HomeMy WebLinkAboutPACKET FEB 21 2006 UO
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 21,2006 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Traci Colbert would be appointed to the Martin Luther King, Jr. Parkway Commission. The term
would commence February 21, 2006 and expire February 20, 2008. (Councilmember Becky
Ames)
A) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in Wmdemere Subdivison, Section Two
B) Authorize the City Manager to apply for and receive funding through the Byrne Memorial
Justice Assistance Grant program and to execute an inter-local agreement with Jefferson
County, Texas in order to reallocate Justice Assistance Grant funds to Jefferson County,
Texas
C) Authorize the City Manager to decrease the Sanitary Sewer Improvements Rehabilitation
of the Florida Street Lift Station Project amount by adjusting the scope of work
•
A
. City of Beaumont
�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: February 21, 2006
AGENDA MEMO DATE: February 10, 2006
REQUESTED ACTION: Council consider a resolution accepting maintenance of the street,
storm sewer, water and sanitary sewer improvements in Windemere
Subdivision, Section Two.
RECOMMENDATION
Administration recommends approval of the following:
North Windemere Drive from the existing North Windemere Drive dead end
approximately 1,174 linear feet east to the 3-OM-4P end of roadway markers.
Also, recommended for approval are the water and sanitary improvements for Lots 1-16, Block
8 and Lots 1-15, Block 9.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection from all entities
involved on November 08, 2005.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director.
RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, water and sanitary sewer
improvements constructed in the Windemere Subdivision have been completed as follows:
Street and Storm Sewer Improvements
North Windemere Drive from the existing North Windmere Drive deadend
approximately 1,174 linear feet east to the 3-OM-4P end of roadway
markers.
Water and Sanitary Sewer Improvements
® Lots 1-16, Block 8
® Lots 1 - 15, Block 9
WHEREAS, the developers of said street desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department
recommends that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the above-referenced street, storm sewer, water and sanitary sewer improvements
in the Windmere Subdivision, Section Two, with the exception of streetlights, are hereby
accepted by the City of Beaumont and shall be continuously maintained by the City
contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way
and easements required on the prelimina ry and final plats and installation of the
streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
February, 2006.
- Mayor Guy N. Goodson -
B
CUECity of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: February 21, 2006
AGENDA MEMO DATE: February 15, 2006
REQUESTED ACTION The City Council authorize the City Manager to apply for
and receive funding in the amount of$ 75,724 through the
Byrne Memorial Justice Assistance Grant program and to
execute an inter-local agreement with Jefferson County,
Texas in order to reallocate Justice Assistance Grant funds
to Jefferson County, Texas in the amount of$11,358.
RECOMMENDATION
The City Council authorize the City Manager to apply for and receive funding in the amount of
$75,724 through the Byrne Memorial Justice Assistance Grant program and to execute an inter-
local agreement with Jefferson County, Texas in order to reallocate Justice Assistance Grant
funds to Jefferson County, Texas in the amount of$11,358.
BACKGROUND
The Local Law Enforcement Block Grant has been replaced by the Byrne Memorial Justice
Assistance Grant program. Due to Jefferson County being designated a disparate jurisdiction by
the Department of Justice, a joint application must be filed and the agencies must agree to funding
allocations prior to application for funding.
BUDGETARY IMPACT
An additional $ 64,366 for law enforcement equipment and programs. Replaces funding usually
received through the Local Law Enforcement Block Grant program.
PREVIOUS ACTION
0 None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Frank C. Coffin, Jr., Chief of Police
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive funding
in the amount of$75,724 through the Byrne Memorial Justice Assistance Grant program.
BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized
to execute an inter-local agreement with Jefferson County, Texas in order to reallocate
Justice Assistance Grant funds to Jefferson County, Texas in the amount of$11,358.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
February, 2006.
- Mayor Guy N. Goodson -
fBeaumont
'U City o
� c
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Hani J. Tohme,Water Utilities Director
MEETING DATE: February 21, 2006
AGENDA MEMO DATE: February 15,2006
REQUESTED ACTION: Council approval ofa resolution authorizing the City Manager to decrease
the Sanitary Sewer Improvements Rehabilitation of the Florida Street Lift
Station Project amount by adjusting the scope of work.
