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MIN JAN 04 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I EVELYN M. LORD, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson,Ward III January 4, 2005 Audwin Samuel,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont,Texas,met in a regular session on January4,2005,atthe 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 11-16/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Rev. Craig Ashcraft of The Apostolic Church gave the invocation. Rev. Michael Labrie of The Apostolic Church led the Pledge of Allegiance. Roll call was made by Rose Ann Jones,City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames,Councilmembers Smith,Beaulieu, Cokinos and Patterson (arrived 1:38 p.m.);Absent: Councilmember Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions Recognize Dean Conwell, Executive Directorof Beaumont Convention and Visitor's Bureau and Staff on receiving the ConventionSouth Magazine's Inaugural Readers' Choice Award Public Comment: Persons may speak on scheduled agenda items 11-16/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of December 21, 2004 Confirmation of committee appointments - Resolution 05-001 Dora Nisby was reappointed to the Library Commission. The current term will expire December 12, 2006. (Councilmember Lulu Smith) Minutes-January 4,2005 Cindy Meyers was appointed as Chairman of the Animal Health Advisory Committee. The term will commence January 4, 2005 and expire January 3, 2006. (Mayor Evelyn M. Lord) Ann Reynolds was appointed as Vice-Chairman of the Animal Health Advisory Committee. The term will commence January 4,2005 and expire January 3,2006. (Mayor Evelyn M.Lord) Darla Bell was appointed as Chairman of the Community Development Advisory Committee. The term will commence January 4,2005 and expire January 3,2006. (Mayor Evelyn M.Lord) A) Authorize the acceptance of a ten foot(10')wide Water Line Easement out of the W.B. Dyches Survey, Abstract 17, and the H. Williams Survey, Abstract 56, and off the Folsom Road Extension - Resolution 05-002 B) Authorize the City Manager to increase the Water Treatment Plant 14 Million Gallons per Day Expansion and Miscellaneous Improvements Project amountfor"extra work."- Resolution 05-003 Council member Cokinos moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a zone change from RS(Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located on the east side of Old Voth Road, north of Lawrence Drive Administration recommended approval of a zone change from RS(Residential Single Family Dwelling)to GC-MD (General Commercial-Multiple Family Dwelling) District for property located on the east side of Old Voth Road, north of Lawrence Drive. In November,Mr.Craig states that he has determined that any single family residential development of less than 14 lots is unfeasible and therefore wishes to rezone the property to GC-MD. At a Joint Public Hearing held December 20, 2005,the Planning Commission voted 6:3 to approve the zone change from RS(Residential Single Family Dwelling)to GC- MD(General Commercial-Multiple Family Dwelling)District for property located on the east side of Old Voth Road, north of Lawrence Drive. Page 2 of 15 Minutes-January 4,2005 Councilmember Beaulieu moved to DENYTHE REQUEST FORAZONE CHANGE FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING)TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF OLD VOTH ROAD, NORTH OF LAWRENCE DRIVE. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a requestfora zone changefrom LI(Light lndustrial)to GC-MD-2 (General Commercial-Multiple Family Dwelling) District and a specific use permit to allow a halfway house in a GC-MD-2 District at 885 Crockett Administration recommended denial of a zone change from LI (Light Industrial)to GC- MD-2 (General Commercial-Multiple Family Dwelling) District and a specific use permit to allow a halfway house in a GC-MD-2 District at 885 Crockett. This request could be considered"spot zoning." City Manager Hayes addressed this zone change request and the reasons why it would be considered as "spot zoning." Merrick Brown,the applicant, is applying for a zone change from LI to GC-MD-2 and a specific use permit to allow a"three-quarter house"to house up to 50 non-violent ex- offenders in an existing structure at 885 Crockett Street. The16,560 sq.ft.structure is a former commercial building that will be remodeled to house the ex-offenders. At a Joint Public Hearing held December 20, 2004,the Planning Commission voted 9:0 to approve a zone change from LI to GC-MD-2 District for the property at 885 Crockett Street. Councilmember Beaulieu made a motion to DENYTHE REQUEST FORAZONE CHANGE FROM LI (LIGHT INDUSTRIAL) TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AND A SPECIFIC USE PERMIT TO ALLOW A HALFWAY HOUSE IN A GC- MD-2 DISTRICT AT 885 CROCKETT BUT FOR THE CITY TO ASSIST MR. BROWN IN FINDING A SUITABLE LOCATION AND A WAIVER OF FEES FOR HIS RE-APPLICATION. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU AND COKINOS NAYS: COUNCILMEMBER PATTERSON MOTION PASSED Page 3 of 15 Minutes-January 4,2005 3. Consider approving a request for a specific use permit to allow a photography and media services business in an RCR (Residential Conservation and Revitalization) District at 290 N. 10th Street - Ordinance 05-001 The Administration recommended approval of a specific use permit to allow a photographyand media services business in an RCR(Residential Conservation and Revitalization)District at 290 N. 10th Street with the recommendations of the Planning Commission. Leslee Jordan, the applicant, is requesting a specific use permit to allow a photography and media services business at 290 N. 10th Street. This location is the site of an existing commercial building. The type of business that Ms. Jordan is contemplating would include a photography studio and website development. The business will be open Monday- Saturday by appointment only. Ms.Jordan and two part-time employees will work at this location. At a Joint Public Hearing held December 20, 2004,the Planning Commission voted 9:0 to approve a specific use permit to allow a photography and media services business in an RCR District at 290 N. 10th Street subject to the following conditions: • Provide one disabled parking stall as per Texas Accessibility regulations. (Traffic Manager) • The parking lot must be paved with brushed or aggregate concrete, hot mix asphalt or masonry pavers. (Planning Manager) with a modification of the landscaping/screening requirements along the east property line and the west side of the parking lot. Councilmember Smith made a motion to ADOPT ORDINANCE 05-001GRANTING A SPECIFIC USE PERMIT TO ALLOW A PHOTOGRAPHY AND MEDIA SERVICES BUSINESS IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICTAT 290 N.10T"STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving a request for a specific use permit to allow swimming lessons in an RS (Residential Single Family Dwelling) District at 1265 Sandwood Street - Ordinance - 05-002 Page 4 of 15 Minutes-January 4,2005 The Administration recommended approval of a specific use permit to allow swimming lessons in an RS (Residential Single Family Dwelling) District at 1265 Sandwood Street with the recommendations of the Planning Commission. Stacey Hansard,the applicant, is requesting a specific use permitto allow swimming lessons at 1265 Sandwood Lane. Ms. Hansard proposes to conduct water survival instruction during the months of June and July. Lessons will be taught Monday through Thursday,9:00 a.m.to 5:00 p.m. During atypical session,8-10 students will be taught. Two instructors will teach the lessons. At a Joint Public Hearing held December 20, 2004,the Planning Commission voted 9:0 to approve a specific use permitto allowswimming lessons in an RS(Residential Single Family Dwelling) District at 1265 Sandwood Street subject to the following condition: • An off-street parking ratio of one space per instructor and one space perfour students in any one class shall be provided (Traffic Manager) and with a modification to the landscaping/screening requirements. Mayor Pro Tern Ames made a motion to ADOPT ORDINANCE 05-002 APPROVING A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW SWIMMING LESSONS IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 1265 SANDWOOD STREET. