HomeMy WebLinkAboutPACKET FEB 24 2009 RICH WITH OPPORTUNITY
BEA,UMON*
T • E • % • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 24,2009 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Joey Hilliard would be reappointed to the Board of Adjustment (Zoning). The current term
would expire February 17, 2011. (Mayor Becky Ames)
Raymond Ambres would be reappointed to the Community Development Advisory Committee.
The current term would expire December 18, 2010. (Mayor Becky Ames)
Sina Nejad would be reappointed to the Construction Board of Appeals(Building). The current
term would expire January 24, 2011. (Mayor Becky Ames)
Frank Messina would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire February 15, 2011. (Mayor Becky Ames)
Ann Rothkamm would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire February 10, 2011. (Mayor Becky Ames)
Bonnie Cokinos would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire February 10, 2011. (Mayor Becky Ames)
A) Authorize the City Manager to execute Amendment No. 1 to the contract for Disaster
Debris Removal Services
B) Authorize the City Manager to renew the loan agreement with the National Museum of
the United States Air Force
C) Accept maintenance of the street, storm sewer, water and sanitary sewer improvements on
Spring Wood Section I, Subdivision
A
11j7!J-2-t City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: February 24, 2009
REQUESTED ACTION: City Council authorize the City Manger to execute
Amendment No.l to the contract for Disaster Debris Removal
Services.
RECOMMENDATION
Administration recommends City Council authorize the City Manger to execute Amendment No.l
to the contract for Disaster Debris Removal Services regarding the removal and disposal of white
goods and electronic waste.
BACKGROUND
The current contract, with Crowder Gulf allows for the removal of eligible white goods under
Section 3.13. The pricing for white goods was inadvertently transcribed on the bid sheet as removal
of vehicles. Per Section 3.13 of the contract, the bid sheet needs to be amended to reflect the
reasonable pricing for the removal and disposal of white goods.
The current contract does not reference the removal of electronic waste(e-waste).The contractor has
collected, hauled and is storing the a-waste at the Temporary Debris Storage and Reduction Site.
The pricing for the collection and removal of white goods and a-waste is included in Attachment 1
of Amendment 1.
BUDGETARY IMPACT
The removal of hurricane debris is currently reimbursed by FEMA at one hundred(100)percent. If
FEMA determines that the removal of the above items is not a reimbursable expense,the cost to the
City will be approximately$10,000.00.
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 Amendment No. 1,
regarding the removal and disposal of white goods and electronic waste, to the contract
with Crowder Gulf for Disaster Debris Services. The amendment 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 24th day of
February, 2009.
- Mayor Becky Ames -
CITY OF BEAUMONT
AMENDMENT #1
RFP#: BF0706-67
Title: Pre-Positioned Contract for Disaster Debris Removal Services
Issue Date: January 16, 2008
TO VENDOR: This amendment, including all attachments, becomes an integral part of
the contract created by RFP and under consideration by you as an awarded Vendor in
connection with the subject matter herein identified. The City of Beaumont ("City")
recognizes all bids to have been proffered in recognition and consideration of the entire
contract — including all Amendments. For purposes of clarification, receipt of this
present Amendment by a Vendor should be evidenced by returning it (signed) as
part of the Vendor's current contract.
Reason for Issuance of this Amendment:
In response to Hurricane Ilse, City activated its contract with Crowder Gulf in order to
remove storm generated debris posing a threat to the public health and safety of the
residence of the City.
As such, Crowder Gulf's contract with the City allows for removal of eligible White
Goods under section 3.13 of the executed contract. Pricing for White Goods was
inadvertently transcribed on the pricing sheet as "removal of vehicles." Per section 3.13
of the City's contract, the pricing sheet should be amended to reflect reasonable pricing
for removal of white goods. The pricing from the contractor for such removal is reflected
on Attachment A; line item 1 of this document. The contract between the City and
Crowder Gulf does not reference the removal of Electronic Waste ("B-Waste") from the
City Right-of-Way ("ROW"). E-Waste was picked up and hauled to the Temporary
Debris Storage and Reduction Site ("TDSRS") for the City. E-Waste pricing is included
on the Attachment A; line item 2.
EXHIBIT "A"
ATTACHMENT A
Line
Item Description UOM Unit
1A Pick up of White Goods and transportation to the City's Recycling Price Center Each Price
1B Pick up of White Goods and transportation to a City Recognized recycling vendor, located within Jefferson County Each $50.00
1C Pick u and transportation of White Goods to the TDSRS for the Cit 's pick u and final disposal Each $40.00
2 Pick up of a oods and transportation to the Final Disposal Each $35.00
B
RICH WITH OPPORTUNITY
IIEA,[11�ICIIIT
(
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: February 24, 2009
REQUESTED ACTION: Council consider authorizing the City Manager to renew the
loan agreement with the National Museum of the United
States Air Force.
RECOMMENDATION
Administration recommends approval of this action.
BACKGROUND
In 1992, the United States Air Force loaned the City a jet to be used only for display purposes.
The jet is located at Babe D. Zaharias Park. Department of Defense regulations require the Air
Force to check each year on the status of the jet to be sure that it is being used as intended.
The National Museum of the United States Air Force, which is now charged with the
responsibility of verifying the status of the jet, is requesting that the loan agreement be renewed
in accordance with the original terms of the loan and federal regulations.
The jet is an attractive addition to the park and staff wishes to keep it there on display.
BUDGETARY IMPACT
The required costs associated with keeping the jet are minimal. The staff will investigate the cost
of repainting and minor repairs in the future.
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 renew the loan agreement with
the National Museum of the United States Air Force regarding the loan of the jet displayed
at the Babe D. Zaharias Park.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
February, 2009.
- Mayor Becky Ames -
c
RICH WITH OPPORTUNITY
IIEA,UI�1011*
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: February 24, 2009
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm sewer, water and sanitary sewer improvements
on Spring Wood Section I, Subdivision.
RECOMMENDATION
The administration recommends approval of the following:
• Spring View Road approximately 531 feet north of existing RFD Road.
• Reese Road approximately 611 feet to and including the cul-de-sacs east and west
of Spring View.
• Chase Road approximately 825 feet to and including the cul-de-sacs east and west
of Spring View.
• Alexis Road approximately 173 feet north of Chase Road to dead end road
markers.
