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PACKET AUG 28 2007
�r City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 28, 2007 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Cathy Chavis would be appointed to the Martin Luther King, Jr. Parkway Commission. The term would commence August 28, 2007 and expire August 27, 2009. (Councilmember Jamie D. Smith) Charlie Foxworth would be appointed to the Keep Beaumont Beautiful Commission. The term would commence August 28, 2007 and expire August 27, 2009. (Mayor Becky Ames) A) Authorize the City Manager to sign a memorandum of agreement with the Warren Independent School District for the use of their school facilities as a temporary shelter for Beaumont emergency workers and equipment in the event of a man made or natural disaster requiring such shelter B) Authorize the City Manager to execute a License Agreement with Crockett Street Development dba Crockett Street District for a one(1)year term RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Beginning Expiration Appointment Commission of Term of Term Cathy Chavis Martin Luther King, Jr. Parkway Commission 08/28/07 08/27/09 Charlie Foxworth Keep Beaumont Beautiful Commission 08/28/07 08/27/09 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2007. - Mayor Becky Ames - A t17Ej---!j City Council Agenda Item NL TO: City Council FROM: Kyle Hayes, CitX Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 28, 2007 AGENDA MEMO DATE: August 23, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to execute a License Agreement with Crockett Street Development dba Crockett Street District, for a one (1) year term. RECOMMENDATION Administration recommends approval of the License Agreement. BACKGROUND The City of Beaumont continues in its campaign to promote business development in the downtown area and provide an aesthetically-pleasing environment for patrons from the community. The City of Beaumont and Crockett Street Development participated in a private/public partnership to develop Crockett Street. The City was responsible for paving,sidewalk and lighting improvements on Crockett Street. In June 2003, the City entered into a License Agreement with Crockett Street Development. The agreement provided exclusive use of the Crockett Street right-of-way from Main to Pearl Streets. Under the terms of the proposed license, Crockett Street Development may limit vehicular and pedestrian traffic to this section of Crockett Street. In return for this exclusive license, Crockett Street Development agrees to provide the City with written notice thirty(30)days in advance of any planned entertainment event, in order to limit pedestrian access. The license requires a payment to City of ten percent (10%) of gross receipts for admission for all "for profit" events. There is not a required fee for"non-profit" events; however, the notifications requirements are the same. Additionally, the maintenance of the infrastructure on Crockett Street from Main to Pearl Streets will be the responsibility of Crockett Street Development. Also included in the license is an Crockett Street District License Agreement Renewal August 23, 2007 Page 2 indemnification clause and the requirements for insurance with the City as a name insured. Should the one (1)year term expire, the license will continue from month-to-month until such date as it is renewed by City Council. A copy of the License Agreement in its substantial form is attached for your review. BUDGETARY IMPACT The City has received $35,227.80 since June 2003 as a result of the 10% fee. i 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 License Agreement with Crockett Street Development dba Crockett Street District for a one(1)year term. 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 28th day of August, 2007. - Mayor Becky Ames - LICENSE STATE OF TEXAS § ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § On the date last indicated below, the City of Beaumont, a municipal corporation of Beaumont, Jefferson County, Texas, (hereinafter called "Licensor"), and Crockett Street Development, by and through Crockett Street District, (hereinafter called "Licensee"), contract and agree as set forth herein. Licensee desires an exclusive license from Licensor to use the real property the subject of this License Agreement described as follows: Crockett Street right-of-way between Main and Pearl Streets(herein"Licensed Premises"). Licensee may limit vehicular access to the Licensed Premises, but may not limit pedestrian access at any time except as follows: Should Licensee desire to limit pedestrian access to the Licensed Premises, they must first provide Licensor with thirty (30) days advance written notice of its intention to do so. If an admission charge is assessed or compensation is paid for use of the Licensed Premises and the event is a "for profit"event, Licensee shall pay to Licensor a fee of ten percent(10%)of the gross receipts for admission to the event. There shall be no fee for"non-profit' events, but Licensor shall still be given at least thirty (30) days notice as set out above. "Non-profit' event, as used in this License, means that 100% of the admission fee for the event is received by the organization for which the event is held and the organization is a charitable organization as defined by the Tax Code of the State of Texas, or the Internal Revenue Code of the United States. Licensee is to provide Licensor with thirty(30)days advance written notice of the events planned for the Licensed Page 1 of 7 EXHIBIT "A" Premises. Should Licensee fail to comply with the notice and fee provisions of this paragraph,this License may be terminated immediately. Licensor shall be allowed to audit the financial records of"for profit"events to verify payment accuracy. Such audit will occur during normal business hours. Truck deliveries to the Crockett Street District will be limited to the Licensed Premises. No truck delivery will be made on either Main or Pearl Streets. Licensed Premises may continue to be occupied and used by Licensee solely in connection with the Crockett Street District and for incidental purposes related thereto during the term of this License or until termination thereof. Said License shall be for a term of one (1) year from and after the date of its approval by the City Council of Licensor. Should the one (1) year term expire, the license will continue from month to month until such date as it is renewed by the City Council. No permanent improvements shall be made upon the Licensed Premises without first obtaining the written consent of Licensor by and through its City Manager or his designee and providing a copy of the notice to Licensor in writing of how,when and to what extent such improvements are to be made. A copy of this License shall be attached to such notice. In the event Licensor, by Resolution of the City Council, determines there is a public need of the subject property or any part thereof, for the benefit of the Licensor or to protect the health, safety or welfare of the public, and it terminates this License or any part thereof, Licensee shall not receive any compensation and the Licensor shall not be liable therefor Page 2 of 7 whether for the value of the property taken, damage to the abutting or remaining property or improvements, loss of business or profit, loss of access, or otherwise. Licensee shall, at all times of use under this License, be liable for all liability and/or damage claims for injury or death of persons or property from any cause whatsoever relating to the occupancy of the premises by Licensee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the Licensed Premises, during the term of this License or any extension thereof. Licensee agrees to indemnify and save harmless Licensorfrom anyand all claims,causes of action,and damages of every kind for injury to or death of any person and damages to property arising out of the occupancy and use of Licensed Premises or the operations embraced by this License and including acts or omissions of Licensorin connection therewith. Licensee shall carry public liability and property damage insurance covering operations hazards, and including Licensee's obligations under the indemnification provision contained in this License (with a company acceptable to Licensor)with Licensor as a named insured in the sum of$1 million in the aggregate. Should Licensor determine at any time during the term of this License Agreement that the above coverage is inadequate, it shall notice Licensee in writing to increase the amount of such insurance so the same shall be adequate. The failure of Licensee to obtain said additional insurance within thirty (30) days of Licensor's request shall constitute a breach of this License. A copy of the original policy shall be filed with the City Clerk. Page 3 of 7 As part of the consideration for this License Agreement, Licensee shall pay to Licensor the sum of$10.00 (Ten and No/100 Dollars), said sum being non-refundable. Licensee recognizes that this License does not affect the use of the Licensed Premises by Licensor or any entity with a franchise to use City rights-of-way. This Agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30)days prior to the termination date therein specified. This License is neither assignable nor transferrable except (1) in conjunction with and as part of Licensee's conveyance of all the abutting property and (2) occupancy and use of the Licensed Premises by a lessee leasing abutting property from Licensee(in which case Licensee is not relieved from its obligations owed to Licensor hereunder). This License survives through probate or warranty deed or lease. In any such event, other than lease of abutting property, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying the abutting property. This License shall include the right of Licensee to have balcony structures which extend into the Licensed Premises. Licensee shall be responsible for all maintenance, repair and upkeep of the Licensed Premises, including, but not limited to, brick pavers, decorative lighting, arches and lighting on arches and curbs. Any notice to Licensor shall be sufficient if it is mailed or hand-delivered to the Office of the City Manager, City of Beaumont, P. O. Box 3827, Beaumont, Texas, 77704. Any Page 4 of 7 notice to Licensee shall be sufficient if mailed or hand-delivered to Licensee at 555 Main Street, Beaumont, Texas, 77701. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day of , 2007. LICENSOR CITY OF BEAUMONT By: Kyle Hayes, City Manager LICENSEE CROCKETT STREET DEVELOPMENT dba CROCKETT STREET DISTRICT By: Tom Flanagan, President Crockett Street Development Page 5 of 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared KYLE HAYES, City Manager of the City of Beaumont, a municipal corporation of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the act and deed of the City of Beaumont. GIVEN under my hand and seal of office this the day of , 2007. Notary Public in and for the State of Texas Page 6 of 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared TOM FLANAGAN, President of Crockett Street Development, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the Representative of Crockett Street District. GIVEN under my hand and seal of office this the day of , 2007. Notary Public in and for the State of Texas Page 7 of 7 B City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: C.A. Shelton, Interim Fire Chief MEETING DATE: August 28, 2007 AGENDA MEMO DATE: August 24, 2007 REQUESTED ACTION: Consider authorizing the City Manager to sign a memorandum of agreement with the Warren Independent School District for the use of their school facilities as a temporary shelter for Beaumont emergency workers and equipment in the event of a man made or natural disaster requiring such shelter RECOMMENDATION The Administration recommends approval. BACKGROUND In September of 2005,when Hurricane Rita was threatening the area, provisions were made for the sheltering of emergency services personnel and response equipment within the City of Beaumont. It was determined after this event, that this was not the best course of action for future disasters. Subsequently, as part of the emergency planning process, a decision was made that in addition to those emergency response personnel and equipment sheltered within the City, that some of these resources should be dispersed and sheltered at locations more remote from the City. This action would take place in the final moments, in advance of a hurricane landfall, after all citizen evacuation and storm preparations had been completed and these resources will return immediately when it is safe to do so. This agreement will provide one such remote sheltering location for a portion of the City of Beaumont's emergency response personnel and equipment. BUDGETARY IMPACT None. RECOMMENDED BY: City Manager and Interim Fire Chief 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 Memorandum of Agreement with the Warren Independent School District for the use of their school facilities as a temporary shelter for Beaumont emergency workers and equipment in the event of a man made or natural disaster requiring such shelter. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2007. - Mayor Becky Ames - �r EL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 28, 2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 7-12/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive 2. Consider a request for a specific use permit to allow a dental office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District on property located on the east side of Delaware Extension, approximately 106' northeast of Wilcox Lane 3. Consider a request for an amended specific use permit to allow the expansion of a mini-warehouse storage facility in a GC-MD (General Commercial-Multiple Family Dwelling)District at 5945 Cole Road 4. Consider a request for a specific use permit to allow a general office complex in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2340 Dowlen Road 5. Consider a request for a specific use permit to allow a recreational vehicle park in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 5775 Erie Street 6. Consider a request for a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4155 Laurel 7. Consider a request to abandon a portion of Averill Street from Maime to the dead end of Averill Street 8. Consider authorizing the City Manager to execute a contract for the Oaks Historic District Water Main Rehabilitation Project 9. Consider approving Change Order No. 1 to the Main Street Roadway Reconstruction Project for installing a 3-inch conduit and fiber optic cable on Main, Forsythe, Park and College Streets to improve the facility data network system 10. Consider approving a contract with Motorola to consolidate radio systems from the current Fire and Police dispatch centers into the 911 Operations Center 11. Consider approving a contract for photographic traffic signal enforcement services 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 August 28, 2007 Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive f City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 28, 2007 AGENDA MEMO DATE: August 21, 2007 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive. RECOMMENDATION The Administration recommends approval of a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property located on the west side of Warren Street, approximately 467'north of W. Cardinal Drive. BACKGROUND Lionel Arsement has applied for a zone change from RM-H(Residential Multiple Family Dwelling- Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district. The property is located on the west side of Warren Street, approximately 467'north of W. Cardinal Drive. Mr. Arsement owns and operates the Rockin' A Caf6 at 3520 W. Cardinal Drive. He is currently expanding his business to include an additional 11,900 sq. ft. of open and enclosed structures. To accommodate this expansion,he is wishing to construct additional parking. The vast majority of the parking will be located north of the existing restaurant. The Planning Manager spoke with Mr. Arsement to explain that his recommendation is based upon the need to buffer the residences to the east of the proposed rezoning. The subject property is currently zoned RM-H to act as a buffer to the residences along the east side of Warren. To grant GC-MD zoning would prohibit the City Council from requiring any special conditions that could allow Mr. Arsement his parking lot but with adequate buffering for his neighbors to the east. With the granting of GC-MD-2 zoning, Mr. Arsement would then ask for a specific use permit in September. Mr. Arsement is in agreement with this recommendation. At a Joint Public Hearing held August 20, 2007, the Planning Commission voted 8:0 to approve a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the west side of Warren Street, approximately 467'north of W. Cardinal Drive. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF WARREN STREET,APPROXIMATELY 467' NORTH OF W. CARDINAL DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive, being a 1.6 acre portion of Block 20, M.C. Cartwright Addition, beginning at said tract's southeast corner which is located approximately 467.56 feet north of the northwest corner of the intersection of Warren Street and W. Cardinal Drive, thence in a westerly direction for a distance of approximately 323 feet to said tract's southwest corner, thence in a northerly direction for a distance of approximately 205.28 feet to said tract's northwest corner, thence in an easterly direction for a distance of approximately 323 feet to said tract's northeast corner, thence in a southerly direction for a distance of approximately 205.56 feet to the point of beginning, City of Beaumont, Jefferson County, Texas, containing 1.6 acres, more or less, as shown on Exhibit"A," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 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 28th day of August, 2007. - Mayor Becky Ames - File 189 • Request for a zone change from RM-H{Residential Multiple Family Dwelling-Highest Density)District to GC-MD(General Commercial-Multiple Family Dwelling) District. Location: West side of Warren Street, approximately 467' north of W. Cardinal Drive Applicant: Lionel Aisement 0 100 200 Feet i WORCESTER Legend ® 1898Z 70 M M ca R GC-MD GC-MD M Z to CARQjNAL OR W WB S EXHIBIT "A" 2 August 28,2007 Consider a request for a specific use permit to allow a dental office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District on property located on the east side of Delaware Extension, approximately 106'northeast of Wilcox Lane 1 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 40 PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 28, 2007 AGENDA MEMO DATE: August 21, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a dental office in a GC-MD-2(General Commercial-Multiple Family Dwelling-2) District on property located on the east side of Delaware Extension, approximately 106'northeast of Wilcox Lane. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a dental office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District on property located on the east side of Delaware Extension,approximately 106'northeast of Wilcox Lane subject to the following condition: • Provide an 8'tall wood screening fence and 10'wide landscape strip along the east and south property lines. BACKGROUND Daron Etie has applied for a specific use permit to allow a dental office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District. The property is located on the east side of the Delaware Extension, approximately 106'northeast of Wilcox Lane. In June,2005,City Council approved a zone change to GC-MD-2 and a specific use permit to allow medical offices and a day care center. The Zoning Ordinance states that construction must commence and be substantially underway within a two year time period or the specific use permit will become null and void. Construction has not begun so the specific use permit expired in June of this year. The original specific use permit included 8,000 sq. ft. of medical offices in two buildings and an 8,000 sq. ft. day care center. The new specific use permit request is for a 2,475 sq. ft. dentist office in a single building. At a Joint Public Hearing held August 20, 2007, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a dental office in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District on property located on the east side of Delaware Extension, approximately 106'northeast of Wilcox Lane subject to the following condition: • Provide an 8'tall wood screening fence and 10'wide landscape strip along the east and south property lines. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DENTAL OFFICE IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) LOCATED ON THE EAST SIDE OF DELAWARE EXTENSION, APPROXIMATELY 106' NORTHEAST OF WILCOX LANE 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 Daron Etie, to allow a dental office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) located on the east side of Delaware Extension, approximately 106' northeast of Wilcox Lane, as described in 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 condition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a dental office in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) located on the east side of Delaware Extension, approximately 106' northeast of Wilcox Lane, as described in Exhibit "A" attached hereto, is hereby granted to Daron Etie, his legal representatives, successors and assigns, as shown on Exhibit "B" attached hereto and made a part hereof for all purposes subject to the hereinafter described conditions: • Provide an 8' tall wood screening fence and 10' wide landscape strip along the east and south property lines. l 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 "C" 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 28th day of August, 2007. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 2.812 acre tract or parcel of land,a part of the residue portion of that certain tract of land(called 152.355 acres)as conveyed by deed to Beaumont West,Inc.recorded in Volume 1834,Page 215 of the Deed Records of Jefferson County,Texas,as situated in and apart of the H. Williams Survey, Abstract No. 56 of said county and being more particularly described by metes and bounds as follows: Beginning at a 3/4" pinched top pipe found located on the northerly line of Lot 9 of Beaumont West, Section Three as recorded in Volume 13, Page 16 of the Map Records of said county, and the southerly line of said 152.355 acre tract marking the Southwest corner of that certain tract of land(called 45.531 acres) as conveyed by deed to Hilcorp Energy 1, L.P.recorded in Clerk File No. 2000033569 of the Official Public Records of Real Property of said county,and the Southeast corner of the herein described tract of land; said point also marks the Southwest corner of that certain tract of land(called 79.58 acres) as conveyed by deed to Amoco Production Co.recorded in Volume 2167,Page 233 of said Deed Records; Thence North 03 deg. 27 min.14 sec. West (Reference Bearing) along the westerly line of said Hilcorp Energy tract with the easterly line of this tract a distance of 655.81 ft. (deed 655.31 ft.) to a %2" steel rod with plastic cap marked "Whitely" found located on the southeasterly right of the way line ofDelaware Extension,as described in Gift Deed recorded in Film Code File No. 101-69-0153 of the Real Property Records of said County, marking the Southeast corner of Northeast corner of the herein described tract of land; said bears South 03 deg. 27 min. 56 sec. East(deed South 03 deg. 25 min. 14 sec. East) a distance of 203.40 ft. (deed 203.81 ft.)from a 5/8" steel rod found marking the most northerly corner of said Delaware Extension; Thence South 25 deg. 55 min.45 sec.East(deed South 25 deg. 56 min.48 sec.West) along the southeasterly line of said Delaware Extension with the northwesterly line of the tract a distance of 761.35 ft.(deed 761.01 ft.)to a%2"iron pipe found located on the aforementioned southerly line of said 152.355 acre tract marking the Northwest corner of Lot 14 of Beaumont West, Section Five as recorded in Volume 14,Page 55 of said Map Records and the Southwest comer of the herein described tract of land; Thence North 65 deg. 22 min. 50 sec. East(deed North 88 deg. 11 min. 11 sec. East) (plat North 88 deg. 40 min. 02 sec. East)along the northerly line of said Beaumont West Section Five with the southerly line of said 152.355 acre tract and this tract a distance of 373.03 ft. to the Southeast corner and Place of Beginning and containing in area 122,489 square feet or 2,812 acres of land more or less. EXHIBIT "A" File 1902-P: Request for a specific use permit to allow a dental and optometry office in a -MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: East side of Delaware Extension, approximately 106' northeast of Wilcox Lane Applicant: Daron Etie 0 100 200 300 400 Feet Legend 1902P P� V� P RS A-R o� VQ ti Q Q. vQ' Qw GC-MD X1.N _S 9� - EXHIBIT "B" or r[raJrssa rr,s — — m-J ,.r.J..Jars JIC.,J.wi ��.1pp.��1.»W�.y/.�� lY»ar�1�.�y/..aJ.as r 1 DMYMIG»KID ..................................................... 6 w':•:'-iii..:.::+ w I» JU Mt.um ............... I sw m JJ o stn Ju ■•slum Ju e 1 1 slr •::r.. 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SIGN SECTIONS ,41 �1 m x pp * Approval subject to the following condition: -=� Provide an T tall wood screening fence and 10'wide landscape strip along the east and 0 south property lines. 3 August 28,2007 Consider a request for an amended specific use permit to allow the expansion of a mini-warehouse storage facility in a GC-MD (General Commercial-Multiple Family Dwelling)District at 5945 Cole Road City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 40 PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 28, 2007 AGENDA MEMO DATE: August 21, 2007 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow the expansion of a mini-warehouse storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5945 Cole Road. RECOMMENDATION The Administration recommends approval of a request for an amended specific use permit to allow the expansion of a mini-warehouse storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5945 Cole Road subject to the following condition: • Locate the additional seven parking spaces that are required. BACKGROUND Jim Speed has applied for an amended specific use permit to allow the expansion of a mini- warehouse storage facility in a GC-MD (General Commercial-Multiple Family Dwelling)District. The property is located at 5440 Old Dowlen Road and 5945 Cole Road. In July,2003,City Council approved a specific use permit to allow a mini-warehouse storage facility at 5440 Old Dowlen. Mr. Speed would now like to construct an additional 7,000 sq. ft.building to the east of the existing buildings. An additional access drive will be constructed to enter and exit onto Cole Road. An 8'tall wood screening fence will be extended along the south property line along with a 21'wide landscape strip. At a Joint Public Hearing held August 20, 2007, the Planning Commission voted 8:0 to approve a request for an amended specific use permit to allow the expansion of a mini-warehouse storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District subject to the following condition: • Locate the additional seven parking spaces that are required. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARYIMPACT None. File 1901-P: Request for an amended specific use permit to allow the expansion of a mini- arehouse storage facility in a GC-MD(General Commercial-Multiple Family Dwelling) istrict. Location: 5945 Cole Applicant: Jim Speed 0 100 200 300 400 Feet G MD Legend ® 1901P GC- D ST o z C- D RM-H ° 0 v RM-H �-... � 99.zs � —__t. _.zp4.S ._--� — __� I x.a.lre✓txP".-t anrw -. _ . n4INr'6 FRC1r `-� 6ttsr..Stix:R.b�D6 I wx�o o oJI, . C CO y 9 \I - (( y I s st.nc,otzc.Srtr - CN.1-IMfRd+Eb?'S Nof�buN� � ' 6m T.E�u.ae I g I _ j - wuErsrzlz.nccg. I F _n 9, - ' I 2 of I v *trr uNes 9a..ca i * m b I LU d Hnw ecwa W+K� emr.e H .�.� N••U+cea4+cq�0 •' ; hF'sir F _ - �1mn '°�_`° -�_ Yl�` K,a cc_ � .. _ I rann- •S NR ' �.*MRWMMTNsMo SW64.MFMA�6 5' lu exr a;, -_-- -_ " _-. CALL` fZop.D. I R t4 I 61y I r 517 ff. Pt�k•N � tr. W. Liu °"°. 'f K wNa K� . F •turw wt"t f * Approval subject to the following condition: • Locate the additional seven parking spaces that are required. 1 • a z . ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A MINI- WAREHOUSE STORAGE FACILITY LOCATED AT 5945 COLE ROAD 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 Jim Speed, to allow the expansion of a mini-warehouse storage facility located at 5945 Cole Road, being the West Y2 of Lot 9 and the south 239' of Lot 10, Block 6, Tract 3, Rosedale Addition, City of Beaumont, Jefferson County, Texas, containing 1.99 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow the expansion of a mini-warehouse storage facility located at 5945 Cole Road, being the West 1/2 of Lot 9 and the south 239' of Lot 10, Block 6, Tract 3, Rosedale Addition, City of Beaumont, Jefferson County, Texas, containing 1.99 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Jim Speed, his legal representatives, successors and assigns, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes subject to the hereinafter described condition: • Locate the additional seven (7) parking spaces that are require. 