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PACKET SEP 28 2010
RICH WITH OPPORTUNITY BEA,UMON* T * E * % * A * S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 28,2010 1:30 P.M. CONSENT AGENDA * Approval of minutes- September 21,2010 * Confirmation of committee appointments Linda Cooper would be appointed to the Library Commission. The term would commence September 28,2010 and expire September 27,2012. (Councilmember Nancy Beaulieu) Kip Lamb would be reappointed to the Animal Health Advisory Committee. The current term would expire June 12,2012. (Mayor Becky Ames) Patrick Gibbs would be reappointed to the Planning and Zoning Commission. The current term would expire July 10,2013. (Councilmember Gethrel Williams-Wright) A) Approve a resolution to write-off uncollectible delinquent accounts totaling$58,997.19 B) Approve a resolution to write-off uncollectible delinquent accounts totaling$9,867.92 C) Authorize the City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to purchase services and/or goods from the Department of State Health Services D) Authorize signatories for execution of documents related to the Waterworks and Sewer System Revenue Bonds,Taxable Series 2010B (Build America Bonds -Direct Payment to Issuer) - _ 1 A 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: September 28, 2010 REQUESTED ACTION: Council consider approving a resolution to write-off uncollectible delinquent accounts. RECOMMENDATION The administration recommends approving a resolution to write-off uncollectible delinquent accounts totaling $58,997.19, for which each individual account exceeds $1,000.00. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. Accounts included are for transactions between 2007 and 2009 and collection efforts have been unsuccessful. A summary by receivable type is shown below. 1. EMS Ambulance Charges - $49,200.00 These charges from ambulance transports include uninsured claims or co-pay and deductibles that the customer should be responsible for. The original charge dates range from 2007 to 2009 and accounts have been uncollectible for at least one year. 2. Weed Abatement Charges - $2,783.25 Charges included in this total were sent to the collection agency in 2009. These accounts are difficult to collect because of limited owner information. 3. Retiree Insurance Charges - $3,013.94 These charges are for two retirees and were incurred in 2009. Insurance could not be cancelled retroactively, so collection was pursued through other means to no avail. The retirees are no longer participating in the retiree insurance program. Write-off Uncollectible Delinquent Accounts September 28, 2010 Page 2 4. Solid Waste Franchise Charges - $4,000.00 Solid Waste Franchise fees are calculated as a percentage of sales and are reported to the City by the companies. These charges were from a company resulting from an internal audit. A time pay arrangement was set up but no payments were received. The receivables were sent to a collection agency but the company has gone out of business. If at any time an account becomes collectible after having been written off,the receivable of the City shall be adjusted accordingly. The balance of the account shall be reinstated and payments shall be applied to that balance. BUDGETARYIMPACT None. City of Beaumont Accounts Receivables Greater than$1000 to be Written off EMS 49,200.00 Retiree Insurance 3,013.94 Weed Abatement 2,783.25 Solid Waste Franchise 4,000.00 58,997.19 I RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the write-off of the following uncollectible delinquent accounts totaling$58,997.19 for which each individual account exceeds$1,000, as shown on Exhibit "A" attached hereto: EMS Ambulance Charges $49,200.00 Weed Abatement Charges $ 2,783.25 Retiree Insurance Charges $ 3,013.94 Solid Waste Franchise Charges $ 4,000.00 PASSED by the City Council of the City of Beaumont this the 28th day September, 2010. - Mayor Becky Ames - City of Beaumont Accounts Receivable Greater than $1000 NAME AMOUNT BLUE,KIMBERLY Total 1,290.00 CAMPBELL, RECIL Total 1,330.00 CASSIMERE,ISIAH Total 2,680.00 COOK,RODNEY Total 2,870.00 DAIGLE,TIMOTHY Total 1,300.00 DOUCETTE,FLORENCE Total 1,150.00 DREW,CLARA Total 1,280.00 DUFFEK,LAURA Total 1,240.00 EASTEX,WASTE SYSTEMS INC Total 4,000.00 EDWARDS, DONALD Total 1,170.00 FRANKLIN,CATHY Total 1,170.00 GALLIEN,GREGORY Total 1,120.00 GREYS,BERNADETTE Total 1,340.00 GRIGGS,CHRISTINE Total 2,670.00 HAWKINS,FELICIA Total 1,260.00 HOLLOWAY,DANIEL Total 1,601.58 JACK,CODNEETO Total 1,280.00 JOSEPH,SHAMEKA Total 1,140.00 LANDRY,NICOLE Total 1,120.00 LEBLANC,THERESA Total 3,090.00 LEWIS,LEKEISHA Total 1,720.00 LONDON,RENEE Total 1,270.00 NEMETH,BRENDA Total 1,150.00 REDMON,DAVID E Total 1,412.36 RICH,JOHNNYE CLYDE Total 1,535.00 RICHARD,SONDRA Total 1,260.00 RUIZ,SANDRA Total 1,260.00 SAM,SHIRLEY Total 3,250.00 SANDERS,DELMAR F ESTATE Total 1,248.25 SOLIS,FELICIA Total 1,260.00 STEVENSON,DELICIA RENEE Total 1,270.00 TAYLOR,BENNY Total 1,280.00 WHEELER,GAYNELL Total 1,400.00 WHITE,OTIS Total 1,160.00 WILRIDGE,SHALONDA Total 3,110.00 WINFIELD,CLAYTON WAYNE Total 1,310.00 Grand Total 58,997.19 EXHIBIT "A" B RICH WITH OPPORTUNITY BEAUMON* T • E ,. X • A • S City Council A enda Item g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 28, 2010 REQUESTED ACTION: Council consider approving a resolution to write-off uncollectible water accounts. RECOMMENDATION The administration requests approval of a resolution to write-off uncollectible water accounts totaling $9,867.92 for which each individual account exceeds $1,000.00. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from September of 2007 through July of 2008. A detailed report is attached. Auditors have requested that uncollectible balances be cleared from subsidiary ledgers. If at anytime an account becomes collectible after having been written-off,the receivables of the City will be adjusted accordingly. The balance of the account will be reinstated and payments will be applied to the balance. In addition, the customer will not be able to obtain new water service with the City until the delinquent balance has been paid. BUDGETARYIMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT, in accordance with adopted policy, the Council hereby approves the write-off of uncollectible water accounts totaling $9,867.92 for which each individual account exceeds $1,000, as shown on Exhibit "A" attached hereto. PASSED by the City Council of the City of Beaumont this the 28th day September, 2010. - Mayor Becky Ames - PREPARED 9/17/10, 13:44:12 COLLECTION REPORT PAGE 1 PROGRAM UT212L COLLECTION AGENCY - > 91000 -COUNCIL APPROVAL City of Beaumont - Customer Service CUSTOMER ID/NAME ALTERNATE CUSTOMER ID PHONE NUMBER MAILING ADDRESS - - - - - - MISCELLANEOUS INFORMATION - - - - - - - - - - - - - - - - - - - - LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION DATE AMOUNT BALANCE DATE OFFENSES EXCEPTION --------------------------------------------------------------------------------------------------------------------------------- 392335 AC,UIRR.E,SANL.'OS (956) 655-4033 3902 JESENIA ST SAN JUAN TX 78589-9741 193318 1390 ELGIE ST 9/13/10 2,137.45 2,137.45 4/21/08 4 YES 34625 ASHLEY FURNITURE 020650472307 (409) 866-2646 6450 PHELAN BLVD BEAUMONT TX 77706-6047 274216 1450 NECHES ST 9/13/10 1,112.92 1,112.92 1/25/08 27 YES 64881 HANTBORNE,EDWIIA P 010140814211 (409) 299-7794 1605 EARL ST BEAUMONT TX 77703-3901 193318 1390 ELGIE ST 9/13/10 2,343.80 2,343.80 1/30/08 7 YES 382011 PATILLO,SBVIN (937) 474-3313 4246 VITEK DR DAYTON OR 45424-5705 132916 2775 WASHINGTON BLVD 9/13/10 1,376.67 1,376.67 .9/21/07 22 YES 391293 THIBODEAUX,JESSICA (409) 679-6540 4155 MAIDA RD APT 309 BEAUMONT TX 77708-3135 155594 3470 BrM IN 9/13/10 1,834.45 1,834.45 5/28/08 13 YES 393371 TYLER,JE2ffi4Y (713) 818-5259 1098 N 6TH ST BEAUMONT TX 77701-1008 M 412906 1098 SIXTH N ST 9/13110 1,062.63 1,062.63 7/14/08 8 YES /_� ... COLLECTION AGENCY TOTALS- 140. OF CUSTOMERS- 6 9,867.92 9,867.92 DELETED RECORDS .00 .00 D C RICH WITH OPPORTUNITY IIEA,UMON* T • E X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: September 28, 2010 REQUESTED ACTION: Council consider authorizing City Manager to execute all documents necessary for the Beaumont Public Health Department Vital Statistics Division to continue to purchase services and/or goods from the Department of State Health Services. RECOMMENDATION Administration recommends approval. BACKGROUND The Beaumont Public Health Department Vital Statistics Division will continue to purchase services and/or goods from the Department of State Health Services that will allow the search of databases to issue Certifications of Vital Records. BUDGETARY IMPACT The City reimburses the State$1.83 per record searched. The estimated annual expense is $10,500. DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2011-036113-001 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Performing Agency), an agency of the State of Texas, for DSHS Program Vital Statistics Unit and CITY OF BEAUMONT (Receiving Agency), a Government Entity. (collectively, the Parties). 