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HomeMy WebLinkAboutPACKET MAR 27 2001 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 27, 2001 1:30 P.M. AGENDA OPENING * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 7 - 11 * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from A-R(Agricultural-Residential) to RM-H (Residential Multiple Family Dwelling-Highest Density) District for a vacant 11 acre tract of land located approximately 1,592 feet north of Folsom Road 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) and RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a personal storage warehouse at 1655 S. Major Drive 3. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)to PUD (Planned Unit Development) District for a 12.01 acre tract located in the 3300 block of N. Dowlen Road 4. Consider a request for a specific use permit in a GC-MD (General Commercial- Multiple Family Dwelling) District for light fabrication of wire rope slings and industrial supply distribution of wire rope and chain wire slings for the trade 5. Consider a request for a specific use permit in an RCR(Residential Conservation and Revitalization) District to allow an existing residence at 2670 McFaddin Avenue to be converted into a medical office 6. Consider a request for an HC-L (Historic Cultural Landmark Preservation) designation for the house located at 325 71' Street 7. Consider an ordinance amending Chapter 28, Article III by adding Section 28-57, requiring backflow preventers at each potentially hazardous connection to the City of Beaumont's water system 8. Consider approving a contract for the construction of the Theodore R. Johns, Sr. Library 9. Consider a resolution opposing the Texas Department of Transportation's (TxDOT's) Legislative Appropriations request submitted for FY 2002-2003 which contains a reduction of over $20 million from that appropriated for FY 2000-2001 10. Consider the appointment of a designated hearing officer to preside at the appeal of the suspension of the towing permit for Bra-K Wreckers 11. PUBLIC HEARING: 2001 Action Plan of the Consolidated Grant Program WORK SESSION * Review recommendations from city staff and the Community Development Advisory Committee relating to the 2001 Action Plan of the Consolidated Grant Program EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Janice Haynes v. City of Beaumont, et al Jane Doe v. City of Beaumont, et al COMMENTS * Councilmembers comment on various matters * City Manager Report * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 Consider a request for a zone change from A-R.(Agricultural-Residential) to RM-H (Residential Multiple Family Dwelling-Highest Density) District for a vacant 11 acre tract of land located approximately 1,592 feet north of Folsom Drive City of Beaumont ~ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 27, 2001 AGENDA MEMO DATE: March 20, 2001 REQUESTED ACTION: Council consider a request for a zone change from A-R(Agricultural- Residential)to RM-H(Residential Multiple Family Dwelling-Highest Density)District for a vacant 11 acre tract of land located approximately 1,592 feet north of Folsom Drive. RECOMMENDATION The Administration recommends denial of the original request for a zone change from A-R (Agricultural-Residential)to GC-MD (General Commercial-Multiple Family Dwelling) District or a more restrictive zoning district for a vacant 11 acre tract of land located approximately 1,592 feet north of Folsom Drive,but recommends approval of the amended request for a zone change to RM- H (Residential Multiple Family Dwelling-Highest Density) District. The GC-MD district allows almost all retail and service businesses. The land on the sides is vacant and there are single family residences situated west of the site. Commercial centers should be located at the intersections of major streets. This could be considered a "spot zone" since all surrounding zoning is A-R or RM-H. BACKGROUND The request to GC-MD was to enable the applicant to construct 150 apartment units on seven acres and develop a retail commercial strip on the remaining four acres. Land on the east side of N. Major (FM 364) is vacant farm land. Located across Major to the west is an apartment complex and a single family subdivision(Westhaven Terrace). BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held March 19, 2001, the Planning Commission voted 5-0 to approve a zone change from A-R (Agri cultural-Residential) to RM-H (Residential Multiple Family Dwelling-Highest Density) District for a vacant 11 acre tract of land located approximately 1,592 feet north of Folsom Drive. RM-H would allow for some office type uses with a specific use permit. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a zone change from A-R (Agricultural-Residential) to RM-H (Residential Multiple Family Dwelling-Highest Density) District for a vacant 1 1 acre tract of land located approximately 1,592 feet north of Folsom Drive. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED A-R (AGRICULTURAL-RESIDENTIAL) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING- HIGHEST DENSITY) DISTRICT FOR A VACANT 11 ACRE TRACT LOCATED ON THE EAST SIDE OF FM 364, APPROXIMATELY 1,592 FEET NORTH OF FOLSOM DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEALAND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as A-R (Agricultural-Residential)to RM-H (Residential Multiple Family Dwelling-Highest Density) District for a vacant 11 acre tract located on the east side of FM 364, approximately 1,592 feet north of Folsom Drive, BEING that certain 11.1 acre tract out of the W.B. Dyches Survey, Abstract 17, Jefferson County, Texas and being out of the 200.686 acre tract conveyed to Latex Investors, LP as recorded in Clerks File No. 2000021770 of the Official Public Records of Real Property of Jefferson County, Texas said 11.1 acres being more particularly described by metes and bounds as follows: COMMENCING at a 3/4" iron rod found in the east right-of-way line of North Major Drive for the northwest corner of the remainder of a 42.87 acre tract G 1Rh1WAzone w-ange ord conveyed to First Baptist Church as recorded in Clerks File No. 94-9423309 of the Official Public Records of Real Property Jefferson County, Texas being the most northerly southwest corner of the said 200.686 acre tract; THENCE North 02049'37"West along the said east right-of-way line of North Major Drive, a distance of 40.00 feet (called North 02°49'37" West) to a '/i' capped iron rod set in the north line of a proposed 40 foot wide DD6 right-of- way for the southwest corner of the said 11.1 acre tract and the POINT OF BEGINNING; THENCE North 02'49' 37"West continuing along the said east right-of-way line of North Major Drive, a distance of 450.16 feet (called North 02° 49'37" West) to a '/i' capped iron rod set for the northwest corner of the said 11.1 acre tract; THENCE North 87° 09' 40" East, a distance of 1073.99 feet to a '/i' capped iron rod set in the west line of a proposed 50 foot wide DD6 right-of-way for the northeast corner of the said 11.1 acre tract; THENCE South 02° 50'41" East along the said west line of the proposed 50 foot wide DD6 right-of-way, a distance of 450.16 feet to a '/Z'capped iron rod set at the intersection of the said north line of the proposed 40 foot wide DD6 right-of-way for the southeast corner of the said 11.1 acre tract; THENCE South 87° 09' 40" West along the said north line of the proposed 40 foot wide DD6 right-of-way a distance of 1074.13 feet to the POINT OF BEGINNING and containing 11.1 acres of land, more or less, as described - 2 - G\RMWlzone change ord on Exhibit"A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of March, 2001. - Mayor- - 3 - G`RMVMzone change ord FILE 1550-Z: Zane change request from A-R (Agricultural - Residential) to GC-MD NORTH (General Commercial - Multiple Family Dwelling) district. Location: East side of FM 364, approximately 1,592 feet north of Folsom Dr. ..,•„ Applicant: Charles Levendecker SCALE N.T.S. 1 _ ..... N r R l c.• ! / � }Vt S I 1 1 (� �• i! y. APARTMENTS- 1 1 . 1 AC. oo o SUBJECT O � o A— F t 0 • � -•,-s._•--- ..eau.._ _ EXHIBIT "A„ CITY "IUITS FUTURE FOLSOM EXTENSION T-- 2 Consider a request for a zone change from RS (Residential Single Family Dwelling) and RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District and a specific use permit to allow a personal storage warehouse at 1655 S. Major Drive City of Beaumont �x K1 Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 27, 2001 AGENDA MEMO DATE: March 20, 2001 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)and RM-H(Residential Multiple Family Dwelling-Highest Density)to GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a personal storage warehouse at 1655 S. Major Drive. RECOMMENDATION The Administration recommends approval of the zone change from RS (Residential Single Family Dwelling) and RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a personal storage warehouse at 1655 S. Major Drive. BACKGROUND The applicant proposes to build an air conditioned and heated brick, masonry and metal 40,000 square foot warehouse. All storage units are to be located within the building. This is a self storage facility. Landscaping, trees and screening fences will be installed. An irrigation system will provide water for the landscaping. The applicant will also install wrought iron fencing in addition to the required screening. The warehouse will have offices and restrooms. Lots 12-14 are zoned RM-H. Lots 15 and 16 are zoned RS. The GC-MD-2 district requires a specific use permit. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held March 19, 2001, the Planning Commission voted 5-0 to approve a zone change from RS (Residential Single Family Dwelling) and RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a personal storage warehouse at 1655 S. Major Drive. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Executive Assistant to City Manager.-Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a zone change from RS(Residential Single Family Dwelling)and R.M-H(Residential Multiple Family Dwelling-Highest Density) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a personal storage warehouse at 1655 S. Major Drive. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICTAND RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 1655 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District and RM-H(Residential Multiple Family Dwelling-Highest Density)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District for property located at 1655 S. Major Drive, being Lots 12, 13, 14, 15, and 16, Block "A," Mayfair Addition to the City of Beaumont, Jefferson County, Texas, containing 3.6 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. G RMWlzone change ord Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of March, 2001. - Mayor - - 2 - G\RMW\zone charge ord FILE 1551-ZIP: Zone change request from RS (Residential Single Family Dwelling) NORTH and RINI-H (Residential Multiple Family Dwelling - High Density) to G6-iv1D-2 — (General Commercial - Multiple Family Dwelling - 2) District and an application for a specific use permit to allow a personal storage warehouse. SCALE — Location: 1655 S. Major Drive (FM 364) t"-200' Applicant: Eugene R. Allen �w�r Recce 160 tu�oE 1<0° , A to G C - M ��.N, hib b . ; 7. -40, 0 %C40 M • • RM = M . I L of 4 RS o J w ►1 �� iR�il/£R I OR 6o h n I t7 Q SI CO i - Cf �eSQ a l-v r FRAZIER DR. I 8 i at ps P 1Z 1 Y P g� � EXHIBIT "A" ,. ,. e $ $ P r ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PERSONAL STORAGE WAREHOUSE IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT 1655 SOUTH MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Eugene R. Allen to allow a personal storage warehouse in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 1655 South Major Drive, being known as Lots 12, 13, 14, 15, and 16, Block "A," Mayfair Addition, Beaumont, Jefferson County, Texas, containing 3.6 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, with a waiver of the 10' wide buffer requirement on the east property line; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a personal storage warehouse in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 1655 S. Major Drive, being GARMWlsup ord known as Lots 12, 13, 14, 15 and 16, block 'A" Mayfair Addition, Beaumont, Jefferson County, Texas, containing 3.6 acres, more or less, is hereby granted to Eugene R. Allen, his legal representatives, successors and assigns for those certain tracts as described in Exhibit "A" attached hereto and made a part hereof for all purposes, with a waiver of the ten foot (10') wide buffer requirement on the east property line. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of March, 2001. - Mayor - - 2 - G\RMVAsup ord F1I1 1551-2JP: Zone change request from kS (Residential Single Famih' Dwelling) NORTH and WNI-H (Residential Multiple Family Dwelling - High Density) to GC-MD-2 . — (General Commercial - Multiple Family Dwelling - 2) District and an application for a specific use permit to allow a personal storage warehouse. SCALE Location: 1655 S. Major Drive (FM 364) P-200' _ Applicant: Eugene R. Allen ki DCV l(oo� W/DE �� a to GC - MD RS � = I A 00 � � 8 a 3 'Aglcc RM � M 0 w r JR 5 Z - I.� ,$ �R S� . /r� 11 FRAZIER DR. 8 s 46.A M I - J I 'gyp �x yg��,NagfO 10 I_ e Fe EXHIBIT "A" " � ft'.[A H,Ily If f 11 4.0 'l)'IAl1 [{\N1D/<.NtCIEILKl1YJ5(YY,RSI7/ Cf1Aim • '� ( I '4 -I I I I � I � -I 1 � l �� � ' ( ;„ C) 100, Off' I i i � i ,L ( � •1 t 1 V ♦rl yp, } 1 1 I C W I V ( 5 %o R J W U) ♦� 1 kll IS TOTAL: 40 00 s j -L ' I 1 1 $ J � SPAC 1 I Ik rylll r.wl J I / ITS ,. �, rgy.(I ly fl Wn Yntl) �.1 • rL Ill` ) `I)\ .cn (f47 ►.41) •7 (�I[ fP Vl 1•( f>tlaMYla � ) u .•. PIA0 1v .64 ON - - rlw(.IlveRf5.-9zf5fo[if VfffRAMfv . ..,.. ! SITE PLAN SOUTH MAJOR ORIVE y� .1 ,:. .: ll l ti:l •�: PROPOSED HEM PERSO&L STOO G`? &GE F&C OLOT 'i 1665 SOUTH MAJOR DRIVE W k VP1G I V '6;11(1 I I W11fl�1[D) ("0 J&W ) 116,41E 140 Wk I'L";ql f 'All wl i LX'KTf lffty 'AhllAQV'4tA1 (11'j1:1If1M f:11N ROc1 (RIM Wfnl WA PNfl - rr u �- — ----- Iii' PAVE I E:1l11f amm---on FRONT ELEVATION (WEST- -MAJOR DRIVE) 4. SINY1nIFD51CM clx'If1( MEEK Fogg. WK WA PNfI Pn55nlf 0(1(4' L�RK.K V[f�fER � --- MEfH-G1fIER - k il diL LLI_ _ _ ( L -_1 LL1.1_.LL1. RIGHT SIDE ELEVATION (SOUTH--NORTH SIMILAR 0/H) IH ' PROPOSED SCUD a0W PEG°3S00 SQL STORAGE FIMLOTY MISS SOUTH MAJOR DRIVE 3 Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to PUD (Planned Unit Development) District for a 12.01 acre tract located in the 3300 block of N. Dowlen Road MAW City of Beaumont Q19 Council Agenda Item A K TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 27, 2001 AGENDA MEMO DATE: March 20, 2001 REQUESTED ACTION: Council consider a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) to PUD (Planned Unit Development) District for a 12.01 acre tract located in the 3300 block of N. Dowlen Road. RECOMMENDATION The Administration recommends approval of the zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to PUD (Planned Unit Development) District for a 12.01 acre tract located in the 3300 block of N. Dowlen Road. BACKGROUND The applicant's letter states that the owners want to amend the zoning..."to a PUD in order to allow some flexibility to compliment the office setting." PUD districts allow mixed residential, commercial and office land uses. Other requirements to develop a PUD include specific use permits for any use other than single family residential. A PUD must contain at least five acres of land. Buildings shall not exceed 35' in height without authorization from the City Council. There is a 25' building setback required around the entire tract. The land use plan, as required by the Zoning Ordinance, lists the proposed general land uses. These uses include holding and investment offices, real estate offices, insurance agency offices, professional business offices, doctor or dental offices, legal services, mortgage company offices, book store,jewelry store, apparel boutique and gourmet coffee shop. This 12.01 acre tract was rezoned to R.M-H from RS in October of 1999. Also approved was a specific use permit for eight professional office buildings. To date,three building permits have been issued for three buildings. The original specific use permit site plan called for eight buildings. The current request shows six buildings. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held March 19, 2001, the Planning Commission voted 5-0-1 to approve a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to PUD (Planned Unit Development) District for a 12.01 acre tract located in the 3300 block of N. Dowlen Road. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to PUD (Planned Unit Development) District for a 12.01 acre tract located in the 3300 block of N. Dowlen Road. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF A 12.01 ACRE TRACT LOCATED IN THE 3300 BLOCK OF NORTH DOWLEN ROAD, PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO PUD (PLANNING UNIT DEVELOPMENT) DISTRICT, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property located in the 3300 Block of N. Dowlen Road, presently zoned RM-H (Residential Multiple Family Dwelling-Highest Density) District to PUD (Planned Unit Development) District, being a 12.01 acre tract of land situated south and west of Drainage District#6 Ditch No. 123 and the Hillebrandt Bayou, north of the Dowlen Road Church of Christ, east of and fronting the east side of Dowlen Road, said 12.01 acre tract also being known as BP Amoco Production Company Surplus Property Tract No. 114, said tract lying within Tax Tract 54, Plat SP-1, H. Williams Survey, Ab-56, Beaumont, Jefferson County, Texas, as shown on Exhibit"A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. G'R~zone change ord Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of March, 2001. - Mayor - - 2 - GARMWzone change ord RSRS I I CALVARY � o FILE 1552-Z: Request for an zone change from BAPTIST RM-H (Residential Multiple Family Dwelling - o% CHURCH High Density) to PUD (Planned Unit RS Development) District. WEST END do Location: 3300 blk. of N. Dowlen Rd. Y.M.C.A. ��� Applicant: Brentwood Inv. Dev. Co. (Brent Coon) RM-H 12.01 ACRES !BARRINGT0N TUSCANY / PARK. ■ (UNDER CONSTRUCTION) ` HEIGHTS ' ' I 1 PROPOSED PUD G C-M D 2 v MONTCLAME N s RS T DOWLEN _ - - - - - ROAD i CHURCH OF � CH141ST (UNDEVELOPED) R C Doi�DEL S SUBJECT RS INVESTMENTS LTD. Q SITE r cc GC-MD Z GC— D2 ONTCUME o S BRENT COON i I APPUCaNr: l BRENTWOOD INVESTMENTS GC-MD DEVELOPMENT CO., LP. P.O. BOX 4905 BEAUMONT, TEXAS 77704 DELAWARE STREET 1 EXHIBIT "B" arroll& PREPARED er: TO ACCOMPANY IacA7= Consulting Enginars&S,v eymT REQUEST FOR ZONING CHA NC.F 1360 7th Stmt - - Beaumont, T=w 77702-1305 FEBRUARY 2001 (4M)83"118..a3-330 EXHIBIT "A" �•r rb,.'^4� !pp ` OR.,Nq•067+tC7 rD a " �j G+WhaC fG4[ dodo - - p�"rDT B,rp dodo..• —. �f`• �`\j•�.• ���� . G t'. f0' i K17 •T�41t �y'� �• Wit let 1: '—do do_...rr+•.�. +` `~ .-„" s 7.7.Or • —=- �.��� '� 1 —GLIARV2AM5T -- CHURCH 1 • yt+y LOT 5 •• M •.II r..- •t, FF LOCATION MAP Nis dodo `a1 �' •• • /-, dodo...._ e r° LOT,� � ! /�f , . • '� ~-- `' DOMLENROAD _ ..orps[o"At" Elsa •. CHURCfi 0FFCNRIsr .t •n.a au.n dorm LOT r �+ •I I LOT I ,I j dorm LOT 3 W, i "" 2 A i �y. ��• . It F'•!( ' ' 1 ' r •N•(NII' I�I'�11�{ (i' {i. { � i __,._. ���.f.- _-- _.�: � �_.:_:•._- --- -_--., .- --.:{.`.{1_,f:Jf-:Ll!_1_.I!.!!11_L!L�LL�Mi'------} ! i� ��, dodo._ lab-•-• �`r�-•- LAND USE PLAN DOWLEN ROAD .- ' FOR WEST END Y.Af.GA. — DOMTrEL INYESTA/ENTS,I.TU.• pmm M. ,dodo, ' •' , A,• A PLANNED UNIT DEVELOPMENT ow 0w,Coo" - pow 1011 41401 LOTS 1-6 our OF ACKW THE It WILLIAMS SURVEY. ABSTRACT NO 58 ""m"w a"" pM LOCATED IN a..no REAt1MONT, JEFFERSON COUNTY. TEXAS ="t fEDRUARr 2001 �'�' rJe(•tea ((''`� t1lrrMrr ar (�('"•(��++-+�•( So"1 ,rt ar +rAW nrA ar.AO rruVd[ tfp""000 1NYF S74FNT'ti "VELOPUF.NT 1'0.1 T r1G v.._t..rNM a.r n•rAyrNt.w..( 4 Consider a request for a specific use permit in a GC-MD (General Commercial-Multiple Family Dwelling) District for light fabrication of wire rope slings and industrial supply distribution of wire rope and chain wire slings for the trade Cit y of Beaumont l Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 27, 2001 AGENDA MEMO DATE: March 20, 2001 REQUESTED ACTION: Council consider a request for a specific use permit in a GC-MD (General Commercial-Multiple Family Dwelling) District for light fabrication of wire rope slings and industrial supply distribution of wire rope and chain wire slings for the trade. RECOMMENDATION The Administration recommends approval of the specific use permit request in a GC-MD (General Commercial-Multiple Family Dwelling) District for light fabrication of wire rope and chain slings and industrial supply distribution of slings for the trade. BACKGROUND The Manchester Sling Company wants to relocate to the site of a former scaffolding company. There is an existing warehouse located on the property at the northwest corner of Frederick and Sabine Pass. However, the scaffolding company (special trades contractor) has been absent from the site for more than two years. Therefore, the sling company is required to apply for the specific use permit. The company buys steel wire and chain in large quantities and designs and fabricates the product into slings to order. Various industries and manufacturers use the slings in their respective operations. The assembly of the slings will be done inside the warehouse. The warehouse - constructed many years ago - is positioned on the north and west property lines. It has dimensions of 60' x 140' or 8,400 square feet. The property measures approximately 214' x 200'. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held March 19, 2001, the Planning Commission voted 6-0 to approve a specific use permit in a GC-MD (General Commercial-Multiple Family Dwelling) District for light fabrication of wire rope and chain slings and industrial supply distribution of slings for the trade. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a specific use permit in a GC-MD (General Commercial-Multiple Family Dwelling) District for light fabrication of wire rope and chain slings and industrial supply distribution of slings for the trade. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO LIGHT FABRICATION OF WIRE ROPE AND CHAIN SLINGS AND INDUSTRIAL SUPPLY DISTRIBUTION OF SLINGS FOR THE TRADE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 2050 SABINE PASS AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Manchester Sling Company, Jim Steele, to allow light fabrication of wire rope and chain slings and industrial supply distribution of slings for the trade in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2050 Sabine Pass Avenue, being Lot 14 and part of Lot 1, Block 2, Johnson Addition (aka Tax Tract No. 11), D. Brown Survey, Ab- 5, City of Beaumont, Jefferson County, Texas, containing 0.99 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met, and a specific use permit to allow light fabrication of wire rope and chain slings and industrial supply distribution of slings for the trade in GC-MD (General Commercial- G:%RMVftup ord Multiple Family Dwelling) District at 2050 Sabine Pass Avenue, being Lot 14 and part of Lot 1, Block 2, Johnson Addition (aka Tax Tract No. 11), D. Brown Survey, Ab-5, City of Beaumont,Jefferson County,Texas,containing 0.99 acres, more or less, is hereby granted to Manchester Sling Company, Jim Steele, its legal representatives, successors and assigns for those certain tracts as described in Exhibit"A"attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of March, 2001. - Mayor- — 2 — G.1RM%Msup ord 71 FILE 1549-P: Request for a specific use permit to allow the fabrication of Steel Wire NORTH Rope Slings in an area zoned GC-MD (General Commercial - Multiple Family Dwelling). • Location: 2050 Sabine Pass Ave. SCALE Applicant: Jim Steele for Manchester Sling Company I"=200' I r 10 —- — -- 4J - - 54 �` N- 1 0, SCHWARNER ST. RCR Q _Q ., Z 1 / ►• ' f 1 • Y, ,l < ��--- - -• _ ... �, _ �• _ mot' . N r ( FI .• C O•i 4 1 ? Z ; '^ MCGOV RN ST. _ r CL — Z W , l a `RE FREDERICK ST. ��+ ' !�-�• SUBJECT* - Ih � W ; MARY ST. ! h- Q L aw5' y - r .., W I is i° Q so I -MI 2 „ Q 'Ve • N EI CY ST. 4 Z I es ? t _ _-� r. err 1 � -4 10A O � FLOWERS ST. 6 1 1 • /� �• Ii f I Q I7 M .. I d :. N yam• � � 7•� �` _ l 3 "A" EXHIBIT - - ' d -- - 09kiL-011AL— Sett r- , , gU iL p wo NE►G F r �T H/LN657 Pol Kr. Pro Pf gTy Is, b Fr. Pv4?,e'A N s FE 9CF- W iw r4- 0oixLe a�9ru yARt> 1S SIrA81 McGovern Street t' w `* . s Y n. + �' ez C I'• ••L ��t..i:.:ayt .G:. W aNy 4 a'�r r Dom�c��R ��-��`�z � �" �•�`��: • . .�!f� ��� .: t �� > h btu to Fredrick ok Ij4• o Fr, GATE �� a w 30 F,6A w m MM Street \1 illC6 � EN`SAN �,} •� In 5 Consider a request for a specific use permit in an RCR(Residential Conservation and Revitalization) District to allow an existing residence at 2670 McFaddin Avenue to be converted into a medical office Cit y of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 27, 2001 AGENDA MEMO DATE: March 20, 2001 REQUESTED ACTION: Council consider a request for a specific use permit in an RCR (Residential Conservation and Revitalization) District to allow an existing residence at 2670 McFaddin Avenue to be converted into a medical office. RECOMMENDATION The Administration recommends approval of the specific use permit request in an RCR(Residential Conservation and Revitalization) District to allow an existing residence at 2670 McFaddin Avenue to be converted into a medical office. BACKGROUND Dr. R. P. Sotolongo wants to enlarge his cardiology practice which is occupying the commercial building at 2693-2695 North Street. The subject lot and structure on McFaddin lie south of and abutting his property on North Street. The plan is to provide two exam rooms with space for nursing, technical and clerical personnel. The clinic treats cardiovascular disease. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held March 19, 2001, the Planning Commission voted 6-0 to approve a specific use permit to allow an existing residence at 2670 McFaddin Avenue to be converted into a medical office. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a specific use permit to allow a an existing residence at 2670 McFaddin Avenue to be converted into a medical office. J S.E. Texas Cardiology Associates ll, L.L.P. February 8,2001 The Planning Commission and City Council City of Beaumont,Texas 801 Main Street Beaumont,Texas 77701 RE: Specific Use Permit Dear Members of the Commission and City Council, We are requesting permission to renovate the property located at 2670 Mcfaddin Street, Beaumont, Texas 77702. We would like to request a specific use permit to begin construction at this site. The renovation will include constructing two exam rooms with additional space for nursing, technical and clerical personnel as well as medical equipment We plan on providing cardiovascular medical services and diagnostic testing to patients with confirmed or suspected cardiovascular disease. Our staff will consist of one physician, one nurse, two technicians and two clerical support personnel. This project will create three new employment opportunities within our organization. We appreciate your consideration and attention to this matter. Respectfully Submitted, Rodolfo P. Sotolongo, M.D. RPS/bp 755 S ELEVENTH STREET.SUITE 270 • BEAUMONT.TEXAS 77701 • (4091835-2112 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EXISTING RESIDENCE TO BE CONVERTED INTO A MEDICAL OFFICE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2670 MCFADDIN AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to R. P. Sotolongo, M.D., to allow the conversion of an existing residence into a medical office in an RCR (Residential Conservation and Revitalization) District located at 2670 McFaddin Avenue, being Lot 21 and the east '/2 of Lot 20, Block 52, Averill Addition to the City of Beaumont, Jefferson County, Texas, containing 0.26 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met to allow the conversion of an existing residence into a medical office in RCR (Residential Conservation and Revitalization) District located at 2670 McFaddin Avenue, being Lot 21 and the east '/z of Lot 20, Block 52, Averill Addition to the City of Beaumont, Jefferson County, Texas, containing 0.26 acres, more or less, as shown on Exhibit "A" attached G.\RMW\sup ord hereto attached hereto, is hereby granted to R. P. Sotolongo, M.D., his legal representatives, successors and assigns for those certain tracts as described in Exhibit"A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27thday of March, 2001. - Mayor - - 2 - G:\RM\Msup ord FILE 15.1.8-P: Request for a specific use permit to allow a medical office in an area N'ORTA I zoned RCR (Residential Conservation Revitalization). A Location: 2670 McFaddin Applicant: R. P. Sotolongo, M.D. SCALE 1"=ioo' 1Z 2 27� HARRISON AVE. Cn 111 A 3u 4F 04 As It 1 I i I I � � � �f1 I ! I - .,/ n r n I 10 rI !r rJ r• I rJ r/ n i IF i i's Jo' _ l.Lj •�• do - � I i I I I I I (n, y HAZEL AVE. I I I i I I I I ..Q ,,/ ,r r ,s ro I rr IF rJ r. n r/ r r/ n Jo= ,2900 2700 NORTH ST. 7A 10 if � EXISTING .I ro s N MEDICAL I I 1� I r ✓ ,I fit J• 125 N ti !r ' ! IF X, t SU B J E C T� MCFADDIN AVE: ST CLIZABtTP WOSPITAL I , GC* - MD ;It l IF I a f If ;so j ri I rr !J � r• rs r/ rr r/ rs�Jo CALDER AVE. CHURCH RIF I• a If it /40. / I t r / I J • r r GILBEPT ST RNNE I r PRRK SCHOOL EXHIBIT "A" L.-,T 10 LI?T r , I I 4s- P.1 I . \\ I I W1`fi JI'll' LINE L T I — -- T _ --- — .� • LI.IT 2� r • - ' � �!'pr,� ,,� Try,.r BID ITEM NO. 1 = I ONF Ri w00D �IiAkiE uIIC,ING v 6Lrn. i 1$" MAGNO I.'. \ DR LIME I \ ---t-PROTECT THIS tF CONCRETE N.T. S. DRIVE ?�SWtiT PEDESTAL :wbI EDES L ELL(:TRI(. SITE PLAN 2670 MLFAIDDIN 57REET EXHIBIT SIB)$ IN 1 1 ' •j_•�-• ' :`' 1� - , -� I _. _ _ _ {• - _�"rr I' - Ste:- !.'._ - - -•• , :r;.t. ,I- IL.• , {1 fl GI '!r rl b� r-I Ir: I._ .� 1 11 .1 I � I• l !, r � 1 �• I 11.11 _- � V l 11.' I + '' � ' •'' II ,I 1 " - - - — INI ,JV/I IUId 'rNr11111)) 'Nil I -NI 1>)�rl 1 ! .!•1 a lrl• ,, a� [1 ,I� l 1 l - I / 4 t. t� L: !i W' Gl 'IV Ll . It J l I 1.1 11, :I JlilMl __ ( � l �.. .I i .,. . . ( it I) '` tY I ,,gtp•. •,art �1 P1 ,11C1,3 , _ITt.l'.1 1•1111 1 1 t I 1' 1 1 'IV r.` X , —,. –�r_ - I 'i1 i.l'11 1�It 1 G9 rP , 1 •.N1,',a 1 I 1 1 I •� � � In�•1( � \: \•r., - 444 r• — 1= of 1 •wv n .; I 1 --- -^ l o n • 7--7—�' •t � cqi u•• I. I 11 ' I 1. .. •J 1_ •, �__ __ s__.`"!'.'C��^� 111.111 It tl' ' _ ._ _ ._—--- .__. r _L1=(� l _a ..�l _I /1,4,111 ••, I ! 1 1 I I' +��, S _ ._ •------- - - — ----'-' —•-- ---— ---- `_—ail\ ) , 1•1 ,•r 1• r 11,,. •r 6 Consider a request for an HC-L (Historic Cultural Landmark Preservation) designation for the house located at 325 7th Street City of Beaumont •� Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 27, 2001 AGENDA MEMO DATE: March 20, 2001 REQUESTED ACTION: Council consider a request for an HC-L (Historic Cultural Landmark Preservation) designation for the house located at 325 7th Street. RECOMMENDATION The Administration recommends approval of the request for an HC-L (Historic Cultural Landmark Preservation) designation for the house located at 325 7th Street. BACKGROUND In February, 2001, the City of Beaumont Historic Landmark Commission asked the Planning Manager to initiate the process for historic designation on 325 N. 7th. The main house is the only structure on the property. The house was evaluated using the City of Beaumont's criteria for an historical-cultural designation and the results are as follows: a. Existing or proposed recognition as a National Historic Landmark, or Texas Historic Landmark, or entry, or proposed entry into the National Register of Historic Places; The structure does not have present recognition as a National Historic Landmark, Texas Historic Landmark, nor registration into the National Register of Historic Places. No such designations are proposed. b. Existence of distinguishing characteristics of an architectural type or specimen, or of the social, economic or political heritage of the City; The house represents an excellent example of Queen Ann architecture. It is one of the largest surviving Queen Ann homes in Beaumont, and is one of the oldest houses in the Historic district. It was built as a direct consequence of Spindletop. C. Identification as the work of a designer,architect or builder whose work has influenced the growth or development of the City; There does not appear to have been any prominent architect or builder on the project. d. Embodiment of elements of architectural design, detail, materials, or craftsmanship that represents a significant architectural innovation or an outstanding example of a particular historical, architectural or other cultural style or period; The house has many features that represent significant architectural innovation. It is an excellent example of the Queen Ann architectural style popularized in the 1880's and 1890's. A more specific description follows: This two-story house has a complex roof line with gables and hipped forms, and asphalt shingles with a flat metal cap. One pediment contains a one-over-one Palladian window and variegated shingles. A central hipped dormer has paired one-over-one sash windows, and a corner hipped dormer has a rounded front containing three one-over-one sash windows. The wraparound, hipped roof porch contains a corner gazebo with conical, wood shingle roof. The central shed roof has entablature and dentils. There is a vernacular balustrade and central wooden steps. Centrally found between four asymmetrically spaced one-over-one sash windows is the carved wood and glass door. The house is on a concrete pier foundation. e. Relationship to other buildings,structures, or places that are eligible for preservation as historic places; This structure is uniquely tied to the Spindletop oil boom that occurred at the turn of the century. It is in a local historic district. f. Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, County, State, or Nation; The structure exemplifies the wealth and status of prominent Beaumonters who strongly influenced the Spindletop Oil Boom. g. Location as the site of a significant historical event; The house is not known to be the site of any significant historical event. h. Listing in the S.P.A.R.E. Beaumont Survey; The house is listed in the S.P.A.R.E. Survey. i. Identification with a person or persons who significantly contributed to the culture or development of the City, County, State, or Nation; James F. Weed built the house in approximately 1903. Mr. Weed came to Beaumont as the chief engineer for a rail line operating out of Beaumont in 1898. Before coming to Beaumont, he became the first State Surveyor for the State of Texas. At the turn of the century, he was identified with the development of the Spindletop oil field. He went on to become consulting engineer for the navigational district until 1918, and was largely responsible for Beaumont becoming a deep water port. The first hard surface roads in Southeast Texas have also been assigned to his credit. j. A building, structure, or place that because of its location has become of historic or cultural value to a neighborhood or community; This house is one of the oldest and largest homes on a major access road that runs right through the middle of the Oaks Historic District, making it one of the most visible architecturally significant structures in the city. When properly restored it could even come to symbolize that district. An inspection of the house was not possible due to unavailability. The house is currently in need of renovation. The current owner has stated that it is his desire to renovate the house to its original condition as much as possible. The owner has been informed that if the historic designation is placed on the property, no further deterioration of the house would be allowed. BUDGETARY IMPACT None. PREVIOUS ACTION At a Public Hearing held March 12, 2001, the Historic Landmark Commission approved the HC-L designation for the house. At a joint Public Hearing with City Council held March 19, 2001, the Planning Commission voted 6-0 to approve an HC-L(Historic Cultural Landmark Preservation)designation for the house located at 325 7th Street. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny an HC-L(Historic Cultural Landmark Preservation)designation for the house located at 325 7th Street. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION DESIGNATION) FOR PROPERTY LOCATED AT 325 7T" STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-56 thereof, is hereby amended by establishing an HC- L (Historical-Cultural Landmark Preservation) designation for property located at 325 N. 7`h being Lots 27, 28 and the east 22.33 feet of Lot 26, Block 23, Averill Addition, City of Beaumont, Jefferson County, Texas, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. GARMWHISTORICAL DESJG Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 271' day of March, 2001. - Mayor- - 2 - GARWA nsraeicnL DMG fa Elf, ', 41-HC: Re;uest for an HC-L, Historical Cultural Landmark Preset, ::jtion NORTH ! Designation. • Location: 325 N. 7th Street Applicant: Historic Landmark Commision SCALE 1"=200' MINf f t r I 1 J • 7 ! +• t! � N_ H t ,r � r/ rl ( t0 � t, rJ 11 t. rl � N f✓ lI' N rJ � r1 /7 ,I ,f tb N N - t! N rJ 30 50 CALDER AVE. J7 x - - - I - - i 30 3911 JO , 44 ' I � i� �I • : • 1 r r � a ,t r, ro f • r r a • J r J + ,• a z rr o f r i _ f i , r• rJ � rs � , rr a rr rt r1 J• r! tr rr tr• R r. rJ u I rr j s rs ro r, rr I rJ r. i to V BROADWAY AVE. J9 so • 'J T I ,r o f I ! . f • J t ' r c,! ,! I ,r I r I J • J t Z I I CR co !t '1 �r rf ,I ,f ro tr rr rJ r• J1 J l• rJ rf r! rI ,f r0 O +• t! LIBERTY AVE. ••7 �. - `\ i i 1 I so 1 O ` - �, t , - � ,.� ,J = , ,r f r � r I • � 1Ir I � ; SUBJECT ' ` � J J• tJ ts:. ,! .• .7 ,r ,r (J It it n r• ' Js to t! t+.; a,. r1 it 1 rr a is to a tt u J• tJ t. 110 so 391 Jo � + LAUREL AVE. ?� s ?O x 60 3c i i 10 60 J00 60 SO.1 I - - - 130, %o SO - • i J l h : 23 / i 1 i • ! ' t l y 0 j f i J • ! ' J r ;• J • + I � � I I I N •� i I I I N Cr i I I I a- ! Z Q h . �OUTN ,o rr .r , f ra r, h 3cl 10 J00 SOUTH S .2400 ,23Gt7 511 EXHIBIT "A', .s 7 Consider an ordinance amending Chapter 28, Article III by adding Section 28-57, requiring backflow preventers at each potentially hazardous connection to the City of Beaumont's water system :V~,1175 City of Beaumont VW_ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: March 27, 2001 AGENDA MEMO DATE: March 16, 2001 REQUESTED ACTION: Council consider an ordinance amending Chapter 28, Article III by adding Section 28-57, requiring backflow preventers at each potentially hazardous connection to the City of Beaumont's water system. RECOMMENDATION Administration recommends Council consider an ordinance adding Section 28-57 to Chapter 28, Article III of the Code of Ordinances requiring backflow preventers at each potentially hazardous connection to the City of Beaumont's water system. BACKGROUND The Texas Natural Resource Conservation Commission(TNRCC)requires that each public water supply protect itself from potential contaminants due to backflows. These regulations require backflow preventers at each potentially hazardous connection commensurate with the degree of hazard and require annual testing of backflow preventers for certain "high hazard" connections. The City's Plumbing Code currently contains provisions for providing backflow prevention from certain types of hazards on new connections. However, the Plumbing Code is not adequate to enforce backflow prevention requirements on existing connections or to require annual testing of backflow preventers for high hazard locations. The proposed ordinance is expected to have a minimal impact on residential connections. The most common type of hazard encountered on residential water connections is lawn irrigation systems. Only lawn irrigation systems that were installed prior to adoption of the Plumbing Code requiring backflow preventers,and inject chemicals through the irrigation system or were installed without a plumbing permit will be impacted by this ordinance. The irrigation systems utilizing chemical injection will be required to have installed and tested annually, reduced pressure zone backflow preventers. BUDGETARY IMPACT None PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director and Water Utilities Manager RECOMMENDED MOTION Approve/Deny amending Chapter 28, Article III of the Code of Ordinances by adding Section 28- 57, requiring backflow preventers at each potentially hazardous connection to the City of Beaumont's water system. BackFlowPrevOrdsk.wpd 03-16-2001 CITY OF BEAUMONT ARTICLE III SECTION 28-57 CROSS CONNECTION CONTROL AND PREVENTION Section 28-57.1. Purpose The purpose of this ordinance is: A) To protect the public potable water supply of Beaumont, Texas from the possibility of contamination or pollution by isolating within the customer's internal distribution system(s)or the customer's private water system(s) such contaminants or pollutants that could backflow into the public water system. B) To promote the elimination or control of existing cross-connections, actual or potential, between the customer's in-plant potable water system(s) and nonpotable water systems, plumbing fixtures, and industrial piping systems. Section 28-57.2. Cross-Connections Prohibited A)No installation of potable water supply, piping, or part thereof, shall be made in such a manner that allows used, unclean, polluted, or contaminated water, mixtures, gasses, or other substances to enter any portion of such piping by reason of back siphonage, back pressure, or any other cause. B) No person shall install any water operated equipment or mechanism or use any water treating chemical or substances, if it is found that such equipment, mechanism, chemical, or substance may cause pollution or contamination of the public potable water supply. C)No person shall connect to the public potable water system any mechanism(s)or system(s) designed to return used water to the public potable water system through any measures. .D) No person shall connect to the public potable water system an auxiliary water system without the approval of the City. E) No water service connection shall be made to any establishment where a potential or actual contamination hazard exists unless the public water supply is protected in accordance with the Texas Natural Resource Conservation Commission's Rules and Regulations for Public Water Systems and this ordinance. Water service shall be discontinued by the City if a required backflow prevention assembly is not installed,maintained,and tested in accordance with TNRCC Rules and this Ordinance. 1 Section 28-57.3. Definitions The following definitions shall apply to this Ordinance: Air Ga - The unobstructed vertical distance through free atmosphere between the lowest opening from any pipe or faucet conveying water or waste to a tank, plumbing fixture. receptor. or other assembly and the flood level rim of the receptacle. These vertical, physical separations must be at least twice the diameter of the water supply outlet. never less than 1 inch (25 mm). Auxiliary Supply - any water supply on or available to the premises other than the City's approved public water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural sources, such as, but not limited to a well, spring, river, stream,used waters,or industrial fluids. These waters constitute an unacceptable water source over which the City does not have sanitary control. Backflow-The undesirable reversal of flow in a potable water distribution system as a result of a cross-connection. Backflow Prevention Device or Assembly - any mechanical or physical means to prevent backflow into the potable water system, including reduced pressure backflow assemblies, double- check valve assemblies, atmospheric vacuum breakers, pressure vacuum breaker assemblies, or air gap.All Backflow prevention assemblies shall have been manufactured in full conformance with the standards established by the American Water Works Association and have met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California established by "Specification of Backflow Prevention Assemblies" of the most current issue of the Manual of Cross-Connection Control. City or The City -the City of Beaumont, Texas or its authorized representative, which, for the purposes of implementation and enforcement of the back-flow prevention program,shall normally mean representatives of Water Utilities. Commission or TNRCC - Texas Natural Resource Conservation Commission, regulatory agency of the State. Cross-Connection -any actual or potential connection or structural arrangement between a potable water supply system and any plumbing fixture or any tank,receptacle equipment or device, through which it may be possible for any non-potable,used,unclean,polluted and/or contaminated water,or other contaminant,to enter into any part of such potable water system under any condition or set of conditions. Double Check Valve Assembly - a Backflow prevention assembly which consists of two internally loaded check valves, either spring Ioaded or internally weighted, installed as a unit 2 between two tightly closing resilient-seated shutoff valves and fittings with properly located resilient-seated test cocks. Person - any individual, partnership, associations, corporations, firms, clubs, trustees, receivers, and bodies politic and corporate. Plumbing Code - the City's plumbing code as adopted under Section 6-144 of the Code of Ordinances of the City of Beaumont. Potable Water Supply-any water supply intended or used for human consumption or other domestic use. Public Water System or Supply-any public or privately owned water system which supplies water for public domestic use. The system will include all services, reservoirs, facilities, and any equipment used in the process of producing, treating, storing, or conveying water for public consumption. For the purposes of this Ordinance,this shall normally mean the Public Water Supply maintained by the City of Beaumont. Premises - any piece of property to which water is provided, including all improvements, mobile structures, and structures located on it. Recognized Backflow Prevention Assembly Tester-An individual meeting the requirements of the most recent revisions to Title 30, Texas Administrative Code §290.44(h)(4) and holding a current endorsement from the Texas Natural Resource Conservation Commission or its designated agent, for the type of assembly being tested. Reduced Pressure Principle Assembly-A backflow prevention assembly consisting of two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and below the first check valve. These units are located between two tightly closing resilient-seated shutoff valves as an assembly and equipped with properly located resilient-seated test cocks. Water Utilities Manager-person in charge of the City of Beaumont Water Utilities Division or his/her designated representative. Section 28-57.4. Applicability The rules and regulations set forth herein are intended to limit backflow potential at residential, commercial and industrial facilities as well as all wholesale customers and all other connections to the City of Beaumont's public water system. Nothing contained herein shall be construed to prevent the City from requiring appropriate backflow prevention,including disconnection from service,for any water service that presents a backflow potential where plumbing code requirements are not sufficient to protect the City of Beaumont's public water system. 3 Section 28-57.5. Cost of Compliance The cost of complying with these regulations shall be the responsibility of the property owners and their lessees. These costs include but are not limited to purchasing, installation, testing, and repair of backflow prevention assemblies.These costs shall also include point-of-use and premise isolation assemblies. Section 28-57.6. Pressure Loss Any water pressure drop caused by the installation of a backflow prevention assembly shall not be the responsibility of the City. Section 28-57.7. Thermal Expansion It is the sole responsibility of any user who owns or controls property to eliminate the possibility of thermal expansion, if a closed system has been created by the installation of a backflow prevention assembly. Section 28-57.8. Rental Properties Any person who owns or controls rental property is responsible for the installation, testing, and repair of any necessary backflow prevention assemblies on that property. Section 28-57.9. Right of Entry A) Upon presentation of proper identification, authorized representatives from the City of Beaumont shall have the right to enter any building, structure, or premises during normal business hours, or at any time during the event of an emergency to perform any duty imposed by this Ordinance.These duties may include sampling and testing of water,or inspections and observations of all piping systems connected to the public water supply.Where a consumer has security measures in force which would require proper identification and clearance before entry into their premises,the consumer shall make necessary arrangements with the security guards so that upon presentation of suitable identification, City of Beaumont personnel will be permitted to enter without delay for the purpose of performing their specific responsibilities. Refusal to allow entry for these purposes may result in discontinuance of water service. B)On request,the consumer shall furnish to the City of Beaumont any pertinent information regarding the potable water supply system on such property where cross-connections and backflow are deemed possible. 