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HomeMy WebLinkAboutPACKET JAN 08 2008 ACV~ IL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 8, 2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointment Pastor Henry J. Davis would be appointed to the Martin Luther King, Jr. Parkway Commission. The term would commence January 8, 2008 and expire January 7, 2010. (Councilmember Nancy Beaulieu) Brooks Goodhue would be reappointed to the Community Development Advisory Committee. The current term would expire October 13, 2009. (Councilmember W. L. Pate) J. Shane Howard would be reappointed to the Parks and Recreation Advisory Commission. The current term would expire May 9, 2009. (Councilmember W. L. Pate) Adrienne Lee would be appointed to the Library Commission. The term would commence January 8, 2008 and expire January 7, 2010. (Mayor Pro Tern Audwin M. Samuel) A) Amend Resolution No. 07408 accepting maintenance of the water and sanitary sewer improvements on Acadiana Court Street B) Authorize the acceptance of a twenty (20) foot wide water and sanitary sewer easement across the Broussard 200 acre tract located on Dishman Road A 1175aw'i City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: January 8, 2008 REQUESTED ACTION: Council consider amending Resolution No.07-408, accepting maintenance of the water and sanitary sewer improvements on Acadiana Court Street. RECOMMENDATION Administration recommends approval of the water improvements only for Lots 1 and 2, the sanitary sewer will remain private. Acadiana Court is a private street off of Delaware Street approximately 382 feet north to the end of the cul-de-sac, and only the water improvements should be accepted. BACKGROUND The aforementioned improvements in the subdivision passed final inspection by all entities involved on December 11, 2007. BUDGETARY IMPACT None. Acad,anaCouft.wpd 01/03/2008 RESOLUTION NO. WHEREAS, City Council approved Resolution No. 07-408 accepting maintenance of the water and sanitary sewer improvements on Lots 1 and 2 in the Acadiana Court Subdivision; and, WHEREAS, only the water improvements are to be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That Resolution No. 07-408 is hereby amended to accept only the water improvements on Lots 1 and 2 in the Acadiana Court Subdivision. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. - Mayor Becky Ames - B City Council Agenda It m ti7q A K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: January 8, 2008 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a twenty(20) foot wide water and sanitary sewer easement across the Broussard 200 acre tract located on Dishman Road. RECOMMENDATION Administration recommends acceptance of the above named easement. BACKGROUND A. Huston Properties, LLC, Eloi Developments, LLC and the Beaumont Metropolitan YMCA have agreed to convey a twenty(20) foot wide water and sanitary sewer easement to the City of Beaumont. The easement will be used to provide water and sanitary sewer service to the property located on Dishman Road from the Drainage District#6 property west to the LNVA Canal [1.165 acres out of the Broussard Tract, A. Houston League]. BUDGETARY IMPACT None. engdishman_broussard-ib.wpd 26 December 2007 RESOLUTION NO. WHEREAS,A. Huston Properties, LLC, Eloi Developments, LLC and the Beaumont Metropolitan YMCA have agreed to convey a twenty (20) foot wide water and sanitary sewer easement to the City of Beaumont across the Broussard 200 acre tract located on Dishman Road, as described in Exhibit"A"and shown on Exhibit"B"attached hereto; and, WHEREAS, the City Council has considered the acceptance of said easement and is of the opinion that the acceptance of said easement of property is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT said easement conveyed by A. Huston Properties, LLC, Eloi Developments, LLC and the Beaumont Metropolitan YMCA be and the same is hereby, in all things accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. - Mayor Becky Ames - EXHIBIT"A" . CITY OF BEAUMONT WATER AND SEWER EASEMENT All that certain tract or parcel of land lying and being situated in Jefferson County, Texas, a part of the southeast one quarter of the A.HOUSTON LEAGUE,ABSTRACT NO. 33 and being a part of that certain tract of land herein referred to as the "Broussard" Tract, which said Broussard tract is described as "Exhibit A" in that certain Partition Deed dated August 7, 1998 and recorded in County Clerk's Frle No. 98-9829841 of the Real Property Records of Jefferson County, Texas with said tracti` r o parcel herein described being more particularly described as follows: BEGINNING at a Jefferson County Drainage District No. 6 monument found in the south right of way line of Dishman Road,a 60 foot wide'right of way,for the northeast comer of the said Broussard tract and being the northwest corner of that certain tract of land herein referred to as the "11.80 acres" tract, which said 11.80 acres is described in that certain -instrument from A.Huston Properties,LLC to Jefferson County e District No.6 dated in t3' g red December 19,2003 and recorded in County Clerk's File No.2003051955 of the Rea[ Property Records of Jefferson County,Texas; THENCE South 87°08'41"West(called North 890 57' 33"West)along and with the south right of way line of Dishman Road for a distance of 2536:55 feet(called 2537.01) to a %"inch iron rod found for the northwest comer of the tract herein described,said corner being the northwest corner of the said Broussard tract in the east line of that certain tract of land herein referred to as the%NVA"tract, which said LNVA tract is described as"Strip No. 2" in that certain instrument from the Lanman Company to Lower Neches Valley Authority dated September 10, 1954 and recorded in Volume 948, Page 160 of the Deed Records of Jefferson County,Texas; THENCE South 02°43' 05"East(called South.00° 10' 19"West)along and with the east line of the said LNVA tract and the west line of said Broussard tract for a distance of 20.00 feet to a 1/2 inch rod set and marked "SPI INC' for the southwest comer of the tract herein described; THENCE North 870 08' 41" East parallel with the north line of the said Broussard tract and the south right of way line of Dishman Road fora distance of 2536.63 feet to a U2 inch iron rod set and marked"SPI INC"for comer, said comer being the southeast corner of the tract herein described, and said comer being in the east line of the said Broussard tract and the west line of said 11.80 acre tract; THENCE North 020 56' 12"West(called North 00°02' 22"West)along and with the west line of the said 11.80 acre tract for a distance of 20.00 feet to the Point of Beginning and Containing 1.165 acres of land,more or less. S G.Newsome Jr. 7 OF«•� Texas Registered.Professional.Land Surveyor No.2176 o•; rStAt4LEY C %TV;GME.JR. rURv ti,6 asw� �•� EASEMENT X LOCATION t $tet N.T.S. r 1- - J - -� - - - - - - -VICINITY 11tAP- - - - - - - - - -1 DISIINAN ROAD po•uar.I S OY18'06' � (1.16-AACRES)-O[S—J �eroe'�1• r YaYS.as• - t.t6-U- N w"71"-Y Y0.O N 87. ( IY CITY 0I BNRN pry Of etN2►on' O •••.••—_—_— *+rss°..�"' UT&M EASENEIO Mutt EASEMENT of SWAM ror w e 200 ACRES 1 � 1 1�� I 1 � i 1 bob �°1 t '00mr R, i fit$ COUNTY CLERK'S ERI Na 98-"29941 I RF.R,of J.C.,T2C I EXHIBIT "Bop I 20 . CITY -OF BEAUMONT WA TER . AND SEWER EASEMENT OF''p ACROSS THE BR 0 USSARD 200 ACRE TRACT ° IN THE S�rJ{UV>EY(. "(n►.tipME.,R• A. HOUSTON LEAGUE, ABST. No. 33 } ».217%, ?P•'� JEFFERSON COUNTY, TEXAS URA SCALE: N.T.S. WiMPM5CHAUMBURG&RI-Kw. y.may y� wm#A NT•Nawm r Trim �+ r DATE P 6+•'V own Do"ar"t emmo R Teas Mm STANLEY C. E JR. 4088661041 P-4O8.888A337P TEXAS RE PROFESSIONAL LAND SURVEYOR No. 2178 r.