1. Puruose of the Contract. Performing Agency agrees to provide and Receiving Agency agrees to purchase the services and/or goods as described in this Contract. 2. Total Amount of the Contract. The total amount of this Contract shall be determined by the number of birth certificates printed as a result of searches of the database. 3. Term of the Contract. This Contract begins on 09/01/2010 and ends on 08/31/2012. The Parties are not responsible for performance under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 4. Authority. Performing Agency enters into this Contract under the authority of Health and Safety Code, Chapter 1001. If this is an interagency, contract authority is also granted through the Texas Government Code, Interagency Cooperation Act, Chapter 771 et seq. If this contract is an interlocal, contract authority is also granted through the Texas Government Code, Interlocal Cooperation Act, Chapter 791 et seq. 5. Documents Forming Contract. The Contract consists of the following: : a. Core Contract(this document) b. Exhibits, if applicable Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by Performing Agency and Receiving Agency and incorporated herein through written amendment. This Contract may be modified within the Contract period by written amendment signed by both Parties. 6. Statement of Work. Performing Agency agrees to provide on-line computer services in support of Receiving Agency from 7:00 a.m. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an emergency or computer application error, Performing Agency may temporarily suspend services without advance notice. 92648-1 Receiving Agency will search Performing Agency databases, locate data, and issue Certifications of Vital Records to authorized individuals requesting such data. The certifications will be in a format formally approved by Performing Agency. No limit will be established on the number of searches per month not resulting in issuance of a certification, provided the number is reasonable. Receiving Agency will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note" paper, as specified by Performing Agency. Performing Agency will assist in connection of the equipment, furnish software program and provide technical assistance, if necessary. Receiving Agency acknowledges that records may not be located in the searching process instituted by Receiving Agency or records,which are located, may have errors due to: A) normal key-entry errors in spellings; B) accidental failure on the part of the Performing Agency to update a file for an amendment or paternity determination; and C) the event year does not exist on the system. Receiving Agency will notify Performing Agency in writing, at least monthly of errors or suspected errors that exist on the data base information. Receiving Agency.is to maintain an inventory control and account for each document produced on "bank note" paper, including voided documents. Receiving Agency is responsible for maintaining a system of vital record keeping that is in accordance with Chapters 195 of the Health and Safety Code and the regulations adopted there under. 7. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by DSHS or goods provided under this Contract: Name: Department of State Health Services Address: 1100 West 49h Street Austin, Texas 78756-3199 Vendor Identification Number: 35375375371000 8. Payment Method. Fee for Service 92648-1 Receiving Agency agrees to reimburse Performing Agency $1.83 (One Dollar and 83/100) for each Certification of Vital Record printed as a result of searches of the database. Receiving Agency agrees to charge the same base search fee for a birth certificate as Performing Agency. Additional fees may only be charged as authorized by Texas Health and Safety Code 191. 9. Billing Instruction. Performing Agency will submit a monthly itemized billing showing the number of transactions by date to Receiving Agency and payment will be made no later than thirty (30) days following the billing date. Payment will be considered made on the date postmarked. 10. Confidentiality. Parties are required to comply with state and federal laws relating to the privacy and confidentiality of patient and client records that contain Protected Health Information(PHI), or other information or records made confidential by law. Receiving Agency will maintain sufficient safeguards to prevent release or disclosure of any information obtained hereunder to anyone other than Receiving Agency employee(s) or those who have an official need for the information and are authorized to receive such records. Receiving Agency further agrees records obtained and issued, as specified under this contract, will be used for purposes as herein set out and the use of these records or data for other purposes must be agreed to in writing by both parties. 11. Security of Patient or Client Records, Receiving Agency agrees that all data received from Performing Agency shall be treated as confidential, and ensure all information provided to outsourced entities remains confidential and utilized as specified in any pertinent written agreements. Data will not be used for any purpose other than that specifically set forth herein. Data will not be made available to any other individual or organization without proper consent. Data will be maintained to prevent unauthorized access and will not be used to track back to any individual or organization identified by the data. Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will have access and will notify Performing Agency immediately should it detect a security violation by one of its employees or any other person. Receiving Agency is responsible for insuring that authorized Receiving Agency employee(s) use only their own individual passwords while logged into Performing Agency on-line computer applications. Performing Agency will inactivate any individual who does not use their account for ninety (90) days. Receiving Agency shall notify Performing Agency of all branch locations. 12. Suspension of Services Under This Contract In the event of an emergency or computer overload, Performing Agency may temporarily suspend services without advance notice. This Contract may be immediately suspended upon reasonable suspicion by Performing Agency that the terms of this Contract have been violated. Performing Agency further reserves the right to terminate this Contract if, after reasonable notice and investigation, it is concluded that a violation of this Contract has occurred. 13. Liabilitv for Harm. It is expressly understood that Performing Agency makes no guarantee of accuracy regarding the data provided to Receiving Agency under this contract. 