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Home My WebLink AboutPACKET JUN 30 2009 RICH WITH OPPORTUNITY 11EM . � T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER JUNE 30, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to increase the Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase I Project for"extra work" B) Authorize the award of a six(6) month contract for liquid chlorine C) Authorize the City Manager to execute a letter of understanding to provide resources to the City of Beaumont during a declared disaster D) Authorize the acquisition of property for the Concord Road Pavement Widening Project E) Authorize the City Manager to apply for and receive funding to help redevelop neighborhoods through demolition and redevelopment of single-family homes F) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Homsar Pointe Blvd for Stoneleigh Apartments A RICH WITH OPPORTUNITY r C ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Karin Warren, Water Quality Control Manage MEETING DATE: June 30, 2009 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase I Project for"extra work". RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase I Project amount by$60,000. The proposed changes to the contract are to furnish all necessary labor, materials, and equipment to install 100 linear feet of 54-Inch HOBAS Pipe by opencut methods across the pipeline corridor on Lafin Road to return the existing line to the correct grade. The work includes the removal and hauling of the existing concrete pipe, removal and relacement of the failing concrete pavement, and the installation of cement stabilized sand from six inches below the new pipe to the subgrade of the pavement, subgrade, and concrete pavement, and increase the contract time by 10 calendar days. The additional days increases the total contract time to 100 calendar days. The proposed extra work will represent an increase of 10.41% of the original contract amount BACKGROUND The existing sanitary sewer line is located on Lafin Road and was installed in 1953. The existing line has deteriorated and requires major rehabilitation. During the cleaning and televising of the line, a 100 linear foot section has been determined to have settled substantially lower than the remainder of the line. The proposed work will match the existing pipes and have the grade re- established. The primary goals of the project are to restore the integrity of the sanitary sewer line, restore the carrying capacity, provide customers with uninterrupted and adequate service and meet the requirements with the State. Previous actions include: Resolution 09-046 in the amount of$576,354.00 was passed by City Council on February 10, 2009. Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase I Project June 30, 2009 Page 2 of 2 This Change Order is recommended for approval by the City Manager and the Water Quality Control Manager. BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROVALOI CON"IRAC'I'C'HAN61 CIfANGF ORDER No.One DATE: June 23,2009 PROJECT: City of Beaumont.Texas Sanitary Sewer System Improvements 00-Inch"fwnk OUlfall Rehabilitation Phase-I OWNER: City of Beaumont. Texas 801 Main Street Beaumont.Texas 77704 CONTRACTOR: Ifull'&,Mitchell,Inc. 16410 Huffmcister.Suite 250 Cy press,'I'exas 77429 I'O THE OWNER: Approval of the fiillowing contract change is requested. Reason for Change: I o furnish all necessary labor,materials.and equipment to install 100 linear feet of 54-Inch I IOBAS Pipe by opencut methods across the pipeline corridor on Latin Road to return the existing line to the correct grade. The work includes the removal and hauling of existing concrete pipe, removal and replacement of failing concrete pavement, and the installation of cement stabilized sand Rom six inches below the new pipe to the subgrade of th�_pavement, subgrade, and concrete paNe nen t. ORIGINAL CONTRACT AMOUNT: $ 576.354.00 'I HIS CHANGE ORDER Description: Net Change Furnish all necessary labor,materials,and equipment to install 100 linear feet of 54 $ 60.000.00 Inch IIOBAS Pipe by opencut methods across the pipeline corridor on Lafin Road to return the existing line to correct grade. 'the work includes the removal and hauling of existing concrete pipe, removal and replacement of failing concrete pavement.and the installation of cement stabilized sand from six inches below the new pipe to the subgrade of the pavement.subgrade,and concrete pavement. TOTAL AMOUNT OF THIS CHANGE ORDER $ 60,000.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 636,354.00 CONTRACT TIME Original Contract'[ime: 90 Calendar Days Additional Time Requested: 10 Calendar Days Revised Contract Time per this Change Order: 100 Calendar Days CONDITION OF CHANGE.: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents lull compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Accepted by: I.loyd Engineering,Inc. City ofBeaumont Huff&Mitchell,Inc. Engineer Owner Contractor Date: Date: Date: RESOLUTION NO. WHEREAS, on February 10, 2009,the City Council of the City of Beaumont, Texas, passed Resolution No. 09-046 awarding a contract in the amount of$576,354.00 to Huff & Mitchell, Inc., of Cypress, Texas, for the Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase I Project; and WHEREAS, Change Order No. 1 in the amount of $60,000 is required for "extra work"to include labor, materials, and equipment necessary to install 100 linear feet of 54- Inch HOBAS Pipe by opencut methods across the pipeline corridor on Lafin Road to return the existing line to the correct grade, thereby increasing the contract time by ten (10) calendar days and the total contract amount to $636,354; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 for"extra work"described above, thereby increasing the contract time by ten (10)calendar days and the contract amount by $60,000, for a total contract amount of $636,354. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2009. - Mayor Becky Ames - B RICHE WITH OPPORTUNITY BEA,IIMON* T • E • X • A • 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 30, 2009 REQUESTED ACTION: Council consider authorizing the award of a six (6) month contract for liquid chlorine. RECOMMENDATION The Administration recommends the award of a contract to Altivia Corp., of Houston, Texas in the estimated amount of$57,420. BACKGROUND Bids were requested for a six (6) month contract to supply water treatment chemicals for use by the Water Utilities Department. Liquid chlorine is used to disinfect and purify the City's water supply. The contract is to furnish liquid chlorine at the fixed unit price of$522 per ton. The price for the previous six (6) months was $523 per ton. Bids were requested from ten (10)vendors and two (2) responses were received. Bid tabulation is as follows: VENDOR TONS PRICE/TON TOTAL Altivia Corporation 110 $522 $57,420 Houston, TX DXI Industries 110 $584 $64,240 Houston, TX BUDGETARY IMPACT This expenditure is budgeted in the Water Utilities Fund. 6 MONTH CONTRACT FOR WATER TREATMENT CHEMICAL- LIQUID LIQUID CHLORINE BID OPENING DATE: THURSDAY JUNE 4, 2009 2:OOPM BID NUMBER: BF0509-17 Vendor HOUSTON HOUSTON City/State COST TOTAL Em 70"ITILE LIQUID CHLORINE 2000 LB CYL $584/TON $64,240.00 $52W ON $67,420.00 110 TONS RESOLUTION NO. 08-344 WHEREAS, bids were solicited for a six(6)month contract for the purchase of liquid chlorine for use by the Water Utilities Department; and, WHEREAS, Altiva Corporation of Houston, Texas, submitted a bid for an estimated total expenditure of $57,420 in the unit amounts shown below: TONS PRICE /TON TOTAL 110 $522 $57,420 and, WHEREAS, City Council is of the opinion that the bid submitted by Altiva Corporation of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Altiva Corporation, Houston, Texas, for the purchase of liquid chlorine in the unit prices shown above for an estimated total expenditure of $57,420 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2009. - Mayor Becky Ames - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Councilmember is elected Mayor Pro Tempore for a one (1) year term. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2009. - Mayor Becky Ames - C RICH WITH OPPORTUNITY r , T - E • x • A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 30, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to execute a letter of understanding with Beaumont Coca-Cola, to provide resources to the City of Beaumont during a declared disaster. RECOMMENDATION The Administration recommends approval. BACKGROUND The City of Beaumont's Emergency Preparedness Plan for the hurricane season identified resources that would be needed in the event of a declared disaster. Informal bids were solicited for bottled water and sports drinks. Beaumont Coca-Cola will furnish and deliver bottled water and sports drinks to the City of Beaumont seventy-two (72) hours prior to the expected landfall of a hurricane. The City will pay $5.25 per case of water. The sports drinks will cost $12.25 per case. Bid tabulations are attached. BUDGETARY IMPACT The budgetary impact of enacting these letters of understanding is contingent upon the occurrence of a declared disaster and the degree of resources needed at that time. BID TABULATION: BOTTLED WATER FOR EMERGENCY SERVICES AND SPORTS DRINKS BID OPENING DATE: WEDNESDAY,JUNE 17,2009 10:00 AM BID NO.: Pi0609-31 El Vendor Beaumont Coca-Cola Pepsi Bottling Group BKW Environmental Quest Cleaning Centers City/State Beaumont, Tx Beaumont, Tx Pasadena, Tx Beaumont, Tx Description Case Price Ext.Price Case Price Ext. Price F Case Price Ext.Price Case Price Ext.Price BOTTLED WATER 2800 16 OZ BOTTLE,24/CS,200 CS/DAY FOR 14 DAYS $5.25 $14,700.00 $0.00 $6.51 $18,228.00 $0.00 2240 24 OZ BOTTLE,24/CS,160 CS/DAY FOR 14 DAYS $0.00 $0.00 $0.00 $0.00 3733 12 oz BOTTLE,24/CS,260 CS/DAY FOR 14 DAYS $5.25 $19,596.25 2800 16.9 oz BOTTLE,24/CS,200 CS/DAY FOR 14 DAYS $5.50 $15,400.00 $9.40 $26,320.00 1750 25.30 oz BOTTLE,241CS,125 CS/DAY FOR 14 DAYS $14.68 $25,690.00 TOTAL $34 298.26 IF $16,400.0011 $18,228.0011 $52,010.0011 Vendor Beaumont Coca-Cola Pepsi Bottling Co. KW Environment al Quest Cleaning Centers Inc. City/State Beaumont, Tx Beaumont,Tx Pasadena, Tx Beaumont, Tx Dis6n—ption Case Pnce xt. rice Case Pnce I Ext.Price Case Price Ext.Price Case nce xt. rice SPORTS DRINK 1200 16 OZ BOTTLE,24/CS $0.00 $0.00 $0.00 $0.00 1200 24 OZ BOTTLE,24/CS $0.00 $0.00 $0.00 $0.00 L700— OTTLE,24/CS $8.75 $10,500.00 20 OZ BOTTLE,24/CS $12.25 $14,700.00 $17.00 $20,400.00 $28.80 $34,560.00 $55.00 $66,000.00 TOTAL 25,200.00 20,400.00 34 560.08 66,000.00 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 a letter of understanding with Beaumont Coca-Cola Bottling Company to provide resources to the City of Beaumont during a declared disaster. The letter of understanding 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 30th day of June, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY 1111CMA11111C111 T • E • X - A • S City of Beaumont June 30,2009 ATTN: Robert Marshall,OP District Sales Manager Beaumont Coca-Cola 11450 Eastex Freeway Beaumont,TX 77708 Re: Letter of Understanding for the Purchase of Bottled Water and Sports Drinks Bid No.Pi0609-31 Dear Vendor: This Letter of Understanding executed this 30th day of June ,2009,between the City of Beaumont("City")and Beaumont Coca-Cola("Contractor"). This Letter of Understanding sets forth the understanding of the parties pertaining to the services to be provided to the City by Contractor. In consideration of Bid Pi0609-31 submitted by Contractor for furnishing and delivering bottled water and/or sports drinks as needed to City facilities in the event of a declared disaster,the City will pay the amounts as indicated on the attached pricing sheet. The City retains the right to adjust quantities by increasing or decreasing,as needed. After notification,the week's water supply shall be delivered approximately seventy-two (72)hours prior to the expected landfall of a hurricane. A second delivery, after notification,shall be made approximately forty-eight(48)hours after landfall and deliveries shall continue periodically as needed. Deliveries may be required on weekends or holidays. Deliveries are required within twenty-four(24)hours of notification. It is understood and agreed that the Contractor is an independent contractor and Contractor agrees to save and hold harmless, indemnify and defend the City, its officers,agents and employees from and against any liability claim,cause of action,damages, personal injury or death arising out of or in connection with the services performed or to be performed by the Contractor pursuant to this agreement. This understanding shall be in effect for a period of one(1)year beginning on the date of execution of this Letter of Understanding. At the end of this contract period,the City may renew this contract for one(1)additional year at the prices quoted. There shall be no increase in price should an extension be granted. Any terms and conditions stated in the original specifications will apply to any extended periods. Approval on behalf of the City to renew the contract shall be made by the City Manager or his designee. Either party to the contract may decline to extend by stating so in writing to the other party no later than sixty (60) days prior to the beginning of the next hurricane season or June 1. This contract may be terminated for convenience at any time during the performance period unless extended by the City. CITY OF BEAUMONT,TEXAS BEAUMONT COCA-COLA By: By. Kyle Hayes Robert Marshall Title: City Manager Title: OP District Sales Manager Date: Date: Purchasing Division/Finance Department • (409) 880-3720 • Fax (409) 880-3747 P.O.Box 38" •3827 EXHIBIT "A" PRICING SHEET BEAUMONT COCA-COLA Phone 409-899-5080 • Fax 409-898-9385 Purchase of Bottled Water and Sports Drinks City of Beaumont,Texas Bid No.Pi0609-31 BOTTLED WATER QTY.