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Home My WebLink AboutPACKET JULY 15 2003 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 15, 2003 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 2-7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a specific use permit to allow an expansion of mini- warehouses in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5440 Old Dowlen Road 2. Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department 3. Consider approving the purchase of an excavator for use in the Clean Community Department 4. Consider approving the purchase and installation of a raw sewage pump for use at the Water Reclamation Plant 5. Consider amending Section 13-16 of the Code of Ordinances to add a fee for medical record and billing searches 6. Consider approving the purchase of a flashover survival training system for use at the Fire Training Grounds 7. Consider amending Ordinance No. 03-004 relating to the structure located at 3136 Hollywood WORKSESSION Discuss Article XII of the Charter of the City of Beaumont COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Clerk City Manager Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at$80-3725 a day prior to the meeting. 1 July 15,2003 Consider a request for a specific use permit to allow an expansion of mini-warehouses in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5440 Old Dowlen Road City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 15, 2003 AGENDA MEMO DATE: July 7, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow an expansion of mini-warehouses in a GC-MD (General Commercial- Multiple Family Dwelling) District at 5440 Old Dowlen Road. RECOMMENDATION The Administration recommends approval of the request for a specific use permit to allow an expansion ofmini-warehouses in a GC-MD(General Commercial-Multiple Family Dwelling)District at 5440 Old Dowlen Road,subject to a 6'wide landscape strip with trees installed every 25'along the property frontage and allowing a modification of the required 10'wide landscape strip to 5'behind the existing building along the south side of the property. BACKGROUND Jim Speed,the property owner,wishes to expand his existing mini-warehouse development at 5440 Old Dowlen Road. Approximately 10 years ago, Mr. Speed was given a building permit for two 2,000 sq. ft. mini-warehouse buildings and one 3,300 sq. ft. mini-warehouse building. The City granted this permit in error. The property was,and still is,zoned GC-MD. Mini-warehouses require a specific use permit in a GC-MD District. No specific use permit was required by city staff at that time. Mr. Speed would now like to construct two additional 4,900 sq.ft.mini-warehouse buildings on the subject property. In one of the new buildings would also be an office for the development. The new buildings will include climate-controlled units. A 6'x 10'monument-type sign will be built near the front gate. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held June 16, 2003, the Planning Commission voted 7:0 to approve the request for a specific use permit to allow an expansion of mini-warehouses in a GC-MD District at 5440 Old Dowlen Road,subject to a 6'wide landscape strip with trees installed every 25'be installed along the property frontage,obtaining approval by the City of detailed drainage plan,constructing an 8'tall wood privacy fence on the south side and allowing a modification of the required 10'wide landscape strip to 5'behind the existing building along the south side of the property. NOTE: A drainage plan has been approved by the City. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow an expansion of mini-warehouses in a GC- MD District at 5440 Old Dowlen Road,subject to a G wide landscape strip with trees installed every 25' along the property frontage, constructing an 8'tall wood privacy fence on the south side and allowing a modification of the required 10' wide landscape strip to 5' behind the existing building along the south side of the property. I® 1=' - FILE 1673-P: Request for a specific use permit to allow an expansion of mini- NORTH warehouses in a GC-MD (General Commercial- Multiple Family Dwelling) District A Location: 5440 Old Dowlen Road Applicant: Jim Speed SCALE P=2001 f Sr COLE ST. : GC . ' W � 3 � I - �- j b.S U '� � 0 r 0 X '• O X z W RM' J 3 v ' J O ' s c ' Y EXHIBIT`All 239►' S,• lo'2e'E o�.SL 10 10 I W J i i' .OI-LC � ' 5440 Old I)o%vicn Rd Oil N Beaunuont,Tx 77.106 4 Lot Ten, SAVE ANF EXCEPT the Not Ili m � Two I lundi ed feet I! (S & E N. 200) thereoCin Block Six of the 2id RE'PLAT OF ROSEDALE ADDITION, an addition to the city 6 of Beaumont, M , ,, -W.oe Jefferson County, = g Son SA Texas,according Is ro,eY, to the map or plat ICG-OFt1dP�% r�'� / thereof, of record 00 ® in Vol. 7 138. 83, m b �h N I Map Records, 11 .9s o a Jefferson County I Texas. 3 n. Z I r I - - — — — — - - - — — — — — — — -� �� - - - — — — - - - - -- - - —X51 - - - - '� zrorz ks/G�J �,' xio� . f " Approval subject to a 6'wide landscape strip with _T.� —T-- -- ------ – trees installed every 25'along the property frontage, constructing an$'tall wood privacy fence on the south 54NO OLD DOWLEN ROAD side and allowing a modification of the required 10' wide landscape strip to 5'behind the existing building along ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EXPANSION OF MINI-WAREHOUSES IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 5440 OLD DOWLEN ROAD 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 Jim Speed to allow an expansion of mini-warehouses in a GC-MD (General Commercial-Multiple Family Dwelling)District located at 5440 Old Dowlen Road, being the S 239' of Lot 10, Block 6, Tr. 3, Rosedale Addition, City of Beaumont, Jefferson County, Texas, containing 1.0 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, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow an expansion of mini-warehouses in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 5440 Old Dowlen Road, being the S 239' of Lot 10, Block 6, Tr. 3, Rosedale Addition, City of Beaumont,Jefferson County, Texas, containing 1.0 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Jim Speed, his legal representatives, successors and assigns, subject to the following conditions: Install a 6' wide landscape strip with trees every 25' along the property frontage; and, �J Construct an 8' tall wood privacy fence on the south side ; and, �J Allow a modification of the required 10' wide landscape strip to 5' behind the existing building along the south side of the property. 