances would need to be amended to allow for these tows,the administration would like to charge a $20.00 administrative fee per tow to help cover the City's cost for insuring that the contract is handled properly but also that citizens are charged the proper amount. The revenue generated may cover the cost of one or two police officers. It is the City's intent not to tow vehicles with children in the them, or leave citizens stranded. The intent is to give citizens the benefit of the doubt, however if they have other violations, such as out-dated inspection sticker, out-dated registration sticker or no drivers license with them,their vehicle would be towed. The city would use this practice until the State of Texas has a data, base that the police department can access to determine who has current insurance,that database is not available at this time. Police Chief Coffin was available if Council had any questions or concerns regarding the towing of uninsured vehicles. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - ENCOURAGED CITIZENS TO WRITE OR EMAIL COUNCIL TO GIVE INPUT ON TOWING OF UNINSURED VEHICLES, RED LIGHT CAMERAS, CHILDREN'S MUSEUM OR ANY OTHER ISSUES RELATING TO THE CITY, COUNCIL WOULD LIKE TO HEAR THEIR COMMENTS OR CONCERNS COUNCILMEMBER BEAULIEU - CONGRATULATED EVERYONE ON THE LAMAR UNIVERSITY CELEBRATION THAT TOOK PLACE OVER THE WEEKEND, COMMENTED ON THE YMBL RODEO AND THE OPENING OF THE BOTANICAL GARDENS Page 14 of 17 Minutes-May 6,2008 COUNCILMEMBER WRIGHT- COMMENTED ON THE NATIONAL DAY OF PRAYER AND THE MINISTERS THAT CAME OUT AND SHARED THEIR PRAYERS COUNCILMEMBER PATE - COMPLIMENTED PRESIDENT .JIMMY SIMMONS AND HIS LEADERSHIP AND THE GREAT THINGS THAT LAMAR DOES AS WELL AS THE YMBL RODEO, ANNOUNCED THE ANNUAL MEETING OF THE BETTER BUSINESS BUREAU ON TUESDAY, MAY 6, 2008, AT 7:00 P.M., THE SPEAKER FOR THE MEETING WILL BE STEVEN CUVEY, ALSO LOBSTERFEST WILL BE ON MONDAY, MAY 12, 2008 SPONSORED BY THE BEAUMONT CHAMBER OF COMMERCE MAYOR PRO TEM SAMUEL - SPOKE REGARDING THREE FAITH BASED ORGANIZATIONS THAT ARE DOING THEIR PART TO HELP THE CITY GROW AND PROSPER, COMMENTED ON PASTOR KENNEDY ANDREWS, WHO IS THE PASTOR OF HARVEST FOR LOST SOULS, WHO SPONSORED THE EVENING OF PRAYER ON THE NATIONAL DAY OF PRAYER FOR THOSE CITIZENS THAT WERE UNABLE TO ATTEND THE PRAYER AT CITY HALL DURING THE NOON HOUR, ALSO EVERY WEEK HIS CHURCH WILL BE VISITING THE NORTH END AND DOING A CLEAN UP, COMMENTED ON THE FARTHER DAUGHTER BANQUET HE ATTENDED WITH HIS DAUGHTER AT NEW DAY DELIVERANCE WITH PASTOR SHILO AND HIS CHURCH, COMMENTED ON THE FOOTBALL PROGRAM THAT IS COMING BACK TO LAMAR UNIVERSITY, ANNOUNCED THAT THE BRICKYARD NEIGHBORHOOD ASSOCIATION WILL HOST A CLEAN UP AND HEALTH SCREENING ON JUNE 21, 2008 COUNCILMEMBER SMITH- ANNOUNCED THAT MAY 24,2008 WILL BE THE LAST CLEAN UP PHASE FOR TYRRELL PARK,ALSO ON AUGUST 16,2008 THE "PRIDE OF BEAUMONT" WILL BE DOING A SCHOOL SUPPLY DRIVE AND HEALTH FAIR FOR THE KIDS ALONG WITH THE HELP OF THE CITY HEALTH DEPARTMENT AS WELL AS HAVING BARBERS COME OUT AND GIVE HAIR CUTS, ALSO INFORMATIONAL BOOTHS WILL BE SET UP SO THAT PARENTS WILL KNOW WHAT SERVICES ARE AVAILABLE FOR THEM, WISHED HIS SON JORDAN A HAPPY BIRTHDAY CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - REMINDED MAYOR AND COUNCIL OF THE LAW ENFORCEMENT MEMORIAL SERVICE TO BE HELD ON WEDNESDAY, MAY 7, 2008 AT 9:00 A.M. Page 15 of 17 Minutes-May 6,2008 MAYOR AMES - INFORMED COUNCIL AND THE POLICE DEPARTMENT THAT SHE WOULD BE UNABLE TO ATTEND THE LAW ENFORCEMENT MEMORIAL SERVICE AS SHE WILL BE OUT OF THE CITY Public. Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willowood Beaumont TX Read on remembrance of Memorial Day, commented on the exemption of taxes for seniors over age 65, asked that Combest Park have a sanitary facility as well as adult swings Rev. J. D. Roberts 5475 Landry Ln. Beaumont TX Spoke regarding the process of the Community Development Advisory Committee and the Community Development Block Grant when awarding organizations funds Christopher Jones 2250 Poplar St. Beaumont TX Announced that he was the newly elected president of the Charlton Pollard Neighborhood Association, also commented on running water on the street in the 2100 block of Poplar St. Bruce Hoffer 2615 Gladys Beaumont TX Announced the they are approaching the last week of spring soccer and they are in the process of fall registration with no geographical restrictions, commented on the no smoking ban, the hike and bike trail near the soccer field and if the city is planning to build public restroom facilities around the trails, the towing of uninsured motorist vehicles, red light cameras and the two full time municipal court judges Robert Preston 1190 Iowa Beaumont TX Commented on the discussion of the towing of uninsured motorist vehicles, questions regarding public integrity Ida Shaw 2425 W. Lucas Beaumont TX Spoke regarding damage to her home from the hurricane and the home later being destroyed by a fire Open session of meeting recessed at 2:25 p.m. Page 16 of 17 Minutes-May 6,2008 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Donald Jackson v. City of Beaumont City of Beaumont v. the Attorney General of the State of Texas, et. al. There being no action taken in Executive Session, Council adjourned. Audio is available upon request in the City Clerk's Office. Becky Ames, ayor � ` t,, Aa- %, Sf Tina Broussard, City Clerk �f1 Page 17 of 17 Minutes-May 6,2008