92648-1 14. Termination. This Contract may be terminated by mutual agreement of both parties. Either party may terminate this Contract by giving 30 day's written notice of its intent to terminate. Written notice may be sent by any method, which provides verification of receipt, and the 30 days will be calculated from the date of receipt. This Contract may be terminated for cause by either party for breach or failure to perform an essential requirement of the Contract. Performing Agency reserves the right to limit or cancel access under this Contract should Performing Agency determine that is has insufficient capacity in its computer system to maintain current levels of transactions by Receiving Agency and/or that continued access by Receiving Agency is detrimental to the overall efficiency and operation of Performing Agency's computer systems. Any such limitation or termination of services will be upon written notice to Receiving Agency by Performing Agency. Upon termination of all or part of this Contract, Department and Receiving Agency will be discharged from any further obligation created under the applicable terms of this Contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination. 15. Terms & Conditions. A. Federal and State Laws, Rules and Ordinances. Parties shall comply with all applicable federal and state statutes, rules and regulations. B. Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, the Contract shall be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit shall be Travis County, Texas. C. Exchange of Client-Identifying Information. Except as prohibited by other law, Receiving Agency and Performing Agency shall exchange Public Health Information (PHI) without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Health and Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable law or rules. Contractor shall disclose information described in Health and Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Health and Safety Code §614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. D. Records Retention. DSHS shall retain records in accordance with the Department's State of Texas Records Retention Schedule, located at http://www.dshs.state.tx.us/records/schedules.shtm, Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. E. Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent 92648-1 and effect as if never incorporated, but all other provisions will continue. Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. F. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address first given above (or at such other address as the Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of receipt. G. Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. H. Waiver. Acceptance by either party of partial performance or failure to complain of any action, non-action or default under this Contract shall not constitute a waiver of either party's rights under the Contract. I. Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Chapter 2260 of Texas Government Code and implemented in the rules at 25 TAC §§1.431-1.447 shall be used by Performing Agency and Receiving Agency to attempt to resolve any claim for breach of contract made against Performing Agency. J. Inspections. Receiving Agency shall permit authorized Performing Agency personnel, during normal working hours, to conduct site visits and review such records as needed to ascertain compliance with the terms of this contract. K. Voided Records. i' To ensure compliance with Texas Administrative Code 181.24 Abused, Misused, or Flagged Records, Performing Agency is asking all Local office staff to be prudent in reviewing and checking record information on the computer screen prior to printing. The State Vital Statistics Unit does not honor nor encourage what some may consider "courtesy or free copies". All documents printed via the remote access system ate considered legal and viable documents. Every time a specific record is printed, it is counted. Once a record has been printed 10 times, it can no longer be issued without authorization from the State Vital Statistics Unit Office. Records printed by accident should be reported to the Security Manager to reset the lifetime count. The State Vital Statistics Unit is not responsible for: printers not being turned on, printing to wrong printer, printers not working properly, the accidental printing of a wrong record. In order to reset the lifetime count of a customer, Receiving Agency must notify Performing Agency Security Manager in writing to clear voided records from the remote access system's customer lifetime counts and the original voided certificate must be sent into the State Vital Statistics Unit Office. 92648-1 L. Credits. Performing Agency will handle credit requests on a case-by-case basis. Credits may be considered in those cases of emergency situations, i.e., equipment and systems failures or inclement weather. Receiving Agency shall submit these requests in writing along with pertinent documentation to provide justification to the State Registrar and/or designee for approval. Performing Agency will provide written documentation to the Receiving Agency on the status of the approval of credit requests. 16. Entire Agreement, The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CITY OF BEALIMONT By: By: Signature of Authorized Official Signature Date Date Bob Burnette, C.P.M., CTPM Printed Name and Title Director, Client Services Contracting Unit Address 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 City, State, Zip (512) 458-7470 Telephone Number Bob.Bumette @dshs.state.tx.us E-mail Address for Official Correspondence 92648-1 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 all documents necessary for the Beaumont Public Health Department Vital Statistics Division to continue to purchase services and/or goods from the Department of State Health Services that will allow the search of databases to issue Certifications of Vital Records. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2010. - Mayor Becky Ames - D RICH WITH OPPORTUNITY r T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 28, 2010 REQUESTED ACTION: Council consider authorizing signatories for execution of documents related to the Waterworks and Sewer System Revenue Bonds, Taxable Series 2010B (Build America Bonds - Direct Payment to Issuer). RECOMMENDATION Administration recommends Council authorize Kyle Hayes, City Manager, and Laura Clark, Chief Financial Officer, as signatories for documents related to the Build America Bonds issued August 12, 2010. BACKGROUND The American Recovery and Investment Act of 2009 authorizes the City to issue taxable bonds known as "Build America Bonds (Direct Payment to Issuer)" to finance capital expenditures that could be financed with the issuance of tax-exempt bonds and to elect to receive a subsidy payment from the federal government equal to 35% of each interest payment on such taxable bonds. The City issued Waterworks and Sewer System Revenue Bonds, Taxable Series 2010B (Build America Bonds - Direct Payment to Issuer) on August 12, 2010, which will mature September 1, 2021 through September 1, 2036 with interest payable semiannually in March and September beginning March 1, 2021. On August 10, 2010, the City Council approved an agreement with The Bank of New York Mellon Trust Company,N.A., for calculation services related to the Build America Bonds. The Bank of New York Mellon Trust Company,N.A., will complete Form 8038CP which must be filed before each semiannual interest payment in order to receive the 35% subsidy on that payment. In conjunction with that filing and any other paperwork required to be executed related to these bonds, The Bank of New York Mellon Trust Company has requested a resolution authorizing signatories for the documents. BUDGETARYIMPACT None. III RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Kyle Hayes, City Manager, and Laura Clark, Chief Financial Officer, be and they are hereby authorized as signatories for the execution of documents related to the Waterworks and Sewer System Revenue Bonds, Taxable Series 2010 B (Build America Bonds- Direct Payment to Issuer) issued on August 12, 2010. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2010. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEA,UMON* T - E - % - A - $ REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 28,2010 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition: * Public Comment: Persons may speak on scheduled agenda items 7-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District at 150 Lethia 2. Consider a request for a specific use permit to allow a professional office in an RCR-H(Residential Conservation and Revitalization-Highest Density)District at 2524 Broadway 3. Consider a request for a specific use permit to allow a vehicle storage and a paint and body shop in a GC-MD(General Commercial-Multiple Family Dwelling) District at 4965 Wall Street 4. Consider a request for a specific use permit to allow a pre-owned auto sales and payday loan business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 5710 Concord 5. Consider a request for a specific use permit to allow a plumbing contractor in a GC-MD(General Commercial-Multiple Family Dwelling)District at 605 and 780 S. 4`h Street 6. Consider a request for a specific use permit to allow a drive-thru restaurant in an NC (Neighborhood Commercial)District at the southeast corner of Delaware and Briarcliff 7. Consider authorizing the City Manager to execute a contract for the MLK King Jr. Parkway Waterline Extension Project 8. Consider approving the purchase of three (3) dump trucks, a hot patch asphalt truck, and a double drum-roller for use by the Streets and Drainage Department 9. Consider authorizing the City Manager to execute an Amendment to a Letter of Understanding with Union Pacific Railroad for the acquisition of property for the new Amtrak Station 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: Jacob Benfield v. City of Beaumont, Texas, et al Erik Kvarme, et al v. The City of Beaumont, Texas, et al Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 September 28,2010 Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District at 150 Lethia RICH WITH OIPDXTUXITT BEAUMON* T • Z • z • A • 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C)� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 28, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District at 150 Lethia. RECOMMENDATION The Administration recommends approval of the specific use permit subject to the following conditions: • The building must meet the 25' front yard building setback, 5' side yard building setbacks and 25'rear yard building setback • Since the building is to be moved onsite, it will meet the State of Texas Industrialized Housing and Building standards and conform to Sec. 30-35.1 of the Zoning Ordinance. • An 8'tall wood screening fence shall be constructed along the west and south property lines of the subject property. The fence along the west property line of the subject property will be waived if Magnolia Missionary Baptist Church purchases Lot 3,Block 8,North First Addition by September 20, 2012. and with a modification to the landscaping requirement along the west and south property lines(no 10' landscape strip). BACKGROUND Magnolia Missionary Baptist Church has applied for a specific use permit. The purpose of the request is to allow the expansion of its church facility. The church would like to move a 14' x 40'building onto a vacant lot across the street from the main church building. The building currently sits on other church property. They have purchased the subject lot and would like to move the building onto that property. The building will be used for the following purposes: • Sunday school classes every Sunday morning • Vacation bible school classes, arts/crafts facility • Tutorial and counseling facility(computer lab) for adults/youths • G.E.D. Progarm Preparation facility for church membership and community • G.R.A.C.E. (Giving Recovering Addicts and/or Others Change Environment) At a Joint Public Hearing held September 20, 2010, the Planning Commission voted 6:0:1 to approve a specific use permit to allow a church in an RS District at 150 Lethia, subject to the following conditions: • The building must meet the 25' front yard building setback, 5' side yard building setbacks and 25'rear yard building setback • Since the building is to be moved onsite, it will meet the State of Texas Industrialized Housing and Building standards and conform to Sec. 30-35.1 of the Zoning Ordinance. • An 8'tall wood screening fence shall be constructed along the west and south property lines of the subject property. The fence along the west property line of the subject property will be waived if Magnolia Missionary Baptist Church purchases Lot 3,Block 8,North First Addition by September 20,2012. and with a modification to the landscaping requirement along the west and south property lines(no 10' landscape strip). BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 150 LETHIA IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use permit to Magnolia Missionary Baptist Church to allow a church in an RS (Residential Single Family Dwelling) District located at 150 Lethia, being Lot 4, Block 8, First to North Addition, City of Beaumont, Jefferson County, Texas, containing 0.16 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 church in an RS (Residential Single Family Dwelling) District located at 150 Lethia, being Lot 4, Block 8, First to North Addition, City of Beaumont, Jefferson County, Texas, containing 0.16 acres, more or less, is hereby granted to Magnolia Missionary Baptist Church, its legal representatives, successors and assigns, as shown on Exhibit"A," attached hereto and made a part hereof for all purposes, subject to the following conditions: • The building must meet the 25' front yard building setback, 5' side yard building setbacks and 25' rear yard building setback; • Since the building is to be moved onsite, it will meet the State of Texas Industrialized Housing and Building Standards and conform to Sec. 30- 35.1 of the Zoning Ordinance; • An 8' tall wood screening fence shall be constructed along the west and south property lines of the subject property. The fence along the west property line of the subject property will be waived if Magnolia Missionary Baptist Church purchases Lot 3, Block 8, North First Addition by September 20, 2012; and • With a modification to the landscaping requirement along the west and south property lines (no 10' landscape strip). 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, 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 28th day of September, 2010. - Mayor Becky Ames - File. -P: Request for aspecific use permit to allow a church in an RS(Residential Ingle Family Dwelling) District. Location: 150 Lethia Street Applicant: Magnolia Missionary Baptist Church of Beaumont 0 100 200 I I I Feet Legend 'R M 2049P G G) -S N —�I LETHIA ST RM-M ��- 4-S R-S RCR Aye R-S �. R-S RCR i �5 R-S CR EXHIBIT "A" \�A I t � r x #a L t t.