* BOTTLED WATER UNIT PRICE TOTAL PRICE 2,800 16 oz.bottles,24 bottles per case, $5.25/cs. $14,700.09 cases 200 cases per day for 14 days 2,240 24 oz.bottles,24 bottles per case, no bid no bid cases 160 cases per day for 14 days specify 12 oz.bottles $5.25/cs. $19,598.25 number of cases: 24 bottles per case 3,733 267 cases per day for 14 days to total 8,400 gallons * Quantities estimated based on 1 gallon per person per day for 600 employees for 14 days. Total estimated quantity is 8,400 gallons in individual serving size bottles. Deliveries are required within twenty-four(24)hours of notification. BOTTLED SPORTS DRINKS QTY. * BOTTLED SPORTS DRINKS UNIT PRICE TOTAL PRICE 1,200 16 oz.bottles,24 bottles per case $8.75/cs. $10,500.00 cases (bid for 12 oz.bottles) 1,200 24 oz.bottles,24 bottles per case no bid no bid cases 1,200 20 oz.bottles $12.25/cs. $14,700.00 cases 24 bottles per case LIST FLAVORS AVAILABLE: 1) Lemon Lime 6) 2) Mountain Blast 7) 3) Orange 8) 4) Grape 9) 5) Fruit Punch 10) RICH WITH OPPORTUNITY r T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 1 PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: June 30, 2009 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of property for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-seven (67) parcels of land from East Lucas to Highway 105 are being acquired. The owners of the property listed below, have agreed to convey their property to the City: Parcel #34 0.0445 acre out of the Concord Place Townhomes, Frederic Bigner Survey (5520 Concord Road) Value: $10,100.00 Owners: Sam C. Parigi, Trustee BUDGETARYIMPACT Funds are available in the Capital Program. engconcord_place-ib.wpd 22 June 2009 RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit"A"and shown on Exhibits"B"and "C,"attached hereto, for the Concord Road Pavement Widening Project: Parcel #34: 0.0445 acre out of the Concord Place Townhomes, Frederic Bigner Survey (5520 Concord Road) Value: $10,100.00 Owners: Sam C. Parigi, Trustee NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2009. - Mayor Becky Ames - February 2009 Parcel 34 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 34 Being a 0.0445 acre (1937 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, said tract being out of and part of Concord Place Townhomes recorded in Volume 2 page 116 and 117 of the Condominium Records of Jefferson County Texas, said 0.0445 acre of land being more particularly described as follows; COMMENCING at an 1" iron pipe found for the most Northerly corner of the said Barry tract and being the most Easterly corner of the said Concord Place Townhomes; THENCE, SOUTH 32°09'43" WEST along the boundary line between the said Barry tract and the said Concord Place Townhomes for a distance of 225.56 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way line of Concord Road, said point being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 32°09'43" WEST, continuing along the boundary line between the said Barry tract and the said Concord Place Townhomes for a distance of 12.44 feet to a point for corner, said point being the most Westerly corner of the said Barry tract and the most Southerly corner of the said Concord Place Townhomes, and from said corner a 1/2" iron rod bears SOUTH 32 009'43" WEST 1.23'; 2) THENCE, NORTH 61°57'21" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 19.34 feet to a point for corner, said corner being the beginning of a curve turning to the left having a radius of 1303.24 feet and being subtended by a chord bearing NORTH 65°26'42" WEST having a chord length of 158.62 feet; 3) THENCE NORTHWESTERLY, along and with said curve and the existing Northeast right-of-way line of Concord Road, for an arc length of 158.72 feet to a point for corner, said point being the Southwesterly corner of the said Concord Place Townhomes and also said point being the Southeasterly corner of that certain called 3.151 acre tract having been conveyed to Wallace A Domingue, and wife, Bettye Jean Domingue from Tula Marie Comstock by deed dated August 13, 1974, and being recorded under Volume 1844 page 277 of the Condominium records of Jefferson County, Texas, and from said corner a concrete monument bears SOUTH 02°59'00" EAST 0.53'; EXHIBIT "A" February 2009 Parcel 34 Page 2 of 4 EXHIBIT 4) THENCE, NORTH 02 059'00" WEST, along the boundary line between the said Concord Place Townhomes and the said Domingue tract for a distance of 9.47 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeasterly line of Concord Road, said corner being the beginning of a curve turning to the right having a radius of 1270.00 feet and being subtended by a chord bearing SOUTH 66°18'11" EAST having a chord length of 183.97 feet; 5) THENCE SOUTHEASTERLY, along and with said curve and the proposed Northeasterly right-of-way of Concord Road, for an arc length of 184.13 feet the POINT OF BEGINNING and containing 0.0445 acre (1937 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed February 2009 GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF FEBRUARY 2009. F n via . I .E. o . E s s e., Mark W. Whiteley, RPLS #3636 ' SuFk LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT xx PARCEL NUMBER o FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE P.O.0 PARCEL 34 FND. 1° 1. PIPE EXISTING ROW LINE PROPERTY LINE SURVEY LINE COUNTY LINE .CONCORD PLACE TOWNHOMES VOL. 2 PG 116 & 117 CRJC CALLED 0.806 ACRES ASHLEY BARRY AND CALLED 3.151 ACRES LINDSAY BARRY WALLACE A. DOMlNGUE, et ux P.O.B. JULY 18, 2007 PARCEL 34 CF. NO. 2007027869 AUGUST 13, 1974 OPRJC VOL. 1844 PG 277 DRJC CONCORD ROAD FND 1/2" 1. ROD BEARS 532.09'43"W 1.23' FND CONC. MONO. BEARS S02.59'00'E 0.53' PARENT TRACT N.T.S. NOTES: EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAD 83), 1993 ADJUSTMENT. ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY A COMBINED ADJUSTMENT FACTOR OF . BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. OF .Y! EY ......... . �' '•.