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Home My WebLink AboutMIN OCT 26 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 October 26,2004 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 October 26,2004,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 1,9-14/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Pastor Frank Alegria of the First United Methodist Church gave the invocation. Councilmember Patterson 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(arrived at 1:35 p.m.),Beaulieu,Cokinos,Patterson and Samuel. Also present were Kyle Hayes,City Manager; Lane Nichols, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "National Arts and Humanities Month" - October, 2004 - Proclamation read by Councilmember Beaulieu; accepted by Lynn Castle and Regina Lindsey "Respiratory Care Week"-October 24-30,2004-Proclamation read by Councilmember Smith; to be accepted by Cynthia McKinley (not-present) "Red Ribbon Week" - October 23 - 31, 2004 - Proclamation read by Councilmember Cokinos; accepted on behalf of Beaumont Community Drug Free Members, Karen Neal "Pastoral Care Week" - October 24 - 31, 2004 - Proclamation read by Mayor Pro Tern Ames;accepted by Sister Celeste Trahan,VP of Mission Integration,Christus St. Elizabeth Hospital and Chaplain Keith Tekell, Christus St. Elizabeth Hospital "Domestic Violence Awareness Month" - October, 2004 - Proclamation read by Councilmember Samuel; accepted on behalf of Cindy Fertitta by Elma Garza Minutes-October 26,2004 "Lane Nichols Day" - October 26, 2004- Proclamation read by Mayor Lord; accepted by City Attorney, Lane Nichols Becky Lane:Thanked the Council and also former Councils and employees who have made Lane's position for the City, a place of enjoyment for him throughout the years Presentation: Jim Rich from the Chamber of Commerce made a presentation on the update of Delta Airlines and our agreement since Delta is breaking the agreement to provide service to DFW effective January 31, 2004. Since Delta has been servicing the area,14 employees have been hired and the transportation security division has also hired additional staff.Significant travel has increased and Continental Airlines has added two flights to keep up with the competition.There will be anticipated increase in landing fees to the County,increase to the community with rental cars,restaurants and lodging. Delta has requested that we allow them to continue to serve our community by providing service to Atlanta beginning February 1,2005 with two flights per day.Council has been requested to renegotiate our agreement with Delta and reinvest in the new agreement. Public Comment: Persons may speak on scheduled agenda items1, 9-14/Consent Agenda. None CONSENT AGENDA Approval of minutes- Minutes of October 12, 2004 Confirmation of committee appointments - None A) Authorize the City Manager to execute all documents necessary to accept the project titled "FY2005 S. T. E. P. Waves" - Resolution 04-247 B) [Removed from Consent Agenda and voted on separately. See below.] C) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in Washington Manor Unit 5 Subdivision - Resolution 04-249 D) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in Barrington Heights Phase VI Subdivision - Resolution 04-250 Councilmember Cokinos moved to approve the Consent Agenda with the exception of Item B. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE Page 2 of 15 Minutes-October 26,2004 MOTION PASSED B) Authorize the City Managerto execute agreements with the Southeast Texas Family Resource Center,Six Production Studios and the Charlton-Pollard Neighborhood Association related to the Charlton-Pollard Weed and Seed Initiative - Resolution 04-248 Mayor Pro Tern Ames moved to APPROVE RESOLUTION 04-248 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AGREEMENTS FUNDED BY THE WEED AND SEED PROGRAM. Councilmember Cokinos seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, PATTERSON AND SAMUEL NAYS: NONE ABSTAIN: COUNCILMEMBER BEAULIEU MOTION PASSED GENERAL BUSINESS 1. Consider approving the selection of an underwriterto provide underwriting services for the City of Beaumont, General Obligation Refunding Bonds - Resolution 04-251 Administration requested approval of a resolution to select an underwriterto provide underwriting services for approximately $12,365,000 City of Beaumont, General Obligation Refunding Bonds. The bonds are expected to be issued November 1,2004 with delivery and receipt of proceeds by the City on December 2,2004. Proceeds will be used to refund