4 Section 28-57.10. Abatement by City A) The City shall conduct a plumbing inspection or customer service inspection on any residential or commercial establishment served by the City's public water supply prior to providing continuous water service to all new construction, on any existing service when the Water Utilities Manager has reason to believe that cross-connections or other contaminant hazards exist.or after any material improvement, correction,or addition to the customer's private distribution facilities. The purpose of the inspection is to determine compliance with this Ordinance and applicable portions of the City's Plumbing Code relating to cross connection control and unsafe plumbing practices. Upon determination by the City that the residential or commercial establishment falls under the provisions of this Ordinance and requires a backflow prevention assembly, the Water Utilities Manager shall issue a notice to abate the condition or order the establishment to install the proper backflow prevention assembly(ies)commensurate with the degree of hazard . A copy of the notice which is issued or caused to be issued by the Water Utilities Manager shall be forwarded to the chief plumbing inspector of the City. B)An approved backflow prevention assembly shall be installed on each service line or point of delivery to a consumer's water system whenever the following conditions exist: 1) In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the TNRCC or the City, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard. 2) In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard. This shall include the handling of process waters and waters originating from the City's public water system which have been subject to deterioration in quality. 3) In the case of premises having (1) internal cross-connections that cannot be permanently corrected or protected against, or (2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross connections exist,the City's public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in each service line. C) Using the City's Plumbing Code, TNRCC regulations and guidelines, and American Water Works Association(AWWA)recommendations,the Water Utilities Manager shall designate 5 the type of backflow prevention assembly required for each type of establishment or hazard. In the case of conflict between these references, the more stringent standard shall apply. D) Any backflow prevention assemble required by this Ordinance shall be of a model and size approved by the Water Utilities Manager. Section 28-57.11. Fire Hydrant Protection An approved double check valve backflow prevention assembly or reduced pressure zone backflow prevention assembly shall be the minimum protection for fire hydrant water meters which are being used for a temporary water supply during any construction or other uses which would pose a potential hazard to the City's public water supply. A reduced pressure zone backflow prevention assembly must be installed if any contaminant other than the potable water can be introduced into the system. A)It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter to abide by the conditions of this Ordinance. All fire hydrant water meter rentals shall meet the current requirements as provided for by the Customer Service Section and Water Distribution Section. B)Only fire hydrant water meters with approved backflow prevention assemblies are allowed to be used on fire hydrants in the Beaumont public water supply system.All fire hydrant meters shall be obtained from the Beaumont Water Utilities Division. C) A deposit is required to ensure the return of all water meters and backflow prevention assemblies to the Water Distribution Section.Failure to return the assemblies will result in forfeiture -of the deposit and enforcement action may be taken against the responsible party, as allowed for in the penalty section of this Ordinance. D)Non approved fire hydrant meters which are found to be in use in the City's public water system will be confiscated and not returned. Enforcement action may be taken against the responsible party, as allowed for in the enforcement section of this Ordinance. E) It shall be a violation of this Ordinance for anyone other than employees of Beaumont Water Utilities or the Beaumont Fire Department to open, tamper with, or use water from any fire hydrant without the express written permission of Beaumont Water Utilities. Section 28-57.12. Installation Requirements Backflow prevention assemblies shall be installed in accordance with the following requirements, to ensure their proper operation and accessibility: 6 A) Backflow prevention assemblies shall be installed in accordance with the Cit}•'s Plumbing Code and the manufacturer's instructions. All backflow prevention assemblies installed in accordance with this ordinance shall be tested upon installation by a recognized backflow prevention assembly tester. The test report shall be sent to the Water Utilities Division within ten (10)days of the installation. The assembly installer shall obtain the required plumbing permits prior to installation as required by the City's Plumbing Code. B)No part of a reduced pressure principle backflow prevention assembly shall be located in water or installed in a pit or other location subject to flooding. If a double check valve assembly is installed in a vault, brass plugs shall be maintained in the test ports at all times and adequate drainage shall be provided. C) When a backflow prevention assembly is installed to serve an entire establishment, the assembly shall be installed at the service connection of the water supply, before any branch in the line, and on private property located just inside the boundary of the City's right of way. The Water Utilities Manager may specify additional areas for installation of assemblies if needed. D) Backflow prevention assemblies shall be protected from freezing and other severe weather conditions. F)All vertical installations shall be approved in writing by the Water Utilities Manager prior to installation. G) Backflow prevention assemblies shall be readily accessible with adequate room for maintenance and testing. Assemblies two (2) inches and smaller shall have at least six (6) inch clearance on all sides of the assembly. All assemblies larger than two (2) inches shall have a minimum clearance of twelve(12) inches on the back side,twenty-four(24)inches on the test cock side, twelve (12) inches below the assembly, and thirty-six (36) inches above the assembly. "Y" pattern double check valve assemblies shall be installed so that the checks are horizontal and the test cocks face upward. H) If an assembly is installed five (5) feet or higher above the ground or floor, it shall be equipped with a suitable platform for use by testing or maintenance personnel.This installation shall meet all applicable requirements set out by the U. S.Occupational Safety and Health Administration and the State of Texas occupational safety and health laws. I)Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line shall not be installed. 7 Section 28-57.13. Annual Inspections and Maintenance A) Regular inspections and testing of mechanical backflow prevention assemblies shall be conducted at least once per year by a recognized backflow prevention assembly tester on backflow prevention assemblies which are installed to provide protection against health hazards, as defined by TNRCC rules, AWWA standards,or as determined by the Water Utilities Manager. The Water Utilities Manager may also require more frequent testing in certain applications to protect against high health hazards. If upon inspection of the backflow prevention assembly, it is deemed to not be operating properly, it is the responsibility of the establishment to immediately make all necessary repairs. It is the responsibility of the tester to report all assemblies found not to be operating correctly to the Water Utilities Division. Test reports shall be submitted to the Water Utilities Division -%•ithin ten(10)working days of the test. Only tests conducted by recognized backflow prevention assembly testers and which are reported correctly on City report forms shall be in compliance with this Ordinance. B) The maintenance and repair of any backflow prevention assembly shall be the responsibility of the property owner of the premises, the lessee of the premises, or both. The backflow prevention assembly is to be installed and maintained in proper working order at all times, including repair as required. All maintenance and repair of assemblies or assemblies shall be in accordance with all applicable regulations of the TNRCC and with acceptable industry practice. In the event that the water to an establishment may not be turned off for testing of the backflow prevention assembly,the establishment shall be equipped with dual backflow prevention assemblies of the same type so that testing, repair, and maintenance may be performed. C) No backflow prevention assembly shall be removed from use, relocated, or other assembly substituted without the approval of the Water Utilities Manager. Whenever an existing backflow prevention assembly is moved from its present location or cannot be repaired,the assembly shall be replaced with a backflow prevention assembly in compliance with this Ordinance. The new assembly shall be installed and tested in compliance with this Ordinance. D) Test gauges used for backflow prevention assembly testing shall be calibrated at least annually in accordance with the American Water Works Association's Recommended Practice for Backflow Prevention and Cross Connection Control (Manual M 14) or the University of Southern California's Manual of Cross Connection Control. The Water Utilities Manager may require calibration reports or other documentation of compliance with this requirement. C) City personnel may perform inspections and request testing of backflow prevention assemblies while they are present to verify proper testing and to determine the proper operation of assemblies. The City shall not be liable for damage caused to any backflow prevention assembly as a result of the inspection or testing. 8 Section 28-57.14. Emergency Suspension of Water Utility Service A) The Water Utilities Manager may, without prior notice, suspend water service to any premises when such suspension is necessary to stop an actual or threatened backflow which: 1) presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or 2) presents or may present imminent and/or substantial danger to the City's public water supply. B) As soon as is practical after the suspension of service, the Water Utilities Manager shall notify the owner or person in charge of the premises of the suspension,in person or by certified mail, return receipt requested,and shall order such person to correct the cross-connection which allowed the backflow to occur. When time permits,the Water Utilities Manager should also notify the owner or person in charge prior to suspending water service. C) The Water Utilities Manager shall not reinstate suspended services until: 1) The person presents proof, satisfactory to the Water Utilities Manager, that the hazard has been eliminated and its cause determined and corrected; 2) The person pays the City for all costs the City incurred in responding to the backflow or threatened backflow; and 3) The person pays the City for all costs the City will incur in reinstating service. D)A person whose service has been suspended,may appeal such enforcement action to the Water Utilities Manager, in writing, within ten days of notice of the suspension. E) A person commits an offense if the person reinstates water service to the premises suspended pursuant to this Section, without the prior written approval of the Water Utilities Manager. Section 28-57.15. Non-emergency Termination of Water Utility Service A) The Water Utilities Manager may terminate the City provided water supply of any user who violates the following conditions: 1) Refusing the Water Utilities Manager reasonable access to the water user's premises for the purpose of inspection; 2)Hindering or denying the Water Utilities Manager access to backflow prevention assemblies; 3)Failing to install maintain,or test backflow prevention assemblies as required by the Water Utilities Manager and this Ordinance; or 4) Failing to install, maintain, and operate their piping and plumbing systems in accordance with the City's Plumbing Code. 9 B) The Water Utilities Manager will notify a water user in writing of the proposed termination of its water supply by certified mail, return receipt requested. The water user may- petition the Water Utilities Manager for a reconsideration of the decision. C) Exercise of this enforcement option by the Water Utilities Manager shall not be a bar to. nor a prerequisite for, taking any other action against the water user. D) The Water Utilities Manager shall not reinstate suspended services until: 1) The person presents proof. satisfactory to the Water Utilities Manager, that the condition has been eliminated and its cause determined and corrected; 2) The person pays the City for all costs the City incurred in responding to the backflow or threatened backflow; and 3) The person pays the City for all costs the City will incur in reinstating service. E) A person commits an offense if the person reinstates water service to the premises terminated pursuant to this Section, without the prior written approval of the Water Utilities Manager. Section 28-57.16. Penalties A)Criminal Penalty: A person who violates a provision of this chapter shall be guilty of a misdemeanor punishable by a fine not to exceed two thousand dollars($2,000), in accordance with §54.001. Texas Local Government Code. B) Civil Penalty: The City Attorney is authorized to commence an action for appropriate equitable or injunctive relief in a court of competent juri sdiction,in accordance with§54.012,Texas Local Government Code. Such relief may include: 1) A civil penalty not to exceed $1000 per violation per day. 2) Recovery for expenses incurred by the City in responding to a violation of this Ordinance; 3) Injunction to prevent a violation of this Ordinance; 4) All other damages, costs, and remedies to which the City may be entitled. 10 Appendices §290.47 $290.47(1) Appendix I. Assessment of Hazard and Selection of Assemblies. Appendix I: Assessment of Hazards and Selection of Assemblies The following table lists many common hazards. It is not an all-inclusive list of the hazards which may be found connected to public water systems. Premises Isolation - Description of Premises Assessment of Hazard Required Assembly Aircraft and missile plants Health RPBA or AG Animal feedlots Health RPBA or AG Automotive plants Health RPBA or AG Breweries Health RPBA or AG Canneries, packing houses and rendering plants Health RPBA or AG Commercial car wash facilities Health RPBA or AG Commercial laundries Health RPBA or AG Cold storage facilities Health RPBA or AG Connection to sewer pipe Health AG Dairies Health RPBA or AG Docks and dockside facilities Health RPBA or AG Dye works Health RPBA or AG Food and beverage processing plants Health RPBA or AG Hospitals, morgues, mortuaries, medical clinics, autopsy facilities, sanitariums, and medical labs Health RPBA or AG Metal manufacturing, cleaning, processing, and fabrication plants Health RPBA or AG Microchip fabrication facilities Health RPBA or AG Paper and paper products plants Health RPBA or AG Petroleum processing or storage facilities Health RPBA or AG Photo and film processing labs Health RPBA or AG Plants using radioactive material Health RPBA or AG Plating or chemical plants Health RPBA or AG Pleasure-boat marinas Health RPBA or AG Reclaimed water systems Health RPBA or AG Restricted, classified or other closed facilities Health RPBA or AG Rubber plants Health RPBA or AG Sewage lift stations Health RPBA or AG Sewage treatment plants Health RPBA or AG Slaughter houses _ Health RPBA or AG Steam plants Health RPBA or AG Tall buildings or elevation differences where the highest outlet is 80 ft. or more above the meter Nonhealth DCVA Internal Protection - Description of Cross Connection Assessment of Hazard Required Assembly Aspirators Nonhealtht AVB Aspirator(medical) Health AVB or PVB Autoclaves Health RPBA Autopsy and mortuary equipment Health AVB or PVB Bedpan washers Health AVB or PVB Connection to industrial fluid systems Health RPBA Connection to plating tanks Health RPBA Connection to salt-water cooling systems Health RPBA Page 88 of 89 Appendix 1: Assessment of Hazards and Selection of Assemblies, cont'd Internal Protection- Description of Cross Connection Assessment of Hazard Required Assemblv Connection to sewer pipe Health AG Cooling towers with chemical additives Health AG Cuspidors Health AVB