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HomeMy WebLinkAboutPACKET SEP 27 2011 BE Z * X A 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 27,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—September 20,2011 * Confirmation of committee appointments A. Authorize the City Manager to execute an interlocal agreement allowing the City to participate in the Southeast Texas Government Employee Benefits Pool B. Approve a contract for electrical services C. Authorize the purchase of lighting fixtures for Riverfront Park D. Authorize the City Manager to assign fund balances for a specific purpose in accordance with GASB 54 A RICH WITH OPPORTUNITY BEAUMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lillie Babino, Human Resources Director MEETING DATE: September 27, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute an interlocal agreement allowing the City to participate in the Southeast Texas Government Employee Benefits Pool. RECOMMENDATION Administration recommends approval. BACKGROUND City of Beaumont retirees under the age of 65 and their dependents may continue participation in the same City of Beaumont health plan that is offered to active employees. The City's establishment of an interlocal agreement with the Southeast Texas Government Employee Benefits Pool will allow the City's retirees age 65 and over and their dependents to have access to benefits under the Pool's competitively bid contracts. This agreement is authorized by the Texas Local Government Code. There is not a cost to the City of Beaumont for offering retirees access to the Pool's plans. 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 interlocal agreement, substantially in the form attached hereto as Exhibit"A," with Southeast Texas Government Employee Benefits Pool to provide access to medical insurance coverage to retirees age 65 over and their dependents. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement("Agreement") is by and between the City of Beaumont, Texas ("Beaumont") and the Southeast Texas Government Employee Benefits Pool (the "Pool"), acting by and through their authorized officers. RECITALS: WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Government Code; and WHEREAS, Section 271.102 of the TEx. Loc. GoV T CODE authorizes a local government to participate in a Cooperative Purchasing Program with another local government or a local cooperative organization; and WHEREAS, a local government that purchases goods and services pursuant to a Cooperative Purchasing Program with a local government or local cooperative organization satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and materials; and WHEREAS,the Pool is such a local cooperative organization whose membership consists of local governments participating in a Cooperative Purchasing Program with other local governments to provide certain insurance coverage to their retired employees and the relatives of such retired employees; and WHEREAS, the parties desire to enter into a Cooperative Purchasing Program which will allow Beaumont, as a member of the Pool, to make available employee benefits under the Pool's competitively bid contract pursuant to Subchapter F, Chapter 271 of the TEx.Loc. GoV T CODE; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein,the parties agree as follows: 1. The purpose of this Agreement is to establish a Cooperative Purchasing Program between the parties, which will allow Beaumont retirees access to retired employee benefits under the Pool's competitively bid contracts from the Pool's vendor under present and future contracts pursuant to Subchapter F, Chapter 271 of the TEx. Loc. GOVT CODE; EXHIBIT "A" 2. This Agreement shall be in full force and effect until terminated by either party; 3. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by either party upon thirty(30) days written notice to the other party; 4. The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto; 5. This Agreement may be executed in any number of counterparts,each of which shall be deemed an original and constitute one and the same instrument. EXECUTED this day of ,2011. SOUTHEAST TEXAS GOVERNMENT EMPLOYEE BENEFITS POOL By: Name: Title: EXECUTED this day of , 2011 CITY OF BEAUMONT,TEXAS By. Name: Title: 801 Main Street,Room 135 Beaumont, TX 77701 ATTEST: By: CITY SECRETARY RICH WITH OPPORTUNITY C 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 27, 2011 REQUESTED ACTION: Council consider authorizing the award of a contract for electrical services. RECOMMENDATION The administration recommends the award of an annual contract to Gulf Coast Electric of Beaumont with an estimated total annual expenditure of$145,550. BACKGROUND The contract specifies that the successful bidder will provide assorted electrical services at fixed hourly rates and electrical materials at a fixed percentage markup to maintain City electrical systems. The contract requires the contractor to have personnel onsite to assist the City with emergency repairs in the event of a disaster. Five (5) vendors were notified, four(4) responded with valid bids. Bid tabulation is attached. BUDGETARY IMPACT Funds are available for this expenditure in the Building Services Division's operating budget. also ear*erre"UNIrr CRY OF BEAUMONT,BEAUWNTa TEXAS 61"A UNYJ� mmmASIN6 OImm BID TABULATION T r ! a = - ♦ a Bid Now Annul Contract for Eisctded Services 8N NwWWr: WM142 Bid : Thu ods%Sapbmber 15,M I Conud Paeson: PA*wt(Bob)How,8uyar 11 rhollmr0ci.bwumor4Jx.0 s plum 400400a m a Trimly meaminical A-1 American Fence Vllbseo ifMs E:Tk Banaeont Pt�At�ixa Q r� Dem Mork Na 4 UuR Pdos Ed Unit P P Unit DUCRNnM rs Pdft 1 Journeyman w k 1500 00 84000. .00 NO 2 &MUWan no tnKk 1000 42 66A0 000.00 NO 81D 3 jWper M/D 1000 34.90 34 900.00 46.00 $45.00D.00 NO BID jitruck O 130M Iii NO 6 Igurnownan no truck(OM 100 60, S ,00 S 100.00 S 10 000.00 NO MD 6 Hs1 m(OM 50 51,01 S zmw 90,00 i 4 NO MD T w purr► an electrician 110.0Q 1 ,00 NO 1 ;.. ,,y,4 NO RESPONSE:Gold Crest,Neches Elect,A&A Elect, Electrical Specialties RESOLUTION NO. WHEREAS, bids were solicited for an annual contract for electrical services to maintain City electrical systems; and, WHEREAS, Gulf Coast Electric,of Beaumont,Texas,submitted a bid in the estimated amount of$145,550; and, WHEREAS, City Council is of the opinion that the bid submitted by Gulf Coast Electric should be accepted; 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 bid submitted by Gulf Coast Electric, of Beaumont, Texas, in the estimated amount of$145,550 for electrical services to maintain City electrical systems be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY -" 11EA[1M0'N* 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 27, 2011 REQUESTED ACTION: Council consider authorizing the purchase of lighting fixtures for Riverfront Park. RECOMMENDATION The administration recommends the purchase of lighting fixtures from Consolidated Electric, Inc., of Beaumont, in the estimated amount of$94,598. BACKGROUND Bids were requested from ten (10) vendors for the purchase of forty-four(44)new lighting fixtures, poles and appurtenances for use in the River Front Park rehabilitation project. Valid bids were received from three (3) vendors, Bids were rejected from Rexel, Inc., Gexpro, Inc., Wesco, Inc., all of Beaumont, and Highway Intelligent Systems, Inc., of Lancaster, Texas, for failure to adhere to required specifications. Each of the rejected bids exceeded the low valid bid. Bid tabulation is provided below. Vendor Total Bid Consolidated Electric, Inc., Beaumont, TX $94,589.00 Gra bar Electric, Inc., Beaumont, TX $97,936.00 Summit Electric Co., Beaumont, TX $102,119.60 BUDGETARYIMPACT Funds for this purchase are available in the Rita Recovery Fund. RESOLUTION NO. WHEREAS, bids were solicited for the purchase of forty-four (44) lighting fixtures, poles and appurtenances for use in Riverfront Park; and, WHEREAS, Consolidated Electric, Inc.,of Beaumont,Texas, submitted a bid in the amount of$94,598.00; and, WHEREAS, City Council is of the opinion that the bid submitted by Consolidated Electric, Inc., of Beaumont, Texas, should be accepted; 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 bid submitted by Consolidated Electric, Inc., of Beaumont, Texas, for the purchase of forty-four(44) lighting fixtures, poles and appurtenances for use in Riverfront Park in the amount of$94,598 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - Mayor Becky Ames - D RICH WITH OPPORTUNITY IIEAUMON* T 0 E 0 X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager � PREPARED BY: Laura Clark, Chief Financial Officerbt MEETING DATE: September 27, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to assign fund balances for a specific purpose in accordance with GASB 54. RECOMMENDATION Administration recommends approval. BACKGROUND The Governmental Accounting Standards Board (GASB) has adopted Statement Number 54 (GASB 54), Fund Balance Reporting and Governmental Fund Type Definitions, that is effective in fiscal year ended September 30, 2011. The Statement was to address how fund balance is