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HomeMy WebLinkAboutPACKET FEB 21 2006 UO City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 21,2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Traci Colbert would be appointed to the Martin Luther King, Jr. Parkway Commission. The term would commence February 21, 2006 and expire February 20, 2008. (Councilmember Becky Ames) A) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Wmdemere Subdivison, Section Two B) Authorize the City Manager to apply for and receive funding through the Byrne Memorial Justice Assistance Grant program and to execute an inter-local agreement with Jefferson County, Texas in order to reallocate Justice Assistance Grant funds to Jefferson County, Texas C) Authorize the City Manager to decrease the Sanitary Sewer Improvements Rehabilitation of the Florida Street Lift Station Project amount by adjusting the scope of work • A . City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: February 21, 2006 AGENDA MEMO DATE: February 10, 2006 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Windemere Subdivision, Section Two. RECOMMENDATION Administration recommends approval of the following: North Windemere Drive from the existing North Windemere Drive dead end approximately 1,174 linear feet east to the 3-OM-4P end of roadway markers. Also, recommended for approval are the water and sanitary improvements for Lots 1-16, Block 8 and Lots 1-15, Block 9. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on November 08, 2005. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in the Windemere Subdivision have been completed as follows: Street and Storm Sewer Improvements North Windemere Drive from the existing North Windmere Drive deadend approximately 1,174 linear feet east to the 3-OM-4P end of roadway markers. Water and Sanitary Sewer Improvements ® Lots 1-16, Block 8 ® Lots 1 - 15, Block 9 WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department recommends that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the above-referenced street, storm sewer, water and sanitary sewer improvements in the Windmere Subdivision, Section Two, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the prelimina ry and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of February, 2006. - Mayor Guy N. Goodson - B CUECity of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Frank C. Coffin, Jr., Chief of Police MEETING DATE: February 21, 2006 AGENDA MEMO DATE: February 15, 2006 REQUESTED ACTION The City Council authorize the City Manager to apply for and receive funding in the amount of$ 75,724 through the Byrne Memorial Justice Assistance Grant program and to execute an inter-local agreement with Jefferson County, Texas in order to reallocate Justice Assistance Grant funds to Jefferson County, Texas in the amount of$11,358. RECOMMENDATION The City Council authorize the City Manager to apply for and receive funding in the amount of $75,724 through the Byrne Memorial Justice Assistance Grant program and to execute an inter- local agreement with Jefferson County, Texas in order to reallocate Justice Assistance Grant funds to Jefferson County, Texas in the amount of$11,358. BACKGROUND The Local Law Enforcement Block Grant has been replaced by the Byrne Memorial Justice Assistance Grant program. Due to Jefferson County being designated a disparate jurisdiction by the Department of Justice, a joint application must be filed and the agencies must agree to funding allocations prior to application for funding. BUDGETARY IMPACT An additional $ 64,366 for law enforcement equipment and programs. Replaces funding usually received through the Local Law Enforcement Block Grant program. PREVIOUS ACTION 0 None. SUBSEQUENT ACTION None. RECOMMENDED BY Frank C. Coffin, Jr., Chief of Police 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 the amount of$75,724 through the Byrne Memorial Justice Assistance Grant program. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to execute an inter-local agreement with Jefferson County, Texas in order to reallocate Justice Assistance Grant funds to Jefferson County, Texas in the amount of$11,358. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of February, 2006. - Mayor Guy N. Goodson - fBeaumont 'U City o � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hani J. Tohme,Water Utilities Director MEETING DATE: February 21, 2006 AGENDA MEMO DATE: February 15,2006 REQUESTED ACTION: Council approval ofa resolution authorizing the City Manager to decrease the Sanitary Sewer Improvements Rehabilitation of the Florida Street Lift Station Project amount by adjusting the scope of work. RECOMMENDATION Administration recommends approval of decreasing the Sanitary Sewer Improvements Rehabilitation ofthe Florida Street Lift Station Project amount by$76,340.19.The proposed changes to the original contract will delete the sanitary sewer force main aerial crossing, delete the installation of an 8 foot chain link fence, delete the removal and replacement of 3 sanitary sewer manholes, delete the installation of 46 linear feet of a 27 inch SDR-35 sewer line,delete the installation of 6 linear feet of a 27 inch SDR-35 sanitary sewer line, delete the installation of 55 linear feet of a 16 inch C905 PVC sanitary sewer force main,delete the abandonment of a 27 inch sanitary sewer line, delete the abandonment of a 16 inch sanitary sewer force main, delete the abandonment of a 10 inch sanitary sewer line,and add the installation of 20 linear feet of a 10 inch SDR-26 sanitary sewer line,miscellaneous plugging,by-pass pumping and tie-ins.The proposed change order will decrease the total contract amount by 14.11%. BACKGROUND The Sanitary Sewer Improvements Rehabilitation of the Florida Street Lift Station Project will convert the existing dry pit into a submersible wet well, demolish the existing wet well, construct new reinforced concrete walls and slab, remove and replace the existing pumps,remove and replace necessary piping to make the new lift station operable,install a new control building with all related appurtenances,install radio communication antenna, and construct a new driveway and parking area. The lowest bid exceeded the budgeted amount for the project. The proposed adjustments to the original design will not effect the quality of the final product. BUDGETARYIMPACT Funds for the project are available in the Capital Program. PREVIOUS ACTION Resolution 06-048 in the amount of$540,904.14 was passed by City Council on February 7, 2006, SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One(1) DATE:February 21,2006 ROJECT: City of Beaumont,Texas Sanitary Sewer Improvements Rehabilitation ofthe Florida Street Lift Station Project OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Placo,LTD. P.O.Box 8120 Lumberton,Texas 77657-0120 TO THE OWNER: Approval of the following contract change is requested. Realm for Change:To decrease the contract amount by adjusting the scope of work performed by the Contractor.The scope of work is adjusted by the following:Delete the sanitary sewer force main aerial crossing;delete the installation of an 8 foot chain link fence;delete the removal and replacement of 3 sanitary sewer manholes;delete the installation of 46 linear fed of a 27 inch SDR- 35 sanitary sewer line•,delete the installation of 6 linear fed of a 27 inch SDR-35 sanitary sewer line;delete the installation of 55 linear feet of a.16 inch C905 PVC sanitary sewer force main;delete the abandonment of a 27 inch sanitary sewer line;delete the abandonment of a 16 inch sanitary sewer force main;delete the abandonment of a 10 inch sanitary sewer line;add the installation of 20 linear fed of a 10 inch SDR-26 sanitary sewer line,miscellaneous plugging,by-pass pumping and tie-ins. ORIGINAL CONTRACT AMOUNT: $540.904.14 THIS CHANGE ORDER Desc iMion: Net Change Delete the sanitary sewer force main aerial crossing. ($16,044.67) Delete the installation of an 8 foot chain link fence. ($10,010.80) Delete the removal and replacement of 3 sanitary sewer manholes. ($29,956.44) Delete the installation of46 linear feet of a 27 inch SDR-35 sanitary sewer line. ($12,185.86) 'etc the installation of 6 linear fed of 27 inch SDR-35 sanitary sewer line. ($1,447.62) Delete the installation of 55 linear fed of a 16 inch C905 PVC sanitary sewer force ($11,957.55) mein. Delete the abandonment of a 27 inch sanitary sewer line. (54,841.86) Delete the abandonment of a 16 inch sanitary sewer force main. ($3,810.24) Delete the abandonment of a 10 inch sanitary sewer line. ($2,421.55) Add the installation of 20 linear fed of a 10 inch SDR-26 sanitary sewer line. 54,336.40 Add miscellaneous plugging,by-pass pumping and tie-ins. S12,000.00 TOTAL AMOUNT OF THIS CHANGE ORDER: ($76340.19) TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $464,563.95 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 Orden. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Accepted by: Hani Tohme,P.E. City of Beaumont Placo,LTD Water Utilities Director Owner Contractor Date: Date: Date: RESOLUTION NO. WHEREAS, on February 7, 2006, the City Council of the City of Beaumont, Texas, passed Resolution 06-048, awarding a contract to Placo, LTD. in the amount of $540,904.14 for the Sanitary Sewer Improvements Rehabilitation of the Florida Street Lift Station Project; and, WHEREAS, Change Order No. 1 in the amount of$76,340.19 is required to adjust the scope of the work performed by the contractor thereby decreasing the contract amount to $464,563.95; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 in the amount of$76,340.19 to adjust the scope of the work performed by the contractor thereby decreasing the contract amount to $464,563.95. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of February, 2006. - Mayor Guy N. Goodson - U City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 21, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition-Representative from the Corp of Engineers * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a specific use permit to allow a school bus parking and services facility located at Concord, Cottonwood and St. Helena 2. Consider authorizing the City Manager to execute an agreement with Ron Petit for the purchase of a life-size bronze figure of Dr. Martin Luther King, Jr. 3. Consider approving a resolution authorizing the participation of the City of Beaumont with other Entergy-Gulf States, Inc., service area cities to intervene in proceedings before the Public Utilities Commission of Texas for the calendar year 2006 4. PUBLIC HEARING: Receive comments on the Preliminary 2006 HUD Consolidated Grant Program Budget WORKSESSION: Discuss the Preliminary 2006 HUD Consolidated Grant Program Budget Consider approving the Preliminary 2006 HUD Consolidated Grant Program Budget • EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Daniel Bell v City of Beaumont Curtis Breaux, et al v City of Beaumont, Texas, et al 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 Lenny Caballero at 880-3716 three days prior to the meeting. � 1 February 21, 2006 Consider approving a request for a specific use permit to allow a school bus parking and services facility located at Concord, Cottonwood and St. Helena vow City of Beaumont �• Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: February 21, 2006 AGENDA MEMO DATE: February 13, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow a school bus parking and services facility located at Concord,Cottonwood and St. Helena. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a school bus parking and services facility located at Concord, Cottonwood and St. Helena. BACKGROUND Beaumont Independent School District is requesting a specific use permit to allow the construction of a school bus parking and service facility on property located at Concord, Cottonwood and St. Helena. The facility would house buses that serve the schools on the north end of the city. The site will include parking for 53 buses, an employee office and washing and fueling facilities. Employee parking will be provided on the adjacent football stadium parking lot. In addition to the bus facility, eleven parking spaces are being provided for use by the Beaumont Housing Authority for parking for the BHA apartment complex across the street. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 15, 2005, the Planning Commission voted 7:0 to approve a specific use permit to allow a school bus parking and services facility located at Concord, Cottonwood and St.Helena with the stipulation that before the request is placed on the City Council agenda,the site plan be amended showing the security fence on either side and indicating that buses will not back out onto public streets. A revised site plan has been submitted meeting the conditions as required by the Planning Commission showing the security fence on either side and indicating that buses will not back out onto public streets. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SCHOOL BUS PARKING AND SERVICES FACILITY IN AN RMH(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT CONCORD, COTTONWOOD AND ST. HELENA 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 Beaumont Independent School District to allow a school bus parking and services facility in an RMH (Residential Multiple Family Dwelling-Highest Density) District located at Concord, Cottonwood and St. Helena, City of Beaumont, Jefferson County, Texas, as described on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a school bus parking and services facility in an RMH (Residential Multiple Family Dwelling-Highest Density) District located at Concord, Cottonwood and St. Helena, City of Beaumont, Jefferson County,Texas, is hereby granted to Beaumont Independent School District, its legal representatives, successors and assigns, as described in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein ranted is expressly issued for and in P P 9 P Y 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 21st day of February, 2006. - Mayor Guy N. Goodson - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES TRACT ONE That certain 0.9786 acre tract out of the James Drake Survey, Abstract 71 , Jefferson County, Texas, being the remainder of that called 1.08 acre tract conveyed to The Housing Authority