or PVB Degreasing equipment Nonhealtht DCVA Domestic space-heating boiler Nonhealtht RPBA Dye vats or machines Health RPBA Fire-fighting system(toxic liquid foam concentrates) Health RPBA Flexible shower heads Nonhealtht AVB or PVB Heating equipment Commercial Nonhealtht RPBA Domestic Noahealtht DCVA Hose bibbs Nonhealtht AVB Irrigation systems With chemical additives Health RPBA Without chemical additives Nonhealtht DCVA, AVB, or PVB Kitchen equipment-Commercial Nonhealtht AVB Lab bench equipment Health or Nonhealtht AVB or PVB Ornamental fountains Health AVB or PVB Swimming pools Private Nonhealtht PVB or AG Public Nonhealtht RPBA or AG Sewage pump Health AG i Sewage ejectors Health AG Shampoo basins Nonhealtht AVB Specimen Tanks Health AVB or PVB i Steam generators Nonhealtht RPBA Steam tables Nonhealtht AVB Sterilizers Health RPBA Tank vats or other vessels containing toxic substances Health RPBA Trap pars Health AG Vending machines Nonhealtht RPBA or PVB Watering Troughs Health AG or PVB NOTE: AG = air gap;AVB =atmospheric vacuum breaker,DCVA =double check valve backflow prevention assembly; PVB —pressure vacuum breaker;RPBA —reduced-pressure principle backilow prevention assembly. aAVBs and PVBs may be used to isolate health hazards under certain conditions,that is,backsiphonage situations.Additional area of premises isolation may be required. tWhere a greater hazards exists(due to toxicity or other potential health impact)additional area protection with RPBAs is required. Page 89 of 89 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28,ARTICLE 111, TO ADD SECTION 28-57, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, REQUIRING BACKFLOW PREVENTERS AT EACH POTENTIALLY HAZARDOUS CONNECTION TO THE CITY OF BEAUMONT'S WATER SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28, Article III, Section 28-57, of the Code of Ordinances of the City of Beaumont be amended to add Section 28-57, requiring backflow preventers at each potentially hazardous connection to the City of Beaumont's water system and the same is hereby amended to read as follows: CITY OF BEAUMONT ARTICLE III SECTION 28-57 CROSS CONNECTION CONTROL AND PREVENTION Section 28-57.1. Purpose The purpose of this ordinance is: A) To protect the public potable water supply of Beaumont, Texas from the possibility of contamination or pollution by isolating within the customer's internal distribution system(s) or the customer's private water system(s) such contaminants or pollutants that could backflow into the public water system. B) To promote the elimination or control of existing cross-connections, actual or potential, between the customer's in-plant potable water system(s) and nonpotable water systems, plumbing fixtures, and industrial piping systems. 1 G:1CGNORDINANCWMENDch28lllsect28-57 wpd Section 28-57.2. Cross-Connections Prohibited A) No installation of potable water supply, piping, or part thereof, shall be made in such a manner that allows used, unclean, polluted, or contaminated water, mixtures, gasses, or other substances to enter any portion of such piping by reason of back siphonage, back pressure, or any other cause. B) No person shall install any water operated equipment or mechanism or use any water treating chemical or substances, if it is found that such equipment, mechanism, chemical, or substance may cause pollution or contamination of the public potable water supply. C) No person shall connect to the public potable water system any mechanism(s) or system(s) designed to return used water to the public potable water system through any measures. D) No person shall connect to the public potable water system an auxiliary water system without the approval of the City. E) No water service connection shall be made to any establishment where a potential or actual contamination hazard exists unless the public water supply is protected in accordance with the Texas Natural Resource Conservation Commission's Rules and Regulations for Public Water Systems and this ordinance. Water service shall be discontinued by the City if a required backflow prevention assembly is not installed, maintained, and tested in accordance with TNRCC Rules and this Ordinance. 2 G:SCG\ORDINANCIAMEND 1ch28111sect28-57.wpd Section 28-57.3. Definitions The following definitions shall apply to this Ordinance: Air Gap-The unobstructed vertical distance through free atmosphere between the lowest opening from any pipe or faucet conveying water or waste to a tank, plumbing fixture, receptor, or other assembly and the flood level rim of the receptacle. These vertical, physical separations must be at least twice the diameter of the water supply outlet, never less than 1 inch (25 mm). Auxiliary Supply - any water supply on or available to the premises other than the City's approved public water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural sources, such as, but not limited to a well, spring, river, stream, used waters, or industrial fluids. These waters constitute an unacceptable water source over which the City does not have sanitary control. Backflow -The undesirable reversal of flow in a potable water distribution system as a result of a cross-connection. Backflow Prevention Device or Assembly - any mechanical or physical means to prevent backflow into the potable water system, including reduced pressure backflow assemblies, double-check valve assemblies, atmospheric vacuum breakers, pressure vacuum breaker assemblies, or air gap. All backflow prevention assemblies shall have been manufactured in full conformance with the standards established by the American Water Works Association and have met completely the laboratory and field performance 3 G:ICGIORDINANC%AMEND%ch28111se t28-57.wpd specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California established by"Specification of Backflow Prevention Assemblies' of the most current issue of the Manual of Cross-Connection Control. City or The City - the City of Beaumont, Texas or its authorized representative, which, for the purposes of implementation and enforcement of the backflow prevention program, shall normally mean representatives of Water Utilities. Commission or TNRCC - Texas Natural Resource Conservation Commission, regulatory agency of the State. Cross-Connection - any actual or potential connection or structural arrangement between a potable water supply system and any plumbing fixture or any tank, receptacle equipment or device, through which it may be possible for any non-potable, used, unclean, polluted and/or contaminated water, or other contaminant, to enter into any part of such potable water system under any condition or set of conditions. Double Check Valve Assembly-a backflow prevention assembly which consists of two internally loaded check valves, either spring loaded or internally weighted, installed as a unit between two tightly closing resilient-seated shutoff valves and fittings with properly located resilient-seated test cocks. Person - any individual, partnership, associations, corporations, firms, clubs, trustees, receivers, and bodies politic and corporate. Plumbing Code -the City's plumbing code as adopted under Section 6-144 of the Code of Ordinances of the City of Beaumont. 4 G.\CGXORDINANCIAMEND1ch28 Illsect28-57.wpd Potable Water Supply-any water supply intended or used for human consumption or other domestic use. Public Water System or Supply- any public or privately owned water system which supplies water for public domestic use. The system will include all services, reservoirs, facilities, and any equipment used in the process of producing, treating, storing, or conveying water for public consumption. For the purposes of this Ordinance, this shall normally mean the Public Water Supply maintained by the City of Beaumont. Premises - any piece of property to which water is provided, including all improvements, mobile structures, and structures located on it. Recognized Backflow Prevention Assembly Tester - An individual meeting the requirements of the most recent revisions to Title 30, Texas Administrative Code §290.44(h)(4) and holding a current endorsement from the Texas Natural Resource Conservation Commission or its designated agent, for the type of assembly being tested. Reduced Pressure Principle Assembly-A backflow prevention assembly consisting of two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and below the first check valve. These units are located between two tightly closing resilient-seated shutoff valves as an assembly and equipped with properly located resilient-seated test cocks. Water Utilities Manager- person in charge of the City of Beaumont Water Utilities Division or his/her designated representative. 5 G:1CG\ORDINANC\AMEND\ch28111sec128-57.wpd Section 28-57.4. Applicability The rules and regulations set forth herein are intended to limit backflow potential at residential, commercial and industrial facilities as well as all wholesale customers and all other connections to the City of Beaumont's public water system. Nothing contained herein shall be construed to prevent the City from requiring appropriate backflow prevention, including disconnection from service, for any water service that presents a backflow potential where plumbing code requirements are not sufficient to protect the City of Beaumont's public water system. Section 28-57.5. Cost of Compliance The cost of complying with these regulations shall be the responsibility of the property owners and their lessees. These costs include but are not limited to purchasing, installation, testing, and repair of backflow prevention assemblies. These costs shall also include point-of-use and premise isolation assemblies. Section 28-57.6. Pressure Loss Any water pressure drop caused by the installation of a backflow prevention assembly shall not be the responsibility of the City. Section 28-57.7. Thermal Expansion It is the sole responsibility of any user who owns or controls property to eliminate the possibility of thermal expansion, if a closed system has been created by the installation of a backflow prevention assembly. 6 G:NCG\ORDINANCW AEND�ch28111sec128-57.wpd Section 28-57.8. Rental Properties Any person who owns or controls rental property is responsible for the installation, testing, and repair of any necessary backflow prevention assemblies on that property. Section 28-57.9. Right of Entry A) Upon presentation of proper identification, authorized representatives from the City of Beaumont shall have the right to enter any building, structure, or premises during normal business hours, or at any time during the event of an emergency to perform any duty imposed by this Ordinance. These duties may include sampling and testing of water, or inspections and observations of all piping systems connected to the public water supply. Where a consumer has security measures in force which would require proper identification and clearance before entry into their premises,the consumer shall make necessary arrangements with the security guards so that upon presentation of suitable identification, City of Beaumont personnel will be permitted to enter without delay for the purpose of performing their specific responsibilities. Refusal to allow entry for these purposes may result in discontinuance of water service. B) On request, the consumer shall furnish to the City of Beaumont any pertinent information regarding the potable water supply system on such property where cross-connections and backflow are deemed possible. 7 G:\CG\ORDINANCIAWND\ch28111-.aW8.57.wpd Section 28-57.10. Abatement by City A) The City shall conduct a plumbing inspection or customer service inspection on any residential or commercial establishment served by the City's public water supply prior to providing continuous water service to all new construction, on any existing service when the Water Utilities Manager has reason to believe that cross-connections or other contaminant hazards exist, or after any material improvement, correction, or addition to the customer's private distribution facilities. The purpose of the inspection is to determine compliance with this Ordinance and applicable portions of the City's Plumbing Code relating to cross connection control and unsafe plumbing practices. Upon determination by the City that the residential or commercial establishment falls under the provisions of this Ordinance and requires a backflow prevention assembly, the Water Utilities Manager shall issue a notice to abate the condition or order the establishment to install the proper backflow prevention assembly(ies) commensurate with the degree of hazard . A copy of the notice which is issued or caused to be issued by the Water Utilities Manager shall be forwarded to the chief plumbing inspector of the City. B) An approved backflow prevention assembly shall be installed on each service line or point of delivery to a consumer's water system whenever the following conditions exist: 8 G:%CG\ORDINANC\AMEND%ch28111sec128-57.wpd 1) In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the TNRCC or the City, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard. 2) In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard. This shall include the handling of process waters and waters originating from the City's public water system which have been subject to deterioration in quality. 3) In the case of premises having (1) internal cross-connections that cannot be permanently corrected or protected against, or(2)intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross connections exist, the City's public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in each service line. 9 G:\CG\ORDINANCVIMEND\ch28111sed28-57.wpd C) Using the City's Plumbing Code, TNRCC regulations and guidelines, and American Water Works Association (AWWA) recommendations, the Water Utilities Manager shall designate the type of backflow prevention assembly required for each type of establishment or hazard. In the case of conflict between these references, the more stringent standard shall apply. D) Any backflow prevention assembly required by this Ordinance shall be of a model and size approved by the Water Utilities Manager. Section 28-57.11. Fire Hydrant Protection An approved double check valve backflow prevention assembly or reduced pressure zone backflow prevention assembly shall be the minimum protection for fire hydrant water meters which are being used for a temporary water supply during any construction or other uses which would pose a potential hazard to the City's public water supply. A reduced pressure zone backflow prevention assembly must be installed if any contaminant other than the potable water can be introduced into the system. A) It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter to abide by the conditions of this Ordinance. All fire hydrantwater meter rentals shall meet the current requirements as provided for by the Customer Service Section and Water Distribution Section. B) Only fire hydrant water meters with approved backflow prevention assemblies are allowed to be used on fire hydrants in the Beaumont public water supply system. All fire hydrant meters shall be obtained from the Beaumont Water Utilities Division. 