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 28th day of August, 2007. - Mayor Becky Ames - 4 August 28, 2007 Consider a request for a specific use permit to allow a general office complex in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2340 Dowlen Road ti 72JJ City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 28, 2007 AGENDA MEMO DATE: August 21, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a general office complex in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2340 Dowlen Road. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a general office complex in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2340 Dowlen Road this request subject to the following conditions: • No new median cut on Dowlen Road will be allowed. • An 8'tall wood screening fence and 10'wide landscape strip will be required along the east property line. • The two easterly buildings must be modified to provide for a 15' rear building setback or a variance must be granted by the Zoning Board of Adjustment. • Restrict all buildings on the subject property to one story. BACKGROUND Taber Quraishi has requested a specific use permit to allow a general office complex in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District. The property is located at 2340 Dowlen Road. In August,2004,City Council approved a rezoning of the subject property to GC-MD-2. In October, 2004, City Council approved a specific use permit with conditions to allow an office building complex. The Zoning Ordinance states that unless construction of the conditions of the specific use permit are commenced and substantially underway within a two year time period,the specific use permit shall become null and void. Since the two year time period has expired,Mr. Quraishi is again requesting approval of a specific use permit to allow an office complex. At a Joint Public Hearing held August 20, 2007, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a general office complex in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2340 Dowlen Road this request subject to the following conditions: • No new median cut on Dowlen Road will be allowed. • An 8'tall wood screening fence and 10'wide landscape strip will be required along the east property line. • The two easterly buildings must be modified to provide for a 15' rear building setback or a variance must be granted by the Zoning Board of Adjustment. • Restrict all buildings on the subject property to one story. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GENERAL OFFICE COMPLEX IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) LOCATED AT 2340 DOWLEN ROAD 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 Taher Quraishi, to allow a general office complex in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) located at 2340 Dowlen Road, as described in 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 general office complex in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) located at 2340 Dowlen Road, as described in Exhibit"A" attached hereto, is hereby granted to Taher Quraishi, his legal representatives, successors and assigns, as shown on Exhibit"B" attached hereto and made a part hereof for all purposes subject to the hereinafter described conditions: • No new median cut on Dowlen Road will be allowed. • An 8' tall wood screening fence and 10' wide landscape strip will be required along the east property line. • The two easterly buildings must be modified to provide for a 15' rear building setback or a variance must be granted by the Zoning Board of Adjustment. • Restrict all buildings on the subject property to one story. 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 "C" 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 28th day of August, 2007. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 1.442 acre tract out of the H. Williams Survey,Abstract 56, Jefferson County, Texas, and being out of and a part of those called 3.947 and 1.084 acre tracts conveyed to Gulf Employees Credit Union as recorded in Clerks File No. 9701757 of the Official Public Records of Jefferson County, Texas, said 1.442 acres being more particularly described by metes and bounds as follows: Basis of Bearings is along the southwesterly line of the said 3.947 acre tract having been called North 51° 54' 51" West 416.55 feet. BEGINNING at a 5/8"iron rod found in the easterly right-of-way line of Dowlen Road(100' R.O.W.) and the northeasterly right-of-way line of that 100-foot wide Jefferson County Drainage District No. 6 drainage ditch as recorded in Volume 1952,Pages 63, 78,&467 and Volume 1955,Page 419 of the Deed Records of Jefferson County, Texas for the southwest corner of the said 3.947 and 1.442 acre tracts; THENCE North 33° 31'05" East along the said easterly right-of-way line of Dowlen Road a distance of 96.30 feet (called North 33° 31' 03" East) to a 1/2" iron rod found for the northwest corner of the said 1.442 acre tract; THENCE South 56° 28' 57" East a distance of 150.00 feet to a point for comer; THENCE North 78*41'59"East a distance of 189.18 feet to a point for the northeast corner of the said 1.442 acre tract; THENCE South 01` 07'44"East a distance of 324.66 feet to a point in the said northeasterly right-of-way of the Jefferson County Drainage District No.6 drainage ditch and the southwesterly line of the said 1.084 acre tract for the southeast corner of the said 1.442 acre tract; THENCE North 51° 55'29" West along the said northeasterly right-of-way of the Jefferson County Drainage District No. 6 drainage ditch and the said southwesterly line of the 1.084 acre tract a distance of 53.96 feet to a 1/2" iron rod found for an angle point; THENCE North 51°54'5 1"West continuing along the said northeasterly right-of-way of the Jefferson County Drainage District No. 6 drainage ditch and the southwesterly line of the said 3.947 acre tract distance of 416.31 feet(called North 51° 54' 51" West 415.55 feet) to the POINT OF BEGINNING and containing 1.442 acres of land, more or less. EXHIBIT "A" File 1900-P: Request for a specific use permit to allow a general office complex in a MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: 2340 Dowlen Road Applicant: Taher Quraishi 0 100 200 soo 400 Feet Legend ® 1900P R-S. �o o° V NC r _MADISON RIDGE r R- PU D eE<<P R_S o,N F R R-S U L EXHIBIT "B" S _ 01. 0 0 N o 111�IM C A u Z NEW Z m *I N r _0 rri AS N CA --4 K: O, uZ W Cr N m M Z X U1 # N Z w� D WD Z� Q' ' U) n NO r 0 Z? O T I d N C N -+ o C b LA bd z z H D r Frt F1 OD UI H H 8* Q M 11 N 51'54'51" W - 416.31 N 51'55'29" W X ro Z 50-9 53.96 = H ° Z C JEFFERSON COUNTY DRAINAGE DITCH #6 o -1 o (100' R.O.W.) v°O� O _ N ^� N O ZC Z 0 M o °` o 0 �+ *Approval subject to the following conditions: p u cn x No new median cut on Dowlen Road will be allowed. N An 8'tall wood screening fence and 10'wide landscape strip will be required along the east property line. • The two easterly buildings must be modified to provide for a 15'rear building setback or a variance must be granted by the Zoning Board of Adjustment. • Restrict all buildings on the subject property to one story. 5 August 28, 2007 Consider a request for a specific use permit to allow a recreational vehicle park in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 5775 Erie Street 11!. 1City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 28, 2007 AGENDA MEMO DATE: August 21, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a recreational vehicle park in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 5775 Erie Street. RECOMMENDATION The Administration recommends denial of a request for a specific use permit to allow a recreational vehicle park in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 5775 Erie Street. BACKGROUND Charles and Beth Boren have applied for a specific use permit to allow a recreational vehicle park in an RM-H (Residential Multiple Family Dwelling-Highest Density) District. The property is located at 5775 Erie Street. The Borens have the subject property under contract to purchase. Their plans are to build a 73 space recreational vehicle park on 3.49 acres. In addition to the pad sites, there will be a 1,600 sq. ft. structure that will contain the main office, a storage room, a storage garage, laundry room and four shower rooms. The Borens state that noise will be controlled through a strictly enforced 10 p.m. to 6 a.m. curfew by the on-site manager. The property will be surrounded by an 8' tall wood screening fence. The pad sites will be accessed by a one way street and one access/egress point onto Erie Street. This access/egress point will be gated. At a Joint Public Hearing held August 20, 2007, the Planning Commission voted 9:0 to deny a request for a specific use permit to allow recreational vehicle park in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 5775 Erie Street. The "20% Rule" is in effect on this item. This means that in order to approve a zone change or specific use permit when the 20%Rule has been invoked at least six Councilmembers must vote in favor of the ordinance. On File 1897-P, a protest of 20.5% was received, therefore invoking the Rule on this case. For further information, please see the attached explanation of the 20% Rule. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE PARK IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING- HIGHEST DENSITY) DISTRICT, LOCATED AT 5775 ERIE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Charles and Beth Boren, to allow a recreational vehicle park in an RM-H (Residential Multiple Family Dwelling-Highest Density) District, located at 5775 Erie Street being Lot 5, Block 134, J. A. Veatch Survey, Abstract 20, City of Beaumont, Jefferson County, Texas, containing 3.49 acres, more or less, as described in 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 recreational vehicle park in an RM-H (Residential Multiple Family Dwelling-Highest Density) District, located at 5775 Erie Street, being Lot 5, Block 134, J. A. Veatch Survey, Abstract 20, City of Beaumont, Jefferson County, Texas, containing 3.49 acres, more or less, is hereby granted to Charles and Beth Boren, their legal representatives , successors and assigns, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. Beaumont, their legal representatives, successors and assigns, as described in Exhibit "A" and shown on Exhibit "B" 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 28th day of August, 2007. - Mayor Becky Ames - The "20% Rule" Section 30-40. D. of the Zoning Ordinance states the following: Protest: The City Council shall not amend, supplement, change, modify or repeal any regulation,restriction or boundary or approve a Specific Use Permit where a protest against such change, signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of the City Council. This means that in order to approve a zone change or specific use permit when the 20% rule has been invoked at least six Council members must vote in favor of the Ordinance. On File 1897-P,a protest of 20.5%was received,therefore invoking the Rule on this case. File 1897-P: Request for a specific use permit to allow a recreational vehicle park in an -H(Residential Multiple Family Dwelling-Highest Density)District. Location: 5775 Erie Street pplicant: Charlie and Beth Boren 0 100 200 300 400 Feet Legend 1897P LI m LI m (a LI Ll nraar rasa■s.ar. urn ■■rnra■■rur ururnrnra�ru■w�araaruf�a■■rnrururnruara■nu�r Masao s.■r■nrnruau■aruiruu.nr■■r■■ ■■rs EXHIBIT "A" I I 1 I __ i I _ ;�, tA. ��Z fi�I Y 4�� 4 �� �-� �9>. � j I F�' ��, �" ' i a ��.� �� �� �� � � . r� J 't�, ■ 1 6 August 28, 2007 Consider a request for a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4155 Laurel City Council Agenda Item �r � - ' K, TO: City Council FROM: Kyle Hayes, C•ityy Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 28, 2007 AGENDA MEMO DATE: August 21, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a cellular telephone transmission tower in a GC-MD(General Commercial-Multiple Family Dwelling) District at 4155 Laurel. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a cellular telephone transmission tower in a GC-MD(General Commercial-Multiple Family Dwelling)District at 4155 Laurel subject to the following condition: • Plant shrubs along the east side of the facility. BACKGROUND Dave Petrakovitz,representing T-Mobile West Corporation,has applied for a specific use permit to allow the construction of a 1.00' tall cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling)District. The property is located at Beaumont Community Players new theater at 4155 Laurel. Mr.Petrakovitz states that due to a large increase in cell phone traffic in the vicinity of the proposed site, T-Mobile has identified a need for enhanced coverage in this part of Beaumont. After considering several alternative sites in the vicinity,the proposed location was chosen by T-Mobile's design team as the most suitable for the desired radio signal coverage area. T-Mobile proposes erecting what is referred to in the cellular industry vernacular as a "unipole". With this type of pole,there are no visible external antennas. It is a modified flagpole design which utilizes fiberglass shrouds or housings on the top of the tower painted to match the tower itself. Behind these shrouds are mounted the necessary broadcast and reception antennas. Mr.Petrakovitz states that while this design is a technological compromise from a broadcast and signal coverage perspective, T-Mobile feels it is a better design fit for the neighborhood. At a Joint Public Hearing held August 20,2007,the Planning Commission voted 9:0 to approve a request for a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4155 Laurel subject to the following condition: • Plant shrubs along the east side of the facility. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARYIMPACT None. • m T m o l e .® T-Mobile USA,Inc. 12920 SE 38th Street, Bellevue,WA 98006 July 18, 2007 Bonnie Semien Code Enforcement Officer City of Beaumont 801 Main Street, Suite 205 Beaumont, Texas 77704 Ms. Semien, Thank you earlier for your time and consideration as well as your advice regarding T- Mobile's proposed cell tower site at 4155 Laurel Street. Please accept this application from T-Mobile West Corporation for a SUP to erect a 100' high unipole tower and cellular radio facility at 4155 Laurel Street, Beaumon-, 77707. I am enclosing a formal Specific Use Permit Application, Letter to Commission& Council, 8.5"x 11" site plan and site elevation drawings (2 copies), 11" x 17" site plan and site elevation drawings (2 copies), and two photos of similar sites as built in The Woodlands, Texas. These towers are actually 160' high as we discussed in your office but we have had our office digitally cut these down to 100' to better represent the proposed site on Laurel Street. We have enclosed 25 color copies of each photo for your use and distribution, and a$250.00 application fee check. We would hope that with this application in before July 27, 2007 that we would be able to be heard on the Planning and Zoning Commission's August 20, 2007 meeting. We look forward to working with your department and the City on this issue. Please do not hesitate to call with further questions, concerns, of for additional informa*ion. Thank you,,-- `�� RECEIVED CITY OF BEAUMONT Dave Petrakovitz PLANNING DIVISION Site Development Office T-Mobile West Corporation 2 Greenway Plaza, Suite 1100 Houston, Texas 77046 LOW -1901 ,2007 281-701-0604 -AT P david.petrakovitz@t-mobile.com • m oTo m O l e .® T-Mobile USA,Inc. 12920 SE 38th Street, Bellevue,N/A 98006 July 18, 2007 Planning Commission& City Council City of Beaumont, Texas 801 Main Street Beaumont, Texas Commission and Council Members, T-Mobile West Corporation(T-Mobile), a Federally licensed cellular telephone carrier hereby makes request for a Specific Use Permit to construct and operate a wireless antenna facility with the appurtenant pole, antennas, and ground mounted radio base station to be located at 4155 Laurel Street, Beaumont, Texas, 77707. The proposed site is on property now owned by the Beaumont Community Players, Inc., a community theatre company on property formally utilized as a multi-screen movie house. Due to a large increase in cellular phone traffic in the vicinity of the proposed site, and based upon T-Mobile's experience with highly increased cellular telephone/radio traffic during a recent citizen emergency evacuation period T-Mobile has identified a need for enhanced coverage in this part of Beaumont. After considering several alternative sites in the vicinity the proposed location was chosen by T-Mobile's design team as one which most closely met the community design and zoning standards while still providing a close enough proximity to the desired radio signal coverage area so as to be able to provide the required service. T-Mobile proposes erecting what is referred to in the cellular industry vernacular as a `unipole'. As can be seen from the accompanying photos this site has no visible external antennas. It is a modified flagpole design which utilizes fiberglass shrouds or housings on the top of the tower painted to match the tower itself behind which are mounted the necessary broadcast and reception antennas. While this is a technological compromise from a broadcast and signal coverage perspective T-Mobile feels it is a better design fit for the neighborhood. This type of site design is being used with increasing community request and approval in many local cities including Houston, Sugarland, Clear Lake, and The Woodlands to name a few. It is T-Mobile's belief, after consultation with City Planning staff and review of City zoning requirements that the proposed site location is compatible with and not injurious to the use and enjoyment of other property owners in the vicinity of this site nor would this site impede the normal and orderly development of surrounding vacant property. The site location exceeds City requirements from residential uses, does not impact the parking needs of the theatre, is set back beyond requisite building lines from Laurel Street, is shielded at street level from two sides -by the theatre building on the south and by thick tree coverage on the west - and is surrounded by commercial uses on all four sides. Experience has shown that a site design such as the one proposed has no significant affect on property values in the immediate vicinity of similarly designed sites. T-Mobile has already met with local utility providers and ascertained that there is more than sufficient current service availability for the needs of this site. No water or sewer is required. Furthermore, as this site is already a paved parking lot there would be no change to rain water drainage off the property caused by the construction of this site. As an unmanned site there would be no adverse affects to vehicular or pedestrian traffic. The site would generate on average two to three single-vehicle trips to the site per month by a service van or pickup truck for routine site maintenance. Other than during normal construction noise and dust(the bulk of which process runs about a week) as an unmanned facility there is no noise, fumes, vibration, or odors created by this site other than that which might be occasioned by the use of an emergency generator. Due to the demonstrated emergency communication needs provided for by cellular phones within the Beaumont area this site is being designed with an emergency backup generator on site. This generator is only designed to be used in the event of a loss of power to the site and is not used for