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HomeMy WebLinkAboutMIN FEB 28 2017� :3 =FX I I 1hvA1 U*1 Z kA T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, At -Large Claude F. Guidroz, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III February 28, 2017 Robin Mouton, Mayor Pro Tem 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 February 28, 2017, 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 7-10/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Monsignor Jerry McGrath, Pastor Rector, St. Anthony Cathedral Basilica gave the invocation. Councilmember Getz led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Mouton, Councilmembers Guidroz, Getz, Wright and Pate. Absent: Councilmember Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Samuel absent due to work. Proclamations, Presentations, Recognitions "St. Joseph's Day" - March 17, 2017 - Proclamation read by Mayor Ames; accepted by Linda Domino and others "Intellectual and Development Disabilities Awareness Month" - March, 2017 - Proclamation read by Councilmember Pate; accepted by Monique Sennet and Patricia Fontenot with Spindletop Center "Engineers Week" - February 19-25, 2017 - Proclamation read by Councilmember Wright; accepted by Michael Schneider, President of the Sabine Branch of Texas Society of Professional Engineers along with Molly Villareal and Brandon Bergeron "Duty Calls Day" - March 21, 2017 - Proclamation read by Mayor Ames; accepted by Robin Troy with Duty Calls Event and Committee Members Minutes — February 28, 2017 Public Comment: Persons may speak on scheduled agenda items 7-10/Consent Agenda. None CONSENT AGENDA * Approval of minutes — February 21, 2017 * Confirmation of committee appointments — None A) Authorize the settlement of the claim of Gregory Gallow — Resolution 17 - 040 B) Authorize the settlement of the lawsuit styled Vanessa Coleman, et al v. City of Beaumont, Beaumont Water District; No. E-198,302 — Resolution 17 - 041 C) Authorize the City Manager to execute a one year extension of the Fixed Base Operator contract at the Beaumont Municipal Airport to BMT Wings, LLC — Resolution 17 - 042 Councilmember Wright moved to approve the Consent Agenda. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request to rezone property located at 5140 Wall Street from NC (Neighborhood Commercial) to GC -MD (General Commercial Multiple Family Dwelling) District. Charles Domingue would like to rezone his property at 5140 Wall Street, to allow the construction a building for housing his personal collection of classic vehicles. Surrounding zoning ranges from RS (Residential Single Family Dwelling) to HI (Heavy Industrial). Surrounding uses vary, but are primarily light industrial & industrial in nature, some being grandfathered. Due to the mixed uses of this area, the proposed zoning and parking facility would be compatible. At a Joint Public Hearing held on February 20, 2017, the Planning Commission Recommended 6:0 to approve a request for a rezoning for property located at 5140 Wall Street, from NC (Neighborhood Commercial) to GC -MD (General Commercial Multiple Family Dwelling) District. Approval of the ordinance. Minutes — February 28, 2017 COuncllmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 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 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5140 WALL STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 17 - 010 2. Consider a request to rezone property located at 7535 Highway 105 from RMH-(Residential multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning District. Wesley Doucet is requesting the rezoning of his property located at 7535 Highway 105. This property is the first residentially zoned lot on the south side of Highway 105, west of Major Drive. Although the property currently contains a house, Mr. Doucet would like to be able to market the property for commercial uses. Given the surrounding zoning pattern, land use and the proximity to the intersection of Highway 105 and Major Drive, the proposed zoning would be compatible. All utilities necessary for a business are present. Property to the north, south and east is zoned GC - MD (General Commercial - Multiple Family Dwelling) District. At a Joint Public Hearing held on February 20, 2017, the Planning Commission Recommended 6:0 to approve a request for a rezoning for property located at 7535 Highway 105, from RM -H (Residential Multiple Family Dwelling -Highest Density) to GC -MD General Commercial -Multiple Family Dwelling) District. Approval of the ordinance. COuncllmember GUidroz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 7535 HIGHWAY 105, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT AND PATE Minutes - February 28, 2017 NAYS: NONE MOTION PASSED