Also, recommended for approval are the water and sanitary sewer improvements for Spring
View, Reese, Chase and Alexis Roads right-of-way only.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection from all entities
involved on November 13, 2008.
BUDGETARY IMPACT
None.
RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, water and sanitary sewer
improvements constructed in Spring Wood, Section I Subdivision have been completed as
follows:
Street. Storm Sewer
• Spring View Road approximately 531 feet north of existing RFD Road.
• Reese Road approximately 611 feet to and including the cul-de-sacs east
and west of Spring View.
• Chase Road approximately 825 feet to and including the cul-de-sacs east
and west of Spring View.
• Alexis Road approximately 173 feet north of Chase Road to dead end road
markers.
Water and Sanitary Sewer Improvements
• Spring View, Reese, Chase and Alexis Roads rights-of-way only.
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 has
determined 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 Spring Wood, Section I Subdivision, 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 preliminary and final plats and installation of the
streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
February, 2009.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • R • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 24, 2009 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda item 5-9/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a request for a zone change from GC-MD (General
Commercial-Multiple Family Dwelling)District, LI (Light Industrial)District and
HI (Heavy Industrial)District to CBD (Central Business District) and from LI
(Light Industrial)District to RCR(Residential Conservation and Revitalization)
District for the property located at 1076-1460 Calder, 1045-1475 Broadway,
1054-1428 Liberty, 1065-1438 Laurel, 1168-1358 South, 798-1060 Bonham, 500-
1000 Blocks of Crockett, 500 - 1000 Blocks of Fannin, 500 - 1000 Blocks of
Bowie, 1000 Block of Forsythe, 967-978 Wall, 702-995 College, 100-500 Blocks
of Forrest, 105-500 Blocks of Center, 100-500 Blocks of Ewing, 100-500 Blocks
of Oakland, 100 - 500 Blocks of M. L. King Parkway, 700-900 Blocks of Holmes,
300-600 Blocks& 800-900 Blocks of Archie, 300-600 Blocks and 800-900
Blocks of Jefferson, 500 - 600 Blocks& 800-900 Blocks of Trinity, 200-300
Blocks& 500 Block of Neches, 200-400 Blocks of Elizabeth, 300-400 Blocks of
Pine, 200-300 Blocks of Tevis, 400 Block of Walnut, 100-400 Blocks of Cypress,
700-800 Blocks of Main
2. Consider approving a request for amendments to Chapter 30, City of Beaumont
Zoning Ordinance, to regulate allowable building types within the City of
Beaumont
3. Consider approving a request for a zone change from RS (Residential Single
Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family
Dwelling-2)District at 5050 Eastex Freeway
4. Consider approving a request for an amended specific use permit to allow a
drinking place in the CBD (Central Business District) at 493 Pearl Street
5. Consider authorizing the City Manager to execute a contract for the Wastewater
Treatment Plant Emergency Generators Project
6. Consider authorizing the acquisition of additional fare box equipment for the new
transit buses
7. Consider approving the purchase of tractors and mowers
8. Consider approving Change Order No. 4 to the contract for the Rogers Park
Project
9. Consider authorizing the City Manager to execute an Industrial District Contract
with TE Products Pipeline Company, LLC
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Tina Lewallen vs. the City of Beaumont
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 24,2009
Consider approving a request for a zone change from GC-MD (General Commercial-Multiple
Family Dwelling)District, LI (Light Industrial)District and HI (Heavy Industrial)District to CBD
(Central Business District) and from LI (Light Industrial)District to RCR(Residential
Conservation and Revitalization)District for the property located at 1076-1460 Calder, 1045-
1475 Broadway, 1054-1428 Liberty, 1065-1438 Laurel, 1168-1358 South, 798-1060 Bonham,
500-1000 Blocks of Crockett, 500 - 1000 Blocks of Fannin, 500 - 1000 Blocks of Bowie, 1000
Block of Forsythe, 967-978 Wall, 702-995 College, 100-500 Blocks of Forrest, 105-500 Blocks
of Center, 100-500 Blocks of Ewing, 100-500 Blocks of Oakland, 100 - 500 Blocks of M. L.
King Parkway, 700-900 Blocks of Holmes, 300-600 Blocks& 800-900 Blocks of Archie, 300-
600 Blocks and 800-900 Blocks of Jefferson, 500 - 600 Blocks& 800-900 Blocks of Trinity,
200-300 Blocks& 500 Block of Neches, 200-400 Blocks of Elizabeth, 300-400 Blocks of Pine,
200-300 Blocks of Tevis, 400 Block of Walnut, 100-400 Blocks of Cypress, 700-800 Blocks of
Main
RICH WITH OPPORTUNITY
BEA,UMO
T - E • x - A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: February 24, 2009
REQUESTED ACTION: Council consider a request for a zone change from GC-MD
(General Commercial-Multiple Family Dwelling)District, LI
(Light Industrial)District and HI(Heavy Industrial)District
to CBD(Central Business District)and from LI(Light
Industrial)District to RCR(Residential Conservation and
Revitalization)District for the property located at 1076-
1460 Calder, 1045-1475 Broadway, 1054-1428 Liberty,
1065-1438 Laurel, 1168-1358 South, 798-1060 Bonham,
500-1000 Blocks of Crockett, 500 - 1000 Blocks of
Fannin, 500 - 1000 Blocks of Bowie, 1000 Block of
Forsythe, 967-978 Wall, 702-995 College, 100-500 Blocks
of Forrest, 105-500 Blocks of Center, 100-500 Blocks of
Ewing, 100-500 Blocks of Oakland, 100 - 500 Blocks of M.
L. King Parkway, 700-900 Blocks of Holmes, 300-600 - F
Blocks& 800-900 Blocks of Archie, 300-600 Blocks and
800-900 Blocks of Jefferson, 500- 600 Blocks& 800-900
Blocks of Trinity, 200-300 Blocks& 500 Block of Neches,
200-400 Blocks of Elizabet h, 300-400 Blocks of Pine 200-
300 Blocks of Tevis, 400 Block of Walnut, 100400 Blocks
of Cypress, 700-800 Blocks of Main.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
Due to ongoing private and public investment, Downtown Beaumont is continuing its
revitalization. This revitalization comes after years of disinvestment caused by development
patterns shifting toward the suburbs. As existing buildings like the Kyle Building, Century Tower
and Crockett Street have been restored, new buildings like Cathedral Square have been
constructed. As the City continues to reinvest in Downtown, the need to protect current and
future investments has increased. One important way to help protect current investments and to
attract new interest is to provide enhanced control of land use.