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving a request for a specific use permit to allow an art gallery/antique shop/gift shop in an RCR(Residential Conservation and Revitalization)District at 2520 North Street - Ordinance 05-003 The Administration recommended approval of a specific use permit to allow an art gallery/antique shop/gift shop in an RCR(Residential Conservation and Revitalization) District at 2520 North Street with modifications as recommended by the Planning Commission. David and Virginia Major,the applicants,are requesting a specific use permit to allow an art gallery/antique shop/gift shop at 2520 North. On the subject property is an existing structure that has been used for commercial uses in the past. There are existing parking lots in the front and rear yards. A free-standing sign will be installed that will meet the Historic District regulations. Hours of operation will be from Tuesday through Saturday, 9:00 a.m. - 5:30 p.m. Page 5 of 15 Minutes-January 4,2005 At a Joint Public Hearing held December 20, 2004,the Planning Commission voted 9:0 to approve a specific use permit to allow an art gallery/antique shop/gift shop in an RCR(Residential Conservation and Revitalization)District at 2520 North Street with a modification to the landscaping/screening requirements along the east and west property lines and the parking lots and require an 8'tall screening fence along the north end of the property line. Councilmember Smith made a motion to ADOPT ORDINANCE 05-003 GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ART GALLERY/ANTIQUE SHIP/GIFT SHOP IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 2520 NORTH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving a request for a specific use permit to allow a laundromat in an RCR (Residential Conservation and Revitalization) District at 4639 Highland - Ordinance 05-004 The Administration recommended approval of a specific use permit to allow a Laundromat in an RCR(Residential Conservation and Revitalization)District at4639 Highland subject to the conditions recommended by the Planning Commission. John Holm,the applicant,is requesting a specific use permit to allow a laundromat at 4639 Highland Avenue. Currently, there is a house and a garage apartment on the subject property. The house would be demolished to allow forthe construction of the 1,870 sq.ft. Laundromat. The garage apartment will remain. Immediately to the north of the proposed laundromat is a six stall car wash.The laundromat's hours of operation are currently set for being open from 9:00 a.m. to 9:00 p.m. At a Joint Public Hearing held December 20, 2004,the Planning Commission voted 9:0 to approve a specific use permit to allow a laundromat in an RCR (Residential Conservation and Revitalization) District at 4639 Highland subject to the following conditions: • Provide an 8'tall wood screening fence along the south and east property lines of the subject property. • Provide a 6' wide landscape strip along the west edge of the parking lot. and with a modification to the landscaping requirements along the south and east property lines. Page 6 of 15 Minutes-January 4,2005 Councilmember Beaulieu made a motion to ADOPT ORDINANCE 05-006 GRANTING A SPECIFIC USE PERMIT TO ALLOW A LAUNDROMAT IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 4639 HIGHLAND IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider approving a request for a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District on property located on the west side of Mercantile Street,approximately 125' north of Cardinal Drive - Ordinance 05-005 Administration recommended approval of a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District on property located on the west side of Mercantile Street, approximately 125'north of Cardinal Drive subject to the conditions recommended by the Planning Commission. Verizon Wireless, the applicant, is requesting a specific use permit to allow the construction of a 180'tall monopole cellular telephone transmission toweron the west side of Mercantile, approximately 190'north of Cardinal Drive. Access to the facility will be off of Mercantile Street. At a Joint Public Hearing held December 20, 2004, the Planning Commission voted 9:0 to approve a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District on property located on the west side of Mercantile Street, approximately 125' north of Cardinal Drive subject to the following conditions: • Three trees to be planted on each side as well as shrubs. • The wood fence should be tall enough to conceal the barbed wire along the top of the chainlink fence. Councilmember Smith made a motion to ADOPT ORDINANCE 05-005 GRANTING A SPECIFIC USE PERMIT TO ALLOW ACELLULAR TELEPHONE