10 G:\CG\ORDINANC\AMENDbh28111saW8-57.wpd C) A deposit is required to ensure the return of all water meters and backflow prevention assemblies to the Water Distribution Section. Failure to return the assemblies will result in forfeiture of the deposit and enforcement action may be taken against the responsible party, as allowed for in the penalty section of this Ordinance. D) Non approved fire hydrant meters which are found to be in use in the City's public water system will be confiscated and not returned. Enforcement action may be taken against the responsible party, as allowed for in the enforcement section of this Ordinance. E) It shall be a violation of this Ordinance for anyone other than employees of Beaumont Water Utilities or the Beaumont Fire Department to open, tamper with, or use water from any fire hydrant without the express written permission of Beaumont Water Utilities. Section 28-57.12. Installation Requirements Backflow prevention assemblies shall be installed in accordance with the following requirements, to ensure their proper operation and accessibility: A) Backflow prevention assemblies shall be installed in accordance with the City's Plumbing Code and the manufacturer's instructions. All backflow prevention assemblies installed in accordance with this ordinance shall be tested upon installation by a recognized backflow prevention assembly tester. The test report shall be sent to the Water Utilities Division within ten (10) days of the 1 l GXG\ORDINANCIAMEND1ch28111sed 8-57.wpd installation. The assembly installer shall obtain the required plumbing permits prior to installation as required by the City's Plumbing Code. B) No part of a reduced pressure principle backflow prevention assembly shall be located in water or installed in a pit or other location subject to flooding. If a double check valve assembly is installed in a vault, brass plugs shall be maintained in the test ports at all times and adequate drainage shall be provided. C) When a backflow prevention assembly is installed to serve an entire establishment, the assembly shall be installed at the service connection of the water supply, before any branch in the line, and on private property located just inside the boundary of the City's right of way. The Water Utilities Manager may specify additional areas for installation of assemblies if needed. D) Backflow prevention assemblies shall be protected from freezing and other severe weather conditions. F) All vertical installations shall be approved in writing by the Water Utilities Manager prior to installation. G) Backflow prevention assemblies shall be readily accessible with adequate room for maintenance and testing. Assemblies two (2) inches and smaller shall have at least six (6) inch clearance on all sides of the assembly. All assemblies larger than two (2) inches shall have a minimum clearance of twelve (12) inches on the back side, twenty-four (24) inches on the test cock side, twelve (12) inches below the assembly, and thirty-six(36)inches above the assembly. 12 G:1CGIORDINANC IAMEND%ch28IHsect28-57.wpd "Y' pattern double check valve assemblies shall be installed so that the checks are horizontal and the test cocks face upward. H) If an assembly is installed five (5) feet or higher above the ground or floor, it shall be equipped with a suitable platform for use by testing or maintenance personnel. This installation shall meet all applicable requirements set out by the U. S. Occupational Safety and Health Administration and the State of Texas occupational safety and health laws. 1) Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line shall not be installed. Section 28-57.13. Annual Inspections and Maintenance A) Regular inspections and testing of mechanical backflow prevention assemblies shall be conducted at least once per year by a recognized backflow prevention assembly tester on backflow prevention assemblies which are installed to provide protection against health hazards, as defined by TNRCC rules,AWWA standards, or as determined by the Water Utilities Manager. The Water Utilities Manager may also require more frequent testing in certain applications to protect against high health hazards. If upon inspection of the backflow prevention assembly, it is deemed to not be operating properly, it is the responsibility of the establishment to immediately make all necessary repairs. It is the responsibility of the tester to report all assemblies found not to be operating correctly to the Water Utilities Division. Test reports shall be submitted to the Water Utilities Division within ten(10)working days of the test. 13 G:\CG\ORDINANC WAEND\ch28111sed25-57.wpd Only tests conducted by recognized backflow prevention assembly testers and which are reported correctly on City report forms shall be in compliance with this Ordinance. B) The maintenance and repair of any backflow prevention assembly shall be the responsibility of the property owner of the premises, the lessee of the premises, or both. The backflow prevention assembly is to be installed and maintained in proper working order at all times, including repair as required. All maintenance and repair of assemblies or assemblies shall be in accordance with all applicable regulations of the TNRCC and with acceptable industry practice. In the event that the water to an establishment may not be turned off for testing of the backflow prevention assembly, the establishment shall be equipped with dual backflow prevention assemblies of the same type so that testing, repair, and maintenance may be performed. C) No backflow prevention assembly shall be removed from use, relocated, or other assembly substituted without the approval of the Water Utilities Manager. Whenever an existing backflow prevention assembly is moved from its present location or cannot be repaired, the assembly shall be replaced with a backflow prevention assembly in compliance with this Ordinance. The new assembly shall be installed and tested in compliance with this Ordinance. D) Test gauges used for backflow prevention assembly testing shall be calibrated at least annually in accordance with the American Water Works Association's Recommended Practice for Backflo w Prevention and Cross Connection Control 14 G:%CG\ORDINANCVWEND\ch28111sect28-57.wpd (Manual M14) or the University of Southern California's Manual of Cross Connection Control. The Water Utilities Manager may require calibration reports or other documentation of compliance with this requirement. C) City personnel may perform inspections and request testing of backflow prevention assemblies while they are present to verify proper testing and to determine the proper operation of assemblies. The City shall not be liable for damage caused to any backflow prevention assembly as a result of the inspection or testing. Section 28-57.14. Emergency Suspension of Water Utility Service A) The Water Utilities Manager may, without prior notice, suspend water service to any premises when such suspension is necessary to stop an actual or threatened backflow which: 1) presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or 2) presents or may present imminent and/or substantial danger to the City's public water supply. B) As soon as is practical after the suspension of service, the Water Utilities Manager shall notify the owner or person in charge of the premises of the suspension, in person or by certified mail, return receipt requested, and shall order such person to correct the cross-connection which allowed the backflow to occur. When time permits, the Water Utilities Manager should also notify the owner or person in charge prior to suspending water service. 15 G:1CGIORDINANC%AMEND1ch28111swU8-57.wpd C) The Water Utilities Manager shall not reinstate suspended services until: 1) The person presents proof, satisfactory to the Water Utilities Manager, that the hazard has been eliminated and its cause determined and corrected; 2) The person pays the City for all costs the City incurred in responding to the backflow or threatened backflow; and 3) The person pays the City for all costs the City will incur in reinstating service. D) A person whose service has been suspended, may appeal such enforcement action to the Water Utilities Manager, in writing, within ten days of notice of the suspension. E) A person commits an offense if the person reinstates water service to the premises suspended pursuant to this Section,without the prior written approval of the Water Utilities Manager. Section 28-57.15. Non-emergency Termination of Water Utility Service A) The Water Utilities Manager may terminate the City provided water supply of any user who violates the following conditions: 1) Refusing the Water Utilities Manager reasonable access to the water user's premises for the purpose of inspection; 2) Hindering or denying the Water Utilities Manager access to backflow prevention assemblies; 3) Failing to install maintain, or test backflow prevention assemblies as required by the Water Utilities Manager and this Ordinance; or 16 G:\CG\ORDINANCWMEND\ch28ll6act28-57.wpd 4) Failing to install, maintain, and operate their piping and plumbing systems in accordance with the City's Plumbing Code. B) The Water Utilities Manager will notify a water user in writing of the proposed termination of its water supply by certified mail, return receipt requested. The water user may petition the Water Utilities Manager for a reconsideration of the decision. C) Exercise of this enforcement option by the Water Utilities Manager shall not be a bar to, nor a prerequisite for, taking any other action against the water user. D) The Water Utilities Manager shall not reinstate suspended services until: 1) The person presents proof, satisfactory to the Water Utilities Manager, that the condition has been eliminated and its cause determined and corrected; 2) The person pays the City for all costs the City incurred in responding to the backflow or threatened backflow; and 3) The person pays the City for all costs the City will incur in reinstating service. E) A person commits an offense if the person reinstates water service to the premises terminated pursuant to this Section, without the prior written approval of the Water Utilities Manager. 17 G:%CG%ORDINANC\AMENDbh28111secf28-57.wpd Section 28-57.16. Penalties A) Criminal Penalty: A person who violates a provision of this chapter shall be guilty of a misdemeanor punishable by a fine not to exceed two thousand dollars($2,000), in accordance with §54.001, Texas Local Government Code. B) Civil Penalty: The City Attorney is authorized to commence an action for appropriate equitable or injunctive relief in a court of competent jurisdiction, in accordance with §54.012, Texas Local Government Code. Such relief may include: 1) A civil penalty not to exceed $1000 per violation per day. 2) Recovery for expenses incurred by the City in responding to a violation of this Ordinance; 3) Injunction to prevent a violation of this Ordinance; 4) All other damages, costs, and remedies to which the City may be entitled. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. 18 G:%CGIORDINANCVIMEND%ch28111sect28-57.wpd Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of March, 2001. - Mayor - 19 G:�CGIORDINANCIAMENDkri28111sect28-57.wpd 8 Consider approving a contract for the construction of the Theodore R. Johns, Sr. Library l ! City of Beaumont ter• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: March 27, 2001 AGENDA MEMO DATE: March 21, 2001 REQUESTED ACTION: Council approval to award a bid for the construction of the Theodore R. Johns, Sr. Library. RECOMMENDATION Administration recommends the award of a bid to N & T Construction Company, Inc. of Orange, Texas to furnish all labor, equipment, supplies and materials necessary for the construction of the Theodore R. Johns, Sr. Library to be located at 4255 Fannett Road. BACKGROUND Eight (8) bids were received on Monday, March 12, 2001, for furnishing all labor, equipment, materials and supplies necessary for the construction of the Theodore R. Johns, Sr. Library. Bids, including the recommended alternates, ranged in price from $1,689,000 to $2,235,266. The new library,consisting of approximately 12,000 square feet,will be constructed on a five(5)acre site located at the intersection of Sarah and Fannett Roads. The new library will include separate adult and children's reading areas and a community room that will provide space for both activities by the general public such as civic and neighborhood meetings and space for children and adult education programs. The original bids received January 29, 2001 for the library's construction exceeded the proposed budget. The bids were rejected and minor changes in the scope of work were made and the project was rebid. Changes included reducing the width of the driveway, reducing the number of outdoor signs by one and replacing vinyl wall covering in the main reading room with painted texture walls. Construction of Theodore R. Johns, Sr. Library March 21, 2001 Page 2 Additionally,prices were requested for alternates that included furnishing either Carrier or Trane air conditioning units, furnishing an automated F VAC control system manufactured by Trane or Automated Logic Controls,and furnishing and installing fifty-two(52)Basham Crepe Myrtle trees. The resulting new bids are within the original budget estimates. Based on the new bids, the Trane air conditioning unit and automated HVAC control system are recommended. The Trane units are installed in 90% of the City's buildings and are recommended because of their reliability and efficiency. The low bid submitted by N & T Construction Company in the amount of$1,689,000 includes two alternates. The two recommended alternates are furnishing and installing one Trane automated HVAC control system at a cost of$29,000 and furnishing and installing fifty-two (52)Crepe Myrtle trees at a cost of$8,000. N&T Construction Company,Inc.plans to subcontract 21%of the construction project to Minority Business Enterprise (MBE) companies. Construction should begin within forty-five (45) days and be completed in approximately 300 days. BUDGETARY IMPACT Funds for this project will be provided through a HUD Section 108 loan that will be repaid with funds from the Community Development Block Grant. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Library Director. RECOMMENDED MOTION Approve/Deny the award ofa bid to N&T Construction Company,Inc.in the amount of$1,689,000 for furnishing all labor, materials, equipment and supplies necessary to construct the Theodore R. Johns, Sr. Library. M Architectural Alliance Incor orate ME P Li I J 1 1 S 1 'des' SITE PLAN ■ Community Room i ------ e. aS Fr, Adult Stack $ Readincj I Child' Stack t `r Reading i i! I I FLOOR PLAN SCHEMATIC DESIGN REVIEW AUGUST 3, 2000 9 Consider a resolution opposing the Texas Department of Transportation's (TxDOT's) Legislative Appropriations request submitted for FY 2002-2003 which contains a reduction of over $20 million from that appropriated for FY 2000-2001 City of Beaumont L � Council Agenda Item � TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: March 27, 2001 AGENDA MEMO DATE: March 20, 2001 REQUESTED ACTION: Council consider a resolution opposing the Texas Department of Transportation's (TxDOT's) Legislative Appropriations request submitted for FY 2002-2003 which contains a reduction of over$20 million from that appropriated for FY2000-2001. RECOMMENDATION Administration recommends opposition to the TxDOT's Legislative Appropriations request for FY 2002-2003, which contains a reduction of over $20 million from that appropriated for FY2000- 2001, reducing the funding for smaller cities such as Beaumont by 29%. BACKGROUND The Texas Legislature has supported City efforts to provide public transportation to local residents by way of a biennial state appropriation. State appropriations are provided only to small city and rural transit districts. These appropriations resulted in a funding level of$524,000 in FY2000- 2001 and allowed the Beaumont Municipal Transit System to provide many residents access to health care, employment and other daily life activities. BUDGETARY IMPACT An additional $170,000 transfer from the General Fund would be needed annually to maintain Beaumont Municipal Transit's current level of service. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager. RECOMMENDED MOTION Approve/Deny a resolution opposing the TxDOT's Legislative Appropriations request submitted for FY 2002-2003 which contains a reduction of over $20 million from that appropriated for FY2000-2001. 