More than$100 million in private and public money has been invested in Downtown Beaumont
over the past 15 years. Also, the City is in the process of building its new Downtown Event
Center and Park. In order to protect these investments and provide a level of security of
investment for future developers, enhanced land use controls are needed.
Currently, large parts of Downtown Beaumont are zoned for heavy and light industrial uses.
These zoning categories permit such uses as mobile home dealerships, paper and steel mills and
chemical plants, some without any requirement for approval by the Planning Commission and City
Council. While these uses are certainly needed in our community, locating them in our
revitalizing downtown may not be for the best.
To this end, Planning staff recommends expanding the CBD zoning as illustrated on the attached
map. In addition, there is one lot in Block 11, Beaumont Addition, that is owned by the Catholic
Diocese of Beaumont. The entire block is the site of a new chancery being built by the church.
Lot 5 is zoned LI while the rest of the lot is zoned RCR.
At a Joint Public Hearing held February 16, 2009, the Planning Commission recommended
approval 8:0 of a zone change from GC-MD (General Commercial-Multiple Family Dwelling)
District, LI (Light Industrial)District and HI (Heavy Industrial)District to CBD (Central
Business District) and from LI(Light Industrial)District to RCR(Residential Conservation and
Revitalization)District, subject to waiving the application cost for specific use permits over the
next two years for the current property owners within the boundaries of the subject property.
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 FROM GC-MD (GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING) DISTRICT, LI (LIGHT
INDUSTRIAL) DISTRICT AND HI (HEAVY INDUSTRIAL)
DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT AND
FROM LI (LIGHT INDUSTRIAL) DISTRICT TO RCR
(RESIDENTIAL CONSERVATION AND REVITALIZATION)
DISTRICT FOR THE PROPERTY LOCATED AT 1076 - 1460
CALDER; 1045 - 1475 BROADWAY; 1054 - 1428 LIBERTY;
1065 - 1438 LAUREL; 1168 - 1358 SOUTH; 798 - 1060
BONHAM; 500 - 1000 BLOCKS OF CROCKETT; 500 - 1000
BLOCKS OF FANNIN; 500- 1000 BLOCKS OF BOWIE; 1000
BLOCK OF FORSYTHE; 967 - 978 WALL; 702 - 995
COLLEGE; 100 - 500 BLOCKS OF FORREST; 100 - 500
BLOCKS OF CENTER; 100- 500 BLOCKS OF EWING; 100 -
500 BLOCKS OF OAKLAND; 100 - 500 BLOCKS OF M. L.
KING; 700 - 900 BLOCKS OF HOLMES; 300 - 600 & 800 -
900 BLOCKS OF ARCHIE; 300 - 600 & 800 - 900 BLOCKS
OF JEFFERSON; 500 - 600 & 800 - 900 BLOCKS OF
TRINITY; 200 - 300 & 500 BLOCKS OF NECHES; 200 - 400
BLOCKS OF ELIZABETH; 300-400 BLOCKS OF PINE; 200-
300 BLOCKS OF TEVIS; 400 BLOCK WALNUT; 100 - 400
BLOCKS OF CYPRESS; 700 - 800 BLOCKS OF MAIN,
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 GC-MD(General Commercial-Multiple Family Dwelling)
District, LI (Light Industrial) District and HI (Heavy Industrial) District to CBD (Central
Business District) and from LI (Light Industrial) District to RCR (Residential Conservation
and Revitalization) District for the property located at 1076 - 1460 Calder; 1045 - 1475
Broadway; 1054 - 1428 Liberty; 1065 - 1438 Laurel; 1168 - 1358 South; 798 - 1060
Bonham; 500 - 1000 Blocks of Crockett; 500 - 1000 Blocks of Fannin; 500 - 1000 Blocks
of Bowie; 1000 Block of Forsythe; 967 - 978 Wall; 702 - 995 College; 100 - 500 Blocks of
Forrest; 100 - 500 Blocks of Center; 100 - 500 Blocks of Ewing; 100 - 500 Blocks of
Oakland; 100 - 500 Blocks of M. L. King; 700 - 900 Blocks of Holmes; 300 - 600 & 800 -
900 Blocks of Archie; 300 - 600 & 800 - 900 Blocks of Jefferson; 500 - 600 & 800 - 900
Blocks of Trinity; 200 - 300 & 500 Blocks of Neches; 200 -400 Blocks of Elizabeth; 300 -
400 Blocks of Pine; 200 - 300 Blocks of Tevis; 400 Block Walnut; 100 - 400 Blocks of
Cypress; 700 - 800 Blocks of Main, said property more specifically described below and
shown on Exhibit "A" attached hereto, subject to waiving the application cost for specific
use permits over the next two (2) years for the current property owners within the
boundaries of the subject property:
GC-MD, LI AND HI TO CBD - Being Lots 9-16, Block 3; Lots 9-12, Block 4;
Lots 5-12, Block 6; Blocks 7-10; Blocks 13-16; Lots 5-12, Block 17; Lots 5-
12, Block 22, Blocks 23-26; Blocks 30-34; Lots 7-12, Block 37; Lots 7-12,
Block 38; Lots 7-12, Block 39, Calder Addition; Tracts 43, 45, 45A, 46-49
and Part of Tract 47, Plat E; Lots 554-558, Block 4; Lots 564-568, Block 5;
Lots 574-578,Block 6; Lots 580-586, Block 7; Blocks 19-21; Blocks 26-27;
Blocks 30, 59,64; Lots 499-503, Block 65; Blocks 67-68, Beaumont Addition;
Block 4; Lots 1-7, Block 9; Blocks 12-13; Lots 7-12, Block 14; Lots 7-12,
Block 15; Lots 7-10, Block 16; Blocks 19-27; Blocks 29-32; Block 6813;Tracts
B &C,Van Wormer Addition; Blocks 1-9, McMillan Addition and Plat B,Tract
24, City of Beaumont, Jefferson County, Texas, containing 159.98 acres,
more or less.
LI TO RCR - Being Lot 5, Block 11, Beaumont Addition, City of Beaumont,
Jefferson County, Texas, containing 0.14 acres, more or less.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause 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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
February, 2009.