certain outstanding obligations of the City including portions of the 1995 Certificates of Obligation,the 1996 Refunding Bonds and the 1996 Certificates of Obligation. The refunding is expected to produce a net cost savings to the City of approximately $550,000. Mr. Frank Ildebrando of RBC Dain Rauscher, our financial advisor discussed the underwriting services for the bonds. A request for proposals for underwriting services for the bonds was sent out by the City's Financial Advisor,Frank Ildebrando of RBC Dain Rauscheron October8,2004. A recommendation by RBC Dain Rauscher was made to select the underwriter or team of underwriters which included First Southwest Company,Morgan Keegan&Co. and Southwest Securities.The selection was based on the demonstrated competence, experience, knowledge and qualifications of the underwriters submitting responses, and on the reasonableness of the proposed fee for underwriting services. Atthe request of Councilmember Samuel and approval of Council, Estrada Hinojosa was added to the team of underwriters. Discussion followed. Page 3 of 15 Minutes-October 26,2004 All debt shall be incurred in the Debt Service Fund which is supported by property taxes. Councilmember Samuel moved to APPROVE RESOLUTION 04-251 THAT THE FIRMS OF ESTRADA HINOJOSA, FIRST SOUTHWEST COMPANY, MORGAN KEEGAN & CO. AND SOUTHWEST SECURITIES,BE AND THEYARE HEREBY,DESIGNATED AS THE UNDERWRITERS TO PROVIDE UNDERWRITING SERVICES FOR APPROXIMATELY$12,365,000 FOR CITY OF BEAUMONT, GENERAL OBLIGATION REFUNDING BONDS. Councilmember Patterson seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: COUNCILMEMBER SMITH MOTION PASSED 2. Consider approving a requestfora zone change from A-R(Agricultural-Residential) to PUD(Planned Unit Development)District for property located on the north side of Walden Road, east of Dishman Elementary School - Ordinance 04-083 Administration recommended approval of a zone change from A-R (Agricultural- Residential)to PUD(Planned Unit Development)District for property located on the north side of Walden Road, east of Dishman Elementary School. Robert Clark, representing the developers of the property, has requested a zone change from A-R to PUD for 139.84 acres of land located on the north side of Walden Road,east of Dishman Elementary. The Crescent on Walden development will consist of home lots varying in size from approximately one acre to zero lot line. This mixed density development will also contain three separate lakes, the largest being approximately fifteen acres in size. At a Joint Public Hearing held October 18,2004,the Planning Commission voted 9:0 to approve a zone change from A-R(Agricultural-Residential)to PUD(Planned Unit Development)District for property located on the north side of Walden Road,east of Dishman Elementary School. Councilmember Smith made a motion to ADOPT ORDINANCE 04-083 TO AMEND CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY CHANGING THE ZONE OF PROPERTY PRESENTLY ZONED A-R (AGRICULTURAL-RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT FOR PROPERTY LOCATED ON THE NORTH SIDE OF WALDEN ROAD,EAST OF DISHMAN ELEMENTARY SCHOOL,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL Page 4 of 15 Minutes-October 26,2004 NAYS: NONE MOTION PASSED 3. Consider approving a request for a zone change from LI (Light Industrial)to GC-MD (General Commercial-Multiple Family Dwelling) District for property located on the west side of M.L.K. Parkway, between Florida and Veatch - Ordinance 04-084 Administration recommended approval of a zone change from LI (Light Industrial)to GC-MD(General Commercial-Multiple Family Dwelling)District for property located on the west side of M.L.K. Parkway, between Florida and Veatch. Campus Village Housing, LP, is requesting a zone change for this property. The purpose of the zone change is to rezone the subject property so that the entire 5.86 acres can be developed into a luxury student housing development. At a Joint Public Hearing held October 18,2004,the Planning Commission voted 8:0:1 to approve a zone change from LI (Light Industrial)to GC-MD(General Commercial- Multiple Family Dwelling) District for property located on the west side of M.L.K. Parkway, between Florida and Veatch. The"20%Rule"is in effect. On File 1745-Z,a protest of 23%was received,therefore invoking the Rule on this case. This means that, in orderto approve the zone change when the 20%rule has been invoked,at least six Council members must vote in favor of the Ordinance. Councilmember Patterson made a motion to ADOPT