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 15th day of July, 2003. - Mayor Evelyn M. Lord - 2 July 15,2003 Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department City of Beaumont Council Agenda It g em TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: July 15, 2003 AGENDA MEMO DATE: July 08, 2003 REQUESTED ACTION: Consider an Amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I and Grade II positions. RECOMMENDATION Council consideration of an amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I Positions from 198 to 199 and Grade II positions from 51 to 50. BACKGROUND As of March 31, 2003, Grade II Sergeant Lyle Amy retired. In keeping with the reorganization within the Police Department that began with the October 1997 collective bargaining agreement, a reduction of the Grade II position is needed. By reducing this position and increasing the Grade I position, this will accurately reflect the current organization of the Police Department as well as allow the utilization of the police specialist positions. BUDGETARYIMPACT The current annual pay for one Grade II Sergeant is $53,412. The annual pay for one Grade I Patrolman is $34,560 which is a positive budget impact of$18,852. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Chief of Police RECOMMENDED MOTION Accept/Deny the Amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I and Grade II positions. Beaumont Police Department Tom Scofield, Chief Office: (409)880-3801 • Fax: (409)880-3844 P.O. Box 3827 Beaumont, Texas 77704-3827 A IL www.beaumontpd.com IF July 8, 2003 Mr. Kyle Hayes City Manager P. O. Box 3827 Beaumont, TX 77704 Dear Mr. Hayes: As of March 31, 2003, Grade II Sergeant Lyle Amy retired. I am therefore requesting that the City Ordinance Section 21-75 be amended reducing the number of positions in the Grade II category by one from 51 to 50 and reallocating that position into the Grade I category increasing it from 198 to 199. This request is in keeping with the reorganization of the Police Department that began with the October 1997 contract and continues in the current collective bargaining agreement. Furthermore, it allows for the utilization of the police specialist positions. Below is a summary of the changes in proposed personnel allotments: Current: Proposed: Grade I 198 199 Grade II 51 50 Grade III 10 10 Grade IV 3 3 Deputy Chief 2 2 Total: 264 264 I will be glad to provide any additional information necessary. Sincerely, Tom Scofield Chief of Police r ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES TO AMEND THE GRADE I AND GRADE II POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Section 1. THAT Chapter 21, Section 21-75 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Section 21-75. Grades and Classifications - Police Department The following grades and classifications are hereby established within the Police Department. BE IT ORDAINED BY THE CITY OF BEAUMONT: Grade Classification Positions I Officers 199 II Sergeants 50 III Lieutenants 10 IV Captains 3 Deputy Chiefs 2 Total 264 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this i ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of July, 2003. - Mayor Evelyn M. Lord - i 3 July 15,2003 Consider approving the purchase of an excavator for use in the Clean Community Department City of Beaumont cie-i- Como Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 15, 2003 AGENDA MEMO DATE: July 3, 2003 REQUESTED ACTION: Council approval of the purchase of one(1)diesel powered excavator. RECOMMENDATION Administration recommends the award of a bid to Waukesha-Pearce Industries of Pt. Arthur, Texas for the purchase of one (1) Komatsu Model PC30OLC-7 excavator in the amount of$189,900 for the Clean Community Department, Landfill Division. BACKGROUND Four(4) companies submitted six(6)bids for furnishing one (1) diesel powered excavator with an operating weight of not less than 73,000 lbs. on Thursday, May 1, 2003. The unit will be issued to the Landfill for excavating earthen materials and burying solid waste. A request for a guaranteed buyback price at three(3) and five (5)years was included in the bid. A guaranteed buyback provides the City with a guaranteed repurchase price at a specified time subject to the unit's condition. The total life cycle cost of the equipment is reduced and new equipment can be purchased on a scheduled basis. Equipment used in a Landfill environment is subject to harsh working conditions. The average life of an excavator used in construction is twelve(12)to fifteen (15)years but an excavator's life used daily at a Landfill is reduced by 50%. Extensive repairs are normally required between the third and fifth year,thus the guaranteed repurchase price at three(3) years reduces its total life cycle cost. The buyback option is at the discretion of the City. The apparent low bid submitted by CLM Equipment for a Kobelco SK330LC does not meet specifications. The track width is less than the minimum specified. Romco Equipment Company submitted a bid for a Volvo EC330B. The unit meets specifications but Romco Equipment does not have a service facility within fifty(50)miles as specified. In addition,Romco stated that there would be a $50 transportation charge for service work performed at our site. Purchase of Excavator July 3, 2003 Page 2 The low bidder meeting all specifications and offering the most beneficial repurchase price is Waukesha-Pearce Industries of Pt. Arthur, Texas. The bid price of$189,900 includes a guaranteed repurchase price of$126,900 in three (3)years. The bids received are as follow: Vendor Model Bid Bid Price Repurchase Price 3 yr. 5 yr. CLM Equipment Kobelco SK330LC $185,000 NB NB CLM Equipment Kobelco SK330LC $257,500 $155,000 $133,000 Romco Equipment Co. Volvo EC330B $185,094 $64,783 $40,721 Waukesha-Pearce Komatsu PC300LC-7 $189,900 $126,900 NB Industries Romco Equipment Hitachi ZX 330 $221,862 $77,652 $48,810 Mustang Tractor& Caterpillar Md. 330CL $222,124 $116,187 $83,510 Equipment The new excavator will replace a 2000 Komatsu excavator scheduled for repurchase in July. This unit will be purchased by Waukesha-Pearce for a negotiated price of $132,379.70. The initial buyback price was$162,000. The negotiated price was the result of deductions for damages to the excavator. Warranty service will be provided by Waukesha-Pearce Industries located in Pt. Arthur. A twelve (12) month or 1,500 hour warranty is included. BUDGETARY IMPACT Funds for this expenditure are available in the Solid Waste Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Clean Community Director. RECOMMENDED ACTION Approve/Deny the award of a bid to Waukesha-Pearce Industries,Inc.in the amount of$189,900 for one(1)Komatsu PC300LC-7 excavator. 