- Mayor Becky Ames -
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2
February 24,2009
Consider approving a request for amendments to Chapter 30, City of Beaumont Zoning
Ordinance, to regulate allowable building types within the City of Beaumont
RICH WITH OPPORTUNITY
C , (
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: February 24, 2009
ZEQUESTED AC IrON: Council consider a request for amendn mts to Chapter 30,
City of Beaumont Zoning Ordinance, ~o regulate allowable
building types within the City of Beaumont.
RECOMMENDATION
The Administration recommends approval of the following amendments to Chapter 30, City of
Beaumont Zoning Ordinance:
Sec. 30-35.1. Allowable Building Types
1. No accessory building shall be permitted in the absence of a main
building.
2. All main buildings shall be located on a permanent foundation, as defined
by the Chief Building Official of the City of Beaumont.
BACKGROUND
These amendments to the Zoning Ordinance are in response to issues that continue to arise.
Property owners are often trying to construct an accessory building on a lot when there is no
main building. The property owner has no intention of ever constructing a main building on the
property. In residential areas, property owners then often try to use these accessory buildings for
storage or businesses, much to the chagrin of the neighbors.
The City has also encountered buildings (especially commercial)being brought in and installed
on properties without a permanent foundation, as discussed during the January workshop. Not
only is this a safety issue,but an aesthetic one as well. This amendment would require a
permanent foundation, as defined by the Chief Building Official, for all main or primary
buildings. Accessory buildings would not be subject to this requirement.
At a Joint Public Hearing held February 16, 2009, the Planning Commission recommended
approval 8:0 of the following amendments to Chapter 30, City of Beaumont Zoning Ordinance:
Sec. 30-35.1. Allowable Building Types
1. No accessory building shall be permitted in the absence of a main
building.
2. All main buildings shall be located on a permanent foundation, as defined
by the Chief Building Official of the City of Beaumont.
BUDGETARY IMPACT
None.
ORDINANCE NO. 08-106
ENTITLED AN ORDINANCE AMENDING CHAPTER 30,
ARTICLE IV, OF THE CODE OF ORDINANCES OF THE CITY
OF BEAUMONT BYADDING SECTION 30-35.1 TO PROVIDE
FOR REGULATION OF ALLOWABLE BUILDING TYPES
WITHIN THE CITY OF BEAUMONT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30, Article IV, be and the same is hereby amended by adding Section
30-35.1 to read as follows:
Sec. 30-35.1. Allowable building types.
1. No accessory building shall be permitted in the absence of a main
building.
2. All main buildings shall be located on a permanent foundation, as
defined by the Chief Building Official of the City of Beaumont.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions\of this ordinance are
declared to be severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
February, 2009
- Mayor Becky Ames -
3
February 24,2009
Consider approving a request for a zone change from RS (Residential Single Family Dwelling)
District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 5050 Eastex
Freeway
RICH WITH OPPORTUNITY
r . �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
C)1�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: February 24, 2009
REQUESTED ACTION: Council consider a request for a zone change from RS
(Residential Single Family Dwelling) District to GC-MD-2
(General Commercial-Multiple Family Dwelling-2)District
at 5050 Eastex Freeway.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
Kerry Moncla, representing Northwood Christian Church,has applied for a zone change.
Northwood Christian Church owns approximately 6.4 acres at its current location. Of that, it
would like to sell 3 acres and keep the remaining 3.4 acres for its current church operations. The
church feels that the property, under its current zoning classification, would not be developable.
Due to the property's freeway location, single family residential is not the highest and best use of
the property.
The City's Comprehensive Plan designates the subject property as an Activity Corridor. As such,
highway commercial, wholesale distributing and warehousing operations, restricted light
industry, business offices, hotels and higher density residential development is recommended for
such areas.
GC-MD-2 zoning would require that any use that is proposed for the subject property would
requir"that a specific use permit be approved by City Counci:.
At a Joint Public Hearing held February 16, 2009, the Planning Commission recommended
approval 8:0 of a zone change from RS (Residential Single Family Dwelling)District to GC-
MD-2 (General Commercial-Multiple Family Dwelling-2) District at 5050 Eastex Freeway.
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 RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-
2) DISTRICT FOR PROPERTY LOCATED AT 5050 EASTEX
FREEWAY, 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 RS (Residential Single Family Dwelling) District to GC-
MD-2(General Commercial-Multiple Family Dwelling-2)District for property located at 5050
Eastex Freeway, being Tracts 13, 95, 100 and 101, Plat D22, F. Bigner Survey, City of
Beaumont, Jefferson County, Texas, containing 6.4 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,
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
February, 2009.
- Mayor Becky Ames -
Viffle 1975-Z: Request for a zone change from RS (Residential Single Family Dwelling)to
-MD-2(General Commercial-Multiple Family Dwelling-2) District.
Location: 5050 Eastex Freeway
Applicant: Kerry Moncla
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4
February 24,2009
Consider approving a request for an amended specific use permit to allow a drinking place in the
CBD (Central Business District) at 493 Pearl Street
RICH WITH OPPORTUNITY
11E Al �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Gs�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: February 24, 2009
REQUESTED ACTION: Council consider a request for an amended specific use
permit to allow a drinking place in the CBD (Central
Business District) at 493 Pearl Street.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
Joey and Tanya Crawford are applying for the amended specific use permit.
In October, 2007, Joey and Tanya Crawford received a specific use permit to allow a coffee
house in an existing building in the CBD (Central Business) District. The property is located at
493 Pearl Street.
The building has been the location of the Barking Dog Coffee Lounge for the last 11 months.
The Crawfords state that the coffee shop currently sells coffee, tea drinks,juices, sodas, pastries
and lunch sandwiches. The coffee shop also provides a location for wireless internet access and
is available for meetings, art shows for local artists and live music.
The Crawfords would now like to add the sale of beer and wine to the menu. The planned
operating schedule is Monday- Thursday, 8:00 a.m. to 6:00 p.m, Friday, 8:00 a.m. to 11:00 p.m.
and Saturday, 2:00 p.m. to 11:00 p.m. The coffee shop will have one full-time employee and
five part-time employees.