° 5 EXISTING TAKING REMAINING •s ACRES ACRES/(S.F.) ACRES PARCEL 34, +MARK . WHITELEY 1. 56 0.0445/(1937) 1, 5155 D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, SHOWING r�ORS, AND PLANNERS PARCEL 3 4 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-B92-1346 SCALE 1 ' = 50' FEBRUARY 2009 SHEET 3 OF 4 N57°50'1 6"W 359.83' (N53°38'30"W 359.15') P.O.C. PAR. 34 FND 1" I. PIPE w Q°� F ao s�gA a � �� Lo - w too co O°in 000 00 '° c", CONCORD PLACE TOWNHOMES N "N n VOL. 2 PG 116 & 117 N z r'00, CRJC �r m� � j o � o 0 (0 - d' N o N CALLED 0.806 ACRES � N U' r� ASHLEY BARRY AND LINDSAY BARRY M ° z � J�z. n JULY 18, 2007 _2 CF. NO. 2007027869 OPRJC = 176+11,61 x x z 40,OORT CALLED 3.151 ACRES 0 N^ WALLACE A. DOMINGUE, et ux Of AUGUST 13, 1974 P.O.B. PAR. 34 _ ° 00, Do VOL. 1844 PG 277 DRJC 34 C6 177+89.94 C2 PROPOSED RIGHT OF WAY -5- 40-OORT L2 -� z x _x N EXISTING RIGHT OF WAY w o x J �� J FND CONC. MONU. BEARS ��+00 N60.24'00"W 228.18' � n S02'59'00"E 0.53' FND 1/2" I. ROD BEARS cn N o F3ASE��NE C 0 N C 0 R D R 0 AD s32 09 43 W 1.23 ROPOSE� PARCEL PLAT P PI STA = 177+86.87 x `� N — SHOWING LINE BEARING DISTANCE 8123 000 PARCEL 34 > L1 S32'09'43'1N 1244' T212.8169' CONCORD ROAD JEFFERSON COUNTY :D L2 N61'57'21"W 19.34' L421.4611' L3 402'59'00"W 9.4 7'— Ch419.4023' D04°39'29" SCALE 1 " = 50' FEBRUARY 2009 D0 SHEET 4 OF 4 1 UNIT NUMBER UNIT tYPE—� No.2 3].3] A 32.42' g I , No.12 No.l2 p I ?° I 10 I TYPICAL UNIT 8 g No.II No.11 6 4f I ° N I E9 O ,oO Na 10 Z A o N 32.02 o It o o A m No.9 Na 9 m A N TYPICAL UNITS s i m NOTES: I. THESE FLOOR PLANS WERE COMPILED FROM ARCHITECTU- RAL DRAWINGS DATED DECEMBER,1978-PREPARED BY MOORE,STANSBURY B VAUGHT REGISTERED ARCHITECTS AND OD NOT REPRESENT AN AS-BUILT DRAWING. 2. ALL INTERIOR WALLS ARE 0.67'WIDE, 3. ALL EXTERIOR WALLS ARE 0.79 WIDE. A 1•Na.7 y-NO.7.N 17.33 r_�- N58°W 159.10' N e0°53 N ROAD —r CONC,ORD _STREET ADRESSES ARE BUILDING No.l BUILDING No 2 5530 CONCORD ROAD 5520 CONCORD ROAD 'DOWNSTAIRS UPSTAIRS DOWNSTAIRS UPSTAIRS 1-A T-A I-A 7-A 2-8 B-B 2-B B-B SECOND FLOOR PLAN 3-A 9-A 3-A 9-A -A D-A 6-A ,-A CONCORD PLACE TOWNHOMES 5-B 11-B 5-B 11-8 - 6-A 12-A 6-A 12-A BEAUMONT, JEFFERSON COUNTY, TEXAS T s-I.:I"=30' AUGUST,1979 BY m a g 4' f r P ir4m%-i 4evw P&m rp cp�s 4m�s KOHLER ENGINEERS 8 SURVEYORS am cl ff:dm i&a, 625 FOURTEENTH F.N.G70-8 BEAUMONT, TEXAS SHEET 2 of 2 E RICH WITH OPPORTUNITY r C � T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C50 PREPARED BY: Christopher S. Boone, Community Development Director MEETING DATE: June 30, 2009 REQUESTED ACTION: Council consider amending the resolution authorizing the City Manager to apply for and receive up to $900,000 to help redevelop neighborhoods through demolition and redevelopment of single-family homes. RECOMMENDATION Administration recommends approval. BACKGROUND On April 21, 2009, the City Council approved Resolution 09-109 authorizing the City Manager to apply for the Neighborhood Stabilization Program. This program is being administered by the Texas Department of Housing and Community Affairs (TDHCA). After review of resolution, TDHCA has requested that the resolution be amended to contain additional language that includes statements concerning the facts that the program is reimbursable, the City Manager must be specifically named, that he has the ability to apply for the program and represent the City and execute contracts. The Neighborhood Stabilization Program(NSP) is a HUD-funded program authorized by the "Housing and Economic Recovery Act of 2008" (HERA), as a supplemental allocation to the Community Development Block Grant (CDBG) Program. The purpose of the program is to acquire and encourage redevelopment of foreclosed, abandoned and blighted properties in order to stabilize neighborhoods and stem the decline of house values of neighboring homes. This program offers a variety of eligible activities, including offering refinancing mechanisms for foreclosed properties, demolition of properties and establishing land banks for foreclosed properties. Due to the limited amount of funding, the most advantageous use of the funds would be to identify unsafe and abandoned structures within a priority needs area and remove these blighted structures. The balance of the funding could then be used to reconstruct approximately five (5) homes in the redeveloped area. BUDGETARY IMPACT None. Funds would be available through this grant, with no required local match. RESOLUTION NO. WHEREAS, City Council approved Resolution No. 09-109 on April 21, 2009, authorizing the City Manager to apply for and receive funding in an amount up to$900,000 through the Neighborhood Stabilization Program provided by the Texas Department of Housing and Community Affairs (TDHCA); and WHEREAS, upon TDHCA review of the resolution, TDHCA has requested the amendment of Resolution No. 09-109 to contain additional language; and WHEREAS, City Council wishes to comply with TDHCA's request by amending Resolution 09-109; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Kyle Hayes, City Manager, be and he is hereby authorized to apply for, represent and execute a contract in an amount up to $900,000 through the Neighborhood Stabilization Program, a reimbursement program provided by the Texas Department of Housing and Community Affairs. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager -� -k�D. PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: June 30, 2009 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Homsar Pointe Blvd for Stoneleigh Apartments. RECOMMENDATION The Administration recommends approval of the following: • Homsar Pointe Blvd. approximately 400 feet east of existing N. Major Dr. (FM 364) to the end of roadway markers. • Storm sewer, water and sanitary sewer improvements for Homsar Pointe Blvd right- of-way only. BACKGROUND The aforementioned improvements in Homsar Pointe Blvd for Stoneleigh Apartments passed final inspection from all entities involved on May 21, 2009. BUDGETARYIMPACT None o22 INDIAN x ci ORRES V) CHERYL m GLADE v _>BLACKWELL m z NEUMANN n rn o a sT � O 9✓0� ��Nd �L N y '!f> p ALPINE 0 BEDFORD q�Crq q� LAMPMAN CHISHOLM NAVAJO u RICKI H � MARCUS CASWEL o OLD DOWLEN ° 0 ° 0 N �� 2 > 0 DOWLEN o m 0 0 O� r CL^ <F WEST GE RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Homsar Pointe Boulevard for Stoneleigh Apartments have been completed as follows: Street • Homsar Pointe Blvd. approximately 400 feet east of existing N. Major Dr. (FM 364) to the end of roadway markers. Storm Sewer, Water and Sanitary Sewer Improvements • Homsar Pointe Blvd. right-of way only. 