03/2012001 txdotcg A RESOLUTION OF THE STATE OF TEXAS, . IN SUPPORT OF INCREASED FUNDING FOR SMALL CITY AND RURAL PUBLIC TRANSIT SERVICES WHEREAS, rural and small urban public transportation serves local communities across the State, providing a needed service to thousands of persons who otherwise would not be able to access medical and educational services, employment, and other vital services; and WHEREAS, the level of service needed in rural and small city Texas continues to be inadequate for the needs of local communities, and new public transit systems continue to begin service that will benefit the entire State in the movement of people; and WHEREAS, the State is quickly seeing its population become more elderly with each passing year, and WHEREAS, the cost of traditional transportation is increasing above a citizen's ability to afford such; and WHEREAS, commuting between rural areas and small towns, and from these areas into the State's metropolitan areas needs to be addressed with public transportation alternatives; and WHEREAS, the current appropriations proposals pending before the Texas Legislature include an appropriations reduction of some 33 percent in rural and small city Texas and their public transit services; and WHEREAS, an increase for the 2002-03 State fiscal years is needed to continue the progress thus far achieved; and NOW, THEREFORE, BE IT RESOLVED: That strongly urges that the Texas Legislature eliniinate from consideration any pending reduction of public transit services from the current FY2000-01 funding level; and BE IT RESOLVED, that a funding increase be appropriated by the Texas Legislature for 10 Consider the appointment of a designated hearing officer to preside at the appeal of the suspension of the towing permit for Bra-K Wreckers City of Beaumont 0L Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED: ra Tom Scofield, Chief of Police MEETING DATE: March 20, 2001 AGENDA MEMO DATE: March 15, 2001 REQUESTED ACTION: To appoint designated hearing officer. RECOMMENDATION Administration recommends that the City Council select a hearing officer to preside at the appeal of the suspension of towing permit for Bra-K Wreckers. BACKGROUND On February 28,2001 Chief Tom Scofield suspended the towing permit for Bra-K Wreckers, 9293 College,Beaumont,TX pursuant to Ordinance Section 29-74. Two letters of suspension were filed based on two separate violations of the ordinance. The period of suspension of the first violation would be for March 9,2001 through and including April 7,2001. The second suspension would be for the period of April 8, 2001 through and including June 6,2001. A notice of appeal of the suspensions was filed on behalf of Mr. Gene Braquet as operator of Bra-K Wreckers. Pursuant to Ordinance Section 29-74 (E) an appeal of a decision by the Chief of Police regarding a towing company permit must be in writing and must be submitted to the City Manager's office prior to the effective date of the suspension. The written request for the appeal must support basis of the appeal and specifically identify any error or misapplication of information by the Chief of Police regarding the decision to suspend the license. The City Manager is required to submit the appeal to the City Council and the City Council might either hear the appeal or select a hearing officer to preside at any appeal hearing. The decision of the City Council or such a hearing officer shall be final. BUDGETARY IMPACT Nominal fees for professional services of hearing officer. PREVIOUS ACTION Adoption of Article IV tow truck,Beaumont City by Ordinance 98-64 § 1 adopted October 6, 1998. SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Chief of Police RECOMMENDED MOTION Accept/Deny recommendation of City Manager to appoint designated hearing officer. Beaumont Police Department •�� Tom Scofield, Chief 41ki .� i Office: 409-880-3801 • Fax: 109-880-3814 P.O. Box 382; t-1 Beaumont, Texas 704-3827 2 www.ih2000.net/bpd/ February 28, 2001 Mr. Gene Braquet Bra-K Wreckers 9293 College St. Beaumont, TX 77702 RE: Suspension of Towing Permit As a towing company in the city of Beaumont, you are required to comply with the provisions of Article IV,Tow Trucks,Towing Companies,and Tow Truck Operators of the ordinances of the City of Beaumont, specifically Sections 29-70 through 29-76. Section 29-73,Non-Consent Towing Fees, establishes the maximum fees which may be charged by a towing company which performs non-consent tows pursuant to Article IV. The ordinance sets the maximum fee for all size vehicles up to and including 1-ton trucks at $85.00. On February 13, 2000, one of your wreckers engaged in a non-consent tow of a vehicle owned by Lorraine Sheldon. (See attached wrecker slip). The fees listed on the tow slip reflect a charge of $250.00 for towing, S40.00 for wheel lift, and $150.00 for wenching. Additionally, a storage fee for two days in the amount of$30.00 was charged for a total, with tax, of$472.48. Following an investigation conducted by officers of the Beaumont Police Department it was determined that this tow originated within the corporate limits of the City of Beaumont and, accordingly, the ordinance fees for non-consent towing applied. It is clear that the amount which you charged is grossly in excess of the amount authorized by Section 29-73 of the city towing ordinance. Section 29-74, Denial, Suspension, or Revocation of Any Permit or License, states that the police department shall investigate all complaints arising from reported violations of this Article. Ms. Sheldon filed a complaint with the Beaumont Police Department. Based on that investigation, Sergeant Earney of the Department, forwarded to you a letter dated March 06, 2000, in which he set forth his findings that you had, in fact, charged fees clearly in excess of those allowed by the Ordinance. Pg. 2 Suspension Feb. 28, 01 Section 29-74 provides that upon completion of an investigation, the Chief of Police shall determine if a violation occurred. Based on the investigation, I have determined that a violation occurred and that it was a significant violation of Article IV. The Ordinance provides that the Chief of Police may suspend a permit or license for a second offense violation for sixty (60) days. This penalty is independent of and may be in addition to any other penalties. Accordingly, based on your clear significant violation of Article IV, I am hereby suspending your towing company permit for a period of sixty (60) days. This violation is the second offense investigated by this Department in which it was clearly established that your company was in violation of the Ordinance and, accordingly, the second offense "penalty" is proper. This suspension is independent of and may be in addition to any other penalties assessed for your violation of the tow company ordinances. The period of suspension for this violation will be from April 08, 2001 through and including June 06, 2001. Sincerely, Tom Scofield Chief of Police Im%%, f. BRA•K WRECKERS SOUR LAKE WRECKERS 9293 COLLEGE STREET 215 & 17911 HWY. 105E BEAUMONT.TEXAS 77707 80UR LAKE.TX 77659 (409) 866.9231 (409) 287-2725 nn � U 3 CALLED 1\rte DAII.. JIME. 1<E.1R•._,��__fit.-tt�F.: l�•~�/�l''� �tt�l)CL�_.:L__ '-�'�-LK)t7F{,S: _ � s 4-x��^ r_•r _\IA1[. EXPIRLS (7 ►LOR: r" j' ' ��!'r•If "lr'.1fyti.i:' ►S\1{`ISHt:F. i �i! .tt i%ip! vyr, TtF !`Ii:F' 'F: ftt!':• .._ `�� �'ft� _.,_. \I GTt � ��:�r�TP�R'11<t��T-I�it TR.a�wt'''r'iA!'t�'. An'. +'t f PRi rt• __-' 1,101 IR4_RK!kK tttl. TOW VA rt)i rN JUMP TIM _-- L Ni < ►. t-t!riU• yY•i:�X3 U�lt.F'It f�f it t'F;: _ :.! _ _ __ if\{(• ?.M Pal J.i)t:lCR ,; f�?R!\FiI t/ t.�•1'�jtJ;• i 9 to I v];a.Pt r I(tK -W..i i I itUTIM)T EANSPORT.\T10N COVE 65500IX ^•%^ - Y �' �' �= - OWNER INFORMATION C TARQF TIME r l•: �'��d �s lq 11139< TOWI`G; D(7B.. V. WHLrrIL1)k: S At)L�KFSS!"�" <" NOTTFIC MOIV Ff fc: S t:lT1 d �p`if:.r�-.YfG MRAGT: S y� '''• � Y• ffrs� t • STP BY: s ' PATE ^ TiU..StLP- Tot T.ikt:. c)THER. DRIVEN: * TAX mi-v i J1FLE,'ISEV B TOTAL PAID: $ y/�� _. Beaumont P Department �. Tom Scofield, Chief Office: 409-880-3801 • Fax: 409-880-3814 F P.O. Box 3827 1+ Beaumont, Texas 77704-3827 r� www.ih2000.net/bpd/ 1W February 28, 2001 Mr. Gene Braquet Bra-K Wreckers 9293 College St. Beaumont, TX 77702 RE: Suspension of Towing Permit As a towing company in the city of Beaumont, you are required to comply with the provisions of Article IV,Tow Trucks,Towing Companies, and Tow Truck Operators of the ordinances of the City of Beaumont, specifically Sections 29-70 through 29-76. Section 29-73,Non-Consent Towing Fees, establishes the maximum fees which may be charged by a towing company which performs non-consent tows pursuant to Article IV. The ordinance sets the maximum fee for all size vehicles up to and including 1-ton trucks at $85.00. On January 02, 2000, one of your wreckers engaged in a non-consent tow of a vehicle owned by Kenneth Joseph. (See attached wrecker slip). The fees listed on the tow slip reflect a charge of $85.00 towing, $50.00 WLIF/L DR, and a second towing charge of$75.00. Additionally, a storage fee for one day in the amount of$15.00 was charged for a total, with tax, of$226.24. Following an investigation conducted by officers of the Beaumont Police Department it was determined that this tow originated within the corporate limits of the City of Beaumont and, accordingly, the ordinance fees for non-consent towing applied. It is clear that the amount which you charged is grossly in excess of the amount authorized by Section 29-73 of the city towing ordinance. Section 29-74, Denial, Suspension, or Revocation of Any Permit or License, states that the police department shall investigate all complaints arising from reported violations of this Article. Mr. Joseph filed a complaint with the Beaumont Police Department. Based on that investigation, Sergeant Earney of the Department, determined that you had, in fact,charged fees clearly in excess of those allowed by the Ordinance. Pg. 2 Suspension Feb. 28. 01 Section 29-7/4 provides that upon completion of an investigation, the Chief of Police shall determine if a violation occurred. Based on the investigation, I have determined that a violation occurred and that it was a significant violation of Article IV. The Ordinance provides that the Chief of Police may suspend a permit or license for a first offense violation for thirty (30) days. This penalty is independent of and may be in addition to any other penalties. Accordingly, based on your clear significant violation of Article IV, I am hereby suspending your towing company permit for a period of thirty (30) days. . This suspension is independent of and may be in addition to any other penalties assessed for your violation of the tow company ordinances. The period of suspension for this violation will be from Mach 09,2001 through and including April 07, 2001. Sincerely, Tom Scofield Chief of Police /mw BRA-K WRECKERS �1 9293 COLLEGE STREET BEAUMONT, TX 77707 l g9 ,7� Phone: (409) 866-9231 0. Number: 7091 Date: January 2 , 1999 Time: 12 :40 zomer: 0 ISH CUSTOMER cle : 1986 CADILLAC 'FLEETWOOD RED Tag No: TKN43W State: TX No: 1G6CD6988G4294072 Owner: JOSEPH KENNETH DEWAYNE No: CAD R.O. NO. : FLEETWOOD Keys : .tion From: 5300 HELBIG .cation To: 9293 COLLEGE tructions : .orized By:•ZTP'n �,xx �75�65 A� -iver: 241-fAf I Truck: it Call Taker: 242 Date: 01/02/99 Time: 00 :36 Storage Time: 01:30 TOWING CHARGE: 85 . 00 WLIF/LDR CHARGE: 50.00 TOWING2 CHARGE: 75 .00 STORAGE CHARGE: 1 Day(s) at $15 .00 per day: 15 .00 SUB TOTAL: 225 . 00 SALES TAX: 1.24 TOTAL: 226 .24 Complaints may be directed to:TEXAS DEPARTMENT OF TRANSPORTATION MOTOR CARRIER DIV. 125 EAST 11TH ST. , AUSTIN, TX 78701-2483 1-800-299-1700 PAID: l '" �" AMOUNT $ a '� S ED TO: S ?ERRED TO: a TOW TAG R: oe _TD L:F4 ?T"l'7a- .iarron Gene TIME- C- P _ IDY 'S Thomas P. (Tom) Roebuck,Jr. w Don Bush Kenneth W.Levee ROEBUCKThomas P.Roebuck.Jr. Persomtal Injury Trial Law Brett S.Thomas PC r nal Law Christopher S.5 t enrial Real Esau Law Teas hurl,I treat Stec-1,=.n Attorneys at Law Criminal&Civil Trial Adwcau Vato,at a.rJ..Tr l Adwc cy March 7, 2001 jA Legal Assistant Cindy Lu Crumpler,CPLS1 Mr. Stephen J. Bonczek BY HAND DELIVERY City Manager AND BY REGULAR MAIL City of Beaumont, Texas p t 801 Main Street 2� P. 0. Box 3827 Beaumont, TX 77704 RE: Gene Braquet Suspension of Towing Permit Dates of Alleged Violations: 01102100 and 02113100 Dear Mr. Bonczek: 1 have been retained to represent Gene Braquet in the above-referenced matter. Please refer all future correspondence in this case to me at the address below. Please allow this letter to serve as Mr. Braquet's formal appeal of the above suspensions pursuant to Section 29-74e Code of Ordinances of the City of Beaumont. Relative to the January 2000 incident, the basis of the appeal is as follows: The vehicle involved in the accident was impaled on a guard rail on Helbig Road. The operator of the vehicle was conveniently nowhere to be found. Sharron Braquet arrived on the scene with a wrecker only. When notified, she was unaware that the vehicle involved in the accident would require a loader. Additionally, a loader is not equipped to extract the vehicle from the guard rail. Once removed from the guard rail, the vehicle was so damaged that it could not be transported via a normal wrecker, a so-called "loader"was required. Section 29-73(4) of the Code of Ordinances clearly provides that in "extraordinary situations,A additional equipment or vehicles may be required, necessitating additional fees. No additional charges were levied by Mr. Braquet for cleanup or extra working time. The owner of the vehicle was charged one day of storage. Clearly this situation was an `extraordinary situation" within the contemplation of the Ordinance. Relative to the February 2000 incident, the accident was investigated by the Department of Public Safety, not the Beaumont Police Department. The nonconsent call was broadcast by the DPS, not the Beaumont Police Department. Historically, the DPS does not investigate accidents within the city limits of Beaumont. The accident occurred on Keith Road, an area which appears Bush.Lewis&Roebuck.P.C. 1240 Orleans • Beaumont.Texas i7"C1 Mr. Stephen J. Bonczek March 7, 2001 Page 2 to be outside the city limits. Given the fact the DPS investigated the accident and that the area appears to be outside the Beaumont city limits, Mr. Braquet assumed, and still believes, the accident did not occur within the city limits of Beaumont. Therefore, the Ordinance does not apply. A hearing as provided by the Ordinance is hereby requested. Ve your , B H, LEWI & ROEB K, P.C. Tho . Roe uck, TPR/cic cc: Mr. Gene Braquet Ms. Sharron Braquet 9293 College Beaumont, TX 77707 braquet 1 8 I RAP 11 PUBLIC HEARING: 2001 Action Plan of the Consolidated Grant Program c aiC i of Beaumont Council Agenda Item � IL TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Johnny Beatty, G r an is Administrator MEETING DATE: March 27, 2001 AGENDA MEMO DATE: March 20, 2001 REQUESTED ACTION: Council conduct a public hearing/workshop to receive comments, and consider recommendations from the CDAC on the allocation of Public Services dollars to agencies requesting funding from the Public Services line item of the 2001 Action Plan of the Consolidated Grant Program, and also consider the Community Development Advisory Committee's request to revise the Adopted Preliminary Budget of the 2001 Action Plan, in order to increase the Public Services line item to $263,100. RECOMMENDATION The Administration recommends that Council conduct a public hearing/workshop to receive comments, and consider recommendations from the CDAC on the allocation of Public Services dollars ($100,000) to agencies requesting funding from the Public Services line item of the 2001 Action Plan of the Consolidated Grant Program BACKGROUND On February 6, 2001, the Beaumont City Council adopted the Preliminary Budget for the Annual Action Plan of the 2001 Consolidated Grant Program, which included $100,000 for the Public Services line item. The CDAC submitted a request to increase the Public Services line item to 10% ($263,100) of the CDBG allocation,plus program income($2,631,000). The CDAC was asked to review the funding proposals from area agencies that have developed programs which will enhance the lives of no, low and moderate income families. After two public meetings, the CDAC recommended funding for twelve(12) agencies totaling $263,100. BUDGETARY IMPACT The Administration recommends that 3.8% ($100,000) of the CDBG entitlement, plus program income ($2,631,000) be dedicated to the Public Services line item. The CDAC has recommended that 10% ($263,100) of the said entitlement, plus program income, be dedicated to the Public Services line item. A $75,000 reduction in the Clearance and Demolition line item would result in approximately 58 residential structures not being razed at $1,300 per unit ($75,400). During the period between March,2000 and February, 2001,the City demolished 202 residential structures. Of the said amount of demolitions, 80 units, at $1,300 per unit ($104,000), were contracted to independent companies, because the City did not have the appropriate equipment to complete the job. An $88,000 decrease in the Edwards Park project will delay the development of a park in an area where neighborhood revitalization and the construction of affordable housing has begun. PREVIOUS ACTION Council adopted the 2001 Preliminary Budget on February 6, 2001. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Executive Assistant to City Manager/Economic Development Director, Planning Manager, Housing Coordinator and Grants Administrator. RECOMMENDED MOTION Approve/Deny recommendations for the 2001 Consolidated Grant Program One-Year Action Plan budget, with emphasis on the Public Services applications. 