-8MT/193300/DNC/PNASE ONE/AIEAOOWS_ESNT.ONO City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 8, 2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 6-12/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a specific use permit to allow a civic/social association with the sale of alcoholic beverages in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3859 Stagg Drive 2. Consider approving a request for a specific use permit to allow a business office and warehouse in a CBD (Central Business District) at 585 Wall Street 3. Consider approving a request for a specific use permit to allow a bank in the CBD (Central Business District) at 490 Park Street 4. Consider approving a request to abandon a portion of Trinity Street between Franklin and Milam Streets 5. Consider approving a request for an HC-L (Historic-Cultural Landmark Preservation Designation) at 2368 McFaddin 6. Consider authorizing the City Manager to execute State Funds Amendment#1 to the State/Local Public Transportation Grant Agreement with the Texas Department of Transportation 7. Consider authorizing the City Manager to execute a contract for the Proposed New Water Well No. 2 and Related Pilot Hole Project 8. Consider approving the purchase of a jet rodder and truck chassis for the Water Utilities Department 9. Consider approving the purchase of a combination jet vacuum machine and truck chassis for the Streets and Drainage Department 10. Consider authorizing the City Manager to accept an Emergency Management Performance Grant from the Department of Homeland Security 11. Consider amending Chapter 6 of the Code of Ordinances relating to the National Electrical Code and remaining with the 2005 edition 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: City of Beaumont vs. Attorney General Greg Abbott GENERAL BUSINESS 12. Consider authorizing the City Attorney to do all things necessary, including filing and serving all legal actions necessary to contest an adverse Attorney General letter ruling which the City Attorney determines should be appealed EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Dan Eisen Claim of John and Brenda Gilbert * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Magistrates Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 January 8,2008 Consider approving a request for a specific use permit to allow a civic/social association with the sale of alcoholic beverages in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3859 Stagg Drive ...... City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager �i PREPARED BY: Chris Boone, Community Development Director MEETING DATE: January 8, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a civic/social association with the sale of alcoholic beverages in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3859 Stagg Drive. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a civic/social association with the sale of alcoholic beverages in a GC-MD (General Commercial- Multiple Family Dwelling) District at 3859 Stagg Drive. BACKGROUND Mildred Lemell with The Swing Out Civic Club has requested a specific use permit to allow a civic/social association with the sale of alcoholic beverages in a GC-MD (General Commercial- Multiple Family Dwelling) District. The property is located at 3859 Stagg. The Swing Out Civic Club is a 19 member volunteer non-profit organization that has, through the weekly teaching of swing out dance lessons, raised monies to provide assistance to the youth, elderly and needy of Beaumont. The club spent the last 13 years at the Holiday Inn-Holidome where they rented Quentin J's two nights a week. After Hurricane Rita, the night club was turned into a conference room. This prompted the Swing Out Civic Club to search for a new location. The club meets on Tuesday and Friday nights. A typical Tuesday night attendance is 40-50 individuals. On Friday nights, up to 200 individuals will attend. The club is open from 7:30 p.m. - 12:00 a.m. on Tuesdays and 9:00 p.m. - 2:00 a.m. on Friday. Ms. Lemell states that most of the businesses in the strip center are closed during the club's hours of operation. Parking is to be provided both in the strip center's parking lot and in the Gateway Shopping Center parking lot. l Typically, a civic/social association is permitted by right in a GC-MD District. However, the Swing Out Civic Club wishes to sell alcoholic beverages. It is this aspect of the club that requires a specific use permit. Mixed drinks, beer and wine, along with fruit drinks and soft drinks will be available for sale. No food will be offered for sale. It will offer hors d'oeuvres and snacks free of charge. Ms. Lemell states that the facility will be available to rent for weddings, wedding receptions, office parties and meetings. At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a civic/social association with the sale of alcoholic beverages in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3859 Stagg Drive. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CIVIC/SOCIAL ASSOCIATION WITH THE SALE OF ALCOHOLIC BEVERAGES IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 3859 STAGG DRIVE 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 Mildred Lemell with The Swing Out Civic Club, to allow a civic/social association with the sale of alcoholic beverages in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 3859 Stagg Drive, being the west 30'of Lot 128, Lots 129-130 and the east 70.4'of Lot 131, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.65 acres, more or less, as shown on Exhibit"A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a civic/social association with the sale of alcoholic beverages in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 3859 Stagg Drive, being the west 30' of Lot 128, Lots 129-130 and the east 70.4' of Lot 131, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.65 acres, more or less, is hereby granted to Mildred Lemell with The Swing Out Civic Club, 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. Mayor Becky Ames - 1 � File : Request for a specific use permit to allow a civic/social association with the sale of alcoholic erages in a GC-MD(General Commercial-Multiple Fan*Dwelling) District. ovation: 3859 Stagg pplicant: Swing Out Civic Club 0 100 200 300 400 Feet Legend N c ® 1922P o N = Z °D HI GATEWAY s j GC-MD co 0 U NSTAGG DR 0 v v VO IH jp g UPAS COLLEGE ST �O L EXHIBIT "A" INTERSTATE 10 n .0 r r A1,A 13.000 sq_A CACTUS CANYON CfW CLUB G) VI 1 I, At-8 15,000 q_IL CHINA BORDER D ' Olfioa Depot m nN«Part) bN A2-AS 17,29D sq.R TEXAS CAREERS 81-2,118 sq.R WIRELESS WORLD n 82-Z721 sq.R WELLS FARGO a: A6-215W sq.fL BEALLS N 83-4,940 sq.ft SOUTH fd1.4TTEXAS MEDIP.AL ASSOC.(BMV Offioa) n x 84=1.200 sq.R EDWARDJONES ea 85-980 oil.1LBEAUMONTFWANCE as 86-980 sq.fL QUALITY NAILS w Ar A7-4,950 sq.RCATHERNNES B7-1,320 s I.R HEARTZ DESIRE BB-I AW sq.R AMERICAN HEALTH FOODS m 3000 sq 1L VArMti r N AS-21.240 sq.IL GOODWILL 810-1 AW sq.R TEXAS ACCESSORIES aw 811-7,493 sq.IL PHYSICAL THERAPY an rr�� Vl B12-CAPITAL ONE BANK - r N AS-SD,000 sq.IL WHITE HOUSE- . < A10 A10-3,500 sq.R SUPREME BEAUTY All A11-4,800 sq.R RENT,4CENTER ns _ An Al2-2,300 sq.It.TEXAS STATE OPTICAL B15- an eu IEWEL A13 A13-11,325 sq.fL DOLLAR TREE RILEY FARMERS ^ INSURANCE Au y A14-4,750 aq.tl RA_DIO SHACK " B13-6,344 814-5588 O FJdIsq_R sq.tL A75 AI S-10,750 sq.IL VACANT(Sub I.