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 has determined 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 Homsar Pointe Boulevard for Stoneleigh Apartments, 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 30th day of June, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY I'Em � T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER JUNE 30, 2009 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1, 5-8/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Conduct an election of Mayor Pro Tempore 2. Consider approving a zone change from RS (Residential Single Family Dwelling) District to RM-H(Residential Multiple Family Dwelling-Highest Density)District at 5875 E. Major Drive 3. Consider approving a zone change from RS (Residential Single Family Dwelling) District to RM-M(Residential Multiple Family Dwelling-Medium Density) District at 3840 Travis 4. Consider amending a specific use permit to allow the expansion of a charter school in a (General Commercial-Multiple Family Dwelling)District at 4069-4079 Calder Avenue 5. Consider approving the purchase of a Digital Mobile Video System for police vehicles in the Police Department 6. Consider authorizing the City Manager to apply for and receive funding from the Texas Weatherization Assistance Program 7. Consider approving a six (6) month contract for the purchase of cement liner materials used for manhole rehabilitation 8. Consider authorizing the City Manager to execute an agreement for the use of the stables at Tyrrell Park 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: Kenneth Allison, et al v. Mustang Tractor Holiday Inn Midtown/U.S. Cheema, Inc. 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 June 30, 2009 Conduct an election of Mayor Pro Tempore According to the City Charter,the City Council shall elect one of its members as Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of the office, and, if a vacancy occurs, shall become Mayor for the unexpired term. If the Mayor Pro Tempore is unwilling to assume the duties of Mayor in the event of a vacancy in that office, then the City Council shall appoint a Mayor Pro Tempore from its membership. 2 June 30, 2009 Consider approving a zone change from RS (Residential Single Family Dwelling)District to RM- H (Residential Multiple Family Dwelling-Highest Density) District at 5875 E. Major Drive RICH WITH OPPORTUNITY 11 r Ai 11 1�1 C1 111 ( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G)0 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 30, 2009 REQUESTED ACTION: Council consider a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 5875 E. Major Drive RECOMMENDATION The Administration recommends denial of the zone change. BACKGROUND Cornell Price III has applied for a zone change. Mr. Price states that the purpose of the rezoning is to allow the construction of a small apartment complex consisting of 10 to 16 units. The subject property, at the southwest corner of Highway 105 and E. Major is adjacent to single family uses on the south and west. This "residential pocket" is surrounded by Highway 105 to the north, East Major Drive to the east and south and the LNVA Canal to the west. In addition, RS zoning surrounds the subject property. The nearest RM-H zoning on the north side of Hwy. 105 is located on Alpine Circle. South of Hwy. 105, the nearest RM-H zoning is located approximately 415' to the east and is occupied by a church. In 2004, a request to rezone this property to GC-MD was denied by the City Council. At the time, the applicant stated that the property had limited value as single family residential property. This request could be considered"spot zoning". The following four issues must be resolved to determine whether a"spot zoning" situation exists: 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? The subject property is surrounded by RS zoning. This request would not comply with the zoning plan for the area and would allow the encroachment of multiple family uses into a single family area. • 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 or less restrictive, are likely to be invalid. This zone change request would be inconsistent with the zoning of the surrounding area. The subject property is adjacent to single family residential uses to the west and south. This zone change would allow the encroachment of high density residential into a single family area. • 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 could be developed as single family residential. Within the past 15 years, properties to the west with frontage on Highway 105 have developed as single family residential. • 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 zone change request does not meet Condition 4. At a Joint Public Hearing held June 15, 2009, the Planning Commission recommended denial 6:0 of a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 5875 E. Major Drive. BUDGETARY IMPACT None. 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 5875 E. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to RM- H (Residential Multiple Family Dwelling - Highest Density) District for property located at 5875 E. Major Drive, being part of Tract 131, Plat RS4, W.B. Dyches Survey, City of Beaumont, Jefferson County, Texas, containing 0.58 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. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2009. - Mayor Becky Ames - File 199Q-Z: Request for a zone change from RS (Residential Single Family Dwelling) . District to RM-H(Residential Multiple Family Dwelling-Highest Density) District. Location: 5875 E.Major Drive Applicant: Cornell Price III 0 50 100 200 300 400 Feet I i I I i I R-S a Legend G� R-S ® 19902 R-S ZCO O� O R-S SIERRA CIR R-S R-S r Z.. 0 RM-H HWY 105 RM- R- E MAJOR DR R-S EXHIBIT "A" 3 June 30, 2009 Consider approving a zone change from RS (Residential Single Family Dwelling) District to RM- M(Residential Multiple Family Dwelling-Medium Density)District at 3840 Travis RICH WITH OPPORTUNITY r ►11 1�1 C1 114( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G�7 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 30, 2009 REQUESTED ACTION: Council consider a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District at 3840 Travis. RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND Frank Tobias, representing Nutrition & Services for Seniors (N&SS), has applied for a zone change. Mr. Tobias states that the need for N&SS's services has grown tremendously in the last few years. Their existing facility at 4590 Concord includes a congregate center, kitchen facilities where meals are prepared, office facilities and parking. The subject property is directly behind N&SS's facility. In 1997, City Council approved the rezoning of 0.3 acres immediately to the east of N&SS to RM-M and approved a specific use permit to allow the expansion of N&SS' building and parking lot. N&SS is now in need of the additional parking lot that will be constructed on the Travis Drive property. If the zone change request is approved, Nutrition & Services for Seniors is aware that a specific use permit will be required prior to construction of the parking lot. At a Joint Public Hearing held June 15, 2009, the Planning Commission recommended approval 6:0 of a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District at 3840 Travis. BUDGETARY IMPACT None. 