At a Joint Public Hearing held February 16, 2009, the Planning Commission recommended
approval 8:0 of an amended specific use permit to allow a drinking place in the CBD (Central
Business District) at 493 Pearl Street.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC
USE PERMIT TO JOEY AND TANYA CRAWFORD TO ALLOW A
DRINKING PLACE IN THE CBD (CENTRAL BUSINESS DISTRICT)
AT 493 PEARL STREET.
WHEREAS, on October 23, 2007, City Council approved Ordinance 07-108 issuing
a specific use permit to Joey and Tanya Crawford to allow a coffee house in a CBD
(Central Business District) located at 493 Pearl Street, Beaumont, Jefferson County,
Texas; and,
WHEREAS, the applicants, Joey and Tanya Crawford, wish to amend the specific
use permit to allow a drinking place at 493 Pearl Street, being the south parts of Lots 88
and 89, Block 15, Beaumont Addition, City of Beaumont, Jefferson County, Texas,
containing 0.032 acres, more or less, as shown on Exhibit "A" attached hereto and made
a part hereof for all purposes; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request to amend the specific use permit to allow a drinking place in the
CBD (Central Business District) for property located at 493 Pearl Street; and,
WHEREAS, the City Council is of the opinion that the amendment 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 Ordinance 07-108 be amended by amending the specific use permit granted to Joey
and Tanya Crawford, their legal representatives, successors, and assigns for that certain
tract shown on Exhibit "A" attached hereto and made a part hereof for all purposes, to
allow a drinking place for property located at 493 Pearl Street.
Section 2.
Notwithstanding the site plan attached hereto as Exhibit"B", the use of the property
herein above described shall be in all other respects, subject to all of the applicable
regulations contained in Ordinance 07-108 and the regulations contained in Chapter 30 of
the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply
with any and all federal, state and local statutes, regulations or ordinances which may
apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
February, 2009.
- Mayor Becky Ames -
it 1 -P: Request for a specific use permit to allow a drinking place in the CBD(Central
Business District).
Location: 493 Pearl Street
Applicant: Joey Crawford
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February 24, 2009
Consider authorizing the City Manager to execute a contract for the Wastewater Treatment Plant
Emergency Generators Project
I
RICH WITH OPPORTUNITY
1
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director
MEETING DATE: February 24, 2009
REQUESTED ACTION: Council approval of a resolution authorizing the City
Manager to execute a contract for the Wastewater
Treatment Plant Emergency Generators Project.
RECOMMENDATION
Administration recommends approval of a contract with C.F. McDonald Electric, Inc., Houston,
Texas, in the amount of$1,970,679.00. The Wastewater Treatment Plant Emergency Generators
Project will furnish and install a 1.5 megawatt and a 1.0 megawatt generators manufactured by
Stewart and Stevenson for the Wastewater Treatment Plant. Additionally, the contractor will
furnish and install two 750 watt portable generators for the Cattail Marsh Wetlands.
The MBE participation will be with Energy Electric Co. of Houston, Texas for $651,244.00,
which represents 33.05 percent of the total bid.
BACKGROUND
The existing Wastewater Treatment Plant is located on Lafin Road. The generators will provide
the secondary power required to process sanitary sewer in case of power outages at the treatment
facility and hence provide customers with uninterrupted and adequate service while protecting
public health and safety. Additionally, this project will provide auxiliary power that may become a
requirement in upcoming legislation.
This Contract 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
WWTP Emergency Generators
CITY OF BEAUMONT
SCHEDULE OF MBE PARTICIPATION
C. F. McDonald Electric, Inc.
NAME
CERTIFIED MBE ADDRESS TYPE OF WORK AGREED PRICE
CONTRACTOR
Energy Electric Co. P.O. Box 690442 Material Supplier
ID #1760082585900/07880 Houston, TX 77269 $ 651,244.00
The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule
conditioned upon execution of a contract with the City of Beaumont.
NOTE: 1 . This schedule should be submitted with your bid.
4t6____ Vice President
SIGNATURE Harry Keller TITLE
170-10449-001 41
BID TABULATION
WASTEWATER TREATMENT PLANT EMERGENCY GENERATORS
BID OPENING DATE:Thursday January 22,2009 @ 2:00 PM
The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received.
By: —!/ �•� ��
Patrick Donart,PE,Water Utilities Engineer Date:2/17/09
Gulf Coast Electric Co.,Inc. C.F.McDonald Electric,Inc. M&I Electric Industries,Inc. Allco,LTD
ITEM
NUMBER QUANTITY DESCRIPTION BEAUMONT,TX HOUSTON,TX BEAUMONT,TX BEAUMONT,TX
Harry Keller Arthur Dauber T.W.Harrison
UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
1 1 MOBILIZATION $ 19,000.00 $ 19,000.00 $ 20,000.00 $ 20,000.00 $ 75,671.00 $ 75,671.00 $ 20,000.00 $ 20,000.00
2 1 Alternate"A" $ 651,290.00 $ 651,290.00 $ 675,679.00 $ 675,679.00 $ 2,448,708.00 $ 655,608.00 $ 754,100.00 $ 754,100.00
3 1 Alternate"B" $ 2,188,290.00 $ 2,188,290.00 $ 1,950,679.00 $ 1,950,679.00 $ 2,446,708.00 $ 2,446,708.00 $ 2,208,100.00 $ 2,208,100.00
3A 1 Contractor cost to furnish Generator 1. $ 566,000.00 $ 566,000.00 $ 500,000.00 $ 500,000.00 $ 706,000.00 $ 706,000.00 $ 587,000.00 $ 587,000.00
Manfacturer of Generator 1, Kohler Stewart&Stevenson Stewart&Stevenson Cummings
3B 1 Contractor cost to furnish Generator 2. $ 338,000.00 I$ 338,000.00 $ 265,000.00 I$ 265,000.00 $ 355,500.00 I$ 355,500.00 $ 332,000.00 I$ 332,000.00
Manfacturer of Generator 2. Kohler Stewart&Stevenson not listed Cummings
3C 2 Contractor cost to furnish Generators 3 and 4. $ 316,500.00 I$ 633,000.00 $ 255,000.00 I$ 510,000.00 $ 364,800.00'$ 729,600.00 $ 276,500.00 I$ 553,000.00
Manfacturer of Generators 3 and 4. Kohler Stewart&Stevenson Stewart&Stevenson Cummings
MOBILIZATION plus Alternate"A" $ 670,290.00 $ 695,679.00 $ 731,279.00 $ 774,100.00
MOBILIZATION plus Alternate"B" $ 2,207,290.00 $ 1,970,679.00 $ 2,522,379.00 $ 2,228,100.00
Alternate"B"minus Generator 1. $ 1,622,290.00 $ 1,450,679.00 $ 1,740,708.00 $ 1,621,100.00
Alternate"B"minus Generator 2. $ 1,850,290.00 $ 1,685,679.00 $ 2,091,208.00 $ 1,876,100.00
Alternate"B"minus Generators 3&4. $ 1,555,290.00 $ 1,440,679.00 $ 1,717,108.00 $ 1,655,100.00
Alternate"B"minus Generators 1&2. $ 1,284,290.00 $ 1,185,679.00 $ 1,385,208.00 $ 1,289,100.00
Alternate"B"minus Generators 1,3&4. $ 989,290.00 $ 940,679.00 $ 1,011,108.00 $ 1,068,100.00
Alternate"B"minus Generators 2,3&4. $ 1,217,290.00 $ 1,175,679.00 $ 1,361,608.00 $ 1,323,100.00
Alternate'B"minus all Generators. $ 651,290.00 $ 675,679.00 $ 655,608.00 $ 736,100.00
TOTAL $2,207,290.00 $1,970,679.00 $2,522,379.00 $2,228,100.00
Acknowledge Addenda 1,2,&3 Yes Yes Yes Yes
Bid Bond Yes Yes Yes Yes
Corporate Resolution Yes Yes Yes Yes
Information Required of Bidder Yes Yes Yes Yes
Schedule C(MBE Participation) Yes Yes Yes Yes
Notes:Items in italics are adjusted amounts for clarity,adjustments do not affect apparent low bidder.Items in bold are the lowest amounts for the category.
