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HomeMy WebLinkAboutMIN AUG 24 2004 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith EVELYN M. LORD, MAYOR Nancy Beaulieu Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson August 24,2004 Audwin Samuel Lane Nichols, 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 August 24,2004, 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 9-14/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Pastor Winston Hancock of the Parkside Christian Church gave the invocation. Councilmember Samuel 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, Coki nos, Patterson and Samuel. Also present were Kyle Hayes,City Manager; Lane Nichols,City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions 1. Celebration for Women's Week Mayor Pro Tern Ames read a proclamation declaring August 23 - 28, 2004 as "Celebrate Women Week." The women honored were Geraldine Beckett, Tamerla Chavis,Winona Frank, Rachel Hebert,Evelyn Lord,Vi McGinnis and Alice Jefferson- Taylor;Ann Polk gave an acceptance speech on behalf of the 1 st Pioneer Women's Organization of Beaumont 2. Adopt-A-Street Program Mack Mitchell,Clean Community Coordinator,presented two new groups to the Adopt- A-Street Program. In Ward II, the Caldwood Neighborhood Association, adopted Laurel Street,23`d Streetto IH-10 and was represented by Edward Hall. In Ward III,the Emmanuel S.D.A. Church, adopted Magnolia Street from Weiss to Lucas and coordinated by Pastor Nicholus. Minutes-August 24,2004 Public Comment: Persons may speak on scheduled agenda items 9-14/Consent Agenda. None CONSENT AGENDA Approval of minutes- Minutes of August 17, 2004 Confirmation of committee appointments - Gene Arnold would be reappointed to the Small Business Revolving Loan Fund Advisory Committee. The current term would expire June 22, 2006 - Resolution 04-187 A) Approve a contract for container and solid waste collections - Resolution 04-188 B) Adopt the National Incident Management System (NIMS) as the recognized incident management system forthe City of Beaumont for all public safety agencies-Resolution 04- 189 C) Amend an agreement with LightCore to install an additional 2,827 feet of fiber optic cable in the public right of way - Resolution No. 04-190 D) Authorize the acceptance of a 16'x 510'(0.187 acre)tract of land in the Calder Place Addition conveyed to the City of Beaumont by Charles G. Hooks III and Sue Ann Hooks for utility improvements - Resolution No. 04-191 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, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a zone change from GC-MD(General Commercial- Multiple Family Dwelling)to LI (Light Industrial) District and a specific use permit to allow a machine shop in an LI(Light Industrial)District at 3140 Blanchette-Ordinance 04-060, Ordinance 04-061 Administration recommended approval of an ordinance authorizing a zone change from GC-MD (General Commercial-Multiple Family Dwelling)District and a specific use permit to allow a machine shop in an LI (Light Industrial) District at 3140 Page 2 of 15 Minutes-August 24,2004 Blanchette, subject to providing one disabled parking stall (with sign) and with a modification to the landscaping requirements for the parking lot. Mike Pollock,the applicant,is requesting this zone change and specific use permit for the property located at 3140 Blanchette. On the property are three single story buildings enclosing 7,666 square feet. The primary function of the shop will be to repair hydraulic motors, cylinders and pumps. All repair materials are kept indoors until machined and then returned to customer. The shop operates from 7 a.m. to 3:30 p.m. Monday through Friday. Occasional overtime is worked at 3:30 p.m. and on Saturdays. At a joint public hearing held August 16,2004,the Planning Commission voted 9:0 to approve a zone change from GC-MD to LI District and a specific use permit to allow a machine shop in an LI District at 3140 Blanchette,subject to providing one disabled parking stall(with sign)and with a modification to the landscaping requirements forthe parking lot. Council member Smith moved to ADOPT ORDINANCE 04-060 AUTHORIZING THE REQUEST FOR A ZONE CHANGE FROM GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)TO LI(LIGHT INDUSTRIAL)DISTRICTAT 3140 BLANCHETTE. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Mayor Pro Tern Ames moved to ADOPT ORDINANCE 04-161 AUTHORIZING THE REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A MACHINE SHOP IN AN LI (LIGHT INDUSTRIAL) DISTRICT AT 3140 BLANCHETTE. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider approving a request fora zone change from A-R(Agricultural-Resident)to GC-MD -2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a credit union in the 3200 block of N. Major Drive The Administration recommends approval of a zone change from A-R(Agricultural- Residential)to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a credit union in the 3200 block of N. Major Drive. Page 3 of 15 Minutes-August 24,2004 Mid-County Teachers Credit Union (MCT),the property owner, is requesting a zone change from A-R to GC-MD-2 and a specific use permit to allow the construction of a 5,968 sq. ft. credit union. MCT owns an 8.7 acre tract of land in the 3200 block of N. Major Drive. The credit union would be built on a 1.3 acre tract of land. In addition to this structure, plans call for the eventual development of three other commercial pad sites of approximately one acre in size and a 4.35 acre site for a future strip center. Specific use permits would be required forany additional development on the remainders of the property. The application lists a number of business activities that would be acceptable to the MCT in developing the property. Such uses include:a pharmacy, nursery/child care center,day school,restaurant/delicatessen,general retail stores(including clothing, sporting goods, bookstores,toys/hobbies and general merchandising), realtors, pet store, home furnishings/decorative services, professional services and low-rise commercial office building. At a Joint Public Hearing held August 16,2004,the Planning Commission voted 9:0 to deny a zone change from A-R (Agricultural-Residential) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow a credit union in the 3200 block of N. Major Drive. Mayor Pro Tern Ames moved to DENY A REQUEST FOR A ZONE CHANGE FROM A-R (AGRICULTURAL-RESIDENTIAL)TO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND PATTERSON NAYS: MAYOR LORD, COUNCILMEMBER SAMUEL MOTION PASSED [It was not necessary to considerthe specific use permit request as the zoning change request was denied.] 3. Consider approving a request for a zone change from NC (Neighborhood Commercial) to RS (Residential Single Family Dwelling) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property located on the east side of Dowlen Road, south of the Gulf Employees Credit Union - Ordinance 04-062 Administration recommended approval of a zone change from NC (Neighborhood Commercial) to RS (Residential Single Family Dwelling) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property located on the east side of Dowlen Road, south of the Gulf Employees Credit Union. Fittz& Shipman, Inc., the applicant, has been retained to make application for two zone change request for a 3.374 acre tract of land adjacent to the Gulf Employees Page 4 of 15 Minutes-August 24,2004 Credit Union on Dowlen Road. These request will provide 1.93 acres of RS zoning along Wellington Place and 1.44 acres of GC-MD-2 zoning with frontage on Dowlen Road. At a Joint Public Hearing held August 16,2004,the Planning Commission voted 8:0:1 to approve a zone change from NC(Neighborhood Commercial)to RS (Residential Single Family Dwelling)and GC-MD-2(General Commercial-Multiple Family Dwelling- 2) District for property located on the east side of Dowlen Road, south of the Gulf Employees Credit Union. Councilmember Beaulieu moved to ADOPT ORDINANCE 04-062 TO APPROVE A REQUEST FOR A ZONE CHANGE FROM NC (NEIGHBORHOOD COMMERCIAL) TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) AND GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED ON THE EASE SIDE OF DOWLEN ROAD, SOUTH OF THE GULF EMPLOYEES CREDIT UNION. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 4. Consider approving a requestfora zone change from GC-MD(General Commercial- Multiple Family Dwelling)to RS (Residential Single Family Dwelling)District for 1.97 acres of land located on the east side of Old Voth Road, north of Lawrence Drive- Ordinance 04-063 Administration recommended approval of a zone change from GC-MD (General Commercial Multiple Family Dwelling) to RS (Residential Single Family Dwelling) District for 1.97 acres of land located on the east side of Old Voth Road, north of Lawrence Drive. Faust Engineering &Surveying, Inc.,the applicant, has made application to rezone 1.97 acres of land fronting on Old Voth Road to RS for single family residential development. At a Joint Public Hearing held August 16,2004,the Planning Commission voted 8:0:1 to approve a zone change from GC-MD (General Commercial-Multiple Family Dwelling)to