(. war ,Ill o t! lot • � t ;itt :� b 1 I t► ss �� t� 'y i ��ii�i� Al t Ora a t $ : *Approval subject to the following conditions: • The building must meet the 25'front yard building setback,5'side yard building setbacks and 25' rear yard building setback • Since the building is to be moved onsite,it will meet the State of Texas Industrialized Housing and Building standards and conform to Sec.30-35.1 of the Zoning Ordinance. An 8'tall wood screening fence shall be constructed along the west and south property lines of the subject property. The fence along the west property line of the subject property will be waived if Magnolia Missionary Baptist Church purchases Lot 3,Block 8,North First Addition by September; 20,2012. and with a modification to the landscaping requirement along the west and south property lines(no 10' landscape strip). " Ali I ai I MAGNOLIA WSSIONARY BAPTIST CHURCH NEW su+cruAnr II Nil I`f i• E Q • WA4M@LG TEXAS a EXHIBIT "B" 2 September 28,2010 Consider a request for a specific use permit to allow a professional office in an RCR-H (Residential Conservation and Revitalization-Highest Density) District at 2524 Broadway Alex RITZ OFFORTVNIYY BEAUMON* T . $ o a • A * s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 28, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a professional office in an RCR-H (Residential Conservation and Revitalization-Highest Density) District at 2524 Broadway. RECOMMENDATION The Administration recommends approval of the specific use permit. BACKGROUND The Beaumont Teachers Association has applied for a specific use permit. The office will be used by the Board of Directors of the Association as their meeting place and to keep files. The 10 member board officially meets once a month. In August, 2010, City Council approved a bookkeeping and tax service office in an adjacent space at 2522 Broadway. At a Joint Public Hearing held September 20, 2010,the Planning Commission voted 7:0 to approve a specific use permit to allow a professional office in an RCR-H District at 2524 Broadway. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PROFESSIONAL OFFICE INAN RCR- H (RESIDENTIAL CONSERVATION AND REVITALIZATION- HIGHEST DENSITY) DISTRICT LOCATED AT 2524 BROADWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use permit to the Beaumont Teachers Association to allow a professional office in an RCR-H (Residential Conservation and Revitalization-Highest Density) District located at the 2524 Broadway, being Lots 22-24, Block 45, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.25 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 professional office in an RCR-H (Residential Conservation and Revitalization-Highest Density) District located at the 2524 Broadway, being Lots 22-24, Block 45, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.25 acres, more or less, is hereby granted to the Beaumont Teachers Association, its legal representatives, successors and assigns, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. 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, 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 28th day of September, 2010. - Mayor Becky Ames - - : Request for a specific use permit to allow a professional office in an RCR-H (Residential Conservation and Revitalization-Highest Density) District. Location: 2524 Broadway Applicant: W.Moodye Williamson 0 100 200 I i I Feet R�Cr - Legend C-MD M 2052P I CALDER AVE C- D G -M R R- R ► R-H Ch BROADWAY ST RGR-H R R-H I ' I I ! t, fl EXHIBIT "A" 6co oF<<r Z�ZZ�Z�I it EXHIBIT "B" 3 September 28,2010 Consider a request for a specific use permit to allow a vehicle storage and a paint and body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4965 Wall Street I stet[ NITZ OFF03TVNITY BEAUMON* T • X • z • A • 6 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 28, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a vehicle storage and a paint and body shop in a GC- MD (General Commercial-Multiple Family Dwelling) District at 4965 Wall Street. RECOMMENDATION The Administration recommends approval of the specific use permit subject to the following condition: • If there is a discharge of water from drains or sumps, coordinate with Water Quality to discuss pre-treatment or grease and grit program. BACKGROUND Southeast Texas Holdem Recovery, LP has applied for a specific use permit. It is the intent of the company to work on and store vehicles of Martin Motors and/or their customers' vehicles. No paint and body work will be done for the general public. The firm will be storing an average of fifteen vehicles at any given time as well as working on an average of four vehicles in the paint and body shop. The applicant states that all environmental and safety regulations will be adhered to. An 875 sq. ft. addition to the existing building will be constructed. The paint and body shop will be housed within the building. An 8'tall screening fence has been constructed around the entire property. Shrubs will be planted on the exterior of the fence along the Sunnyside and Wall frontages. At a Joint Public Hearing held September 20, 2010,the Planning Commission voted 7:0 to approve a specific use permit subject to the following condition: • If there is a discharge of water from drains or sumps, coordinate with Water Quality to discuss pre-treatment or grease and grit program. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW VEHICLE STORAGE AND A PAINT AND BODY SHOP IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 4965 WALL STREET 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 Southeast Texas Holdem Recovery, LP, to allow vehicle storage and a paint and body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 4965 Wall Street, being Lots 21-24, Block 8, Sunnyside Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 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 vehicle storage and a paint and body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 4965 Wall Street, being Lots 21-24, Block 8, Sunnyside Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less, is hereby granted to Southeast Texas Holdem Recovery, LP, its legal representatives, successors and assigns, as shown on Exhibit"A," attached hereto and made a part hereof for all purposes, subject to the following conditions: • If there is a discharge of water from drains or sumps, coordinate with Water Quality to discuss pre-treatment or grease and grit program. 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, 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 28th day of September, 2010. - Mayor Becky Ames - File2054-P: Request for a specific use permit to allow vehicle storage and a paint and body hop in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 4965 Wall Street Applicant: Southeast Texas Holdem Recovery,LP 0 100 200 1 I I Feet Legend ® 2054P GC GC-MD WALL ST GE_ MD MD c I I v I10 ! t v M v COLLEGE ST GEC 77MD' GC= D EXHIBIT "N' rr CA OOP CP S 00 00 DO W 149.80 its s � © � 1'7' [i $��5 Rock pc' 6 B _..o .................. ............orkrovmY._....._-.. ... .,...,.. ......._....._.. R ....._.... 600 C1611 C) Tract .rn m ^r°yam '9s� dui Tract V ff� P OM CP ni w .w,, ._--...• _._. . . ' O ao M" ''g jig ....... a P ro 1 ucs�2apar N 000• 00'00""X149.80' 'Ry � ! �Z � �� gl n , � 9 i e Drive i 's � � ( su`nn s p� (66' o Pudb a- *Approval subject to the following condition: • If there is a discharge of water from drains or sumps,coordinate with Water Quality to discuss pre-treatment or grease and grit program. 4 September 28,2010 Consider a request for a specific use permit to allow a pre-owned auto sales and payday loan business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 5710 Concord ssas wzsx ossossvxsss BEAUMON* T • $ • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager/ C�5` PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 28, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a pre-owned auto sales and payday loan business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 5710 Concord. RECOMMENDATION The Administration recommends approval of the specific use permit subject to the following conditions: • The applicant shall provide one ADA space with an accessibility aisle in the parking lot • Provide five trees along the Concord Road frontage • Since a building is being moved onsite, it will meet the State of Texas Industrialized Housing and Building Standards and conform to the Sec. 30-35.1 of the Zoning Ordinance BACKGROUND Nikolas Klironomos, G.M.K. Original, LLC, has applied for a specific use permit. In August, City Council approved a zone change from RM-H to GC-MD-2. At that time, Nikolas Klironomos,the property owner, said that he would like to operate a used car lot and a payday loan business at the northwest corner of Concord and