4 July 15,2003 Consider approving the purchase and installation of a raw sewage pump for use at the Water Reclamation Plant City of Beaumont .10 = K, Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 15, 2003 AGENDA MEMO DATE: July 1, 2003 REQUESTED ACTION: Council approval to award a bid for the purchase and installation of one (1) raw sewage pump for use in the Water Reclamation Plant. RECOMMENDATION Administration recommends award of a bid for the purchase and installation of one(1)raw sewage pump and motor in the amount of$170,654.50 to Placo, Inc. BACKGROUND The pump specified in the bid is a 20 million gallon per day (MGD) raw sewage pump, the largest component of the 55 MGD sewage pumping capacity at the plant. In addition to the 20 MGD pump; the plant pump station contains one (1) 15 MGD and two (2) 10 MGD pumps, each placed in service within the past five (5) years. The existing 20 MGD pump has been in service since 1952 and is in poor condition, requiring frequent maintenance and causing excessive pump down- time. Replacement of the 20 MGD pump is necessary to efficiently meet the treatment plant's design and regulatory capacity. Bid notices were provided to twelve (12) vendors, with two (2) responding with bids. The bids received are as follow: Vendor Manufacturer Completion Time Total Bid Annount Placo, Inc. Fairbanks Morse 238 calendar days $170,654.50 Beaumont, Texas Model C5741 Allco Inc. Fairbanks Morse 160 calendar days $186,350.00 Beaumont, Texas Model C5741 Purchase and Installation of One(1)Raw Sewage Pump July 1, 2003 Page 2 The pump carries a one (1) year parts and labor warranty. BUDGETARYIMPACT Funds are available for this expenditure in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Placo, Inc. in the amount of$170,654.50 for the purchase and installation of one (1) Fairbanks Morse C5741 raw sewage pump at the Water Reclamation Plant. 5 July 15,2003 Consider amending Section 13-16 of the Code of Ordinances to add a fee for medical record and billing searches City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: July 15, 2003 AGENDA MEMO DATE: July 9, 2003 REQUESTED ACTION:Consider an amendment to the existing health fees;Chapter 13,Sec. 13- 16;which would add a fee of$50.00 for a medical records and billing search and a fee of$5.00 for a notarized affidavit. RECOMMENDATION Administration recommends that Council approve adoption of the proposed fees. BACKGROUND E.M.S. staff is frequently required to respond to requests for official copies of medical records from attorneys and court reporting companies. Since there is no established fee for medical records, staff has been using the fees charged for open records. Currently, this is$10.00 for each record search, $2.50 for the notary, and an additional $.50 per page. The average charge for these documents is $13.00. Due to new H.I.P.A.A. regulations, more control over these records is required As a result, the amount of staff time involved in retrieving medical records has significantly increased. In addition, the total number of requests for these records has increased over the past six months.During the first six months of 2003, over 200 medical records searches have been performed. It is anticipated that by the end of this calendar year,E.M.S.will have processed approximately 400-500 requests. Each of these searches requires several hours of staff time to keep up with legal documents involved, search for records at cash management, invoice the records and have them notarized and mailed back to the requesting parties. At our current rate,we are not recovering our costs to provide these searches. The E.M.S. Manager has surveyed several private ambulance companies in the area that provide this same service. The average rate charged by private companies for a medical records search is$50.00 plus$5.00 for each notarized affidavit. Administration recommends that we add a medical records and billing search fee and a notary fee to the existing health fees to cover our costs. This fee would apply to all searches made for medical records managed by the department. BUDGETARY IMPACT. If the current trend for medical records requests continues,we anticipate an increase in revenues of approximately$15,800 per year. At this time, the department is unable to predict the subsequent impact of tort reform on these requests. PREVIOUS ACTION No previous action has been taken on this recommendation. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Health Director and E.M..S. Manager. RECOMMENDED MOTION Approve proposed amendment to existing ordinance adding health fees as presented. Chapter 13: See.13-16 Health Fees Amendment to Chapter 13; Sec. 13-16. Health fees to add the following new fees: Medical Records&billing search $50.00/search Notarized affidavit $5.00 1copy 6 July 15, 2003 Consider approving the purchase of a flashover survival training system for use at the Fire Training Grounds :Luej City of Beaumont Council Agenda Item 'a K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 15, 2003 AGENDA MEMO DATE: June 27, 2003 REQUESTED ACTION: Council approval to award a bid for the purchase of one(1)flashover survival training system. RECOMMENDATION Administration recommends award of a bid for the purchase of one (1) flashover survival training system to Phoenix Lease-All Ltd. of Ontario, Canada in the amount of$55,027. BACKGROUND Bids were requested for a flashover survival training system for use by the Fire Department Training Division. Flashover refers to the extremely rapid progression of a fire within a structure, and is a lethal threat for firefighters. The system allows firefighters to observe a flashover event in a controlled environment. This leads to greater recognition of the conditions present prior to a flashover occurrence and suppression techniques which can mitigate the risk. The system consists of a metal structure containing a bum room and an observation area. Trainees in the observation room are able to view a flashover demonstration which takes place in the adjoining burn room. The burn room is an approximately 8'x10'xl2'structure utilizing replaceable interior wall and ceiling linings which serve as fuel to create the flashover event. The observation room is approximately 8'x20'x8'and is set three(3)feet lower than the burn room to provide heat protection and to maximize visibility of the fire event. The structure must be appropriately constructed and insulated to withstand the extreme heat during use. The bids received are as follow: Purchase of One(1)Flashover Survival Training System June 27, 2003 Page 2 Vendor Delivery Time Total Amount Bid Swede Survival Systems, Inc. 45 days $30,495 Encinitas, California Eh nix Lease-All Ltd. 120 days $55,027 rio, Canada Fire Department personnel have determined the system proposed by the low bidder to be non- responsive to specifications primarily with regard to the following: ► Specifications require two vents, or hatches,in the top of the observation module to evacuate heat and smoke as required. This enhances trainee comfort and visibility, by lowering the temperature and removing smoke from trainee sight lines. The low bidder's unit contains one vent. ► The unit lacks the required radiant heat shield at the base of the burn room, which deflects the extreme heat upward,toward the vents in the top of the unit. The shield protects trainees and their associate bunker gear from excessive heat by reducing the temperature within the observation area. The higher operating temperature in the low bidder's unit could necessitate more frequent replacement of bunker gear,which has a current cost of approximately$1,200 per full suit. The vendor's suggested remedy is to use older bunker gear in the