RECOMMENDATION
Administration recommends approval of decreasing the Sanitary Sewer Improvements Rehabilitation ofthe
Florida Street Lift Station Project amount by$76,340.19.The proposed changes to the original contract will
delete the sanitary sewer force main aerial crossing, delete the installation of an 8 foot chain link fence,
delete the removal and replacement of 3 sanitary sewer manholes, delete the installation of 46 linear feet
of a 27 inch SDR-35 sewer line,delete the installation of 6 linear feet of a 27 inch SDR-35 sanitary sewer
line, delete the installation of 55 linear feet of a 16 inch C905 PVC sanitary sewer force main,delete the
abandonment of a 27 inch sanitary sewer line, delete the abandonment of a 16 inch sanitary sewer force
main, delete the abandonment of a 10 inch sanitary sewer line,and add the installation of 20 linear feet of
a 10 inch SDR-26 sanitary sewer line,miscellaneous plugging,by-pass pumping and tie-ins.The proposed
change order will decrease the total contract amount by 14.11%.
BACKGROUND
The Sanitary Sewer Improvements Rehabilitation of the Florida Street Lift Station Project will convert the
existing dry pit into a submersible wet well, demolish the existing wet well, construct new reinforced
concrete walls and slab, remove and replace the existing pumps,remove and replace necessary piping to
make the new lift station operable,install a new control building with all related appurtenances,install radio
communication antenna, and construct a new driveway and parking area.
The lowest bid exceeded the budgeted amount for the project. The proposed adjustments to the original
design will not effect the quality of the final product.
BUDGETARYIMPACT
Funds for the project are available in the Capital Program.
PREVIOUS ACTION
Resolution 06-048 in the amount of$540,904.14 was passed by City Council on February 7, 2006,
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Water Utilities Director.
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER No.One(1)
DATE:February 21,2006
ROJECT: City of Beaumont,Texas
Sanitary Sewer Improvements
Rehabilitation ofthe
Florida Street Lift Station Project
OWNER: City of Beaumont,Texas
801 Main Street
Beaumont,Texas 77704
CONTRACTOR: Placo,LTD.
P.O.Box 8120
Lumberton,Texas 77657-0120
TO THE OWNER: Approval of the following contract change is requested.
Realm for Change:To decrease the contract amount by adjusting the scope of work performed by the Contractor.The scope of
work is adjusted by the following:Delete the sanitary sewer force main aerial crossing;delete the installation of an 8 foot chain link
fence;delete the removal and replacement of 3 sanitary sewer manholes;delete the installation of 46 linear fed of a 27 inch SDR-
35 sanitary sewer line•,delete the installation of 6 linear fed of a 27 inch SDR-35 sanitary sewer line;delete the installation of 55
linear feet of a.16 inch C905 PVC sanitary sewer force main;delete the abandonment of a 27 inch sanitary sewer line;delete the
abandonment of a 16 inch sanitary sewer force main;delete the abandonment of a 10 inch sanitary sewer line;add the installation
of 20 linear fed of a 10 inch SDR-26 sanitary sewer line,miscellaneous plugging,by-pass pumping and tie-ins.
ORIGINAL CONTRACT AMOUNT: $540.904.14
THIS CHANGE ORDER
Desc iMion: Net Change
Delete the sanitary sewer force main aerial crossing. ($16,044.67)
Delete the installation of an 8 foot chain link fence. ($10,010.80)
Delete the removal and replacement of 3 sanitary sewer manholes. ($29,956.44)
Delete the installation of46 linear feet of a 27 inch SDR-35 sanitary sewer line. ($12,185.86)
'etc the installation of 6 linear fed of 27 inch SDR-35 sanitary sewer line. ($1,447.62)
Delete the installation of 55 linear fed of a 16 inch C905 PVC sanitary sewer force ($11,957.55)
mein.
Delete the abandonment of a 27 inch sanitary sewer line. (54,841.86)
Delete the abandonment of a 16 inch sanitary sewer force main. ($3,810.24)
Delete the abandonment of a 10 inch sanitary sewer line. ($2,421.55)
Add the installation of 20 linear fed of a 10 inch SDR-26 sanitary sewer line. 54,336.40
Add miscellaneous plugging,by-pass pumping and tie-ins. S12,000.00
TOTAL AMOUNT OF THIS CHANGE ORDER: ($76340.19)
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER: $464,563.95
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under
the Contract arising directly or indirectly from this Change Order and all previous Change Orden. Acceptance of this waiver
constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon
adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly
executed."