normal operations. The noise of this generator might be heard within a short distance of the site but with the shielding afforded by the thick trees to the west and the theatre building to the south the residential neighborhood to the south would be very well protected from objectionable generator noise. There is no lighting of this site other than a pole mounted floodlight which is provided for a service technician's use while on site and is angle downward onto the radio equipment and ground. T-Mobile believes there is good natural landscaping and screening of the site from the north, south and west as will be noted on the attached site plan. While the current site plan as noted does not call for further landscaping along the eastern fence line due to the use of the immediate area being a paved parking lot, T-Mobile is agreeable to placing landscaping along the eastern fence line should the Commission and/or Council so desire. The compound would be surrounded by a solid screened wooden fence. T-Mobile accordingly request approval of a Specific Use Permit for the construction and operation of wireless antenna facility/tower at the requested location. Thank you. "_�C L Dave Petrakovitz Letter of Owner Authorization April 10, 2007 Beaumont Community Players Document Tracker c/o Mr. Bill Genn, President Date Entered `� P.O. Box 21743 BY V O Beaumont,TX 77720 Re:Property: 2.3042 acre tract of land, in the H, Williams Survey, A-56,Jefferson County, Texas, a/k/a Beaumont Community Players Theatre—4155 Laurel Ave.,Beaumont,TX. Dear Mr. Genn: T-Mobile Texas, L.P., a Delaware limited partnership , doing business as T-Mobile ("T-Mobile"), is interested in leasing space on your property for the purpose of locating communications equipment. In order to evaluate the property as a potential candidate, T-Mobile would like to request the right to enter the property to perform reasonable tests. The tests are to determine the feasibility of constructing and operating our communications facility on your property and would include (but may not be limited to) radio frequency testing and filing of land use applications. T-Mobile agrees to indemnify, defend, and hold you harmless from and against any and all damages, losses,and expenses arising out of or resulting from any claim, action, or other proceeding that is based upon any negligent act or omission or willful misconduct of T-Mobile or its contractors, arising in connection with access to the property. The purpose of this letter is to confirm that you are the owner of the property, that you have an interest in leasing a portion of the property for a communications site, and that you grant T-Mobile and its contractors permission to enter your property to perform any reasonable tests. Please sign below indicating your consent to allow T-Mobile to perform an on-site feasibility assessment of the property. We both acknowledge that no commitments have been made that would require either of us to enter into a legally binding contract. Owner—Beaumont Community Players By: 1/YX�ti-- Name: Bill Genn Its: President T-Mobile Texas,L.P.,A Delaware limited partnership d/b/a T-Mobile By: Name: kafth A. Haydon Its: Area DirecW, Network Eng 8 ops Site Number:A3H090-B Site Name:Beaumont Covununity Players Market: Houston \ ��y�. . \����\� . �\ ® _ - � s) ���\ � , . ^ � ��� ? . /����, �< . �, . \� � �� ©� . . �:w:\�\ . �% y . y� / . � . � / . � � � \ 4 . � . � \ � � � � . � � . \ � � ( . � � - � � � } . � . � . �+ � ^ ���/. � . . � � . � , . � < _�y . . . . : . » � � . � 2 . � � , . ~ �\ »mom\~^ . � < � � . � \ 2 �� \ � � c ° » « ?, < < /\ ? � � � � � �� � . �`� � 77�» /�f.. : �� . . | `��® < ��� «�/ v � ( ^ \��} \} � : � {\ {& : { \ / \ «t }� ` � . � ° ��} . . . � � . � - - . � � y : ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TELEPHONE TRANSMISSION TOWER IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT, LOCATED AT 4155 LAUREL, 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 T-Mobile West Corporation, to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District, located at 4155 Laurel, being a 35' x 40' portion of part of Tracts 8-A and 9, Plat D-25, H. Williams Survey, Abstract 56, City of Beaumont, Jefferson County, Texas, containing 0.032 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described condition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District, located at 4155 Laurel, being a 35' x 40' portion of part of Tracts 8-A and 9, Plat D-25, H. Williams Survey, Abstract 56, City of Beaumont, Jefferson County, Texas, containing 0.032 acres, more or less, is hereby granted to T-Mobile, its legal representatives, successors and assigns, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes subject to the hereinafter described condition: • Plant shrubs along the east side of the faciity. 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 Exhibit "C" 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 28th day of August, 2007. - Mayor Becky Ames - File,1896-P: Request for a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercia�-Multiple Family Dwelling) District. Location: 4155 Laurel Applicant: T-Mobile West Corporation 0 100 200 Feet Legend ® 1896P O In M GC- GC-MD -� n M LAUREL ST G -MD O R S n PR-S Z E CO REVISIONS DATE PRELIMINARY CONST. 06/13/07 PROPOSED 15'WIDE ACCESS POWER PER CLIENT COMMENTS 06/20/07 PROPOSED 12'WIDE CONCRETE ACCESS AND UTILITY EASEMENT POLE FOR CONSTRUCTION 07/10/07 (APPROX LENGTH 32') OACK OF CURB(B.O.C.) PROPOSED 12'WIOE DOUBLE SWING �r ACCESS GATE(SEE DETAIL BACK OF CURB OE I 7 (��/I�(� L R; � L - { �, G x -�-- -PpNF.NT PARCEL LINE FIRE' __ I / / ca9smucna+DwxrT>• I I PROPOSED UNDERGROUND U.( FROM EXISTING IN LE + // / PEDESTAL TD NEW FIBER MU%(MPRO%BS'-0^t IN LENGTH) � PROPOSED 5'WIDE UTILITY EASEMENT PROPOSED 2"THICK 3/4'CRUSHED ROCK OVER 4" 11��SEIESDTE SITE CONSULTANIS.1K. THICK COMPACTED TxDOT(TYPE C AGGREGATE BASE r�.... .ro.......w�-•-d.+ COURSE MATERIAL OVER CEO— LE FABRIC GRASS /_ I / __ 8500 W.0 110th Slraex,SLRe 300 -- / _ 20'B/L ___——--_— Overland Park Konsoe 86210 PROPOSED T-MOBILE UTILITY H-FRAME W/ _ _ __._ ——'--— Phone:(913)430-7700 NEW METER,DISCONNECT.AUTOMATIC L_ _— — Fax:(913)438-7777 TRANSFER SWITCH,LOAD CENTER h HOFFMAN - TELCO ENCLOSURE(SEE DETAIL I/A-5) - OX. PROPOSED T-MOBILE ICE BRIDGE(APPR I a 9'-8't IN LENGTH)(SEE DETAIL 1/A-8) I I " Pi =i p C 0 N C R E I E PROPOSED T-MOBILE 4'-0'.B'-0'CONCRETE 1 I DRIVE k 2 H d GENERATOR PAD(SEE DETAIL 4/S-1) I 4'-OI o p p u X N G $ .1 a W O m I �' ----------tea J�Q Z C, .1 I I ■ Z^ 6 I q� ■ mLj F-r1 I I i 1 O H N VT S 1 THE INFORMATION CONTAINED IN THIS DOCUMENTS•i SET OF NATURE. ANY USE 09 DISCLOSURE —� PROPOSED 100'FLAGPOLE OTHER MOBITHAN SHAT WWII H RELATES TO 1 PROPOSED 10'-6'x7'EQUIPMENT PAD 4'-0' I (SEE DETAIL 1/S-1)(BY OTHERS) PROPOSED SQUARE 800 WATT HALOGEN ENLARGED I 1 SECURITY LIGHT(SEE DETAIL 2/A-8) SITE PLAN I I I I I PROPOSED T-MOBILE H-FRAME W/ MMCONI PPC CABINET(SEE DETAIL 3/A-5) BEAUMONT COMMUNITY PROPOSED STEP DOWN TRANSFORMER II I I 1 PLAYERS A3H0090B PROPOSED 6'-0'TALL WOOD I I I I 4155-A LAUREL AVE(E911) FENCE(SEE DETAIL 1/A-7) I I I I 1 BEAUMONT,TEXAS 77707 PROPOSED UNDERGROUND POWER FROM EXISTING POWER POLE TO NEW STEP DOWN TRANSFORMER(APPROX 240'-0-+IN LENGTH) 10._g^ MTG I I I CENTER OF TOWER 06/12/07 30'-0' A'NOTED PROPOSED FENCE COMPOUND E 40'-0' A3HOO70B-A-2.d wa PROPOSED LEASE BOUNDARY owWxO Nuleu ^ III I I -2 SECTOR A REVISIONS DATE O• PREUMINARY CONST. 06/13/07 PER CLIENT COMMENTS 06/26/07 ANALYSIS AND DESIGN OF TOWER FOR CONSTRUCTION 07/10/07 NEW T-MOBILE AND FOUNDATION BY OTHERS.REFER ANTENNA PER SECTOR TO APPROPRIATE SHEETS FOR MORE AN .5 M INFORMATION.NO ERECTION OR MODIFICATION OF TOWER AND FOUNDATION SHALL BE MADE ALPHA WITHOUT APPROVAL OF STRUCTURAL HOME RUN CABLE ENGINEER. .3 M • . • • FROM TMA COAX CARI F IDENTIFICATION 2q 11 Vp CONTRACTOR MUST PROVIDE EASY BUNOFlPEROT AND UNIFORM MARKING NSTR TI ANTENNA CARING,PER THE FOLLOWING INSTRUCTIONS: MOUNTING ORINEIR I. LOCATION:MARKING SHALL BE MADE USING COLOR POLE Enm rrci TAPE WITH 2"-3'ON MMN LINE FEEDER OF COVERAGE AFFIXED AT THREE PLACES ON THE • • r^ COAX CABLE RUN AS FOLLOWS: ` SElfCT1Yf SITE COHEULTANI6,IXC. NEW 100'-0'2 FLAGPOLE A FIRST-ON THE COAX AT THE CONNECTOR .5 M yL CC NEAREST THE ANTENNA(WH 0 ERE THE COAX AND �1 0 .5 M JUMPER ARE CONNECTED). vr\ •-� B. SECOND-AT THE 845E OF THE TOWER SECTOR B STRUCTURE.(FOR TOWERS ONLY) 120' ZSF°- —� 8900 We.!110th Stroel,Sulla J00 • . 0v 10n6 Ports,Kona• 66210 F THIRD-AT A POINT OUTSIDE THE BT$.(JUST Phan•:(913)438-7700 PRIOR TO MCB) Fax:(913)438-7777 2. SECTOR IDENTIFICATION:NORMALLY A SITE WILL HAVE UP TO THREE SECTORS.SECTORS SHALL BE DESIGNATED IN A CLOCKWISE MANNER.THE ALPHA o• m W SECTOR IS CLOSEST TO ZERO DEGREES(NORTH). Cy�'i1WiV/' OJ THE BETA AND GAMMA FOLLOW CLOCKWISE IN NEW T-MOBILE CANISTER 3 SEQUENCE. APX17DWV-17DWV-S-C-ACU .9 N Q r�� U _ ANTENNA 3 TOTAL(DEC[) ►�4 p '1 1/2 JUMPERS 3. LOCATION:MARKING FOR ' CA 2672-OHS /��@� 1— SKUN 12787 l 1§ In O Q�!' N 1J' SHALL BE 1'LOCATED ON THE END Of THE CABLE. g •� O ALPHA SECTOR-RED l0 In BETA SECTOR-YELLOW ANTENNA PLAN (BOTTOM VIEW) 1 a 5 GAMMA SECTOR-BLUE �i R ASSEMBLY --REQUIRED 0 FOR ALL ■ w?z O NOTES: PANEL TYPE ANTENNAS ■ W^O 2'0 PIPE i. THE SINE,HEIGHT,AND DIRECTION OF THE O LLI ANTENNA SHALL HE ADJUSTED TO MEET SYSTEM 1=0 Z3 REOUREMENTS. ■ 100 HNx 2. CONTRACTOR SHALL VERIFY HEIGHT OF ANTENNA PANEL ANTENNA V) WITH T-MOBILE. 