unit. The Texas Commission on Fire Protection (TCFP) will not allow training exercises in gear that has not been inspected and approved by the commission. ► The burn room is required to be lined with an inorganic, non-combustible hardboard composition of lime, calcium silicate and reinforcing fibers. This lining is a highly effective fire and heat insulator, and will extend the lifespan of the unit by protecting the outer shell from extreme heat. The low bidder's unit instead contains fiberglass insulation,covered by steel,which is less effective in insulating the exterior shell from heat. ► The floor of the burn room is required to be steel lined, topped with two inch (2") firebrick. The unit proposed by the low bidder is concrete paved with no firebrick layer. This will reduce the useful life of the burn module, as the bottom will prematurely burn out of the unit and require replacement. ► Specifications contained detailed dimensions for all metal to be used in the construction of the unit, which are intended to assure the integrity of the structure given the extreme temperature during operation. The low bidder is unable to provide detailed drawings and/or a materials list to indicate compliance with the specifications. Purchase of One(1)Flashover Survival Training System June 27,2003 Page 3 ► The unit is required to be sandblasted to bare metal before priming and painting, in order to maximize resistance to corrosion. The unit proposed by the low bidder does not include the required sandblasting process. Purchasing staff has conducted interviews with sources possessing experience in each of these units. The following are the most commonly offered opinions regarding the Phoenix unit's advantages. ► Instructor and trainee safety and comfort- the Phoenix operating temperature within the observation area is substantially lower than the Swede. This also significantly reduces wear and damage to trainees' bunker gear. ► Quality of construction - a number of sources have referred to the quality workmanship of the Phoenix unit,which should enhance the durability of the system. A Phoenix system installed in Point Pleasant,Kentucky in late 2001, shows no visible signs of wear, according to its fire training officer. ► Ease of use - The Phoenix unit utilizes a mechanical winch to lift and hold the replaceable wall and ceiling panels in place in preparation for each fire exercise. This negates the need for employees to lift overhead,and allows for quick setup of the unit between burns. The Swede unit requires manual loading and employees must lift above their waist extensively. The Fire Department purchased a Swede flashover training unit in 1991,which was used until 2001, at which time it had deteriorated to a point that refurbishment was not feasible. BUDGETARY IMPACT Funds for this purchase are provided in the following manner: a Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant will fund 70% of the total bid amount, or $38,518.90; and donations to the Fire Training Facility from Lamar University and Lamar Institute of Technology will cover the balance. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Fire Chief and Central Services Director. Purchase of One(1)Flashover Survival Training System June 27,2003 Page 4 RECOMMENDED MOTION Approve/Deny accepting a bid from Phoenix Lease-All Ltd. for the purchase of one (1) flashover survival training system in the amount of$55,027. i 7 July 15,2003 Consider amending Ordinance No. 03-004 relating to the structure located at 3136 Hollywood i ••..•• City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: John Labrie, Clean Community Department Directo MEETING DATE: July 15, 2003 AGENDA MEMO DATE: July 08, 2003 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 03-004 relating to the structure located at 3136 Hollywood. RECOMMENDATION At the request of Councilperson Bobbie Patterson, Administration recommends that the condemnation order for the structure located at 3136 Hollywood be reconsidered by Council to allow the property owner to rehabilitate it. BACKGROUND This structure was brought before City Council on January 21, 2003 with staff's recommendation of a raze or repair order. The property owner was given 120 days to complete the repairs on this structure. On June 11, 2003, final notification was mailed to the owner for non-compliance with City Council's order. BUDGETARY IMPACT City may incur the cost of demolition if the structure is not rehabilitated. PREVIOUS ACTION The Administration recommended and Council approved a raze or repair order for this structure on January 21, 2003. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the owner in a new work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the amendment of Ordinance 03-004 to allow the property owner to enter a work program to rehabilitate 3136 Hollywood. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 03-004 TO REMOVE THE STRUCTURE LOCATED AT 3136 HOLLYWOOD FROM SECTION 3 OF ORDINANCE NO. 03- 004 AND ORDERING THE OWNER OF THE STRUCTURE AT 3136 HOLLYWOOD TO ENTER INTO A WORK PROGRAM TO REHABILITATE SAID STRUCTURE; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance No. 03-004, Section 3, be and the same is hereby amended by removing the structure located at 3136 Hollywood from Section 3. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the building located at 3136 Hollywood enter into a work program for the repair and/or demolition of said property within ten (10) days of the effective date of this ordinance. Should the owner(s) either fail or refuse to enter into a work program or fail or refuse to renovate and/or demolish the structure, the structure is hereby ordered to be demolished and removed by the City of Beaumont on the account of the owner(s) thereof without further notice to the owner(s). 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 i 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 any person who violated 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 15th day of July, 2003. - Mayor Evelyn M. Lord - i I UBI STN ' BUILDING NG NSPECI&N REPORT CLEAN COMMUNITY 15. CITY OF BEAUMONT DATE REQUESTED January , 2003 WARD 4 ADDRESS OF INSPECTION 3136 Hollywood ACCOUNT NO. 29900-1000-7 CENSUS TRACT 14 OWNER Mary Howard ADDRESS 3125 Hollywood St. CITY/STATE (01)-3922 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat E 84' Lot 19 Land Value 3280 Block or Tract I Improvement Value 950 Addition/Survey Hollywood Total Value 4230 A. Fifty (50) percent deterioration of non-supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D' Enrolled in Work Repair!Prugrn YES X NO H-29 thru 03-29-00 E. Initial Inspection Date August 6. 