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 RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING - MEDIUM DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3840 TRAVIS, 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 RS (Residential Single Family Dwelling) District to RM- M (Residential Multiple Family Dwelling - Medium Density) District for property located at 3840 Travis, being Tract 179, Plat D-14, A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 0.85 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. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2009. - Mayor Becky Ames - File -Z: Request for a zone change from RS (Residential Single Family Dwelling) District to RM M (Residential Multiple Family Dwelling Medium Density) District or more restrictive district. Location: 3840 Travis Applicant: Nutrition &Services for Seniors 0 50 100 200 Feet l i I I Legend ® 1989Z R-S rciJ V� �2 00 R-S /YO R-S RM-M Q� R=S D W r Z CO CO R- O �c ,QO R-S GC-MD R-S EXHIBIT "A" 4 June 30, 2009 Consider amending a specific use permit to allow the expansion of a charter school in a(General Commercial-Multiple Family Dwelling) District at 4069-4079 Calder Avenue RICH WITH OPPORTUNITY 17C A. � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G)3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 30, 2009 REQUESTED ACTION: Council consider an amended specific use permit to allow the expansion of a charter school in a(General Commercial-Multiple Family Dwelling) District at 4069- 4079 Calder Avenue. RECOMMENDATION The Administration recommends approval of the amended specific use permit, subject to leaving one driveway open on Calder, one driveway open on 24`" Street and one driveway open on Phelan. BACKGROUND Ahmet Cetinkaya, representing Harmony Science Academy, has applied for an amended specific use permit. In 2007, City Council approved a specific use permit to allow Harmony Science Academy, a charter school, to operate in a former Market Basket store at 4055 Calder. The school teaches students in the K-10 grade levels. Since its opening, the school has been rated Recognized in 2008 by the Texas Education Agency. Harmony Science Academy would now like to expand into a 4,200 sq. ft. vacant commercial building that is located northwest of the school's current location. The building will be used for additional classrooms. The building is located on the same property as the school and was originally part of a commercial development that included the Market Basket grocery store and various retail shops. The school currently has 350 students and 30 teachers. The number of teachers will expand to 35 next school year. Normal hours of operation are 8 a.m. - 2:45 p.m. with after school activities running until 4:00 p.m. Harmony Science Academy has plans to construct a wrought iron fence along the north, east and south sides of the property. Along the west property line, an 8' tall wood fence is to be constructed. Ingress and egress will be limited to Phelan Boulevard. At a Joint Public Hearing held June 15, 2009, the Planning Commission recommended approval 5:0:1 of an amended specific use permit to allow a the expansion of a charter school in a (General Commercial-Multiple Family Dwelling) District at 4069-4079 Calder Avenue, subject to leaving one driveway open on Calder, one driveway open on 24`" Street and one driveway open on Phelan. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMITTO HARMONY SCIENCE ACADEMY TO ALLOW THE EXPANSION OF A CHARTER SCHOOL IN A GC-MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT AT 4069 - 4079 CALDER AVENUE. WHEREAS, on April 3, 2007, City Council approved Ordinance 07-040 issuing a specific use permit to The Cosmos Foundation, Inc., dba Harmony Science Academy, to allow a charter school in a GC-MD(General Commercial-Multiple Family Dwelling) District for property located at 4055 Calder Avenue; and, WHEREAS, the applicant, Harmony Science Academy, wishes to amend the specific use permit to allow the expansion of the charter school at 4069-4079 Calder Avenue, being Block 1, Caldwood Plaza Addition, City of Beaumont, Jefferson County, Texas, containing 2.97 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow the expansion of the charter school at 4069-4079 Calder Avenue; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the following conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance 07-040 be amended by amending the specific use permit granted to Harmony Science Academy, its legal representatives, successors, and assigns for that certain tract shown on Exhibit"A"attached hereto and made a part hereof for all purposes, to allow the expansion of the charter school at 4069-4079 Calder Avenue subject to leaving one driveway open on CalderAvenue, one driveway open on 24th Street and one driveway open on Phelan Boulevard. Section 2. Notwithstanding the site plan attached hereto as Exhibit"B", the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 07-040 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2009. - Mayor Becky Ames - FROM- : Request for an amended specific use permit to allow the expansion of a charter school in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 4069-4079 Calder Avenue Applicant: Harmony Science Academy 0 50 100 200 300 400 Feet l i I I I I Legend n 1988P 27 SCOTCH W R-S 3 n GC MD -1 ;gfi � N city UJ) �nr YA rc CALDER AVE i4 R-S BROADWAY ST W R-S WE PHELAN BLVD PHELAN BLVD y'. r C�'s � i-r'�t •hr'ta•r£-v4TC�. `3�`s�xry� .+* �} :��i ? � k ( R p- '�Py -' 4 /- �� -'i"' T n' �F y�Y�!' � � •l, 1. � -xl jY-t�� T }y`�-.t cJ tip' ) x •,r r fi : '"a -� � �a-t��f a_'}�Y�a��,�.x t�i a v �Y, t , J tF. r Y # { t ..t f it s� EXHIBIT "A" * Approval subject to leaving one driveway open on Calder, one driveway open on 24'Street and one driveway open on Phelan. CALDER AVENUE CENTER Calder Avenue & 24th. Street Beaumont, Texas J7706 .S-"r4oA)` FF'NcC- PHELAN BOULEVARD NORTH W Cl U SITE SUMMARY H 2 Building Area: 34,641 Sq. Ft. us to HARMONY SCIENCE ACADEMY 13- i Harmony Science Academy 34,641 SF 0 0 in M z 3 _ � m (50 1~n 11 2374" a� _ N if 1G 19 22 26 • S 1Q 11 "Lan Cq4QER��Ncs� ,. FNC/F WEINGARTEN REALTY HOVSrO1I.TMAS (713)866 6000 TOLL FREE(800)688 886S Land Area: 129,457 sf./ 2.97 Acres www.w.eingarten.com --�-��^ Rulldin Area: 34,641 sf. OO A ....."