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Home My WebLink AboutPACKET MAY 06 2003 K Cit_y of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 6, 2003 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call ELECTION OF WARD COUNCILMEMBERS An ordinance canvassing the results of the May 3, 2003 City General Election Administration of the oath of office * Recess RECONVENE MEETING Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 7-11/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to RCR(Residential Conservation and Revitalization) District and a specific use permit to allow the expansion of an existing grocery store at 4700-10 Steelton 2. Consider approving a request for a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) District and a specific use permit for an acupuncture clinic at 4215 Folsom 3. Consider approving a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) to RCR(Residential Conservation and Revitalization) District for property in the 1000 block (even) of Alabama, 1000 block of Georgia, 1000 block of Iowa, 1100 block(even) of Iowa, 1000-1100 blocks of Oregon, 1000-1100 blocks of Vermont, 1000 block(odd) of Florida and 4900-5100 blocks of Cochran 4. Consider approving a request for a zone change from LI (Light Industrial) to RS (Residential Single Family Dwelling) District for property at 1700 Chambless 5. Consider approving a request to rezone the Old Charlton Pollard School site from RM-H (Residential Multiple Family Dwelling-Highest Density)to LI (Light Industrial) District 6. Consider approving a request for amendments to Section 30-38 (a) and (b), Section 2-31 (a) and(b) and Section 2-33, Code of Ordinances 7. Consider authorizing the City Manager to execute the renewal of a lease agreement with Lee Parking, L.L.C. for contract parking services 8. Consider approving a resolution authorizing the award of a contract for construction of the Downtown Improvements Orleans Street (Crockett to Wall Street) Interlocking Concrete Brick Pavers Project 9. Consider approving the purchase of a primary windstorm insurance policy 10. Consider approving a one (1)year contract for the purchase of fire hydrants and meter box lids for use in the Water Utilities Division 11. Consider a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-VIII COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Raymond Morris Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. Cit y of Beaumont � = Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Susan Henderson, City Clerk MEETING DATE: May 6, 2003 AGENDA MEMO DATE: April 30, 2003 REQUESTED ACTION: Council approve an ordinance canvassing the May 3, 2003 General Election RECOMMENDATION Council canvass the results of the May 3, 2003 election for four (4) Ward Councilmembers. BACKGROUND Article IV, Section 2, of the City Charter requires that within five days after an election,the Council shall meet and canvass the returns and officially declare the results. Results will be available for review on Monday, May 5, 2003. This ordinance will canvass the results of the May 3, 2003 election to elect four (4) Councilmembers. Elected officials will be sworn in and take office in their respective positions as long as a Runoff Election is not declared. BUDGETARYIMPACT None. PREVIOUS ACTION The election was ordered by Ordinance No. 03-007 on March 4, 2003. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Clerk RECOMMENDED ACTION Approve/Deny an ordinance canvassing the May 3, 2003 General Election. ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS OF THE GENERAL ELECTION HELD IN THE CITY OF BEAUMONT ON THE 3RD DAY OF MAY 2003, FOR THE PURPOSE OF ELECTING FOUR WARD COUNCILMEMBERS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council of the City of Beaumont, in session, duly called the general election to be held on the 3rd of May 2003, and the election returns of the ballots cast in said election were canvassed for the following officials: Officials for the offices of Ward Councilmembers. WHEREAS, after duly canvassing said returns,the City Council finds that the votes cast at said election for the candidates for said offices are as follows: Ward I: Votes Percentage Lulu Lafait Smith ### #.##% Kenneth Weatherford, Jr. ### Ward II:: Jessie John Willard Doiron, Jr. ### #.##% Charles Keith Kebodeaux ### #.##% Nancy Aileen Beaulieu ### #.##% Leroy Lewis, III ### #.##% Samuel Wilson Pullig ### #.##% Ward III: Karen Jones Thomas ### #.##% Jules Williams, Jr. ### #.##% Audwin Millard Samuel ### #.##% Ward IV Bobbie Patterson NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the results of said regular City election are and the same are hereby declared to have been as herein set out, and the following named persons were elected to the respective positions subject to the taking of their oaths of office as provided by the laws of the state of Texas: For Ward I Councilmember: NAME For Ward II Councilmember: NAME For Ward III Councilmember:: NAME For Ward IV Councilmember: NAME Section 2. The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law, and that said election was duly held and returns thereof were duly made by the proper officials of said election and in all things according to law. Section 3. That if any section,subsection, sentence,clause,or phrase of this ordinance orthe application of same to a particular person, or to a particular set of circumstances, should for any reason be held invalid, such invalidity shall in no way affect the remaining portions of this ordinance and to such end, the various portions and provision of this ordinance are declared to be severable. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Beaumont, this the 6th day of May 2003. MAYOR EVELYN M. LORD 1 May 6,2003 Consider approving a request for a zone change from RM-H(Residential Multiple Family Dwelling- Highest Density) to RCR(Residential Conservation and Revitalization) District and a specific use permit to allow the expansion of an existing grocery store at 4700-10 Steelton Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: May 6, 2003 AGENDA MEMO DATE: April 23, 2003 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)to RCR(Residential Conservation and Revitalization.) District and a specific use permit to allow the expansion of an existing grocery store at 4700-10 Steelton. _ RECOMMENDATION The Administration recommends approval of the request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)to RCR(Residential Conservation and Revitalization) District and a specific use permit to allow the expansion of an existing grocery store at 4700-10 Steelton with a modification to the landscaping/screening requirements along the north and east property lines. BACKGROUND John LaRocca, the property owner, is requesting a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to RCR (Residential Conservation and Revitalization) District and a specific use permit to allow the expansion of an existing grocery store on the property located at 4700-10 Steelton. Mr. LaRocca owns and operates a small grocery and market at this location. The store has been in existence since World War 11. He also resides in a house adjacent to the grocery. In 1997,a specific use permit was granted to allow a plant nursery on a portion of the property. The nursery is no longer operating. Mr. LaRocca would now like to expand and update the convenience store. This would include enlarging the parking area in front of the store and house. This convenience store is considered a legal non-conforming use. The Zoning Ordinance,however, does not allow for the expansion of a legal non-conforming use unless the expansion is used by a use that is permitted in that zoning category. In order to expand the store, the only option for Mr. LaRocca is to ask for a zone change to a district that would allow a grocery store either by right or with a specific use permit. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing with City Council held April 21, 2003, the Planning Commission voted 8:0 to approve the request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density)to RCR(Residential Conservation and Revitalization) District and a specific use permit to allow the expansion of an existing grocery store at 4700-10 Steelton with a modification to the landscaping/screening requirements along the north and east property lines. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density)to RCR(Residential Conservation and Revitalization)District and a specific use permit to allow the expansion of an existing grocery store at 4700-10 Steelton with a modification to the landscaping/screening requirements along the north and east property lines. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULARTHE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT4700-10 STEELTON, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING 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 RM-H (Residential Multiple Family Dwelling-Highest Density) District to RCR(Residential Conservation and Revitalization) District for property located at 4700-10 Steelton, being Lots 8 & 9, Block 23, Pinecrest Addition, City of Beaumont, Jefferson County, Texas, containing 0.29 acres, more or less, as described 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 herein above 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 this the 6th day of May, 2003. - Mayor Evelyn M. Lord - _ 2!` FILE 1bS8-7./P: Request for zone change from RM-H (Re3identiaI Multiple Family NORTH Dwelling - Highest Density) to RCR (Residential Conservation Revitalization) District and a specific use permit to allow the expansion of an existing grocery store. A& Location: 4700-10 Steelton SOLE Applicant: John LaRocca 1"=200' • • • is • �• 2 T) j I • �+ ! .PS• .4117 /00 57!� va `� • �i t n ; h = I s ; • i • ` 2 a s • 3 64 I ` . D io V a 4 •rj' 12 • - M. • 2 b • R a • • MON n + 2'C rb t to 4 r7 W � f � • 2 3 f >.� • S • a r . � i• 23 a q a i s .Y I b • N a u a� a • • r -"� •� � Rio TILER 14 � � • et �' V• Z �7 ST Ji s• w� t i m a � a • z • �i 3 : � } a s • r • 3 o • aa. • I a o a J 44 o � a • _ W t S " ° •"". a 11 uZ a • `` � • 2. s TAT a w 1 • R I /.!o s+• zO a I m • • .moo ! 13 • S • i A n • 1• w it 14 S it i r EXHIBIT "A" T710 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF AN EXISTING GROCERY STORE IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 4700-10 STEELTON 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 John LaRocca to allow the expansion of an existing grocery store in an RCR (Residential Conservation and Revitalization) District located at 4700-10 Steelton, being Lots 8 & 9, Block 23, Pinecrest Addition, City of Beaumont, Jefferson County, Texas, containing 0.29 acres, more or less, 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 a specific use permit to allow the expansion of an existing grocery store in an RCR (Residential Conservation and Revitalization) District located at 4700-10 Steelton, being Lots 8&9, Block 23, Pinecrest Addition, City of Beaumont, Jefferson County, Texas, containing 0.29 acres, more or less, is hereby granted to John LaRocca, his legal representatives, successors and assigns. 