classified for financial reporting purposes in the Comprehensive Annual Report(CAFR). Governments may continue to use any funds they choose or are required to for their internal accounting or for special purpose reporting. Prior to the adoption of GASB 54, fund balance was classified in the CAFR as either"unreserved fund balance" which indicated it was available for appropriation and"reserved fund balance" which identified it has not being available for appropriation. GASB 54 moves the focus on the fund balance from that of availability for appropriation to "the extent to which government is bound to honor constraints on the specific purposes for which amount in the fund can be spent." There are now five components of fund balance: • Nonspendable fund balance - amounts that are not in a spendable form (such as inventory) or are required to be maintained intact (such as the principle of an endowment fund) • Restricted fund balance - amounts designated for a specific purpose by the provider(such as grantors, bondholders, and higher levels of government), through constitutional provisions or legislation • Committed fund balance - amount designated for a specific purpose by the City Council • Assigned fund balance- amount a government intends to use for a specific purpose and is designated by an official, such as the City Manager; for example, the portion of fund balance appropriated in order to balance the budget • Unassigned fund balance - amounts that are available for any purpose; these amounts are reported only in the general fund In order for the City to be in compliance with GASB 54 for the fiscal year ended September 30, 2011, and following years, the authority to assign fund balances that have been set aside internally for a specific purpose should be given to the City Manager. BUDGETARYIMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to assign fund balances for specially designated accounts in accordance with the requirements of the Governmental Accounting Standards Board Statement Number 54 (GASB 54). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - Mayor Becky Ames - r 314j WIT_ OW. O EIRWITT REAUW' * T * 3 * ]E * A * 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 27,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda.items 5-12/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)District to GC-MD(General Commercial-Multiple Family Dwelling)District on property located on the east side of Eastex Freeway, between Chinn Lane and Lawrence Drive 2. Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling- 2)District and a specific use permit to allow the construction of a retail strip center/convenience store/gas station in a GC-MD-2(General Commercial- Multiple Family Dwelling-2)District for property located on the east side of Abilene, approximately 200 feet north of the northeast corner of Abilene and Lucas 3. Consider a request for a specific use permit to allow a tire repair and sales establishment in a NC (Neighborhood Commercial)District at 2795 Eastex Freeway 4. Consider a request for a specific use permit to allow a cell tower in a LI(Light Industrial)District at 1375 Averill 5. Consider the abandonment of a 5'utility easement on either side of an interior lot line between Lots 6 and 7,Block 3, Leroy Addition,Unit 2 located at 5360 Laverna Drive 6. Consider the abandonment of the most southerly 626.81' of the most northerly 651.81' of various 15'wide utility easements out of Block 11, French Heights Addition and the southerly 626.81' of the most northerly 651.81' of the East 15' of the Replat of Block 11,French Heights Addition, located on the west side of Eastex Freeway, approximately 1,080 feet south of the intersection of Eastex Freeway and W. Lucas Drive 7. Consider authorizing a grant budget adjustment between the Cartwright/Corley Drainage Improvements and the Riverfront Park Bank Stabilization projects 8. Consider amending Chapter 20,Article 20.01, General Provisions, Section 20.03.004 of the Code of Ordinances related to speed limits in school zones 9. Consider amending Chapter 22, Section 22.02.0003 (b) and Section 22.02.0005 (a) of the Code of Ordinances related to various fees for water and sewer services 10. Consider authorizing the City Manager to increase the Cattail Marsh Constructed Wetland Rehabilitation Project amount 11. Consider approving a bid for site work associated with the installation of a truck scale at the Beaumont Landfill 12. Consider approving annual contracts for ready mix concrete and related heavy materials COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 September 27,2011 Consider a request for a zone change from RM-H(Residential Multiple Family Dwelling- Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling)District on property located on the east side of Eastex Freeway,between Chinn Lane and Lawrence Drive RICH WITH OPPORTUNITY BEAU,N'01, * T • Z • a * A * s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G'1 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 27, 2011 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD(General Commercial-Multiple Family Dwelling)District on property located on the east side of Eastex Freeway, between Chinn Lane and Lawrence Drive. RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND Howard Nichols,the property owner,has applied for the zone change. In April, 2009, City Council changed the zoning for 15.53 acres from LI to RM-H. The subject 3.22 acres was included in that zone change. The zoning was approved to allow for the construction of an apartment complex. Mr. Nichols states that the apartment project is being reduced in size so that only 12.31 acres is required. Therefore, Mr. Nichols is requesting that the 3.22 acres of frontage along the Eastex Freeway be rezoned to GC-MD to allow for future commercial development. At a Joint Public Hearing held September 19, 2011,the Planning Commission recommended approval 7:0 of the zone change. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF EASTEX FREEWAY, BETWEEN CHINN LANE AND LAWRENCE 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 28 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 28.01.005(b)thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located on the east side of Eastex Freeway, between Chinn Lane and Lawrence Drive, City of Beaumont, Jefferson County, Texas, as described in Exhibit"A" and shown on Exhibits "B" and "C," 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 28 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 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a 5/8" iron rod found in the east right-of-way line of U. S. Highway 69, 96 and 287 and in the west line of the said 131.467 acre tract for the northwest corner of a called 5.574 acre tract conveyed to Robert L. Corbello as recorded in Clerk's File No. 2007001675 of the Official Public Records of Jefferson County, Texas and the southwest corner of the said 3.22 acre tract; THENCE North 11°14'51" West along the said east right-of-way line of U. S. Highway 69, 96 and 287 and the west line of the said 131.467 and 3.22 acre tracts a distance of 470.46 feet(called North 119 552" West)to a point for the northwest corner of the said 3.22 acre tract; THENCE North 78°46'42" East along the north line of the said 3.22 acre tract a distance of 298.25 feet to a point for the northeast corner of the said 3.22 acre tract; THENCE South 11°14'51" East along the east line of the said 3.22 acre tract a distance of 470.33 feet to a point in the north line of the said 5.574 acre tract for the southeast corner of the said 3.22 acre tract; THENCE South 78 045'09" West along the said north line of the 5.574 acre tract and the south line of the said 3.22 acre tract a distance of 298.25 feet(called South 78°45'09" West)to the POINT OF BEGINNING and containing 3.22 acres of land,more or less. EXHIBIT"A" r • File 2104- : Request for a zone change from RM-H(Residential Multiple Family-High Density)District to GC-MD (General Commercial-Multiple Family Dwelling)or a more restrictive district. cation: East side of Eastex Freeway, between Chinn Lane and Lawrence Drive Applicant: Howard Nichols 0 100 200 300 400 I I I I Feet Legend U ® 2104Z G I-MD RWM CN1NN�N U RM-H m ..S C-MD U Ft�S I R-S R-S LI EXHIBIT "B" r 08/16/2011 14:27 4098327303 FI17-Z SHIPMAN INC PAGE 01/91 NUMBER'DELTA RADIUS ARC CHORD CHORD BEARING 46'48 59" 873.54 713. 77'57'44" E CALUM 4n2•+Jt{^ 873.34 1714.67 man FOUND 1/2" ♦ 1p9.611) SRtNd ROD BEGINN NG( 40 4z" E 4g�q .� FOUND 1d2' TRACT 3g•25 IRON RO FOUND 1/2 IRON RIOD FOUND 1/2^ IRON ROD rc POINT OF ♦ r BEGINNING N 33'5312 E >� TRACT 1 s ss s TRACT 1 84.65 (CALLED N 33.4,51 a, 12.31 ACRES . �,�, RON ,/z' 84.94) N .P�lo Tb- IRON Rtx3 1130 HOWARD GRANT NICHOLS FAMILY LIMITED PARTNERSHIP G CLERK$ FILE 00. 2'JOOD16329, O.P.R.R.P.J.C. "fit Q rj♦�� �� (CALLED 131.467 ACRES) A) 4 H.G. WCHOLS, SR_ .9a•�5 VOU 19?8, PG. 372, D-R.J.C, �� N 7$.k6'k2 (CALLED ,.De AN'D 0.611 ACRE TRACTS) °c� EASEMENTS GRANTE'] TO CIT' OF BEAUMONT 1'- r VOL 12770. PG. 528. D.R.AC• Qj Y 3 CITY OF BEAUMONT a vol.. 1270. PG. 528.D.R.AC. ;n• ( . "/j/PARCEW ?D' DA EAS o Gk Ln, it7 y bb y •'�' w,x p fy `� �}Q7 2W 71.29 �r •� ``� iL CJPPED / / �� FOUND 1/27 {1` A IRON ROD IRON ROD tl'1 3• �• // CITY OF BEAUMONT / VOL 1270, PG. 528, D.R.J.C. POINT OF 'd' 76 45♦.