ORDINANCE 04-084 TO AMEND 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 BEAUMONT,TEXAS,BY CHANGING THE ZONING OF PROPERTY PRESENTLYZONED LI(LIGHT INDUSTRIAL)TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF M.L.K.PARKWAY,BETWEEN FLORIDAAND VEATCH, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu 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 request for a zone change from GC-MD-2 (General Commercial-Multiple Family Dwelling-2)to RS (Residential Single Family Dwelling) District at 2095 S. Major Drive - Ordinance 04-085 Page 5 of 15 Minutes-October 26,2004 Administration recommended approval of a zone change from GC-MD-2 (General Commercial-Multiple Family Dwelling-2)to RS (Residential Single Family Dwelling) District at 2095 S. Major Drive. Gwendolyn Kelly,the property owner, is requesting this change. In 2003, Ms. Kelly, along with three of her neighbors,was granted a zone change to GC-MD-2. It was Ms. Kelly's desire to open a craft and hobby shop. Since that time, due to unforeseen circumstances, her plans have changed and she would like to rezone to RS. At a Joint Public Hearing held October 18,2004,the Planning Commission voted 9:0 to approve a zone change from GC-MD-2 (General Commercial-Multiple Family Dwelling)to RS(Residential Single Family Dwelling)District at 2095 S. Major Drive. Councilmember Smith made a motion to ADOPT ORDINANCE 04-085 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 BEAUMONT$TEXAS,BY CHANGING THE ZONING OF PROPERTY PRESENTLYZONED GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 2095 S. MAJOR DRIVE, BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. 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 general office building complex in a 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 Federal Credit Union - Ordinance 04-086 Administration recommended approval of a specific use permit to allow a general office building complex in a GC-MD-2(General Commercial-Multiple Family Dwelling- 2)District for the property located on the east side of Dowlen Road,south of the Gulf Employees Federal Credit Union subject to the conditions recommended by the Planning Commission. Fitz&Shipman, Inc.,the applicant,is requesting a specific use permit to allow an office building complex on property located on Dowlen Road,south of the Gulf Employees Credit Union. The proposed office-development will consist of three one-story buildings for general office uses. At a Joint Public Hearing held October 18,2004,the Planning Commission voted 9:0 to approve a specific use permit to allow a general office building complex in a GC- MD-2(General Commercial-Multiple Family Dwelling-2)District for property located Page 6 of 15 Minutes-October 26,2004 on the east side of Dowlen Road,south of the Gulf Employees Federal Credit Union, subject to the following conditions: 1) Modify the west disabled parking stall 2) Eliminate the north driveway 3) No new median cut will be allowed 4) An 8'tall wood screening fence and a 10'wide landscape strip will be required along the east property line 5) Existing down spouts must be utilized or new culverts tied in to lowflow concrete per DD#6 specs. No over bank runoff. Councilmember Beaulieu made a motion to ADOPT ORDINANCE 04-086 GRANTING A SPECIFIC USE PERMIT TO ALLOW A GENERAL OFFICE BUILDING COMPLEX IN A 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 FEDERAL CREDIT UNION IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 6. Consider approving a request for a specific use permit to allow a retail tire store in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District at 6050 Concord- Ordinance 04-087 Administration recommended approval of a specific use permit to allow a retail tire store in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District at 6050 Concord subject to the conditions recommended by the Planning Commission. Modica Brothers Tire Store would like to construct a 9,133 sq. ft. retail tire store on the property located at 6050 Concord. At a Joint Public Hearing held October 18,2004,the Planning Commission voted 9:0 to approve a specific use permit to allow a retail store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6050 Concord, subject to the following conditions: 1) Redesigning the disabled parking stall 2) Revise the site plan to reflect the 10' right-of-way needed for the Concord Road expansion by moving everything 10' to the north 3) Limit the height of the sign to 20' Page 7 of 15 Minutes-October 26,2004 Councilmember Cokinos made a motion to ADOPT ORDINANCE 04-087 GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL TIRE STORE IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR PROPERTY LOCATED AT 6050 CONCORD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Patterson 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 cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2949 College Street - Ordinance 04-088 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 at 2949 College Street subject to the conditions recommended by the Planning Commission. Verizon Wireless is requesting a specific use permit to allow construction of a 150'tall cellular telephone transmission tower in the southeast cornerof the property located at 2949 College Street. Verizon Wireless will be leasing a 75'x 75'area from Creative Impressions. The tower will be equipped to allow for the co-location of additional wireless carriers. Included with the towerwill be a 326 sq. ft. equipment building. The entire compound will be surrounded by a 6'tall chain link fence. Landscaping will be provided along the north, east and west sides of the lease space. Access will be off Gilbert Street. At a Joint Public Hearing held October 18,2004,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 at 2949 College Street, subject to the following conditions: 1) Place slats in the chain link fence along the south side. (Planning) 2) Design off-street parking stall to discourage backing into Gilbert Street. (Traffic) Councilmember Smith made a motion to ADOPT ORDINANCE 04-088 GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TELEPHONE TRANSMISSION TOWER IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2949 COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL Page 8 of 15 Minutes-October 26,2004 NAYS: NONE MOTION PASSED 8. Consider approving a request for a specific use permit to allow a residential care facility housing offenders in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1635 Avenue A - Ordinance 04-089 Administration recommended approval of a specific use permit to allow a residential care facility housing offenders in an RM-H (Residential Multiple Family Dwelling- Highest Density) District at 1635 Avenue A with a modification to the landscaping requirements along the north, east and south sides. Land Manor, Inc. requested a specific use permit to allow a residential care facility housing offenders at 1635 Avenue A (Franklin House South). Land Manor has operated a 45 bed indigent male and female substance facility at this location since 1986. The facility, as currently operated, is permitted by-right. Land Manor is now requesting a modification to its Texas Department of Criminal Justice contract that will allow it to provide treatment to adult female parolees. This facilitywill provide these females with additional chemical dependency treatment and assistance through the Department of Assistive and Rehabilitative Services. Franklin House South is licensed by the Department of State Health Services as a residential and outpatient abuse treatment facility. At a Joint Public Hearing held October 18,2004,the Planning Commission voted 9:0 to approve a specific use permit to allow a residential care facility housing offenders in a RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1635 Avenue A with a modification to the landscaping requirements along the north, east and south sides. Councilmember Smith made a motion to ADOPT ORDINANCE 04-089 GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY HOUSING OFFENDERS IN A RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 1635 AVENUE A IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Page 9 of 15 Minutes-October 26,2004 9. Consider approving a request fora historic preservation loan for renovations at 2300 Harrison Street At the request of Councilmember Samuel,this item was deferred for two weeks. 10. Consider approving the Grand Recap of the tax roll forthe tax year 2004(Fiscal Year 2005) with a taxable value of$4,568,576,349 - Resolution 04-252 Administration recommended the acceptance of the Grand Recap of the tax roll forthe tax year 2004 with a taxable value of$4,568,576,349. Pursuant to the Texas Property Tax Code,Section 26.09,this recap must be approved by the City Council. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 04-252 To APPROVE THE GRAND RECAP OF THE TAX ROLL FOR THE TAX YEAR 2004 (FISCAL YEAR 2205)WITH A TAXABLE VALUE OF$4,568,576,349. Councilmember Smith 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 purchase of garbage containers through the State of Texas Cooperative Purchasing Program - Resolution 04-253 Administration recommended approval forthe purchase of 3,360 garbage containers at a unit price of $37.64 to Toter, Inc. of Statesville, North Carolina for a total expenditure of$126,470.40. The State of Texas Cooperative Purchasing Program provides contracted pricing on various commodities to all state,county,school district and municipal agencies within Texas. The Program is coordinated by the Texas Building and Procurement Commission (TBPC) in accordance with state bidding statues. The City has approximately 33,000 of the 90-gallon containers currently in service, which are used in conjunction with automated refuse trucks. The majority of the cans in service were purchased in 1989 with an anticipated life span of seven years. Due to aging and wear,the existing containers are in varying stages of deterioration. The Clean Community Division anticipates the eventual replacementof the entire container inventory over a period of years. Funds for this project are available in the Solid Waste Fund. Page 10 of 15 Minutes-October 26,2004 Councilmember Cokinos made a motion to APPROVE RESOLUTION 04-253 TO AUTHORIZE THE CITY MANAGER TO APPROVE THE PURCHASE OF 3,360 GARBAGE CONTAINERS AT A UNIT PRICE OF$37.64 FOR A TOTAL AMOUNT OF$126,470.40 FROM TOTER INC. OF STATESVILLE, NORTH CAROLINA, THROUGH THE TEXAS COOPERATIVE PURCHASING PROGRAM. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 12. Consider approving a six (6) month contract for the purchase of water treatment chemicals - Resolution 04-254 Administration recommended award of a six(6)month contractto various vendors for purchasing water treatment chemicals at the unit costs per bid with an estimated total contract expenditure of$103,384. Bids were requested for an annual contract for water treatment chemicals for use by the Public Works Department,Water Utilities Division. The chemicals included in this bid are liquid chlorine,sodium hydroxide and phosphate. The chemicals are used to disinfect and purify the water supply. Funds are available for this expenditure in the Water Utilities Division's operating budget. Councilmember Smith made a motion to APPROVE RESOLUTION 04-254 THAT THE BIDS SUBMITTED BY THE VENDORS ALTIVIA CORP., FSTI AND CALCIQUEST FOR A SIX MONTH CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS FOR USE BY THE PUBLIC WORKS DEPARTMENT, WATER UTILITIES DIVISION, IN THE AMOUNTS LISTED IN CONTRACT BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 13. Consider approving a contract to lease forty(40)photocopiers to be used by various City Departments - Resolution 04-255 Administration recommended a sixty-month (60) lease for forty Imagistics brand photocopiers from Better Business Machines of Beaumont,Texas for use by various City Departments in the amount of$64,524 per year. Page 11 of 15 Minutes-October 26,2004 Better Business Machines submitted both of the lowest proposals. While the City would realize an estimated annual cost savings of $1,806 over current costs by selecting the lowest proposal,Administration recommends the second lowest proposal in the amount of$64,524 per year. This selection would cost the City approximately $2,586 extra per year over current costs but will provide the best value. Funds are available from the following sources: 1) Solid Waste Fund $ 1,428 2) Hotel Occupancy Tax Fund $ 2,040 3) Fleet Fund $ 4,284 4) Water Fund $ 5,712 5) General Fund $51,060 Total $64,524 Councilmember Smith made a motion to APPROVE RESOLUTION 04-255 THAT THE BID SUBMITTED BY BETTER BUSINESS MACHINES, BEAUMONT, TEXAS, IN THE AMOUNT OF $64,524 PER YEAR BE ACCEPTED BY THE CITY OF BEAUMONT. 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 authorizing the City Manager to execute a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds - Resolution 04-256 Administration recommended that Council authorize the City Manager to execute a contractwith the Texas Department for the Cityto receive State Public Transportation funds. City Council annually authorizes the City Managerto execute a contract with the Texas Department of Transportation forthe Cityto receive state public transportation funds. These funds total $396,895 for FY2005. In fiscal years 2003 and 2004, the City received $313,023 and $426,348 respectively. On September 21,2004,a public hearing was held seeking public input on this matter. State funding totaling $396,895 will fund part of the estimated local share cost of $1,231,589 to operate the Beaumont Municipal Transit System for FY2005. Councilmember Cokinos made a motion to APPROVE RESOLUTION 04-256 THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE A CONTRACT FOR FY 2005 WITH THE TEXAS Page 12 of 15 Minutes-October 26,2004 DEPARTMENT OF TRANSPORTATION FOR THE CITY TO RECEIVE STATE PUBLIC TRANSPORTATION FUNDS IN THE AMOUNT OF $396,895. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON- COMMUNITYANNOUNCEMENTS;READ HER PRESS RELEASE REGARDING YMBL PRESIDENT Jim FERRELL [FOLLOWING OTHER COUNCIL COMMENTS, ADDITIONAL COMMENT WAS MADE] COUNCILMEMBER SAMUEL- COMMENTED ON COUNCILMEMBER PATTERSON's PRESS RELEASE MAYOR PRO TEM AMES - COMMENTED ON COUNCILMEMBER PATTERSON's PRESS RELEASE COUNCILMEMBER COKINOS - NONE COUNCILMEMBER BEAULIEU - COMMENTED ON COUNCILMEMBER PATTERSON's PRESS RELEASE COUNCILMEMBER SMITH - COMMENTED ON COUNCILMEMBER PATTERSON'S PRESS RELEASE MAYOR LORD - COMMENTED ON COUNCILMEMBER PATTERSON'S PRESS RELEASE; KUDOS TO HEALTH DEPARTMENT FOR THE WAY THEY HANDLED THE FLU SHOT BUSINESS; ATTENDED THE INVESTITURE OF KEITH GIBLIN WHO WAS SWORN IN AS THE US MAGISTRATE JUDGE OF EASTERN DISTRICT OF TEXAS, WENT TO THE OPENING OF THE RENAISSANCE HOSPITAL IN GROVES, OSHA PRESENTED THE EXXON MOBILE CHEMICAL AND EXXON MOBILE REFINERY THEIR STAR RECERTIFICATION AND US NAVY DAYS WHICH INCLUDED THE VISIT AND TOUR OF THE USS HAWSE, THE LARGEST NAVY SHIP WHICH IS ABLE TO ENTER THE PORT CITY ATTORNEY NICHOLS - NONE CITY MANAGER HAYES - NONE Page 13 of 15 Minutes-October 26,2004 Public Comments (Persons are limited to three minutes) LeRoy Lewis III 7866 Gladys Beaumont TX Ideas for City Council: comments on racial situation, potholes and other related matters Charles Pickens 2300 Harrison Beaumont TX Vanessa Pickens Speaking on Agenda Item#9: Felt that since they were lifelong residents of Beaumont that this was an opportunity for Beaumont to do something forthem;the house is over 70 years old and would like Council to reconsider their request for a historic preservation loan Bill Tetley 3607 Gary Avenue Nederland TX 77627 Representing Belles&Beaus Square Dance Club;felt that the rental increase for their use of the Best Year Center on Thursday nights was a great hardship on the members and requested that Council consider a rollback to the$30 per night use instead of the new rate of$50 per night Birma Castle 1092 Sun Meadow Drive Beaumont TX Representing the Wednesday night Round Dance Club-Swinging Singles; requested that Council approve a return to the$30 per night use as most of their members are senior citizens and cannot afford an increase of fees for this night of exercise and entertainment Dewey Chance 1085 Greenmeadow Beaumont TX Representing the Monday night Singles Square Dance Club at Central Park Community Center;requesting that Council reduce the rental rate back to the$30 fee so that the members can continue to afford this activity Dean Tucker 2570 Laurel Avenue Beaumont TX Spoke on his passion of interest in the fields of health and healing Paul Loden 7730 Spurlock Beaumont TX Wanted to know what the criteria was for using the Council Chambers for press conferences; is a memberof Councilmember Patterson's ward and wanted to knowwhy he couldn't get her help in keeping his business in Beaumont Leo Stewart 5485 Combs Drive Beaumont TX Spoke about the attitude of some people who feel that this was trivia; stated that the Black community has a history with YMBL Page 14 of 15 Minutes-October 26,2004 VerNeil D. Mesecher Sr. PO Box 620 China TX 77613 Felt that this incident with the YMBL was only creating a wedge between the races and that race was being used as a tool Rick Griner PO Box 185 Wallisville TX Past President Texas State Federation of Square Dancers, current President of Golden Triangle Association;stated that these local organizations do generate moneyforthe City as people come from out-of-town, eat in the restaurants, shop in the Malls and often stay overnight; requested the City consider reduced rates to the dance clubs Jason Marshburn 7220 Bythewood Road Beaumont TX Concerned about the decreasing population in Beaumont;need to make Beaumont a better place to live in; expand the tax base; reduce crime rate Open session of meeting recessed at 3:50 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Gary Warren Gerald Cerda v City of Beaumont Oscar Evans v City of Beaumont Penni Simonson, et al v City of Beaumont Douglas Manning, et al v City of Beaumont There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. Evelyn M. Lo . Mayor � ga Rose Ann Jones, T City Clerks ®� Page 15 of 15 Minutes-October 26,2004