Page 1 of 1
RESOLUTION NO. 09-050
WHEREAS, bids were solicited for a contract for the Wastewater Treatment Plant
Emergency Generators Project; and,
WHEREAS, C. F. McDonald Electric, Inc., of Houston,Texas, submitted a bid in the
amount of $1,970,679.00; and,
WHEREAS, City Council is of the opinion that the bid submitted by C. F. McDonald
Electric, Inc., of Houston, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by C. F. McDonald Electric, Inc., in the amount of$1,970,679.00
for the Wastewater Treatment Plant Emergency Generators Project be accepted by the
City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
February, 2009.
- Mayor Becky Ames -
i
6
February 24,2009
Consider authorizing the acquisition of additional fare box equipment for the new transit buses
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: February 24, 2009
REQUESTED ACTION: City Council authorize the acquisition of additional fare box
equipment for the new transit buses.
RECOMMENDATION
Administration recommends City Council authorize the acquisition of additional fare box equipment
from GENFARE in the amount $138,320 for use in the new transit buses.
BACKGROUND
In 2008, the City joined the Minnesota Purchasing Pool in order to purchase CNG buses for
Beaumont Municipal Transit. The buses bid under the Minnesota purchasing contract are
manufactured byNorth American Bus Industries of Aniston,Alabama. Included in the bid were fare
boxes manufactured by GENFARE.
The acquisition of sixteen compressed natural gas(CNG)transit buses included electronic fare boxes
that have limited functional capabilities. The proposed equipment to be purchased will increase the
functionality of the fare boxes. The recommended equipment includes magnetic card readers,
additional cash boxes,a data collection system,generic transfers paper stock,magnetic cards,smart
cards and a printing and encoding machine.
The magnetic card readers are used to scan magnetic transfers, monthly bus passes and provide
change by means of a magnetic card.The change proceeds may only be used on transit system buses.
Additional cash boxes are required to ensure there is always a cash box in a bus when the one from
the previous day is removed for money removal and counting.The data collection system will allow
the immediate downloading ofpassenger statistics,i.e.,fare amounts,passenger type(adult,students
etc.). This information is currently hand recorded by the driver and tabulated at the end of the day
by office personnel. The generic paper transfers, magnetic and smart cards will allow passengers
greater flexibility in their payment options.Instead of using cash or paper monthly passes,riders will
be able to use magnetic or smart cards.The printing and encoding machine is used to pre-load dollar
amounts on the magnetic and smart cards.
City Council Agenda Item
Meeting Date: February 24, 2009
Page -2-
BUDGETARY IMPACT
The acquisition of the equipment will be funded from remaining grant proceeds in the amount of
approximately$114,000 and from the Transit Fund in the estimated amount of$25,000.
I&Chefalo GHKei:l i 2/17/2009
AN SPA 01YISI9"
GFI GENFARE QUOTATION
TO
Beaumont Transit
ODYSSEY CHANGES AND SUPPLEMENTAL PARTS
Updated 2fl7/08
Price Ouotation-Upgrading Fareboxes for adding TRIMS along with Operational Support Components
Item Oty Part No. Description Unit Price Extension
1 15 Add Magmatic Card Internal unit along $2,875.00 $43,125.00
with existing Smart card reader
2 30 018631-0003 Cashbox,tell with ID(exchange unit) $635.00 $10,050.00
3 1 C01855-OM Electronic Key $885.00 $095.00
4 1 Data Collection System Complete b Include $40400.00 $40,500"
latest revision OR Date System
Software,
OR Version 72 Windows based software
including Installation,testing,training,
and documentation. (Probing 9WIpment
Inchided In this line Item)
5 10 Generic TransterdDaypass Paper Stock(10 mill) $250.00 $2.500.00
This Is the provision of paper transfer stock
to be used In the TRIM Unit shown in Item
1 above. Unit price Is for 10000 transfers.
6 4 Magnetic Cards-MuNWse $3,200.00 $12,800.00
This Ifen Is for the provision of per 10,000
polyeste r and thermal polyester ksrds
and Inc x1m;snood IngWntinrg
for Multi-card applications
such as Adult,Senior,10 Ride,etc. Price
Is based on a quantity of 20,000 total cards
4 pass types
7 1,000 Smart cards-generic $3.70 $3,700.00
(1000 cords minYmm-1 graphic type)
8 1 PEM-Printing and Encoding Machine $15,750.00 $15,750.00
Total $138,320.00
Supplemental Parts RevCxls Pagel
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT City Council hereby authorizes the acquisition of additional fare box equipment from
GENFARE in the amount of$138,320.00 for use in the new compressed natural gas(LNG)
transit buses.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
February, 2009.