RS (Residential Single Family Dwelling) District for 1.97 acres of land located on the east side of Old Voth Road,north of Lawrence Drive without specifying lot size. Councilmember Beaulieu moved to ADOPT ORDINANCE 04-063 FOR A ZONE CHANGE FROM GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)TO RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR 1.97 ACRES OF LAND LOCATED ON THE EAST Page 5 of 15 Minutes-August 24,2004 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, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 5. Consider approving a request for a specific use permit to allow a self storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District at 8161 Eastex Freeway- Ordinance 04-064 Administration recommended approval of the specific use permit to allow a self storage facility in a GC-MD(General Commercial-Multiple Family Dwelling)District at 8161 Eastex Freeway. Adams Storage,the property owner, is requesting a specific use permit to expand its existing self storage facility at 8161 Eastex Freeway. The specific use permit would allow the construction of approximately 42,600 sq.ft. of additional warehouse area. At a Joint Public Hearing held August 16,2004,the Planning Commission voted 8:0:1 to approve a specific use permit to allow a self storage facility in a GC-MD (General Commercial-Multiple Family Dwelling)District at 8161 Eastex Freeway subject to the following conditions: 1) The lot being graded to drain towards the street and not onto adjacent properties. (City Engineer) 2) Some buildings modification may be required to ensure internal traffic circulation. (Traffic Manager) 3) Separating the neighboring residential properties from the commercial property by landscaping and screening. COuncilmember Smith moved to ADOPT ORDINANCE 04-064 FORASPECIFIC USE PERMIT TO ALLOW A SELF STORAGE FACILITY IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 8161 EASTEX FREEWAY. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Page 6 of 15 Minutes-August 24,2004 6. Consider approving a request for a specific use permit to allow a film and video production facility in an RCR(Residential Conservation and Revitalization)District at 2406 North - Ordinance 04-065 Administration recommends approval of a specific use permit to allow a film and video production facility in an RCR(Residential Conservation and Revitalization)District at 2406 North subject to providing a disabled parking stall (with sign), installing an 8' screening fence along the north property line and limiting the sign to no largerthan 12 square feet. Eliot Hall, President of AJK Video Corp. dba Aereon Productions, is requesting a specific use permit to allow the relocation of his video production company to 2406 North Street. This property is the former location of the United Postal Workers union hall. Mr. Hall, states that Aereon Productions produces television commercials, safety training videos and marketing programs. Mr. Hall states that the company employees 2-3 full time employees. Typical office hours will be 9 a.m. - 5:30 p.m., Monday - Friday. Little traffic will be generated by the business. At a Joint Public Hearing held August 16,2004,the Planning Commission voted 9:0 to approve a specific use permit to allow a film and video production facility in an RCR (Residential Conservation and Revitalization) District at 2406 North subject to providing a disabled parking stall(with sign),installing an 8'screening fence along the north property line and limiting the sign to no larger than 12 square feet. Councilmember Smith moved to ADOPT ORDINANCE 04-065 FOR A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A FILM AND VIDEO PRODUCTION FACILITY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 2406 NORTH Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 7. Consider approving a request for a specific use permit to allow a medical doctor's office in an RCR (Residential Conservation and Revitalization) District at 2115 McFaddin - Ordinance 04-066 Administration recommends approving a specific use permit to allow a medical doctor's office in an RCR (Residential Conservation and Revitalization) District at 2115 McFaddin with a modification to the landscaping/screening for the parking lot and along the west property line. Page 7 of 15 Minutes-August 24,2004 Dr. Dang would like to locate a branch of the Texas Pain Institute at 2115 McFaddin. The Texas Pain Institute is an interventional pain management clinicthat deals with the pain related to trauma, work injury, auto injury, spinal injury or degenerative disease. The Texas Pain Institute Operates sixclinics in Houston. The Beaumont location will operate from 8 a.m., to 5 p.m., Monday through Friday. At a Joint Public Hearing held August 16, 2004,the Planning Commission voted 9:0 to approve a specific use permit to allow a medical doctor's office in an RCR (Residential Conservation and Revitalization) District at 2115 McFaddin with a modification to the landscaping/screening requirements forthe parking lot and along the west property line. Councilmember Smith moved to ADOPT ORDINANCE 04-066 FOR A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A MEDICAL DOCTOR'S OFFICE IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 2115 MCFADDIN. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 8. Consider approving a requestfor a specific use permitto allowa restaurant and retail in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District located on the west side of Dowlen Road,south of and adjacent to Barrington Heights-Ordinance 04-067 Administration recommends approval of a specific use permitto allow a restaurant and retail space in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District located on the west side of Dowlen Road,south of and adjacent to Barrington Heights. Bryan Lee with Dowlen Road Times Squares,Ltd.,the applicant and property owner, is requesting a specific use permit to allow the construction of a restaurant and retail space on a 1.13 acre tract of land on the west side of Dowlen Road, south of and adjacent to Barrington Heights. At a Joint Public Hearing held August 16,2004,the Planning Commission voted 8:0 to approve a specific use permit to allow a restaurant and retail in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District located on the west side of Dowlen Road,south of and adjacent to Barrington Heights,subject to installing an 8' tall double lapping wood privacy fence along the north property line, locating the air conditioning units atthe rearof the property,locating the dumpsters where they are not offensive to Barrington Heights residents, providing shielded lighting, providing the necessary landscaping on the north and east sides and providing an underground storm sewer pipe drainage system. Page 8 of 15 Minutes-August 24,2004 Councilmember Smith moved to ADOPT ORDINANCE 04-067 REQUEST FORASPECIFIC USE PERMIT TO ALLOW A RESTAURANT AND RETAIL IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT LOCATED ON THE WEST SIDE OF DOWLEN ROAD, SOUTH OF AND ADJACENT TO BARRINGTON HEIGHTS. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 9. Consider adopting an ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States, Inc.and granting a new franchise to Entergy Gulf States, Inc. adopting a new method of compensation - Ordinance 04-068 Administration recommended approval of an ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States, Inc.,which passed the third and final reading on the 19th of September, 1961 and was amended by Ordinance 82-137, and granting a new franchise to Entergy Gulf States,Inc.;authorizing the city's attorneyto seek approval from the Public Utility Commission of Texas of a franchise fee surcharge tariff; providing an effective date upon the acceptance in writing of the surcharge by Entergy Gulf States, Inc.;and finding and determining that the meeting atwhich this ordinance was considered was open to the public and in accordance with Texas law. A meeting was held with Dan Lawton, an attorney who represented the coalition of cities in rate matters in the past,which was coordinated with the City of PortArthurwho had the same franchise compensation problems,and Entergy Gulf States, Inc. Kyle Hayes and Lane Nicholas explained how the franchise fee was structured and the benefits of the new method of compensation. The new franchise will produce higherfranchise revenues to the City commencing after the franchise and the surcharge riderare approved bythe Public Utilities Commission of Texas. Under our Charter, franchises require three readings before they are passed. The franchise does not take affect until sixty(60)days after its adoption on the third reading; which means if this ordinance is adopted on the first reading on August 24, 2004, it could not be passed until September 28,2004. It would then be effective in late November subject to the approval of the surcharge rider bythe Public Utilities Commission of Texas. The ordinance must be adopted in accordance with the charterwhich requires that its adoption must be at least thirty (30) days from its first reading. COuncilmember Beaulieu moved to APPROVE THE FIRST READING TO ADOPT ORDINANCE 04-068 ACCELERATING THE EXPIRATION OF THE EXISTING ELECTRIC FRANCHISE Page 9 of 15 Minutes-August 24,2004 ORDINANCE BETWEEN THE CITY OF BEAUMONT AND ENTERGY GULF STATES, INC. AND GRANTING A NEW FRANCHISE TO ENTERGY GULF STATES,INC. ADOPTING A NEW METHOD OF COMPENSATION. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 10. Consider approving a bid for a financing agreement to purchase a fire truck - Resolution 04-192 Administration recommends award of a bid for a five (5)year financing agreements with a fixed interest rate of 3.09%to Banc One Leasing Corporation. Funds from the financing agreementwill be used to pay forthe Pierce Lance 1,500 gallon per minute (gpm) fire truck scheduled for delivery in the first week of September. The total cost of the truck and the amount to be financed is$366,151. The truck was ordered from Martin Apparatus, Inc. through the Houston-Galveston Area Council purchasing cooperative. The first annual payment of$80,156.31 will be due one(1) year after execution of the agreement. Councilmember Cokinos moved to APPROVE RESOLUTION 04-192 TOACCEPTTHE BID FOR A FINANCING AGREEMENT TO PURCHASE A FIRE TRUCK. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 11. Consider approving the sale of six City owned parcels of property-Resolution 04- 193 Administration recommended the sale of six (6) parcels of city-owned surplus properties. This will enable the properties to be back on the tax role. Bids were received on Thursday,August 12,2004 forthe sale of City-owned surplus property. Parcel No. 1 Parcel No. 4 3540 West Avenue NW Corner Cardinal Dr. West and Ave A Page 10 of 15 Minutes-August 24,2004 Parcel No. 2 Parcel No. 5 300 Block South 13th Street 3040 College Parcel No. 3 Parcel No. 6 3675 Scranton Avenue 1205 Schwarner Street The highest bids received for each parcel. Parcel No. 1 Retia Vital $ 600.00 Parcel No. 2 Daniels Bldg. & Con. $ 3,229.08 Parcel No. 3 Yvonne Smith $ 500.00 Parcel No. 4 Waleed A. Khan $20,000.00 Parcel No. 5 Baptist Hospital $14,208.75 Parcel No. 6 ExxonMobil Oil Corp. $77,000.00 Bid Total $115,537.83 Payments to the City for this property will be deposited in the General Fund. Councilmember Cokinos moved to APPROVE RESOLUTION 04-193 AUTHORIZING THE SALE OF SIX CITY OWNED PARCELS OF PROPERTY. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 12. Consider authorizing the City Managerto execute a contractforthe City of Beaumont Rehabilitation of the Southwest Elevated Water Storage Tank - Resolution 04-194 Administration recommended approval of a contract with Utility Service Co., Inc., Houston,Texas,in the amount of$363,677.00 to furnish and install all labor,materials, and equipment to repair, rehabilitate, abrasive blast interior and exterior, repaint interiorand exterior,remove and relocate the communication antenna,and disinfect the existing 1,000,000 gallon elevated water storage tank located on Municipal Drive. This award will include pressure washing all blast cleaned areas if the soluble salt contract is above 100ppm. The existing elevated storage tank was built in 1958. In 1998 the inside of the tank was cleaned and painted and the outside of the tank received spot coats of paint. The field investigation conducted bySchaumberg and Polk, Inc.concluded that the inside and outside paint of the tank have deteriorated, and must be abrasive blasted and repainted in order to stay in compliance with Texas Commission on Environmental Quality (TCEQ) regulations. Page 11 of 15 Minutes-August 24,2004 Funds are available for the project in the Water Capital Improvement Program. Councilmember Beaulieu moved to APPROVE RESOLUTION 04-194 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE CITY OF BEAUMONT REHABILITATION OF THE SOUTHWEST ELEVATED WATER STORAGE TANK. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 13. Consider authorizing the City Managerto increase the Sanitary Sewer Rehabilitation of Small Diameter Mains HowellNount Outfall Contract VI for "Extra Work" - Resolution 04-195 Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains HowellNount Outfall Contract VI project amount by$89,783 to replace 1,376 linear feet of 12-inch sanitary sewer pipe under the street and to remove 19 underground obstructions under the pavement on Belmont Street. The existing sewer lines built in 1960 have deteriorated and require major rehabilitation. Funds for the project are available in the Capital Improvement Fund. Councilmember Smith moved to APPROVE RESOLUTION 04-195 AUTHORIZING THE CITY MANAGER TO INCREASE THE SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS HOWELLIYOUNT OUTFALL CONTRACT VI FOR "EXTRA WORK." Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 14. Consider amending Section 6-21 of the Code of Ordinances, in particular, the International Building Code, Appendix B, Board of Appeals Section B101.2 Membership of Board by adding a Licensed Master Plumber to the Board - Ordinance 04-069 Page 12 of 15 Minutes-August 24,2004 Administration recommends that the International Building Code Appendix B,Board of Appeals Section B101.2 Membership of Board be amended to add a Licensed Master Plumber to the Board. Although the adoption of International Building Code on October 7, 2003 included Appendix B,itwas recommended thatthe existing Board be retained until theirterms expired on September 30,2004. The new qualifications for membership on the Board of Appeals will be as stated above with the addition of a Licensed Master Plumber. Councilmember Beaulieu moved to ADOPT ORDINANCE 04-064 AMENDING SECTION 6- 21 OF THE CODE OF ORDINANCES, IN PARTICULAR,THE INTERNATIONAL BUILDING CODE, APPENDIX B, BOARD OF APPEALS SECTION 13101.2 MEMBERSHIP OF BOARD BY ADDING A LICENSED MASTER PLUMBER TO THE BOARD. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED WORKSESSION • Review the Proposed FY 2005 Budget Opened: 2:30 p.m. Closed: 3:00 p.m. City Manager, Kyle Hayes presented a slide show presentation outlining the proposed FY 2005 Budget. • Review the recruitment, hiring and promotional procedures of the Police Department Opened: 3:03 p.m. Closed: 3:35 p.m. Police Chief,Tom Scofield presented an overview of the recruitment procedures used in the department. Officer Flannagan has been appointed as the new minority recruitment officer and it is felt that this will make a difference in the number of applicants of minority officers. Efforts are being made to recruit in the community using outreach programs such as churches and community programs. COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON- COMMUNITY ANNOUNCEMENTS COUNCILMEMBER SAMUEL- REQUESTED THAT LEGAL DEPARTMENT PREPARE SOME TYPE OF BRIEF TO THIS COUNCIL ON SOME ALTERNATIVE MEANS OF ADDRESSING SOME OF HIS CONCERNS WITH THE POLICE DEPARTMENT IN LIEU OF AFFIRMATIVE ACTION; ALSO REQUESTED FROM LEGAL THE AMOUNT OF TIME IT Page 13 of 15 Minutes-August 24,2004 TAKES EMPLOYEES WHO LIVE OUTSIDE THE CITY TO ARRIVE AT WORK SO THIS CONCERN CAN BE ADDRESSED MAYOR PRO TEM AMES - NONE COUNCILMEMBER COKINOS - NONE COUNCILMEMBER BEAULIEU - REQUESTED THE RETENTION RATES OF THE POLICE OFFICERS BY RACE; CONGRATULATED THE CALDWOOD NEIGHBORHOOD ASSOCIATION AND CHALLENGED OTHER NEIGHBORHOOD ASSOCIATIONS TO ADOPT-A-STREET COUNCILMEMBER SMITH - NONE CITY MANAGER HAYES - NONE CITY ATTORNEY NICHOLS - NONE MAYOR LORD - NONE Public Comments (Persons are limited to three minutes) Kerry J. Avie 1280 Saxe Beaumont TX Prayer for City Vernon Durden 2110 Westburg Beaumont TX Would like to know if citizens could be part of a recruitment advisory committee forthe Police Department Ed Turner 595 Orleans Street Beaumont TX Extended thanks to Councilmember Samuel for looking into the recruitment procedures of the Police Department and would like to see some definite changes in the minority recruitment practices Dean Tucker 2570 Laurel Avenue Beaumont TX Extended congratulations to the First Women;spiritual foundation should not be governed by the government Joey Loville 3175 Washington Blvd. Beaumont TX Was a previous city employee who was laid off and inquired about hiring procedures Page 14 of 15 Minutes-August 24,2004 Martha Sanco 1365 Brockman Street Beaumont TX Problem with the Health Department and the inspection of the meat departments in local grocery stores Dorothy Evans 2825 Arthur Lane Beaumont TX Concerned with the increase of health insurance premiums for city employees;thinks that it is a good idea to recruit police officers through the churches;concerned with an open sewer pipe left open in front of her house which is dangerous for children; reminded everybody of Grandparents Day on September 12th Open session of meeting recessed at 3:55 p.m. 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 City of Beaumont v. House of Praise Deliverance Ministries, Inc. Douglas Manning, et al v. City of Beaumont Councilmembers met in Executive Session at 4:00 p.m. There being no action taken in Executive Session, Council adjourned at 4:10 p.m. Audio tapes are available upon request in the City Clerk's Office. Evelyn M. L d, Mayor — IQ - Rose Ann Jones, TRM City Clerk Page 15 of 15 Minutes-August 24,2004