-" Ow9" �� �/ /f 4a' DRAINAGE EASEMENT BEGINNING (pw�0 78 ��,j.�/ c, � W1/2- TRACT 2 (CALLED N 1.1115,62" W 7.00) IRON ROD FOUND 5/8' �1 12 43 24 W 7415 U'b� Al 2' OFFSET IRON ROD FOUND t.'ONt:iEi7 r�R1y� c�k �, , MONLq&NT O� 40 0 t*j a.��• t��j / °�'�'� c s(v5- 5 �, ,tr dc -, • Q 1 C•l r /' / A. el <+ FOUND 5/8' \CITY Or BEAUMONT IRON RtN3 \0- 1270, PG. $a S 7251♦52w W 1x4.58 �� FOUND 1/Z" 0.12Sp1 FOUR (CALLED S 72-45-00- W 154.58) / IRON POD S 47'17'52" W 81.11- (CALLED S 47.11'00" W 81.11) h(1* 17 4 I� 1 H'90 75 o Sao o S C- A L E 0:\PROJEC75\0344D\440C206.dwg Aye 'i8, 2011 10:4 am SHEET NO. __IFIa tC G9' NAltl�: NIt1,1iSLS COMPMY LandSir Ora CHI f.4 LANE 11ND U. S. HWY. 69, 96 & 287 1405 CORNERSTONE COURT. MAUNONT, 'IXAS TT.'in-MRSSON c0tm )x, Tmus PROJECT NO. (409) 932-7238 FAX (409) 332—*?:,M EXHIBIT "C" 03440-4002 2 September 27,2011 Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow the construction of a retail strip center/convenience store/gas station in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property located on the east side of Abilene, approximately 200 feet north of the northeast corner of Abilene and Lucas AICS WITS OPPORTUNITY BE T e It • a • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager CS13 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 27,2011 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow the construction of a retail strip center/convenience store/gas station in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the east side of Abilene, approximately 200 feet north of the northeast corner of Abilene and Lucas. RECOMMENDATION The Administration recommends approval subject to the following conditions: • The most northerly driveway access on Abilene will be deleted. • The owner shall provide the City with a joint access agreement. • The owner shall be in full compliance with all codes and ordinances, including provision of sidewalks along E. Lucas. BACKGROUND Truong Charles Le, the property owner,has applied for the zone change and specific use permit. In May,2009, City Council approved a zone change to GC-MD-2 and a specific use permit to allow said use subject to there being no access onto Abilene and with the submittal of a joint access agreement. However,to allow for a drive-thru behind the building,a dumpster and the required landscaping/screening, an additional 30' of land is needed. A revised site plan has been submitted showing two driveways onto Abilene. Staff has talked with the Fire Marshall and Transportation Engineer and both agree that the most southerly driveway should be allowed for improved on-site traffic flow for both fire trucks and large trucks servicing the shopping center. Mr. Le will provide an 8'tall wood screening fence and a 10'wide landscape strip along the north side of the property. At a Joint Public Hearing held September 19,2011,the Planning Commission recommended approval 7:0 of the zone change and specific use permit subject to the following conditions: • The most northerly driveway access on Abilene will be deleted. • The owner shall provide the City with a joint access agreement. • The owner shall be in full compliance with all codes and ordinances, including provision of sidewalks along E. Lucas. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF ABILENE,APPROXIMATELY 200 FEET NORTH OF THE NORTHEAST CORNER OF ABILENE AVENUE AND E. LUCAS 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 28 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 28.01.005(b)thereof, is hereby amended by changing the zoning of property presently zoned RS(Residential Single Family Dwelling)District to GC- MD-2(General Commercial-Multiple Family Dwelling-2)District for property located on the east side of Abilene Avenue and E. Lucas Drive, being the North 30' of the South 230" of Lots 3 and 4, Block 2, Lucas Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.143 acres, more or less, as shown on Exhibits "A" and "B," 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 r regulations contained in Chapter 28 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 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - Mayor Becky Ames - Request for a zone change from RS(Residential Single FamilyDvwelling)District to -MD-2 (General Commercial-Multiple Family Dwelling-2)District or more restrictive district d a specific use permit to allow the construction of a retail strip center/convenience store/gas tation in a GC--MD-2 (General Commercial-Multiple Family Dwelling-2)District ocation: East side of Abilene,approximately 200 feet north of the northeast corner of Abilene an Lucas 0 100 200 LADPlicant: Truong Charles Le I I Feet Legend ® 2105ZP R-S Z R;6 rn R-S c M p v GC-MD -C-MD GC- D E LUCAS DR W c - R-S o R-S t-S R S -� EXHIBIT "A" asses.. � ..a-*-•- �wv.r.w.w. . ti TTMCAL BOLLARD DETAIL wx` NTB r—I '' 1 i 1 DUM►ST�I DETTI�. ( I I KM DUNIPSTERENCLQSURE i I •r• .aa+rs Nr 1 CMU WALL DETAIL 1 1 ® I I HTB I I 1 I r j j R , it ......... I I CO —.. .. 1 B s a s s • a n a I I O �- w.. ... I �y I 1 vv11 v= yr; X 1 r----------i i i LL1 I 11 I aruwwwwwnwr D IL----------� i -----------J T� R ar•a I I l 1 /��� � rnaawa � ® a naaaa 0 , I I // / "liLIIOC ..w a • r nab ♦ Ys-------- l WT • • qty= \• •- _ ==r--� --- --�------------------ ---------1 r------ �. , 1 a s•rs 1 * Approval subject to the following conditions: " • The most northerly driveway access on Abilene will be deleted. xym C2, • The owner shall provide the City with a joint access agreement. • The owner shall be in full compliance with all codes and ordinances, including provision of sidewalks alon¢E. Lucas. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A RETAIL STRIP CENTER/CONVENIENCE STORE/GAS STATION IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED ON THE EAST SIDE OF ABILENE AVENUE,APPROXIMATELY 200 FEET NORTH OF THE NORTHEAST CORNER OF ABILENE AVENUE AND E. LUCAS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Truong Charles Le has applied for a specific use permit to allow the construction of a retail strip center/convenience store/gas station in a GC-MD-2(General Commercial-Multiple Family Dwelling-2) District located on the east side of Abilene Avenue, approximately 200 feet north of the northeast corner of Abilene Avenue and E. Lucas Drive, being the North 30' of the South 230' of Lots 3 and 4, Block 2, Lucas Acres Addition, City of Beaumont,Jefferson County,Texas,containing 0.143 acres,more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Bea umont considered the request for a specific use permit to allow the construction of a retail strip center/convenience store/gas station in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District on the east side of Abilene Avenue,approximately 200 feet north of the northeast corner of Abilene Avenue and E. Lucas Drive; 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 following conditions; • The most northerly driveway access on Abilene will be deleted. • The owner shall provide the City with a joint access agreement. • The owner shall be in full compliance with all codes and ordinances, including provision of sidewalks along E. Lucas. NOW, THEREFORE, BE IT ORDAINED 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, Section 1. That a specific use permit to allow the construction of a retail strip center/convenience store/gas station in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District for property located on the east side of Abilene Avenue, approximately 200 fee north of the northeast comer of Abilene Avenue and E. Lucas Drive, being the North 30' of the South 230' of Lots 3 and 4, Block 2, Lucas Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.143 acres, more or less, as shown on Exhibit 'A," attached hereto; and, is hereby granted to Truong Charles Le, its legal representatives, successors and assigns, as shown on Exhibits"A," attached hereto and made a part hereof for all purposes, subject to the following condition; • The most northerly driveway access on Abilene will be deleted. • The owner shall provide the City with a joint access agreement. • The owner shall be in full compliance with all codes and ordinances, including provision of sidewalks along E. Lucas. 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," attached hereto 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 28 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 27th day of September, 2011. - Mayor Becky Ames - 4 Vk : Request for a zone change from RS(Residential Single FamilyDwelling)District to -MD-2 (General Commercial-Multiple Family Dwelling-2)District or more restrictive district ftation a specific use permit to allow the construction of a retail strip center/convenience store/gas in a GC-MD-2 (General Commercial-Multiple Family Dwelling 2)District. ation: East side of Abilene, approximately 200 feet north of the northeast corner of Abilene an E.Lucas 0 100 200 �Pplicant: Truong Charles Le I I Feet A-- Legend ® 2105ZP R-S M R`' fn R-S o rn p ch v GC-MD C-M D GC- D E LUCAS DR c In R-S o R -S t-S R S U F7 -4 EXHIBIT "A" �.