Recommended by: Approved by: Accepted by:
Hani Tohme,P.E. City of Beaumont Placo,LTD
Water Utilities Director Owner Contractor
Date: Date: Date:
RESOLUTION NO.
WHEREAS, on February 7, 2006, the City Council of the City of Beaumont, Texas,
passed Resolution 06-048, awarding a contract to Placo, LTD. in the amount of
$540,904.14 for the Sanitary Sewer Improvements Rehabilitation of the Florida Street Lift
Station Project; and,
WHEREAS, Change Order No. 1 in the amount of$76,340.19 is required to adjust
the scope of the work performed by the contractor thereby decreasing the contract amount
to $464,563.95;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 1
in the amount of$76,340.19 to adjust the scope of the work performed by the contractor
thereby decreasing the contract amount to $464,563.95.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
February, 2006.
- Mayor Guy N. Goodson -
U
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 21, 2006 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition-Representative from the Corp of Engineers
* Public Comment: Persons may speak on scheduled agenda items 1-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a request for a specific use permit to allow a school bus
parking and services facility located at Concord, Cottonwood and St. Helena
2. Consider authorizing the City Manager to execute an agreement with Ron Petit for
the purchase of a life-size bronze figure of Dr. Martin Luther King, Jr.
3. Consider approving a resolution authorizing the participation of the City of
Beaumont with other Entergy-Gulf States, Inc., service area cities to intervene in
proceedings before the Public Utilities Commission of Texas for the calendar year
2006
4. PUBLIC HEARING: Receive comments on the Preliminary 2006 HUD
Consolidated Grant Program Budget
WORKSESSION: Discuss the Preliminary 2006 HUD Consolidated Grant
Program Budget
Consider approving the Preliminary 2006 HUD Consolidated Grant Program
Budget
•
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Daniel Bell v City of Beaumont
Curtis Breaux, et al v City of Beaumont, Texas, et al
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
� 1
February 21, 2006
Consider approving a request for a specific use permit to allow a school bus parking and services
facility located at Concord, Cottonwood and St. Helena
vow City of Beaumont
�• Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: February 21, 2006
AGENDA MEMO DATE: February 13, 2006
REQUESTED ACTION: Council consider a request for a specific use permit to allow a school
bus parking and services facility located at Concord,Cottonwood and
St. Helena.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow a school bus parking and
services facility located at Concord, Cottonwood and St. Helena.
BACKGROUND
Beaumont Independent School District is requesting a specific use permit to allow the construction
of a school bus parking and service facility on property located at Concord, Cottonwood and St.
Helena. The facility would house buses that serve the schools on the north end of the city.
The site will include parking for 53 buses, an employee office and washing and fueling facilities.
Employee parking will be provided on the adjacent football stadium parking lot. In addition to the
bus facility, eleven parking spaces are being provided for use by the Beaumont Housing Authority
for parking for the BHA apartment complex across the street.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held August 15, 2005, the Planning Commission voted 7:0 to approve a
specific use permit to allow a school bus parking and services facility located at Concord,
Cottonwood and St.Helena with the stipulation that before the request is placed on the City Council
agenda,the site plan be amended showing the security fence on either side and indicating that buses
will not back out onto public streets.
A revised site plan has been submitted meeting the conditions as required by the Planning
Commission showing the security fence on either side and indicating that buses will not back out
onto public streets.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A SCHOOL BUS PARKING AND
SERVICES FACILITY IN AN RMH(RESIDENTIAL MULTIPLE
FAMILY DWELLING-HIGHEST DENSITY) DISTRICT
LOCATED AT CONCORD, COTTONWOOD AND ST.
HELENA 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 Beaumont Independent School District to allow a school bus parking and services
facility in an RMH (Residential Multiple Family Dwelling-Highest Density) District located
at Concord, Cottonwood and St. Helena, City of Beaumont, Jefferson County, Texas, as
described 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 a school bus parking and services facility in an
RMH (Residential Multiple Family Dwelling-Highest Density) District located at Concord,
Cottonwood and St. Helena, City of Beaumont, Jefferson County,Texas, is hereby granted
to Beaumont Independent School District, its legal representatives, successors and
assigns, as described in Exhibit "A" attached hereto and made a part hereof for all
purposes.