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 herein above 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 6th day of May, 2003. - Mayor Evelyn M. Lord - r---- „ , —' ( - FILE 1658-Z/P: Request for zone change from RM-H(Residential Multiple Family NORTH Dwelling - Highest Density) to RCR (Residential Conservation Revitalization) District and a specific use permit to allow the expansion of an existing grocery store. A ..I Location: 4700-10 Steelton SCALE Applicant: John LaRocca 1"=200' 30 31. ' az� I :W if i/t!S .,or!• iW.�S lee lie !S APO `2k{:::;`i:•.�: • r r ,e ioa ff as iefe N I f0 /TO. • ' '• F31'04 , s - • , 1t9 • J V ` � t! • is + i • M. ' • ?b M Q � r • • . _, • I ,� • MON E it • . •�. A" ' y uei 11 1 s. 1e T 210 ro 1 I! j gill, Aire fi -• se 23 M ; K-Ke 13 TYLER 14 .mss u. ST JO JI JI /RO LfD ZO � 3 3 � ' •LL)' J a �. • t3 0 ' 44 ! I _ W 1 D D • I tf • N e1 •�^,� • q II 0 2 ` ) • f ` a • I 21 • TAY K s It I 1 t0 1 NO +moo t t7 C A 13 1f 13 I '� � ! • ba # y • E L I I l f 1 1 �:7 - - , e3 i I o EXHIBIT "A" 1 24 I, - ��' -,- 1 , � SI cl<� _ I\� f t 15,0 Vr m S4.FT. 24 v W de Ce Y � r I 1 3 k i � `frN y t � CO Z50 s L� HIV *Approval with a modification to the landscaping/screening requirements along the north and east property lines. EXHIBIT "B" 2 May 6,2003 Consider approving a request for a zone change from RS (Residential Single Family Dwelling) to RM-H(Residential Multiple Family Dwelling-Highest Density)District and a specific use permit for an acupuncture clinic at 4215 Folsom City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: May 6, 2003 AGENDA MEMO DATE: April 23, 2003 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)to RM-H(Residential Multiple Family Dwelling-Highest Density)District and a specific use permit for an acupuncture clinic at 4215 Folsom. RECOMMENDATION The Administration recommends denial of the request for a zone change from RS (Residential Single Family Dwelling)to RM-H(Residential Multiple Family Dwelling-Highest Density)District and a specific use permit for an acupuncture clinic at 4215 Folsom. BACKGROUND Helen Zhou,the property owner,is requesting this rezoning and specific use permit for her property at 4215 Folsom so that she can operate an acupuncture clinic. Ms. Zhou states that she would continue to live in the house. The acupuncture clinic would occupy about 50% of the structure. The clinic would operate Monday - Friday, 9 a.m. to 4 p.m. She estimates that a maximum of 8-10 customers a day would visit the clinic. The Development Strategies element of the Comprehensive Plan designates this area as "Stable". These areas are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and derelict buildings and a deteriorated or poor public infrastructure. This property sits at a very busy corner. To the east of the subject property are commercial uses. Three residential lots to the north are zoned RM-H. Two of those lots (3755 and 3825 W. Lucas) front W.Lucas and side and/or front GC-MD zoning. The third lot(4210 Folsom)fronts on Folsom and is across from GC-MD zoning along W. Lucas. In 1998,a request was denied to rezone that lot to GC-MD. These three lots could be developed with limited commercial uses with a specific use permit. The RM-H zoning remnants along W. Lucas are left over from the original R-2 zoning put in place in 1955. Since then,various properties along W.Lucas have been rezoned to RS,NSC and GC-MD. On the west side of W. Lucas, RS zoning extends from the south side of Folsom to just north of Gladys. While staff recognizes that the subject property is at a busy intersection and across the street from commercial uses, staff is concerned over the encroachment of commercial uses into a stable single family residential area. And while the argument could be made that due to its location,the property is no longer suitable for residential, the applicant is now living and does intend to continue to live on the property. This request would not be in conformance with the Comprehensive Plan. Since the Joint Public Hearing,Mrs.Zhou has told the Planning Manager that she could do without a sign. In addition, the business could operate with one less parking space than the seven shown. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing with City Council held April 21, 2003, the Planning Commission voted 8:0 to deny a request for a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) District and a specific use permit for an acupuncture clinic at 4215 Folsom. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from RS(Residential Single Family Dwelling)to RM-H (Residential Multiple Family Dwelling-Highest Density) District and a specific use permit for an acupuncture clinic at 4215 Folsom. Note: "THE 20% RULE" Section 30-40. D. of the Zoning Ordinance states the following: Protest: The City Council shall not amend, supplement, change, modify or repeal any regulation,restriction or boundary or approve a Specific Use Permit where a protest against such change, signed by the owners of twenty(20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three- fourths (3/4) of all the members of City Council. This means that in order to approve a zone change or specific use permit when the 20%rule has been invoked at least six Council members must vote in favor of the Ordinance. On File 1663-Z/P,a protest of 31.9%was received,therefore invoking the Rule on this case. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULARTHE 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) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 4215 FOLSOM, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING 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 RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 4215 Folsom, being Lots 1 and 2, Block 36, Calder Highlands Extension, City of Beaumont, Jefferson County, Texas, containing 0.41 acres, more or less, as described 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 herein above 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 this the 6th day of May, 2003. - Mayor Evelyn M. Lord - Au FILE 1663-Z/P: Request for a zone change from RS (Residential Single Family NORTH Dwelling) to RNI-H (Residential Multiple Family Dwelling - Highest Density) District and a specific use permit for an acupuncture clinic. Location: 4215 Folsom SCALE Applicant: Helen Zhou 1"=200' J� ju r AIM hr At • ems/! � r ' �• ;'• 7_ • . tC _ ...r-;.. :_. yam" �„� t. FOLSOM DR. _ 1 Ar N 49 our ARTHUR ST. . cLasro .x•27-57 y ({ 7t Q '4, N ! ` J : '.' `' II 3: �$ 't. rr �'� 1 J �' %•j _ , I .J` � �'. �'.:' •SO, � 1`'ice � � :.v .�'' .,i... 4! M-A 50 COOLIDGE ST. 0 3 _ ; Q2 ' EXHIBIT "A" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ACUPUNCTURE CLINIC IN A RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT, LOCATED AT 4125 FOLSOM 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 Helen Zhou to allow an acupuncture clinic in a RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 4125 Folsom, being Lots 1 and 2, Block 36, Calder Highlands Extension, City of Beaumont, Jefferson County, Texas, containing 0.41 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 a specific use permit to allow an acupuncture clinic in a RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 4125 Folsom, being Lots 1 and 2, Block 36, Calder Highlands Extension, City of Beaumont, Jefferson County, Texas, containing 0.41 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Helen Zhou, her legal representatives, successors and assigns. 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 herein above 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 6th day of May, 2003. - Mayor Evelyn M. Lord - FILE 1663-Z/P: Request for a zone change from RS (Residential Single Family NORTH Dwelling) to RM-H (Residential Multiple Family Dwelling - Highest Density) District and a specific use permit for an acupuncture clinic Location: 4215 Folsom SCALE Applicant: Helen Zhou 1"=200' �ip i- le o/• OI aG ft W, rSt Or AM ' J� -F...,� -.II - �• 1, t. �,,. -',�- c; ,t•i ::'' ,� ��• : •tom � J� ► `�[• FOLSOM DR. 4i si o .moo ARTHUR ST. . ccosto,..s•n-67 - . . - .. .. _ _ as* _ �. - so- rue•.. _ y ! 7 • ! I' It •; 41 , r �! 4Q '47' fI •!' 30 !i = 37 Si LU .r' r '.r COOUDGE ST. .. 'V .. '•�• s - 42 ' i s a IV EXHIBIT "A" roj, JDL 42,Y;� r OvAl pl,asc a ye • 22 LA Ice"( f YJ C ees OJ Zft NJ. jf lc, py;va C/le',(e kq se Cei o PORT 'J ' Ul X Ir Q /w, ) b 3 May 6,2003 Consider approving a request for a zone change from RM-H(Residential Multiple Family Dwelling- Highest Density) to RCR(Residential Conservation and Revitalization) District for property in the 1000 block(even) of Alabama, 1000 block of Georgia, 1000 block of Iowa, 1100 block(even) of Iowa, 1000-1100 blocks of Oregon, 1000-1100 blocks of Vermont, 1000 block(odd)of Florida and 4900-5100 blocks of Cochran City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: May 6, 2003 AGENDA MEMO DATE: April 23, 2003 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to RCR(Residential Conservation and Revitalization) District for property in the 1000 block (even) of Alabama, 1000 block of Georgia, 1000 block of Iowa, 1100 block(even)of Iowa, 1000-1100 blocks ofOregon, 1000-1100 blocks ofVermont, 1000 block(odd) of Florida and 4900-5100 blocks of Cochran. RECOMMENDATION The Administration recommends approval of the request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) to RCR(Residential Conservation and Revitalization) District for property in the 1000 block (even) of Alabama, 1000 block of Georgia, 1000 block of Iowa, 1100 block(even)oflowa, 1000-1100 blocks ofOregon, 1000-1100 blocks of Vermont, 1000 block(odd) of Florida and 4900-5100 blocks of Cochran. BACKGROUND The City of Beaumont Planning Division has conducted a zoning study of an 8 block area of the South Park neighborhood in order to implement a portion ofthe South Park Neighborhood Plan. The Plan designates this area as a"Redevelopment"area. A redevelopment area would allow for residential, some commercial and other uses that would compliment the existing neighborhood and the university community. RCR zoning would allow for low density residential by right and high density residential, some commercial and other uses with specific use permits. The subject area consists of a variety of land uses with the majority of the land consisting of multi- family or vacant. Lamar University owns the majority of the blocks bounded by Alabama,Florida, Rolfe Christopher and Cochran. This area has deteriorated significantly over the years. Many of the properties have become off- campus student housing. In addition,the university has invested substantial money into building on- campus housing. As a result, there is now an increasing need for a variety of uses that could serve both the university and the surrounding neighborhood. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing with City Council held April 21,2003,the Planning Commission voted 7:1 to approve a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)to RCR(Residential Conservation and Revitalization)District for property in the 1000 block (even)of Alabama, 1000 block of Georgia, 1000 block of Iowa, 1100 block(even)of Iowa, 1000- 1100 blocks of Oregon, 1000-1100 blocks of Vermont, 1000 block(odd)of Florida and 4900-5100 blocks of Cochran. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density)to RCR(Residential Conservation and Revitalization) District for property in the 1000 block (even) of Alabama, 1000 block of Georgia, 1000 block of Iowa, 1100 block (even) of Iowa, 1000-1100 blocks of Oregon, 1000-1100 blocks of Vermont, 1000 block(odd)of Florida and 4900-5100 blocks of Cochran. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULARTHE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY IN THE 1000 BLOCK (EVEN) OF ALABAMA, 1000 BLOCK OF GEORGIA, 1000 BLOCK OF IOWA, 1100 BLOCK (EVEN) OF IOWA, 1000-1100 BLOCKS OF OREGON, 1000-1100 BLOCKS OF VERMONT, 1000 BLOCK (ODD) OF FLORIDA, 4900-5100 BLOCKS OF COCHRAN, 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 RM-H (Residential Multiple Family Dwelling-Highest Density) District to RCR(Residential Conservation and Revitalization) District for property in the 1000 block (even) of Alabama, 1000 block of Georgia, 1000 block of Iowa, 1100 block (even) of Iowa, 1000-1100 blocks of Oregon, 1000-1100 blocks of Vermont, 1000 block (odd) of Florida, 4900-5100 blocks of Cochran, being Lots 1-10 and 13-24, Block 6, Lots 1-24, Block 9, Lots 1-24, Block 24, Lots 1-22, Block 25, Lots 1-14, Block 26, Lots 1-24, Block 27, Lots 1-24, Block 34, Lots 1-5, Block 35, Lamar Addition, Lots 1-8, Block 1, Lots 1-2, Block 2, Vermont Addition, City of Beaumont, Jefferson County, Texas, containing 25.75 acres, more or less, as described 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 herein above 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 this the 6th day of May, 2003. - Mayor Evelyn M. Lord - 1 ' r � ' � e .. 1 r r . • r r r , s , , • r r 1 'UMMEWILT". ! ( r •r r r r r n i 1 I r 'r w. r �r i'Yi r r r e 1100 block ► of r 1000-1100 blocks of Oregon, i l f i ! blocks of n r r 1000 block r r r of r r : 4900-5100 blocks of r r , I r r r: r of Beaumont Planning Division `\\\\\\\`\' \ \ �`�\\� \�\MMMM\� M,NININ ME w _,\\MWM\MMx�w\\m\. PREM0,11",-p\\\, m-; &IMMUM Int ism-NoNN azomii \ `\ \ = \ \ \ _ AS MEN, \ � \� : ♦ \\ � -1\11 fa \-n \ MUM fig WIN, 'IMMINNEMI, MENN MON US I NMMN'11111`�` N M 005\ M, 11 M gl� \1 WINE W�I M .\,\N�pffi\ owl a On MEMEN MW M11NINENMEN M& Mv MM HIM gm�\\\\,g\\\\ N 01\05,�zamvswm in W\01.k IN M.'am !,�mon.�\m1l ME ME MOM \MURN 0 MN: MENMINI M Nil IN FRIN III HEIN MEN IMEN IMENN 11 MR 1011.ERM.1111MR, 10 INM MEMM\ !'421MIN", MMENNEW pmmmaN�g 'N011 Rqf 2111 MENN NO WHIM, al IMMEN soUll �\\m�\R' kmmi" am on ox 4 !\N,;\\-\,- IMEN \\\\\g \g\�\\\ IMMERIN gINNIMMIN it ME'lon p\ 12 V%\MN IN 1\1MM\\\M\H\\\ 'N m N.NoW MEMN MMINI �\\MMMUN g kpgn,� ON a; AMR mm\M � 'N g \011111, \ OR\. . . \tom_..,_.Z:��,\.;HN.\. 10 1 IMMEN111\ \ \ vin N" QN R _Z"" IMI'M Ngslm NNI msmmm IMMEN' 'n,gpNq�\\g g\g gn�gmgn-".,�; gg\,,�\-, \110 MEN ggg Sol\00. 00 1 ,am US OpMAINWREIR MMM gam ME IN 4 May 6,2003 Consider approving a request for a zone change from LI(Light Industrial)to RS (Residential Single Family Dwelling) District for property at 1700 Chambless City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: May 6, 2003 AGENDA MEMO DATE: April 23, 2003 REQUESTED ACTION: Council consider a request for a zone change from LI(Light Industrial) to RS (Residential Single Family Dwelling)District for property at 1700 Chambless. RECOMMENDATION The Administration recommends approval of the request for a zone change from LI (Light Industrial) to RS (Residential Single Family Dwelling) District for property at 1700 Chambless. BACKGROUND Coreen Valverde,the property owner,has a buyer for the subject property at 1700 Chambless. When the buyer came to City Hall for a permit to build a new home,he was informed that the property is zoned LI(Light Industrial) which does not allow residential. The developed lots along Chambless are occupied by single family residences. In 1990, a request for RS for two lots immediately to the east of Laura Addition was granted. The subject property is 76' east of this RS zoning. It is apparent that the prominent type of development along the north side of Chambless is going to be single family residential. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing with City Council held April 21, 2003, the Planning Commission voted 8:0 to approve a request for a zone change from LI (Light Industrial) to RS (Residential Single Family Dwelling) District for property at 1700 Chambless. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from LI (Light Industrial) to RS (Residential Single Family Dwelling) District for property at 1700 Chambless. FILE 1665-Z: Request for a zone change fro_ m LI (Light Industrial) to RS (Residential NORTH Single Family Dwelling) District. S - Location: 1700 Chambless Applicant: Coreen Valverde SCALE tv 1"=200' s $ r _ r Q 'r aw rate r � � « MW L�I W W . SU ECT W ' 1 _ « MW Nr Z we W ' C do Clit�rlst cam? pA � rRLZSS w 'CHAMBLESS DR. s LI - �'�%s RM � *b - \ tr AW ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULARTHE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLYZONED LI (LIGHT INDUSTRIAL) DISTRICTTO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1700 CHAMBLESS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALAND PROVIDING 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 LI (Light Industrial) District to RS (Residential Single Family Dwelling) District for property located at 1700 Chambless, being Lot 8, Block 136, Plat B-20, J. A. Veatch Survey, City of Beaumont, Jefferson County, Texas, containing 0.43 acres, more or less, as described 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 herein above 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 this the 6th day of May, 2003. - Mayor Evelyn M. Lord - 5 May 6,2003 Consider approving a request to rezone the Old Charlton Pollard School site from RM-H(Residential Multiple Family Dwelling-Highest Density) to LI (Light Industrial) District ti..07..il Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: May 6, 2003 AGENDA MEMO DATE: April 23, 2003 REQUESTED ACTION: Council consider a request to rezone the Old Charlton Pollard School site from RM-H (Residential Multiple Family Dwelling-Highest Density) to LI (Light Industrial) District. RECOMMENDATION The Administration recommends approval of the request to rezone the Old Charlton Pollard School site from RM-H (Residential Multiple Family Dwelling-Highest Density) to LI (Light Industrial) District. BACKGROUND ExxonMobil is requesting this zone change for the 8.95 acre site of the former Charlton-Pollard High School. ExxonMobil now owns the vacant property. The property will be used as additional equipment storage and for overflow contractor/employer parking. Properties formerly used for these uses are now occupied by a new electrical sub-station. In addition,a new co-generation plant will soon be constructed on other ExxonMobil property in the general vicinity. In the past few years, the City of Beaumont has rezoned several blocks that ExxonMobil owns in this area. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing with City Council held April 21, 2003, the Planning Commission voted 7:0:1 to approve a request to rezone the Old Charlton Pollard School site from RM-H (Residential Multiple Family Dwelling-Highest Density) to LI(Light Industrial) District. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to rezone the Old Charlton Pollard School site from RM-H (Residential Multiple Family Dwelling-Highest Density)to LI(Light Industrial) District. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULARTHE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT LOCATED AT THE OLD CHARLTON POLLARD SCHOOL SITE, 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 30-58 thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family Dwelling-Highest Density) District to LI (Light Industrial) District for the Old Charlton Pollard School site, being Plat A2, Tracts I& I-B, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 8.95 acres, more or less, as described 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 herein above 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 this the 6th day of May, 2003. - Mayor Evelyn M. Lord - i FILE 1666-Z: Request_to rezone the old Charfton Pollard_School_site from RM-$_ NORTH - - - esiden s utple-Family-Dwein Highest Density)_o.LI_ ight jndustyi2n -- ULstncL Applicant: Fittz & Shipman, Inc. for Mobil Oil `-- — SCALE ,. 1"=200' 41 F MA Sr N „ M •♦ to /i1 AW I 40 r M w S ! « Air 4w AV /3 ! s I I w if 0 � {7 AI M "'~ >r �A117.�.1t�� •1 M s i X�/fi J! M as jr ' b% �I W.INS � A �J.«I �it At , SCHWARNER ST. H it ' t • PS i M ;+ 1 t , f s � « ? / G 1 tZ e Q; J1 if AS .fe of s• ss a►A • fats,;;:: So • so P « ,e • Ot P1 AV sr AWANr Lo, I~ 114=2 /ZCAO GRANT ST. as 00 lot— Is j w�t� fI)!I� a � ' •�•Y wt1 AY is+ ll As �a se.v• •s* 2 - - EXHIBIT "A" 6 May 6,2003 Consider approving a request for amendments to Section 30-38(a)and(b), Section 2-31 (a)and(b) and Section 2-33, Code of Ordinances 1~ .. Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: May 6, 2003 AGENDA MEMO DATE: April 23, 2003 REQUESTED ACTION: Council consider a request for amendments to Section 30-38 (a) and (b), Section 2-31 (a) and (b) and Section 2-33, Code of Ordinances. RECOMMENDATION The Administration recommends approval of the request for amendments to Section 30-38 (a) and (b), Section 2-31 (a) and(b) and Section 2-33, Code of Ordinances. BACKGROUND The Administration is requesting that Section 30-38(a)and(b),Section 2-31 (a)and(b)and Section 2-33 of the Code of Ordinances be amended to allow for the addition of three alternate members to the Planning Commission. The three alternate members will be appointed by the Mayor subject to approval by the City Council. Five regular and/or alternate members shall constitute a quorum of the Planning Commission. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing with City Council held April 21,2003,the Planning Commission voted 8:0 to approve a request for amendments to Section 30-38 (a) and (b), Section 2-31 (a) and (b) and Section 2-33, Code of Ordinances. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for amendments to Section 30-38 (a)and(b), Section 2-31 (a) and(b)and Section 2-33, Code of Ordinances. INTER-OFFICE MEMORANDUM � = c City of Beaumont, Texas Legal Department Date: April 10, 2003 To: Mayor and City Council From: Tyrone E. Cooper, First Assistant City Attorney Subject: Proposed Planning Commission Ordinance Amendment COMMENTS We have identified three (3) provisions of the Code of Ordinances and a section of the planning commission By-Laws which address the number of members to serve on the planning commission and what constitutes a quorum. The council, by section 30-38 (a) of the Code of Ordinances, establishes the number of the commissioners to be nine (9). Subsection (b) establishes the quorum as five (5) members. Also section 2-31 (a) provides that the planning commission shall be composed of nine (9) members. Section 2-33 sets out that five (5) members of the city planning and zoning commission shall constitute a quorum. These provisions would simply need to be amended to reflect the additional appointment of alternate members by the Mayor subject to the approval of the council. While the bylaws do not specifically speak to the number of members, it does address the number sufficient for a quorum. These quorum sections should also be amended to reflect that the quorum can be composed of both regular and/or alternate members. I have attached for your review suggested changes to these sections which should accomplish what you are requesting. Should you have any questions or other suggestions, please let me know. It is our intention that these items will be on the planning commission agenda on April 21, 2003 and then to the council on the following Tuesday, April 29, 2003. DRAFT ___--- ---Sec. 2-31. Planning- and zoning commissiom--fir vacancies; compensation. - - - (a) There shall be a planning and zoning commission, which commission shall be composed of nine (9) members and three(3) alternate members, whose offices are hereby created and established. (b) The members of the city planning and zoning commission shall be resident citizens and qualified voters of this city. The members of the city planning and zoning commission shall be appointed by the city council. The altemate members are to be appointed by the mayor subiect to the approval of the city council The term of office of each commissioner shall be for three (3) years or until a successor is appointed. The city council shall appoint one of the commissioners as chairman and one as vice-chairman of the commission to serve a term of one (1) year. Sec. 2-33. Same—Organization, meetings. The city planning and zoning commission shall, subject to the approval of the city council, make such rules and regulations and adopt such bylaws for its own government and designate such times and places for holding meetings as it deems proper. Five (5) regular and/or alternate members of the city planning and zoning commission shall constitute a quorum for the transaction of business. Sec. 30-33. Planning commission. (a) Creation. The planning commission,created in accordance with Article XVII, Section 24, of the Charter of the City of Beaumont, shall have the duties and responsibilities of the zoning commission provided for in Article 1011f,Vernon's Annotated GAMORDINANMAMENDUC - PLAN COM.wpd Texas Statutes. The planning commission shall consist of nine(9) members and three(3) alternate members who are resident citizens and qualified voters of the city. The members of the planning commission shall be appointed by the city council for three (3)-year terms or until a successor is appointed. The three alternate members shall be appointed by the mayor subiect to approval of the city council for three (3)-year terms or until a successor is appointed. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. The members of the planning commission existing on the effective date of this chapter shall continue to serve as members of the commission until the terms for which they were originally appointed expire. Members of the commission shall serve without compensation. Failure of any regular or alternate member to attend a minimum of eighty(80)per cent of all meetings and workshops of the planning commission during any calendar year shall result in automatic removal from membership on the planning commission. Excused absences which have been approved by the chairman of the planning commission shall not be computed as an absence in calculating the percentage of attendance. (b) Proceedings. The planning commission shall adopt rules, regulations and bylaws to govern its proceedings; provided that such rules shall not be inconsistent with this chapter or the laws of the State of Texas.All meetings of the planning commission shall be open to the public. Five (b) regular and/or alternate members of the planning commission shall constitute a quorum for the transaction of business. G:\CG\ORDINANC\AMEND\TC- PLAN COM.wpd ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 2, SECTION 2-31 , PLANNING AND ZONING COMMISSION--CREATED; MEMBERS; VACANCIES; COMPENSATION; SECTION 2-33, SAME--ORGANIZATION, MEETINGS.AND CHAPTER 30, SECTION 30-38, PLANNING COMMISSION, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 2, Section 2-31, Planning and zoning commission--Created; members; vacancies; compensation, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 2-31. Planning and zoning commission--Created; members; vacancies; compensation. (a) There shall be a planning and zoning commission, which commission shall be composed of nine (9) members and three (3) alternate members, whose offices are hereby created and established. (b) The members of the city planning and zoning commission shall be resident citizens and qualified voters of this city. The members of the city planning and zoning commission shall be appointed by the city council. The alternate members are to be appointed by the mayor subject to the approval of the city council. The term of office of each commissioner shall be for three (3) years or until a successor is appointed. The city council shall appoint one of the commissioners as chairman and one as vice-chairman of the commission to serve a term of one (1) year. Section 2. THAT Chapter 2, Section 2-33, Same--Organization, meetings, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Section 2-33. Same--Organization, meetings The city planning and zoning commission shall, subject to the approval of the city council, make such rules and regulations and adopt such bylaws for its own government and designate such times and places for holding meetings as it deems proper. Five regular and/or alternate members of the city planning and zoning commission shall constitute a quorum for the transaction of business. Section 3. THAT Chapter 30, Section 30-38, Planning commission, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 30-38. Planning commission. (a) Creation. The planning commission, created in accordance with Article XVII, Section 24, of the Charter of the City of Beaumont, shall have the duties and responsibilities of the zoning commission provided for in V.T.C.A. Local Government Code, Section 211.007. The planning commission shall consist of nine (9) members and three (3) alternate members who are resident citizens and qualified voters of the city. The alternate members shall serve in the absence of a regular member in the conducting of commission business. The members of the planning commission shall be appointed by the city council for three (3)-year terms or until a successor is appointed. The three alternate members shall be appointed by the mayor subject to approval of the city council for three (3)-year terms or until a successor is appointed. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. The members of the planning commission existing on the effective date of this chapter shall continue to serve as members of the commission until the terms for which they were originally appointed expire. Members of the commission shall serve without compensation. Failure of any regular or alternate member to attend a minimum of eighty (80) per cent of all required meetings and workshops of the planning commission during any calendar year shall result in automatic removal from membership on the planning commission. Excused absences which have been approved by the chairman of the planning commission shall not be computed as an absence in calculating the percentage of attendance. (b) Proceedings The planning commission shall adopt rules, regulations and bylaws to govern its proceedings; provided that such rules shall not be inconsistent with this chapter or the laws of the State of Texas. All meetings of the planning commission shall be open to the public. A full complement of the voting commission shall be nine (9). Five (5) regular and/or alternate members of the planning commission shall constitute a quorum for the transaction of business. Section 4. 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 5. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. Section 6. 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 6th day of May, 2003. - Mayor Evelyn M. Lord - 7 May 6,2003 Consider authorizing the City Manager to execute the renewal of a lease agreement with Lee Parking, L.L.C. for contract parking services Q15 g Cat y of Beaumont Council A enda Item K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: May 6, 2003 AGENDA MEMO DATE: April 30, 2003 REQUESTED ACTION: Council consider authorizing the City Manager to execute the renewal of a lease agreement with Lee Parking, L.L.C. for contract parking services. RECOMMENDATION Administration recommends authorizing the City Manager to execute a two (2) year lease agreement with Lee Parking, L.L.C., beginning May 1, 2003 and expiring April 30, 2005, for contract parking services on City-owned lots. BACKGROUND Prior to October 2000, parking services on City-owned lots was provided by Allright Beaumont Company (Allright). Allright provided their services since June 1977. During October 2000, Allright withdrew from the Beaumont market and the City assigned the lease agreement to Lee Parking, L.L.C. (Lee). The owner of Lee Parking, L.L.C., Mr. David Lee, had previously served as Allright's president, and has provided contract parking services since the assignment. The proposed lease is a renewal of the previous agreement with Lee Parking. It is a two (2) year agreement to provide a parking lot business and event service parking at various lots owned by the City. Parking lots which are provided for in the agreement include the lots at: 600 Main Street (Civic Center), 500 Main Street (Art Museum), 800 Main Street (City Hall), the intersection of College and Main Streets(Main Library), 800 Pearl Street(across from the Julie Rogers Theatre), 2930 Gulf(Sterling Pruitt Activity Center), and other locations as may be determined. In addition to providing attendants for event parking at these lots, Lee operates a day contract parking lot on the Civic Center north lot. Contract Parking Lease Agreement April 30, 2003 Page 2 Lee pays the City sixty-percent (60%) of gross receipts derived from the parking operation. During the past fiscal year, the City received more than $71,900 in parking revenues. The proposed agreement maintains the current maximum per vehicle rate of$3 per day. Except for comprehensive general liability coverage,the other provisions of the agreement remain basically the same as in previous years. Lee is required to increase liability and property damage insurance, including contractual liability and broad form coverage, to a minimum $1,000,000 combined single limit. Statutory workers' compensation insurance is also required. Lee agrees to indemnify the City from any liability or claims that may result from their use of the leased premises. Also, either party has the right to terminate the lease, effective as of the end of any calendar month, upon thirty (30) days' prior written notice, irrespective of the term of this lease. A copy of the lease agreement in its substantial form is provided for your review. BUDGETARY IMPACT Lee Parking, L.L.C. agrees to pay the City sixty-percent(60%)of gross receipts derived from the parking operation. The contract terms limit Lee's charges to a maximum of $3 per vehicle per day. The City received more than $71,900 in the previous fiscal year. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Convention Facilities Manager. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute the renewal of the lease agreement with Lee Parking, L.L.C. for contract parking services on City-owned lots, for a two-year term commencing on May 1, 2003 and ending April 30, 2005. THE STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT THIS AGREEMENT made and entered into by and between the CITY OF BEAUMONT,Texas, a municipal corporation, hereinafter referred to as "CITY," and LEE PARKING, L.L.C., a Texas corporation, hereinafter referred to as "LEE,"witnesseth: CITY,by these presents, leases and lets to LEE, subject to the terms and conditions contained herein,the following described property("leased premises")located in the City of Beaumont,Jefferson County, Texas, to-wit: TRACT ONE: The automobile parking lot located at 600 Main Street within the Civic Center Complex, commonly known as the "North Lot," (containing approximately 400 automobile parking spaces), as shown in Exhibit A; TRACT TWO: The automobile parking lot located at 500 Main Street upon the Art Museum grounds, commonly known as the"Museum Lot,"(containing 40 automobile parking spaces), as shown in Exhibit A; TRACT THREE: The automobile parking lot located at 800 Main Street, south of City Hall, commonly known as the "South Lot," (containing approximately 400 automobile parking spaces), as shown in Exhibit A; TRACT FOUR:The automobile parking lot located northwesterly of the intersection of College and Main Streets at the Public Library, commonly known as the "Library Lot," (containing approximately 50 automobile parking spaces), as shown in Exhibit A; TRACT FIVE: The automobile parking lot located at 800 Pearl Street, across from the Julie Rogers Theatre and Library(containing approximately 54 automobile parking spaces); TRACT SIX: The automobile parking lot located adjacent to the Sterling Pruitt Activity Center in Magnolia Park (containing approximately 110 automobile parking spaces). 1. This lease is for a term of two (2)years,commencing on May 1,2003 and ending on April 30, 2005, inclusive. 2. Throughout the period of the term of this lease LEE shall operate an automobile parking lot business on the leased premises for the principal use and benefit of the general public and users Page 1 of 5 of the Civic Center Complex of the City of Beaumont, Texas. LEE may employ the usual appurtenances and equipment for the conduct of that business. a. As to Tract One only, LEE shall operate a contract and day parking facility Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. A parking operation of this type shall be prohibited during all other time periods of this lease. The CITY may designate fifty(50) spaces, which will be exempt from parking fees assessed by LEE, for museum use. b. As to Tract One, Tract Two, Tract Three, Tract Four and Tract Five of the leased premises, any one or combination of said tracts, or any other location mutually agreed upon, LEE shall operate an"Event Service"parking operation during specific periods requested by the CITY. Upon at least twenty-four(24) hours' notice from the CITY, LEE agrees to operate all or any combination of the parking tracts as controlled and attended parking lots on any day or days in the lease term as specified in CITY's said notice. C. As to Tract Six only,LEE shall provide parking services as directed by CITY during the Southeast Texas State Fair as the same may be scheduled during the term of this lease, and LEE may charge a fee for parking on such lot as established by the City Manager. d. Notwithstanding anything in this lease to the contrary, LEE's obligation or liability whatever with respect to or on account of the use made of these Tracts, shall be limited to those periods specified herein. 3. Either party,upon thirty(30)days' written notice to the other,may withdraw Tract One, Tract Two,Tract Three,Tract Four,Tract Five,Tract Six or all of said Tracts,or designated portions from the provisions of this lease, whereupon LEE shall vacate and surrender such withdrawn Tract, Tracts or portions thereof and rent as to such withdrawn Tract,Tracts or portion thereof shall cease. 4. Either party shall have the right to terminate this lease, effective as of the end of any calendar month, upon thirty(30) days' prior written notice irrespective of the term of this lease. 5. No amendment, modification or alteration of the terms hereof shall be binding unless it is in writing, dated subsequent to the date hereof, and duly executed by the parties. 6. LEE covenants to pay CITY for each calendar month in the term of this lease for the privilege of operating the contract/day and event parking services,an amount equal to sixtypercent(60%) of the Gross Receipts derived during such month from the parking operation. Said rents are to be due not later than fifteen(15)days after the close of the respective calendar month to which such payments relate,without notice. LEE shall include with the payments a statement of Gross Receipts derived from the contract/day parking operation of Tract One, as well as a written Page 2 of 5 report setting out the amount of Gross Receipts derived from event services during such month from the leased premises(stated separately as to Tract One,Tract Two,Tract Three,Tract Four, Tract Five, and Tract Six). LEE shall direct payments to the City of Beaumont, Attention: Convention Facilities Manager, P. O. Box 3827, Beaumont, Texas 77704. a. "Gross Receipts"as used herein shall mean all amounts paid to and received or collected by LEE from LEE's operations upon the leased premises (including any receipts from the subletting thereof),excluding any and all sales,use,parking or other taxes or levies that LEE is or may become obligated by law to collect from its customers,either directly or indirectly, or which are or may be imposed on the gross receipts from parking or storing automobiles. b. From time to time,upon notice to LEE,CITY may restrict the parking permitted in Tract One of the leased premises to that related to a Civic Center Complex function or any other special event. 7. LEE agrees to keep adequate and satisfactory records of its use and operation of the leased premises, and CITY shall have access at all convenient times to any of such records of LEE's Gross Receipts for the purpose of examination and study thereof;and CITY shall have the right at any reasonable time to audit, or have audited at CITY's expense, such part of any of the aforesaid records as may directly relate to LEE's Gross Receipts derived from the leased premises. 8. The parking rates to be charged by LEE shall not exceed Three Dollars ($3.00) per day per automobile. The foregoing rates are exclusive of any sales,use,parking or other taxes that LEE may be obligated to collect from its customers or which may be assessed with respect to gross receipts derived from the parking operation. Parking rates charges for Event Service parking shall be subject to the discretion of the Convention Facilities Manager,provided such rates do not exceed that as stated above. 9. LEE shall pay or cause to be paid throughout the term of this lease all taxes and assessments whatsoever levied or assessed against LEE's personal property situated on the leased premises. 10. LEE agrees to take the same care of the leased premises that a reasonable man would take of his own property. CITY may enter the leased premises at all reasonable times to examine the condition of said property. 11. LEE may place and remove improvements, trade fixtures and equipment upon the leased premises. LEE shall not display"LEE"or"LEE PARKING"site signs on the leased premises. Signs displayed on the leased premises shall be limited to information and directions; that is, parking rates, payment procedures, traffic directions, etc. 12. LEE shall at all times during the lease maintain in full force and effect Comprehensive General Page 3 of 5 Liability and Property Damage Insurance including Contractual Liability and Broad Form Coverage with a minimum $1,000,000 Combined Single Limit. Statutory Workers' Compensation insurance shall also be maintained. With respect to such insurance,CITY shall be named as an additional insured. LEE shall furnish CITY with certificates evidencing such insurance to be in force. LEE may maintain such insurance under a blanket policy or policies. 13. All past due rents shall bear interest at ten percent(10%)per annum from date due until paid. All property of LEE placed on the leased premises shall be subject to a lien in favor of CITY for the payment of all rents or other sums agreed to be paid by LEE. 14. Should it become necessary to collect any rents due hereunder by legal proceedings,LEE agrees to pay an additional amount to cover CITY's court costs and reasonable attorney's fees with respect thereto. 15. If LEE makes default in the performance of any of its obligations hereunder and remains in default with respect thereto for ten(10)days after receipt of notice in writing pointing out such default, or if LEE be declared bankrupt, or if a receiver be appointed for LEE, or if LEE attempts to transfer this lease for the benefit of creditors, CITY may at its option declare this lease terminated immediately or at any time thereafter while such default or contingency continues and may thereupon without further notice enter upon the leased premises and take possession thereof. No waiver by CITY of any breach of any of the covenants to be performed by LEE shall be construed as a waiver of any other breach of any of the covenants of this lease. 16. LEE shall have no power to do any act or to make any contract that may create or be the foundation for any lien upon the leased premises; should any such lien be created and filed, LEE, at its own cost and expense, shall liquidate and discharge the same in full within thirty (30) days next after filing thereof. 