1999 034402 thru 07-14-02 F. TAXES ARE UUE IN TEIE AIYI(JI1NT OF$122.60. ND SII1tT FILED; Eatend..ed untif10�05=02 MAJOR CODE VIOLATIONS: This structure's roof has new shingles, All damaged and rotten windows and window sills will be needed Some window are missing. The exterior doors are damaged and missing_ A wood stove in the structure was not properly installed and the ceiling is burnt There is extensive deterioration to the foundation The foundation has bad sills and is sagging The interior flooring ceilings and walls are damaged and will need repair. There is no wall covering; All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this tructure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this tructure SEE ATTACHED PHOTOS y ,• a s, 'lY "-� I 1 � r , a , 33 I 1 �N s ate,' `� trams '.—e — e_f o 1 f_ i I r I r wo %od 777774F:.. � d I M n , ry 4 s ' I Q144w , City ®f Bmumont REGULAR MEETING OF THE CITY COUNCIL. COUNCIL CHAMBERS JULY 15, 2003 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Steve McGrade would be appointed to the Parks and Recreation Advisory Commission. The term would commence July 15, 2003 and expire July 14, 2005. (Councilmember Becky Ames) Lonnie Hood would be reappointed to the Airport Advisory Committee: His current term would expire July 5,2005. (Councilmember Andrew P. Cokinos) Dora Nisby would be reappointed to the Community Development Advisory Committee. Her current term would expire July 5, 2005. (Councilmember Andrew P. Cokinos) Annella Metoyer would be reappointed to the Community Development Advisory Committee. Her current term would expire May 21, 2005. (Councilmember Lulu Smith) A) Authorize the City Attorney or his designee to file and prosecute a lawsuit against Matthew Davis, Sr. & Dolores Davis dba Youth Rescue Mission to terminate an alleged zoning violation at 1930 Franklin Street in Beaumont,Texas B) Accept the Curb Ramp Installation Project and authorize a final payment to Brystar Contracting, Inc. C) Adopt a resolution supporting Stone Way Limited Partnership's efforts to receive a 2004 Forward Commitment Allocation from the Texas Department of Housing and Community Affairs D) Adopt a resolution supporting the Environmental Protection Agency's (EPA)Option 2 regarding ozone nonattainment classification for the Beaumont/Port Arthur/Orange(BPA) area E) Authorize the acceptance of a water line easement providing access for fire prevention services F) Authorize the City Manager to execute the Form D-15-24PP,the Utility Joint Use Agreement for the City of Beaumont Water Utilities Department on the FM 364 Major Drive Improvement Project G) Authorize a payment to reimburse Huntsman Pipeline Company for the adjustment of their facilities on FM364/Major Drive H) Authorize the City Manager to enter into a contract with Texas Department of Transportation (TxDOT)to construct railroad crossing improvements at the Burlington Northern Santa Fe (BNSF)railroad crossing on College Street, west of 4'Street i A AN City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, First Assistant City Attorney MEETING DATE: July 15, 2003 AGENDA MEMO DATE: July 9, 2003 REQUESTED ACTION: Consider a resolution authorizing the City Attorney or his designee to file and prosecute a lawsuit against Matthew Davis, Sr. &Dolores Davis dba Youth Rescue Mission to terminate an alleged zoning violation at 1930 Franklin Street in Beaumont, Texas. RECOMMENDATION Council approval of a resolution authorizing the City Attorney or his designee to file a lawsuit against Matthew Davis, Sr. & Dolores Davis dba Youth Rescue Mission to terminate an alleged zoning violation at 1930 Franklin Street in Beaumont, Texas. BACKGROUND On May 20, 2003,the City Council revoked the specific use permit which allowed Matthew Davis, Sr. and Dolores Davis to operate a residential care facility. An investigation conducted subsequent to the revocation indicates that the Davis' have continued to operate the facility in violation of the zoning ordinances of the City of Beaumont, Texas. BUDGETARY IMPACT No significant impact. PREVIOUS ACTION Ordinance No. 03-042 revoking a specific use permit to allow the operation of a residential care facility at 1930 Franklin Street in the City of Beaumont, Texas. i SUBSEQUENT ACTION No known subsequent action. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny Council a resolution authorizing the City Attorney or his designee to file a lawsuit against Matthew Davis, Sr. & Dolores Davis dba Youth Rescue Mission for an alleged zoning violation at 1930 Franklin Street in Beaumont, Texas. I I City of Beaumont � Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 15, 2003 AGENDA MEMO DATE: July 8, 2003 REQUESTED ACTION: Council consider a resolution to accept the Curb Ramp Installation Project and authorize Final Payment in the amount of$13,680.22 to Brystar Contracting, Inc. RECOMMENDATION Administration recommends acceptance of the Project and authorize Final Payment in the amount of$13,680.22. BACKGROUND On December 10, 2002, the City Council awarded Brystar Contracting, Inc. the contract for the Curb Ramp Installation Project for an amount of $130,730.00. During performance of the construction, the City has authorized additional work in the amount of$9,076.50 increasing the contract amount to $139,806.50. Change Order No. 1 and No. 2 reflects the additional work. The MBE participation in the performance of the contract totals $13,798.00 representing 10.6% of the final contract amount. A copy of Schedule C identifying the MBE participation is attached. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set out in the contract. BUDGETARY IMPACT None. PREVIOUS ACTION None. i SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution accepting the Curb Ramp Installation Project and authorize Final Payment in the amount of$13,680.22 to Brystar Contracting, Inc. Curbrampfinal July 8,2003 CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE C) Date of Report Department — Project No. Location BEAUMONT, TEXAS Percent Complete _ f STAR CONTRACTING, INC Total Contract Amount S 130,730.00 of Prime Contractor/Proposer 1 .. ,:' a -....� F s '.:* 'rY r. ��t i�a}..; �„- 7K .S. !�.•ry. .....,';�-.+�,.?�;,'”c I: t.. .r'F, t... .1,'r. i. -.: 4f;t 'r :q: ili.. t . i.:. .. :G'� ... .. ,. f i.:., J {' • F:..l t # _- i y k, r PE NSF�'Nb12K:.ELEC'P,BIAt PAVING ETC\ PRO,iECTED a.r>�..__ -... _!zk :L : NAME 0I �(INORITYs u rtt: : 1�(p _ N�RAC7'IT1uM5=0R Pl1tT THE[tEU> .GCIINMENMENT&' AGREED t._.?..l t :'}u.` �w t ,:-. :..:,.�?!,f„. S: �:: ,,..._.,. .n:.. :'�:.s ru 1 ..:z r '� CONTRAG I OR i y, { '�"' �AUDRESS ” , Fx r '�� 7`�t.BE PEIFORIVIETSnF, ` ' # C014�PL,ETit1•N D ►TE 2"N ?, PRiCE K. TEXAS PRECAST PO MT , TEXAS277704 MATERIAL SUPPLIER $10,014.00 KAS MECHANICAL PO BOX: 7523 ECIALTY, INC BMT, TEXAS 77706 MATERIAL SUPPLIER 1,953.00 13465 ALASKAN DR. IOU BARRICADE BMT TEXAS 77705 TRAFFIC CONTROL $1,831.00 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. 1. Any business listed above must have Schedule A on file with the City. ?. Schedule C is to be included with bid,and resubmitted at 50%and 100%of project completion. 