Section 2.
That the specific use permit herein ranted is expressly issued for and in
P P 9 P Y
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 21st day of
February, 2006.
- Mayor Guy N. Goodson -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
TRACT ONE
That certain 0.9786 acre tract out of the James Drake Survey, Abstract 71 , Jefferson County,
Texas, being the remainder of that called 1.08 acre tract conveyed to The Housing Authority of
the City of Beaumont as recorded in Volume 880, Page 333 of the Deed Records of Jefferson
County, Texas, said 0.9786 acres being more particularly described by metes and bounds as
follows:
Note: The Basis of Bearings is the east right-of-way line of Helena Street and the west line of a
called 1.856 acre tract conveyed to The Housing Authority of the City of Beaumont as recorded
in Volume 889, Page 300 of the Deed Records of Jefferson County, Texas having been called
North.
COMMENCING at a concrete monument found at the intersection of the east right-of-way line of
Helena Street with the south right-of-way line of Plum Avenue for the northwest corner of the
said 1.856 acre tract upon resurvey found to contain 1.865 acres.
THENCE South along the said east right-of-way line of Helena Street and the west line of the
said 1.865 acre tract, at a distance of 340.73 feet pass a point from which a found city
monument bears North 89 043'06"West 30.58 feet, and continuing a total distance of 380.23 feet
(called South) to a '/z" capped iron rod 'set in the north line of the said 1.08 acre tract for the
southwest corner of the said 1.865 acre tract and the northwest corner of the said 0.9786 acre
t tract, from which a found 5/8" iron rod bears North 59 027'39" West 0.26 feet, and the POINT OF
BEGINNING;
THENCE North 62°00'00" East along the said south line of the 1.865 acre tract and the north
line of the said 0.9786 acre tract a distance of 325.96 feet (called North 62 000'00" East-Vol. 880,
Pg. 333 and North 61015'00" East 320.74 feet-Vol. 889, Pg. 300) to a '/2" capped iron rod set for
an angle point;
THENCE North 42 053'00" East continuing along the said south line of the 1.865 acre tract and
the said north line of the 0.9786 acre tract a distance of 62.00 feet (called North 42°53'00" East
62.00 feet-Vol. 880, Pg. 333 and North 45°42'00" East 66.40 feet-Vol. 889, Pg. 300) to a "X" set
in concrete in the west right-of-way line of Concord Road for the southeast corner of the said
1.865 acre tract and the northeast corner of the said 0.9786 acre tract;
THENCE South 41°53'00' East along the said west right-of-way line of Concord Road and the
east line of the said 0.9786 acre tract a distance of 155.30 feet (called South 44°38'00" East
155.30 feet) to a 'h" capped iron rod set for the southeast corner of the said 0.9786 acre tract;
THENCE South 69°50'07" West along the south line of the said 0.9786 acre tract a distance of
462.00 feet (called South 69 009'00" West 472.52 feet) to a concrete monument found in the said
east right-of-way line of Helena Street for the southwest corner of the said 0.9786 acre tract;
THENCE North along the said east right-of-way line of Helena Street and the west line of the
said 0.9786 acre tract a distance of 76.42 feet to POINT OF BEGINNING and containing 0.9786
acres of land. more or less.
EXHIBIT "A"
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
TRACT TWO
That certain 1.865 acre tract out of the James Drake Survey, Abstract 71, Jefferson
County, Texas, being that called 1.856 acre tract conveyed to The Housing Authority of
the City of Beaumont as recorded in Volume 889, Page 300 of the Deed Records of
Jefferson County, Texas, said 1.865 acres being more particularly described by metes
and bounds as follows:
Note: The Basis of Bearings is the east right-of-way line of Helena Street and the west
line of the said 1.865 acre tract having been called North.