of the City of Beaumont as recorded in Volume 880, Page 333 of the Deed Records of Jefferson County, Texas, said 0.9786 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is the east right-of-way line of Helena Street and the west line of a called 1.856 acre tract conveyed to The Housing Authority of the City of Beaumont as recorded in Volume 889, Page 300 of the Deed Records of Jefferson County, Texas having been called North. COMMENCING at a concrete monument found at the intersection of the east right-of-way line of Helena Street with the south right-of-way line of Plum Avenue for the northwest corner of the said 1.856 acre tract upon resurvey found to contain 1.865 acres. THENCE South along the said east right-of-way line of Helena Street and the west line of the said 1.865 acre tract, at a distance of 340.73 feet pass a point from which a found city monument bears North 89 043'06"West 30.58 feet, and continuing a total distance of 380.23 feet (called South) to a '/z" capped iron rod 'set in the north line of the said 1.08 acre tract for the southwest corner of the said 1.865 acre tract and the northwest corner of the said 0.9786 acre t tract, from which a found 5/8" iron rod bears North 59 027'39" West 0.26 feet, and the POINT OF BEGINNING; THENCE North 62°00'00" East along the said south line of the 1.865 acre tract and the north line of the said 0.9786 acre tract a distance of 325.96 feet (called North 62 000'00" East-Vol. 880, Pg. 333 and North 61015'00" East 320.74 feet-Vol. 889, Pg. 300) to a '/2" capped iron rod set for an angle point; THENCE North 42 053'00" East continuing along the said south line of the 1.865 acre tract and the said north line of the 0.9786 acre tract a distance of 62.00 feet (called North 42°53'00" East 62.00 feet-Vol. 880, Pg. 333 and North 45°42'00" East 66.40 feet-Vol. 889, Pg. 300) to a "X" set in concrete in the west right-of-way line of Concord Road for the southeast corner of the said 1.865 acre tract and the northeast corner of the said 0.9786 acre tract; THENCE South 41°53'00' East along the said west right-of-way line of Concord Road and the east line of the said 0.9786 acre tract a distance of 155.30 feet (called South 44°38'00" East 155.30 feet) to a 'h" capped iron rod set for the southeast corner of the said 0.9786 acre tract; THENCE South 69°50'07" West along the south line of the said 0.9786 acre tract a distance of 462.00 feet (called South 69 009'00" West 472.52 feet) to a concrete monument found in the said east right-of-way line of Helena Street for the southwest corner of the said 0.9786 acre tract; THENCE North along the said east right-of-way line of Helena Street and the west line of the said 0.9786 acre tract a distance of 76.42 feet to POINT OF BEGINNING and containing 0.9786 acres of land. more or less. EXHIBIT "A" LEGAL DESCRIPTION FOR ORDINANCE PURPOSES TRACT TWO That certain 1.865 acre tract out of the James Drake Survey, Abstract 71, Jefferson County, Texas, being that called 1.856 acre tract conveyed to The Housing Authority of the City of Beaumont as recorded in Volume 889, Page 300 of the Deed Records of Jefferson County, Texas, said 1.865 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is the east right-of-way line of Helena Street and the west line of the said 1.865 acre tract having been called North. BEGINNING at a concrete monument found at the intersection of the east right-of-way line of Helena Street with the south right-of-way line of Plum Avenue for the northwest corner of the said 1.865 acre tract; THENCE East along the said south right-of-way line of Plum Avenue and the north line of the said 1.865 acre tract a distance of 167.00 feet (called East 167.00 feet) to a concrete monument found at the intersection of the said south right-of-way line of Plum Avenue and the west right-of-way line of Concord Road for the northeast corner of the said 1.865 acre tract; THENCE South 41053'00' East along the said west right-of-way line of Concord Road and the east line of the said 1.865 acre tract a distance of 244.15 feet (called South 41°53'00" East 244.15 feet) to a "X" set in concrete for the northeast corner of a called 1.08 acre tract conveyed to the Housing Authority of the City of Beaumont as recorded in Volume 880, Page 333 of the Deed Records of Jefferson County, Texas and the southeast corner of the said 1.865 acre tract; THENCE South 42°53'00" West along the north line of the said 1.08 acre tract and the south line of the said 1.865 acre tract a distance of 62.00 feet (called South 42°53'00" West 62.00 feet-Vol. 880, Pg. 333 and South 45°42'00" West 66.40 feet-Voi. 889, Pg. 300) to a '/z" capped iron rod set for an angle point; THENCE South 62°00'00" West continuing along the said north line of the 1.08 acre tract and