•� ��s sr:w....w_ rrwwiw•w "` 'rj.•.w nr.rf•wwa r.w r r y ' TYPICAL BOLLARD DETAIL f ` NTS I I I I 1 1 DUMPSTER a :-1 *� I ► I ARE DETAR. I R>'S I I I DUMPSTER ENCLOSURE i I ••- ►war■ V— I P496 FA L1 CMU MALL DETAIL I I I NTS I ( t g Irwws � I i R lat Ito l I R I I X w �S4S=.a I twa Fla I m »..w••aa i " ► a s ► ► ► » n n ' I 0 to d..w•Yr•r I �- • � I U, I I a.rww�•[ I - 1 I 1 r--- I 11 I Rs►a•wwwiw■rr I I a n I � R I I I i J / ---•------ ---I------------ �-' -0'-Y/ 1a�►IWai• Mr�O .ur�w r.••a 3 -------- ---roc�__�_______-__--- •_ • r.. -------�'L— -----LAS--- `• ------ .._:c� .._._.:.. . a •_--- - - ----w------------------`---------� � I Ii I * Approval subject to the following conditions: • The most northerly driveway access on Abilene will be deleted. • The owner shall provide the City with a joint access agreement. • The owner shall be in full compliance with all codes and ordinances, including provision of sidewalks alone E. Lucas. 3 September 27,2011 Consider a request for a specific use permit to allow a tire repair and sales establishment in a NC (Neighborhood Commercial)District at 2795 Eastex Freeway t AICS WITS OPPORTIISITY BE T • Z a • A • 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager LSi? PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 27,2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a tire repair and sales establishment in a NC (Neighborhood Commercial) District at 2795 Eastex Freeway. RECOMMENDATION The Administration recommends approval subject to the following conditions: • All inventory display and tire repair and installation shall be done within the confines of the existing building. • No motor vehicle sales shall be permitted. • Elimination of the eastern-most drive on Delaware,replacing it with a landscaped island and four(4)crepe myrtles trees. BACKGROUND Antonio Sipaque has applied for a specific use permit. For many years,the property was the location of a service station. That business closed in the late 1990's. In June, 2005, City Council approved a specific use permit to allow an auto repair shop and car wash on the subject property. That business no longer exists. Mr. Sipaque would now like to use the property to sell and repair used tires. It is the intent of Mr. Sipaque to display used tires along the south end of the property, in front of the building. While the property is of a commercial nature,used tire shops tend to display their wares in full view of the public which can detract from neighboring properties. The subject property as well as the freeway frontage both north and south of the subject property is zoned NC to protect the residential to the west and the school to the south from incompatible uses. A tire repair shop is only permitted within a NC District with a specific use permit so that conditions can be placed on such an establishment if City Council feels that the conditions are warranted. In this case,the Planning Manager feels that requiring all inventory display and tire repair and installation be done within the confines of the building is justified. In this case,the Planning Manager feels that requiring all inventory display and tire repair and installation be done within the confines of the building is justified. At a Joint Public Hearing held September 19, 2011,the Planning Commission recommended approval 7:0 of the specific use permit subject to the following conditions: • All inventory display and tire repair and installation shall be done within the confines of the existing building. • No motor vehicle sales shall be permitted. • Elimination of the eastern-most drive on Delaware,replacing it with a landscaped island and four(4)crepe myrtles trees. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW TIRE REPAIR AND SALES ESTABLISHMENT IN A NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 2795 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Antonio Sipaque has applied for a specific use permit to allow a tire repair and sales establishment in a NC(Neighborhood Commercial)District at 2795 Eastex Freeway, being Lots 1 and 2, Block 1, Northwood Addition, City of Beaumont, Jefferson County, Texas, containing 0.18 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a tire repair and sales establishment in a NC(Neighborhood Commercial) District at 2795 Eastex Freeway; 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 following conditions; • All inventory display and tire repair and installation shall be done within the confines of the existing building. • No motor vehicle sales shall be permitted. • Elimination of the eastern-most drive on Delaware, replacing it with a landscaped island and four (4) crepe myrtle trees. NOW, THEREFORE, BE IT ORDAINED 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, Section 1. That a specific use permit to allow a tire repair and sales establishment in a NC (Neighborhood Commercial) District at 2795 Eastex Freeway, being Lots 1 and 2, Block 1, Northwood Addition, City of Beaumont,Jefferson County,Texas, containing 0.18 acres, more or less, as shown on Exhibit"A," attached hereto; and, is hereby granted to Antonio Sipaque, his legal representatives, successors and assigns, as shown on Exhibits "A," attached hereto and made a part hereof for all purposes, subject to the following conditions; • All inventory display and tire repair and installation shall be done within the confines of the existing building. • No motor vehicle sales shall be permitted. • Elimination of the eastem-most drive on Delaware, replacing it with a landscaped island and four (4) crepe myrtle trees. 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," attached hereto 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 28 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 27th day of September, 2011. - Mayor Becky Ames - M2106-P: Request for a specific use permit to allow a tire repair and sales establishment in a NC (Neighborhood Commercial)District. 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L ,•• �+'I"•�'r5 •j;=!t} �,• s��R,1. :�:: � . :.ti rt ii_�Y �!`�'''' � a z)� ���-� �.;��,. =ya :r 4�> > t= .. .i,V{' . ,• �, w ., .. .. .�Y• fK=�lr..ri�°'.r!.L. sa ••1 �SM1�X.:... 1 �. - .. -.r:..x•�•[*^'Y.r��_ :xxY 'N ,� ; :r+.w^ �7r 4 September 27,2011 Consider a request for a specific use permit to allow a cell tower in a LI (Light Industrial) District at 1375 Averill RICH ■PITH OPPORTUNITY BEAUNDN* T • g • X • A o s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Cs 3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 27, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a cell tower in a LI(Light Industrial)District at 1375 Averill. RECOMMENDATION The Administration recommends approval of the specific use permit. BACKGROUND Global Tower Partners has applied for a specific use permit. Global Tower Partners proposes to build a 120 foot tall tower with a supporting compound within a 2,500 sq. ft. lease space. Access to the cell tower site will be by a 20'wide access easement connecting the site with Averill St. Cricket will be the primary tenant and the tower will provide communications coverage along the Interstate 10 and Martin Luther King areas of Beaumont. The proposed facility will be engineered to allow for additional wireless tenants. The subject property is located in an industrial area and immediately adjacent to a railroad yard. The nearest residentially zoned property is approximately 800 feet away. At a Joint Public Hearing held September 19,2011,the Planning Commission recommended approval 7:0 of the specific use permit. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELL TOWER IN A LI (LIGHT INDUSTRIAL) DISTRICT AT 1375 AVERILL STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Global Tower Partner has applied for a specific use permit to allow a cell tower in a LI (Light Industrial) District at 1375 Averill Street, being Lot 1 and 7/8 of Lot 2, Block 11, McFaddin 1 St Addition, City of Beaumont, Jefferson County,Texas, containing 0.11 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a cell tower in a LI (Light Industrial) District at 1375 Averill Street; 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 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, Section 1. That a specific use permit to allow a cell tower in a LI (Light Industrial) District at 1375 Averill Street, being Lot 1 and 7/8 of Lot 2, Block 11, McFaddin 1St Addition, City of Beaumont, Jefferson County, Texas, containing 0.11 acres, more or less, as shown on Exhibit "A," attached hereto; and, is hereby granted to Global Tower Partners, its legal representatives, successors and assigns, as shown on Exhibits "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," attached hereto 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 28 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 27th day of September, 2011. - Mayor Becky Ames - Request for a specific use permit to allow a cell tower in a LI(Light Industrial) District Location: 1375 Averill Applicant: Global Tower Partners 0 100 200 I I I Feet Legend ® 2108P LI M LI r N LOUISIANA ST LI LI GLADYS AVE LI EXHIBIT "A" •�- OE OC OE OE OE OE OE LOUISIANA STREET 4 I (60' UNIMPROVED ROW, VOL. 1, PG. 63 MR JCT) r \ I iltlalr'i�'M 1-STORY q" METAL 9unaNG I 217 t r 0 i70 (STORAGE FACILITY) I OE OE OE 2,717 SO. FT. 1:pM)3.1770M mum i 1fO�[1rW IH9M7M710N DOW \ caoNCRE,e> mgman i + -+ b I I I 0 7"he edt am fm I Frorosm d I t lw HL za,tsarsss euo ,\ � d ' 4W m� ZZ C Ld cr,cVet tY MCE TE , I � co I - �` �\ ► pwwo I Nab i N a I X 69894 ... .. + 08/25/11 I x WON= saw i IN am 4w ix a ammmit 9 17 w aswryNSrlb �- I ligme BEAUNONTKOAX \ / I I e w►TX ma A.2 \ 20' ALLEY (UNIMPROVED ROW, VOL. 1, PG. 63 MR JCT) ENLARGED SITE PLAN -----------1 5 September 27,2011 Consider the abandonment of a 5'utility easement on either side of an interior lot line between Lots 6 and 7, Block 3, Leroy Addition, Unit 2 located at 5360 Laverna Drive RICE WITS OFFORTUNITT ; I B MON EA,u T • R • 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 27, 2011 REQUESTED ACTION: Council consider the abandonment of a 5'utility easement on either side of an interior lot line between Lots 6 and 7, Block 3, Leroy Addition,Unit 2 located at 5360 Laverna Drive. RECOMMENDATION The Administration recommends approval of the abandonment subject to the following condition: • The street light and service line must be removed or relocated at the property owner's expense and with permission by the City. BACKGROUND Jeremy Mitchell with Faust Engineering and Surveying, Inc.,representing the property owners, Walter and Judy Bettis,has applied for the abandonment. Mr. Mitchell states that Walter and Judy Bettis purchased the two lots in 2008 with the intention of building a new home in the center of the two lots. Recently,after the completion of the design of the home, it was brought to the Bettis's attention that a 5'utility easement straddles the property line between the two lots. The easement is currently being used to bring power to a street light located between Lots 6 and 7. The request was sent to all interested parties. Entergy states that it has an overhead service line in the easement that powers a street light at the street. The street light and service line can be removed or relocated at the property owner's expense and with permission by the City. At a Regular Meeting held September 19,2011,the Planning Commission recommended approval 7:0 of the abandonment. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A FIVE (5) FOOT UTILITY EASEMENT LOCATED AT 5360 LAVERNA DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Walter and Judy Bettis have applied for the abandonment of a five(5) foot utility easement on either side of an interior lot line between Lots 6 and 7, Block 3, Leroy Addition, Unit 2 located at 5360 Laverna Drive, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the easement is no longer necessary for municipal utility purposes and the abandonment of said easement is in the best interest of the City and should be granted, subject to the following condition: • The street light and service line must be removed or relocated at the property owner's expense and with permission by the City. NOW, THEREFORE, BE IT ORDAINED 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 a five (5) foot utility easement on either side of an interior lot line between Lots 6 and 7, Block 3, Leroy Addition, Unit 2 located at 5360 Laverna Drive, City of Beaumont, Jefferson County,Texas, as described in Exhibit"A"and shown on Exhibit"B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law, subject to the following condition: • The street light and service line must be removed or relocated at the property owner's expense and with permission by the City. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - Mayor Becky Ames - r T LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 5'x 93'general utility easement that straddles the adjoining lot line between Lots 6 and 7,Block 3,Leroy Addition,Unit 2,beginning at the north side of a 15' drainage and utility easement that runs along the south property line of said Lots 6 and 7 and ending at the south right-of-way line of Laverna Drive, City of Beaumont, Jefferson County,Texas, containing 0.010 acres,more or less. EXHIBIT "A" ri-le 788 Request to abandon a 5' utility easement on either side of an interior lot line tween Lots 6 and 7,Block 3, Leroy Addition, Unit 2. cation: 5360 Laverna Dr. Applicant: Walter and Judy Bettis 0 100 200 Feet Legend -PA ® 788OB off, aQ o o � s R-S GC-MD EXHIBIT "B" 6 September 27,2011 Consider the abandonment of the most southerly 626.81'of the most northerly 651.81' of various 15'wide utility easements out of Block 11, French Heights Addition and the southerly 626.81' of the most northerly 651.81' of the East 15' of the Replat of Block 11, French Heights Addition, located on the west side of Eastex Freeway, approximately 1,080 feet south of the intersection of Eastex Freeway and W. Lucas Drive $ICS WITS OPPOSTIISITT BEA,.UN,U T • R • g • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager �s3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 27, 2011 REQUESTED ACTION: Council consider the abandonment of the most southerly 626.81'of the most northerly 651.81'of various 15'wide utility easements out of Block 11, French Heights Addition and the southerly 626.81' of the most northerly 651.81'of the East 15'of the Replat of Block 11, French Heights Addition, located on the west side of Eastex Freeway, approximately 1,080 feet south of the intersection of Eastex Freeway and W. Lucas Drive. RECOMMENDATION The Administration recommends approval of the abandonment. BACKGROUND Roane Ruddy,representing Classic Chevrolet,has applied for an abandonment of a portion of a utility easement and a utility/drainage easement. The subject property is located next to Classic Chevrolet on what is commonly referred to as the "Old Wal-Mart Tract". According to Mr. Ruddy,the utility easements are no longer needed. They are being replaced by a new easement that is being dedicated. The request was sent to all interested parties. Water Utilities states that an existing 8" sanitary sewer main in the easement will become private. Draingage District#6 has reviewed the request and agrees that the drainage easement can be abandoned. Mr.Ruddy has worked with Entergy to move electrical distribution lines into the new dedicated easements. Entergy,therefore, does not object. At a Regular Meeting held September 19, 2011,the Planning Commission recommended approval 7:0 of the abandonment. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF A UTILITY EASEMENT AND A UTILITY/DRAINAGE EASEMENT LOCATED AT THE WEST SIDE OF EASTEX FREEWAY, APPROXIMATELY 1,080 FEET SOUTH OF THE INTERSECTION OF EASTEX FREEWAY AND W. LUCAS DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Roane Ruddy. on behalf of property owner, Classic Chevrolet, has applied for the abandonment of a portion of a utility easement and a utility/drainage easement located at the west side of Eastex Freeway, approximately 1,080 feet south of the intersection of Eastex Freeway and W. Lucas Drive, City of Beaumont, Jefferson County,Texas, as described in Exhibit"A"and shown on Exhibit"B,"attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the easements are no longer necessary for municipal utility purposes and the abandonment of said easements are in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED 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 a portion of a utility easement and a utility/drainage easement located at the west side of Eastex Freeway, approximately 1,080 feet south of the intersection of Eastex Freeway and W. Lucas Drive, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same are hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - Mayor Becky Ames - J LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Utility Easement-Being the southerly 626.81' of the most northerly 651.81'of various 15 foot width utility easements out of Block 11 of French Heights Addition to the City of Beaumont, Jefferson County,Texas,as recorded in Volume 434,Page 191, Volume 434, Page 195,Volume 1553,Page 327,Vol. 1604,Page 265,Deed Records of Jefferson County,Texas,being also the northerly 651.81' of said easements, save and except the most northerly 25'thereof adjoining the southwest right-of-way line of U.S. Highway 69, containing 0.21 acres,more or less. Utility/Drainage Easement-Being the southerly 626.81'of the most northerly 651.81'of the East 15' of the Replat of Block 11 of French Heights Addition to the City of Beaumont, Jefferson County, Texas, according to the map recorded in Volume 8,Page 31 of the map records of Jefferson County,Texas,being also the northerly 651.81' of said easements save and except the most northerly 25'thereof adjoining the southwest right-of-way line of U.S. Highway 69,containing 0.21 acres,more