..'..::.'�"�w�.�.��'"..,'"..:�::....^......+............. 9 Scale: 1'a 20' lJ, """""�"' '"•'"�'�"�' Parking: 227 Spaces @ 6.� 11000sf. f j� Rev.: 01-04-2008 P ENce- 5 June 30, 2009 Consider approving the purchase of a Digital Mobile Video System for police vehicles in the Police Department RICH WITH OPPORTUNITY 11EA,UM0N*' T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 30, 2009 REQUESTED ACTION: Council consider approving the purchase of a Digital Mobile Video System (DMVS) for the Police Department. RECOMMENDATION The administration recommends approval of the purchase of a Digital Mobile Video System from Coban Technologies of Stafford, Texas in the amount of$487,726.64 and the additional purchase of a Server for the Video System from Dell Computers of Dallas, Texas in the amount of$1.0,000 for a total of$497,726.64. BACKGROUND Pricing for the DMVS is obtained through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. Pricing for the server is obtained through the Texas Department of Information Resources(DIR). The Texas Information Resources Act authorizes city governments to purchase from DIR cooperative contracts for hardware, software, and IT services. State law requires cameras to be used on certain law enforcement vehicles. The current video system is aging and parts are no longer available for repairs. The current video system has a single camera and audio microphone feed and records on a video cassette tape. The DMVS captures, secures, stores and manages in-car video evidence. This system has features not available in the current system, including dual wireless audio microphones and both a forward dash-mounted camera and a rear seat camera. These features allow for greater accountability for maintaining chain of custody evidence requirements. Purchase of DMVS System April 2, 2009 Page 2 There are one hundred and ten (I 10)Police Department vehicles to be equipped with the DMVS system. Grant funding through the Department of Homeland Security 2007 Port Security grant and budgeted matching funds is available to equip fifty (50) vehicles and provide five(5)backup systems in Fiscal Year 2009. The remaining equipment, at a projected cost of$374,800, will be purchased in Fiscal Year 2010, if grant funding is awarded. The warranty provided is three (3)years. Coban Technologies will provide technical support and service. Delivery is expected in forty-five(45) days. BUDGETARY IMPACT Funding is available in the amount of $342,232.83 from the Department of Homeland Security 2007 Port Security Grant and $155,493.81 in matching funds from the Capital Reserve Fund. 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 approve the purchase of a Digital Mobile Video System (DMVS) in the amount of $487,726.64 and a server for the DMVS in the amount of$10,000, for a total of$497,726.64, from Coban Technologies of Stafford, Texas, through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program for use by the Police Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2009. - Mayor Becky Ames - 6 June 30, 2009 Consider authorizing the City Manager to apply for and receive funding from the Texas Weatherization Assistance Program RICH WITH OPPORTUNITY IIEA,UMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 65 PREPARED BY: Christopher S. Boone, Community Development Director MEETING DATE: June 30, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to apply for and receive up to $1,382,533 in funding from the Texas Weatherization Assistance Program. RECOMMENDATION Administration recommends approval. BACKGROUND The Texas Weatherization Assistance Program(WAP) is a Department of Energy-funded program authorized by the American Recovery and Reinvestment Act of 2009 (ARRA). The Weatherization Assistance Program is designed to increase the energy efficiency of dwellings owned or occupied by low-income persons and improve their health and safety, especially low income persons who are particularly vulnerable such as the elderly, persons with disabilities and families with young children Typical weatherization work includes the installation of attic and wall insulation, caulking, weather stripping, repair or replacement of inefficient appliances, doors, windows, and minor energy-related repairs. The type of weatherization that a household may receive is contingent upon a household's income eligibility and a comprehensive assessment of the household's energy use. Funding in the amount of$1,383,533 has been allocated to the City of Beaumont for this program. This level of funding should allow for the provision of service to approximately 175 homes, with five percent (5%) of the funding amount used for administration expenses. Application for this program would be made to the Texas Department of Housing and Community Affairs (TDHCA). BUDGETARY IMPACT None. Funds would be available through this grant, with no required local match. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Kyle Hayes, City Manager, be and he is hereby authorized to apply for, represent and execute a contract in an amount up to $1,382,533 through the Texas Weatherization Assistance Program, a reimbursement program provided by the Texas Department of Housing and Community Affairs. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2009. - Mayor Becky Ames - 7 June 30, 2009 Consider approving a six(6) month contract for the purchase of cement liner materials used for manhole rehabilitation RICH WITH OPPORTUNITY BEA,UMON* T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 30, 2009 REQUESTED ACTION: Council consider authorizing the award of a six(6) month contract for cement liner materials for manhole rehabilitation. RECOMMENDATION Administration recommends award of a contract to Standard Cement Materials, Inc., of Houston, Texas in the estimated amount of$105,840. BACKGROUND The City sanitary sewer system utilizes thousands of brick and mortar manholes. Over time, mortar deteriorates and gives way, creating voids which can allow the infiltration of storm water into the sanitary sewer system. This infiltration creates the potential for sanitary sewer overflows, which are public health risks, and are subject to fines by the Texas Commission on Environmental