BEGINNING at a concrete monument found at the intersection of the east right-of-way
line of Helena Street with the south right-of-way line of Plum Avenue for the northwest
corner of the said 1.865 acre tract;
THENCE East along the said south right-of-way line of Plum Avenue and the north line of
the said 1.865 acre tract a distance of 167.00 feet (called East 167.00 feet) to a concrete
monument found at the intersection of the said south right-of-way line of Plum Avenue and
the west right-of-way line of Concord Road for the northeast corner of the said 1.865 acre
tract;
THENCE South 41053'00' East along the said west right-of-way line of Concord Road and
the east line of the said 1.865 acre tract a distance of 244.15 feet (called South 41°53'00"
East 244.15 feet) to a "X" set in concrete for the northeast corner of a called 1.08 acre
tract conveyed to the Housing Authority of the City of Beaumont as recorded in Volume
880, Page 333 of the Deed Records of Jefferson County, Texas and the southeast corner
of the said 1.865 acre tract;
THENCE South 42°53'00" West along the north line of the said 1.08 acre tract and the
south line of the said 1.865 acre tract a distance of 62.00 feet (called South 42°53'00"
West 62.00 feet-Vol. 880, Pg. 333 and South 45°42'00" West 66.40 feet-Voi. 889, Pg.
300) to a '/z" capped iron rod set for an angle point;
THENCE South 62°00'00" West continuing along the said north line of the 1.08 acre tract
and the south line of the said 1.865 acre tract a distance of 325.96 feet (called South
62°00'00" West-Vol. 880, Pg. 333 and South 61 015'00" West 320.74 feet-Vol. 889, Pg.
300) to a '/2" capped iron rod set in the said east right-of-way line of Helena Street for the
southwest of the said 1.865 acre tract from which a found 5/8" iron rod bears North
59°27'39"West 0.26 feet;
THENCE North along the said east right-of-way line of Helena Street and the west line of
the said 1.865 acre tract, at a distance of 39.50 feet pass a point from which a found city
monument bears North 89°43'06" West 30.58 feet, and continuing a total distance of
380.23 feet (called North) to the POINT OF BEGINNING and containing 1.865 acres of
land, more or less.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
TRACT 3
That certain 0.3139 acre tract out of the James Drake Survey Abstract 71, Jefferson
County, Texas and being a portion of a called 1.856 acre tract conveyed to the Housing
Authority of the City of Beaumont as recorded in Volume 889, Page 300 of the Deed
Records of Jefferson County, Texas and a portion of a called 1.08 acre tract conveyed to
the Housing Authority of the City of Beaumont as recorded in Volume 880, Page 333 of
the deed records of Jefferson County, Texas, said 0.3139 acres being more particularly
described by metes and bounds as follows: -
Note: The Basis of Bearings is the east right-of-way line ofHelena Street and
the west line of the called 1.856 acre tract conveyed to the Housing Authority
of the City of Beaumont as recorded in Volume 889, Page 300 of the Deed
Records of Jefferson County, Texas having been called North.
COMMENCING at a found concrete monument at the intersection of the
south right of way line of Plum Avenue (unimproved) with the southwest right
of way line of Concord Road for the northeast corner of the said 1.856 acre
tract;
THENCE South 410 53' 00" East along the said southwest right of way line of
Concord Road a distance of 196.81 feet (called South 41° 53' 00" East) to a
point for the northwest corner of the said 0.3139 acre tract and the POINT OF
BEGINNING;
THENCE with a curve to the right having a chord bearing of South 02° 10'
51" West, a chord distance of 20.82 feet and a radius of 15.00 feet a distance
along the curve of 23.02 feet to a point;
THENCE with a curve to the right having a chord bearing of South 62° 31'
51" West, a chord distance of 335.26 feet, and a radius of 450.00 feet a
distance along the curve of 343.54 feet to a point in the east line of Helena
Street for the northwest corner of the said 0.3139 acre tract from which a
found concrete monument for the northwest corner of the said 1.856 acre tract
bears North 322.10 feet (called North);
THENCE South along the said east line Arelena Street a distance of 36.28 o
feet (called South) to a point for the southwest corner of the said 0.3139 acre
tract from which a found concrete monument for the southwest corner of the
said 1.08 acre tract bears South 98.27 feet (called South);
THENCE with a curve to the left having a chord bearing of North 63° 06' 30"
East, a chord distance of 361.16 feet and a radius of 485.00 feet, a distance
along the curve of 370.07 feet to a point of reverse curve;
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
THENCE with a curve to the right having a chord bearing of South 86° 22'
12" East, a chord distance of 20.48 feet and a radius of 25.00 feet, a distance
along the curve of 21.10 feet to a point in the said southwest right of way line
of Concord Road for the southeast corner of the said 0.3139 acre tract from
which a t/z" capped iron rod set for the southeast corner of the said 1.08 acre
tract bears South 41° 53' 00" East, 136.09 feet (called South 44° 38' 00"
East);
THENCE North 410 53' 00" West, along the said southwest right of way line
of Concord Road a distance of 66.56 feet (called North 41° 53' 00" West) to
the POINT OF BEGINNING and containing 0.3139 acres more or less.