64"'" Signature BRYAN PHELPS PRESIDENT 'title 30 WAVE Firm SchedC.0201-G; CITY OF BEAUMONT ESTIMATE Page 1 of 1 PROJECT: INSTALLATION OF CURB RAMPS PROJECTS CONTRACT AMOUNT:$139,806.50, W/C.O.'s#1&#2 PERCENT OF TIME USED:94% CONTRACTOR: BRYSTAR CONTRACTING CONTRACT DATE: JANUARY 8 2003 PERCENT OF WORK COMPLETE: 100 MONTHLY ESTIMATE NO.:5-FINAL PAYMENT CONTRACT CALENDAR DAYS: 120 PERIOD ENDING:JUNE 30 2003 ICALENDAR DAYS USED: 113 ITEM DESG UNIT EST. WORK DONE.:: WqW DONE TOTAL,WORK UNIT O OD D RI ON U E UAN. E HIS S TO DA E C O CURB RAMP A EA 25 0.00 0.00 13.00 $1,750.00000 $22,750.00 CURB RAMP B EA 38 0.00 0.00 39.00 $1,760.00000 $68,640.00 AT-GRADE CROSSING S.F. 150 0.00 0.00 203.00 $22.50000 $4,567.50 ADDITIONAL CONCRETE A&B S.F. 100 0.00 0.00 116.00 $21.00000 $2,436.00 TRAFFIC CONTROL EA 65 0.00 0.001 52.00 $225.00000 $11,700.00 FLOAT-IN DRY PIGMENT RED EA 65 0.00 0.00 50.00 $42.10000 $2,105.00 SIDEWALK S.F. 3944 0.00 0.00 3,944.00 $7.00000 $27,608.00 PREPARED BY H,P CT MANAGER TOTAL AMOUNT OF WORK DONE: $ $139,806.50 LESS 5%RETAINAGE:FINAL $ $0.00 CHECKED BY: ENGINEERING TECH. DIFFERENCE: $ $139,806.50 LESS SPECIAL REDUCTION:INSPECTORS OT $ $285.02 APPROVED BY: JORIS P.COLBERT,CITY ENGINEER LESS LIQUIDATED DAMAGES: $ $0.00 LESS PREVIOUS PAYMENTS: $ $125,841.26 TOM WARNER,DIRECTOR OF PUBLIC WORKS AMOUNT DUE THIS ESTIMATE: $ $13,680.22 -.- tl7ej-j City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 15, 2003 AGENDA MEMO DATE: July 7, 2003 REQUESTED ACTION: Council consider a resolution supporting Stone Way Limited Partnership's efforts to receive a 2004 Forward Commitment Allocation from the Texas Department of Housing and Community Affairs RECOMMENDATION The Administration recommends approval of a resolution supporting Stone Way Limited Partnership's efforts to receive a 2004 Forward Commitment Allocation from the Texas Department of Housing and Community Affairs. BACKGROUND Stone Way Limited Partnership is seeking low income housing tax credits for a townhome development it proposes to build at 1650 East Lucas Dr. The development will encompass 27 acres and will be comprised of a community center, residential activity areas and 144 townhome units. Stone Way Limited Partnership has received a score of 100,the highest score granted in the Texas Department of Housing and Community Affairs' 2003 tax credit round for Region 5. By passing this resolution, the City of Beaumont is showing its support for Stone Way Limited Partnership's application for low income housing tax credits and its effort to bring affordable housing to the City. BUDGETARYIMPACT None. PREVIOUS ACTION None SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a resolution supporting Stone Way Limited Partnership's efforts to receive a 2004 Forward Commitment Allocation from the Texas Department of Housing and Community Affairs. 06127/2003 10:29 5122499095 TEJAS PAGE 03 RESOLUTION NO. 2003- RESOLUTION IN SUPPORT OF STONE HEARST TOWNHOMES WHEREAS, Stone Way Limited Partnership,proposes to build. Stone Hearst Townhomes on.approximately 27 acres located at 1650 East Lucas Drive,Beaumont, Texas,and. WHEREAS,Stone Hearst Towiilionlcs will be comprised of a community center building containing on-site management offices. residential activity areas„ as well,as 144 townholne units; mid WIJER>EAS, Stone Hearst Townh.oines will consist of two and three bedroom. units,which will be beneficial to families in.Beaumont; and WHEREAS, Stone Hearst Towvnhonaes received the highest score of 100, in the Texas Department of Housing& Community Affairs' 2003 tax credit round for Region 5. WHEREAS, Because of Texas Department of Housing&Community Affairs' high Score issued to Stole Hruist Townhomcs and the strong demand for n'fnrdahle housing in our city,this development should be awarded its tax credits. NOW,THEREFORE,BE IT RESOLVED BY THE CI'T'Y COUNCIL OF THE CITY OF BEAUMONT-. That the City Council finds that R. J. Collins and.Stone Way Limited Partnership have the historical experience in,developing high quality affordable comrn.uziities for our city. That the City Council.supports the efforts of Stone:Hearst Townhomes, and especially its application to the Texas Department of 14ousiiig and Community Affairs for Low Income Housing Tax Credits. APPROVED AND ADOPTED by the City Council of the City of Beaumont held on this day of 20 Evelyn.M. Lord, Mayor ATTEST: D CILIM City of Beaumont Council A enda Item� TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 15, 2003 AGENDA MEMO DATE: July 7, 2003 REQUESTED ACTION: Council consider a resolution supporting the Environmental Protection Agency's(EPA)Option 2 regarding ozone nonattainment classification for the Beaumont/Port Arthur/Orange(BPA) area RECOMMENDATION The Administration recommends approval of a resolution supporting the Environmental Protection Agency's (EPA) Option 2 regarding ozone nonattainment classification for the Beaumont/Port Arthur/Orange(BPA)area. BACKGROUND The South East Texas Regional Planning Commission (SETRPC) is requesting the City of Beaumont's assistance in urging the EPA to adopt the option that will have the least adverse impact on B A's future and economic growth regarding their proposal to reclassify BPA for the 1-hour ozone standard. EPA's approval of the BPA 1-hour attainment demonstration plan,which was granted in May,2001, was vvicatd by the U.S. 5'h Circuit Court of Appeals in December,2002. The EPA has proposed two optioi is, to reclassify the BPA area as a"serious"or"severe nonattainment"area. The S ETRPC needs the help of Beaumont to encourage the EPA to move forward with Option 2 and reclassify the BPA as a 1-hour ozone nonattainment areas with an attainment date of November 15, 2005. All af ected entities have until July 21, 2003 to submit comments to the EPA. i BUDGETARYIMPACT None. PREVIOUS ACTION None SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a resolution supporting the Environmental Protection Agency's (EPA) Option 2 regarding ozone nonattainment classification for the Beaumont/Port Arthur/Orange(BPA)area. a A RESOLUTION OF THE [COUNTY/CITYIENTITY] IN SUPPORT OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S PROPOSAL OPTION 2 TO RECLASSIFY THE BEAUMONT/PORT ARTHUR/ORANGE OZONE NONATTAINMENT AREA TO A SERIOUS 1-HOUR OZONE NONATTAINMENT AREA AND NOT A SEVERE CLASSIFICATION WHEREAS,the Beaumont/Port Arthur/Orange(BPA)area does not meet the National Ambient Air Quality Standard for ozone and is currently classified as a moderate ozone nonattainment area by the United States Environmental Protection Agency(EPA), and; WHEREAS, due to the extensive emission reduction activities implemented in Southeast Texas since 1972,there is a clear,downward trend in ambient ozone measurements that indicate sustainable progress toward attaining the ozone standards,and; WHEREAS,the Texas Commission on Environmental Quality(TCEQ),with support and encouragement by the Southeast Texas Regional Planning Commission and local elected officials, has demonstrated that ozone causing pollutants are transported into BPA from a significant upwind source,the Houston/Galveston (HGA)area, and; WHEREAS, pollutants transported into BPA from HGA,which are not local emissions