Gober. Mr. Klironomos states that he will be placing a 750 sq. ft. building on the property to be used for office space for the business. At a Joint Public Hearing held September 20, 2010,the Planning Commission voted 7:0 to approve a specific use permit to allow a pre-owned auto sales and payday loan business in a GC- MD-2 District at 5710 Concord, subject to the following conditions: • The applicant shall provide one ADA space with an accessibility aisle in the parking lot • Provide five trees along the Concord Road frontage • Since a building is being moved onsite, it will meet the State of Texas Industrialized Housing and Building Standards and conform to the Sec. 30-35.1 of the Zoning Ordinance BUDGETARYIMPACT None. August 25,2010 City of Beaumont Building Codes 801 Main Street Beaumont,Texas 77701 Re: 5710 Concord Beaumont Texas To whom it may concern: This letter is to inform council of the specific use of the property located at 5710 Concord Road Beaumont_,Texas 77708.We purpose to use the property for pre-owned auto sales,title and payday loans. The building is height is 17',and total space is 750 sq.ft.,and includes two offices,a bathroom, storage and lunchroom. The property has a V chain link fence with a with 18" barbwire on top, two gates one 14', and the other 20' in wide. The property has a magnolia tree,and an oak tree. And at this time we will not be installing signage. Thank you. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PRE-OWNED AUTO SALES AND PAYDAY LOAN BUSINESS IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT LOCATED AT 5710 CONCORD 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 G.M.K. Original, LLC, to allow a pre-owned auto sales and payday loan business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 5710 Concord, being Tracts 29 and 29A, Plat D3, F. Bigner Survey, City of Beaumont,Jefferson County, Texas, containing 0.536 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 pre-owned auto sales and payday loan business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 5710 Concord, being Tracts 29 and 29A, Plat D3, F. Bigner Survey, City of Beaumont,Jefferson County, Texas, containing 0.536 acres, more or less, is hereby granted to G.M.K. Original, LLC, its legal representatives, successors and assigns, as shown on Exhibit"A," attached hereto and made a part hereof for all purposes, subject to the following conditions: • The applicant shall provide one ADA space with an accessibility aisle in the parking lot; • Provide five (5) trees along the Concord Road frontage; and • Since a building is being moved onsite, it will meet the State of Texas Industrialized Housing and Building Standards and conform to the Sec. 30-35.1 of the Zoning Ordinance. 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, 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 28th day of September, 2010. - Mayor Becky Ames - -P: Request for a specific use permitto allow a pre-owned auto sales and payday oan business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District ocation: 5710 Concord Applicant: G.M.K. Original LLC 0 100 200 I I I Feet Al Legend L000000- 2050P R-S R-S RM- 0 W M v G' coH�o GC-MD Rollo RM-H GC-MD RM41 i EXHIBIT "A" S,.l. S � � 5 �, a „ •� .1-- 5 5 .L S 3 5 � t f-a'h'°e cr , *Approval subject to the following conditions: t • The applicant shall provide one ADA space with an accessibility aisle in the parking lot • Provide five trees along the Concord Road frontage • Since a building is being moved onsite,it will meet the State of Texas Industrialized Housing and Building Standards and conform to the Sec. 30-35.1 of the Zoning Ordinance , j EXHIBIT "B" � � 5 September 28,2010 Consider a request for a specific use permit to allow a plumbing contractor in a GC-MD (General Commercial-Multiple Family Dwelling)District at 605 and 780 S. 4' Street x1ex NITS OFFOI IVNITY BEAUMON* T • $ • z • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 4 )i'3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 28, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a plumbing contractor in a GC-MD (General Commercial-Multiple Family Dwelling)District at 605 and 780 S. 4t'' Street. RECOMMENDATION The Administration recommends approval of the specific use permit with a modification to the screening requirement(no 8'tall screening fence along the Fannin and San Jacinto street frontages). BACKGROUND James Flowers for All Star Plumbing has applied for a specific use permit. Mr. Flowers will be moving his plumbing business into existing buildings on the subject property. He will use the rear of the property to park company vehicles and use for storage of materials. The rear of the property is surrounded by a 6'tall chain link fence. Along the Fannin and San Jacinto street frontages shrubs and crepe myrtles will be planted. At a Joint Public Hearing held September 20, 2010,the Planning Commission voted 7:0 to approve a specific use permit with a modification to the screening requirement(no 8'tall screening fence along the Fannin and San Jacinto street frontages). BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PLUMBING CONTRACTOR IN A GC- MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 605 AND 780 S. 4TH STREET 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 All Star Plumbing to allow a plumbing contractor in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 605 and 780 S. 4th Street, being Lots 1-4 and 13-16, Block 29 and the abandoned alley, Cartwright Terrace Addition, City of Beaumont,Jefferson County, Texas, containing 1.378 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 plumbing contractor in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 605 and 780 S. 4th Street, being Lots 1-4 and 13-16, Block 29 and the abandoned alley, Cartwright Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 1.378 acres, more or less, is hereby granted to All Star Plumbing, its legal representatives, successors and assigns, as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes, subject to modification to the screen requirement (no 8'tall screening fence along the Fannin Street and San Jacinto Street frontages). 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, 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 28th day of September, 2010. - Mayor Becky Ames - - : Request for a specific use permit to allow a plumbing contractor in a GC-MD General Commercial Multiple Family Dwelling) District. Location: 605 and 780 S.41h Street Applicant: James Flowers for All Star Plumbing 0 100 200 t I Feet ----��— Legend ® 2053P HI HI HI GC- D Cn FANNIN ST C HI z C- M, z C M® -q O _�---- 4 GC-MD R FORSYTHE ST R-S R EXHIBIT "A" " t � I ��j_. •- ijf I -� r .. * Approval with a modification to the screening requirement(no 8'tall screening fence along the Fannin and San Jacinto street frontages). �: EXHIBIT ii670 �! 