•C.t
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File 1794-P:Request for a specific use permit to allow a school bus parking and service NORTH
facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District.
P• Location: Concord at St. Helena
Applicant: Fittz and Shipman, Inc. SCALE
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February 21, 2006
Consider authorizing the City Manager to execute an agreement with Ron Petit for the purchase
of a life-size bronze figure of Dr. Martin Luther King, Jr.
City of Beaumont
Council Agenda Item
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TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: February 21, 2006
AGENDA MEMO DATE: February 9, 2006
REQUESTED ACTION: City Council authorize the City Manager to execute an agreement with
Ron Petit for the purchase of a life-size bronze figure of Dr. Martin
Luther King, Jr.
RECOMMENDATION
The Administration recommends City Council authorize the City Manager to execute an agreement with
Ron Petit for the purchase of a life-size bronze figure of Dr. Martin Luther King, Jr.
BACKGROUND
The City proposes to construct a new park named the Martin Luther King,Jr.Park on the east side of M.L.
King Parkway between College and Wall Streets. The project will include the construction of benches,
tables, landscaping and retaining wall, a parking area, and a life-size bronze sculpture of Dr. King. The
artist, Mr. Petit, is the Beaumont native that recently completed the sculpture for the Beaumont Police
Officers Memorial.
For the park project,Mr.Petit has provided two(2)concept sketches which are original works of art and
not based on a particular photo of Dr. King. As stated by the artist,the drawings are"the result of many
hours of intense research and refinement. The designs are intended to capture the essence of Dr. King's
strong personal beliefs, visions and determination to instill hope and inspire others." If these concept
sketches are not acceptable,the artist is willing to provide another sketch based on the City's concept for
the sculpture. The completed sculpture will stand atop a three-foot tall granite pedestal fitted with a bronze
name plaque. The cost of the sculpture is $55,000.
BUDGETARY IMPACT
Funds for the cost of the bronze figure are available in the Capital Improvement Program.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director
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RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute an agreement with Ron Petit for
the purchase of a life-size bronze figure of Dr. Martin Luther King, Jr. in the amount of
$55,000.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
February, 2006.
- Mayor Guy N. Goodson -
3
February 21, 2006
Consider approving a resolution authorizing the participation of the City of Beaumont with other
Entergy-Gulf States, Inc., service area cities to intervene in proceedings before the Public Utilities
Commission of Texas for the calendar year 2006
OCity of Beaumont
'WORNIMPRIMMOL Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: February 21, 2006
AGENDA MEMO DATE: February 16, 2006
REQUESTED ACTION: Council consider a resolution authorizing the participation of the City
of Beaumont with other Entergy-Gulf States,Inc., service area cities
to intervene in proceedings before the Public Utilities Commission of
Texas for the calendar year 2006.
RECOMMENDATION
Administration recommends the adoption of a resolution authorizing the City of Beaumont to
participate with other Entergy-Gulf States, Inc., service area cities and to intervene in proceedings
filed by EGSI before the Public Utilities Commission of Texas for the calendar year 2006.
BACKGROUND
It is expected that Entergy-Gulf States, Inc., will file several matters in 2006 before the Public
Utilities Commission of Texas. These matters include a fuel factor case in March, 2006, and
September, 2006, to raise the fuel charge to customers; a fuel reconciliation case in May, 2006, to
reconcile fuel costs through December 31, 2005, and address incremental capacity costs requested
in 2005 but delayed until May, 2006; at least one request for a fuel surcharge to recover the
difference between actual and estimated fuel charges. The case which was filed in 2005 to recover
transition to competition costs and expenses will be litigated in February and March of 2006. The
company will also attempt to collect an estimated$300 million of costs related to storm damage from
Hurricane Rita. These matters will all be filed at the Public Utilities Commission of Texas.
