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HomeMy WebLinkAboutPACKET AUG 29 2006 • City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 29,2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Mary Jowers would be reappointed to the Board of Adjustment(Zoning). The current term would expire July 22, 2008. (Mayor Guy N. Goodson) Bob Harris would be reappointed to the Board of Adjustment (Zoning). The current term would expire July 22, 2008. (Mayor Guy N. Goodson) Brooks Goodhue would be reappointed to the Community Development Advisory Committee. The current term would expire October 13, 2007. (Councilmember Becky Ames) Brooks Goodhue would be reappointed as Vice Chairman of the Community Development Advisory Committee. The current term would expire January 24, 2007. (Mayor Guy N. Goodson) Roy McClaney would be reappointed to the Convention and Tourism Advisory Board. The current term would expire June 16, 2008. (Mayor Guy N. Goodson) Dora Nisby would be reappointed as Vice Chairman of the Library Commission. The current term would expire April 4, 2007. (Mayor Guy N. Goodson) Bill Faucett would be reappointed as Chairman of the Library Commission. The current term would expire April 4, 2007. (Mayor Guy N. Goodson) Bill Yoes would be reappointed as Vice Chairman to the Historic Landmark Commission. The current term would expire January 24, 2007. (Mayor Guy N. Goodson) Shaheen Farah would be reappointed as Chairman to the Historic Landmark Commission. The current term would expire January 24, 2007. (Mayor Guy N. Goodson) Steve McGrade would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire July 14, 2009. (Councilmember Becky Ames) George Jackson would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire March 20, 2008. (Mayor Pro Tem Nancy Beaulieu) Greg Dykeman would be reappointed to the Planning and Zoning Commission. The current term would expire January 6, 2009. (Mayor Guy N. Goodson) Glen Bodwin would be reappointed as Chairman of the Planning and Zoning Commission. The current term would expire January 10, 2007. (Mayor Guy N. Goodson) Bill Faucett would be reappointed to the Library Commission. The current term would expire January 17, 2008. (Mayor Guy N. Goodson) Russell Waddill would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire July 22, 2008. A) Approve a resolution taking disciplinary action with regard to the conduct of the City Clerk in the performance of her duties B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Barrington Heights Phase VII, Subdivision C) Authorize the acceptance of a twenty(20)foot wide drainage easement at 2196 Wooten Road D) Authorize the final settlement of the claim of Mary Coward RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following reappointments be made: Beginning Expiration Reappointment Commission of Term of Term Mary Jowers Board of Adjustment (Zoning) 08/29/06 07/22/08 Bob Harris Board of Adjustment (Zoning) 08/29/06 07/22/08 Brooks Goodhue Community Development Advisory 08/29/06 10/13/07 Committee Brooks Goodhue, Community Development Advisory 08/29/06 01/24/07 Vice-Chairman Committee Roy McClaney Convention & Tourism Advisory Board 08/29/06 06/16/08 Dora Nisby, Vice- Library Commission 08/29/06 04/04/07 Chairman 0 Bill Faucett, Library Commission 08/29/06 04/04/07 Chairman Bill Yoes, Historic Landmark Commission 08/29/06 01/24/07 Vice-Chairman Shaheen Farah, Historic Landmark Commission 08/29/06 01/24/07 Chairman Steve McGrade Parks & Recreation Advisory Committee 08/29/06 07/14/09 George Jackson Parks & Recreation Advisory Committee 08/29/06 03/20/08 Greg Dykeman Planning & Zoning Commission 08/29/06 01/06/09 Glen Bodwin, Planning &Zoning Commission 08/29/06 01/10/07 Chairman Bill Faucett Library Commission 08/29/06 01/17/08 Russell Waddill Small Business Revolving Loan Fund Board 08/29/06 07/22/08 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of August, 2006. - Mayor Guy N. Goodson - A tUDefCity of Beaumont 1W_ EL g Council Agenda Item � TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 17, 2006 REQUESTED ACTION: Council consideration of a resolution taking disciplinary action with regard to the conduct of the City Clerk in the performance of her duties. RECOMMENDATION Council approval of a resolution initiating a three(3)day suspension of Rose Ann Jones,City Clerk, without pay, said suspension to be enforced at a time which does not conflict with her election or budget preparation responsibilities. BACKGROUND Council discussed in Executive Session on Tuesday,August 15,2006,whether any disciplinary action should be taken as a result of the Clerk's failure to timely inform the City Council of her discovery of the discrepancy in the reported minimum numbers of signatures required for certification of the petition to repeal the ordinance regulating smoking in public places. The possibility of the implementation of a three (3) day disciplinary suspension without pay was discussed. BUDGETARY IMPACT PREVIOUS ACTION Resolution No. 05-120 SUBSEQUENT ACTION RECOMMENDED BY City Council RESOLUTION NO. WHEREAS, City Council discussed in an Executive Session properly called and held on Tuesday, August 8, 2006, whether any disciplinary action should be taken with regard to Rose Ann Jones, City Clerk, as a result of her failure to properly notify Council of the discrepancy in the reported minimum number of signatures required for certification of the petition to repeal the ordinance regulating smoking in public places; and, WHEREAS,the possibility of a three(3)day suspension without paywas discussed; and, WHEREAS, the Council finds that this action is appropriate and should be implemented; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Rose Ann Jones, City Clerk, is to receive a three (3)day suspension without pay as a disciplinary action resulting from the failure to properly notify Council as aforementioned. BE IT FURTHER RESOLVED THAT the Mayor is hereby authorized to enforce the suspension at such appropriate time as to not interfere with the election and budget preparation responsibilities of the City. BE IT ALSO RESOLVED THAT the suspension is to be memorialized in a letter to be placed in the personnel file of the City Clerk setting out the terms of the suspension and the possible consequences of further infractions. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of August, 2006. ` - Mayor Guy N. Goodson - B City of Beaumo nt Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 21, 2006 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Barrington Heights Phase VII, Subdivision. RECOMMENDATION Administration recommends approval of the following: • Claybourn Drive from existing dead end approximately 295 linear feet west to the 3-OM-4P end of roadway markers. • Windrose Drive from the proposed Claybourn Drive approximately 1,077 linear feet south to the proposed Ellington Lane. • Ellington Lane from existing dead end approximately 302 linear feet west to the 3-OM-4P end of roadway markers. Also, recommended for approval are the water and sanitary improvements for Lots 34-36, Block 1; Lot 11-13, Block 6; Lots 14-25, Block 8 and Lots 1-12, Block 9. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on August 16, 2006. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECONEVVIENDED BY City Manager, Public Works Director and City Engineer. EngAgen&P7 August 21,2006 I PARKDALE MALL. ' WAUA4Rr LOWE'S 3 KROf:ER O LSOM v D06 DeEOM SAS/M '�I' .. Q 1 ��` r--- 0-126 ^i %fiRRINTO" 41fiGHTS M, �; PNfst VII �F-,r-'-�'' LOCATION MAP. NTS BARRINGTON HEIGHTS PHASE VII, SUBDIVISION RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Barrington Heights Phase VII, Subdivision, have been completed as follows: Street and Storm Sewer. o Claybourn Drive from existing dead end approximately 295 linear feet west to the 3-OM-4P end of roadway markers. • Windrose Drive from the proposed Claybourn Drive approximately 1,077 linear feet south to the proposed Ellington Lane. • Ellington Lane from existing dead end approximately 302 linear feet west to the 3-OM-4P end of roadway markers. Water and Sanitary Sewer Improvements • Lots 34-36, Block 1; o Lot 11-13, Block 6; • Lots 14-25, Block 8; and, • Lots 1-12, Block 9. and, 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 Barrington Heights Phase VII, Subdivision, 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 preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of August, 2006. - Mayor Guy N. Goodson - c MAW 11�0.. rr Cat of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 23, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a twenty (20) foot wide drainage easement at 2196 Wooten Road. RECOMMENDATION Kurt and Dayna Dyrhaug have agreed to convey a twenty(20) foot wide drainage easement to the City of Beaumont. The easement will abut Lot 1C, Block 5 of an amended replat of Lot 1, Block 5 of the Wescalder Fig Acres Subdivision(2196 Wooten Road). Administration recommends acceptance of the easements. BACKGROUND The proposed drainage easement is for the placement of an underground 48"reinforced concrete pipe on the above property and will allow for the alleviation of drainage problems in the area. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engdrai yrhaug-ib.wpd 23 Au 23 August 2006 RESOLUTION NO. WHEREAS, Kurt and Dayna Dyrhaug, have conveyed a twenty (20) foot wide drainage easement at 2196 Wooten Road which will abut Lot 1C, Block 5 of an amended replat of Lot 1, Block 5 of the Wescalder Fig Acres Subdivision, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council has considered the conveyance of said tract and is of the opinion that the delivery and receipt of said tract is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the above described property conveyed by Kurt and Dayna Dyrhaug is hereby in all things accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of August, 2006. - Mayor Guy N. Goodson - 03/20/2006 13:15 4898801799 ARTDEPT PAGE 02 SURVEY LEGEND `i �— !4lCTRlC LlNC C'� -MCRtrF SURFACi ® ❑A.0 All' CONDIrIONtNC UAW _=__ /000 p9mcs —pt—PL— P!PlLX! COV9=0 APJA • P.P. PONZA POLE ��f— CIIMX(JNX IYNC! —T-7— rrll'Pl(WV!LJXr � ROCr OR CRAVtL SrR[lTZICNT ' CLIENT; _XVRT DYRFIddn Awn n�vNA DYRHd 1 LOT 12 I LOT 11 LOT 10 LOT 9 DATED: 7 Z 003 SOXBRSZT YJUAC6 CXAw.�I LOT 8 r AN N1 L. 13, PACL 37, ✓.C.xJR(GtL4[D XORfY► PrNcr 43.5 s4J.s rNND sD-NL ZW rxcz Roor rIrr ly i Fan e J r LOT 14 x-----x—x--x—x—x—x—x----x—x--x— VIM prma c 1Ar CRAW fmc! coNC ; D AsPXtr LOT 15 IU SAWLDC OX a •� SCALi: I' .f0' Mel v LOT IC fie% LOT 1B h _ $ O b MW m� CONC • �yo LOT 16 laac 'aY'�," }ONSmOr q ,RlslDlX�, W 10 E oN sue Em�Nr a"" cur "°• firmDrr Is comu OvrRRrAD ' rl.•a: .�, R:"'�.•is rucrjuc evnDrxc u,nwca Lm! W b ASPRALr rooD P.P. Alt" o PoUND —E—t—� S lRDN 1tOD � (CALldD S 00'00's7' ! ter•f0') `roUND I/�' DtON Rob 2196 W(POATAIr.'1 ROAD (cAPrlv� . 0956uPTloN OF!lRV/css: / sversrars erRrlFlarloh, To r"L1"AYQl.DrRS AND M" OMNSR$ or Trlr PRrJfISSS. SUrt"Trp AND ro rxr CNtGCp rtrtf lNSURANCr t:DypANI The WW VretprMd does hereby oerttfy that this od heron omd is correct. and that iher. afire na ° made on Me pTW nd of the erty loyally INcta encreachmenti ever—k*ptnp q *n'p C0' to +hortayes in or.v�eunda V and that said property has access go and imPr +rents e"omonis or*ighls of way, oraept as shoum hereon JSOtn a dedicated roadway. Dated AR Z, 2004 rho above tract being located at 1 and being descr0ed as LOT f'" IN R.OI'r � PLAT OF !OT 1, IN RIO,^.?!6, OF NBSCALDER f7G ACRdS as recorded in Yol.,ne_ 7 Page 7ZS_ of Mo�� five" With the mood rnsuranoe Rate Map of the roderat x tervenoy B .from A--+� ne�lA fe=at. in accordance tract lies * the flood eon. noted. 'rAmmurn an map was de ferenee a yrn,tht sWfecl wtleg re4r.est.d rAVST Ahgt,uertW and Surveying. hw., a not yW node. Aotual told.e not determ*WA of said map ub Use caraey or scale 1 RICHARD F. FAU REGISTERED •PROFESSIONAL LAND SURVEYOR NO. 4782 Data: ZU 2. 