- Mayor Becky Ames -
7
February 24,2009
Consider approving the purchase of tractors and mowers
HIGH wIrH OPPORTUNITY
[I C A�11 1�1 C1 114(
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer 4l
MEETING DATE: February 24, 2009
REQUESTED ACTION: Council consider approving the purchase of tractors and
mowers.
RECOMMENDATION
The administration recommends approval of the purchase of tractors and mowers from
Lansdowne-Moody Co. L.P. of Houston, Texas, in the amount of$81,088.71.
BACKGROUND
Pricing for this purchase is obtained through the Houston-Galveston Area Council (H-GAC)
Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing
cities and political subdivisions with the means to purchase specialized equipment at volume
pricing. H-GAC complies with the State of Texas procurement statutes.
Additions to the City's fleet are requested through the annual budget process. Prior to June of
2008, the City had a contract for the cutting of more than 600 acres of wetlands for a cost of
$8,200 per cut with approximately four(4) cuttings per year. The grounds of the Waste Water
Treatment Plant was being maintained by Water Reclamation employees. Once the contract
expired in June of 2008 for the Wetlands, it was determined that the Water Utilities Department
would do the cutting and maintenance of both areas in-house. A 4 x 4 cab tractor and mower
with chain guards will be used. One (1) tractor and one (1) mower, budgeted for Fiscal Year
2009, are available through H-GAC as follows:
Dept. Division Description Qty. Total Price
Water Utilities Water Holland 4 X 4 Cab Tractor 1 $36,738.42
Reclamation with Dual Remotes
Water Utilities Water Rhino 472 HD Mower 1 $4,543.08
Reclamation with Chain Guards
TOTAL: $41,281.50
Purchase of Fleet Vehicles
February 24, 2009
Page 2
Replacement vehicles are also requested through the City's budget process. The Fleet
Superintendent reviews the requests and evaluates the vehicles to be replaced. Based on this
evaluation, a recommendation is made to replace worn and obsolete vehicles that are no longer
cost effective to operate, The age and mileage of these older vehicles, model years 1993 to
1995, render them unfit for continued services. The vehicles will be disposed of according to
the City's surplus property disposal policies.
Replacement vehicles, one (1) tractor and four (4) mowers,budgeted in Fiscal Year 2009, are
available through H-GAC as follows:
Dept. Division Description Qty. Total Price
Water Utilities Water 4 x 4 Tractor with Front 1 $24,437.80
Reclamation Loader
Water Utilities Water Rhino RHD74 Flail 1 $4,681.52
Reclamation Mower
Parks & Parks & Rhino 472 Mower with 2 $9,086.16
Recreation Property Svcs. Chain Guards
Parks & Henry Rhino 172 HD Mower 1 $1,601.73
Recreation Homberg Golf with Chain Guards
Course
TOTAL: $39,807.21
GRAND TOTAL: $81,088.71
Warranties of two (2) years are provided for tractors and one (1) year for mowers. Warranty
service is available from Oil City Tractors, Inc., of Beaumont.
BUDGETARY IMPACT
Funds for the Parks & Recreation Department are budgeted in the Capital Reserve Fund. Funds
for the Water Utilities Department are budgeted in the Water Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of tractors and mowers as shown
below in the amount of$81,088.71 from Lansdowne-Moody Co., L.P., of Houston, Texas,
through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program:
Additions:
A, M,
U
T64i 0"
Water Water Holland 4 X 4 Cab 1 $36,738.42
Utilities Reclamation Tractor with Dual
Remotes
Water Water Rhino 472 HD Mower 1 $4,543.08
Utilities Reclamation with Chain Guards
TOTAL $41,281.50
Replacements:
a
4`9f
Water Water 4 x 4 Tractor with Front 1 $24,437.80
Utilities Reclamation Loader
Water Water Rhino RHD74 Flail 1 $4,681.52
Utilities Reclamation Mower
Parks & Parks & Rhino 472 Mower with 2 $9,086.16
Recreation Property Chain Guards
Svcs.
Parks & Henry Rhino 172 HD Mower 1 $1,601.73
Recreation Homberg with Chain Guards
Golf Course
TOTAL: $39,807.21
GRAND TOTAL: $81,088.71
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
February, 2009.
- Mayor Becky Ames -
8
February 24, 2009
Consider approving Change Order No. 4 to the contract for the Rogers Park Project
RICH WITH OPPORTUNITY
i
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: February 24, 2009
REQUESTED ACTION: Council consider the approval of Change Order No. 4 for
Improvements to Rogers Park.
RECOMMENDATION
Administration recommends the approval of Change Order No. 4 in the amount of$57,074.60 to
McInnis Construction of Silsbee.
BACKGROUND
A contract in the amount of$1,523,000 for improvements to Rogers Park was awarded on May
6, 2008. Improvements to the park include a new restroom facility, community center, basketball
court, and walking trails. Change Order No. 1 reduced the contract to $1,465,737.50 by reducing
the length of the walking trail and eliminating the resurfacing of the asphalt parking lot on
Dowlen.
Change Order No. 2 included the installation of additional electrical conduit for service from
Entergy. Change Order No. 3 extended the completion time by seventeen(17) days due to
Hurricane Ike.
Change Order No. 4 for extra work includes the following:
• Clean, seal and paint existing tennis court surfaces,
• install a new fence surrounding existing tennis courts, and
• the removal of two concrete tables and replacing the existing damaged sidewalk.
The construction of the community center, restrooms, walking trail, and parking lot at Rogers
Park are nearing completion. The existing tennis courts are in fair condition but need cleaning,
caulking and repainting. The 10-foot fence surrounding the courts is in poor condition due to age
and wind damage. A section of sidewalk not included in the original project must be replaced due
to its deteriorated condition.
Improvements to Rogers Park
February 16, 2009
Page 2
The total cost of the extra work is $64,373.60. The balance of the contingency fund in the
amount of$7,299 will be applied to this total resulting in a net cost of$57,074.60.
BUDGETARYIMPACT
Funds for the cost of the"extra work" are available in the Capital Reserve Fund.
RESOLUTION NO.