—) BMOPIT MR1 VACANT AK A15-2,740 sq.1L GUARANTEE SHOES AV A17-3,452 sq.R NORMAN FASHIONSISHOES 1,400 r A1$ .A18-2,171)sq.iL KY JEWLERY m A19 A19-2,140 sq 1L MA'S ORIENTAL GIFTS Y/, An A20-4AW sq.tt JASONS DELI m A1" A21-44,750 sq_fL CONN'S APPLIANCES °sq.fL < 77� m GATEWAY 1 11h SHOPPING STREET PLAZA Exhibit "B" 2 January 8, 2008 Consider approving a request for a specific use permit to allow a business office and warehouse in a CBD (Central Business District) at 585 Wall Street ti ..7LJ1J City Council Agenda Item MEMEMUMM TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: January 8, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a business office and warehouse in a CBD (Central Business District) at 585 Wall Street. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a business office and warehouse in a CBD (Central Business District) at 585 Wall Street. BACKGROUND Colburn McClelland has applied for a specific use permit to allow a business office and warehouse in the CBD (Central Business District). The property is located at 585 Wall Street and consists of two existing buildings and related parking. Mr. McClelland owns Pure Purpose, Inc. that does business as the YAYA Club Clothing Company. The subject property will be utilized as the corporate office of his business. Twelve employees will be housed at 585 Wall. Activities to occur will include general office work and the receiving and distribution of apparel items such as shoes, dresses,jewelry,jeans, etc. The YAYA Club Clothing Company currently consists of three retail locations. At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a business office and warehouse in a CBD (Central Business District) at 585 Wall Street. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BUSINESS OFFICE AND WAREHOUSE IN THE CBD (CENTRAL BUSINESS DISTRICT) LOCATED AT 585 WALL STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City f Beaumont desires to issue a specific tY ec fic use p permit to Colburn McClelland, to allow a business office and warehouse in the CBD Central Business District)) located at 585 Wall Street, being Lots 397-398, Block 56, Original Townsite of Beaumont Addition, City of Beaumont, Jefferson County, Texas, containing 0.33 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 business office and warehouse in the CBD (Central Business District) located at 585 Wall Street, being Lots 397-398, Block 56, Original Townsite of Beaumont Addition, City of Beaumont, Jefferson County, Texas, containing 0.33 acres, is hereby granted to Colburn McClelland, 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. - Mayor Becky Ames - File 1923 Request for a specific use permit to allow a business office and warehouse in a D (Central Business District). Location: 585 Wall pplicant: Colburn McClelland 0 100 200 Feet Legend 1923P C D BD CB D �P I CBD C�L`EGfc ST CR BD EXHIBIT "A" . NOTEE' 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE, 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AIdD!THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, C EXPRESSED OR IMPLIED. V LOT 402 �CP� tnl FND 2-i/2" O1 (CALL 120.00), , I. PIPE- FND S49°51 '49"W 120.18' LNPIPE 0.37' ss.oa' 8.47 f METAL BRICK do FRAME g � BUILDING ,�spw.r BUILDING Cp �. � N % ,Z) W .w.w, -— X20' 8.43 o o o N 8 2 LO t'N LOT 398 ¢ LOT 397 LOT 399 q I o a ' LOTS 397 & 398 i BLOCK 56 PREMIUM CONSTRUCTION, INC. FC. NO. 102-64-1652 I j OPRJC I I� 0SC. FND 1/2" 2.100'M�+ \. FND 1 I. D ° cov I x x R A. PIPE FND N50000'00 E 119.93 1 CALL 120.00' REFERENCE 8EAf71NC ASSUMED WALI, sTREFY (61,11' ROW) \3� -- SURVEYORS tENT1FTCAIION: TO THE LENV(DERS AND/OR THE OWNERS OF THE PREMISES SL VfYEO AND TO STEWART 177LE GUARANTY COMPANY THE UNDERS)GNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS 585 WALL STREET THIS DAY MADE ON THE GROUND OF THE PROPERTY LEGALLY BEAUMONT, TEXAS 77701 DESCRIBED HEREON AND Is CORRECT, AND THAT THERE ARE NO lot Nos. Three Hundred d Ninety-seven and Three , CONFLICIS, SHORTAGES IN AREA, BOUNDARY LINE Hundred Ninety-eight d Ni et 398), in Block No. C0"ArI1CT5, fhCROACHMENTS OVERLAPPING OF IMPROVEMENTS, Fifty-six (56), of the ORIGINAL TOWNSITE OF EASEMENTS OR RipiT-OF-WAYS, ON THE SURFACE OF THE GROUND BEAUMONT, Jefferson County, Texas, according to EXCEPT AS SHOWN HEREON AND TWIT SAID PROPERTY WS ACCESS the map or plat of record in Vol. 448, page 249, TO AND FROM A DEDICATED R04DWAY. ALL RECORDED EASEMENTS SHOWN Deed Records of Jefferson County, Texas. AND NOTED PER STEWART TTiLE GUARANTY COMPANY C.F. No. 6014902 Owner: Sage Environmental Exhibit"B" 3 January 8, 2008 Consider approving a request for a specific use permit to allow a bank in the CBD (Central Business District) at 490 Park Street A.. City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager C>1$ PREPARED BY: Chris Boone, Community Development Director MEETING DATE: January 8, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allew a bank in the CBD (Central Business District) at 490 Park Street. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a bank in the CBD (Central Business District) at 490 Park Street. BACKGROUND Community Bank of Texas has requested a specific use permit to allow a 1,133 sq. ft. bank in an existing lease space in the Stedman Building at 490 Park Street. The existing space to be renovated was once occupied by the Provost Umphrey Law Firm. The space will be remodeled to include a bank lobby with teller line, new accounts area,manager's office, conference room, work room and cash room. The only exterior alteration will be the installation of a new canvas awning walkway out toward the parking area. A Subway Sandwich shop, Texas State Bank and the Provost Umphrey Law Firm are currently located within the Stedman Building. The proposed bank will complement the other uses in the building and within the Central Business District. At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a bank in the CBD (Central Business District) at 490 Park Street. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BANK IN THE CBD (CENTRAL BUSINESS DISTRICT) LOCATED AT 490 PARK STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use permit to Community Bank of Texas, to allow a bank in the CBD(Central Business District) located at 490 Park Street, being Lots 1-12, Block 17, Van Wormer Addition, City of Beaumont, Jefferson County, Texas, containing 2.06 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 bank in the CBD (Central Business District) located at 490 Park Street, being Lots 1-12, Block 17, Van Wormer Addition, City of Beaumont, Jefferson County, Texas, containing 2.06 acres, more or less, is hereby granted to Community Bank of Texas, 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. - Mayor Becky Ames - File 1921-P: Request for a specific use permit to allow a bank in the CBD (Central Business District). Location: 490 Park Applicant: SLI Group, Inc. 0 100 200 Feet LAUREL Legend CBD ® 1921P CBD I CB LI EXHIBIT "A" 21'•4' 0 N 6'-2' 14'•4' 0 c N O O 0 23'-IO' v 1133 60ff. *NO WA"6- F7 9'-0' 10'-6' 0 PIV161ON Of OPAGES oII'•4' 6' 0' 0 :o 0 0 N 13'•6' 10 0 1029 6OPf. -NO WA"6- 0 N 17'-0' Exhibit "B" STEOMAN OU I LO I N& loop— PAT GODWIN CONSTRUCTION 2MWDM K*f MMM%L7VAS7flY 4 January 8,2008 Consider approving a request to abandon a portion of Trinity Street between Franklin and Milam Streets ....,, City Council Agenda Item Nor IV c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: January 8, 2008 REQUESTED ACTION: Council consider a request to abandon a portion of Trinity Street between Franklin and Milam Streets. RECOMMENDATION The Administration recommends approval of a request to abandon a portion of Trinity Street between Franklin and Milam Streets subject to the following conditions: • Retain the right-of-way as a general utility and access easement. • No structures or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration when water main or sanitary sewer main repairs are necessary. BACKGROUND Andy Hatch has requested the abandonment of a portion of Trinity Street that is located between Milam and Franklin. He owns the property on either side of the subject right-of-way. The purpose of the request for abandonment is to allow the use of the right-of-way for the loading and unloading of 18-wheeler trucks at the loading dock on Trinity. Currently, trucks extend into the right-of-way when at the loading dock. Mr. Hatch states that there is very little traffic on this section of Trinity. Abandoning this section of Trinity would allow the use of the loading dock without any traffic conflicts. At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to approve a request to abandon a portion of Trinity Street between Franklin and Milam Streets subject to the following conditions: • Retain the right-of-way as a general utility and access easement. • No structures or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration when water main or sanitary sewer main repairs are necessary. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A PORTION OF TRINITY STREET BETWEEN FRANKLIN AND MILAM STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a portion of Trinity Street between Franklin and Milam Streets, being a 0.42 acre portion of Trinity Street, beginning at the east right-of-way line of Milam Street and continuing in a southwesterly direction for a distance of 300 feet to the west right-of-way line of Franklin Street, City of Beaumont, Jefferson County, Texas, containing 0.42 acres, more or less, as described on Exhibit"A" attached hereto, be and the same are hereby vacated and abandoned subject to the following conditions: • Retain the right-of-way as a general utility and access easement. • No structures or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration when water main or sanitary sewer main repairs are necessary. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. - Mayor Becky Ames - File 722-OB: Request to abandon a portion of Trimly Street. Location: Trinity Street between Franklin and Wam Streets pplicant:Andy Hatch 0 100 200 300 Feet I I I I I Legend B ® 72006 LI yF LI Fs s� 5� L1 '.I EXHIBIT "A" 5 January 8,2008 Consider approving a request for an HC-L (Historic-Cultural Landmark Preservation Designation) at 2368 McFaddin 7Lj1j City Council Agenda Item 12 VMT 1][111812IM137MI TO: City Council FROM: Kyle Hayes, City Manager � � PREPARED BY: Chris Boone, Commum y S Development Director MEETING DATE: January 8, 2008 REQUESTED ACTION: Council consider a request for an HC-L(Historic-Cultural Landmark Preservation Designation) at 2368 McFaddin. RECOMMENDATION The Administration recommends approval of a request for an HC-L(Historic-Cultural Landmark Preservation Designation) at 2368 McFaddin. BACKGROUND Eric Newby has applied for an HC-L (Historic-Cultural Landmark Preservation) Designation for his home at 2368 McFaddin. Mr. Newby purchased the house in December, 2003 and has worked to restore the house to its original state. Mr. Newby states that the house was designed and built by locally renowned architect, Henry Conrad Mauer in 1907. It is a good example of what was then called an"American Four- Square"based on the fact that there are four rooms on each floor with no hallways to minimize wasted space. The original owner was Rupert Joseph Barry of Barry Brothers Mercantile in Beaumont. In addition to his family business, Mr. Barry was a land surveyor and worked for Jefferson County in his later years. In 1929, the house was sold to Beaumont oil pioneer, F.E. Carroll. During the time that Mr. Carroll owned the house, it was rented to the Klein Family. Mrs. Butch Hoffer was one of 11 children of the Kleins. In 1947, the house was sold to Bernard Klein, one of the Klein's grown children. In 1977, the house was sold to Frank Daleo of Daleo Compounding Pharmacy on Calder. In 2001, Rick and Lana Pritchett bought the house and began a much needed renovation. The house was built of cement blocks to minimize problems with rot, mildew and termites. Electrical lighting was originally installed during construction. However, gas lighting was also installed due to the frequent loss of power from the electric company. Gas also provided heat through three fired radiators and was supplemented by five fireplaces, two of which were designed to burn wood and three designed to burn coal. Another unique feature of the house is the room-call system that rang the butler's pantry from any of the four bedrooms as well as from a button under the dining room table. In renovating the house, the Newby's have replaced the roof, installed 9 tons of central air conditioning, replaced the entire kitchen and begun landscaping the garden to reflect the period in which the house was built. Mr. and Mrs. Newby are now nearing completion of the overall renovation. At a Public Hearing held December 10, 2007, the Historic Landmark Commission voted 10:0 to approve an HC-L (Historic-Cultural Landmark Preservation Designation) at 2368 McFaddin. At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to approve an HC-L(Historic-Cultural Landmark Preservation Designation) at 2368 McFaddin. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR PROPERTY LOCATED AT 2368 MCFADDIN, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by establishing an HC-L(Historical-Cultural Landmark Preservation)Designation for property located at 2368 McFaddin, being the east Y2 of Lot 18, Lot 19 and the west Y2 of Lot 20, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.34 acres, more or less, as shown on Exhibit"A" attached hereto and made a part hereof for all purposes, 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 contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. - Mayor Becky Ames - File 5 MC: Request for an HC-L (Historic-Cultural Landmark Preservation Designation). Location: 2368 McFaddin Applicant: Eric Newby 0 100 200 Feet Legend C ® 51 HC R NORTH ST MCFADDIN AVE 7 R R C _ G GC EXHIBIT "A" 6 January 8, 2008 Consider authorizing the City Manager to execute State Funds Amendment #1 to the State/Local Public Transportation Grant Agreement with the Texas Department of Transportation City Council Agenda Item Mr-RIVANNINIM MT. IL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, irector of Public Works MEETING DATE: January 8, 2008 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute State Funds Amendment#1 to the State/Local Public Transportation Grant Agreement with the Texas Department of Transportation. RECOMMENDATION Administration recommends authorizing the City Manager to execute State Funds Amendment #1 to the State/Local Public Transportation Grant Agreement with the Texas Department of Transportation (TxDOT). BACKGROUND In September 2007, the City Council authorized the City Manager to execute an agreement with TxDOT to receive State Public Transportation Funds. These funds are used toward the City's local share of the operating costs for the Beaumont Municipal Transit System. The City was to receive $255,000 under the terms of the September Agreement. Amendment#1 to the agreement will increase the State's funding contribution to $371,289. BUDGETARY IMPACT The City will receive an additional $116,289 to offset the City's local share of the Beaumont Municipal Transit System's operating costs. PTF0 8Amendment#1.wpd December 24,2007 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, City Council approved Resolution No. 07-242 on August 14, 2007 authorizing the City Manager to execute a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds in the amount of$255,000; and, WHEREAS, the City of Beaumont will receive an additional $116,289 to offset the City's local share of the Beaumont Municipal Transit System's operating costs for a total of$371,289; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: That Resolution No. 07-242 is hereby amended to reflect the additional amount of $116,289 for a total of$371,289. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to execute State Funds Amendment #1 to the State/Local Public Transportation Grant Agreement with the Texas Department of Transportation. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. - Mayor Becky Ames - Recipient:City of Beaumont Service Area: City of Beaumont Section 5307 Grant agreement—Revised State Project Grant Agreement: URB 0801(20) State Project: 51820F7044 STATE/LOCAL PUBLIC TRANSPORTATION GRANT AGREEMENT STATE FUNDS AMENDMENT#1 THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the"State", and the City of Beaumont, hereinafter called the"Recipient". WITNESSETH WHEREAS, the State and the Recipient executed a Grant Agreement on September 11, 2007 , which provided for the expenditure of funds pursuant to the provisions of the Trans ortation Code Chapter ter 455 which a asses P authorizes the State to t the Recipient m p procuring aid for the purpose of establishing P P and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportation Code,, Chapter 456; and, WHEREAS, it has become necessary to amend that grant agreement; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Recipient do.agree as follows: AGREEMENT Article 1. Description of Amended Items On November 15, 2007, the Texas Transportation Commission rescinded Minute Order 110967, and reallocated the FY 2008 public transportation funds on Minute Order 111127. This.amendment revises the allocation awarded on Minute Order 110967 and replaces the first sentence in the ARTICLE 3. COMPENSATION of the agreement with: "The maximum amount payable under this PGA without modification is $371,289 provided that expenditures are made in accordance with the amounts and for the purposes authorized in the GA Part 1, the Attachment A, and the Attachment B Approved Budget Page." Attachment B, hereto attached, is the revised project budget and shall replace the budget page as amended and is included with the above-mentioned Grant Agreement. All other provisions of the original grant agreement are unchanged and remain in full force and effect. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. IN WITNESS WHEREOF,THE STATE AND THE THE STATE OF TEXAS RECIPIENT have executed duplicate counterparts to Executed for the Executive Director and approved for effectuate this agreement. the Texas Transportation Commission for the purpose RECIPIENT and effect of activating and/or carrying out the orders, established policies or work programs heretofore. City of Beaumont approved and authorized by the Texas Transportation Name of Recipient Commission. By: .ey Signature Signature Printed Name John Barton. P.E. Title Printed Name Title Date Date EXHIBIT "A" Public Transportation Beaumont 7►x a J7aPa/tmant of 7Yanapor0.Uon' . Select Fiscal Year—> FY 2008 Legend Feral Share Calculator §�7 (5307 Totals Federal State Local Federal State Local Dro Downs Locked Cell 'A M Pro'act# URB 0801 20 Data Entry Grant# 51820F7004 Title Cells T— Start Date 9/1/2007 MA End Date 08/31/08 PD.P.,g.. T, nsportallon Entry Date 11119/07 Quantity 3 Total of All §5307 5307 §5307 5307 Cumulative Description ALI Fuel Tvoe Programs Federal State Local Subtotal Federal State Local Subtotal 5307 Total Preventive Maintenance 11.7A.00 Purchase of Service 11.71.13 M 10 11.7A.00 U rV 1 11.71.13 II QVw 5310 Capital Subtotal Administration C ts Federal State Local Subtotal Federal State Local Subtotal Total os Planning Costs Total AdmWPlanning C Federal State Local Subtotal Federal State Local Subtotal Total Gross Operating 371,289 371,289 371,289 Farebox Revenue Net Operating 371,2891 1 371,289 371,289 55307 5307 55307 5307 Cumulative Total Federal State Local Subtotal Federal State Local Subtotal 5307 Total Total Transit Budget 371,289 371,289 371,289 - 371,289 Source of Local Funds Amount Total of Local Funds 11/19/2007 1 7 January 8, 2008 Consider authorizing the City Manager to execute a contract for the Proposed New Water Well No. 2 and Related Pilot Hole Project •rr• Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: January 8, 2008 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Proposed New Water Well No. 2 and Related Pilot Hole Project. RECOMMENDATION Administration recommends approval of a contract with Terry Johnson, Industries, Inc., Lumberton, Texas, in the amount of$1,700,059 to drill a new ground water pilot hole, plug and abandon the existing well, furnish and install a new vertical turbine well pump, a pre-engineered metal building, a 5,000 gallon horizontal double walled steel fuel storage tank with a concrete containment area, all of the electrical controls and components for a portable generator and all related appurtenances. The MBE goal will be partially met through subcontracts with the certified MBE firms Gulf Coast Electric Co., Inc. of Beaumont, Texas for$122,600, Rural Pipe& Supply, Inc. of Jasper, Texas for $24,584.50, and Triangle Paving, Inc. of Beaumont, Texas for$19,300. The total amount of subcontracts with certified MBE firms is $166,484.50, which represents 9.8 percent of the total bid. BACKGROUND The existing Water Well No. 2, located in Lumberton, Texas, was designed and constructed in 1971. In 2006, the existing water well began pumping sand and a subsequent investigation proved the gravel pack had failed. The City and Schaumburg&Polk studied the possibility of rehabilitating the gravel pack, however the cost, reliability, and future rehabilitation requirements deemed the project not cost efficient. Schaumburg&Polk recommended the City install a new water well. This Contract is recommended for approval by the City Manager and the Water Utilities Director. Proposed New Water Well No. 2 and Related Pilot Hole Project January 8, 2008 Page 2 of 2 BUDGETARY IMPACT Funds for the project are available in the Water Utilities Fund. The contract amount of$1,700,059 includes alternative bid items with the exception of alternative No.23. The bid tabulation is attached for your review. CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION T. Johnson Industries, Inc. ----- - NAME CERTIFIED MBE CONTRACTOR ADDRESS TYPE OF WORK AGREED PRICE Gulf Coast Electric 2005 Pecos Co. , Inc. Eeaumont, Texas 77701 Electrical & Controls $122,600 .00 Rural Pipe & Supply, Inc. 809 Visador Road Texas Material Supplier $24 ,584 -50 jasper Triangle Paving, Inc. 2850 Westbury Concrete $19 ,300 -00 The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution . of a contract with the City of Beaumont. NOTE: 1. T(--is schedule should be submitted with your bid. �.. GNATURE 1'1'I'LE 6 Bid Tabulation CITY OF BEAUMONT JEFFERSON COUNTY.TEXAS PROPOSED NEW WATER WELL NO.2 AND RELATED PILOT HOLE Bid Date: Thursday,December 13,2007 at 2:00 PM BIDDERS T.Johnson,Ind.,Inc. Alsay Inc. Allen,Ltd. P.O.Box 8009 6615 Gant P.O. Box 3684 Lumberton,Texas 77657 Houston,Texas 77066 Beaumont,Texas 77704 Item Description Quant, Units Unit Price Total Price Unit Price Total Price 1,b'lobilization Costs. including payment bond. performance bond• insurance, project I LS $46,700.00 $46,700.00 $53,000.00 $53,000.00 $55,200.00 $55?00.00 communications.and moeing equipment to project.all in accordance with plans R specifications; NOT TO EXCEED 3%OF TOTAL PROJECT BID for. WELL CONSTRCCTION-PHASE 1-GROUND WATER PILOT HOLE AS FOLLOWS: 2.Furnish all necessary Tabor,tools.materials.equipment.and incidentals necessary-to complete one I LS $212,750.00 $212,750.00 $220,000.00 $220,000.00 $298,693.00 $298,693.00 (1) pilot hole to an estimated base depth of 850 feet. all in accordance kith the plans and specifications tor. 3.For furnishing all necessary labor, tools, materials, equipment• and incidentals necessary to I LS $21,560.00 $21,560.00 $40,000.00 $40,000.00 $45,000.00 $45,000.00 provide dual induction electric and gamma ray logging services as specified• all in accordance with the plans and specifications for. 4.1 furnishing all necessary labor.tools.materials.equipment.and incidentals necessary to I LS $32,200.00 $32,200.00 $50,000.00 $50,000.00 $55,000.00 $55.000.00 perform one(1)aquifer test as specified,all in accordance with the plans and specifications tor. 5,Allowance for selected qualified Hydrologist,to provide preliminary and final pilot Hole 1 LS $2,500.00 $2,500.00 $2,500.00 $2,500.00 $1500.00 $2.500.00 Ftvdrologist Report.all in accordance with the plans and specifications for. 6.Furnish all necessary labor.toots_materials_equipment.and incidentals necessary to plug and abandon the j LS $17,595.00 $17,595.