2004 ENCROACHMENT NOTES: A. ASPHALT Grove OVERLAP$M tnWWC STS Q,uRt Cenaw T!'dOt: fyo,n� FEXA Flood Zona:mac._ Contrnun{ty Panay NO.: .�.Q�..�(...... �RS4B7_OOS6 D r" RUST ...., .°t .. . Panal Date. �� : , t"c� field Book No.:Z ENGINEERING AND SURVEYING, INC. 2523 Calder Street sum Project No. 0308-045 Baavnnont. Taxaa 77702 (409 813-3410 Fax 409) 813-3484 EXHIBIT "A'I D City of Beaumont err• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 22, 2006 REQUESTED ACTION: Council consider a resolution authorizing the final settlement of the claim of Mary Coward. RECOMMENDATION Council approval of a resolution authorizing the final settlement of the claim of Mary Coward. BACKGROUND Council discussed the final settlement of this claim in Executive Session August 22, 2006. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the final settlement amount as shown: Mary Coward $1,500 650 Smelker Beaumont, Texas 77706 PREVIOUS ACTION Resolution No. 06-239 passed by City Council August 22,2006 authorized partial settlement in the amount of$22,459.07. .� SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. , RESOLUTION NO. WHEREAS,the claim of Mary Coward has been discussed in an Executive Session properly called and held Tuesday, August 22, 2006; and, WHEREAS, the Council desires to authorize the final settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Mary Coward in the final amount of One-Thousand Five-Hundred ($1,500) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of August, 2006. - Mayor Guy N. Goodson - Y Y • am 1WJ ' K City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 29,2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 7-12/Consent Agenda • * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling)District or more restrictive district at 1035 Chamberlin 2. Consider approving a request for a specific use permit to allow a public charter school in the CBD (Central Business District) at 405 Magnolia 3. Consider approving a request for a specific use permit to allow a church in an RM- H(Residential Multiple Family Dwelling-Highest Density)District on property located on the west side of N. Major, approximately 1,900' south of Tram Road 4. Consider approving a request for a specific use permit to allow a shopping center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2916 E. Lucas 5. Consider approving a request for a specific use permit to allow a doctor's office in an RCR(Residential Conservation and Revitalization)District at 2331 North • 6. Consider approving a request for a street name change from Morrison Street to Sonny Perkins Street 7. Consider approving a bid for replacement of the roof and wall sheeting at the Fleet Maintenance facility 8. Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Precinct No. 4 for the reconstruction of Frint Road 9. Consider approving an agreement with Cook Shaver Parker&Williams, P.C. for auditing services related to the 2006 fiscal year 10. Consider approving a depository agreement for banking services between the City of Beaumont and Capital One Bank for a three(3)year period commencing October 1, 2006 and ending September 30, 2009 11. Consider approving funding for the Partnership of Southeast Texas 12. Consider amending the FY 2006 Budget to increase expenditures in several funds WORKSESSION * Review and discuss the proposed FY 2007 Budget and Capital Program COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Maceba Henry Claim of Dontrell Holman 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 August 29, 2006 Consider approving a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling)District or more restrictive district at 1035 Chamberlin City of Beaumont M EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 22, 2006 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial- Multiple Family Dwelling)District or more restrictive district at 1035 Chamberlin. RECOMMENDATION The Administration recommends denial of a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district at 1035 Chamberlin. BACKGROUND Jose Perez is requesting a zone change from RS (Residential Single Family Dwelling) District to GC-MD(General Commercial-Multiple Family Dwelling)District to allow a carpentry shop at 1035 Chamberlin. The type of carpentry work that the applicant does is special order cabinets and furniture. Mr. Perez currently rents a business location on Caldwell, but he would like to relocate to an accessory building located in front of his residence.. Mr. Perez states that a building permit was granted for an accessory building. The building permit states that the building was to be used for storage. However,when Mr. Perez came to the City to inquire about operating a carpentry shop at the Chamberlin property,he was told that he would have to rezone the property to GC-MD. This request could be considered"spot zoning". The property is surrounded by RS zoning on the north, south and west sides. To the east is RM-H zoning. To the northeast is GC-MD zoning. To determine spot zoning, there are several issues that must be taken into consideration. 1. The law demands that the approved zoning plan should be respected and not altered for the special benefit of the landowner when the change will cause substantial detriment to the surrounding land or serve no substantial public purpose. Would the zone change be in compliance with the adopted Comprehensive Plan? This request is not in conformance with the Comprehensive Plan. The Comprehensive Plan designates this area as a stable area. A stable area is defined as a built u p a rea w hich i s g enerally c haracterized b y g ood t o e xcellent s tructural conditions and neighborhoods that are free from blighting influences such as incompatible land uses,dilapidated and derelict buildings and a deteriorated or poor public infrastructure. Except for either end of Chamberlin,at College and Washington,the rest of the street is zoned RS. To rezone this property would result in commercial encroachment into that part of Chamberlin zoned RS. 2. Will this change adversely impact the surrounding properties? The nature and degree of an adverse impact upon neighboring lands is important. Lots that are rezoned in a way that is substantially inconsistent with the zoning of the surrounding area, whether more less restrictive, are likely to be invalid. The lots to the north south and west are zoned RS. While there is GC-MD zoning northeast of the subject property,it is part of the commercially zoned properties that are oriented toward College. The subject property is located in a residential neighborhood. In the immediate vicinity of the subject property,there are six single family residences. 3. Is the tract of land suitable or unsuitable for use as presently zoned? This is a factor. The size, shape and location of a tract of land or lot may render it unusable or even confiscatory as zoned. The subject property is suitable for residential uses. 4. Does the proposed zone change bear a substantial relationship to the public health, safety,morals or general welfare or protect and preserve historical and cultural places and areas. The amendatory ordinance must bear a substantial relationship to the aforementioned considerations. The proposed zone change does not bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 21, 2006,the Planning Commission voted 5:3 to approve a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 1035 Chamberlin. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1035 CHAMBERLIN, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to GC-MD(General Commercial-Multiple Family Dwelling)District for property located at 1035 Chamberlin, being Lot 10, Block 5, Caldwood Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.86 acres, more or less, as shown on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. section, subsection sentence clause or phrase of this ordinance, or the That if any sec p application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the Ci ty of Beaumont this the 29th day of August, 2006. - Mayor Guy N. Goodson - iff K'4 2,RA' change „ , RS(Residential Single Family Dwelling) NoRTH tco GC-NlD (General Commercial-Multiple Family!)welling)District or more Location:restrictive district. i + : t + SCALE t: Jose and Miguel Perez N.T.S. Dacia � r r� ® u Li -- °°� — �� wrl”WO 16L am- y link, � �} � Lll,l,,lt ,.. �,111i:"Li�y�j•, I'{if,l�;�� � f ski � vi`.`�:I'I ��� ►iii � � ! �alp t r MEMO NOME � let - NONE e titi 4A00 Ire f(I t ■ yp® ko,Y �ft< 11#6 1#6 Yie 4.01 IQ W 19 arkl. AN 9R-°®•O We-8 0-11 f e� rr 4-w key. &-f f MEN MON NONE ��� 2 August 29,2006 Consider approving a request for a specific use permit to allow a public charter school in the CBD (Central Business District) at 405 Magnolia City of Beaumont •r�• g Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 22, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow a public charter school in the CBD (Central Business District) at 405 Magnolia. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a public charter school in the CBD (Central Business District) at 405 Magnolia subject to the school getting permission to use parking in a nearby parking lot or obtaining a special exception to the parking requirement from the Zoning Board of Adjustment. BACKGROUND Eagle Academy of Beaumont is requesting a specific use permit to allow a public charter school in an existing building at 405 Magnolia. The school will serve approximately 150 middle and high school students. The students will attend school in 4 1/4 hour sessions beginning at 8 a.m. and ending at 5 p.m. Hours of operation will be 7 a.m. -6 p.m. The maximum number of students on campus at one time will be 100. Students will be served by eight to twelve faculty members and staff. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 21, 2006, the Planning Commission voted 8:0 to approve a specific use permit to allow a public charter school in a CBD (Central Business District) at 405 Magnolia subject to the school acquiring access to extra parking. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PUBLIC CHARTER SCHOOL IN A CBD (CENTRAL BUSINESS) DISTRICT LOCATED AT 405 MAGNOLIA IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use permit to Eagle Academy of Beaumont to allow a public charter school in a CBD (Central Business)District located at 405 Magnolia, being Lots 13-16, Block 6, Calder Addition, City of Beaumont, Jefferson County, Texas, containing 0.65 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 a public charter school in a CBD (Central Business) District located at 405 Magnolia, being Lots 13-16, Block 6, Calder Addition, City of Beaumont, Jefferson County, Texas, containing 0.65 acres, more or less, as shown on Exhibit"A" attached hereto and made a part hereof for all purposes, is hereby granted to Eagle Academy of Beaumont, its legal representatives, successors and assigns subject to the following conditions: b Securing access to sufficient parking in a nearby parking lot or obtaining a special exception to the parking requirements from the Zoning Board of Adjustment. 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 29th day of August, 2006. - Mayor Guy N. Goodson - 1• I Fite1832-P: Request for a specific use permit to allow a public charter school in a NORTH CSI) (Central Business,District). A , Location: 405 Magnolia Applicant: Eagle Academy of Beaumont SCALE ° f 111=2001 . f / 0 p II ff A" w A/ M 1 M Ar K wf s ri ? ; • So \ � `^ I 0 / J t / a ar l a r e a w AI K s b n A! a N it K m 1 f , r • w $ 69ti OALOER I : CALDER AVE. .. 5a !3 SW "DSO"r' 67 aa;sY15.7' 75 " ' i,V :x � - - - - r t / I 7 I 1 4 ! •J / .! 7 .l r_;! 1R.1 N�T a Ar' o a . At • / Ae 1 a /i u ' z rs rr to BROADWY BROADWAY AVE. 9d� + • • ! t5 5,0 156 52 /d0 70 T� W i Are ,ddlo/ ch, e f 3 ! U) U) Q U1 LU J I! j(Zj,( 1• a • '4i Ar .. a Q s AV a Ai N As At M •I2 IO 'LL Q LIBERTY , 1. 9 50 0 ' • 'i L{BERYL( AV'E_. ,0 29 v. W. /0 // /r i. � 'f+ /TQ! 14" I `50 LAUREL :so.o eot 50• . wo S0� rV � �� r11T if Alf . .. ...... .. gA NK m K '.. 4 ; r: V G :.:' . 