the south line of the said 1.865 acre tract a distance of 325.96 feet (called South 62°00'00" West-Vol. 880, Pg. 333 and South 61 015'00" West 320.74 feet-Vol. 889, Pg. 300) to a '/2" capped iron rod set in the said east right-of-way line of Helena Street for the southwest of the said 1.865 acre tract from which a found 5/8" iron rod bears North 59°27'39"West 0.26 feet; THENCE North along the said east right-of-way line of Helena Street and the west line of the said 1.865 acre tract, at a distance of 39.50 feet pass a point from which a found city monument bears North 89°43'06" West 30.58 feet, and continuing a total distance of 380.23 feet (called North) to the POINT OF BEGINNING and containing 1.865 acres of land, more or less. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES TRACT 3 That certain 0.3139 acre tract out of the James Drake Survey Abstract 71, Jefferson County, Texas and being a portion of a called 1.856 acre tract conveyed to the Housing Authority of the City of Beaumont as recorded in Volume 889, Page 300 of the Deed Records of Jefferson County, Texas and a portion of a called 1.08 acre tract conveyed to the Housing Authority of the City of Beaumont as recorded in Volume 880, Page 333 of the deed records of Jefferson County, Texas, said 0.3139 acres being more particularly described by metes and bounds as follows: - Note: The Basis of Bearings is the east right-of-way line ofHelena Street and the west line of the called 1.856 acre tract conveyed to the Housing Authority of the City of Beaumont as recorded in Volume 889, Page 300 of the Deed Records of Jefferson County, Texas having been called North. COMMENCING at a found concrete monument at the intersection of the south right of way line of Plum Avenue (unimproved) with the southwest right of way line of Concord Road for the northeast corner of the said 1.856 acre tract; THENCE South 410 53' 00" East along the said southwest right of way line of Concord Road a distance of 196.81 feet (called South 41° 53' 00" East) to a point for the northwest corner of the said 0.3139 acre tract and the POINT OF BEGINNING; THENCE with a curve to the right having a chord bearing of South 02° 10' 51" West, a chord distance of 20.82 feet and a radius of 15.00 feet a distance along the curve of 23.02 feet to a point; THENCE with a curve to the right having a chord bearing of South 62° 31' 51" West, a chord distance of 335.26 feet, and a radius of 450.00 feet a distance along the curve of 343.54 feet to a point in the east line of Helena Street for the northwest corner of the said 0.3139 acre tract from which a found concrete monument for the northwest corner of the said 1.856 acre tract bears North 322.10 feet (called North); THENCE South along the said east line Arelena Street a distance of 36.28 o feet (called South) to a point for the southwest corner of the said 0.3139 acre tract from which a found concrete monument for the southwest corner of the said 1.08 acre tract bears South 98.27 feet (called South); THENCE with a curve to the left having a chord bearing of North 63° 06' 30" East, a chord distance of 361.16 feet and a radius of 485.00 feet, a distance along the curve of 370.07 feet to a point of reverse curve; LEGAL DESCRIPTION FOR ORDINANCE PURPOSES THENCE with a curve to the right having a chord bearing of South 86° 22' 12" East, a chord distance of 20.48 feet and a radius of 25.00 feet, a distance along the curve of 21.10 feet to a point in the said southwest right of way line of Concord Road for the southeast corner of the said 0.3139 acre tract from which a t/z" capped iron rod set for the southeast corner of the said 1.08 acre tract bears South 41° 53' 00" East, 136.09 feet (called South 44° 38' 00" East); THENCE North 410 53' 00" West, along the said southwest right of way line of Concord Road a distance of 66.56 feet (called North 41° 53' 00" West) to the POINT OF BEGINNING and containing 0.3139 acres more or less. •C.t IJ File 1794-P:Request for a specific use permit to allow a school bus parking and service NORTH facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District. P• Location: Concord at St. Helena Applicant: Fittz and Shipman, Inc. SCALE 111=2001 r. GC - MD CIO s \ /C / ae N. JA r' PL UN �1A AVE _.._ PLUM AVE. - -- F COS 9T - w 17- - Uj -� GA.rTC�Nwb � ,' ' A VE I �✓ corTow000 IV ■�■ COTTONWOOD AVE. Z `' - F: JI 1!, J: u r OA. r tf 9 Vt < . � A14 �o y M Q JJ I iJ o v i J ✓ JD JS _ M OAK �E 34 " u LIVE OAK AVE. 18cj 40 JP r u I a �. .. - 34A 1 34 LAVE J9 I DAn -o PK AVE' GC - M ' ` 4 �MAR/T(,V PJ Ps+ AVE z 2 '• ! ) ti D-// (�w lot 3 J �r '9 rJP _ JC J. L Ow EL L AVE m H m X • °p W I I I °00 CRI o o I I I I •o0 from \`•\ . . .