or less. EXHIBIT "A" ! :Request to abandon the most southerly 626.81' of the most northerly 651.81' of various 15'wide utility easements out of Block 11,French Heights Addition and the southerly 26.81'of the most northerly 651.81'of the East 15'of the Replat of Block 11,French Heights Addition. Location: West side ofEastez Freeway, approximately 1,080 feet south of the intersection of Easte Freeway and W. Lucas Drive 0 100 200 Applicant:Roane Ruddy I Feet Legend GC-M.D vJG� F9 78208 GC-MD G2 R s FOLSOM DR G2 AR THUR LN GC-M-D R -H z M RM=H o RM-H 0 R -S EXHIBIT "B" - -T 7 September 27,2011 Consider authorizing a grant budget adjustment between the Cartwright/Corley Drainage Improvements and the Riverfront Park Bank Stabilization projects RICH WITH OPPORTUNITY BEAUM,T • $ • a • A • s City Cannel Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart,Public Works Director %6 MEETING DATE: September 27, 2011 REQUESTED ACTION: Council consider authorizing a grant budget adjustment between the Cartwright/Corley Drainage Improvements and the Riverfront Park Bank StabA&ation projects. RECOMMENDATION The administration recommends the adjustment. BACKGROUND The Council authorized the acceptance of a grant through the Texas Department of Rural ABhirs (TDRA)in November 2009 for Supplemental Disaster Recovery Non-Housing Activities. The approved projects to be funded through this grant are Cartwright/Corley Drainage Improvements and the Riverfrom Park Bank Stabilization. Both projects are c urremly under construction. The total funds awarded are as indicated below: Total Grant Award $4,340,669 Less Engineering and Consulting Fees 448.892 Available Construction Funds $3,891,777 The requested budget adjustment is as follows: Carhniglrt wley D ts Ri"Wfi eat Park B"k StabiliMRti" Projed Original E dmood Budget $1,625,001.00 OrigiWEAtimatedBudipt $2,266,776.00 Revised Budget $1,058,791.55 Revised Budget $3,099,653.24 Difference $5"vMAS Diffeiame -�=2477.24> TDRA Budget Adjustment September 27, 2011 Page 2 The Administration recommends that the excess fiords ffom the Cartwright/Corley project be used for the River&ont Park project. In order to transfer the excess grant finds from the Cartwright/Corley project to the River&ont Park project,the City must eacute a TDRA Budget Adjustment. The adjustment does not after the total grant award of$4,340,669. BUDGETARYIMPACT The City will be responsible for the costs in excess of the grant award. The excess costs to be funded by the Capital Program are$266,667.79. 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 Texas Department of Rural Affairs (TDRA) Budget Adjustment for the purpose of transferring excess grant funds from the Cartwright/Corley Drainage Improvements Project to the Riverfront Park Bank Stabilization Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - Mayor Becky Ames - 8 September 27,2011 Consider amending Chapter 20,Article 20.01, General Provisions, Section 20.03.004 of the Code of Ordinances related to speed limits in school zones RICH WITH OPPORTUNITY A; k r . g . A S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: September 27, 2011 REQUESTED ACTION: Council approve an ordinance amending Chapter 20,Article 20.01, General Provisions, Section 20.03.004. Speed limits in school zones of the Code of Ordinances that would update the locations and limits of school speed zones. RECOMMENDATION Administration recommends Council approve an ordinance amending Chapter 20, Article 20.01, General Provisions, Section 20.03.004. Speed limits in school zones of the Code of Ordinances that would update the locations and limits of school speed zones. BACKGROUND The Public Works Department/Transportation Division has recently completed a comprehensive review of all the school related traffic control devices citywide. As a part of this review all 85 school zones located within the city limits were reviewed for compliance with the latest criteria as set forth in the Texas Manual of Uniform Traffic Control devices. Changes in the manual's criteria, coupled with the modifications being implemented by the Beaumont Independent School District as a part of new school construction, have resulted in the need to alter the existing school speed zone boundaries, or add new zones, at approximately half of the school zones as set forth in the Code of Ordinances. It is recommended that the school zones in need of modification be deleted from the code and replaced with zones of appropriate length as detailed below: ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.004 BY AMENDING SCHEDULES A, D AND E OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, Section 20.03.004, Speed limits decreased in school zones, Schedules A, D and E of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: SCHEDULE A In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:30 a.m. to 9:00 a.m. and 3:00 p.m. to 4:15 p.m., Monday through Friday on school days. Street Direction of Travel Descrioltion Avenue E N & S From a point 200 feet north of the centerline of Gilbert Street to a point 45 feet south of the centerline of Gilbert Street. Berkshire Lane N & S From the centerline of N. Caldwood Drive to a point 65 feet north of the centerline of Stratton Lane. Blanchette Street E &W From a point 35 feet east of the centerline of Sixth Street to a point 50 feet west of the centerline of Condon. Street Direction of Travel Description Brooklyn Street N & S From a point 40 feet north of the centerline of Cuniff Avenue to a point 225 feet north of the centerline of Lincoln Street. CalderAvenue E &W From a point 200 feet east of the centerline of Twenty-Fourth Street to a point 445 feet west of the centerline of Twenty-Fourth Street. N. Circuit Drive E &W From the centerline of Peyton Drive to a point 225 feet east of the centerline of Belvedere Parkway. Cleveland Street E &W From a point 225 feet south of the centerline of Ives Street to a point 225 feet north of the centerline of Arthur Street. College Street E &W From a point 40 feet east of the centerline of Avenue E to a point 295 feet west of the centerline of Avenue F. Corley Street E &W From a point 425 feet east of the centerline of Eighth Street to a point 330 feet west of the centerline of Eighth Street. FM 364 (Major Dr.) N & S From a point 250 feet south of the centerline of Manion Drive to a point 150 feet south of the centerline of Westgate Drive. Fourth Street N & S From a point 220 feet north of the centerline of W. Virginia Street to a point 180 feet south of the centerline of W. Virginia Street. Franklin Street E &W From a point 40 feet west of the centerline of Avenue E to a point 275 feet west of the centerline of Avenue F. Street Direction of Travel Description Goliad Street N & S From a point 180 feet north of the centerline of Lela Street to a point 180 feet south of the centerline of Sarah Street. Highland Avenue N & S From a point 150 feet south of the centerline of Nolan Street to a point 50 feet south of the centerline of Clark Street. Homer Drive N & S From a point 40 feet east of the centerline of House Road to the Beaumont Independent School District boundary of Horner Elementary School. Howell Street N & S From a point 50 feet north of the centerline of Derby Street to a point 125 feet south of the centerline of Regina Lane. Irving Street N & S From a point 50 feet north of the centerline of Cuniff Avenue to a point 50 feet north of the centerline of Schwarner Street. Lavaca Street E &W From a point 50 feet west of the centerline of Sullivan Street to a point 50 feet east of the centerline of Lakner Street. Lela Street E &W From a point 25 feet west of the centerline of Usan Street to a point 150 feet west of the centerline of Goliad Street. E. Lucas Drive E &W From a point 420 feet east of the centerline of Windsor Parkway to a point 325 feet west of the centerline of Windsor Parkway. Street Direction of Travel Description Magnolia Avenue N & S From a point 400 feet south of the centerline of Trinidad Street to a point 50 feet south of the centerline of E. Lucas Drive. Peyton Drive N & S From a point 50 feet south of the centerline of Wynden Way to the centerline of N. Circuit Drive. Pine Street N & S From a point 50 feet south of the centerline of Pollard Street to a point 30 feet south of the centerline of Hill Street. Regina Lane E &W From a point 275 feet east of the centerline of Howell Street to a point 650 feet west of the centerline of Howell Street. St. Helena Street N & S From a point 250 feet south of the centerline of Pope Street to a point 250 north of the centerline of Pope Street. Taft Street E &W From a point 220 feet west of the centerline of Cleveland Street to the centerline of Cleveland Street. E. Virginia Street E &W From the centerline of Highland Avenue to a point 225 feet west of the centerline of Hartel Street. W. Virginia Street E &W From a point 180 feet west of the centerline of Goliad Street to a point 50 feet west of the centerline of Usan Street. Old Voth Road N & S From a point 150 feet north of the centerline of Lawrence Drive to a