and cannot be locally controlled, prohibit BPA from reaching attainment until the HGA area does so, and; WHEREAS, approximately 85%of the monitored ozone exceedances in the BPA area over the past six years have potential influence from non-local emissions, and; WHEREAS, Southeast Texas would be in attainment with the 1-hour ozone standard if the area was not impacted by non-local emissions, and based solely on local emissions, and; WHEREAS, EPA's approval of TCEQ's clean air plan for BPA was remanded by the U.S. Court of Appeals—Fifth Circuit in December 2002 based on matters of law and not because the scientific basis for the plan or the attainment date extension was disproved. NOW,THEREFORE, BE IT HEREBY RESOLVED: That the[COUNTY/CITY/ENTITY]strongly urges: First,the U.S. Environmental Protection Agency should exercise Option 2 in their proposal to reclassify the BPA area a serious 1-hour ozone nonattainment area with an attainment date of November 15,2005; Second,the U.S. Environmental Protection Agency should be commended for attempting to use sound science and common sense in extending the attainment date of the BPA area without a bump-up in 2000; Third,That we support protective national ambient air quality standards and policies that are balanced and justified on sound-science principles in such a manner as not to discourage the continued economic growth and development of Southeast Texas,while reaching the ultimate goal of attaining the bzone standard; INTRODUCED AND ADOPTED BY THE [COUNTY/CITY/COUNTY]on this day of 2003. i E City of Beaumont ~ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 15, 2003 AGENDA MEMO DATE: July 7, 2003 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a water line easement providing access for fire prevention services. RECOMMENDATION Starship Dowlen, L. P. has agreed to convey a ten foot (10') wide water line easement to the City of Beaumont. The easement is described as being a 0.9129 acre tract out of the Charles Williams Survey, Abstract 59, and is located across Starship Dowlen property serving Access Storage facilities at 375 Bryon(sometimes called Byron and formerly called Long) Street. This easement will provide mandatory access for fire prevention services. 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 property 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. i RECOMMENDED MOTION Approve/Deny a resolution authorizing the acceptance of a water line easement providing access for fire prevention services. fire_access-storage-ib.wpd July 7,2003 EXHIBIT "A" SUBJECT 10' WATER LINE SHIRE w EASEMENT SARATOGA LEXINGTON HALLTDAY E�1J� P DER E OF JACKSON z �9 G HE OAK o w PRUTZMAN TZMAN y W CHELSEA ¢ W LONG 0103D ¢ WICKERSHAM � > _ z 0W W 0.9129 ACRE OUT OF a Q W AYSI H SE AOrT v w L WORT E CHARLES WILLIAMS a F� ¢ Z A o �Z = MEAD W WA SURVEY ABSTRACT 59 u CARK w A f �� ¢ AISOUSH6RN 3 FOREST PARK � CK J J z J ? 3 W WOOD u ° COLL (375 BYRON STREET) La J W RIGH ON z o w i OWNER: ¢ o u STARSHIP DOWLEN, L.P. w z ¢ a w K f E L❑CATI❑N MAP LEGEND N.T.S, SUBJECT PROPERTY BYR❑N (L❑ND STREET ARBED wiR FENCE CHAINLINK FENCE L—1 am 3 J� � N U Z W G,Z. hN Z W U W NO 4 W W �J o W v Z cy NOW OR FORMERLY w y 13oo-u Nw 3 STARSHIP DOWLEN, L.P. v CLERKS FILE NG. 2002035559 J H jd'N WW O.P.R.R.P.J.C. ¢ S LL o o u N a 4.184 ACRES u V)y J N 3 Z¢w u� 4a U ^^'' W `C K Q BARBED AND HI1G WIRE FENCE D W L E N R A D N.T.S, i City of Beau mont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 15, 2003 AGENDA MEMO DATE: June 30, 2003 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute the Form D-15-24PR, the Utility Joint Use Agreement for the City of Beaumont Water Utilities Department on the FM 364 Major Drive Improvement Project. RECOMMENDATION Administration recommends the City Manager be authorized to execute Form D-15-24PR. BACKGROUND In order for the City of Beaumont to retain prior easement rights, making any future utility adjustment costs incurred by the City reimbursable,the TxDot Form D-15-24PR must be executed by all parties involved. BUDGETARY IMPACT None. PREVIOUS ACTION The City of Beaumont, in cooperation with the Texas Department of Transportation, previously executed an agreement to make improvements to FM 364/Major Drive from Humble Road to I-10 (Resolution # 02-232) through TxDOT Form U-43, the Three Party Agreement. In addition, through Resolution#02-233, agreements were signed allowing the Water Utilities Department to be reimbursed for the relocation of the water main along FM 364/Major Drive. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. i RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to execute the Form D-15-24PR, the Utility Joint Use Agreement for the City of Beaumont Water Utilities Department on the FM 364 Major Drive Improvement Project. Wo_j oint-use-agreement-ib.wpd June 30,2003 Texas Department of Transportation Form D-15-24PR Page 1 of 2 Rev. 06194 Utility Joint Use Agreement (Non-Controlled Access Highway) Agreement No. U1-4023 THE STATE OF TEXAS County JEFFERSON Federal Project No. DPR 0057 001 CouNTy OF JEFFERSON CS3 0786-01-064 ROW Account No. 9120-00-001 Highway No. FM '�64 Limits FROM: HUMBLE ROAD TC1- gE 12a WEMMS, the State of Texas, hereinafter called the State, acting by and through the Texas Department of Transportation, proposes to make certain highway improvements on that section of the above indicated highway; and WMMWW, the CITY OF BEAUMONT , hereinafter called the owner, purposes to relocate certain of its facilities on, along or across, and within or over such limits of the highway right of way as indicated on the plans attached to Standard. Utility Agreement as executed by Owner on the 17 day of OCTOBER 1-99 200; or on location sketches attached hereto except as provided below; NOW TSBREFORE, it is hereby mutually agreed that joint use for both highway and utility purposes will be made of the area within the right of way limits as such area is defined and to the extent indicated on the aforementioned. plans or sketches. Where owner by reason of ownership within the area described above of an easement or fee title or otherwise under the law has the right to alter, modify or add to facilities presently located within the area described or construct additional facilities therein, such right is hereby retained, provided, however, if existing facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the Texas Department of Transportation prior thereto, to furnish necessary sketches showing location, type of construction and methods to be used for protection of traffic, and if, in the opinion of the Texas Department of Transportation, such alteration, modification or new construction will injure the highway or endanger the traveling public using said highway, the Texas Department of Transportation shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; provided further, however, that such regulations shall not extend to the requiring of the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, either party