14 . a....4: -T 5gk9WAcadertiies of Texas tj N A.FL rn . ..a: 00r�.Ifi91L!f18�'. .: _ *Approval subject to the school getting permission to use parking in ED a nearby parking lot or obtaining a special exception to the parking requirement from the Zoning Board of Adjustment. 3 August 29,2006 Consider approving a request for a specific use permit to allow a church in an RM-H(Residential Multiple Family Dwelling-Highest Density)District on property located on the west side of N. Major, approximately 1,900' south of Tram Road vow 105 Cit y of Beaumont ow_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner,Public Works Director MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 22, 2006 REQUESTED ACTION: C, I consider a request for a specific use permit to allow a church iii -H(Residential Multiple Family Dwelling-Highest Density) District on roe located on the west side of N. Major property Major, approximately 1,900' south of Tram Road. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density)District on property located on the west side of N. Major, approximately 1,900' south of Tram Road. BACKGROUND Love and Compassion Ministries, Inc. is requesting a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District. The subject property is located on the west side of N. Major, approximately 1,900' south of Tram Road. The proposed development includes a 21,600 sq.ft.church building and related parking. The church building will include a 600 seat sanctuary, classrooms and church offices. The church will take advantage of natural vegetation with a 50' wide screening buffer along Major Drive. In addition, existing vegetation will be left along the north, south and west sides of the property. The subject property is over 35 acres and the church and parking lot will only occupy a small portion of that acreage. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 21, 2006, the Planning Commission voted 8:0 to approve a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District on property located on the west side of N. Major, approximately 1,900' south of Tram Road. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RMH (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED ON THE WEST SIDE OF N. MAJOR, APPROXIMATELY 1,900' SOUTH OF TRAM 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 Love and Compassion Ministries, Inc. to allow a church in an RMH (Residential Multiple Family Dwelling-Highest Density) District located on the west side of N. Major, approximately 1,900' south of Tram Road, being a 35.13 acre tract of land out of Daniel Easley League as recorded in Vol. 1313, Page 416 of the Deed Records of Jefferson County, Texas and said tract of land being described as follows: Beginning at a point approximately 3329 feet south of Tram Road in the west right-of-way line of Major Drive; thence N 900 00' 00" W 1571.50 feet to the southwest corner of the tract; thence, N 00° 31' 48" W 1263.12 feet to a point for a corner; thence, N 890 01'30" E 833.94 feet to the west right-of-way line of Major Drive; thence, S 300 24' 00" E 1480.85 feet to the Place of Beginning. City of Beaumont, Jefferson County, Texas containing 35.13 acres, more or less, City of Beaumont, Jefferson County, Texas, containing 0.229 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a church in an RMH (Residential Multiple Family Dwelling-Highest Density) District located on the west side of N. Major, approximately 1,900' south of Tram Road, being Y 9 a 35.13 acre tract of land out of Daniel Easley League as recorded in Vol. 1313, Page 416 of the Deed Records of Jefferson County, Texas and said tract of land being described as follows: Beginning at a point approximately 3329 feet south of Tram Road in the west right-of-way line of Major Drive; thence N 90° 00' 00" W 1571.50 feet to the southwest corner of the tract; thence, N 000 31' 48" W 1263.12 feet to a point for a corner; thence, N 890 01'30" E 833.94 feet to the west right-of-way line of Major Drive; thence, S 300 24' 00" E 1480.85 feet to the Place of Beginning. City of Beaumont, Jefferson County, Texas containing 35.13 acres, more or less, City of Beaumont, Jefferson County, Texas, containing 0.229 acres, more or less, as shown on Exhibit"A" attached hereto and made a part hereof for all purposes, is hereby granted to Love and Compassion Ministries, Inc., its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. 0 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 29th day of August, 2006. - Mayor Guy N. Goodson - • uest 1 a specific permit 1 allow 1 1 in an i 1 1 Multiple Family Dwelling-Highest 1 Location: 1 of approximately 1 ' ! !1 south of Tram Road 1 Applicant: 1 and 1 1 1 , 1 1 Ministries,Inc. a i� ®� ai ®m' ®� v E e4 \�--- e N , Parking Summary 600 seat =di mium 1 spacs per 4 seats Total spaces required f50 spaces haler-a0o Jt i Tota! spaces provided 15E spaces handicap spaces required 5 spaces Regular spaces 147 spaces N 69'01'30' d 833.94' \` ROAD SIDE t`f P� DmcH to 30 nusx ® �� \\•�b a INCLOSO N a u~ °~ � •S 900 001* L` aM ono O s CC�� ONESTORY J=AL °4 ON CONCRETE $ 900 SL/8 00 f6-SAVS MIGHT o4 A40' GROSS AREA o x� \ NOTE: 1. LOCATION, HEIGHT, AND SIZE OF SIGNAGE SHALL CONFORM TO SECTION 30-28 OF THE BEAUMONT ZONING ORDINANCE \ 2. OUTSIDE TRASH FACILITY SHALL CONFORM TO SECTION 30-27 OF THE BEAUMONT ZONING ORDINANCE \ 3. 'SCREENINC BUFFERS SHALL USE THE NATURAL FOLIAGE ON _THE SITE. LANDSCAPING SHALL MEET SECTION 30-31 OF THE BEAUMONT ZONING \\: ORDINANCE' 4. DRAINAGE SHALL BE TO THE SJfALE.ALONG MAJOR DRIVE \\ PROPERTY IS A 35.13 ACRE TRACT OUT'OF THE DANIEL EASELY LEAGUE \\ BEAUMONT. JEFFERSON COUNTY, \ TEXAS N 80.00'00' T 157f.50' LOVE AND COMPASSION MINISTIRES, INC. MAJOR DRIVE NEAR TRAM ROAD BEAUMONT. TEXAS FAUST ENGINEERING AND SURVEYING, INC. "Serving the Golden Triangle fnr 10 years" 2525 Calder Street EXHIBIT "B" Beaumont, Texas 77702 (409) 813-3410 Fax (409) 813-3484 4 August 29,2006 Consider approving a request for a specific use permit to allow a shopping center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2916 E. Lucas t f City of Beaumont 11-1 Will[Ill em Ile 1 mlwyi13 9 Council it A enda Item K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 22, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow a shopping center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2916 E. Lucas. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a shopping center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2916 E. Lucas with a modification to the landscaping/screening requirements along the north and west property line(no landscaping or fencing) subject to Mr. Le's continued ownership of Lot 3. BACKGROUND Brammer Construction,Inc.has applied for a specific use permit to allow a shopping center in a GC- MD-2(General Commercial-Multiple Family Dwelling-2)District. The property is located at 2916 E. Lucas. Proposed uses within the 11,089 sq. ft. shopping center include a washateria,nail shop, beauty shop and barber shop. The property is owned by Duong &Le, Inc. The south 150'of Duong and Le's property is zoned GC-MD. In July,the Planning Commission and City Council approved a zone change to GC-MD-2 for the north 192.42' of Duong and Le's property. The zoning boundary between the GC-MD and GC-MD-2 zoning runs down the middle of the proposed building. The planned shopping center will have access to both E. Lucas and Idylwood. At the present time, the rear 96'+is to be left vacant. This development will provide much needed services to the north end of Beaumont. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 21, 2006, the Planning Commission voted 8:0 to approve a specific use permit to allow a shopping center in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District at 2916 E.Lucas with a waiver of the landscaping/screening requirements along the north and west property line subject to Mr. Le's continued ownership of Lot 3. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SHOPPING CENTER IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT LOCATED AT 2916 E. LUCAS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use permit to Duong & Le, Inc. to allow a shopping center in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District located at 2916 E. Lucas, being the north 192.42'of the south 342.42' of Lots 1 and 2, Block 2, Lucas Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.90 acres, more or less, City of Beaumont, Jefferson County, Texas, 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 a shopping center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 2916 E. Lucas, being the north 192.42' of the south 342.42' of Lots 1 and 2, Block 2, Lucas Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.90 acres, more or less, City of Beaumont, Jefferson County, Texas, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Duong & Le, Inc., its legal representatives, successors and assigns subject to the following conditions: b Modification to the landscaping/screening requirements along the north and west property line (no landscaping or fencing) subject to Duong & Le, Inc. continued ownership of Lot 3. 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 29th day of August, 2006. - Mayor Guy N. Goodson - File 1835-P: Request for a specific use permit to allow a shopping center in a GC-ND- NORTH' 2 (General Commercial-Multiple Family Dwelling-2)District. Location: 2916 E.Lucas A..ppGcant: Brammer Construction,Inc. SCALE M 4 m .5�IAe o CO 3.1'. 3S le-9 3S /a4 3s Al oe- oLIA �- 4•C ..... .... ..Z Jp� r 0 -U. LLI. 4 3 I Q 3 CI W W R. S CO. a 444 +x.35' EAST LUCAS. SOUTH •.LANE .H -ZEK1 _ . ORrH LINE ASSALO A40 /mod 54 y I 54 I 26 'c 53 h 2 53 2 25 i11 52 3 52 in 24 N ' 5l : 4 51 N 23 r �.,.,4 .h.r .-1. �;°s/t 1i?y.„ 4^rJ tr,"'{ a. sJ:r i�. Cy ,C.... .rtw \. 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[ aR- _ r:D - r n t- - f, ->) t ,.d,� �•,- Y,s=,:.•ir r':fi.a E ,.fir. .,�r; ::k.�;a' .aeF;;�a'si%!'��•.J .,, 7 ,. . �.- ,.x..y;c,,,,:_;'- ��: �. `'';>': °fir%' :[!i'''' Z. i.G�' ..r.,,.t3� ,t; .r.r�.iJ�*t{•p.x•�. s,h.:""a;:::..a,r .., ....... .. ... ��. .. .,-... ,._.. ✓J"'. �} •.,:., 1 to .s�. �<,, .+ y..�`f `k-^'},�,•.- ��. ..- 4 .. >, .�.zw....k::. _.... ;�>.� �Nr•�. ,.._.... :��:: +.,�;�:rc rk.@if.:.'i':'-,�+.i .x;-'.�.,....•, .+4 �"Y>a �X:';'m:• ,t4'.=:5•:t sr i 5 August 29, 2006 Consider approving a request for a specific use permit to allow a doctor's office in an RCR (Residential Conservation and Revitalization)District at 2331 North City of Beaumont n g Council Agenda Item .Mm I TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 22, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow a doctor's office in an RCR (Residential Conservation and Revitalization)District at 2331 North. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a doctor's office in an RCR(Residential Conservation and Revitalization)District at 2331 North subject to satisfying the parking requirements outlined in the Zoning Ordinance or obtaining a special exception to the parking requirements from the Zoning Board of Adjustment, as well as satisfying other landscaping and screening requirements. BACKGROUND Dr.Mae Wesson is requesting a specific use permit to allow a doctor's office in an RCR(Residential Conservation and Revitalization)District. The property is located at 2331 North. Dr. Wesson states that she is a solo practice ophthalmologist. Dr. Wesson did office at 2900 North. Dr. Wesson spoke with the Planning Manager about her new office at 2331 North and was told that she would have to apply for a specific use permit prior to moving in. The Planning Manager has since been informed that she is now operating at the new location. She has received no permits or a certificate of occupancy. Dr. Wesson states that all exams are by appointment only. Office hours are 10 a.m. - 5:30 p.m. At any one time there will be no more than two vehicles. She is requesting a modification to the landscaping/screening requirements. A 6 '/2 wood screening fence runs along approximately 106' of the east property line. A 4' foot tall chain link fence runs along the south property line and approximately 106'of the west property line. Along the west side of the property,there is only room for a 3'landscape strip. BUDGETARYIWACT None. PREVIOUS ACTION At a Joint Public Hearing held August 21, 2006, the Planning Commission's motion to approve a specific use permit to allow a doctor's office in an RCR(Residential Conservation and Revitalization) District at 2331 North failed 4:4. Another motion to deny a specific use permit to allow a doctor's office in an RCR (Residential Conservation and Revitalization)District at 2331 North also failed 4:4. Therefore the request goes to City Council with no recommendation. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DOCTOR'S OFFICE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2331 NORTH IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use permit to Dr. Mae Wesson to allow a doctor's office in a RCR (Residential Conservation and Revitalization) District located at 2331 North, being the W 33.3'of Lot 5 and the E 33.3' of Lot 6, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.229 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 a doctor's office at 2331 North, being the W 33.3' of Lot 5 and the E 33.3' of Lot 6, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.229 acres, more or less, as shown on Exhibit"A" attached hereto and made a part hereof for all purposes, is hereby granted to Dr. Mae Wesson, her legal representatives, successors and assigns subject to the following conditions: 1> A 4' foot tall chain link fence along the south property line; and, 1> A 4' foot tall chain link fence 106' along the west property line; and, A 3' landscape strip along the west property line. Satisfying the parking requirements outlined in the zoning ordinance or obtaining a special exception to the parking requirements from the Zoning Board of Adjustment. 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 29th day of August, 2006. - Mayor Guy N. Goodson - /r its /* r0 t/ t+ J15 is i t5 H tl If N 17 /l I! 20 l/ lr tJ !• 11 I - i-- - - = � I I. . � .. ,.. E _ File 1836-P: Request for a specific.use permit to allow a doctor's office in an RCR N©RT$ (Mesidential Conservation and Revitalization) District. so r Location: 2331 North Applicant: Mae E. Wesson,.M.D. ' SCALE 32 V=200' • � I I I tJ IJ /f -l7 /I a to l/_ ( It +! Pf J - Soy 1100 2 3ew 2200 , jso + / •• /Z It it I A7 - 7 t t A l ' J. t / $IJ /t // q ! • 7 I ! • ,/ r "' ' to t/ tr is rs H H /! /J to If to n to it or u t4 rJ fS t is CR • A R T j HAZEL AVE. -A0 . ;. . Y.j.¢ tR...:.:':''�''is .yi• - 59 I Ja/ • r . • " r ! / /! It H /a ! I :Y:v::;•:( '' '{`:fti;,•.�• .. ;.< ' :,fAXmyj::•:'• `.;9.'x.,;..5{:• ';'<••%•Y;;:f•% `-e'r (� rJ t1 H /f /f / :,:. .y�::,s.•.•, ,V`rj.::'Yiy•':'y+,.•t:�ey:`,,., : ..',` !i 't0 tY rr..:rw..." C %ix.:.'e.'•: �y3'{t:%•:.i3 •• r.'•:. 11 is If IF /+ /0 la t/ of rd N 11 50 � � '�� ::�.;:i3#,.j�iR�.: :'::.` >'•9,0,::,•,.y. ... S9.P .gyp - -• - '+--�� _"T—f-r j NORTH ST. , 1O i 50 1R/ 10 /0 ! I, 7 I ! i :! R I /O /J K N /0 !'' f• T f f J s J t I / 6 rt h I I 9 2 LJ is h /J Is 17 If /-9 20 t/ tl t7 t! >-'� ' r.' / Is to to I t/ H eJ I[!. Zf i 13Q i.:w'• D/ 50 50 40n j McFADDIN AVE. 2.3Ct7 . 2 i i t / /J I Zr l/ /0 9 f 11 I! Ir I/ 9 f 7 + •I d ♦ S Z / i I I g tJ If0 /J i I 17 /I /9 t0 I Z/ ZZ Z! Zf lJtf tl I tfg /! I /J If IS to Z/ i it li Z! LS • t6 c 49 30I - - r 50 54f. SaL10ER 1 I so i CALDER AVE. EXHIBIT °`A'° ZT F"d /ron Pp� -7 I � v ie.2' Ie.Z h r Fia„e v ej RG 3. O .U I .V �� o I Sc4LE. /'���0• u ti tj I w.'/Y 1 L17 d/ 411C ILL. Le f S I And. /,b„ ,e,: I certify that the above is a plat o£ a tract of land, known as 233.1 North Street, Beaumont, Texas 77702, the property of Marilyn McConville, as. surveyed h me and being more fully described as The West Two-thirds of Lot No. Five (W. 2/3 0 the East Two-thirds of Lot No. Six (E. 2/3 of 6 a and ADDITION to the City of. Beaumont, Jefferson Count in No. Twent £ 5) and of record in Volume 1, Pages 131 and 132 Map Records in the y (20� ' of. AVERILL according to the map or plat of said County and State. This property is located in Flood Zone "C" which Of minimal flooding per The Flood Insurance Rate Ma office of the County Clerk Number 485457 0020 B, dated December 4, 1984 , hlch is an area Map of Beaumont, Texas, Community-Panel Census Tract NUnber 11 . ' 0P ST�'tiF{- t F. Loc e, R.P.L.S. N. 14th Street HAROLD F. LOCKE 4ederland, Texas 77627 t 4' 1801 / rune 11 2001 9.{:° Y°/ EXHIBIT "B" d SUR��v�� /J/� 4406 t� dy. j/ 1.i 6 August 29,2006 Consider approving a request for a street name change from Morrison Street to Sonny Perkins Street s i Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 22, 2006 REQUESTED ACTION: Council consider a request for a street name change from Morrison Street to Sonny Perkins Street. RECOMMENDATION The Administration recommends approval of a street name change from Morrison Street to Sonny Perkins Street. BACKGROUND The Planning Division has received a petition to rename Morrison Street to Sonny Perkins Street. This street is located in the Charlton-Pollard neighborhood,between Stanton and Bradley. Seventy- five percent of the property owners abutting Morrison Street are in favor of the request. The petition states that Sonny Perkins is a life-long resident of Beaumont who has lived on this street for 70 years. The petition further states that Mr. Perkins has cared for most of the residents in this area, especially in their times of need. The residents on Morrison Street want to honor Mr.Perkins for his commitment to the community. The Street Naming Policy states that the proposed street name will: • have historical or other special significance if the person, entity or event has made specific contributions to the cultural,economic,social,religious or political heritage of the city; • not have the same or similar name or phonetic sound of any other city street; • be for a complete street or continuous street; and • not represent a commercial endorsement. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 21,2006,the Planning Commission voted 8:0 to approve a street name change from Morrison Street to Sonny Perkins Street. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE CHANGING THE NAME OF MORRISON STREET TO SONNY PERKINS STREET IN BEAUMONT, JEFFERSON COUNTY, TEXAS, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT Morrison Street, running north to south between Stanton and Bradley in the Charlton-Pollard neighborhood, in Beaumont, Jefferson County, Texas, as shown on Exhibit "A" attached hereto and made a part hereof, be and the same is hereby renamed to Sonny Perkins Street. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of August, 2006. - Mayor Guy N. Goodson - t7-1ir � Sr d. COL ieo sa Ao O r a.,C. ,t- •bi p p Jl /l rGT fI '0 .s0 !6 ..r.4:r:i}r•,� :,x. ...c ro/ 'f5 cl �p o � � - .;r^ri,::r,:vi:.,,x ti .•r .;i Q367 asv 7t I!! r?� n Xl r0 b '3 t0 a. / t I J 4 d ! '� •� 1 aRAN File 693-OB: Request for a street name change from Morrison Street to Sonny NORTH Perldns Street. . ...� Location: From Stanton to Bradley Applicant: Buddy Low SCALE 1"=200' v 15 is 17 4Y ,iro >n 2 30 - 50 67 /JI J .� r f '6 f 7 %�•r� ``' it �. / I '. 7-Yl ?NERMANZ11— so x sa so ie v as so I - E .a0 wi so - so XZOO S /3Q? Jti I Cl +4 U' ' .w 4r !tb S h s h N 1! 100 <dl I ql�\t `/Of /o7 I '113 htl t ^�7 !0 4 J'BA DLAV/0 SS 5 td3' Are ant .av 4 !e !�h. 1of .to4 I t / : i 1 ►.:� i! I �rGJ.R st. , � �. �, - b /I V ^ 4 ' 'A S 1 1 RT h D 1-� >b SO q 1 O $ SRsa 'ts 4t e >b 7J . 50 1. y 50. 07 ' v 6.6'P 6 6 6 J / RtR ' e54 r / ! ry 5P 50 ?2d7 !t 47 40'k P b Yet 4yp X20 51 u '.9 4O do r �] ' 4 a . dr fa i .44. 5c 1 . Un" t! 15 d/ Jf 40 41 4t 6 48 47 +6 4 4 r4 /6 . d T 6 9 10 14 l6 10 50 60 /ps, IMA fle IJO 50 50 10. 4/ I. 50 so 10 I _ - , 50 60 50• 50 5/.B: r I 'l ! to /I b/ t ! 1 J 2 /I 7 I I !�. bl r •f 4 5 ,j 6 T I ! to I/ ((�� Vx Q 50 50 » ` - 50 30 - DO CE Tf 50 5/.4 60 50 %000 i/oo /,ZM /-*00 /400 50 5o `. 50 50 O I5/.d3 7 ! s 10 /1� �l t J 4 s 6 T Y 1 l r S 4 J 6 T r ! to l/ `a / t' I f N. u x a16 /T /6 /S /4 /J {2 // /0 if 1. 14 I! //VC w of 21 ZO r! 1s /7 /Q !1 N /f /r !S /5 1 S ` I M D/S X sa O 0 SO - 50 50 50 7 / ! /0 5 I / 7 ! !d �/ r 5 I 4 5 0 T r r%fl II I'r ti Alf 7 August 29, 2006 Consider approving a bid for replacement of the roof and wall sheeting at the Fleet Maintenance facility City of Beaumont Council Agenda Item � I g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 23, 2006 REQUESTED ACTION: Council consider award of a bid for replacement of the roof and wall sheeting at the Fleet Maintenance facility. RECOMMENDATION Administration recommends awarding a bid for furnishing all labor, supplies, materials and equipment for replacement of the roof and wall panels at the Fleet Maintenance facility to Cleveco Construction of Lumberton in the total amount of$222,170. BACKGROUND Bid notices were provided to eight (8) vendors, with three (3) responding with bids as reflected in the attached bid tabulation. Bid specifications requested a base bid for the roof replacement, and alternate pricing for replacement of the wall panels on each of the building's four (4) sides. The roof and north wall were damaged by Hurricane Rita and require replacement. Building Services personnel have reviewed the bids and recommend replacement of the east,west and south wall sheeting due to deterioration and incidental damage brought about by age and usage(the roof and wall panels have been in service since the building's construction in 1983). Replacement of the roof and all wall panels will enhance both the appearance and the structural integrity of the building. The scope of work includes replacement of the roof, wall covering, insulation, roof accessories, trim, gutter and downspouts. The overhead doors throughout the building, damaged by the hurricane, were replaced in December, 2005 at a cost of $44,164 (reimbursed by insurance proceeds). The completion time is estimated to be 120 days, and work will commence in mid-September. Cleveco Construction is a City-certified minority business enterprise. Roof and Wall Panel Replacement-Fleet Maintenance Facility August 22, 2006 Page 2 BUDGETARYIMPACT Due to the nature of the damage, replacement of the roof and the north wall panel will be reimbursed by insurance proceeds in the amount of$181,500. The additional cost of$40,670 will be charged to the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. BID TABULATION: ROOF SYSTEM REPLACEMENT-FLEET MAINTENANCE FACILITY BID NO. RF0706-73 BID OPENING: THURSDAY,AUGUST 17,2006 @ 2:00 PM Vendor Cleveco Construction Co. James Stuart Const. Mike Barnett Construction City/State Lumberton, TX Lumberton, TX Port Neches,TX Fax Number: 409.755.0975 409.755.3914 409.727.2905 Base Bid for Scope of Work as Specified $150,000.00 $156,332.50 $192,375.00 Unit Price per lineal foot to replace damaged 8""Z"purlins $12.75/lf $12.50/If $4.25/lf Unit Price per lineal foot to replace damaged 8"roof eave struts $16.50/If $14.75/lf $5.75/If Alternate#1: Lump sum to replace all wall sheeting, related trim, and painting on the North Elevation (Refer to Specification section 1.17.1) $31,500.00 $60,991.00 $62,150.00 Alternate#2: Lump sum price to replace all wall sheeting and related trim on the South Elevation (refer to specification section 1.17.2 $28,550.00 $57,044.00 $61,480.00 Alternate#3: Lump sum price to replace all wall sheeting and related trim on the West Elevation (refer to specification section 1.17.3 $6,900.00 $9,082.00 $10,250.00 Alternate#4: Lump sum price to replace all wall sheeting and related trim on the East Elevation (refer to specification section 1.17.4) $5,220.00 $71682.00 $8,290.00 Completion Time: 120 calendar day 114 calendar da s 45 calendar days RESOLUTION NO. WHEREAS, bids were received for furnishing all labor, supplies, materials and equipment for replacement of the roof and wall