Ordinance 17 — 011 3. Consider a request for a rezoning from RM -H (Residential Multiple Family Dwelling — Highest Density) to RS (Residential Single Family Dwelling) District for an area located in the Oaks Historic District. In November of 2008, a Zoning Study was conducted for the Oaks Historic District in order to better control development and redevelopment of the stabilizing neighborhood. The study changed a significant portion of the neighborhood to RCR-H, or Residential Conservation Revitalization -Historic to offer additional protections and controls. In addition, the study rezoned several areas from RM -H (Residential Multiple Family Dwelling) to RS (Residential Single -Family Dwelling). In the past, as some areas of the Oaks District became less stable, RM -H allowed owners to convert single-family homes to more profitable multi -family dwellings or light commercial uses. While many property owners took advantage of this zoning, an increasingly stabilizing single-family market in the Oaks justified changing the zoning to RS, Single -Family Dwelling. However, during the conducting of the 2008 study, some areas were not rezoned to RS, due to the prevalence of existing multi -family complexes. Since the time of the study, further conversion from single-family to multi -family within this area has been requested. Now, almost ten years after the 2008 study, the single-family uses are even more stable now and as such, necessitates the rezoning from RM -H to RS. At a Joint Public Hearing held on February 20, 2017, the Planning Commission Recommended 6:0 to approve a request for a rezoning from RM -H (Residential Multiple Family Dwelling—Highest Density) to RS (Residential Single Family Dwelling) District. Approval of the ordinance. COuncilmember Guidroz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT THE NORTH SIDE OF HAZEL AVENUE BETWEEN 6TH AND 7TH STREETS, HARRISON AVENUE BETWEEN 6" AND 7TH STREETS, THE SOUTH SIDE OF LONG AVENUE BETWEEN 6TH AND 7TH STREETS AND THE WEST SIDE OF 7TH STREET BETWEEN ASHLEY AVENUE AND EVALON AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. COuncllmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Minutes — February 28, 2017 Ordinance 17 — 012 4. Consider a request for a rezoning from A -R (Agricultural -Residential) and GC -MD -2 (General Commercial - Multiple Family Dwelling - 2) District to GC -MD -2 and RS (Residential Single Family Dwelling) Districts, and a Specific Use Permit to allow a retail shopping center with restaurants on the GC -MD -2 portion of the property. Zulag Properties, L.L.C. would like to construct a retail shopping center, and single family residential development, on the property located to the east of Major Drive and north of Village Drive. In March of 2014, a memory care facility looking to locate on the property, rezoned the west half of the property to GC -MD -2. The memory center was not developed at this location and the property has remained vacant. Rezoning the west half of the property to GC -MD -2 would allow it to develop in a manner similar to other properties bordering Major Drive. Rezoning the west half of the property to RS will allow the construction of single family homes. This will match development to the east of the property. The proposed shopping center would consist of a 35,750 sq. ft. building and 216 parking spaces. The proposed tenants would include retail shopping, offices, and restaurants. At a Joint Public Hearing held on February 20, 2017, the Planning Commission Recommended 6:0 to approve a request from A -R (Agricultural - Residential) and GC -MD - 2 (General Commercial — Multiple Family Dwelling - 2) District to GC -MD -2 and RS (Residential Single Family Dwelling) Districts, and a Specific Use Permit to allow a retail shopping center with restaurants on the GC -MD -2 portion of the property with the following conditions: 1. Driveways are subject to approval from TxDOT. 2. A sidewalk must be provided along Major Drive. 3. A buffer, and 8 ft wood or masonry privacy fence, must be provided along the east side of the shopping center, where the project will abut a newly rezoned residential zoning district. 4. Must provide drainage plans along with hydraulic analysis and receive approval of the plan from City Engineering, Drainage District # 6, and TxDOT. Approval of the ordinance with the following conditions: 1. Driveways are subject to approval from TxDOT. 2. A sidewalk must be provided along Major Drive. 3. A buffer, and 8 ft wood or masonry privacy fence, must be provided along the east side of the shopping center, where the project will abut a newly rezoned residential zoning district. 