\`, , I l i I I I i I I I , p ' 1 II °° moorfntfd L O J L O J Q I o L J � I I °o °oI��+w r LOJ °° oo Ir ^^1 101i '_I °o ti _ YJ °o QQ r UNDERGROUND FUEL TANK °°° �Q ° 9p °0 r'r1 ° �'J o LJ I I 0 ' I I 00 o L• L J I 1 1 1 I o \BUS FUELING STATION Q o o o /O, L I o s 7 o o -----y7 VP�� °°°°°°00 8 o L o°o w o P 0 ° o ° o <• G °° 2 0 , o , ° oo CONCORD HOMES ATE • �1�00 °°°° �'*�� PAR ING ----- �o �a °° O � • ° o 000000000 "/��}� \`•' \ � Y $man=coma 00000 o o o o o o SITE PLAN f.o o° o v fan 2 February 21, 2006 Consider authorizing the City Manager to execute an agreement with Ron Petit for the purchase of a life-size bronze figure of Dr. Martin Luther King, Jr. City of Beaumont Council Agenda Item M K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: February 21, 2006 AGENDA MEMO DATE: February 9, 2006 REQUESTED ACTION: City Council authorize the City Manager to execute an agreement with Ron Petit for the purchase of a life-size bronze figure of Dr. Martin Luther King, Jr. RECOMMENDATION The Administration recommends City Council authorize the City Manager to execute an agreement with Ron Petit for the purchase of a life-size bronze figure of Dr. Martin Luther King, Jr. BACKGROUND The City proposes to construct a new park named the Martin Luther King,Jr.Park on the east side of M.L. King Parkway between College and Wall Streets. The project will include the construction of benches, tables, landscaping and retaining wall, a parking area, and a life-size bronze sculpture of Dr. King. The artist, Mr. Petit, is the Beaumont native that recently completed the sculpture for the Beaumont Police Officers Memorial. For the park project,Mr.Petit has provided two(2)concept sketches which are original works of art and not based on a particular photo of Dr. King. As stated by the artist,the drawings are"the result of many hours of intense research and refinement. The designs are intended to capture the essence of Dr. King's strong personal beliefs, visions and determination to instill hope and inspire others." If these concept sketches are not acceptable,the artist is willing to provide another sketch based on the City's concept for the sculpture. The completed sculpture will stand atop a three-foot tall granite pedestal fitted with a bronze name plaque. The cost of the sculpture is $55,000. BUDGETARY IMPACT Funds for the cost of the bronze figure are available in the Capital Improvement Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director PctitAWvementMLKingSculpt=.wpd February 9,2006 hr,�•,1w .1 ;"IkIN Nk t Martin Luther King Jr. Life Size Sculpture concept sketch #1 Designed by Ron Petitt For The City of Beaumont, Texas Martin Luther King Jr. Park { f 'f t Martin Luther King Jr. Life Site Sculpture crxtccpt sketch�1 lksignrd by Rm Pratt F,w lice City 4 Braumcxu,Texas - Martin Luther King Jr.Park fi �f� .av sue."�,> �F. r,v.a,..s�✓`". yy1� 3k fi '9 c 2006 Ron Petitt E' Ilk i 41 Martin Luther King Jr. Life Size Sculpture concept sketch #2 Designed by Ron Petitt For The City of Beaumont, Texas Martin Luther King Jr. Park ' p pp� i ! f 5, k ° } r ' o. t� Martin Luther King Jr. Life Size Sculpture concept sketch#2 Designed by Ron Petitt 5 For The City of Beaumont,Texas Martin Luther King Jr.Park 5. r+ s 6 } i pf:: R w: r I 2006 Ron Petitt z RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an agreement with Ron Petit for the purchase of a life-size bronze figure of Dr. Martin Luther King, Jr. in the amount of $55,000. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of February, 2006. - Mayor Guy N. Goodson - 3 February 21, 2006 Consider approving a resolution authorizing the participation of the City of Beaumont with other Entergy-Gulf States, Inc., service area cities to intervene in proceedings before the Public Utilities Commission of Texas for the calendar year 2006 OCity of Beaumont 'WORNIMPRIMMOL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: February 21, 2006 AGENDA MEMO DATE: February 16, 2006 REQUESTED ACTION: Council consider a resolution authorizing the participation of the City of Beaumont with other Entergy-Gulf States,Inc., service area cities to intervene in proceedings before the Public Utilities Commission of Texas for the calendar year 2006. RECOMMENDATION Administration recommends the adoption of a resolution authorizing the City of Beaumont to participate with other Entergy-Gulf States, Inc., service area cities and to intervene in proceedings filed by EGSI before the Public Utilities Commission of Texas for the calendar year 2006. BACKGROUND It is expected that Entergy-Gulf States, Inc., will file several matters in 2006 before the Public Utilities Commission of Texas. These matters include a fuel factor case in March, 2006, and September, 2006, to raise the fuel charge to customers; a fuel reconciliation case in May, 2006, to reconcile fuel costs through December 