3. ALL ANTENNA AZIMUTHS TO BE FROM TRUE NORTH. THE INFORMATION CONTAINED IN THIS SET OF DOCUMENTS IS PROPRIETARY 4. CONTRACTOR TO ALIGN CORRECT PORT HOLE TO BY NATURE. ANY USE Ofl DISCLOSURE NEW ICE BRIDGE TOWER TO WAVECUIDE BRIDGE OTHER THAN THAT WHICH RELATES TO S. (1)Y BAND OF RED/WHT SPIRAL TAPE T-MOBILE 15 STRICTLY PROHIBITED, NEW LNA BOX WILL BE USED TO IDENTIFY UMTS LINES POLE MOUNT R TOWER NEW T-MOBILE EQUIPMENT HARDWARE KIT PER ELEVATION MANUFACTURERS SPECIFICATIONS NEW FENCE BEAUMONT COMMUNITY 1/2'COAX JUMPER MIN.BEND PLAYERS RADIUS PER MFG SPEC.,1 A3H0090B SUPPORT FOR 3'JUMPER W/ 4169-A LAUREL AVE EU11) 2 SUPPORT FOR e' BEAUMONT,TEXAS 7]707 JUM PERS WITHOUT LNA UM UPANII UW HAN/TL/S wrz N 06/12/07 NEW T-MOBILE ANTENNA AS NOTED E �•./�(� /M1/iJ.), / r MOUNTS DONUT STRUCTURAL OTHERS. AJHOOBOB-A-J.dwq 0'1'2' 4' S' 12' 16' I11 /� UN ER BOX MOUNTED A--J UNDER ICE BRIDGE 'I■E, _`7/ TOWER ELEVATION 131 TYPICAL ENLARGED ELEVATION 2 7 August 28,2007 Consider a request to abandon a portion of Averill Street from Maime to the dead end of Averill Street ...... City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 28, 2007 AGENDA MEMO DATE: August 21, 2007 REQUESTED ACTION: Council consider a request to abandon a portion of Averill Street from Maime to the dead end of Averill Street. RECOMMENDATION The Administration recommends approval of a request to abandon a portion of Averill Street from Maime to the dead end of Averill Street. BACKGROUND In December, 2006, the Beaumont Housing Authority requested the abandonment of a number of streets and alleys located within the former Fair Park property. The purpose of these abandonments is to facilitate the development of housing by the Housing Authority. City Council approved the abandonments in January, 2007. It was recently discovered that an additional 60' x 500' portion of Averill Street needs to be abandoned. The purpose of this request is to abandon that portion of Averill Street which will allow the Housing Authority to develop its property as planned. At a Regular Meeting held August 20, 2007, the Planning Commission voted 9:0 to approve a request to abandon a portion of Averill Street from Maime to the dead end of Averill Street. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. iIB 4E GLASSHOUSE STREET Ito a o °_ Z= == for i OI 7 SCALE I" = 150' L LO-7 LOT 9 J GOLVOD HILL 2ND ADDITION ^F-� J l f J Iyop'k'6° l J l J V l J J l J IpG�n° 0 _.9 LUMER2 .C. 154 wp p � ^• IG.t- .or o for A wo LOT ID - ELOT 5 LOT II LOT 9 \,E 5 '. VI L4\AMG 9 N 3 : S Ey R.J.C. J GOLD HILL ADDITION oe or VOLUME 2. PAGE 82 0. M. F W ^ x A Y - M ytP •� Fq LOT wS REGENT STREET mm LOT 7 TRACTS 29 k 30 TRACI 24 mnn BEAUMONT HOUSING AUTHO ITY BEAUMONT HOUSING AUTHORITY I, LOT L 6p^ 0 0 0 ^ c p , \ v I I � r, LIT 5 a L0i 9 LOT 5 ` \l �0 --LOT n WT 18. .. I i FV LOT 5 LOT t LOT 1 I �� ti Iagci - ............. TRACT 25 TRACT 19 u J ' LOT LOT 12 KO Uy0 O1 2 Z I > TRACT 22 O O R y LOT I CITY PLAT D-1 e q MCFADDIN HEIGHTS ADDITION m TRACT 23 (UNRECORDED SUBDIVISION) Co <o CITY OF BEAUMONT as 0 W U C7 W K K tW.S TRACT 15 TRACT IOA' TRACT 18 TRACT 9 TRACT rz LEGEND TRACT I1 TRACT In - .. PROPOSED ABANDONMENT AREAS SITE OR AN BEAUMONT HOUSING AUTHORITY TRACTS 16,17 20.M 32 RIGHT—OF—WAY & ALLEYWAY a ABANDONMENT RA i 13 3ea9nont,lfz an7i7n5f31092 /ROwSr Oqp., I'z v:909.N6E.7075 R TECH LAND SURVEYORS, INC. v,._lorL.,h.. 8 August 28, 2007 Consider authorizing the City Manager to execute a contract for the Oaks Historic District Water Main Rehabilitation Project �7LJ-1J City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director .f(JSC MEETING DATE: August 28, 2007 AGENDA MEMO DATE: August 21, 2007 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Oaks Historic District Water Main Rehabilitation Project. RECOMMENDATION Administration recommends approval of a contract with Insituform Technologies, Inc., Houston, Texas through the Texas Association of School Boards (TASB)Buyboard cooperative purchasing program. The Texas Local Government Purchasing Cooperative Buyboard,administered by TASB, complies with all State bidding statutes. Membership with Buyboard allows municipalities to purchase items from their contracted vendors. The contract amount is for $349,620.00 to rehabilitate approximately 1,817 linear feet of 18-inch water mains. The amount includes the repair and rehabilitation of asphalt and reinforced concrete pavement, curbs, sidewalks and driveways, sodding as needed and traffic control. The project time is 150 calendar days. The MBE goal will be met through a subcontract with the certified MBE firm Briones Construction & Supply, Ltd. of San Antonio, Texas for$84,500.00. The amount represents 24.17 percent of the total bid. BACKGROUND The existing water main was installed in the 1940's and supplies Saint Elizabeth Hospital from the West Elevated Storage Tank. The line has had numerous breaks in the past few years. The rehabilitation of the line will provide a reliable water supply and improve water quality in the area. A previous design of directional drilling with High Density Polyethylene Pressure Pipe of the same Oaks Historic District Water Main Rehabilitation Project July 17, 2007 Page 2 line was competitively bid in April 2007. The lowest bid on the project was$581, 648.00. Based on the bid results, Water Utilities researched alternative methods to rehabilitate the water line and determined contracting through Buyboard would be the most economical approach. This Project is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Funds for the project are available in the Capital Program. CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE Q Date of Report B-10-07 Department Project No. Insituform Technologies, Inc. 349,620.00 Location Total Contract Amount $ Name of Prime Contractor/Proposer TYPE OF WORK(ELECTRICAL,PAVING,ETC.) PROJECTED NAME OF MINORITY AND CONTRACT ITEMS OR PARTS THEREOF COMMENCEMENT& AGREED CONTRACTOR ADDRESS TO BE PERFORMED COMPLETION DATE PRICE Hones Constructlon'-TIT9=roadway upp ier- ipe & FittingF- Sept. , , Supply, L San Antonlov ays 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 BBaumont. NOTE: 1. Any business listed above must have Schedule A on file with the City. / 2. Schedule C is to be included with bid,and resubmitted at 50%and 100%of project completion. l�(� Signature Business Development Manager Title dr.. �• r : rr". , .. r City of Beaumont 1w Water Utilities Department I August 2007 18" Water Line Replacement: Oaks Historic District or ;_ ,wl -J Mw r" �� . 4 X- r 4 P N� H s�lr k 4 1k At tA ow w a _ Goa rr -- rtt i ma 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 Insituform Technologies, Inc., Houston, Texas through the Texas Association of School Boards (TASB) Buyboard cooperative purchasing program in the amount of$349,620 for the Oaks Historic District Water Main Rehabilitation Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2007. - Mayor Becky Ames - 9 August 28, 2007 Consider approving Change Order No. 1 to the Main Street Roadway Reconstruction Project for installing a 3-inch conduit and fiber optic cable on Main, Forsythe, Park and College Streets to improve the facility data network system C!IE-1. City Council Agenda Item K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 28, 2007 AGENDA MEMO DATE: August 21, 2007 REQUESTED ACTION: Council consider a resolution authorizing the approval of Change Order No. 1 in the amount of$214,805 to Brystar Contracting. RECOMMENDATION Administration recommends approval of Change Order No. 1 in the amount of $214,805 for installing a 3-inch conduit and fiber optic cable on Main, Forsythe, Park and College Streets to improve the facility data network system. BACKGROUND On December 5, 2006, City Council awarded the Main Street (Calder to Blanchette) Brick Paved Sidewalk and Roadway Reconstruction Project, in the amount of $6,377,885.59, to Brystar Contracting. This change order includes the installation of a 3-inch conduit and fiber optic cable on Main Street from College to Forsythe, Forsythe from Main to Park, Park from Forsythe to College and College from Park to Main. High speed data circuits are required between Police Headquarters and the Municipal Court building to connect the Primary and Secondary Public Safety servers. Constant updates are sent between the Primary and Secondary systems so that in the event of a failure, the Secondary Server is up to date. The approximate cost to lease two(2) lines from AT&T to support this connection is approximately $5,800 per month. In order to eliminate this high monthly cost, the fiber optic loop would be installed connecting the two (2) buildings. Additionally, by running fiber in a loop through downtown, connections will also be made to City Hall, the Main Library, Julie Rogers Theater, Tyrrell Historical Library and the new Police Property Building (former Goodwill Building). This will allow the cancellation of existing AT&T T 1 lines that currently connect these buildings and will eliminate the need to order additional lines. This will reduce an additional $1,100 per month in AT&T costs while greatly increasing the speed of the connection to the City network. This work is recommended for inclusion in the Main Street Project since sections of Main, Forsythe and College are scheduled for replacement as part of the project. Also, a conduit run currently exists on College between Park and Pearl. BUDGETARY IMPACT The funds for this additional work are available in the Capital Program. EngMainStreetCO#Lwpd 08/21/2007 CITY OF BEAUMONT DATE: August 14,2007 PROJECT: Main Street(Calder to Blanchette)Brick Pavers OWNER: City of Beaumont CONTRACTOR: Brystar Contracting CHANGE ORDER NO. 1 T- FULL„ '7NG CW-QZ$llV T KT ANS..A ( A—V9CIFICATION$ARE VEBEWMAM. Install three(3)inch conduit and fiber cable on Main,Forsythe,Park and College Streets to serve various City buildings. ( TRACTTIME,NOTEFEEC ED.,BY;TH►S,CHANGE.ORDER: ORIGINAL CONTRACT AMOUNT: $6,377.885.59 NET FROM PREVIOUS CHANGE ORDER $6.377.885.59 TOTAL AMOUNT OF THIS CHANGE ORDER: $ 214,805.00 PERCENT OF THIS CHANGE ORDER: $ 3.37% TOTAL PERCENT CHANGE TO DATE: $ 3.37% NEW CONTRACT AMOUNT: $6.592.690.59 ACCEPTED BY: CONTRACTOR APPROVED BY: JORIS P.COLBERT,CITY ENGINEER TOM WARNER,DIRECTOR OF PUBLIC WORKS KYLE HAYES,CITY MANAGER ATTESTED BY: Am TINA BROUSSAA Y CLERK RESOLUTION NO. WHEREAS, on December 5, 2006,the City Council of the City of Beaumont,Texas, passed Resolution No. 06-365 awarding a contract in the amount of $6,377,885.59 to Brystar Contracting for the Main Street (Calder to Blanchette) Brick Pavers Project; and, WHEREAS, Change Order No. 1 in the amount of$214,805 thereby increasing the contract amount to $6,592,690.59 is required to install a three (3) inch conduit and fiber optic cable on Main, Forsythe, Park and College Streets to serve the Julie Rogers Theater, the Historical Library, Municipal Court, the new Police Property Building, the Downtown Public Library, the Police Station and City Hall: 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 $214,805 thereby increasing the contract amount to $6,592,690.59 is required to install a three (3) inch conduit and fiber optic cable on Main, Forsythe, Park and College Streets to serve the Julie Rogers Theater, the Historical Library, Municipal Court, the new Police Property Building, the Downtown Public Library, the Police Station and City Hall. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2007. - Mayor Becky Ames - 10 August 28, 2007 Consider approving a contract with Motorola to consolidate radio systems from the current Fire and Police dispatch centers into the 911 Operations Center City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: August 28, 2007 AGENDA MEMO DATE: August 24, 2007 REQUESTED ACTION: Council consider approving a contract with Motorola to consolidate radio systems from the current Fire and Police dispatch centers into the 911 Operations Center. RECOMMENDATION Administration recommends approval of a contract with Motorola to implement a consolidated radio dispatch system in the 911 Operations Center in the amount of$586,111.80. BACKGROUND This contract will provide for the implementation of a consolidated radio dispatch system in the 911 Operations Center with uninterrupted service to dispatch operations. In an effort to minimize cost, Motorola will reuse as much of the City's existing infrastructure as possible. All of the existing radio equipment will be moved to the new center with the exception of the antenna networks at the two current dispatch centers. The current Police Dispatch will be the backup location for the new center and to support that functionality two radio consolettes will be installed to provide VHF (Very High Frequency) and UHF (Ultra High Frequency) capabilities. Control stations to support 800 Mhz communications will be brought into the backup center as needed when it is activated. To support the new Emergency Operations Center(EOC)that will be housed at the 911 Operations Center, additional radio equipment will be installed to support 800 Nlhz, UHF and VHF radio communications. BUDGETARY IMPACT The City is applying for a Port Security Grant for this project. If awarded, a 25% match will be required by the City which amounts to $146,527.95. Funding is available in the Capital Program. 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 in the amount of$586,111.80 with Motorola to consolidate radio systems from the current Fire and Police dispatch centers into the 911 Operations Center. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2007. - Mayor Becky Ames - 11 August 28, 2007 Consider approving a contract for photographic traffic signal enforcement services City Council Agenda Item W c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Offic MEETING DATE: August 28, 2007 AGENDA MEMO DATE: August 20, 2007 REQUESTED ACTION: Council consider a contract for photographic traffic signal enforcement services. RECOMMENDATION Administration recommends approval of a five (5) year contract for photographic traffic signal enforcement services with American Traffic Solutions, Inc. of Scottsdale, Arizona through the Houston-Galveston Area Council(H-GAC).This contract is a cost neutral arrangement resulting in no expense to the City. BACKGROUND State statute allows municipalities to implement a civil penalty by ordinance for anyone who disobeys a red light and is caught by a photographic traffic signal enforcement system. The goal of these systems is to save lives and reduce collisions. State law allows the presumption that the registered owner of a vehicle is responsible for the penalty. A penalty of$75 will be charged per offense. There is also a$25 penalty for late payment. Cameras are triggered by sensors which are activated when a vehicle enters the intersection after the light turns red. The cameras take digital photos of the vehicle and the license plate. The system is designed to operate 24 hours a day in all weather conditions.Intersections with red light cameras will be clearly marked. The system is operated by a contracted vendor who installs and maintains the camera equipment.The company evaluates each photographed incident for accuracy, identifies the registered owner of the vehicle photographed, and presents the information to the Police Department for review. After the Department approves a file, a citation is then sent by the vendor to the registered owner. The violation notice includes a picture of the license plate.The vendor maintains a secure website for the violator to review the images and to pay the fine. Contract for photographic traffic signal enforcement services August 20, 2007 Page 2 Fees are collected from violators by the vendor through both secure online payments and a mail-in check service. Each month, the fees collected from the violators in excess of the monthly fees charged by the contracted vendor are transmitted to the City. Should fees owed to the vendor ever exceed those collected from violators, the City pays no more than the fees collected during that month.The difference would be paid in future months when collections exceed monthly fees owed. Any operating expenses the City incurs related to this program can be paid for by the fees collected from the violators. These expenses can include electricity to run the cameras, labor to review and approve citations,or costs associated with an administrative adjudication and appeal process which is expected to be established through the Traffic Division. This process results in a cost neutral arrangement whereby the City has no cash outlay. In accordance with State statue, excess fees received by the City beyond the costs associated with this program are divided equally with the State. The State deposits these funds into regional trauma center accounts. The portion retained by the City may be used only to fund traffic safety programs, including pedestrian safety programs,public safetyprograms,intersection improvements,and traffic enforcement. The Police Department Traffic Division reviewed a variety of companies offering photographic traffic signal enforcement services. Information was gathered pertaining to issues such as the type of equipment utilized,picture resolution,as well as installation and maintenance arrangements.The Traffic Division presented their findings to an evaluation committee consisting of staff members from the Police, Public Works, Legal, and Finance Departments. The evaluation committee invited three (3) leading providers to make a presentation about the products and services they offer. These companies each have contracts with H-GAC, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing and to participate in competitively bid service contracts. H-GAC complies with all State of Texas procurement statutes. Redflex Traffic Systems, Inc. and American Traffic Solutions, Inc. (ATS), both headquartered in Scottsdale, Arizona participated in the presentation. The equipment was evaluated on issues such as their suitability to the local traffic environment which includes a substantial number of large trucks. ATS operates equipment from a higher pole position which aids visibility in this environment.While the services offered by each company were similar,ATS currentlyhas a stronger presence in the southeast Texas area,including the City of Houston,which allows them to keep more personnel and equipment in the area for a potentially faster response in the event of a malfunction. The price comparison between the companies is as follows: Contract for photographic traffic signal enforcement services August 20, 2007 Page 3 VENDOR MONTHLY FEE PER INTERSECTION APPROACH American Traffic Solutions, Inc. $4,821.25 Redflex Traffic Systems, Inc. $4,870.00 The term of the contract is five (5) years with an option to renew for a second five (5) year term. Beginning on the second anniversary of the initial term, the monthly fee per intersection approach shall increase by the percentage increase in the Consumer Price Index as published by the U.S. Department of Labor. Initially,the City expects to install cameras at approximately ten(10)intersection approaches.Most intersections have four(4) traffic approaches while some intersections that include frontage roads along freeways may have as many as six (6) traffic approaches. The City will determine the most advantageous intersections in which to install cameras to enhance safety based on information such as previous accident statistics. Installation will begin in approximately 60 to 90 days. BUDGETARY IMPACT This contract is a cost neutral arrangement resulting in no expense to the City. 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 five (5) year contract, with an option to renew for a second five (5) year term, for appoximately ten (10) photographic traffic signal enforcement services with American Traffic Solutions, Inc. of Scottsdale, Arizona through the Houston-Galveston Area Council (H-GAC). The monthly fee per intersection approach is $4,821.25 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2007. - Mayor Becky Ames -