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 PROPOSED PILOT HOLE;in accordance with the requirements of the State of l eras should the aquifer conditions warrant it,including but not limited to disposal of all drilling nmd and drilling cuttings:cement plug the entire depth of the pilot hole:and site cleanup as specified.all in accordance with the plans and specifications for. PHASE 11-WATER StPPLY PRODUCTION WELL AS FOLLON\S: 7•Furnish all necessary labor,tools,materials and equipment to construct one(1)3,500 GPNI potable water I LS r684,250.00 $684,250.00 $720,000.00 $720,000.00 $785,000.00 $785,000.00 well(Item$01 A)x\/26 inch diameter surface casing,a 20 inch diameter lap section and I8 inch diameter Screen and blank liner consisting of 290 feet of surface casing.90 feet of lap section,495 feet of screen and blank liner. 500 feet of under ream and pMcl packing. and grouting including de%elopment and test pumping all in accordance with the plans and specifications for. 8.Furnish all necessary labor,tools.materials and equipmettt to install one(1)3,500 GPNI oil lubricated I LS $221.195.00 5221,195.00 $106.000.00 $106.000.00 5211,143.00 $211,142.00 vertical turbine well pump(Item 876.A)kith 290 feet of I"'column assembly complete with 550 lip:- phase.60 hertz.480 colt 1200 qim electric motor.pump cahle_ 14"diameter well head piping,sahcs and fittings-24"diameter piping and fittings.HDPE airline and concrete seal block foundation all in accordance kith the plans and specifications tor_ 19.Allow ance for sele cted Hydrologist to provide the Final Production Hell 11,drologist Report.all 1 LS 52.500.00 5250000 52.500.00 52,500.00 $2.500.00 S2,500.00 ccordance with the plans and specifications tor. 1nish,tll nccessan labor.materials.tools and equipnl�ent to in<1,11!a 14"diameter yla,,A%leter in 1 EA $13.339.00 $1333900 S 13.500.00 S13.5p0.D0 56.6-12.00 orJancc kith the plans and specifications li r. Bid Gb.sls I of-4 Bid Tabulation CITY OF BEAUMONT JEFFERSON COUNTY,TEXAS PROPOSED NEW WATER WELL NO.2 AND RELATED PILOT HOLE Bid Date: Thursdav,December 13,2007 at 2:00 PM BIDDERS T.Johnson,Ind.,Inc. Alsav Inc. Allco,Ltd. P.O.Box 8009 6615 Gant P.O.Box 3684 Lumberton,Texas 77657 Houston,Texas 77066 Beaumont,Texas 77704 Item Description Quant.1 Units Unit Price Total Price Unit Price Total Price 11_Furnish all necessary labor. materials. tools and equipment to disconnect and salvage for the I EA $2200.00 $2,200.00 $6,000.00 $6,000.00 $4,079.00 $4,079.00 Owner all existing well header piping, valves and fittings. deliver to Water Utilities at 1350 Langham Road,Beaumont.Texas.all in accordance kith the plans and specifications for. 12.Furnish all necessary labor.materials.tools and equipment to disconnect the existing 24"D1 well I EA $2,500.00 $2,500.00 $174,000.00 $174,000.00 $3,527.00 $3,527.00 discharge piping and connect the proposed 24" diameter well discharge line of the existing 24" diameter.cater line including thrust blocking all in accordance with the plans and specifications 13.Site Work,including all necessary labor,materials.tools and equipment to construct an 8"thick 1 LS $22,280.00 $22,280.00 $35,000.00 $35,000.00 $16,264.00 $16,264.00 limestone(T}pe A.Grade 1)access road and parking area.drainage swales.cuherts,tine grading. and site restorations,all in accordance with the plans and specifications for. 14.Furnish all necessary labor, materials-tools and equipment to remove. salvage and transport all 1 LS $2,51 8.00 $2,518.00 $4,000.00 $4,000.00 $5,391.00 $5,391.00 existing electrical equipment to Water Utilities. 1350 Langham Road. Beaumont, Texas, all in accordance kith the plans and specifications for. 15.Furnish all necessary labor,materials,tools and equipment to demolish and remove the existing electrical 1 LS $4,000.00 54,000.00 $3,000.00 $3,000.00 $6,331.00 $6.331.00 equipment concrete slab,concrete splash pad and concrete pipe support,all in accordance with the plans and specifications for, 16.Trench Safeq system.trench protection for all excavation over 5 feet deep.designed,furnished and installed, 86 LF $3.00 $258.00 $12.00 $1,032.00 $5.50 $473.00 complete in place,including shoring.trench boxes or other approved means and trays,all in strict accordance with the plans and s ceifications for. 17.Furnish all necessary materials,tools.labor and equipment to install all electrical conduit_conductors.control I LS $165,140.00 $165,140.00 $178,000.00 $178,000.00 S 113.000.00 $1 13,000.00 panels for BASE BID ITEMS and all required equipment and appurtenances, complete in place_all in accordance with the plans and specifications tor. 18.Furnish all necessary materials.tools,labor and equipment to plug and abandon the existing 3,500 GPNI 1 LS $46,000.00 $46,000.00 $70,000.00 $70,000.00 $70,000.00 $70,000.00 wll in accordance the all TCEQ_TDI.R and MNA requirements if the proposed pilot hole proses 19..-UloNranee for installation of Electrical Site Seniee by Enterer. all in accordance with the plans and I LS $70,000.00 $70,000.00 $70,000.00 $70.000.00 $70,000.00 $70.000.00 specifications for. I NIT PRICE AD.It'STNIEN 1'S-PHASE l R PHASE If(Bid items 2,7,&8) A. I he final adjustment to the pilot hole depth shall be based on the masinnnn depth of the electric log_add for 1 VF $48.00 548.00 $75.00 575.00 $75.00 $75.00 each foot more or deduct for each loot less than 850 feet for the pilot hole for_ B.For atjustment of final price on Icngth of 20"lap section add for each Ioot more or deduct tot each toot less I VF 594.00 594.00 570.00 570.00 570.00 570.00 than 90 feet for_ [aid Fab.xis of-1 Bid Tabulation CITY OF BEAUMONT JEFFERSON COUNTY,TEXAS PROPOSED NEW WATER WELL NO.2 AND RELATED PILOT HOLE Bid Date: Thursday,December 13,2007 at 2:00 PM BIDDERS T.Johnson,Ind.,Inc. Alsay Inc. Allco,Ltd. P.O.Box 8009 6615 Gant P.O.Box 3684 Lumberton,Texas 77657 Houston,Texas 77066 Beaumont,Texas 77704 Item Description Quant. Units Unit Price Total Price Unit Price Total Price C.For;adjustment of final price on length of 26"surface casing add for each foot more or deduct for 1 VF $125.00 $125.00 $100.00 $100.00 $100.00 $100.00 each foot less than 290 feet for. D.For adjustment of final price on length of 18"blank liner add for each foot more or deduct for each 1 VF $79.00 $79.00 $50.00 $50.00 $50.00 $50.00 foot less than 144 feet for. E.For adjustment of final price on length of 18"screen add (or each foot more or deduct for each 1 VF $102.00 $102.00 $150.00 $150.00 $150.00 $150.00 or less than 351 feet for. F.For adding all necessary labor.tools.materials.equipment and incidentals necessary to perform, 1 EA $32,200.00 $32,200.00 550,000.00 $50,000.00 $50.000.00 $50.000.00 complete and in place,additional aquifer test(s)during the pilot hole.all in accordance kith the plans and specifications lor. G.For adjustment of final price on length of 12"column assenbh and airline.add for each 20 foot l EA $2,760.00 $2,760.00 $2,500.00 $2,500.00 $2,500.00 $1500.00 length more or deduct for each 20 foot length Less than 290 feet for, H.For adjustment of(-trial price on number of states of pmnp b0Xk'I assemble,add for each state more 1 EA $575.00 $57 5.