TRANSMISSION TOWER IN AGC- MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT ON PROPERTY LOCATED ON THE WEST SIDE OF MERCANTILE STREET,APPROXIMATELY 125' NORTH OF CARDINAL DRIVE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON Page 7 of 15 Minutes-January 4,2005 NAYS: NONE MOTION PASSED 8. Consider approving a request for a specific use permit to allow a hair salon in an RM- H (Residential Multiple Family Dwelling-Highest Density) District at 8155 Gladys - Ordinance 05-006 Administration recommended approval of a specific use permit to allow a hair salon in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 8155 Gladys. Kimberly Tompkins,the applicant, is requesting a specific use permit to allow her to operate Kim's Hair Studio at 8155 Gladys. The hair salon will encompass 800 sq.ft. and according to the site plan, will house four hair cutting stations. At a Joint Public Hearing held December 20, 2004,the Planning Commission voted 9:0 to approve a specific use permit to allow a hair salon in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 8155 Gladys. Councilmember Smith made a motion to ADOPT ORDINANCE 05-006 GRANTING A SPECIFIC USE PERMIT TO ALLOW A HAIR SALON IN A RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 8155 GLADYS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED 9. Consider approving a request for a specific use permit to allow a cellular telephone transmission tower in an LI (Light Industrial)District on property located on the south side of Villiva Lane, east of M.L.K. Parkway - Ordinance 05-007 Administration recommended approval of a specific use permit to allow a cellular telephone transmission tower in an LI (Light Industrial)District on property located on the south side of Villiva Lane, east of M.L.K. Parkway subject to the conditions recommended by the Planning Commission. Verizon Wireless, the applicant, is requesting a specific use permit to allow the construction of a 180'tall monopole cell ulartelephone transmission tower on the south side of the 800 block of Villiva Lane, east of Martin Luther King Parkway. Access to the facility will be off of Villiva Lane. Page 8 of 15 Minutes-January 4,2005 At a Joint Public Hearing held December 20, 2004,the Planning Commission voted 9:0 to approve a specific use permit to allow a cellular telephone transmission tower in an LI (Light Industrial)District on property located on the south side of Villiva Lane, east of M.L.K. Parkway subject to the following conditions: • Three trees be planted on each side as well as shrubs. • The wood fence be tall enough to conceal the barbed wire along the top of the chainlink fence. Mayor Pro Tern Ames made a motion to ADOPT ORDINANCE 05-007 GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TELEPHONE TRANSMISSION TOWER IN AN LI(LIGHT INDUSTRIAL) DISTRICT ON PROPERTY LOCATED ON THE SOUTH SIDE OF VILLIVA LANE,EAST OF M.L.K.PARKWAY,IN THE CITY OF BEAUMONT JEFFERSON COUNTY,TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU AND COKINOS NAYS: COUNCILMEMBER PATTERSON MOTION PASSED 10. Consider approving a request fora specific use permitto allow a pest control business and home inspection business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6550 Concord - Ordinance 05-008 Administration recommended approval of a specific use permit to allow a pest control business and home inspection business in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District at 6550 Concord subjectto the conditions recommended by the Planning Commission. Kenneth Carr,the owner of Guardtech Pest Management, Inc.and The Home Team Inspection Service, is requesting a specific use permit to allow the operation of a pest control service and home inspection service at 6550 Concord. The plans include the construction of a two story, 3,000 sq. ft. building and related parking and company vehicle storage. At a Joint Public Hearing held December 20, 2004,the Planning Commission voted 9:0 to approve a specific use permit to allow a pest control business and home inspection business in a GC-MD-2 District at 6550 Concord subject to the following condition: • Move the entire site plan 10' to the rear of the property to allow for the expansion of Concord Road and with a modification to the landscaping/screening requirements along the north, east and south property lines. Page 9 of 15 Minutes-January 4,2005 