Historically,the City ofBeaumont has joined with other cities in the Entergy-Gulf States service area
in participating in proceedings before the Public Utilities Commission of Texas and various rate and
fuel matters filed by Entergy-Gulf States,Inc. The City of Beaumont has,over the last several years,
adopted a similar resolution to the one proposed today and has participated in the various cases filed
by EGSI over the years. The purpose of this resolution is to authorize the City of Beaumont to
participate with other cities by intervening in the cases that the company is expected to file in 2006.
This participation is necessary to assure reasonable rates and charges and fair competition to all
customer classes.
The action ofthe various cities intervening in these matters are accomplished pursuant to the direction
of a Cities' Steering Committee of which the City of Beaumont is a member. The Cities' Steering
Committee will retain rate consultants and attorneys who will represent the cities' interest in the
above proceedings.
BUDGETARY IMPACT
All reasonable expenses associated with these cases will be reimbursable by the company as they have
been in the past.
PREVIOUS ACTION
The City Council has authorized similar participation resolutions for the calendar years 2002, 2003,
2004, and 2005.
SUBSEQUENT ACTION:
None
RECOMMENDED BY:
City Manager and City Attorney.
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS,
AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE
AREA CITIES IN MATTERS BY ENTERGY AT THE PUBLIC UTILITY
COMMISSION OF TEXAS IN 2006
WHEREAS, Entergy Gulf States' (EGSI) implementation of customer choice has
been delayed due to lack of competition; lack of independent market structures and
organizations in its service territory to implement fair competition; and because EGSI's
ability to control the market in its region has not been evaluated,EGSI will continue to be
regulated;
WHEREAS, changes to the Public Utility Regulatory Act addressing rates and
rate proceedings will have a direct impact on EGSI and customer bills during the
continued transition to competition;
WHEREAS, EGSI is scheduled to litigate its request in various proceedings at the
Public Utility Commission in 2006 related to transition to competition expenditures;
capacity cost surcharges; various fuel cost surcharges; Hurricane Rita losses, and for
approval of various market structures necessary for the implementation of fair
. competition;
WHEREAS, EGSI is scheduled to file a fuel factor proceedings at the Public
Utility Commission in March and September 2006, and file other fuel proceedings during
2006 to reconcile fuel, to surcharge or refund fuel charges, and to change the fuel
mechanism, along with various surcharge requests impacting rates;
WHEREAS, Cities have a duty to set fair and reasonable rates for both the
Company and ratepayers within Cities;
WHEREAS, Cities have original jurisdiction over rates, operations, and services
of an electric utility in areas in the municipality pursuant to Tex. Util. Code §33.001;
WHEREAS, Cities have standing in each case before the Public Utility
Commission of Texas that relates to an electric utility providing service in the
municipality pursuant to TEx. UT1L. Code §33.025;
WHEREAS, Cities are entitled to reimbursement of their reasonable rate case
expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util.
Code §33.023.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT, TEXAS, that:
SECTION 1. The City of Beaumont shall participate with other Cities to
intervene in EGSI's various rate filings related to the recovery of transition to
competition costs, capacity costs and fuel cost proceedings, which include fuel
reconciliation(s), fuel factor and fuel surcharge/refund cases and cost recovery
proceedings related to Hurricane Rita impacts filed at the Public Utility Commission in
2006 seeking appropriate regulatory scrutiny.
The City of Beaumont shall participate with other Cities to intervene in
proceedings at the Public Utility Commission filed in 2006 concerning EGSI's readiness
for competition, market power, organizations and structures to assure fair competition to
all customer classes.
All such actions shall be taken pursuant to the direction of the Cities' Steering
Committee. Cities' Steering Committee shall have authority to retain rate consultants
and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives
in the above proceedings. The Steering Committee is directed to obtain reimbursement
from EGSI of all reasonable expenses associated with participation in said proceedings.
SECTION 2. This resolution shall be effective from and after the date of its
passage.
PASSED by vote of the City Council of the City of
Beaumont, Texas, this day of 2006.
THE CITY OF BEAUMONT, TEXAS
By:
ATTEST:
City Secretary
APPROVED AS TO FORM:
4
February 21, 2006
PUBLIC HEARING: Receive comments on the Preliminary 2006 HUD Consolidated Grant
Program Budget
WORKSESSION: Discuss the Preliminary 2006 HUD Consolidated Grant Program Budget
Consider approving the Preliminary 2006 HUD Consolidated Grant Program Budget
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: February 21, 2006
AGENDA MEMO DATE: February 14, 2006
REQUESTED ACTION: Council conduct a public hearing/workshop to review and receive
comments on and approve the Preliminary 2006 HUD Consolidated
Grant Program Budget.