31, 2005, and address incremental capacity costs requested in 2005 but delayed until May, 2006; at least one request for a fuel surcharge to recover the difference between actual and estimated fuel charges. The case which was filed in 2005 to recover transition to competition costs and expenses will be litigated in February and March of 2006. The company will also attempt to collect an estimated$300 million of costs related to storm damage from Hurricane Rita. These matters will all be filed at the Public Utilities Commission of Texas. Historically,the City ofBeaumont has joined with other cities in the Entergy-Gulf States service area in participating in proceedings before the Public Utilities Commission of Texas and various rate and fuel matters filed by Entergy-Gulf States,Inc. The City of Beaumont has,over the last several years, adopted a similar resolution to the one proposed today and has participated in the various cases filed by EGSI over the years. The purpose of this resolution is to authorize the City of Beaumont to participate with other cities by intervening in the cases that the company is expected to file in 2006. This participation is necessary to assure reasonable rates and charges and fair competition to all customer classes. The action ofthe various cities intervening in these matters are accomplished pursuant to the direction of a Cities' Steering Committee of which the City of Beaumont is a member. The Cities' Steering Committee will retain rate consultants and attorneys who will represent the cities' interest in the above proceedings. BUDGETARY IMPACT All reasonable expenses associated with these cases will be reimbursable by the company as they have been in the past. PREVIOUS ACTION The City Council has authorized similar participation resolutions for the calendar years 2002, 2003, 2004, and 2005. SUBSEQUENT ACTION: None RECOMMENDED BY: City Manager and City Attorney. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS BY ENTERGY AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2006 WHEREAS, Entergy Gulf States' (EGSI) implementation of customer choice has been delayed due to lack of competition; lack of independent market structures and organizations in its service territory to implement fair competition; and because EGSI's ability to control the market in its region has not been evaluated,EGSI will continue to be regulated; WHEREAS, changes to the Public Utility Regulatory Act addressing rates and rate proceedings will have a direct impact on EGSI and customer bills during the continued transition to competition; WHEREAS, EGSI is scheduled to litigate its request in various proceedings at the Public Utility Commission in 2006 related to transition to competition expenditures; capacity cost surcharges; various fuel cost surcharges; Hurricane Rita losses, and for approval of various market structures necessary for the implementation of fair . competition; WHEREAS, EGSI is scheduled to file a fuel factor proceedings at the Public Utility Commission in March and September 2006, and file other fuel proceedings during 2006 to reconcile fuel, to surcharge or refund fuel charges, and to change the fuel mechanism, along with various surcharge requests impacting rates; WHEREAS, Cities have a duty to set fair and reasonable rates for both the Company and ratepayers within Cities; WHEREAS, Cities have original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code §33.001; WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to TEx. UT1L. Code §33.025; WHEREAS, Cities are entitled to reimbursement of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code §33.023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, that: SECTION 1. The City of Beaumont shall participate with other Cities to intervene in EGSI's various rate filings related to the recovery of transition to competition costs, capacity costs and fuel cost proceedings, which include fuel reconciliation(s), fuel factor and fuel surcharge/refund cases and cost recovery proceedings related to Hurricane Rita impacts filed at the Public Utility Commission in 2006 seeking appropriate regulatory scrutiny. The City of Beaumont shall participate with other Cities to intervene in proceedings at the Public Utility Commission filed in 2006 concerning EGSI's readiness for competition, market power, organizations and structures to assure fair competition to all customer classes. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from EGSI of all reasonable expenses associated with participation in said proceedings. SECTION 2. This resolution shall be effective from and after the date of its passage. PASSED by vote of the City Council of the City of Beaumont, Texas, this day of 2006. THE CITY OF BEAUMONT, TEXAS By: ATTEST: City Secretary APPROVED AS TO FORM: 4 February 21, 2006 PUBLIC HEARING: Receive comments on the Preliminary 2006 HUD Consolidated Grant Program Budget WORKSESSION: Discuss the Preliminary 2006 HUD Consolidated Grant Program Budget Consider approving the Preliminary 2006 HUD Consolidated Grant Program Budget City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: February 21, 2006 AGENDA MEMO DATE: February 14, 2006 REQUESTED ACTION: Council conduct a public hearing/workshop to review and receive comments on and approve the Preliminary 2006 HUD Consolidated Grant Program Budget. RECOMMENDATION Administration recommends approving the Preliminary 2006 HUD Consolidated Grant Program Budget. BACKGROUND City Council has conducted public hearings/workshops in previous years prior to adopting the City's Consolidated Grant Program Budget, as mandated by the U. S. Department of Housing and Urban Development(HUD). To date,the Community Development Advisory Committee(CDAC)has held two (2) meetings to discuss and review the process for submitting 2006 Action Plan Budget recommendations to the City Council. Community Development staff along with other City of Beaumont staff involved with the Consolidated Grant program hosted four(4)Public Hearings to receive public comments relating to the process and activities germane to the 2006 Consolidated Grant Program Budget. Subsequent public hearings/workshops will follow. BUDGETARY IMPACT The preliminary 2006 Consolidated Grant Program budget is comprised of federal allocations of $1,818,982(Community Development Block Grant funds), $761,380(HOME funds)and$150,000 (estimated program income). PREVIOUS ACTION None. RECOMMENDED BY City Manager, Public Works Director,Planning Manager, Grants Administrator,Housing Manager +r✓ 2006 HUD CONSOLIDATED GRANT PROGRAM Preliminary COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) 2006 HOUSING Budget Minor Repair S 200,000 Funds will be used to repair approximately 13 homes at$15,000 Lead-Based Paint Testing 25,000 Funds will be used to test the paint and address the lead based paint issues of single family residential and multiple family housing. infrastructure 85,000 Funds will be used for infrastructure in the CDBG strategy area. CLEARANCE AND DEMOLITION Clearance and Demolition Activities Funds will be used to demolish approximately 100 unsafe residential structures and specified 200,982 commercial structures. Funds will also be used for project delivery costs and for clearance on a spot basis. PUBLIC FACILITY&IMPROVEMENT 830,000 Section 108**Debt Service Hotel Beaumont(Section 108 payment)-rehabilitation Crockett Street(Section 108 payment)-rehabilitation Jefferson Theater(Section 108 payment)-rehabilitation Theodore R Johns,Jr.Library(Section 108 payment)-new construction L L Melton YMCA(Section 108 payment)-rehabilitation PUBLIC SERVICES Public Services Organizations 100,000 Funds will be used for administrative and operating costs for various non-profit organizations. EMERGENCY SHELTER SET-ASIDE 85,000 Funds will be used to provide Homeless Provider Grant Funds to assist with operation management, essential services,homeless prevention and administration of facilities that house and provide services to the homeless population. ECONOMIC DEVELOPMENT Small Business Revolving Loan 112,000 Funds will be used to promote small business development and job creation in Beaumont and to stimulate employment and entrepreneurship among women,minorities and the economically disadvantaged. ADMINISTRATION 181,000 Funds will be used for personnel and operating expenses necessary for compliance with the planning execution,and regulatory requirements of the HUD Consolidated Grant Program. TOTAL CDBG 1,818,982 REVOLVING FUNDS(Funded with Program Income*) Small Business Loan Fund 125,000 Historic Preservation Loan Fund 20,000 Clearance and Demolition 5,000 *Program Income is Estimated TOTAL REVOLVING FUNDS 150,000 HOME AFFORDABLE HOUSING PROGRAM 685,242 Funds will be used to assist non-profit housing development organizations with the development of approximately 10 single family homes. Funds will also be used to assist low/moderate income families with closing costs,mortgage buy downs,and down payments needed to purchase homes. Funds will also be used for eligible projects costs associated with the development of multi-family housing units. HOME ADMINISTRATION 76,138 Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution,and regulatory requirements of the HUD HOME Program, TOTAL HOME 761,380 TOTAL 2006 PRELIMINARY BUDGET $ 2,730,362 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the Preliminary 2006 HUD Consolidated Grant Program Budget. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of February, 2006. - Mayor Guy N. Goodson -