Councilmember Beaulieu made a motion to ADOPT ORDINANCE 05-008 GRANTING A SPECIFIC USE PERMIT TO ALLOW A PEST CONTROL BUSINESS AND HOME INSPECTION BUSINESS IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT AT 6550 CONCORD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED 11. Consider approving a request to abandon the 60'right-of-wayfrom Fannin Street Ditch to 311.42' south - Ordinance 05-009 Administration recommended approval of the request to abandon the 60'right-of-way from Fannin Street Ditch to 311.42' south. The abandonment request is for a portion of an unimproved 60' street right-of-way. This property is located to the west of Adam's Self Storage at 650 I H-10 S. Mr. Bruce Craig states that he would like to abandon the right-of-way so that he can clean it up and expand his self storage business. At a Regular Meeting held December 20,2004,the Planning Commission voted 9:0 to approve the request to abandon the 60' right-of-way from Fannin Street Ditch to 311.42' south. Councilmember Smith made a motion to ADOPT ORDINANCE 05-009 ENTITLED AN ORDINANCE ABANDONING THE 60'RIGHT-OF-WAY FROM FANNIN STREET DITCH SOUTH FOR 311.42',BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED 12. Consider approving a request for a historic preservation loan for renovations to the home at 2300 Harrison Street - Resolution 05-004 Administration recommended approval of the requestfora historic preservation loan for renovations to the home at 2300 Harrison Street. Page 10 of 15 Minutes-January 4,2005 The Pickens' have requested $3,500 to replace the roof. Payments will be$145.33 over a two year period. The Historic Preservation Loan program is funded with CDBG money. Mayor Pro Tern Ames made a motion to APPROVE RESOLUTION 05-004 AUTHORIZING THE CITY MANAGER TO APPROVE A HISTORIC PRESERVATION LOAN REQUEST FOR THREE THOUSAND FIVE HUNDRED DOLLARS($3,500)TO MR. AND MRS. CHARLES PICKENS FROM THE HISTORICAL PRESERVATION LOAN FUND TO REPLACE THE ROOF OF THE RESIDENTIAL STRUCTURE LOCATED AT 2300 HARRISON STREET. Councilmember Patterson seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED 13. Consider authorizing the City Managerto increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract VI I I Project amount for"extra work"-Resolution 05- 005 Administration recommended approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains ContractVlll Project amount by$423,955 to furnish and install 7,740 linear feet of 8-inch sanitary sewer pipe, 135 service line connections and 70 manholes. The existing sewer lines on and in the neighborhoods of Azalea Dr., Camellia, 231 Street,Shady Lane, Longfellow,and Wheat were built in 1960 and have deteriorated and require major rehabilitation. Councilmember Smith made a motion to APPROVE RESOLUTION 05-005 AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 IN THE AMOUNT OF $423,955 INCREASING THE CONTRACT AMOUNT TO$2,804,089.75[ALLCO,INC. FORTHESANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT VIII PROJECT]. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED Page 11 of 15 Minutes-January 4,2005 14. Consider approving a change order related to the Delaware Street Extension Project- Resolution 05-006 Administration recommended approving Change Order No.3 increasing the amount of the Delaware Street Extension contract by$294,990.00,for installing an additional 344 linear feet of 30 inch and 264 linear feet of 20 inch water transmission lines and appurtenances. Itemized work is shown in Change Order No. 3. Change Order No.3 funds are necessary for installing additional 30 inch and 20 inch water transmission lines across Major Drive and capped. These lines will be extended to two million elevated storage tanks on Dishman Road. Funds are available in the Water Utilities Capital Improvement Program. Councilmember Smith made a motion to APPROVE RESOLUTION 05-006 AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER NO. 3 IN THE AMOUNT OF $294,990 INCREASING THE CONTRACT AMOUNT TO $4,569,952.30 [TO BRYSTAR CONTRACTING, INC., FOR THE DELAWARE STREET EXTENSION PROJECT]. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED 15. Consider approving a contract with the Beaumont Chamber of Commerce for economic development purposes forthe period of January 1,2005 through December 31, 2005 - Resolution 05-007 Administration recommended awarding a contract to the Beaumont Chamber of Commerce in the amount of$65,000 for economic development purposes. Contract payments will be made quarterly. The funds will be used for marketing Beaumont and business retention/recruitment efforts. Administration is extremely pleased with the relationship between the City and the Chamber. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-007 AUTHORIZING THE CITY MANAGER TO EXECUTE ACONTRACT TO THE BEAUMONT CHAMBER OF COMMERCE AND THE CITY OF BEAUMONT IN THE AMOUNT OF$65,000 FOR ECONOMIC DEVELOPMENT PURPOSES FOR THE PERIOD JANUARY 1,2005 THROUGH DECEMBER 31, 2005. Councilmember Cokinos seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON Page 12 of 15 Minutes-January 4,2005 NAYS: NONE MOTION PASSED 16. Consider approving a contractwith Savannah Community Development Corporation for costs associated with the administration of the new home buyer application process - Resolution 05-008 Administration recommended that City Council authorize a contract with Savannah Community Development Corporation("Savannah")in the amount of$45,000.00 for costs associated with the administration of the new home buyer application process adopted by the City Council on November 9, 2004. Upon recommendation bythe U.S. Department of Housing and Urban Development ("HUD")and HUD's technical assistance provider,the Beaumont City Council and the City of Port Arthur adopted a uniform application process that will be operated by a single non-profit organization. Savannah has submitted a proposal to administerthis program. Costs will be shared equally between the Cities of Beaumont and Port Arthur. Janett Lewis, Housing Manager, was available to answer any questions. Funds are available from the 2003 HOME Program. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-008 AUTHORIZING THE CITY MANAGERTO EXECUTE ACONTRACT WITH SAVANNAH COMMUNITY DEVELOPMENT CORPORATION AND THE CITY OF BEAUMONT IN THE AMOUNT OF$45,000 FOR COSTS ASSOCIATED WITH THE ADMINISTRATION OF THE UNIFORM APPLICATION PROCESS ADOPTED BY RESOLUTION NO. 04-265 ON NOVEMBER 9, 2004. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER PATTERSON - HAPPY NEW YEAR; REQUESTED THAT THE WORKSHOP TO REVIEW THE ZONING SHOULD INCLUDE INCREASING THE RADIUS OF NOTIFICATION FOR ZONING CHANGES COUNCILMEMBER SMITH - NONE Page 13 of 15 Minutes-January 4,2005 COUNCILMEMBER BEAULIEU - AS LIAISON TO THE CVB, PARTICULAR CONGRATULATIONS TO THE CVB AND APPRECIATION TO THE STAFF AND THEIR LEADERSHIP FOR ALL THEIR HARD WORK CITY MANAGER HAYES - HAPPY NEW YEAR CITY ATTORNEY COOPER - HAPPY NEW YEAR MAYOR LORD - EXPLAINED THAT EACH COMMISSION HAS A COUNCIL LIAISON THAT SITS WITH EACH GROUP AND THEIR INVOLVEMENT IS APPRECIATED;ASKED THE CITYATTORNEY ABOUT THE CITY BEING ABLE TO TAKE MORE CONTROL OVER THE TRAIN WHISTLE BLOWING Public Comments (Persons are limited to three minutes) LeRoy Lewis III 7866 Gladys Street Beaumont TX Ideas for City Council:Wished everybody a Happy New Year,wants everybody to keep the tsunami victims in their prayers and pledges and the need for more improvements in the City for 2005 Marc Brosnahan 8380 Shenandoah Beaumont TX Concerned about the excessive length of the train whistles and the poor condition of the railroad cross roads;would like to donate his time to help solve this problem with the railroad Wilfred Richard 1825 Elgie Beaumont TX Requesting additional time to repair the structure on this location Mike Brosnahan 2718 Sabine Pass Beaumont TX Spoke against halfway houses being located in downtown Beaumont Roberto C. Flores 2425 Buchanan Beaumont TX Would like the "Beautify Beaumont" program to include improvement of the area along College Street as this is the main route for visitors coming in and out of the City Beverly L. Hatcher 7 Sandelwood Trail Beaumont TX Chairman of the Martin Luther King Park Commission:would like to continue as chairperson and would like the City to continue their support Open session of meeting recessed at 2:55 p.m. Page 14 of 15 Minutes-January 4,2005 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Penni Simonson, et al v City of Beaumont LesterJuneau, 11,et al v City of Beaumont(this second item was cancelled prior to executive session) There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. i Evelyn M. rd, Mayor uMC � !�1 11, W Rose Ann Jones, T C City Clerk 4W Page 15 of 15 Minutes-January 4,2005