Quality(TCEQ). The Water Utilities Department has developed a Sanitary Sewer Overflow Initiative(SSOI)with the TCEQ which removes the threat of fines for overflows during a five(5)year period, providing the Department adheres to the action plan. A component of this plan is the rehabilitation of damaged manholes by spray applying a cement liner material to the interior of the manhole, and thereby filling the voids caused by deteriorated mortar. The SSOI requires the rehabilitation of 600 liner feet of manholes per month in order to avoid an administrative order or fine. Two bids were received for providing cement liner materials as indicated below. Specifications required a high strength dry cement product that would be mixed with water and spray applied one(1) inch thick that met certain strength, adhesion, shrinkage, and corrosive requirements. Bids were evaluated, based on their compliance with bid specifications, product coverage and cost. Cement Liner Materials for Manhole Rehabilitation June 30, 2009 Page 2 Bids received are as follows: Vendor Coverage Unit Price #of bags Approx. Approx. and when per month Monthly Six-Month Product applied to cover Cost Contract 1" thick 8,550 Sq. Ft. Standard Cement 9.5 sq. ft. $19.60/bag 900 $17,640 $105,840 Materials Houston, Texas 75 lbs./bag Reliner MSP Cement Enviro Remediation 9.5 sq. ft. $20.50/bag 900 $18,450 $110,700 Coatings Katy, Texas 75 lbs./bag EnviroSeal 10,000 BUDGETARY IMPACT This expenditure is budgeted in the Water Utilities Fund. 6 MONTH CONTRACT FOR CEMENT LINER FOR MANHOLE REHABILITATION BID OPENING DATE: THURSDAY JUNE 4, 2009 2:OOPM BID NUMBER: BF0409-14 Vendor STANDARD CE NEW MATE " ENVIRO REMEDIATION COATINGS City/State COST TOTAL COST TOTAL CEMENT LINER MATERIAL $19.60me $1051,840.00 $20.50/13AG $110,700.00 5,400 BAGS RESOLUTION NO. WHEREAS, bids were solicited for a contract to purchase cement liner materials for use by the Water Utilities Department for manhole rehabilitation; and, WHEREAS, Standard Cement Materials, Inc., of Houston, Texas, submitted a bid in the estimated amount of$105,840 in the unit amounts shown below: Coverage when Unit Price # of bags per month Approx. Monthly Approx. Six-Month applied 1" thick to cover 8,550 Sq. Cost Contract Ft. 9.5 sq. ft $19.60/bag 900 $17,640 $105,840 75 lbs./bag and, WHEREAS, City Council is of the opinion that the bid submitted by Standard Cement Materials, Inc., of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Standard Cement Materials, Inc., of Houston, Texas, for a contract to purchase cement liner materials for use by the Water Utilities Department for manhole rehabilitation for an estimated amount of $105,840 in the unit amounts shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2009. - Mayor Becky Ames - 8 June 30, 2009 Consider authorizing the City Manager to execute an agreement for the use of the stables at Tyrrell Park RICH WITH OPPORTUNITY 17C A► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: June 30, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to execute an agreement for the use of the stables at Tyrrell Park. RECOMMENDATION The Administration recommends approval. BACKGROUND In an effort to resume and support equestrian and stables related activities at Tyrrell Park, the staff met with Danielle Sams who is requesting the opportunity to develop a sustainable stables operation. These meetings went well and resulted in a proposed agreement. Under the proposed agreement, Mrs. Sams will clean, improve, and maintain the barn property and its associated grounds and pastures located north of the stables road. Mrs. Sams will have control of this property and may begin a stables operation there, after the property is cleaned up. The Parks and Recreation Department will assume responsibility for all of the property south of the stables road and retain the house locate there as an office. Mrs. Sams' proposed actions will complement the clean up of the general area which is now underway and help support a wider variety of family activities at the park. The proposed six month term may be extended for additional six month periods by agreement of the parties, and the agreement contains a 30 day cancellation clause. The proposed stables operation will benefit the park and will not interfere with or detract from other planned park uses in any way. The riding trails will continue to remain open to the general public. BUDGETARYIMPACT The agreement does not require the City to invest in the stables operation. Mrs. Sams will pay for her utilities and $350 per month for rent. 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 agreement with Danielle Sams for use of the stables at Tyrrell Park. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of June, 2009. - Mayor Becky Ames - Agreement between the City of Beaumont and Danielle Sams for the use of Tyrrell Park Stables Property In order to allow and support equestrian and stables related activities, the City agrees to allow Danielle Sams access to the Tyrrell Park Stables property subject to the conditions detailed below. Property Description Barn Property - Mrs. Sams will control the barn and its associated pastures north of the stables road to Downs Road extended. Term This agreement will have a term of six months and may be extended for additional six month periods by agreement of the parties. Insurance Mrs. Sams will acquire $1,000,000 in liability insurance with the city named as an Additional Insured prior to the commencement of equestrian activities. Clean Up and Move In Mrs. Sams will clean up the property under her control within 60 days from the date of execution. The structural elements will be cleaned, repaired, and painted. The grounds will be mowed and cleared. Such clean up will be completed before ongoing equestrian activities begin. Payment Mrs. Sams will pay the City$350 per month for rent and be responsible for the utilities for the Barn Property. The rent is due at the first of the month and late on the 10'. Utility payments will be invoiced and paid with the next rental payment. The City's Cash Management Office will issue payment instructions. Maintenance Barn Property and Pastures - Mrs. Sams will clean and maintain the grounds, structures, and fences. Cancellation This agreement may be cancelled by either parry with 30 days written notice delivered in person or by certified mail, return receipt requested,to the addresses listed below. Executed by the parties this day of , 2009. Kyle Hayes, City Manager Danielle Sams 801 Main Street, Suite 300 445 Jones Street Beaumont, Texas 77701 Bridge City, Texas 77611 EXHIBIT "A"