point 100 feet south of the centerline of Griffing Road . White Oak Lane N & S From a point 40 feet south of the centerline of Lawrence Drive to the Beaumont Independent School District boundary of Homer Elementary School. Street Direction of Travel Descriodon Woodrow Street E &W From the centerline of Grandberry Streeet to a point 30 feet west of the centerline of Maddox Street. SCHEDULE D In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:45 a.m. to 9:15 and 3:00 p.m. to 4:30 p.m., Monday through Friday on school days. Street Direction of Travel Limits Concord Road N & S From a point 400 feet north of the centerline of Carlisle Drive to a point 225 feet south of the centerline of Pinkston Street. Gladys Avenue E &W From the centerline of Dowlen Road to a point 175 feet east of Woodpark Street. Major Drive N & S From a point 50 feet north of the centerline of Braebum Lane to a point 100 feet north of the centerline of Morgan Lane. McLean Street E &W From a point 225 feet west of the centerline of Trojan Drive to a point 35 feet east of the centerline of Eldridge Drive. Westgate Drive E &W From a point 95 feet west of the centerline of Peyton Drive to a point 625 feet west of the centerline of Peyton Drive. SCHEDULE E In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:00 a.m. to 8:30 a.m. and 2:45 p.m. to 3:45 p.m., Monday through Friday on school days. Street Direction of Travel Description Delaware Street E &W From a point 30 feet east of the centerline of Briarcliff Drive to a point 280 feet east of the centerline of W. Lucas Drive. Sarah Street E &W From a point 50 feet east of the centerline of Fatima Street to a point 250 feet west of the centerline of Winston Drive. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - Mayor Becky Ames - 9 September 27,2011 Consider amending Chapter 22, Section 22.02.0003 (b)and Section 22.02.0005 (a)of the Code of Ordinances BIC$ WITH OPPORTUNITY &so RA BEA11M N*, T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officerp MEETING DATE: September 27, 2011 REQUESTED ACTION: Council consider amending Chapter 22, Sections 22.02.0003 (b) and 22.02.0005 (a)of the Code of Ordinances. RECOMMENDATION Administration recommends Council amend Chapter 22, Section 22.02.003 (b) of the Code of Ordinances to increase the service charges related to delinquent bills for water and sewer service and Section 22.02.0005 (a)to increase the fee for testing a meter. BACKGROUND As discussed in a work session on September 20,2011,the above referenced sections of the Code of Ordinances were last updated in December of 2003. Since that time the City has experienced increased fuel and labor costs associated with the activities for which the service charges relate. A survey was conducted to see how the City's service charges compare to that of other cities. The survey indicated that several of the fees including: the fee for a broken seal, meter removal, service kill at the main line, and the fee for a second trip to turn on service need to be increased. There are also proposed changes in the names of some of the fees. In addition, a new fee is proposed to charge a customer who attempts to alter,tampers with, willfully breaks, destroys, steals or impairs a water meter. The proposed new fee will be a tampering fee of$100. Proposed changes are in bold in the attached table: Current Name Current Fee Proposed Name Proposed Fee Section 22.02.003 (b) Field collection $ 20.00 Field notification $ 20.00 Cut and seal 25.00 Disconnection 25.00 Seal broken 15.00 Unauthorized use 35.00 Meter removed 30.00 Meter removed 50.00 Service killed at the 100.00 Service killed at the main 300.00 main line line Second trip on service 10.00 Second trip on service 15.00 turn-on turn-on Turn on fee 15.00 Turn on fee 15.00 Returned check 25.00 Returned check 25.00 Late fee 5.00 Late fee 5.00 Tampering Fee 100.00 Section 22.02.0005 (a) Meter test 10.00 Meter test 30.00 BUDGETARYIMPACT An increase in these fees will allow the City to offset annual expenditures of approximately $42,500 associated with delinquent water and sewer bills. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, SECTION 22.02.003(b)OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO INCREASE THE SERVICE CHARGES RELATED TO DELINQUENT BILLS FOR WATER AND SEWER SERVICE AND ADDING A NEW TAMPERING FEE; AND, AMENDING SECTION 22.02.005(a) TO INCREASE THE FEE FOR METER TESTING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 22, Section 22.02.003(b), of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to increase the service charges related to delinquent bills for water and sewer service and adding a new tampering fee to read as follows: Sec. 22.02.003 Payment of charges and deposits (b) Failure or refusal by any customer to pay any bill to the city, upon demand, shall constitute a breach of contract, and water and sewer service may, within ten (10) days from the notice of such failure, be discontinued to the customer, and, at the discretion of the finance officer, such services shall not be renewed until the customer has paid all delinquent bills, plus the following applicable service charges: (1) Field notification: $20.00 (2) Disconnection: $25.00 (3) Unauthorized use: $35.00 (4) Meter removed: $50.00 (5) Service killed at the main line: $300.00 (6) Second trip on service turn-on: $15.00 (7) Turn on fee: $15.00 (8) Returned check: $25.00 (9) Late fee: $5.00 (10) Tampering fee: $100.00 and, That Chapter 22, Section 22.02.005(a), of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to increase the fee for meter testing to read as follows: Sec. 22.02.006 Testing water meters (a) Any customer to whom water is furnished through a meter shall have the right to demand that his water be tested for accuracy, and when the customer wishes such test made, he shall deposit with the water department thirty dollars ($30.00) for each meter he desires to be tested. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - Mayor Becky Ames - 1© September 27,2011 Consider authorizing the City Manager to increase the Cattail Marsh Constructed Wetland Rehabilitation Project amount RICH WITH OPPQ$TVNITT ft,a B ON* E A UN. T • It 0 X • A • s City Council Agenda. Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, P.E.,Water Utilities Director MEETING DATE: September 27,2011 REQUESTED ACTION: Council consider authorizing the City Manager to increase the Cattail Marsh Constructed Wetland Rehabilitation Project amount. RECOMMENDATION The Administration recommends approval of increasing the contract with Brystar Contracting, Inc., of Beaumont for the Cattail Marsh Constructed Wetland Rehabilitation Project by the amount of$108,531.40. The proposed changes to the contract will include the repair of the levee at Cell 4, design and installation of an elevated observation deck, and mowing of all levees in the constructed wetlands. The proposed extra work will represent an increase of 1.10%to the revised contract amount. BACKGROUND The wetlands have undergone major physical., chemical, and biological changes since they were built in 1990. These changes prohibit the wetlands from meeting the design criteria and discharge limits set by the Texas Commission on Environmental Quality(TCEQ). The Water Utilities Department has negotiated and agreed upon a 4.5-year waiver with the TCEQ regarding discharge limits provided the City rehabilitates the wetlands. The waiver protects the City from fines that can be issued by the TCEQ as a penalty for permit limit excursions. The change order proposed by the City does not compromise the agreement with the TCEQ nor the integrity of the design. Previous actions include: Resolution 07-369 in the amount of$12,894,000.00 was passed by the City Council on November 6, 2007. Resolution 07-369 in the amount of($3,212,387.72)was passed by City Council on November 6, 2007. Resolution 11-053 in the amount of$188,137.97 was passed by City Council on February 1, 2011. Cattail Marsh Constructed Wetland Rehabilitation September 27, 2011 Page 2 of 2 Resolution 11-127 in the amount of$40,353.00 was passed by City Council on April 12, 2011. BUDGETARY IMPACT Funds for the project are provided by the Capital Program. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Four-(4) DATE: September 27,2011 PROJECT: City of Beaumont,Texas Cattail Marsh Constructed Wetland Rehabilitation OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Brystar Contractors,Inc. 8385 Chemical Road Beaumont,Texas 77705 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: To furnish all labor,equipment,materials,and supervision as required to complete the repair of the levee at Cell 4, design and installation of an observation deck, and mowing of all cell levees. No correction in contract time (additional work days)is required in conjunction with this change. ORIGINAL CONTRACT AMOUNT: $12,894.000.00 AMOUNT OF CHANGE ORDER No.1 ($3,212,387.72) AMOUNT OF CHANGE ORDER No.2 $188,137.97 AMOUNT OF CHANGE ORDER No.3 $40,353.00 REVISED CONTRACT AMOUNT PER PREVIOUSLY APPROVED CHANGE ORDERS No.1,2,and 3 $9,910,103.25 THIS CHANGE ORDER Description: Net Change Furnish all necessary Labor,Equipment,Materials,and Supervision,as required to repair the bank failure of the levee in Cell 4 including all excavation,hauling, $44,888.40 placement,compaction,and planting. Furnish design sealed by a Texas licensed Professional Engineer,all necessary labor,equipment,materials,and supervision for the construction of an observation $54,403.00 deck. Furnish labor and equipment to mow all levees. $9,240.00 TOTAL AMOUNT OF THIS CHANGE ORDER: $108,531.40 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $10,018.634.65 CONTRACT TIME Additional Time(Days)Requested/Granted: 0 Calendar Days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change 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." Approved by: Accepted by: City of Beaumont Brystar Contracting,Inc. Owner Contractor Date: Date: F:\WOAMWC Ul SUlw Mum—WellaW RehaMt&tm\Change pdu No 4 ay.alu RESOLUTION NO. WHEREAS, on November 6,2007,the City Council of the City of Beaumont,Texas, passed Resolution No.07-369 awarding a contract in the amount of$12,894,000 to Brystar Contracting,of Beaumont,Texas,forthe Cattail Marsh Constructed Wetland Rehabilitation Project; and, WHEREAS, on November 6, 2007,the City Council of the City of Beaumont, Texas passed Resolution No. 07-369 for Change Order No. 1 in the amount of($3,212,387.72), thereby decreasing the contract amount to $9,681,612.28; and, WHEREAS, on February 1, 2011, the City Council of the City of Beaumont, Texas passed Resolution No. 11-053 for Change Order No. 2 in the amount of $188,137.97, thereby increasing the contract amount to $9,869,750.25; and, WHEREAS, on April 12, 2011, the City Council of the City of Beaumont, Texas passed Resolution No. 11-127 for Change Order No. 3 in the amount of $40,353.00, thereby increasing the contract amount to $9,910,103.25; and, WHEREAS, Change Order No.4 in the amount of$108,531.40 is required to repair the levee at Cell 4, design and install an elevated observation deck and mow all levees in the constructed wetlands, thereby increasing the contract amount to $10,018,634.65. 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 Change Order No. 4 for additional work described above, thereby increasing the contract amount by $108,531.40 for a total contract amount of$10,018,634.65. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - Mayor Becky Ames - 11 September 27,2011 Consider approving a bid for site work associated with the installation of a truck scale at the Beaumont Landfill RICH WITH OPPORTUNITY B A- M EJ T - E g • A » s C' Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart,Public Works Director, MEETING DATE: September 27,2011 REQUESTED ACTION: Council consider the award of a bid for site work associated with the installation of a truck scale at the Beaumont Landfill. RECOMMENDATION Administration recommends the award of a contract to Brystar Contracting, Inc. of Beaumont in the amount of$79,000. BACKGROUND The Texas Commission on Environmental Quality(TCEQ) and the Environmental Protection Agency(EPA)recommend that materials entering a landfill be measured by weight. Waste haulers are required by their customers to document accurate weights being disposed of to assure the customers are in compliance with Leadership in Energy and Environmental Design(LEED) requirements. The City's Landfill does not currently have a scale designed to weigh incoming materials and therefore materials are measured by volume. On September 8,2011,bids were received for the site work necessary to install a truck scale with a 70'x 10'weighing platform. Specifications include the concrete and electrical work necessary to prepare the site for installation of the scale. Bidders were asked to provide a price per square yard for additional concrete pavement should it become necessary during the course of the project. The 240,000 pound capacity scale was purchased directly from Fairbanks Scales. The manufacturer is responsible for installation after the site work is completed. The following bids were received for the site work: Vendor Buse Bid Alt.No.1 Gary Whitman Materials,Inc., Sour Lake,TX $69,931.85 $68.20/sq yd Brystar Contracting,Inc.,Beaumont,TX $79,000.00 $46.00/sq yd Placo,LTD.,Lumberton,TX $98,569.13 $58.97/sq yd Landfill Scale Site Work September 27, 2011 Page 2 The City's standard specifications require a general contractor to perform or provide at least 50% of the labor,materials, and equipment. The apparent low bidder indicated that approximately 72%of the work would be provided by a subcontractor. Therefore,the apparent low bid has been rejected due to noncompliance with bid specifications. Administration recommends awarding the contract to the second lowest bidder,Brystar Contracting,Inc. who meets all bid specifications and has indicated they intend to subcontract approximately 11%of the project. Additionally, Brystar will use materials with an estimated value of$12,500, or 16%of the project, from Specialty Sales Company, an MBE certified vendor. The project is expected to take ninety(90) days for completion. BUDGETARY IMPACT Funding is available in the Solid Waste Management Fund. RESOLUTION NO. WHEREAS, bids were solicited for site work associated with the installation of a truck scale at the Beaumont Landfill; and, WHEREAS, Brystar Contracting, Inc., of Beaumont, Texas, submitted a bid in the amount of$79,000; and, WHEREAS, City Council is of the opinion that the bid submitted by Brystar Contracting, Inc. should be accepted; 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 bid submitted by Brystar Contracting, Inc., of Beaumont, Texas, in the amount of $79,000 for site work associated with the installation of a truck scale at the Beaumont Landfill be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - Mayor Becky Ames - 12 September 27,2011 Consider approving annual contracts for ready mix concrete and related heavy materials RICH WITH OPPORTUNITY BEAUNOK* T • 8 • a • • • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Maier PREPARED BY: Laura.Clark, Chief Financial Officer bt-1 MEETING DATE: September 27, 2011 REQUESTED ACTION: Council consider authorizing the award of annual contracts for ready mix concrete and related heavy materials. REC0ACMMNHAMN The Administration reoomds award of a contract to Try W Inc., of Bit,in the estimated amount of$555,950 for purchase of ready mix con ante,cement stabilized base,and miscellaneous heavy materials;and to Knife River, Inc.,of Beaumont,in the estimated amp of$21,000 for purchase of limestone base materials. BACKGROUND Bids were solicited from six(6)vendors,two(2)responded with valid bids. These materials are used by multiple City departments for geaail construction, street I eplacammt and water and sewer projects. This contract combines the requests of each affected department under a single heavy materials contract. Both vendors have previously held all or poster of the various contracu for these materials. The items in bold below are recomnnended. Section 1-p4wy Mix 1,3MAD S 33,M0.00 S 103 00.00 Section 2-Ceacmt Stied Base S 34,30.00 S 42,000.00 S 34,500.00 Sec dm 3-Lime Base S .00 S 1 000.00 $ 1?000AD Semen 4-Misc McMaials S 700.00 $ 60.00 $ 312,000.00 TOTAL. IS 21 BUDGETARY 11"ACT Funds for these expenditures are budgeted in the operating budgets of the several Departments using these materials. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract for the purchase of ready-mix concrete and related materials for use by multiple City departments for general construction, street repair/replacement and water and sewer projects; and, WHEREAS, Transit Mix, Inc.,of Beaumont,Texas, submitted a bid in the estimated amount of $555,950delivered/$434,700 pickup for the purchase of ready-mix concrete, cement stabilized base, and miscellaneous heavy materials as shown below; and, WHEREAS, Knife River, Inc., of Beaumont, Texas, submitted a bid in the estimated amount of$21,000 delivered/$17,000 pickup for the purchase of limestone base materials as shown below: tea, Transit Uk Knift River action 1 -Re Mixit4' $133,000.00 $103,000.00 tion 2-Cement Stabilized Base $ 44 $ $ 42,000.00 $ 34,500.00 tion 3-Limestone Base $ 22,500.0 $ 1810 $ r 7 OOtM 00` coon 4-Misc Heavy Materials $3i, $405,600.00 $312,000.00 OTAL $57$,450. $452, $601,600.00 $x,500.00 and, WHEREAS, City Council is of the opinion that the bid submitted by Transit Mix, Inc. for ready-mix concrete,cement stabilized base and miscellaneous heavy materials and the bid submitted by Knife River for limestone base materials should be accepted; and, 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 bid submitted by Transit Mix, Inc., of Beaumont, Texas, for ready-mix concrete, cement stabilized base and miscellaneous heavy materials in the estimated amount of$555,950 delivered/$434,700 pickup and the bid submitted by Knife River, of Beaumont, Texas, for limestone base materials in the estimated amount of $21,000 delivered/$17,000 pickup be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2011. - Mayor Becky Ames -