6 September 28,2010 Consider a request for a specific use permit to allow a drive-thru restaurant in an NC (Neighborhood Commercial) District at the southeast corner of Delaware and Briarcliff AIOH WITH OPPORTUNITY BEAUMOIN* T 0 2 • a 0 A • a City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 28, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a drive-thru restaurant in an NC (Neighborhood Commercial)District at the southeast corner of Delaware and Briarcliff. RECOMMENDATION The Administration recommends denial of the specific use permit. BACKGROUND William H. Munro, IV,has applied for a specific use permit. Mr. Munro states that the operation of the restaurant will be seasonal and will coincide basically with crawfish season(January 1 -July 1). The restaurant will be housed in a 900 sq. ft. building and be open 4 p.m. - 9 p.m. weekdays and 11 a.m. - 9 p.m. weekends, depending upon availability. The restaurant will be strictly drive-thru with no eating facilities on the premises. No alcohol will be served. The submitted site plan shows two curb cuts, one on Delaware and one on Briarcliff. As per the site plan, customers will enter the site from Briarcliff and exit onto Delaware. The pavement width on Briarcliff is only 18'wide with open ditch drainage. To allow an increase in traffic on a residential street is not normally an acceptable practice. Also,the Zoning Ordinance requires that an adequate buffer consisting of an 8'tall screening fence and a 10'wide landscape buffer be installed along any property line abutting residential zoning. The site plan shows an 8'tall wood screening fence but only a 2'wide landscape strip planted with ground cover along the south property line. Abutting that property line is RS (Residentially Single Family Dwelling)zoning. In addition,the two parking spaces in the southwest corner of the property are only 2' from that residential zoning and right up to the west I property line. A 6'wide landscape strip is required along that line to screen the parking from the street. At a Joint Public Hearing held September 20, 2010,the Planning Commission voted 7:0 to deny a specific use permit to allow a drive-thru restaurant in an NC (Neighborhood Commercial) District at the southeast corner of Delaware and Briarcliff. BUDGETARYIMPACT None. s ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRIVE-THRU RESTAURANT IN AN NC(NEIGHBORHOOD COMMERCIAL)DISTRICT LOCATED AT THE SOUTHEAST CORNER OF DELAWARE AND BRIARCLIFF 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 William H. Munro, IV, to allow a drive-thru restaurant in an NC (Neighborhood Commercial) District located at the southeast corner of Delaware and Briarcliff, being the west 75'of Lots 24 and 25, Block 7, Briarcliff Addition, City of Beaumont,Jefferson County, Texas, containing 0.18 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 drive-thru restaurant in an NC (Neighborhood Commercial) District located at the southeast corner of Delaware and Briarcliff, being the west 75'of Lots 24 and 25, Block 7, Briarcliff Addition, City of Beaumont,Jefferson County, Texas, containing 0.18 acres, more or less, is hereby granted to William H. Munro, IV, his legal representatives, successors and assigns, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. 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, 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 28th day of September, 2010. - Mayor Becky Ames - it - : Request for a specific use permit to allow a drive-thru restaurant in an NC (Neighborhood Commercial) District. Location: Southeast corner of Delaware and Briarcliff Applicant: William H.Munro, IV 0 100 200 I I I Feet Legend ® 2051P RM-H In Z OP 0 v C-M D DELAWARE ST NC R M- M-H NC a 0 R-S��_ - RM-H R- CA R-S EXHIBIT "A" REVISIONS EY _- _.. ti7o.r � q 15�•0� ... tt�l ,. tS.pr 7�•' II 'gr N vwwo P'Bt'L">•/scR�eM- � \•T Y ��` - - p dR W r ccc 11L �j 1 r _I f 1 4 w rhKaso MRI�,IR I It-�- ,�I i 2 J o 9 I ��•. 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E btZ" c R� Drwn gF44I U0� k YrFN h�L WOIJCTo Y.AYC.CHO`/P_Ag�JS+K't MAT L-NSrr44v.:Y. ��fT E F�oorz p�AN ,µ-�VNV�.uP,fr-t6 IR�.e1Ii1C`t".KK-Ta 63 E.�ucervGEe ca rT..1N l�r-o3' LncAL KEgMis-ItZale�rlF�rt flD+l 44v.1 eB ei�eMr--F�6r.�ac.!•-c t^t�.#sr,a.t.. steal 1 l.✓vC rwco,ot7`,k nFMN v/•t-vs. ROCM R;N.NGTC:RQTwr CGNC Yda-t-"',r..Mtl cr,51s C.B0. g.IoXM�4 C.KnLL FOR-=.i T>�R r=-W-rGKrv.� :C1'•�tr.6 i/M. `11�54MFG+l6s:E><f.iAlK•-}4m r a Nr M a iLAr'.ps Of 2 Shesta ' B FT�,,,gpv-TP.W�NO 1`IN.t7FK`N AT'I'HR.4n FM. _ �• 7 September 28,2010 Consider authorizing the City Manager to execute a contract for the MLK King Jr. Parkway Waterline Extension Project RICH WITH OPPORTUNITY BEA,IIMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani Tohme, P.E., Director of Water Utilities MEETING DATE: September 28, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to execute a contract for the ML King Jr. Parkway Waterline Extension Project. RECOMMENDATION The Administration recommends approval of a contract with Simco Enterprises,Ltd.,of Groves in the amount of$483,712.00. BACKGROUND The City of Beaumont Water Utilities Department provides water and wastewater services to the State and Federal prison complexes in Jefferson County. The area encompassing these facilities lies within the limits of the City's Water Certificate of Convenience and Necessity(CCN) as recorded with the Texas Commission on Environmental Quality(TCEQ). The proposed project will install 4,103 linear feet of new 12" water lines and related appurtenances along ML King Jr. Parkway. This will increase the pressure and volume available and loop the water system to provide a more reliable second water source to the prisons. In addition,the proposed project will repair a water leak on a 16" water line on West Port Arthur Road. The MBE participation will be with Rural Pipe& Supply of Jasper, Texas. The amount of the subcontract is for$80,000 which represents 16.5 percent of the total bid. BUDGETARYIMPACT The project was designed by Schaumburg and Polk, Inc. with an Engineer's estimate for the project of$480,000. Funds for the project are available in the Capital Program. REPLACE APPROX. 4700 LF OF EXISTING WATER MAIN Lamar E Vf„1 Park FLONDA O�YsCw UACM >WOWt PoRr d� wa Camp PROJECT LOCATIONS i i i 16" POINT REPAIR SPUR 93 yy�4 SCHAUMBURG & POLK,ENc. BEAUMONT ' HOUSTON TYLER September 20,2010 Dr.Hani Tohme,P.E. Water Utilities Manager City of Beaarno®t 1350 Lanabam Rd. Beaumont,Texas 77707 Re: City of Beaumont ML Kung Jr.Parkway Waterline Extension Recommendation o rtward Dear Dr.Tohme, Bids were received an Thursday,September 16,2010 for the above rdera nced project This project is to furnish and install a new 12"waterline to replace an existing 6"waterline. Schaumburg&Polk, Inc. has reviewed the submitted bids and recommends that the project be awarded to Simco Enterprises,Ltd. for the base bid(Items 1-30)and additive bid items(Items 31-36)in the amount of U83.712.00. Please find attached a copy of the Bid TabulatiM and the submitted Sdiedule of MBE Participation for your use. If you have any questions or require any additional information please contact me. Sincerely, 9CH1AL IMLIRG&PQK,INC. Troy Whitehead,P.E. Project Engirm Enclosures cc: Ms.Molly Villarreal,P.E.,City of Beaumont,Water Utilities SPI-file ro9a-cam > 095h"WAWVoaeWWow0920104= 8865 College Street I Beaumont,Texas 77707 1 www.spi-eng.com 1 409.886.0341 P 1 408.868.0337 F d � a 8 S 8 8 8 8 $ $ $ 8 Jill- lie N N » Jill � rr77 8 » G'7 11.0 yA Ili bli bAA 1 1 ! $ aii 114 L iii 3 I Ar lif Ml i l � � X1 # fit I 11.8,110.6 9 a A is is A A A F M N a $ Q tit N N Jill It N YI W AI lilt F,■i! Y All All h « N w w V A �777 �■■ O is9 i K � fill, 41,11VIIII I l , + + •'kill 1 f ill M M l � s gsp s was s s a. ■ � M Al s It a Al $ R 9 g 9 s r�rh V x a fI it fit i , � 1 g .9 " g ps = g if i's DID TAWi.i►TR1N CIIYOFstAYAI/OicT[ JEPFZROO I Comm,TE1[AS ML KING JR.PARKWAY WATZUMX EXTSMION1 HID OPXWG DATE:THURSDAY 81MODIR 16,2!1! $MO LMpM►LML Aft B ,YrttirMwsrn Jk wiM■C�umerr sy.ymw�, awn p"am"aus" 3Mlomnsft3m w"ammum 3e& i746 morrow 3M Mob Avwr Trw Tm 8wAMKTw 7Ua ""N" s owYR 7W TUN 1r 4 4w Usk Dnc*d- QnwyTww7mq 4MSit4L9s 92639 Op TNM1ry Taw 71p7 7111 AMA 4M.lslslll 4M.780.74si Qah pd. a.Twtl u*Pd. Ma 7,.w uoreiw b.Twtl tw hw a w01 ]3 ft. D.T w 31. 140 SY AepMkPwmmaM bnmwAb&mft�YMe,w! 135.00 Z4,900. $%AO 37,000. moo $7,810.0D $00.00 SOB. MOD $11PLOO �PeOswio4wlapNoarldgid�e�MB sd8o wwd.agMO wd%!fit ioaaaaedne�ws]ePMs rmd 32 96 SY Co III trwwt>irPra�wt,YdadyaM�MM.L6tnO 195.00 $9:110. $120A0 81] moo $?."too 164.00 16,1/0. 8127.00 512,680. PwP�81�Y1.p4owlmeeteowntl�atlmeeema6 w1 i4 33. 1610 LP AbdlVANW" eTnVMI*WdW Lb%OWN"iD ONM $MOD $SUN-00 0.00 11:3,100.oo moo s139,200.00 $0.00 SPLMOO 53.00 813,920. 01AAtprYawM,�8��8��►�dl to wsiw�il► M. I L8 3frletrRM b*Af B. iwwea od owL1 10 $1" s150. 1100.00 $moo 1600.00 8390.00 SM $2400.00 p**ft ad in owd w08raror va ph=r6 mmomwK MT 1O WKM 1%QTMAL PROM=IIM 39. 