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 or deduct for each state Tess than 6 states for. TOTAL BASE BI $1,605,458.00 $1,8-2,977.0@ $1,825,187.0(1 ADDITIVE ALTERNATIVES �� -i 20. Furnish all necessary labor,materials,tools and equipment to construct a 20'x 25'x l6'eve height 1 EA $34,921.00 $34,921.00 $55,000.00 $55,000.00 $34,783.00 $34,783.00 pre-engineered metal building including all appurtenances_ reinforced concrete foundation. 8" paving and 8"limestone base,all in accordance with the plans and specifications lot-. 21. Furnish all necessary labor,materials.tools.and equipment to install a F921 Standard 5,000 gallon 1 EA $28,980.00 $28,980.00 535,000.00 $35,000.00 $12,777.00 S12.777.00 horizontal double walled steel fuel storage tank including all appurtenances,all in accordance with the plans and specifications tor. 22. Furnish all necessary labor. materials, tools. and equipment to construct a 30' x 40' reinforced I LS $18,900.00 $18,900.00 $23,400.00 523,400.00 530.383.00 $30.383.00 concrete containment area. including all excavation-backfill.bollards.and appurtenances.all in accordance kith the plans and specifications lor. 23. Furnish and deliver ONE frailer Mounted portable Generator.all in accordance with the plans and I LS S 176,000.00 S 176.000.00 S 180.000.00 S 180.000-00 S 143.139.00 S 143.139.00 specifications tor. 24. Furnish and install all electrical and controls necessar} for Additive Items 20,21 &22,including 1 LS S 1 1,800.00 S 1 1.800.00 S13-000.00 S13,000.00 512.360.00 S12.360.00 bonding. and grounding-all labor and materials. complete in place_all in accordance with the plans and specifications fbr, TOTAL ADDITIVE ALTERNATIVES $270;601.00 S306,400.00 $233,442.00 BidTal�.sls 3 of4 Bid Tabulation CITY OF BEAUMONT JEFFERSON COUNTY,TEXAS PROPOSED NEW WATER WELL NO.2 AND RELATED PILOT HOLE Bid Date: Thursday.December 13,2007 at 2:00 PM BIDDERS T.Johnson,Ind.,Inc. Alsay Inc. Allco,Ltd. P.O.Box 8009 6615 Gant P.O.Box 3684 Lumberton,Texas 77657 Houston,Texas 77066 Beaumont,Texas 77704 Iteml Description I jQuant.j Units Unit Price Total Price Unit Price I Total Price Acknowledge Addenda's 1 and 2 YES YES YES Bid Bond YES YES YES Corporate Resolution YES YES YES Information Required of Bidder YES YES YES Minority Business Utilization Commitment YES YES YES Schedule C(MBE) YES YES YES The Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate tabulation of the Bids received. OF tF s 1t1 BY: RK .... MANN 3 Date: Z i7 p �.....s........................$.....� o. 91891 Ci_ BiLITai. l u; 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 Terry Johnson, Industries, Inc., Lumberton,Texas, intheamountof$1,700,059forthe Proposed New Water Well No. 2 and Related Pilot Hole Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. - Mayor Becky Ames - 8 January 8, 2008 Consider approving the purchase of a jet rodder and truck chassis for the Water Utilities Department �� City Council Agenda Item . � IL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: January 8, 2008 REQUESTED ACTION: Council consider the purchase of a jet rodder and truck chassis for the Water Utilities Department. RECOMMENDATION Administration recommends the purchase of a 2008 GMC truck chassis equipped with a jet rodder body through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. The GMC truck chassis will be ordered from Rush Truck Center in Houston for $36,900 and the jet rodder will be provided by Underground,Inc. of Pearland for$42,325.50. BACKGROUND H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. The combined purchase price of$79,225.50 includes H-GAC administrative fees of$600 for the truck chassis and$625.50 for the jet rodder body. Jet rodder trucks are equipped with water tanks and high pressure pumps that force water through sewer lines to clear blockages. The 2008 GMC W5500 truck chassis has a 17,950 gross vehicle weight rating(GVWR)and will be equipped with a 600-gallon water tank and a jet rodder system manufactured by Underground, Inc. The GMC equipment is warrantied for two (2)years. Warranty service will be provided by the local authorized service dealership. The jet rodder is warrantied for one(1)year and service will be provided by Underground, Inc. of Pearland. Delivery of the truck is expected within 150 days. The truck will replace unit 3297, a 2002 Isuzu NPR with jet rodder body whose condition has rendered it unreliable for continued service. The unit will be disposed of according to the City's surplus property disposal policies. BUDGETARYIMPACT Funds are budgeted for this purchase in the Water Utilities Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to approve the purchase through the Houston-Galveston Area Council (H-GAC)of a 2008 GMC truck chassis equipped with a jet rodder body for the Water Utilities Department. The truck will be purchased from Rush Truck Center in Houston, Texas, for the amount of$36,900. The jet rodder will be purchased from Underground, Inc., Pearland, Texas, for the amount of$42,325.50 for a total cost of $79,225.50. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. - Mayor Beck Ames - Y Y 9 January 8,2008 Consider approving the purchase of a combination jet vacuum machine and truck chassis for the Streets and Drainage Department City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: January 8, 2008 REQUESTED ACTION: Council consider the purchase of a combination jet vacuum machine and truck chassis for the Streets and Drainage Division. RECOMMENDATION Administration recommends the purchase of a combination jet vacuum machine from Vac-Con of Green Cove Springs, Florida in the amount of$182,002.64 and an International 7400 truck chassis from Santex Truck Center of San Antonio, Texas in the amount of$64,450. Both purchases are through the Houston-Galveston Area Council (H-GAC). BACKGROUND H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. The combined purchase price of$246,452.64 includes H-GAC administrative fees of$600 for the truck chassis and$2,689.69 for the combination jet vacuum machine. The primary purpose of the combination jet vacuum truck is to remove debris from catch basins and underground storm water pipes. The machine includes a vacuum system that provides the simultaneous removal of debris being flushed by a high-pressure jet water system. The machine has a nine(9)cubic yard debris storage body and dual engines that operate the vacuum system and the high-pressure jet water system independently. The International 7400 diesel truck chassis will be shipped from San Antonio, Texas to Green Cove Springs, Florida where the combination jet vacuum machine will be mounted by Vac-Con staff. Installation is included in the price of the machine. Delivery of the assembled vehicle is expected by July 2008. Purchase of a Combination Jet Vacuum Machine and Truck Chassis January 8,2008 Page 2 The new combination jet vacuum truck will replace Unit 3273, a 1998 Freightliner FL80 truck chassis mounted with a Vactor 2100 jet vacuum machine,whose condition and mileage have rendered it unreliable for continued service. The unit will be disposed of according to the City's surplus property disposal policies. The Vac-Con combination jet vacuum machine is warrantied for one(1)year. Warranty service will be provided by the Balar Equipment Company in Houston, an authorized dealer of Vac-Con equipment. The International 7400 is covered by the manufacturer's basic vehicle warranty of one (1)year while the 7-speed transmission is specifically warrantied for two(2)years. Santex Truck Center of San Antonio will provide warranty service on the International equipment. BUDGETARYIMPACT Funds are budgeted for this purchase in the Capital Reserve Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to approve the purchase through the Houston-Galveston Area Council (H-GAC) of a combination jet vacuum machine and truck chassis for the Streets and Drainage Division. The jet vacuum machine in the amount of$182,002.64 will be purchased from Vac-Con of Green Cove Springs, Florida. The International 7400 truck chassis for the amount of $64,450 will be purchased from Santex Truck Center of San Antonio, Texas. The total cost is $246,452.64. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. - Mayor Becky Ames - to January 8,2008 Consider authorizing the City Manager to accept an Emergency Management Performance Grant from the Department of Homeland Security City Council Agenda Item ' � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: January 8, 2008 REQUESTED ACTION: Council consider authorizing the City Manager to accept an Emergency Management Performance Grant from the Department of Homeland Security. RECOMMENDATION Administration recommends approval. BACKGROUND The Department of Homeland Security administers EMPG funding to assist states and local governments in developing and carrying out emergency management programs such as mitigating costs of compliance with the National Incident Management System and other planning and training mandates. The federal funding guidelines are envisioned to cover up to half the anticipated operating expenses which are currently funded solely through the city's budget. The projected grant amount is $131,341.50. BUDGETARY IMPACT The City anticipates spending $262,683 in fiscal year 2008 for the Emergency Management Program. This grant would provide for up to $131,341.50 of the anticipated annual expenditure. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding in an amount up to$131,341.50 through the Emergency Management Performance Grant (EMPG) provided by the Department of Homeland Security. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. - Mayor Becky Ames - 11 January 8, 2008 Consider amending Chapter 6 of the Code of Ordinances relating to the National Electrical Code and remaining with the 2005 edition City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Christopher Boone, Community Development Director MEETING DATE: January 8, 2008 REQUESTED ACTION: Council Consider amendments to Chapter 6 of the Code of Ordinances. RECOMMENDATION Administration recommends approval of the proposed amendments to Chapter 6 of the Code of Ordinances. BACKGROUND The City requires that all electrical work done within the city adhere to the specifications and requirements outlined in the 2005 edition of the National Electrical Code. However, Section 6- 111(b)of the Code of Ordinances,the ordinance that originally adopted the 2005 National Electrical Code(NEC),has a provision that automatically adopts the most recent version of the NEC without the opportunity for a hearing. Review of the changes to the Code and resulting additional costs to consumers should be reviewed and discussed prior to the adoption of any changes. The proposed amendment would eliminate this automatic code adoption and revert to the 2005 NEC, the code currently enforced. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-111(b) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 6, Section 6-111(b) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: ARTICLE IV. ELECTRICAL CODE DIVISION 5. STANDARDS AMD SPECIFICATIONS Sec. 6-111. Installation standards generally; adoption of code. Sec. 6-111(b) Conformity of electrical installations with the applicable standards set forth in the National Electrical Code shall be prima facia evidence that such installations are reasonably safe for persons and property; provided that the provisions of this article shall prevail over the National Electrical Code in case of conflicting provisions. The current version of the National Electrical Code, as it may from time to time be amended, approved and adopted by the National Fire Protection Association, shall become the electrical code of the City of Beaumont only after consideration and adoption by the City Council. Such current code as adopted shall be made a part of this article as if fully copied herein. One (1) copy of such current code as adopted shall be filed in the office of the city clerk. 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 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 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. - Mayor Becky Ames - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Beginning Expiration Appointment Commission of Term of Term Pastor Henry J. Davis Martin Luther King, Jr. Parkway Commission 01/08/08 01/07/2010 THAT the following reappointments be made: Beginning Expiration Reappointment Commission of Term of Term Brooks Goodhue Community Development Advisory Committee 01/08/08 10!13/09 J. Shane Howard Parks & Recreation Advisory Commission 01/08/08 05/09/09 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. - Mayor Becky Ames - 12 January 8, 2008 Consider authorizing the City Attorney to do all things necessary, including filing and serving all legal actions to contest an adverse Attorney General letter ruling which the City Attorney determines should be appealed ouCity Council Agenda Item lop 'ME ` c TO: City Council FROM: Tyrone E. Cooper, City Attorney PREPARED: Judi S. Rawls, Assistant City Attorney MEETING DATE: January 8, 2008 REQUESTED ACTION: Consider a Resolution authorizing the City Attorney to do all things necessary, including filing and serving all legal actions to contest an adverse Attorney General letter ruling which the City Attorney determines should be appealed. RECOMMENDATION Administration recommends authorizing the City Attorney and his authorized staff to take all action necessary to contest an adverse Attorney General letter ruling which, in the opinion of the City Attorney should be appealed. Such authorization is retroactive as well as prospective, so that all action already taken of this nature is hereby ratified and all future action of this nature is hereby authorized. BACKGROUND On December 27, 2007, the Police Legal Advisor received an opinion from Attorney General Greg Abbott requiring the release of certain police records. It is the opinion of this office that these documents are exempt from disclosure. In order to challenge a decision of the Attorney General, a suit must be filed within 10 days from the receipt of the opinion. The deadline for filing a suit to contest the Attorney General's opinion was prior to the convening of the Council Meeting on January 8, 2008. The City Attorney seeks authorization and ratification to file an appeal to review the opinion of the Attorney General. BUDGETARY IMPACT Cost estimates may vary and are undetermined. However, filing fees for municipalities are not required. PREVIOUS ACTION Cause No. D-1-GV-07-002630, City of Beaumont vs. Greg Abbott, has been filed in the District Court of Travis County on December 31, 2007. Citations have not been issued. Ratification and authorization for this action as well as future actions is requested by the City Attorney. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to file an appeal and the filing is hereby ratified to contest an adverse Attorney General letter ruling (OR2007-16832) requiring the disclosure of certain police records. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of January, 2008. - Mayor Becky Ames -