4. Must provide drainage plans along with hydraulic analysis and receive approval of the plan from City Engineering, Drainage District # 6, and TxDOT. Councllmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 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 A -R (AGRICULTURAL - RESIDENTIAL) AND GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICTS TO Minutes — February 28, 2017 GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) AND RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICTS FOR PROPERTY LOCATED AT THE EAST SIDE OF NORTH MAJOR DRIVE, JUST NORTH OF VILLAGE DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 17 — 013 Councilmember Guidroz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL SHOPPING CENTER WITH RESTAURANTS IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT AT PROPERTY LOCATED AT THE EAST SIDE OF NORTH MAJOR DRIVE, JUST NORTH OF VILLAGE DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 17 — 014 5. Consider a request for a Specific Use Permit to allow for the construction of a new storage building in an RCR (Residential Conservation Revitalization) District located at 3230 French Road. Dohn LaBiche has submitted a request for a Specific Use Permit at 3230 French Road. The Hazel & Floyd Mack Scouting Foundation owns the property and would like to construct a new storage facility for the Scout Hut. This new 2,760 sq. ft. building would house the equipment for three scouting units. The use is existing and compatible with surrounding properties. All utilities are in place and accessible to the project. The scouts recently installed a new fence along the east property line, and 5' of the required buffer is needed to accommodate the new structure, therefore a waiver has been requested for the landscaping and screening requirements for the east property line. At a Joint Public Hearing held on February 20, 2017, the Planning Commission recommended 6:0 to approve a request for a Specific Use Permit for The Hazel and Floyd Mack Scout Foundation, Inc., for property located at 3230 French Road, to construct a new storage building for the Scout Hut in an RCR (Residential Conservation Revitalization) District with the following waiver: Minutes — February 28, 2017 1. A waiver to the landscaping and screening requirements for the east property line. Approval of the ordinance with the following waiver: 1. A waiver to the landscaping and screening requirements for the east property line. COuncllmember Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A STORAGE BUILDING FOR THE SCOUT HUT IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 3230 FRENCH ROAD, INCLUDING THE WAIVER, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. COuncllmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 17 — 015 6. Consider a request to abandon a 100'x10' portion of the alley in Block 3, La Salle Addition, Beaumont, Jefferson County, Texas. Charlotte Ann Bordeman, owner of 4630 Jimmy Simmons Boulevard, has applied for the abandonment of a portion of the alley in Block 3, La Salle Addition. Ms. Bordeman states that her property is small and the additional five (5) feet across the rear would be helpful. In addition, a property to the west of 4630 Jimmy Simmons Boulevard may be for sale, and Ms. Bordeman has considered purchasing the property. The existing alleyway would not allow the two (2) properties to be fenced as one. At a Joint Public Hearing held on February 20, 2017, the Planning Commission Recommended 6:0 to approve a request for property located at 4630 Jimmy Simmons Boulevard to abandon a 100'x10' portion of the alley in Block 3, La Salle Addition, Beaumont, Jefferson County, Texas. Approval of the ordinance. COuncilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING AN ALLEY LOCATED AT 4630 JIMMY SIMMONS BOULEVARD, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 17 — 016 Minutes — February 28, 2017 7. Consider a resolution of support for the passage of legislation for the creation of a municipal management district within the boundaries of the City of Beaumont. New Quest Properties is interested in creating a municipal management district within the city limits of the City of Beaumont with the purpose of developing a multi -use development in the City. This municipal management district would require special legislation in the 85th Texas Legislature to allow for the creation of the district. A resolution of support is necessary from the City Council in order to move the legislation forward. The proposed municipal management district would include ± 364.6 acres bordered on the north by Delaware Street; on the east by Dowlen Road and on the south by Gladys Ave. Approval of resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL SUPPORTS THE PASSAGE OF SPECIAL LEGISLATION IN THE 85TH TEXAS LEGISLATURE FOR THE CREATION OF A MUNICIPAL MANAGEMENT DISTRICT AND THAT THIS RESOLUTION SHALL BE IN FULLFORCE AND EFFECT FROM AND AFTER ITS PASSAGE. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 17 — 043 8. Consider a resolution approving the award of a contract to Fleetcor Technologies Operating Company dba Fuelman, of Norcross, Georgia to supply fuel at automated City - owned fuel sites. The City maintains two (2) automated fuel sites on City property. Bids were solicited for a three (3) year contract to supply gasoline and diesel fuel to these sites. There is an option for two (2) renewals of one (1) year each. Fuel cards are assigned to individual City vehicles and may be used to obtain fuel from contracted retail locations or from the City - owned sites. Pricing is based on the Oil Price Information Service (OPIS) published rates for Beaumont, Texas. The OPIS posts rates for PADD 3, which is the Gulf Coast Region including the State of Texas. Contract prices are based on the Beaumont Rack Price as printed in the OPIS PADD 3 report for the previous week. Thus, the rate that the City will pay will change weekly based on the weekly OPIS rate plus the service fee for dispensing the fuel as outlined below. In FY16, the City spent about $1,578,000 for fuel at the automated locations. Bids were solicited from eleven (11) vendors. The sole response was from Fuelman, who held the previous contract. Pricing is as follows: Minutes — February 28, 2017 LOCATIONS OPIS PADD 3 POSTED RATE PLUS OPIS PADD 3 POSTED RATE PLUS Unleaded Diesel City -owned consignment locations $0.134 / gal $0.134 / gal Retail locations $0.124 / al $0.244 / gal Unattended locations $0.144 / gal $0.144 / gal General (63%), Water (16%) and Solid Waste (21 %) Fund. Approval of the resolution. Councllmember Pate moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY FLEETCOR TECHNOLOGIES OPERATING COMPANY DBA FUELMAN, OF NORCROSS, GEORGIA, FOR THE SUPPLY OF UNLEADED GASOLINE AND DIESEL FUEL FOR AUTOMATED FUEL SITES BE ACCEPTED BY THE CITY OF BEAUMONT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH FLEETCOR TECHNOLOGIES OPERATING COMPANY DBA FUELMAN. Councilmember Guidroz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 17 — 044 9. Consider a resolution approving the award of a contract to Tri -Con of Beaumont to supply fuel at non -automated fuel sites. The City maintains seven (7) non -automated fuel sites on City property. Bids were solicited for a three (3) year contract to supply gasoline and diesel fuel to these sites. There is an option for two (2) renewals of one (1) year each. Pricing is based on the Oil Price Information Service (OPIS) published rates for Beaumont, Texas. The OPIS posts rates for PADD 3, which is the Gulf Coast Region including the State of Texas. Contract prices are based on the Beaumont Rack Price as printed in the OPIS PADD 3 report for the previous week. Thus, the rate that the City will pay will change weekly based on the weekly OPIS rate plus the service fee for dispensing the fuel as outlined in the attached bid tab. In FY16, the City spent about $135,000 for fuel at the non - automated locations. Bids were solicited from eleven (11) vendors. Only two (2) responses were received. Tri - Con is the lowest priced responsible vendor and held the previous contract. The price per gallon above the OPIS rate for unleaded and diesel is $0.1399. The price per gallon above the OPIS rate in the previous contract was $0.1299. General (7%) and Solid Waste (93%) Fund. Approval of the resolution. Minutes — February 28, 2017 Councilmember Guidroz moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY TRI - CON, INC., OF BEAUMONT, TEXAS, FOR THE SUPPLY OF UNLEADED GASOLINE AND DIESEL FOR NON - AUTOMATED FUEL SITES AT $.1399 PER GALLON ABOVE THE OIL PRICE INFORMATION SERVICE (OPTS) PUBLISHED RATE FOR BEAUMONT, TEXAS BE ACCEPTED BY THE CITY OF BEAUMONT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH TRI - CON, INC. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 17 — 045 10. Consider a resolution authorizing the City Manager to execute Amendment No. 1 to the Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Dowlen Road Extension Project. The City of Beaumont received an earmark in the amount of $2,764,800 in 2005, under the congressional High Priority funding category, to reconstruction the Dowlen Road Extension from US Highway 90 (College Street) to Walden Road. The original scope of work included the construction of a four -lane concrete curb and gutter roadway with left turn lanes at the major intersections. The total project cost at this time is estimated at $11,834,000 when including water and sewer upgrades. The City share of the project ($11,834,000 - $2,764,800 earmark) is estimated at $9,069,200. The City does not have the necessary funds available at this time to move forward with the project