17. LEE will procure at its expense such utilities and services as deemed necessary and will pay promptly all charges therefor and will not permit same to accrue against CITY or the leased premises. 18. LEE agrees to comply with all valid laws, ordinances, codes and regulations of any governmental authority having jurisdiction, applicable to LEE's occupancy or use of said premises. LEE covenants and agrees to indemnify and hold CITY harmless from any and all liability or claims for injuries to any person, including death, resulting therefrom, or for damage to or destruction of the property of any person which may be sustained on or within the leased premises during any period that LEE is in possession thereof, but not otherwise,and such indemnity shall expressly extend to claims alleging negligence on the part of the CITY, its agents, officers or employees. 19. CITY shall not be liable to LEE, its employees, customers,nor the public for any defect in the leased premises, whether existing at the time of LEE's acceptance of same or developing Page 4 of 5 thereafter, nor for any injury or damage that may occur from the elements, and LEE will indemnify and hold CITY harmless from all liability or claims made against CITY,its officers, agents or employees with respect thereto. 20. It is agreed and understood that any holding over by LEE of the leased premises after the expiration of this lease shall operate and be construed as a tenancy from month to month at the same rental as due during the last month of the lease term. 21. This agreement shall inure to the benefit of and be binding upon the respective parties, their successors and assigns. 22. Any notice which CITY or LEE may be required or may desire to give to the other shall be in writing and shall be sent by registered or certified mail: To Lessor at: To Lessee at: City of Beaumont Lee Parking, L.L.C. Attn: City Manager Attn: David Lee P. O. Box 3827 P. O. Box 3163 Beaumont, TX 77704 Beaumont, TX 77704 IN WITNESS WHEREOF,the parties hereto have executed this lease agreement in multiple originals the day of 2003. CITY OF BEAUMONT LEE PARKING,L.L.C. By: By: Kyle Hayes, City Manager David Lee, President Attest: Attest: Page 5 of 5 EXHIBIT A LEASED AREA ART "isf: I � TRACT 1 z _ TRACT 2 Q = = :3 FORSYTHE i CIVIC CENTER TRACT 4 ' I� CITY HALL KJNICIPAL LIBRARY TRACT 3 .= _ J COLLEGE . . TRACT 3 S May 6,2003 Consider approving a resolution authorizing the award of a contract for construction of the Downtown Improvements Orleans Street (Crockett to Wall Street) Interlocking Concrete Brick Pavers Project City of Beaumont jog-] -11MORIMITMEL�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: May 6, 2003 AGENDA MEMO DATE: April 29, 2003 REQUESTED ACTION: Council consider a resolution authorizing the award of a contract for construction of the Downtown Improvements Orleans Street (Crockett to Wall Street)Interlocking Concrete Brick Pavers Project in the amount of$929,258.71 to Allco, Ltd Contractor. RECOMMENDATION Administration recommends approval and execution of a contract with Allco, Ltd Contractor in the amount of$929,258.71 for the construction of the Downtown Improvements Orleans Street (Crockett to Wall Street) Interlocking Concrete Brick Pavers Project. The MBE goal will be met through subcontracts with the certified MBE firm of CMM Construction. The amount will be determined during performance of the project. Administration recommends authorization to award this contract. BACKGROUND On April 17, 2003, the City of Beaumont received three(3)bids for the Downtown Improvements Orleans Street (Crockett to Wall Street) Interlocking Concrete Brick Pavers Project. The lowest bid was submitted by Allco, Ltd Contractor in the amount of$929,258.71. The estimated cost of the project prior to receipt of the bid was $1,190,000. The list below identifies the total bid received from each contractor: Contractor Bid Allco, Ltd $ 929,258.71 W.B. Construction and Sons, Inc. 1,065,250.89 Brystar Contracting, Inc. 1,153,669.70 A bid tabulation sheet is attached for additional information. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution authorizing the award of a contract for construction of the Downtown Improvements Orleans Street (Crockett to Wall Street) Interlocking Concrete Brick Pavers in the amount of$929,258.71 to Allco, Ltd Contractor. EngOrleansPaverssk.wpd April 29,2003 CITY OF BEAUMONT BID TAB ORLEANS STREET(Crockett to Wall Street)INTERLOCKING CONCRETE BRICK PAVERS PAGE 1 OF 2 ALLCO,LTD W.B.CONSTRUCTION&SONS,INC. BRYSTAR CONTRACTING,INC. Item Item Unit Estimated Unit Total Unit Total Unit Total No. Code Alt Description Measure Quantity Price Price Price 100 001 PREP ROW G(CURB STA 10.00 $1,800.00 $18,000.00 $1,443.72 $14,437.20 $3,000.00 $30,000.00 104 001 REMOV CONC(CURB&GUTTERCOMBINED) LF 4,350.00 $6.50 $28,275.00 $3.66 $15,921.00 $5.00 $21,750.00 104 002 REMOV CONC(DRIVEWAYS)(6") SY 543.00 $8.50 $4,615.50 $15.82 $8,590.26 $6.00 $3,258.00 104 003 REMOV CONC(SIDEWALK&W.C.RAMPS)(4") -Sy 4,670.00 $7.50 $35,025.00 $10.76, $50,249.20 $5.00 $23,350.00 110 001 EXCAV(SIDEWALK&DRIVEWAYS) CY 1,847.00 $9.00 $16,623.00 $17.05 $31,491.35 $8.00 $14,776.00 110 002 EXCAV CURB&GUTTER COMBINED) Cy 514.00 $8.00 $4,112.00 $34.58 $17,774.12 $8.00 $4,112.00 247 001 FLEX BASE(TY A)(GR 1)(CL2)(8")(DC)(DEL)(SW&WCR) I TN 2,100.00 $22.00 $46,200.00 $28.24 $59,304.00 $28.00 $58,800.00 247 001 JFLEX BASE(TY A)(GR 1)(CL2)(12")(DC)(DEL)(C&G COMB) TN 1,405.00 $24.50 $34,422.50 $26.18 $36,782.90 $26.00 $36,530.00 276 001 CEM.TR B 3(STR L)(TY A)(CL 5)(GR.3)(10") Sy 487.00 $16.50 $8,035.50 $19.51 $9,501.37 $33.00 $16,071.00 300 001 ASPHALTIC MATL(AE-P)PRIME COAT GAL 793.00 $1.45 $1,149.85 $4.47 $3,544.71 $4.00 $3,172.00 300 002 ASPHALTIC MATL(AC-10)TACK COAT GAL 692.00 $1.90 $1,314.80 $1.77 $1,224.84 $4.00 $2,768.00 340 001 HOT MIX ASPHALT CONCRETE PAVEMENT(TY.D)(2") TN 1,231.00 $52A0 $64,012.00 $76.53 $94,208.43 $65.00 $80,015.00 351 001 REPAIRING EXIST.FLEX.PVMT.STRUCTURE(12") TN 1,072.00 $16.00 $17,152.00 $29.35 $31,463.20 $26.00 $27,872.00 354 001 PLANING PVMT.(2) Sy 8,270.00-$1.601- $13,232.00 $3.33 $27,539.10 $4.50 $37,215.00 356 001 FABRIC UNDERSEAL SY 8,270.00 $1.25i $10,337.50 $2.26 $18,690.20 $2.00 $16,540.00 400 001 STRUCTURAL EXCAVATION(TRENCH) CY 74.00 $1.00 $74.00 $87.271 $6,457.98 $10.00 $740.00 400 002 CEMENT STABILIZED BACKFILL(1 1/2 SACK/C.Y.)(PIPES) TN 200.00 $15.00 $3,000.00 $52.35 $10,470.00 $30.00 $6,000.00 400 003 CEMENT STABILIZED BACKFILL(1 1/2 SACK/GYJ(INLETS) 1 TN 96.00 $15.00! $1,440.00 $48.43 $4,649.28 $30.00 $2,880.00 432 001 RIP-RAP(CONC.DRAIN STRUCTURE)(COMP)(CL.A) LS 1.00__ $800.00 $800.00 $3,789.981 $3,789.98 $2,500.00 $2,500.00 464 001 HOPE PIPES(15") LF 60.00 $27.00 $1,620.00 $71.221 $4,273.20 $30.00 $1,800.00 464 002 HOPE PIPES(18") IF 60.00 $33.00 $1,980.00 $78.36 $4,701.60 $35.00 $2,100.00 464 003 RCP PIPES(21') LF 18.00 $60.00 $1,080.00 $150.34 $2,706.12 $50.00 $900.00 465 001 CURB INLETS TYPE A EA 14.00 $1,400.00 $19,600.00 $1,534.361 $21,481.04 $2,200.00 $30,800.00 465 002 GRATE INLETS(TYPE A) EA 6.00 $1,500.001 $9,000.00 $1,842.321 $11,053.92 $2,500.00 $15,000.00 465 003 JUNCTION BOX(3'X T) EA 1.00 $1,450.00, $1,450.00 $2,850.92; $2,850.92 $2,300.001 $2,300.00 465 004 1 CONCRETE STRUCTURES CL.A) Cy 200.00 $175.001 $35,000.00 $87.721 $17,544.00 $225.00 $45,000.00 479 001 ADJUST MANHOLE EA 20.00 $150.001 $3,000.00 $114.951 $2,299.00 $500.00 $10,000.00 479 002 ADJUST WATER VALVE BOX EA 27.00 $85.001 $2,295.00 $121.57 $3,282.39 $300.00 $8,100.00 479 003 ADJUST GAS VALVE BOX EA 21.00 $100.00 $2,100.00 $130.26 $2,735.46 $300.00 $6,300.00 479 004 ADJUST AIR VENT GRATE COVER EA 18.00 $150.00 $2,700.00 $121.57 $2,188.26 $300.00 $5,400.00 479 005 ADJUST CONCRETE PANEL BOX COVER EA 16.00 $85.00 $1,360.00 $123.24' $1,971.84 $300.00 $4,800.00 479 006 ADJUST UTILITY BOX EA 8.00 $120.00 $960.00 $184.861 $1,478.88 $500.00 $4,000.00 479 007 ADJUST TRAFFIC PULLBOX EA 10.00 $90.00 $900.00 $136.77' $1,367.70 $500.00 $5;000.00 479 008 ADJUST MH STEEL PLATE COVER EA 22.00 $70.00 $1,540.00 $165.78 $3,647.16 $500.00 $11,000.00 479 009 MODIFY/REPLACE GRATE INLET COVER EA 1.00 $400.00' $400.00 $628.721 $628.72 $1,000.00 $1,000.00 496 001 REMOVE OLD STRUCTURES(SMALL) EA 56.00 $300.00, $16,800.00 $117.431 $6,575.08 $100.001 $5,600.00 496 002 REMOVE OLD STRUCTURES(PIPES) LF 147.00 $14.001 $2,058.00 $51.50; $7,570.50 $10.00 $1,470.00 500 001 MOBILIZATION LS 1.00 $91,279.56! $91,279.56 $45,292.951 $45,292.95 $60,000.001 $60,000.00 502 001 BARR.,SIGNS AND TRAFFIC HANDLING MO 9.00 $1,100.001 $9,900.00 $600.191 $5,401.71 $1,000.00 $9,000.00 529 1 001 CONC.CURB AND GUTTER COMBINED(CLASS A) LF 4,350.00 $6.50 $28,275.00 $17.281 $75,168.00 $15.00 $65,250.00 529 002 REINF.CONC.RESTR.BLOCK(6"X 9")(CL.A)(SIDEWALK) LF 4,350.00 $4.50 $19,575.00 $9.721 $42,282.00 $8.00 $34,800.00 529 003 REINF.CONC.RESTR.BLOCK(6"X 12")(CL.A)(DRIVEWAY) LF 552.00 $6.001 $3,312.00 $16.02., $8,843.04 $12.00 $6,624.00 531 001 SIDEWALK(4") Sy 300.00 $18.001 $5400.00 $17.58' S5,274.001 $50.001 $15000.00 CITY OF BEAUMONT BID TAB ORLEANS STREET(Crockett to Wall Street)INTERLOCKING CONCRETE BRICK PAVERS PAGE 2 OF 2 ALLCO,LTD W.B.CONSTRUCTION&SONS,INC. BRYSTAR CONTRACTING,INC. Item Item Unit Estimated Unit Total Unit Total Unit Total No. Code AR Description Measure Quanti Price Price Price 610 001 12'FIBERGLASS LAMP POLE(COMPL)(INCL.ELEC. EA 57.00 $1,600.00 $91,200.00 $1,500.00 WIRINGS)(SINGLE FIXTURES $85,500.00 $1,700.00 $96,900.00 611 001 REM ROADWAY ILLUMINATION ASSEMBLIES EA 33.00 $100.00 $3,300.00 $158.00 $5,214A0 $100.00 $3,300.00 618 001 2"PVC SCHD 40 CONDUIT(INCL.CEM.STAB.SAND BKFL.) LF 3,650.00 $9.00 $32,850.00 $9.61 $35,076.50 $5.00 $18,250.00 624 001 PULL BOXES EA 40.00 $235.00 $9,400.00 $147.00 $5,880.00 $500.00 $20,000.00 656 002 12'FIBERGLASS LAMP POLE FOUNDATION(COMPL) EA 57.00 $150.00 $8,550.00 $94.00 $5,358.00 $500.00 $28,500.00 5009 001 TEMP SED CONT FENCE(INSTALL) LF 3,390.00 $2.40 $8,136.00 $0.12 $406.80 $0.01 $33.90 5009 002 TEMP SED CONT FENCE(REMOVE&REPLACE) LF 3,390.00 $2.50 $8,475.00 $0.12 $406.80 $0.01 $33.90 5009 003 TEMP SED CUNT FENCE(REMOVE) LF 3,390.00 $1.00 $3,390.00 $0.12 $406.80 $0.01 $33.90 7100 001 LANDSCAPE PLANTERS(W36-7/8"X H29 3/4") EA 42.00 $635.00 $26,670.00 $508.00 $21,336.00 $600.00 $25,200.00 9000 001 BRICK PAVERS(INCL.SAND FILLERS&BEDDINGXSIDEWALK, W.C.RAMPS&DRIVEWAYS) SF 44,850.00 $3.25 $145,762.50 $3.53 $158,320.50 $4.50 $201,825.00 9100 001 MISC.PIPES(0-4'CUT)(6"&8"DIAMETER) LF 600.00 $14.60 $8,760.00 $10.40 $6,240.00 $10.00 $6,000.00 9100 002 MISC.PIPES(0 4'CUT)(10"&12"DIAMETER) LF 600.00 $17.40 $10,440.00 $12.19 $7,314.00 $15.00 $9,000.00 474 001 SLOTTED DRAIN(INLET)(TY.S)(15"X 22') EA 2.00 $1,460.00 $2,920.00 $3,541.941 $7,083.88 $2,500.00 $5,000.00 TOTAL COST $929,258.71 $1,065,250.89 $1,153,669.70 9 May 6,2003 Consider approving the purchase of a primary windstorm insurance policy ...... City of Beaumont •�• Council Agenda Item � = O TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: May 6, 2003 AGENDA MEMO DATE: May 1, 2003 REQUESTED ACTION: Council approval to purchase a primary windstorm insurance policy. RECOMMENDATION Administration recommends the renewal of an insurance policy from the Texas Municipal League Intergovernmental Risk Pool (TML-IRP) in the amount of $130,150 for one (1) year Primary Windstorm Insurance coverage, with a retention of$500,000 per occurrence. BACKGROUND The annual premium of$130,150 provides Primary Windstorm coverage for damages caused by wind,hurricane and hail. The maximum combined building and contents value per structure available through the primary policy is $5,000,000. Supplemental excess insurance is provided by excess windstorm policies due to expire in August. The primary policy,effective May 1,2003,is renewable for one year. Last year's premium for primary windstorm coverage with a$250,000 retention was$135,318. The increase in retention is a result of the underwriter's increased exposure on the Gulf Coast. AXA Corporate Solutions Lloyds Insurance Company of Texas is the underwriter for this policy and numerous other policies written in the Gulf Coast area. The total building and content value insured by the primary windstorm policy is$69,173,856 and the policy's coverage is based on replacement cost. Although the policy is provided through TML-IRP,the renewal was provided separately from AXA and not included with the renewal for the fire, flood and extended coverage policy. It was not received in time to be included in the recommendation for Council approval on April 15. Purchase of Windstorm Insurance May 1, 2003 Page 2 BUDGETARY IMPACT Funds in the amount of$130,000 were budgeted in the Central Services Department, Building Services Division's budget. TML-Intergovernmental Risk Pool allows the payment to be made monthly, thus allowing the City to remain within budget during this fiscal year. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED ACTION Approve/Deny the renewal of a primary windstorm insurance policy from Texas Municipal League Intergovernmental Risk Pool in the amount of$130,150 with an effective date of May 1, 2003. 10 May 6,2003 Consider approving a one (1)year contract for the purchase of fire hydrants and meter box lids for use in the Water Utilities Division U7q9j--7jWj Cl of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: May 6, 2003 AGENDA MEMO DATE: April 23, 2003 REQUESTED ACTION: Council approval of a one (1)year contract for the purchase of fire hydrants and meter box lids. RECOMMENDATION Administration recommends award of an annual contract for purchasing fire hydrants and meter box lids to Golden Triangle Pipe and Supply at the unit costs reflected in the attached bid tabulation,with an estimated total annual expenditure of$96,367. BACKGROUND The materials are used in the installation of fire hydrants, and in the maintenance of existing water mains and meters. Bid notices were provided to six(6)vendors,with four(4)responding with bids as reflected in the attached bid tabulation. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None, RECOMMENDED BY City Manager, Central Services Director, and Public Works Director. RECOMMENDED MOTION Approve/Deny award of a one (1) year contract for purchasing fire hydrants and meter box lids to Golden Triangle Pipe and Supply as reflected in the attached bid tabulation. GOLDEN TRIANGLE PIPE COBURN SUPPLY HUGHES SUPPLY RURAL PIPE BEAUMONT, TX B'EAUMONT, TX LUFKIN TX JASPER,TX Est.Qty. Description Unit Total Unit Total Unit Total Unit Total FIRE HYDRANT BURY 100 Fire Hydrant American Flo Control B-84-B 3'6"bury $$49.50 $$4,950.00+ N/� N/B $901.72 $90,172.00 N/B N/B MANUFACTURER BID: American Flo Control American Flo Control METER BOXES 300 #37T cast iron(read-lid,flip-top type)lid for#37 marked w $9.65 $2,895.00 $10.36 $99.97 $14.77 $4,431.00 $21.00 $6,300.00 concrete meter box American made 80 #65 cast iron meter box lid 2 piece,marked water. $1$.40 $1,472.00 $19.57 $360.09 $29.73 $2,378.40 $30.00 $2,400.00 600 Cast iron top marked sewer or water for#37 meter box with $11.75 $7,050.00 $12.61 $148.17 $17.98 $10,788.00 $21.00 -$12,600.00 protective coating. Imports_acceptable MANUFACTURER BID: Southern Meter Southern Meter South_ern Meter AccuCast Total-Meter Boxes $11,417A0+ $608.231 $17,597.40 $21,300.00 11 May 6,2003 Consider a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-VIII City of Beaumont M OL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: May 6, 2003 AGENDA MEMO DATE: April 30, 2003 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-VIII. RECOMMENDATION Administration recommends approval of a contract with Allco, Inc., Beaumont, Texas, in the amount of$2,256,555.75 to rehabilitate 45,402 linear feet of 6- and 8-inch sanitary sewer lines, 1,490 linear feet of 10- and 12-inch sanitary sewer lines, remove and replace 150 manholes, furnish and install 6 clean-outs,and replace 750 service connections in the Sallie Curtis Elementary School area, Twenty-third Street area, Junker Road area and the Caldwood Addition. Also, included in the project is the installation of 2,235 linear feet of new 10-inch sanitary sewer lines and 9 new manholes on Twenty-third Street. The MBE goal will be met through subcontracts with the certified MBE firms of Chris Gobert Trucking for $82,600 and Texas Mechanical Specialty for $188,941. The total of $271,541 represents 12 percent of the total bid. BACKGROUND The existing sewer lines installed in 1960 have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, and provide customers with uninterrupted and adequate service. BUDGETARY IMPACT Funds for the project are available in the Water Utilities Operating Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION: Approve/Deny a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-VIII. WUSmal1DiaContractVHIsk.wpd April 30, 2003 CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE C) Date of Report 4-29-03 Department Sanitary Sewer Project No. XerlaD Smail Diame er Location Mains Contract VIII Allco, Ltd. percent Complete _ Total Contract Amount $2,256,555.75 Name of Prime Contractor/Proposer Y GREED N; A. k ETIt3N ' TE PRICE c '.. Chris Gobert Truckin 1390 Smoke y Lane June 15, 2003 g .Beaumont, Texas 77705 Trucking May 31 2004 82,600.00 Texas Mechanical Specialty P.O. Box 7523 June 1b, Beaumont, Texas 77720 Piping May 31 , 2004 188,941 .00 The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: 1. Any business listed above must have Schedule A on file with the City. 2. Schedule C is to be included with bid,and resubmitted at 50%and 100%of project completion. W. Harrison Signature Partner Title PWlE Form SchedC.0203-95 30 BID TABULATION SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT-Vlll BID OPENING DATE:THURSDAY,April 3,2003 @ 2 PM The Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate tabulation of the bids received Hani J.Tohme,P.E.,Water Utilities Engineer Date:04/08/03 ITEM QUANTITY ALLCO,INC. TROY CONSTRUCTION HORSESHOE BRYSTAR KINSEL INDUSTRIES,INC. NUMBER BEAUMONT,TX L.L.P. CONSTRUCTION CONTRACTING,INC. HOUSTON,TX T.W.HARRISON HOUSTON,TX LA PORTE,TX BEAUMONT,TX ANDY OZMENT GLEN CRAWFORD JOHN R.HOLT BRYAN PHELPS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO.1 1 $5,000.00 $5,000.00 $25,000.00 $25,000.00 $5,000.00 $5,000.00 $30,000.00 $30,000.00 $145,000.00 $145,000.00 ITEM NO.2 7,990 $25.00 $199,750.00 $24.00 $191,760.00 $30.00 $239,700.00 $32.00 $255,680.00 $38.00 $303,620.00 ITEM NO.3 37,412 $27.00 $1,010,124.00 $30.00 $1,122,360.00 $32.00 $1,197,184.00 $34.50 $1,290,714.00 $40.00 $1,496,480.00 ITEM NO.4 821 $29.00 $23,809.00 $39.00 $32,019.00 $55.00 $45,155.00 $40.00 $32,840.00 $50.00 $41,050.00 ITEM NO.5 669 $32.00 $21,408.00 $45.00 $30,105.00 $70.00 $46,830.00 $45.00 $30,105.00 $55.00 $36,795.00 ITEM NO.6 150 $1,750.00 $262,500.00 $2,310.00 $346,500.00 $1,900.00 $285,000.00 $2,000.00 $300,000.00 $2,100.00 $315,000.00 ITEM NO.7 6 $835.00 $5,010.00 $624.00 $3,744.00 $300.00 $1,800.00 $160.00 $960.00 $750.00 $4,500.00 ITEM NO.8 750 $685.00 $513,750.00 $450.00 $337,500.00 $370.00 $277,500.00 $400.00 $300,000.00 $500.00 $375,000.00 ITEM NO.9 2,235 $77.25 $172,653.75 $57.00 $127,395.00 $60.00 $134,100.00 $60.00 $134,100.00 $60.00 $134,100.00 ITEM NO,10 1 $5,350.00 $5,350.00 $1,560.00 $1,560.00 $5,000.00 $5,000.00 $2,400.00 $2,400.00 $500.00 $500.00 ITEM NO.11 9 $1,750.00 $15,750.00 $3,150.00 $28,350.00 $2,000.00 $18,000.00 $3,300.00 $29,700.00 $2,250.00 $20,250.00 ITEM NO.12 1 $1,000.00 $1,000.00 $522.00 $522.00 $500.00 $500.00 $45.00 $45.00 $500.00 $500.00 ITEM NO.13 6 $3,325.00 $19,950.00 $1,140.00 $6,840.00 $1,500.00 $9,000.00 $4,850.00 $29,100.00 $3,500.00 $21,000.00 ITEM NO.14 1 $500.00 $500.00 $3,600.00 $3,600.00 $2,000.00 $2,000.00 $750.00 $750.00 $2,000.00 $2,000.00 ITEM NO.15 1 $1.00 $1.00 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $750.00 $750.00 $2,000.00 $2,000.00 TOTAL $2,256,555.75 $2,260,255.00 $2,268,769.00 $2,437,144.00 $2,897,795.00 METHOD LINEBACKER TRENCHLESS PIPE BURSTING T.T.TECHNOLOGY T.T.TECHNOLOGIES PIPE BURSTING PIPE REPLACEMENT T.T.TECHNOLOGIES SYSTEM CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE C)' Date of Report 4-29-03 Department c elder Project No. Renan SmaII Diameter Location ins Contract VIII Allco, Ltd. Percent Complete Total Contract Amount $2,256,555.75 Name of Prime Contractor/Proposer I r I : ._ rGREEDx�,Y+ ON ` TE �PRICEtx*t`a.. Chris Gobert Trucking 1390 Smokey Lane June 15, 2003 g .Beaumont Texas 77705 Trucking May 31 2004 82,600.00 Texas Mechanical- Specialty Beaumot on ,7Texas e � 77720 Piping May31 , 2004 188,941 .00 The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: 1. Any business listed above must have Schedule A on file with the City. 2. Schedule Cis to be included with bid,and resubmitted at 50%and 100%of project completion. .W. Harrison Signature Partner Title PWlE Form SchedC.0203-95 30 Zn City ®f Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 6, 2003 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in West Chase Village, Section Two Subdivision B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Deerfield Phase One Subdivision C) Approve a resolution authorizing the acceptance of a water line easement providing access for fire prevention services D) Approve an agreement for sponsorship of the City's July 4' Celebration, now referred to as "The Texas Liberty Fest" A ...... City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: May 6, 2003 AGENDA MEMO DATE: April 29, 2003 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in West Chase Village, Section Two Subdivision. RECOMMENDATION Administration recommends approval of the following: • Sunflower Lane from existing dead end approximately 839 linear feet north to the 3-OM-4P end of roadway markers. • Windchase Drive from the existing Sunflower Lane approximately 586 linear feet east to the 3-0M-41? end of roadway markers. • Village Drive from the existing Major Drive(FM 364)approximately 894 linear feet east to the 3-OM-4P end of roadway markers. Also, recommended for approval are the water and sanitary improvements for Lots 9-21, Block 1; Lots 13-18, Block 3; Lots 1-7, Block 4; Lots 1-7, Block 5; and Lots 1-3, Block 6. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on April 16, 2003. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in the West Chase Village, Section Two Subdivision. Eng W estChaseSec2Agensk.wpd April 29,2003 i 0 z . 1^jest Chase g n IF -Vige BLUE g Section ` 'wo i IpMT ' Rogers PV j B�N > MARSHALL Park Z3 0 GLADYS — < GR EN W z o<a L KWO W0, WLDER CH R V > `+Y o rx OW WESTGA STCAIE = o R NGTON WEDG WOOD q <$ Oaks z n.< Country BLARNEY o O ti J < ON 2 Club WEAVER v O �n W ion SHILOH U 'k �V' ANGELS Z 3 z COLLIER LL I SHIRE i VICINITY MAP NTS WEST CHASE VILLAGE SECTION TWO SUBDIVISION B vow City of Beaumont t7!qw_ Council Agenda I � = � • � � g to m TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: May 6, 2003 AGENDA MEMO DATE: April 29, 2003 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Deerfield Phase One Subdivision. RECOMMENDATION Administration recommends approval of the following: • Deerfield Drive from the existing Hwy.105 approximately 470 feet north to proposed Carrie Lane. • Carrie Lane from the centerline of proposed Deerfield Drive approximately 432 feet west to the 3-OM-4P end of roadway markers, and from the centerline of Deerfield Drive approximately 355 feet east to Bonner Drive including the cul- de-sac. • Bonner Drive from proposed Carrie Lane approximately 457 feet north to the 3-OM-4P end of roadway markers. • Glen Rose Circle from proposed Bonner Drive approximately 491 feet west to and including the cul-de-sac. Also, recommended for approval are the water and sanitary improvements for Lots 1-10, Block 1; Lots 1-4, Block 2; Lots 1-7, Block 3; and Lots 1-14, Block 4. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on April 17, 2003. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in the Deerfield Phase One Subdivision. EngDeerfieldPh 1 Agensk.wpd April 29,2003 P£RL ROAD i f � 4 7� SPVRLOCK ROAD CATHEDRAL SCHOOL ��'a STATE HWY TOLIVAR ROAD (o ID EE—R—FRELDal I PHASE ONE LOCATION MAP N jS DEERFIELD PHASE ONE SUBDIVISION City of Beaumont �• Council Agenda Item • O g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: May 6, 2003 AGENDA MEMO DATE: April 22, 2003 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a water line easement providing access for fire prevention services. RECOMMENDATION The property owner listed below has conveyed a ten foot (10') water line easement to the City of Beaumont. This easement will provide mandatory access for fire prevention services. The Pointe' Townhomes & Apartments located at 4165 Old Dowlen Road [Martin Home Builder, Inc. Apartment Complex] out of W. B. Dyches Survey, Abstract 17 Owner: Weston Trails Property, Ltd. Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide exclusive access to the water lines and fire hydrants for the town home and apartment complex named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution authorizing the acceptance of a water line easement providing access for fire prevention services. fire_4165 olddowlen-ib.wpd April 22,2003 SUBJECT 10' WATER LINE EASEMENT g COLE LLJ 69 J 0 6 0 287 OUT OF o W.B. DYCHES SURVEY ABSTRACT 17 (4165 OLD DOWLEN ROAD) �w Wo OWNER: Or oP WESTON TRAILS PROPERTY, wLunmsTA LTD. Q LEGEND LOCATION MAP N.T.S. 11� SUBJECT PROPERTY x rn•w,wr WAIL-MART .rw•..r...w• ENTRANCE ter. { o - _- O fir« 0 0� E z Z A W O { g Q 0 0 0 o� a i w N.T.S. D . City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: May 6, 2003 AGENDA MEMO DATE: May 1, 2003 REQUESTED ACTION: Council consideration to authorize the City Manager to execute an agreement for sponsorship of the City's July 4"' Celebration, now referred to as "The Texas Liberty Fest." RECOMMENDATION Administration recommends authorizing the City Manager to execute an agreement with KFDM- TV to underwrite as prime sponsor, the City's July 0' festival. BACKGROUND Last year, the City expanded its July 4'''celebration to include children's games, rides, a car show and entertainment. Previously, the festival consisted of a performance by the Symphony of Southeast Texas, followed by a dazzling fireworks display. In order to underwrite the cost of the additional festival activities, the City requested proposals from local agencies to sponsor the event. KFDM-TV was selected as the primary event sponsor. As provided in last year's agreement, the City granted them the right of first refusal to be the prime underwriter of the 2003 event. They wish to exercise this right and continue the excellent relationship with the City to provide another successful festival in the downtown area. The proposed agreement is basically the same as that which was approved by City Council last year. KFDM-TV agrees to contribute $25,000 to the City to defray event costs. Payments are to be made in three installments, with the final payment being made by July 1. They, along with KWBB will promote the event and also secure additional sponsorship. KFDM-TV staff members have already designed a logo for the event and have suggested naming the event "The Texas Liberty Fest." Promotional spots and materials using the new logo and name will be included on Clear Channel radio and in The Examiner newspaper. Sponsorship of City's July 41 Celebration May 6, 2003 Page 2 City staff is still finalizing plans for the Independence Day celebration. It will again incorporate children's rides, games, and live entertainment. Plans include closing Main Street for space to provide the rides and games. In addition to the Symphony's performance and the traditional fire works display, The R. L. Shorkey Education and Rehabilitation Center of SE Texas and The Area Agency on Aging will join the festivities with a rubber duck race and comfort food cook-off. Activities are scheduled to begin at 12:00 P. M. and close after the fireworks display. A copy of the agreement is attached for your review. BUDGETARYIMPACT KFDM-TV will contribute$25,000 to the General Fund to offset festival expenses. The Convention Facilities Division has an additional$25,000 budgeted in operational expenses. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Convention Facilities Manager. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute an agreement with KFDM-TV for sponsorship of the City's "The Texas Liberty Fest." �Zr* A �r CONTRACT STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, KFDM-TV (herein "KFDM") and the City of Beaumont (herein "City") wish to enter into an agreement for KFDM to underwrite as prime sponsor a portion of the cost of the City's July 4, 2003 celebration (herein "the Event") and the parties agree as follows: 1. OBLIGATIONS OF KFDM. 1.1. To pay to the City the sum of Twenty-Five Thousand Dollars ($25,000) in three (3) installments. Upon execution of this agreement, the first payment of $8,300 is due and payable. The second payment, in the amount of $8,300, will be made on or before June 13, 2003. Final payment, in the amount of $8,400, will be made on or before July 1, 2003. 1.2. To promote the event and sell additional sponsorships for the Event. Any such sponsorship shall exclude sexually-oriented businesses, tobacco products, and alcoholic beverages. 1.3. To allow other sponsors not affiliated with KFDM, such as the Symphony of Southeast Texas, The R. L. Shorkey Education and Rehabilitation Page 1 of 3 Center of Southeast Texas and The Area Agency on Aging, to advertise at the Event. 1.4. To recognize that food vendors in or on City property and at Riverfront Park must be contracted through the City's concessionaire, Swanson Corporation. 1.5. To not place production vehicles in Riverfront Park. 1.6. To obtain approval for all signage and product advertisement or placement from the Convention Facilities Manager prior to placing such signs or products or advertisements. 2. OBLIGATIONS OF THE CITY. 2.1. Subject to inclement weather and events beyond the control of City, City will produce and present the Event in downtown Beaumont to include music and a fireworks display. 2.2. To recognize KFDM as the prime underwriter of the Event, including the right to obtain other sponsors and offer various rights to such sponsors as shown on Exhibit "A" attached hereto. 2.3. To agree that KFDM shall have the right of first refusal to be the prime underwriter for the 2004 event, if any. 2.4. To include logos as produced by KFDM and their affiliate sponsors on all written or electronic material promoting the Event so long as such logos are provided to City in a timely fashion. 2.5 To include ten (10) VIP reserved seats in Riverfront Park for the fireworks display. Page 2 of 3 EXECUTED this day of , 2003. THE CITY OF BEAUMONT By: Kyle Hayes, City Manager KFDM-TV By: Larry Beaulieu, General Manager Page 3 of 3 APR-23-2003 WED 03:07 PM BEAUMONT CIVIC CENTER 4098383715 P. 05 KFDM-TV and The City of Beaumont Present ^T� �The Texas Liberty Fest KFDM-TV is excited the city of Beaumont has asked our station to submit a proposal to be a part of the Texas Liberty Fest. In the past the fireworks put on by the city have had a tremendous turnout. KFI. M-TV is proud to support the city in making this annual event into a much larger festival that will bring people downtown to celebrate on the most patriotic day of the year. In exchange for$25,000,the City of Beaumont will allow KFDM-TV the following: To be the ofricie underwriter of the festival. • The ability to exclusively sell sponsorships to the event. • The right to have our sponsors participate on site,through grass roots promotional efforts • The right of first refusal to become the Festival Underwriter for the 2004 Celebration. In return for this opportunity KFDM-TV will secure sponsorships for this event. The City of Beaumont will allow XYDM-TV to offer our sponsors the following: • Recognition as one of the exclusive sponsors for the Texas Liberty Fest. • Logo inclusion in all promotional spots that will air in from June A—July 4th. • Logo inclusion promotional spot that will air the day of the Festival. • Specially produced Independence Day spot. • Promotional Spots on KW13B, the local WS affiliate that will run in conjunction with the spots airing on KFDM TV. _ • Signage placement on the festival grounds • Inclusion in all promotional spots and materials on Clear Charnel Radio and in The Examiner newspaper. • On site product placement inside the Festival Grounds • The ability to execute grass roots marketing inside the festival grounds. KFDM-TV is fully committed to this event. By combining our efforts to promote this event on both KFDM--TV and KWBB,we can promote this event far better than any other media outlet in the area. This promotional power combined with the great events the city has to offer will make this years 4th of July Celebration one to remember. �.j.- , � . . -� -�. �-' f �� {�, -z.�,,,�; ,,, .. - • � .�+►.` �� iF!' j li