panels at the Fleet Maintenance facility damaged by Hurricane Rita; and, WHEREAS, Cleveco Construction, Lumberton, Texas, submitted a bid in the amount of$222,170; and, WHEREAS, City Council is of the opinion that the bid submitted by Cleveco Construction, Lumberton, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Cleveco Construction, Lumberton, Texas, for furnishing all labor, su pp lies materials and equipment for replacement acement of the roof and wall panels at the Fleet Maintenance facility damaged by Hurricane Rita in the total amount of$222,170 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of August, 2006. - Mayor Guy N. Goodson - • g August 29,2006 Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Precinct No. 4 for the reconstruction of Frint Road .E City of Beaumont qw- �Z c Council Agenda Item g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 22, 2006 REQUESTED ACTION: Council authorize the City Manager to execute an Interlocal Agreement with Jefferson County Precinct No. 4 for the Frint Road reconstruction project. RECOMMENDATION Administration recommends Council authorize the City Manager to execute an Interlocal Agreement with Jefferson County Precinct No. 4 for the Frint Road reconstruction project. BACKGROUND The City of Beaumont and Jefferson County Precinct No. 4 propose to jointly participate in the cost for the reconstruction of Frint Road from Major Drive to Tyrrell Park Road. Jefferson County will be responsible for the purchase of materials, construction,management and coordination of the project and the City of Beaumont will pay $125,000 toward the cost of materials. BUDGETARY IMPACT Funds will be provided as a part of the Street Rehabilitation Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. FrintRdReconstruction.wpd August 24,2006 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 execute an Interlo cal Agreement with Jefferson County Precinct No. 4 for the Frint Road reconstruction. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of August, 2006. - Mayor Guy N. Goodson - INTERLOCAL AGREEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON This Interlocal Agreement ("the agreement") is entered into between the City of Beaumont, a municipal corporation of Jefferson County,Texas and State of Texas(hereinafter called"City"),and Jefferson County,Precinct 4 of the State of Texas (hereinafter called"County"). Both entities are authorized to enter into interlocal agreements in accordance with Title 7 of the Government Code of the State of Texas (Vernon 1996) Section 791.001 et Seq. The City and the County agree as follows: WITNESSETH The City and the County have agreed to participate in the reconstruction of Frint Road from Major Drive to Tyrrell Park Road and have further agreed to share the cost of this project on the following basis: 1. The County will be responsible for engineering, design, coordination, construction and managing the construction for this project thru completion. 2. The City will fund up to $125,000 toward purchase of materials for this project and as set forth in "Exhibit A' attached hereto and incorporated herein by reference,namely reconstruction of Frint Road. 3. The County will be responsible for complete construction of the roadway including sub-grade stabilization,base work,resurfacing and work. EXHIBIT "A" lnterlocal Agreement Frint Road Reconstruction Page 2 Executed this day of ,2006. THE CITY OF BEAUMONT ATTEST: By: Kyle Hayes City Manager JEFFERSON COUNTY ATTEST: By. Carl Griffith -Aug 01 2006 1 : 05PM HP LRSERJET FAX p, 2 i EVERETTE"BO"ALFRED COUNTY COMMISSIONER PRECINCT 4 P.O.Box 4025 MARK WATKINS KENNETH MINKINS Executive Assistant Beaumont.Texas 77704-4025 Superintendent Precinct 4-Service Center MEMO To: Commissioner.Everette Alfred From: Kenneth Minkins Date: August 1,2006 Re: Re-build and Stabilize Frint Road(Labelle Rd to Tyrrell Park Bridge) The following is an estimated list/cost for materials to rebuild Frint Road. Dallas Roadway Products will be used at(24' x 12"deep). Limestone base'is already in the roadway. A Quicklime solution will be added to the soil. Roadway is .9 miles long. Two chip seal layers. Quicklime (150hons). @$96.921ton — $ 14,538.00 SA-44 (150/gals) @$49.03/gal — $ 7,354.50 LS-40 (150/gals) @$49.03/gal = $ 7,354.50 RS-2 Road OR (8872/gals) @.$ 1.721gal — $ 15,259.84 Top Shield (275/gals) @$ 11.68/gal = $ 3,212.00 PE 3 Coverstone (110hons) @$ 45.25 1ton = $ 4,977.50 PE 4 Coverstone (il.Ohons) @$ 45.25/toon = S 4.977.50 Total = $ 57,673.84 10%Contingency = $ 5.767.38 Gmad Total = $ 63,441.22 Kenneth Minkins ljd cc: J. P. Colbert, Engineering Dept., City of Beaumont Jeffersan County Courthouse•1149 Pearl Street 0 Floor•Beaumont,Texas 77701 Office:(409)835-8443 Facsimile: (409)7845803 Service Center•7780 Boyt Road.Beaumont,Texas 77713 Phone:(409)794-2444 Facsimile: (409)794-2167 *Aug 01 2006 1 : 05PM HP LASERJET FAX p. 3 w w4,5ON EVERETTE"BO"ALFRED COUNTY CONWISSlONER PRECINCT 4 MARIO WATKINS P.O.Box 4025 Beaumont.Texas 77704-4025 KENNETH MINKINS Executive Assistant Superintendent Precinct 4-Service Center MEMO To: Commissioner Everette Alfred i From Kenneth Minkins Date: August 1,2006 Re: Re-build and Stabilize Frint Road(Hwy 124 to Labelle)) The following is an estimated list/cost to rebuild Frint Road. Approx.9 x 26 wide,stabilizing at a depth of 14". Lime(Quick Lime) (300/tons) @$ 96.92/ton = $ 29,076.00 Type C PE 3 Coverstone (140/tons) @$45.2511on = $ 6,335.00 PE 4 Coverstone (140/tons) @$ 45.25/ton -- $ 6,335.00 RS 2 Road Oil (9,607/gals) @$ .1.72/gal = $ 26,527.48 Top Shield (275/gals) @$ 11.68/gal = $ 3,212.00 SA-44 (150/gals) @.$ 49.03/gal = $ 7,354.50 LS-40 (150/gals) @$ 49.03/gal = $ 7.354.50 Grand Total = $ 79,406.48 i Kenneth /jd cc: J.P. Colbert, Engineering Dept., City.of Beaumont Jefferson County Courthouse•1149 Pearl Street 4'"Floor•Beaumont,Texas 77701 Office:(409)835-8443 Facsimile:(409)784-5803 Service Center•7780 Boyt Road•Beaumont,Texas 77713 Phone:(409)794-2444 Facsimile:(409)794-2167 9 August 29,2006 Consider approving an agreement with Cook Shaver Parker& Williams, P.C. for auditing services related to the 2006 fiscal year co ity of Beaumont • : Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 23, 2006 REQUESTED ACTION: Council approval of an agreement with Cook Shaver Parker& Williams, P.C. for auditing services related to the 2006 fiscal year. RECOMMENDATION Administration recommends approving an agreement with Cook Shaver Parker&Williams,P.C. for auditing services related to the 2006 fiscal year. The Beaumont City Charter states"no auditor or firm of auditors shall serve as auditor for the City of Beaumont for more than four successive years."This will be the fourth consecutive year that Cook Shaver Parker&Williams has been appointed as auditor for the City, and therefore, they will not be eligible to serve for fiscal year 2007. BACKGROUND Field work is scheduled to begin by December 1,2006 and be completed by December 31,2006. The financial auditing reports(CAFR)will be completed by January 30,2007.The agreement is attached for your review. BUDGETARY IMPACT The contract amount including expenses will not be greater than$62,550,which is the same as in last year's contract. Funds will be available in the FY 2007 budget for this expenditure. PREVIOUS ACTION Council approved an agreement with Cook Shaver Parker & Williams, P.C. on July 22, 2003 for auditing services related to the 2003 fiscal year,with an option to renew annually for a period of three additional years. SUBSEQUENT ACTION None. 0 RECOMMENDED BY City Manager and Chief Financial Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves an agreement with Cook, Shaver Parker & Williams, P.C. for auditing services related to the 2006 fiscal year. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of August, 2006. - Mayor Guy N. Goodson - THE STATE OF TEXAS § COUNTY OF JEFFERSON § Professional Services Contract This Professional Services contract ("Contract") is hereby entered into on this day of September, 2006 and effective immediately by and between Cook Shaver Parker&Williams, P.C. ('Contractor-) and the City of Beaumont ("City"), a municipat corporation located in Jefferson County, Texas acting by and through its City Manager or his/her designee. WITNESSETH: That in consideration of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: 1. Description of Work For the consideration hereinafter agreed to be paid to Contractor by City,Contractorwil I conduct an independent audit of the funds and account groups of the City for the fiscal year(s) ending September 30, 2006 and other related services ("services") as described in Contractor's proposal. The services are to conform in every respect to this Contract and the following g • City Request for Proposal (RFP); and • Contractor's Proposal ("Proposal") to the RFP. All.documents referred to above are incorporated herein as if written word for word. In the case of conflict in the language of any of the documents listed above and this Contract,the terms and conditions of this Contract shall be final and binding on all parties. In the case of conflict in the language of the RFP and Proposal, the terms and conditions of the RFP shall be final and binding on all parties. 11. Term This Contract shalt commence on the day and year first written above and will terminate on the issuance of all required reports or May 15, 2007, whichever occurs first in accordance with the Proposal. Fees will be as follows: z Financial and Out-of- Fiscal Comprehensive Pocket Year Audit Fee Expenses Total Fee 2006 $ 61.800 $ 750 $ 62.550 Total payment to Contractor will not exceed the amount specified above, unless other conditions necessitate additional services which must be authorized in advance by the City.Manager. Contractor's charges for services are not to exceed similar charges of Contractor for comparable services to other clients. Contractor will submit periodic billings for services rendered on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with Contractor's dollar cost bid proposal. Interim billings shall cover a period of not less than a month. Ten percent (10%) will be withheld from each billing pending delivery of Contractor's final reports. No interest shall ever be due on late payments. Payments to Contractor will be in the amount shown by the monthly statement and other documentation submitted and shall be subject to the approval of the Chief Financial Officer. City shall not be liable under this Contract for any services which are unsatisfactory or which have not been approved by City. Contractor will not be entitled to reimbursement for expenses incurred in accordance with this Contract unless Contractor has obtained :the prior written consent of City to incur such expenses. For services not included in this Contract, it is agreed between City and Contractor that a separate agreement shall be entered into to cover such additional services. Any and all charges made to City other than those specified in this Contract shall be fully explained in a signed written document delivered to the Chief Financial Officer prior to incurring any charge or fee in excess of the amount stated in this Contract. Such written explanations shall include, but not be limited to: • nature of the additional charge, • basis of such charge, • hours, • persons involved, • hourly rate, • costs incurred, and • statement that services provided were not included in basic Contract. Any out-of-pocket expenses will require approval of the Chief Financial Officer. Contractor will not incur such expenses until written approval is obtained from the Chief Financial Officer. Ill. Scope of Services Contractor agrees to provide the services under this Contract in accordance with generally accepted auditing standards (GAAS), generally accepted governmental auditing standards (GALAS) and to perform the services to the highest professional standards. 