2001 PUBLIC SERVICE GRANT APPLICATIONS Public Services/Emergency Shelter Line Item Recommendations Public Services Requests 1 Anayat House, Inc. 4,783.00 4,783.00 4.783.00 2 Beaumont Police Activities League 23,000.00 23,000.00 22.268.00 3 Briggs-Cannon Community Empowerment Center 10,000.00 10,000.00 10,000.00 4 Court Appointed Special Advocates. of S. E. Texas 3,680.00 3,680.00 3,680.00 5 Family Services of S. E. Texas 300,000.00 50,000.00 — 6 French Elementary School 93,000.00 7 Girl's Haven 52,595.00 - 4,595.00 8 Institute for Educational Advancement 98,520.00 71,363.00 — 9 Martin Elementary School 11,824.00 11,824.00 8,124.00 10 Georgia Morris 300,000.00 -- — 11 Nutrition and Services for Seniors 15,250.00 15,250.00 15,250.00 12 Our Lady of Assumption Church 12,900.00 — — 13 Salvation Army Boys& Girls Club 11,050.00 11,050.00 11,050.00 ,chlesinger 12,250.00 12,250.00 12,250.00 15 South East Texas Community Dev Corp 175,000.00 — — 16 Thag Johnson's Dance Studio of Performing Arts 41,900.00 41,900.00 — 17 Thag Johnson's Dance Studio of Performing Arts 61,500.00 — — 18 Tyrrell House Assisted Living Center 100,000.00 — — 19 Young Women's Christian Association 8,000.00 8,000.00 8,000.00 TOTAL PUBLIC SERVICES 1,335,252.00 263,100.00 100,000.00 Emergency Shelter Requests 20 Salvation Army 60,000.00 60,000.00 60,000.00 21 Some Other Place/Henry's Place 23,000.00 23,000.00 23,000.00 TOTAL EMERGENCY SHELTER 83,000.00 83,000.00 83,000.00 2001 HUD CONSOLIDATED GRANT PROGRAM Proposed Revisions to Budget adopted by Council on 2/6/01 2001 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Preliminary HOUSING ­Budget Minor Repair S 400,000 Funds will be used to repair approximately 26 homes at$15,000 per house. Replacement Housing 100,000 Funds will he used to construct replacement houses for low/moderate income families whose houses had a significant level of lead found during the rehabilitation process. Site Development 100,000 Funds will be used to develop approximately 13 lots at$7,500 per lot. Lead-based Paint Issues 55,000 Funds will be used for federal lead-based paint training,compliance and testing. Habitat For Humanity-Administration 60,000 Funds will be used to provide assistance in the construction of three(4)homes in the Community Development Strategy Area CLEARANCE AND DEMOLITION 300,000 Funds will be used to demolish approximately 50 unsafe and unsanitary commercial and residential structures. Funds will also be used for project delivery costs. PUBLIC FACILITY& IMPROVEMENT Section 108 555.000 Hotel Beaumont(Section 108 payment)-rehabilitation Jefferson Theater(Section 108 payment)-rehabilitation Theodore R.Johns,Jr. Libray(Section 108 payment)-new construction L L Melton YMCA (Section 108 payment)-rehabilitation Project delivery costs Parks 200,000 Funds will be used to develop Edwards Park PUBLIC SERVICE 100,000 ECONOMIC DEVELOPMENT BUILD, Inc. 35,000 Funds will be used to assist with the administration of the Main Street Downtown Development Program. ADMINISTRATION 526,000 Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution,and regulatory requirements of the HUD Consolidated Grant Program. TOTAL CDBG 2,431,000 PROGRAM INCOME Small Business Loan Fund 150,000 Historic Preservation Loan Fund 20,000 Clearance and Demolition 30,000 ESTIMATED PROGRAM INCOME 200,000 HOME _928,000 Funds will be used to assist a non-profit housing development organization with the development of approximately 30 new single family homes and approximately 20 existing homes. Funds will also be used to assist low/moderate income families with the closing costs,mortgage buy downs,and down payments needed to purchase homes. EMERGENCY SHELTER GRANT (ESG) 83.000 Funds will be used to provide shelter and essential services for the homeless population. TOTAL 2001 PRELIMINARY BUDGET S_ ,642 000__ NOTE: Proposed revisions to the budget are denoted in red. o3r=2001 2001 HUD CONSOLIDATED GRANT PROGRAM CDAC Proposed Revisions to the 2001 Preliminary Budget CDAC Proposed COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) 2001 Preliminary HOUSING _ _ Budget Minor Repair S 400,000 Funds will be used to repair approximately 26 homes at S15,000 per house. Replacement Housing 100,000 Funds will be used to construct replacement houses for low/moderate income families whose houses had a significant level of lead found during the rehabilitation process. Site Development 100,000 Funds will be used to develop approximately 13 lots at 57.500 per lot. Lead-based Paint Issues 50.000 Funds will be used for federal lead-based paint training,compliance and testing. Habitat For Humanity-Administration 60.000 Funds will be used to provide assistance in the construction of three(4)homes in the Community Development Strategy Area. CLEARANCE AND DEMOLITION 225,000 Funds will be used to demolish approximately 50 unsafe and unsanitary commercial and residential structures. Funds will also be used for project delivery costs. PUBLIC FACILITY& IMPROVEMENT Section 108 555,000 Hotel Beaumont(Section 108 payment)-rehabilitation Jefferson Theater(Section 108 payment)-rehabilitation Theodore R.Johns,Jr. Libray(Section 108 payment)-new construction L L Melton YMCA (Section 108 payment)-rehabilitation Project delivery costs Parks 111,900 Funds will be used to develop Edwards Park PUBLIC SERVICE 263,100 ECONOMIC DEVELOPMENT BUILD,Inc. 35,000 Funds will be used to assist with the administration of the Main Street Downtown Development Program. Other Economic Development Projects 69,000 Funds will be used for other Economic Development projects,possibly a Hispanic Learning Center. ADMINISTRATION 462,000 Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution,and regulatory requirements of the HUD Consolidated Grant Program. TOTAL CDBG 2,431,000 PROGRAM INCOME Small Business Loan Fund 150,000 Historic Preservation Loan Fund 20,000 Clearance and Demolition 30,000 ESTIMATED PROGRAM INCOME 200,000 HOME 928.000 Funds will be used to assist a non-profit housing development organization with the development of approximately 30 new single family homes and approximately 20 existing homes. Funds will also be used to assist low/moderate income families with the closing costs,mortgage buy downs,and down payments needed to purchase homes. EMERGENCY SHELTER GRANT(ESG) 83,000 Funds will be used to provide shelter and essential services for the homeless population. TOTAL 2001 PRELIMINARY BUDGET S 3,642,_000_ NOTE: CDAC proposed revisions to the budget are denoted in red 0srz1a001 IN~ .� wt City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 27, 2001 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to execute a contract with Utility Service Company, Inc. of Houston for repairing and repainting the exterior of the 300,000 gallon elevated water storage tank at the prison complex B) Approve a payment for repairs to a 1992 Caterpillar 826C compactor C) Approve a contract for the installation of a 16-inch sanitary sewer force main to serve the prison complex CONSENT AGENDA MARCH 27, 2001 * Committee Appointments A) Authorize the City Manager to execute a contract with Utility Service Company, Inc. of Houston for repairing and repainting the exterior of the 300,000-gallon elevated water storage tank at the prison complex Administration recommends authorizing the City Manager to execute a contract with Utility Service Company, Inc. in the amount of$73,650. The existing tank was built in 1990 and the exterior paint is in very poor condition. The life expectancy of the proposed improvement and exterior paint is 7- 10 years. Funds are available in the Water Utilities Operating Fund. A copy of the staff memorandum is attached for your review. B) Approve a payment for repairs to a 1992 Caterpillar 826C compactor Administration recommends payment in the amount of$41,386.70 to Mustang Tractor and Equipment. The Clean Community Department utilizes two compactors for compaction of trash and cover material at the landfill as needed. The unit referenced above sustained engine damage due to failure of the starter seal. The repair was of an emergency nature, due to the fact that both units are utilized daily at the landfill, and during the period of repair only one was in service with no backup. Funds are available for this purchase in Fleet Management Fund. A copy of the staff memorandum is attached for your review. C) Approve a contract for the installation of a 16-inch sanitary sewer force main to serve the prison complex Administration recommends award of a contract for the installation of a 16-inch sanitary sewer force main in the amount of$1,183,985.12 to Fuqua General Contractors, Inc. The prison complex is currently served by a 12-inch sanitary sewer force main that was constructed in 1990. There are occasional interruptions of service at the complex since the present demand for water has surpassed the maximum carrying capacity of the 12-inch main. Installation of the additional force main will provide continuous and adequate service to the complex now and help accommodate future water needs. Funds are available in the Water Utilities Operating Fund for the project. A copy of the staff memorandum is attached for your review. A City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: March 27, 2001 AGENDA MEMO DATE: March 19, 2001 REQUESTED ACTION: City Council consider a resolution authorizing the City Manager to execute a contract with Utility Service Company, Inc. of Houston for repairing and repainting the exterior of the 300,000-gallon elevated water storage tank at the prison complex. RECOMMENDATION Administration recommends authorizing the City Manger to execute a contract with Utility Service Company, Inc. of Houston in the amount of$73,650 for repairing and repainting the exterior of the 300,000-gallon elevated water storage tank at the prison complex. BACKGROUND The existing tank was built in 1990 and the exterior paint is in very poor condition. The Texas Natural Resource Conservation Commission (TNRCC) cited the condition of the tank during the last inspection. The life expectancy of the proposed improvement and exterior paint is 7-10 years. BUDGETARY IMPACT Funds are available in the Water Utilities Operating Fund for the project. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director and Water Utilities Manager RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute a contract with Utility Service Company, Inc. of Houston for repairing and repainting the exterior of the 300,000-gallon elevated water storage tank at the prison complex. TankPrisonsk.%-pd 03-19-2001 Schaumburg & Polk Inc. 8865 College suite too � Beaumont, Texas 77707 CONSULTING ENGINEERS Phone (409) 866-0341 FAX (409) 866-0337 March 16, 2001 Mr. Joseph G. Majdalani, P.E. Water Utilities Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 Re: City of Beaumont Jefferson County, Texas Rehabilitation of 300,000 Gallon Elevated Water Storage Tank Located at the State Prison Site Dear Mr. Majdalani: Based on review of the bids received on Monday, March 12, 2001 concerning the above reference project, we recommend that award be made to Utility Service Company, Inc., P.O. Box 41304, Houston,Texas 77241, in the amount of$73,650.00. Please call if you have any questions. Sincerely, Schaumburg& Polk, Inc. PLZ� Arnold Pierce, P.E. President cc: Mr. Trey Evans, Utility Service Co., Inc., Houston, Texas DF.F.18W\Pnson Elevated TaWMAJDALANITI.1r2 dot ]116101 BID TABULATION CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS REHABILITATION OF 300,000 GALLON ELEVATED WATER TANK LOCATED AT THE STATE PRISON GULFSTATES UTILITY SERVICE D&W CONTRACTORS, PROTECTIVE ANGELOS PAINTING, BID DATE: MONDAY,MARCH 12,200) AT 2:00 p.m. CO.,INC. INC. COATINGS,INC. DMS PAINTING INC. ENGINEER: SCHAUMBURG& POLK,INC. 1'0.BOX 41304 P O.BOX 1075 P O.BOX 1608 P O BOX 914 8830 AMANDA I N IIOl1STON,TEXAS 77241 ('11ANNL.LVIEW,TEXAS 77530 IA PORTS,*1 FXAS 77571 DITR PARK.1 EXAS 77.516 MANVH- I EXAS 77578 ITEM DESCRIPTION 7'Y. UNIT TOTAL.PRICE. TOTAL PRICE TOTAL.PRICE UNIT PRICE UNIT PRICE 1. Mobilization Costs, including payment bond, performance bond, insurance, and moving equipment to project, all in strict accordance with plans and specifications for, 1 I.S $11,000.00 _ $5,252.00 $4,070.00 $5,000.00 $6,400.00 2. Fumish and install all labor, materials, and -- equipment to repair, rehabilitate, clean, repaint, and disinfect the existing 300,000 gallon elevated water storage tank, all in accordance with the Contract Documents, Technical Specifications,and Drawings for, „. LS $62,650.00 $69,435.00 $77,230.00 $91,200.00 $81,000.00 _ k TOTAL BID AMOUNT $73 +, r , .:,•�..,.. ,. ,650.00 $74,687.00 $81,300.00 $86,200.00 $87,400.00 Horklind Company Infom Boiki YLS YLS YES YES YES Hid 1104x1 YES YES YES YI:S YES Vendor Compliance YLS Y hS YES Y I'S Y 1:S Qualification Swement YES YPS YES YLS YLS Acknowledge Addendum No.I YES YLS YLS YLS YES The Bid Proposals submitted have been r viewed,and to the t of my knowledge this is an accurate tabulation of the Bids received. OF DATE: r.. AR}OLD� PIERCE .. . t...� 57289, o f car� k `S/0X'kt�.-V "r Schaumburg Polk,Inc. RECORD OF MANDATORY PRE-BID CONFERENCE CITY OF BEAUL'VIONT JEFFERSON COUNTY, TEXAS REPAIRING & REPAINTING THE EXTERIOR OF THE 300,000 GALLON ELEVATED WATER TANK AT THE STATE PRISON SITE MANDATORY PRE-BID CONFERENCE: TUESDAY, MARCH 6, 2001 AT 11:00 A.M. ENGINEER: SCHAUMBURG & POLK, INC. COMPANY/AGENCY NAME REPRESENTED - PHONE #/FAX# � � �illl�' J l 'ZCG� -�/ 5lo O r ��l 2r.,I- y5r- 0.95� pr2e�4. lgl GC/2 oos- �- r )r -EGG' AI 7lx 2ql G 2-oorG cv,3 K- SA-Ixkc S Z%Ac 1 "a.111l r7 v�J2�• rr` - b*r L-ra M a..k t s o u S/ SO 7 6 96 G c L�vi9'''s !I/f �Servje{ .25/ 601C Cif/ 0 U'uiCMCn'E gLilf - Cr 36' - 3s-,2z rr Miflfv- t,;a4-ev- off- X3;2 - 36Z/ a T y CF V EA t f C J Jc 1LG a4c, toy -J PREBIOSHEET Schaumburg Polk,Inc. CONSLITING ENGINEERS B .l City of Beaumont Council Agenda Item E TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: March 27, 2001 AGENDA MEMO DATE: March 16, 2001 REQUESTED ACTION: Council consider payment for repairs to 1992 Caterpillar 826C compactor. RECOMMENDATION Administration recommends payment for repairs to a 1992 Caterpillar 826C compactor in the amount of$41,386.70 to Mustang Tractor and Equipment. BACKGROUND The Clean Community Department utilizes two (2)compactors for compaction of trash and cover material at the landfill as needed. The unit referenced above sustained engine damage due to failure of the starter seal, which resulted in a leakage of oil from the starter housing. The unit subsequently ran without lubrication, causing extensive damage which necessitated replacement of the engine and radiator, and repairs to the coolant lines, steering cylinder, alternator and dust ejector. The warranty is no longer in effect due to the age of the unit. State of Texas statutes provide for an exemption to competitive bidding if the procurement is necessary because of unforeseen damage to public machinery, equipment, or other property. The repair was of an emergency nature, due to the fact that both units are utilized daily at the landfill, and during the period of repair only one (1) was in service with no backup. The repairs were completed on February 22, 2001. The unit was purchased in February, 1992, for $219,914. Repair of Caterpillar Compactor March 16. 2001 Page 2 BUDGETARYIMPACT Funds are available for this expenditure in the Fleet Management Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny a resolution authorizing payment to Mustang Tractor and Equipment in the amount of$41,386.70 for repairs to a 1992 Caterpillar 826C compactor. c 7LJ.-IJ City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: March 27, 2001 AGENDA MEMO DATE: March 21, 2001 REQUESTED ACTION: City Council approval to award a bid for the installation of a 16- inch sanitary sewer force main to serve the prison complex. RECOMMENDATION Administration recommends award of a bid for the installation of a 16-inch sanitary sewer force main in the amount of$1,183,985.12 to Fuqua General Contractors, Inc. BACKGROUND The prison complex is currently served by a 12-inch sanitary sewer force main that was constructed in 1990. There are occasional interruptions of service at the complex since the present demand for water has surpassed the maximum carrying capacity of the 12-inch main. Installation of the additional force main will provide continuous and adequate service to the complex now and help accommodate future water needs. BUDGETARY IMPACT Funds are available in the Water Utilities Operating Fund for the project. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director and Water Utilities Manager Installation of Sanitary Sewer Force Main March 21,2001 Page 2 RECOMMENDED MOTION Approve/Deny accepting a bid from Fuqua General Contractors, Inc. in the amount of $1,183,985.12 for the installation of a 16-inch sanitary sewer force main. ForceMainsk.wpd 03-21-2001