hereto may at their own responsibility and risk make necessary emergency repairs, notifying the other party hereto of this action as soon as is practical. Participation in actual costs incurred by the owner for any future adjustment, removal or relocation of utility facilities required by highway construction shall be in accordance with this agreement and to the extent possible under applicable laws of the State of Texas. Except as expressly provided herein, (1) the owners rights of access to the through-traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public, and (2) the Owner and the State, by execution of this agreement, do not waive or relinquish any right which they may have under the law or Constitution, State or Federal. Texas Department of Transportation Form D-15-24PR Page 2 of 2 Rev. 06/94 This Agreement is executed by owner subject to the specific condition that owner is not relinquishing any of its prior rights which are referred to on the attached Affidavit (TxDOT Form D-15-U1) concerning this project and with the understanding that, insofar as the State is affected, such prior rights are valid at the new location as indicated on the aforementioned plans or sketches insofar only as such new location is within the limits of the project referred to hereinabove. In the event the owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. IN wITNEss wSERSOF, the parties hereto have affixed their signatures. Owner CITY OF BEAUMONT EXECUTION RECOMMENDED By: District Engineer,Texas Department of Transportation Title: CITY MANAGER Date: TEZ STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation commission. By: Director of Right of Way Texas Department of Transportation Date: I G City of Beaumont IL�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 15, 2003 AGENDA MEMO DATE: June 30, 2003 REQUESTED ACTION: Council approve a resolution authorizing the expenditure of $25,719.87 to reimburse Huntsman Pipeline Company for the adjustment of their facilities on FM364/Major Drive. RECOMMENDATION Administration recommends reimbursement. BACKGROUND A Three Party Utility Agreement, as executed between the City of Beaumont, the Texas Department of Transportation and Huntsman Pipeline Company, was given Council approval by Resolution No. 02-224, dated October 1, 2002. The total eligible cost for the adjustment of the pipeline facilities is $25,719.87, which is the amount owed to the utility company by the City of Beaumont. Subsequent to the City's reimbursement, the Texas Department of Transportation will reimburse the City of Beaumont 80% of the total cost, which is $20,575.90. That is a net cost of $5,143.97 to the City. BUDGETARYIMPACT $5,143.97 net cost to the City. PREVIOUS ACTION A Three Party Utility Agreement, as executed between the City of Beaumont, the Texas Department of Transportation and Huntsman Pipeline Company, was given Council approval by Resolution No. 02-224, dated October 1, 2002. SUBSEQUENT ACTION The Texas Department of Transportation will reimburse the City of Beaumont 80% of the total cost, which is $20,575.90. That is a net cost of$5,143.97 to the City. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution authorizing the expenditure of $25,719.87 to reimburse Huntsman Pipeline Company for the adjustment of their facilities on FM364/Major Drive. \huntsman_reimbursement-ib.wpd June 30,2003 Texas Department of Transportation June 26, 2003 Huntsman Pipeline Ul-4031 Jefferson County CSJ 0786-01-064 9120-00-01 Hwy.: FM 364 from SH 124 to SH 105 Mr. Ronnie Pullin Real Property Coordinator City of Beaumont P.O. Box 3827 Beaumont, Texas 77704-3827 Dear Mr. Pullin: Reference is made to the submission for the above captioned utility adjustment which was forwarded to our office. It has been determined that the upper limit of State cost participation is $25,719.87. The State will reimburse the City of Beaumont 80% of this amount when the utility company has been reimbursed by the City, and the State is properly billed in accordance with Section 21.08 of the Utility Manual. Enclosed for your signature are two copies of the Tabulation of Utility Adjustments form, showing a requested reimbursement amount of$20,575.90. Please provide a copy of the check to the utility company when these forms are returned to our office. If you need additional information, please contact Wayne David at 409-898-5770. Sincerely, Lynwood Walters D C C TY 7-REIUVONT INEERI;' '.'C, D District ROW Administrator a\`l WD Encl. JUN 3 v =;:V An Equal Opportunity Employer F TABULATION OF UTILITY ADJUSTMENTS DATE June 27, 2003 COUNTY OF JEFFERSON, TEXAS PROJECT 0786-01-064 HIGHWAY FM 364 UTILITY AMOUNT OF FIRM COMMITMENT AMOUNT OF UTILITY AGREEMENT FINAL OR NET COST TO REQUESTED COMPANY NUMBER BILLING COUNTY/CITY REIMBURSEMENT Huntsman U1-4031 $25,719.4,57 $5,143.97 $20,575.90 Pipeline Company CERTIFICATION I hereby certify that the above utility adjustments) were made in full accordance with the provisions of the Contractual Agreement for Right of Way Procurement between the City of Beaumont and the State of Texas and the amounts) shown herein under "Firm Commitment or Net Cost to County" were accordingly paid to the utility company(ies) and documentary evidence to this effect is contained in the City records. Authorized City Representative Date H V^W City of Beaumont e Council Agenda Item IL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: July 15, 2003 AGENDA MEMO DATE: July 8, 2003 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into a contract with the Texas Department of Transportation (TxDOT) to construct railroad crossing improvements at the Burlington Northern Santa Fe (BNSF) railroad crossing on College Street, west of 4`h Street. RECOMMENDATION Administration recommends authorizing the City Manager to enter into a contract with TxDOT to construct railroad crossing safety improvements at the BNSF railroad crossing on College Street, west of 4`h Street. BACKGROUND Staff initially met with TxDOT and BNSF representatives in 1997 to discuss the feasibility of installing railroad crossing improvements at the BNSF crossing on College Street. Due to the skewed angle in which the tracks intersect the roadway, the installation of islands (within the roadway) is now required so that railroad crossing warning devices can be installed without exceeding maximum arm lengths. A representative of TxDOT advised that newly adopted standards allow railroad crossing arms to be a maximum of 24 feet in length. The proposed plans for improvement indicate that the city is responsible for the installation of concrete traffic islands, relocation of a portion of sidewalk and closure of a driveway. These improvements are estimated to cost approximately $10,000. BUDGETARY IMPACT $10,000 PREVIOUS ACTION None. i SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to enter into a contract with TxDOT to construct railroad crossing improvements at the BNSF railroad crossing on College Street, west of 4`' Street. BNSF0703.wpd