RECOMMENDATION
Administration recommends approving the Preliminary 2006 HUD Consolidated Grant Program
Budget.
BACKGROUND
City Council has conducted public hearings/workshops in previous years prior to adopting the City's
Consolidated Grant Program Budget, as mandated by the U. S. Department of Housing and Urban
Development(HUD). To date,the Community Development Advisory Committee(CDAC)has held
two (2) meetings to discuss and review the process for submitting 2006 Action Plan Budget
recommendations to the City Council. Community Development staff along with other City of
Beaumont staff involved with the Consolidated Grant program hosted four(4)Public Hearings to
receive public comments relating to the process and activities germane to the 2006 Consolidated
Grant Program Budget. Subsequent public hearings/workshops will follow.
BUDGETARY IMPACT
The preliminary 2006 Consolidated Grant Program budget is comprised of federal allocations of
$1,818,982(Community Development Block Grant funds), $761,380(HOME funds)and$150,000
(estimated program income).
PREVIOUS ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director,Planning Manager, Grants Administrator,Housing Manager
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2006 HUD CONSOLIDATED GRANT PROGRAM
Preliminary
COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) 2006
HOUSING Budget
Minor Repair S 200,000
Funds will be used to repair approximately 13 homes at$15,000
Lead-Based Paint Testing 25,000
Funds will be used to test the paint and address the lead based paint issues of single family
residential and multiple family housing.
infrastructure 85,000
Funds will be used for infrastructure in the CDBG strategy area.
CLEARANCE AND DEMOLITION
Clearance and Demolition Activities
Funds will be used to demolish approximately 100 unsafe residential structures and specified 200,982
commercial structures.
Funds will also be used for project delivery costs and for clearance on a spot basis.
PUBLIC FACILITY&IMPROVEMENT 830,000
Section 108**Debt Service
Hotel Beaumont(Section 108 payment)-rehabilitation
Crockett Street(Section 108 payment)-rehabilitation
Jefferson Theater(Section 108 payment)-rehabilitation
Theodore R Johns,Jr.Library(Section 108 payment)-new construction
L L Melton YMCA(Section 108 payment)-rehabilitation
PUBLIC SERVICES
Public Services Organizations 100,000
Funds will be used for administrative and operating costs for various non-profit organizations.
EMERGENCY SHELTER SET-ASIDE 85,000
Funds will be used to provide Homeless Provider Grant Funds to assist with operation management,
essential services,homeless prevention and administration of facilities that house and provide services
to the homeless population.
ECONOMIC DEVELOPMENT
Small Business Revolving Loan 112,000
Funds will be used to promote small business development and job creation in Beaumont and to stimulate
employment and entrepreneurship among women,minorities and the economically disadvantaged.
ADMINISTRATION 181,000
Funds will be used for personnel and operating expenses necessary for compliance with the planning
execution,and regulatory requirements of the HUD Consolidated Grant Program.
TOTAL CDBG 1,818,982
REVOLVING FUNDS(Funded with Program Income*)
Small Business Loan Fund 125,000
Historic Preservation Loan Fund 20,000
Clearance and Demolition 5,000
*Program Income is Estimated
TOTAL REVOLVING FUNDS 150,000
HOME
AFFORDABLE HOUSING PROGRAM 685,242
Funds will be used to assist non-profit housing development organizations with the development of
approximately 10 single family homes. Funds will also be used to assist low/moderate income
families with closing costs,mortgage buy downs,and down payments needed to purchase homes.
Funds will also be used for eligible projects costs associated with the development of multi-family
housing units.
HOME ADMINISTRATION 76,138
Funds will be used for personnel and operating expenses necessary for compliance with the planning,
execution,and regulatory requirements of the HUD HOME Program,
TOTAL HOME 761,380
TOTAL 2006 PRELIMINARY BUDGET $ 2,730,362
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the Preliminary 2006 HUD Consolidated Grant
Program Budget.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
February, 2006.
- Mayor Guy N. Goodson -