1 LS Prwet P"Re10h%0de11E M.Dumb 1rw ww.eRw by $13.000.00 SUAMOO 831,2!0.00 331,150 Ili moo PUKE 549,908.00 Mmoo 816p00.o0 $16p00. MMd dd repbmma of 36" 388 9M Md sW - ngmwwwM—0-i Piw.bmkft Y6w, uwd-d Mo*b ad fthl.,soesnlias(g1w0.if a*"db w she *AM%,SPAW&0 War.MdS4 NO&ed unt OIL 36 1 13 w.t.r.ewd wir p t VIP*.w■ptm ilk PbP% 82 JOQOO =^on slopoo" slo o00. sla awso $16,066.60 1tAm.00 slot $slow o �d�R 4lw e+OtaYb aamo eM"L PM's wPYa "(8'. r esw4>iesoadeo�reltYSAlbTpritit, . SW 11f, yo in nA yo No yu 2f�Ri8PnpwYwMrNIMMreMwew%eiW,mW%sbMwdgiwwWp*bYwwerw ubobood6rMbnerlra6 4t TROY WHITEHEAD Its ®Id7�eYiwtliYTlla . A1. 9sw10 T2rP![ Pasr 5 CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION Skm_RhKgdm tM NAME CERTIFIED MBE ADDRESS TYPE OF WORK AGREED PRICE CONTRACTOR Raal pipe b 9A:Ply 809 Vlw r R9. Si cE Pipe Wr000.00 The undersigned wNi enter Into a formal agreement with MBE Contractors for work listed In this schedule conditioned upon execution of a contract vAth the City of Beaumont. NOTE: 1. This schedule should be submitted with your bid. SIGNATURE AL [tic TITLE Roxil w Vim Ptteffiott 49 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 contract with Simco Enterprises, Ltd., of Groves, Texas, in the amount of $483,712.00 for the M. L. King Jr. Parkway Waterline Extension Project which will install 4,103 linear feet of new 12" water lines and related appurtenances along M.L. King Jr. Parkway. PASSED by the City Council of the City of Beaumont this the 28th day September, 2010. - Mayor Becky Ames - 8 September 28,2010 Consider approving the purchase of three (3) dump trucks, a hot patch asphalt truck, and a double drum-roller for use by the Streets and Drainage Department V RICH WITH OPPORTUNITY BEAUMO N* T • $ • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer-, MEETING DATE: September 28, 2010 REQUESTED ACTION: Council consider approving the purchase of three(3)dump trucks, a hot patch asphalt truck, and a double drum-roller for use by the Streets and Drainage Department. RECOMMENDATION The administration recommends approval of the purchases in the total amount of$385,898.45. Vendors and equipment prices are as follow: EQUIPMENT VENDOR PRICE Double-Drum Roller Waukesha-Pearce Industries, Inc. $29,130.50 Port Arthur Two(2)Dump Trucks, Philpott Motors $93,457.62 Crew Cab, 2 Yd. Nederland Dump Truck, 14 Yd Southwest International Trucks, Inc. $127,880.00 Arlington Hot Patch Asphalt Truck Southwest International Trucks, Inc. $135,430.33 Arlington BACKGROUND Pricing for the purchases is obtained through the BuyBoard Cooperative Purchasing Program. Buyboard is a cooperative purchasing association which provides cities and political subdivisions with the means to purchase specialized equipment at volume prices. BuyBoard complies with the State of Texas procurement statutes. The purchase price of$385,898.45 includes BuyBoard administrative fees of$1,200. Purchase of Equipment September 21, 2010 Page 2 The Streets and Drainage Department has assumed responsibility for concrete and asphalt repairs resulting from repairs and improvements made by the Water Utilities Department. An estimated one hundred(100)to one hundred forty(140)repairs are anticipated per month. Two new crews have been created in Streets and Drainage and dedicated to this work. The equipment purchases are needed to complete the jobs. Equipment is covered by manufacturer's warranties and service is available from local dealers. BUDGETARY EWPACT Funds are available in the Water Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of three(3)dump trucks, a hot patch asphalt truck, and a double-drum roller for use by the Streets and Drainage Division through the BuyBoard Cooperative Purchasing Program in the amount of$385,898.45 as shown below: EQUIPMENT VENDOR PRICE Double-Drum Roller Waukesha-Pearce Industries Inc. $29,130.50 Port Arthur Two (2) Dump Trucks, Philpott Motors $93,457.62 Crew Cab, 2 Yd. Nederland Dump Truck, 14 Yd Southwest International Trucks, Inc. $127,880.00 Arlington Hot Patch Asphalt Truck Southwest International Trucks, Inc. $135,430.33 Arlington PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2010. - Mayor Becky Ames - 9 September 28,2010 Consider authorizing the City Manager to execute an Amendment to a Letter of Understanding with Union Pacific Railroad for the acquisition of property for the new Amtrak Station RICH WITH OPPORTUNITY 11EA[1140N* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Finance Officer MEETING DATE: September 28, 2010 REQUESTED ACTION: City Council authorize the City Manger to execute an Amendment to a Letter of Understanding with Union Pacific Railroad for the acquisition of property for the new Amtrak Station. RECOMMENDATION: Administration recommends City Council authorize the City Manger to execute an Amendment to the Letter of Understanding with Union Pacific Railroad to extend the closing date to November 5, 2010 for the acquisition of property for the new Amtrak Station. BACKGROUND The American Recovery and Reinvestment Act of 2009 included funding of approximately $1.2 million for improvements to the current Amtrak location off of Cedar Street. Amtrak is planning to construct a new Shelter Station, new ADA compliant concrete platform and a station platform display sign. To complement the Amtrak Station improvements, the City will acquire the property for the station with the intention to construct a Police Substation and a parking lot. The owner of the property,Union Pacific Railroad, has agreed to sell approximately 4.64 acres for the appraised price of$1.50 per square foot. The initial closing date was set for October 1, 2010. The date is being extended to November 5, 2010, to allow time for Union Pacific Railroad to receive the design from Amtrak and process the required documents. A copy of the proposed amendment with Union Pacific Railroad is enclosed. BUDGETARYIMPACT Funds for the acquisition are available in the Capital Program. FIRST AMENDMENT TO LETTER OF UNDERSTANDING This First Amendment to that certain Letter of Understanding dated May 7,2010 is made and entered as of the day of ,2010,by and between Union Pacific Railroad Company,a Delaware corporation("Seller')and City of Beaumont ("Buyer"). Whereas,Buyer and Seller have heretofore entered into that certain Letter of Understanding dated May 7,2010(herinafter,the"Initial LOUT in connection with Buyer's proposed purchase of Seller's real estate situated in Beaumont,Jefferson County, Texas,as more particularly described therein and herein(the"Property");and Whereas,Seller and Buyer wish to enter into this First Amendment to modify the Initial LOU as hereinafter set forth. Now, Therefore,it is agreed between Seller and Buyer as follows: 1. Article 8.A shall be amended as follows: Closing will occur on or before November 5,2010("Closing Date"). This First Amendment is supplemental to the Initial LOU and nothing herein contained shall be construed as amending or modifying the same,except as herein specifically provided. IN WITNESS WHEREOF,Seller and Buyer have each duly executed this First Amendment as of the date first herein written. SELLER: UNION PACIFIC RAILROAD COMPANY By: D.A. LEIS Tine: DIRECTOR- REAL ESTATE BUYER: CITY Or BEAUMONT By: Title: RESOLUTION NO. WHEREAS, on June 22, 2010, City Council passed Resolution No. 10-168 authorizing the City Manager to execute a letter agreement with Union Pacific Railroad for the acquisition of property for the new Amtrak Station; and WHEREAS,the agreement is to acquire approximately 4.64 acres for the appraised price of $1.50 per square foot; and WHEREAS, the parties wish to extend the closing date for said acquisition to November 5, 2010; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute an Amendment to the Letter of Understanding with Union Pacific Railroad authorized on June 22, 2010, by Resolution No. 10-168, to extend the closing date to November 5, 2010. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2010. - Mayor Becky Ames -