2 IV. City's Responsibilities City agrees to: • Have City accounting staff provide necessary prepared-by-client working papers normally required for the annual audit and locate and reproduce documents necessary to the audit. • Provide adequate work space and physical facilities needed to complete services. V. Staff Requirements Contractor agrees that staff assigned to City's audit shall contain at least one (1) person with two (2)or more years of governmental auditing experience. This person shall be at a senior or higher level. There shall be at least one(1)additional person that has completed a minimum of one(1)full year in governmental auditing. Staff provided on site at City will be computer literate and knowledgeable of spreadsheet software. Vl. Schedule A. Contractor agrees to meet the following time deadlines: 1. All working papers to be prepared by City must be submitted, by written list, to City on or before September 30 together with adequate written explanatory detail as to the purpose of the working papers as well as the methodology to be used in preparing such working papers and agreed-upon timing. 2. Preliminary audit work conducted prior to year-end closing may be scheduled by Contractor at a mutually agreeable time and date. 3. Year-end fieldwork must begin by December 1. 4. Audit fieldwork must be completed by December 31. 5. Year-end audit adjustments and trial balances are to be submitted to City no later than January 10. 6. The completed CAFR must be submitted by January 30, 2007. 7. The completed Single Audit Report must be submitted by May 15, 2007. 8. The management letter shall be submitted no more than thirty(30)calendar days after submission of the CAFR or no later than May 15, whichever is earlier. 3 9. Copies of all working papers or schedules shall be maintained by the Contractor for the latter of five (5) years after acceptance by Council and all relevant federal and state agencies or the time period required by any funding sources. B. The audit shall not be considered complete until the relevant federal and state agencies have approved the audit plan and accepted the single audit report in writing. Vil. Termination it is agreed and fully understood that City may, at its option and without prejudice to any other remedy it may be entitled to at law or in equity, cancel or terminate this Contract upon thirty(30) days written notice to Contractor with the understanding that immediately upon receipt of said notice, all work being performed thereunder shall cease. Contractor shall be compensated in accordance with the terms of this Contract for all services performed through the date of receipt of notice provided that City shall not be obligated to pay for any work which is unsatisfactory or not submitted in compliance with the terns of this Contract. Contractor shall deliver all original source documents belonging to City immediately after notice of termination of this Contract has been received by Contractor. Vill. Ownership of Documents All original source documents given to Contractor under this Contract are the sole property of City and shall be delivered to City without restriction on future use. IX. Confidential Work No reports, information, project evaluation, data, or any other documentation developed by, given to, prepared by, or assembled by Contractor under this Contract shall be disclosed or made available to any individual or organization by Contractor without the express prior written approval of City. X. Contractor's Liability Acceptance by City of Contractor's reports shall not constitute or be deemed a release of the responsibility and liability of Contractor, its employees, agents, or associates for the accuracy and competency of their reports, information, and other documents or services; nor shall acceptance or approval be deemed to be the assumption of such responsibility by City for any defect, error, or omission in the documents prepared by Contractor, its employees, agents, or associates. 4 XI. Nondiscrimination As a condition of this Contract, Contractor covenants that contractor will take all necessary actions to insure that, in connection with any work under this Contract, Contractor, its associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, ancestry, place of birth, or disability, either* directly, indirectly, or through contractual or other arrangements. In this regard, Contractor shall keep, retain, and safeguard all records relating to this Contract or work performed thereunder place of birth, or disability, either directly, indirectly, or through contractual or other arrangements. In this regard, Contractor shall keep, retain, and safeguard all records relating to this Contract or work performed thereunder for a minimum period of five (5) years from the final Contract completion, with full access allowed to authorized representatives of City,upon request,for purposes of evaluating compliance with this and other provisions of the Contract. XII. Notices All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the address shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices shall be deemed communicated as of five (5) days after mailing. If intended for City, mail to: Max S. Duplant, CPA Chief Financial Officer City of Beaumont P. 0. Box 3827 Beaumont, TX 77704-3827 or deliver to: Max S. Duplant, CPA Chief Financial Officer -Beaumont City Hall 801 Main Street, Room 320 Beaumont, TX 77701 If intended for Contractor, mail to: Ted J. Williams Cook Shaver Parker& Williams, P.C. P. 0. Box 7343 Beaumont, Texas 77726-7343 5 XII1. Applicable Law This Contract is entered into subject to the Charter and ordinances of City as they may be amended from time to time and is subject to and is to be construed, governed, and enforced under all applicable federal and state laws. Contractor will make any and all reports required by federal, state, or local law, including but not limited to, proper reporting to Internal Revenue Service, as required in accordance with the Contractor's income. Situs of this Contract is agreed to be Jefferson County, Texas for all purposes including performance and execution. XiV. Severability If any of the terms, provisions, covenants,or conditions of this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provisions of this Contract. All provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Any other provisions of this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. XV. Default If at any time during the term of this Contract, Contractor shall fail to commence work, in accordance with the provisions of this Contract, fail to diligently provide services in an efficient, timely, and careful manner and in strict accordance with the provisions of this Contract, fail to use adequate number or quality of personnel to complete the work, or fail to perform any of its obligations under this Contract, then City shall have the right, if Contractor shall not cure any such default afterfifteen(15)days written notice thereof,to terminate this Contract and complete the work in the manner it deems desirable, including engaging the services of other parties therefor. Any such act by City shall not be deemed a waiver of any right or remedy of City. If, after exercising any such remedy,the cost to City of the performance of the balance of the work is in excess of that part of the Contract sum which has not theretofore been paid to Contractor thereunder, Contractor shall be liable for and shall reimburse City for such expenses. XVi. Monies Withheld When City has reasonable grounds for believing that Contractor will be unable to perform this Contract fully and satisfactorily within the time fixed for performance, or that meritorious claim exists or will exist against Contractor or City arising out of the negligence, error, or omission of Contractor or Contractor's breach of any provision of this Contract, then City may withhold payment of any amount otherwise due to Contractor under this Contract. Any amount so withheld may be retained by City for that period as it may deem advisable to protect City against any loss. City may, after written notice to Contractor, apply such money in satisfaction of any claim(s). This provision is intended solely for the benefit of City and no other person or entity shall have any right against City or claim against City by reason of City's failure or refusal to withhold monies. No interest shall be payable by City on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of City. 6 XVII. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless City, its officers, agents, and employees from any and all damages, loss or liability of any kind whatsoever by reason of death or injury.to property to third persons caused by negligent act, error, or omission of Contractor, its officers, agents, employees, invitees, or other persons for whom Contractor is legally liable with regard to the performance of this Contract. Contractor will, at its own expense, defend, pay on behalf of and protect City, its officers, agents, and employees against any and all such claims and demands. XVIII. Insurance A. Contractor shall at Contractor's own expense, purchase and keep in force during the term of this Contract such insurance as set forth below. Contractor shall not commence work under this Contract until Contractor has obtained all insurance required and such insurance has been approved by City.All insurance policies provided under this Contract shall be written on an "occurrence basis" unless otherwise indicated. The insurance requirements shall remain in effect throughout the term of this Contract. 1. Professional liability insurance - including contractual liability in an amount not less than $500,000 2. Commercial general liability insurance - $500,000 combined single limit per occurrence for bodily injury, personal injury, and property damage; this policy shall have no coverages removed by exclusion 3. Automobile liability-$500,000 combined single limit per accident for bodily injury and property damage; coverage should be provided as a "Code 1", any auto 4. Workers compensation and employers' liability - employer's liability policy limits of $100,000 for each accident, $500,000 disease policy limit B. Other insurance provisions 1. City shall be named as an additional insured on the commercial general liability and automobile liability insurance policies. These insurance policies shall contain the appropriate additional insured endorsement signed by a person authorized by that insurer to bind coverage on its behalf. 2. Should professional liability coverage be provided on a"claims-made"form,Contractor must maintain this policy for a period of four(4)years after completion of this Contract or purchase extended reporting period or"tail" coverage. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days prior written notice has been provided to City. 7 4. Insurance is to be placed with insurers with a Best rating of no less than 'AMI». The company must also be duly authorized to transact business in the state of Texas. 5. Workers compensation and employer's liability coverage-The insurer shall agree to waive all rights of subrogation against City, its officials, employees, and volunteers for losses arising from the activities under this Contract. 