and will likely lose the earmark if the funds are not redirected. The proposed scope of work under Amendment No. 1, will extend Dowlen Road as reflected in Attachment B-1. The estimated construction cost will be $3,616,904. The City will be responsible for $692,240. Capital Program. Approval of resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE LOCAL TRANSPORTATION PROJECT ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE DOWLEN ROAD EXTENSION PROJECT. Councilmember Guidroz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 17 — 046 Minutes — February 28, 2017 Public Comments (Persons are limited to three minutes) Wayne Parker 129 Berkshire Ln. Beaumont TX Stated to Council that he has resided at his present address for 5 '/z years, complained about his neighbor that is running a barber shop out of his garage, he cuts hair on Wednesday, Thursday and Friday evenings, has made numerous complaints to Code Enforcement, they have come out in the morning hours when the neighbor isn't cutting hair, the City Manager has authorized a Code Enforcement staff person to come out after 5:00 p.m., on February 1, 2017, there were six 6 cars and on February 2, 2017 there was 20 cars there, the state board of license has caught him and fined him $750.00, he is an unlicensed barber, he has been caught by a Code Enforcement officer and nothing still hasn't been done, the traffic is horrible when he has all of these people at his residence, asked for some type of help from the City of Beaumont Kenneth Tyler 5160 Seale Road Beaumont TX Asked if the City Council could look into Veterans receiving a discount for the use of the Golf and Tennis facilities within the City �KelJ,I►'il:I►111&'� Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER GUIDROZ - ANNOUNCED UPCOMING EVENTS FOR THE MONTH OF MARCH, ST. JOSEPH DAY, LAMAR UNIVERSITY BASKETBALL, GUSHER MARATHON, SPINDLETOP AND DUTY CALLS, ALSO COMMENTED ON SEVENTEEN PULPITS THAT ARE CHANGING PASTORS TO COMMUNICATE WITHIN THE CITY, ANOTHER GOOD DAY IN BEAUMONT COUNCILMEMBER GETZ - ANNOUNCED DELI DAYS ON THURSDAY, APRIL 2, 2017, THIS YEAR THEY ARE OFFERING DINE IN AND TAKE OUT, IF ANYONE NEEDS TICKETS THEY CAN PURCHASED FROM HIM OR HIS WIFE ALLISON GETZ, THANKED NEW QUEST FOR COMING TO THE MEETING AND FOR THE CREATION OF THE MUNICIPAL MANAGEMENT DISTRICT WITHIN THE BOUNDARIES OF THE CITY OF BEAUMONT, THIS WILL BE A GREAT ASSET TO THE CITY COUNCILMEMBER WRIGHT - STATED THAT SHE HOPES THE 85TH TEXAS LEGISLATURE WILL APPROVE THE MUNICIPAL MANAGEMENT DISTRICT, WOULD ALSO LIKE TO SEE THE SAME THING HAPPEN IN THE SOUTH EASTERN PART OF TOWN, WOULD LIKE TO SEE SOME TYPE OF COMPANY MAKE THIS HAPPEN AROUND LAMAR UNIVERSITY, WE HAVE TO DEVELOP ALL PARTS OF THE CITY TO MAKE IT STRIVE, STATED THAT SHE AND THE MAYOR ARE THOROUGHLY INVOLVED IN THE "NOT IN MY CITY" Minutes — February 28, 2017 PROGRAM, THEY JUST WEREN'T ABLE TO ATTEND THE MEETING THAT TOOK PLACE ON FRIDAY, STATED THAT SHE ATTENDED WEST END BAPTIST CHURCH WHERE OFFICER JESSICA MCCAULEY WAS RECOGNIZED ALONG WITH HER HUSBAND, WHISHED WILLIAM AND DELLA COLLEY A HAPPY 65TH WEDDING ANNIVERSARY, THEY ARE MEMBERS OF WEST END BAPTIST CHURCH COUNCILMEMBER PATE - THANKED NEW QUEST FOR THE MUNICIPAL MANAGEMENT DISTRICT, THIS WILL BE GREAT FOR BEAUMONT, STATED THAT MARCH IS WOMEN'S HISTORY MONTH, ALSO COMMENTED ON LAMAR UNIVERSITY WOMEN'S BASKETBALL TEAM, ANNOUNCED THE TASTE OF THE TRIANGLE ON TODAY AT THE BEAUMONT CIVIC CENTER, THE BEAUMONT COMMUNITY FORUM AT HARVEST OF LOST SOULS, ON THURSDAY, MARCH 2, 2017, AND DANCING WITH THE STARS AT THE BEAUMONT CIVIC CENTER COUNCILMEMBER SAMUEL - ABSENT MAYOR PRO TEM MOUTON - THANKED NEW QUEST SO MUCH FOR THEIR PROJECT, IT WILL CHANGE THE CITY AND WILL MAKE IT BLOSSOM AND GROW, THANKED MR. KENNETH TYLER THAT SPOKE EARLIER FOR SERVING OUR COUNTRY, STATED THAT SHE IS HIS WARD COUNCILMEMBER AND WOULD SPEAK WITH HIM AFTER THE MEETING, THANKED LENNY CABALLERO AND STAFF FOR THE AWESOME CONCERT WITH KIRK FRANKLIN OVER THE WEEKEND, SPOKE REGARDING THE TEXAS LEGISLATIVE BLACK CAUCUS AFRICAN AMERICAN SUMMIT THAT SHE ATTENDED, CONGRATULATED JOSHUA PAYNE, HE IS THE SON OF TRACY AND JAMES PAYNE WHO WAS A SCHOLARSHIP RECIPIENT AT THE AFRICAN AMERICAN SUMMIT, WHO IS FROM BEAUMONT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - ANNOUNCED THAT THERE WILL NOT BE A CITY COUNCIL MEETING ON MARCH 7TH AND 14TH, COUNCIL WILL MEET AGAIN ON MARCH 21, 2017, COUNCIL WILL BE IN AUSTIN ON THE MARCH 7, 2017, TO SPEAK WITH THE TEXAS LEGISLATURES FOR OUR REGION AS WELL AS ATTENDING GOLDEN TRIANGLE DAYS ON MARCH 14, 2017 Minutes — February 28, 2017 There being no Executive Session, Council adjourned at 2:42 p.m. A4,fio available gpon request in the City Clerk's Office. Tina Broussard, City Clerk Minutes — February 28, 2017