6. Certificates of insurance completed on the Accord form only and endorsements effecting coverage required by this clause Shall be forwarded to: Rose Ann Jones City Clerk City of Beaumont P.O. Box 3827 Beaumont, Texas 77704-3827 XIX. Remedies No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein granted by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given thereunder. No covenant or condition of this Contract may be waived without consent of the parties. Forbearance or indulgence by either party.shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. XX. independent Contractor Contractor covenants and agrees that he/she is an independent contractor and not an officer, agent, servant, or employee of City;that Contractor shall have exclusive control of and exclusive right to control the details of the work performed thereunder and all persons performing same shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; the doctrine of respondeat superior shall not apply as between City and Contractor,' its officers, agents, employees, contractors, subcontractors, and consultants; and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. XXI. Entire Agreement This Contract embodies the complete agreement of the parties hereto, superseding all oral, written, previous,and contemporary agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties. 8 XXII. Successors and Assigns City and Contractor each bind themselves, their successors, executors, administrators, and assigns to the other party to this Contract. Neither City nor Contractor will assign, sublet, subcontract, or transfer any interest in this Contract without the written consent of the other party. No assignment, delegation of duties or subcontract under this Contract will be effective without the written consent of City. XXIII. Non-Waiver It is further agreed that one (1) or more instances of forbearance by City in the exercise of its rights herein shall in no way constitute a waiver thereof. XXIV. Headings The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions thereof. XXV. Changes City may,from time to time, require changes in the scope of services to be performed under this Contract. Such changes as are mutually agreed by and between City and Contractor shall be incorporated by written modification to this Contract. XXVI. Performance of Services Contractor, its associates, and employees shall perform all services called for in this Contract. Contractor covenants and agrees that all of its associates and employees who work on the engagement shall be fully qualified to undertake same and competent to perform the services described in this Contract. XXVII. Conflict of Interest Contractor covenants and agrees that Contractor, its associates, and employees will have no interest, and will acquire no interest either direct or indirect, which will conflict in any manner with the performance of the services called for under this contract. All activities, investigations and other efforts made by Contractor pursuant to this Contract will be conducted by employees, associates, or subcontractors of Contractor. 9 XXVIII. No Third Party Beneficiary For purposes of this Contract, including its intended operation and effect, the parties (City and Contractor) specifically agree and contract that: 1. The Contract only affects matters/disputes between the parties to this Contract and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with City or Contractor or both; and 2. The terms of this Contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Contractor. XXIX. Venue The parties to this Contract agree and covenant that this Contract will be enforceable in Beaumont, Texas and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Jefferson County, Texas. XXX. Procurement of Goods/Services from Beaumont Businesses and/or Historically Underutilized Businesses In performing this Contract, Contractor agrees to use diligent efforts to purchase goods/services from Beaumont businesses whenever such goods/services are comparable in quality and price. As a matter of policy with respect to City contracts and procurements, City also encourages the use, if applicable, of qualified contractors, subcontractors, and suppliers where at leastfifty-one percent(51%)of the ownership of such contractor, subcontractor,or supplier is vested in ethnic minorities or women. In the selection of subcontractors, suppliers, or other persons in organizations proposed for work on this Contract, the Contractor agrees to consider this policy and to use its reasonable and best efforts to select and employ such company or persons for work on this Contract. 10 In witness whereof,the parties hereunto set their hands by their representatives duly authorized on this day and year first written above. CONTRACTOR CITY OF BEAUMONT By Signature Kyle Hayes, City Manager Attest: Printed/typed Name Printed/typed Title Rose Ann Jones, City Clerk Tax Identification Number Witness: THE STATE OF TEXAS § § Contractor Acknowledgment COUNTY OF JEFFERSON Before me, a Notary Public in and for the State of Texas, on this day personally appeared _ known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same for and as the act and deed of , as thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this the day of , 200 Notary Public in and for the State of Texas Commission expires Notary's printed name THE STATE OF TEXAS § City Acknowledgment COUNTY OF JEFFERSON § Before me, a Notary Public in and for the State.of Texas, on this day personally appeared _ known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that same was the act of said City of Beaumont, Texas, a municipal corporation of the State of Texas, Jefferson County, Texas, and as the. City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this the day of , 200 Notary Public in and for the State of Texas Commission expires Notary's printed name 12 10 August 29, 2006 Consider approving a depository agreement for banking services between the City of Beaumont and Capital One Bank for a three (3)year period commencing October 1, 2006 and ending September 30, 2009 Cl of Beaumont • Council A enda Item � TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 23, 2006 REQUESTED ACTION: Council consider a resolution approving a depository agreement for banking services between the City of Beaumont and Capital One Bank for a three(3) year period commencing October 1, 2006 and ending September 30, 2009. RECOMWENDATION The administration requests approval of a resolution authorizing a depository agreement for banking services between the City ofBeaumont and Capital One Bank for a three(3)year period commencing October 1, 2006 and ending September 30, 2009. The contract may be renewed for two (2) additional one(1)year periods by mutual consent of both parties. BACKGROUND The City issued requests for proposals for banking services to all banks located within the city of Beaumont. Proposals were received from Bank of America, Capital One,JP Morgan Chase, Texas State and Wachovia Bank. The selection process was based on the following criteria:(1)compliance with minimum requirements set forth by the City, (2) availability of required banking services and (3) highest net earnings calculated as the difference between the total cost of banking services and the total annual interest. All proposals met the minimum requirements,however, Texas State Bank did not offer all required services. References were checked and positive comments were received from other users of the recommended bank. A proposal form was provided in the bid package to quantify the costs of banking and overnight investment services. This form contained estimates of the activity level on an annualized basis and required banks to provide unit price information and the estimated annual cost for services. In addition,the return on overnight investments was included on the proposal form. Estimated net return was calculated by adding the quoted price for each service activity and deducting the total from the estimated return on investments. Thus, the proposal with the highest net return or lowest net cost,after deducting all banking service charges was determined to be the best proposal for the City. An evaluation of the banking services proposals and the estimated annual net earnings for the five(5) banks is shown on attachment 1. The evaluation shows that Capital One Bank had the highest net annual return of $94,693. JP Morgan Chase Bank was second with a net return of $81,799. Wachovia Bank was third with a net return of$75,704 and Bank of America.was ranked fourth with a net return of$45,782. Texas State Bank had a net return of$46,586 but was not considered because online payment processing services, which is a required service,was not offered or priced. BUDGETARY IMPACT Funds are budgeted for this expenditure in the Cash Management Division. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief Financial Officer. Attachment 1 City of Beaumont Evaluation of Banking Services Proposals Flank of America Capital One JP Morgan Chan Texas State Wachovia Cost of Banking Services-Fee Basis Estimated Estimated Estimated Estimated Estimated Annual Charge Annual Charge Annual Gbame Annual Charge Aril Charge Account Maintenance 840 84 1,044 1.800 120 Deposits/Credits Posted 660 825 495 0 660 Items Deposited 11,300 12,275 9,450 40,200 7,100 Encoding Fee 480 960 480 0 0 Return Check Processing 8,750 4,900 6,500 11,000 5,500 Checks/Debits posted 2,160 11800 1,800 0 1,800 Automated Transfers 0 0 0 0 0 Automated Stop Payments 100 300 500 750 250 Fine Sort of Checks/Imaging 1,500 2,460 1,860 300 1,770 Paid List Reconciliation 4,140 3,1100 4,500 0 2,250 Checiddebit fraud prevention services 720 1,140 1,080 0 0 Automated Wire Transfers 1,030 615 500 1,185 600 Automated Balance Repotting 720 980 3,220 300 1,212 Payroll Direct Deposit 1,350 1,420 1,834 2,360 1,430 Automated Utility Big Payments(debits) 1,840 1,000 2,536 2,000 1,820 Electronic Vender Payments 128 8 492 15 308 Trust Safekeeping Services 1,296 1,290 1,800 1,800 1,686 Rolled Coins/Cufrency-Depos/Fumished 5,089 6,720 4,374 0 7,260 Pledged CollatwW Fees(1) 0 0 0 0 0 Overnight Sweep Acct.Maintenance(2) 3,600 0 1,800 0 1,600 FDIC Assessment Fes 0 0 0 0 0 Online payment processing sues(3) 19,980 8,480 4,008 91600 Other(4) 0 80 1,298 13,171 0 Adjustments(5) 180 1,120 550 300 1,800 Total Cost of Banking Services 65,563 48,057 50,121 75,181 43,366 Not Earnings Calculation Interest Rates: ("n (8) (9) (10} (11) A. Concentration Account(S2miNion boo 3.71% 4.76% 4.38% 4.43% 4.41% B. Special Purpose Accounts();t million bat) 3.71% 4.76% 4.44% 3.35% 4.41% Total Annual Interest(6) 111,345 142,750 131,920 122,067 119,070 Not Annual Earnings 1 $45,782 :94,693 :81,799 146,886 $75,704 (1) Bank of America collateral fee is 25 basis points for the monthly average excess pledged collateral-not Included in price. (2) Capital One,Texas State Bank and Wachovis quoted checking with Interest so sweep acct maintenance is not applicable. Deducted sweep fee from Wachovia as an adjustment since they stated it would not be needed with Interest option quoted. (3) Texas State Bank does not offer online payment processing services which Is a required service. (4) Other fees which are necessary to peftm required services including any additional 1 time setup charges and any additional monthly fees. (This section was blank for banks to add additional fees) (5) Adjustments necessary to correct extensions on gems priced In the'Other section. (6) Assumptions: 6 mo.avg.Fed Funds Rate=4.54%,6 mo.avg.90 day T-Bill Rate=4.49%,Interest credited monthly, Concentration acct daily balance a$2 million,Special Purpose accts daily balance=$1 million. See note 11 fo Wachovla calculation. (7) Bank of America quoted sweep acct invested in Advisor M-Treasury Share Class,no reserve requirement (8) Capital One quoted Public Fund NOW Account,rate based on 90 day T-Bill rate plus 27 basis points,compounded daily,no reserve requir. (9) JP Morgan Chase Bank quoted sweep acct Invested in repurchase agreements which is based or target Fed Funds minus 25 basis points for Concentration Acct. Interest paid daily on a 360 day basis,above rate has been converted to a 385 day basis. Rates quoted for Special Purpose Aocts are based on JP Morgan Chase Pubic:Funds High Balance Savings Accounts,no reserve requir. (10)Texas State Bank quoted checking with interest,rate equal to the 90 day T-Big Asked Rate for the Concentration Account. Rates quoted for Special Purpose Accts are based on the banks limited transaction Freedom Investment Account which is tied to Treasury Bills but may adjust any time at the bank's discretion. (11)Wachovia Bank quoted Government Advantage Interest Checking(LAIC),rate based on the prior month average of the High Auction Discount Rate for the 13-week T-Bill. Bid indkxted an earnings credit rate(squat to the same high auction disq rate) to offset fees for service be used then would pay interest on any additional balances. Bank stated that services could be paid on a fee basis but that a 10%reserve requirement would be deducted from the avg collected balance before calucloting interest. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the proposal of Capitol One Bank for banking services is hereby accepted and the City Manager be and he is hereby authorized to execute a depository agreement with Capitol One Bank for the period commencing October 1, 2006 to September 30, 2009. The contract may be renewed for two(2)additional one(1)year periods by mutual consent of both parties. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of August, 2006. - Mayor Guy N. Goodson - � ll August 29,2006 Consider approving funding for the Partnership of Southeast Texas VWAW Cit y of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 25, 2006 REQUESTED ACTION: Consider funding in the amount of$12,000 for the Partnership of Southeast Texas. RECOMMENDATION Administration recommends funding the Partnership of Southeast Texas$12,000 for FY 2006 from the City's General Fund. BACKGROUND The Partnership of Southeast Texas(POST)is a nonprofit, economic development corporation that works to develop cooperative efforts on a regional basis. Its purpose is to facilitate the retention and creation of jobs in a nine-county area that includes Chambers, Hardin, Jasper, Jefferson, Liberty, Newton, Orange and Tyler Counties and the Bolivar Peninsula in Galveston County. BUDGETARYIMPACT Partnership of Southeast Texas has requested funds in the amount of$24,000. The FY 2006 Budget allowed for funding in the amount of$12,000 and the funds are available in the General Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief Financial Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves funding for the Partnership of Southeast Texas in the amount of$12,000 from the FY 2006 City's General Fund. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of August, 2006. - Mayor Guy N. Goodson - 12 August 29, 2006 Consider amending the FY 2006 Budget to increase expenditures in several funds City of Beaumont ..�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: August 29, 2006 AGENDA MEMO DATE: August 25, 2006 REQUESTED ACTION: Amend the FY 2006 Budget to increase expenditures as follows: General Fund- $6,000,000 Solid Waste Fund- $1,191,500 Water Utility Fund - $549,400 Rita Recovery Fund- $5,133,900 Municipal Court Juvenile Case Manager Fund- $24,600 Capital Reserve Fund - $188,800 Fleet Fund- $390,900 RECOMMENDATION It is recommended that Council amend the FY 2006 Budget as proposed in the attached detail. Approving the proposed amendments will preclude the City from having expenditures in excess of appropriations. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. BUDGETARYIMPACT Sufficient fund balance is available to cover all increases in appropriations where individual fund revenues are not able to fully sustain those appropriations. PREVIOUS ACTION On April 25, 2006, Council approved a budget amendment to the FY 06 Budget for the Water Fund in the amount of$1,906,147 for FY 05 water projects that are being completed in FY 06 and $30,000 to purchase a new high capacity envelope feeder for Water Customer Service. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief Financial Officer. Proposed Budget Amendments FY2006 General Fund General Fund Amendment In the General Fund, an increase of$6,000,000 in transfers out is proposed for the FY 06 Budget as follows: Proposed Transfer To: Amendment Municipal Transit Fund $ 800,000 Rita Recovery Fund 1,000,000 Capital Reserve Fund 4,200,000 Total General Fund Amendment $ 6,000,000 Municipal Transit Fund A transfer of$800,000 from the General Fund to the Municipal Transit Fund is proposed for the FY 06 Budget. Transit capital expenditures budgeted for FY 06 will not be spent; however, operating expenditures have exceeded the amount budgeted due to increased fuel and maintenance costs. The transfer of$800,000 will keep the fund solvent. Rita Recovery Fund A transfer of$1,000,000 from the General Fund to the Rita Recovery Fund is proposed.The transfer is to account for estimated expenditures the City incurred due to Hurricane Rita that, because all reimbursements from FEMA and insurance have not been determined, may or may not be reimbursed. Capital Reserve Fund A transfer of$4,200,000 from the General Fund to the Capital Reserve Fund is proposed. The transfer is from additional sales taxes received during FY 06. The monies will fund capital purchases in both FY 06 and FY 07. Proposed Budget Amendments FY2006 Enterprise Funds Solid Waste and Water Funds Solid Waste Fund Amendment Due to Hurricane Rita,the City's landfill has processed in one year what it normally processed in two years. This higher demand has increased the need for labor, repairs and maintenance of equipment, operating supplies, and fuel for equipment. An increase of$1,041,500 is proposed for the FY 06 Budget. In addition, a transfer out of$150,000 to the Rita Recovery Fund is proposed to account for estimated expenditures the City incurred due to Hurricane Rita that, because all reimbursements from FEMA and insurance have not been determined, may or may not be reimbursed. In summary,the total proposed increase to the FY 06 Budget for the Solid Waste Fund is$1,191,500. Additional revenues of$1,450,000 are available to fund this increase in expenditures. Original Proposed Amended Budget Amendment Budget Total Expenditures $ 8,274,600 $ 1,191,500 $ 9,466,100 Water Fund Amendment Due to increased fuel and chemical costs in the wake of Hurricane Rita, an increase of$549,400 in repairs and maintenance and utilities is proposed for the FY 06 Budget. This increase also includes a proposed transfer out of$350,000 to the Rita Recovery Fund to account for estimated expenditures the City incurred due to Hurricane Rita that, because all reimbursements from FEMA and insurance have not been determined, may or may not be reimbursed. This increase in expenditures is funded by $1,639,400 in increased revenues. Original Proposed Amended Budget Amendment Budget Total Expenditures $31,426,800 $ 549,400 $31,976,200 Proposed Budget Amendments FY2006 Special Revenue Funds Rita Recovery Fund and Municipal Court Juvenile Case Manager Fund Rita Recovery Fund Amendment Due to Hurricane Rita,the City of Beaumont incurred expenditures that were not previously appropriated. For this reason, it is necessary to amend the FY 06 budget to include the Rita Recovery Fund and these appropriations. The appropriations will be funded by monies from insurance recovery and FEMA reimbursements. In addition,transfers will be made in FY 06 to account for the estimated expenditures the City incurred due to Hurricane Rita that, because all reimbursements from FEMA and insurance have not been determined, may or may not be reimbursed. The total proposed transfer is$1,500,000 of which $1,000,000 will be from the General Fund, $350,000 from the Water Fund, and$150,000 from the Solid Waste Fund. Original Proposed Amended Budget Amendment Budget Total Fund Expenditures - 5,133,900 5,133,900 Municipal Court Juvenile Case Manager Fund Amendment In the 79th Legislative Session of the State of Texas,the Legislature passed HB1575, Section 35 which allows a municipality, by ordinance,to create a juvenile case manager fund and require a defendant convicted of a fine-only misdemeanor offense (Class C) in a municipal court to pay a juvenile case manager fee not to exceed $5 as a cost of court. Effective February 1, 2006, Municipal Court began collecting an additional$2.50 fine per Class C misdemeanor offense and the new Municipal Court Juvenile Case Manager Fund was established. This fund accounts for the salary and benefits of the Juvenile Court Specialist presently employed by the City. Because this fee did not exist when the FY 2006 budget was approved, the related expenditures in the new fund were not anticipated. Prior to the inception of this fee, these expenditures were appropriated in the General Fund. The appropriations are funded by revenues from the juvenile case manager fee. Original Proposed Amended Budget Amendment Budget Total Fund Expenditures - 24,600 24,600 Proposed Budget Amendments FY2006 Internal Service Funds Capital Reserve and Fleet Funds Capital Reserve Fund Amendment Due to additional items purchased, an increase of$188,800 is proposed for FY 06 Budget. The additional transfer from the General Fund will fund the additional expenditures Original Proposed Amended Budget Amendment Budget Total Expenditures $4,136,100 $ 188,800 $4,324,900 Fleet Fund Amendment Due to increased fuel costs and greater than anticipated heavy equipment repairs and maintenance, an increase of$390,900 in repairs and maintenance and contract services is proposed for the FY 06 Budget. The amount is funded by increased charges to other funds for fuel and vehicle maintenance and by fund balance. Original Proposed Amended Budget Amendment Budget Total Expenditures $5,169,200 $ 390,900 $5,511,400 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2006 TO APPROPRIATE AND TRANSFER$6,000,000 FROM THE GENERAL FUND APPROPRIATING$800,000 TO THE MUNICIPAL TRANSIT FUND, $1,000,000 TO THE RITA RECOVERY FUND,$4,200,000 TO THE CAPITAL RESERVE FUND; AND APPROPRIATING $1,191,500 FOR THE SOLID WASTE FUND;APPROPRIATING$549,400 TO THE WATER FUND; APPROPRIATING $5,133,900 TO THE RITA RECOVERY FUND; APPROPRIATING $24,600 TO THE MUNICIPAL COURT JUVENILE CASE MANAGER FUND; APPROPRIATING $188,800 TO THE CAPITAL RESERVE FUND AND APPROPRIATING $390,900 TO THE FLEET FUND; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2005 through September 30, 2006 be and the same is hereby amended to appropriate and transfer the sum of $6,000,000 from the General Fund as follows: Transfer to Municipal Transit Fund $800,000 Rita Recovery Fund $1,000,000 Capital Reserve $4,200,000 TOTAL GENERAL FUND TRANSFER $6,000,000 Section 2. That the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2005 through September 30, 2006 be and the same is hereby amended to appropriate $1,191,500 for the Solid Waste Fund from revenues of the Solid Waste operation. Section 3. That the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2005 through September 30, 2006 be and the same is hereby amended to appropriate $549,400 for the Water Fund from funds received through increased revenues. Section 4. That the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2005 through September 30, 2006 be and the same is hereby amended to appropriate $5,133,900 to the Rita Recovery Fund from funds received from insurance recovery and FEMA reimbursements. Section 5. That the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2005 through September 30, 2006 be and the same is hereby amended to appropriate $24,600 for the Municipal Court Juvenile Case Manager Fund for use in the FY 2006 from revenues from the Juvenile Case Manager fee. Section 6. That the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2005 through September 30, 2006 be and the same is hereby amended to appropriate an increase of $188,800 in the Capital Reserve Fund from a transfer from the General Fund to cover unanticipated equipment costs in the FY 2006. Section 7. That the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2005 through September 30, 2006 be and the same is hereby amended to appropriate an increased expenditure of$390,900 in the Fleet Fund to be funded by charges to other funds for fuel and vehicle maintenance costs. Section 8. That if any section, subsection, sentence, clause or phrase of this ordinance,or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 9 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of August, 2006. - Mayor Guy N. Goodson -