WHEREAS, on May 6, 2008, the City Council of the City of Beaumont, Texas,
passed Resolution No. 08-139 awarding a contract in the amount of$1,523,000 plus$1.25
per square foot for soil stabilization to McInnis Construction of Silsbee, Texas, for
improvements to Rogers Park; and,
WHEREAS, Change Order No. 1, passed by Resolution No. 08-139 on May 6,
2008, to remove 6,905 feet of the walking trail in the amount of ($17,262.50) and for the
removal of the resurfacing of the asphalt parking lot on Dowlen Road in the amount of
($40,000) for a total amount of ($57,262.50), thereby decreasing the contract amount to
$1,465,737.50; and
WHEREAS, Change Order No. 2, passed by Resolution No. 08-232 on August 26,
2008, was required for furnishing and installing additional electrical conduit in the amount
of $17,465, said amount to be deducted from a contingency allowance of$30,000,; and
WHEREAS, Change Order No. 3 extended the completion time by seventeen (17)
days due to Hurricane Ike; and
WHEREAS, Change Order No. 4 in the amount of$57,074.60 is required to clean,
seal and paint existing tennis court surfaces, install a new fence surrounding existing tennis
courts, and remove two concrete tables and replace the existing damaged sidewalk,
thereby increasing the contract amount to $1,522,812.10.
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. 4
in the amount of $57,074.60 for "extra work" described above, thereby increasing the
contract amount to $1,522,812.10, for improvements to Rogers Park.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
February, 2009.
- Mayor Becky Ames -
9
February 24,2009
Consider authorizing the City Manager to execute an Industrial District Contract with TE
Products Pipeline Company, LLC
RICH WITH OPPORTUNITY
[I 17C A. �
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: February 24, 2009
REQUESTED ACTION: Council consider authorizing the City Manager to execute
an Industrial District Contract with TE Products Pipeline
Company, LLC.
RECOMMENDATION
The Administration recommends approval of a resolution authorizing the City Manager to
execute an Industrial District Contract with TE Products Pipeline Company, LLC.
BACKGROUND
Industrial District Contracts enable the City to collect payments in lieu of taxes from industries
located outside the city limits.
The City currently has a contract with TE Products Pipeline Company, LLC that expired
December 31, 2008. This contract has been delayed due to the clarification on both sides of
some of the language in the agreement. The new contract will be effective January 1, 2009. The
in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the
industry were located within the city limits in 2009 through 2011 and 75% of property taxes due
to the City in 2012 through 2015. The 2009 payment will be calculated based on 80% of the
assessed value multiplied by the tax rate effective on October 1, 2008 or $0.64 per $100 of
assessed valuation. Payments will be due to the City by February 1 s` of each year.
A copy of the agreement is attached for your review.
BUDGETARY IMPACT
The estimated FY 2009 payment for TE Products Pipeline Company, LLC is $123,800 of the
$15,782,000 of industrial payments expected in FY 2009.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Industrial District
Contract with TE Products Pipeline Company, LLC. The contract 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 24th day of
February, 2009
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation and a
home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and TE Products
Pipeline Company, LLC, its direct and indirect subsidiaries, hereinafter called "COMPANY."
PREAMBLE
WHEREAS, Company owns land and improvements which are a part of the
manufacturing, industrial, and refining facilities of said Company. The City has established an
industrial district comprising a certain part of the extra-territorial jurisdiction of the City, such
industrial district being known as the City of Beaumont Industrial District.
WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to
contribute to the revenue needs of said City in an amount commensurate with the burdens placed
upon the City and benefits derived by the Company by reason of being located immediately
adjacent to said City.
WHEREAS, the Company and the City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
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EXHIBIT "A"
ARTICLE I
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2009 and each calendar year thereafter for the
duration of this Contract, the Company will pay the City a certain sum which will be computed
on the assessed value of the Company's facilities property, real, personal, and mixed located on
Company's land covered by this contract, as described in Article II, (herein "the properties" or
"the Company's properties").
2. By the term "Assessed Value" is meant the 100% valuation for the Company's
properties, as determined by the Jefferson County Appraisal District for the previous tax year.
3. The term "assumed City taxes due" shall be calculated by the following formula:
Assumed City Taxes Due:
Assessed Value/ 100 X Current City Tax Rate = Assumed City Tax Due
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2009 shall be due and payable on or before February 1, 2009.
The 2009 payment is calculated as follows:
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Assumed City Taxes Due:
Assessed Value/ 100 X Current City Tax Rate = Assumed City Tax Due
Year 1 80%of Assumed City Taxes Due = 2009 Payment
Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed
values as set by the Jefferson County Appraisal District for the Company's properties, real,
personal and mixed, having taxable situs within the areas described in this agreement; for
example, in October, 2008, the 2008 assessed values shall be used for the February 1, 2009
payment.
If the assessed values for the period required are in question and/or under litigation with
the Jefferson County Appraisal District, payment shall be computed on the most recent certified
values from the Jefferson County Appraisal District. The Company shall notify the City
following resolution of the appraised value question and an adjustment for the payment, without
interest, will be made within thirty (30) days following such resolution.
(b) After the assessed value of the Company's properties has been determined, the
payment to City shall be 80% of assumed City taxes for the years 2010 - 2011, and 75% of
assumed City taxes for the years 2012 - 2015.
(c) City hereby agrees to bill Company for its payments due hereunder on or before
January 1 each year. Company shall pay to City such amount billed on or before February 1
each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official
receipt of said City acknowledging full, timely, final and complete payment due by said
SAAGENDA\AGENDA ITEM MEMOS\TE Products 2009-2015.dog
Company to City for the property involved in this Agreement for the year in which such payment
is made. If any annual payment is not made on or before any due date, the same penalties,
interest, attorneys' fees and costs of collection shall be recoverable by the City as would be
collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all
payments which otherwise would have been paid to the City had Company been in the City
limits of City will be recaptured and paid to the City within 60 days of any such event.
ARTICLE II
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument shall
govern and affect the properties of Company (facilities, real, personal, and mixed) located on
Company's real property more particularly described in Exhibit "A" hereto, which are within the
extra-territorial jurisdiction of the City of Beaumont.
ARTICLE III
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's facilities to any person
or entity. As to payments due under this contract, no such sale shall reduce the amount due the
City under this contract until the purchaser of such facility has entered into a contract in lieu of
taxes with the City that provides for a continuation of payments to the City as if no such sale had
been made. It is the intent of the parties that no sale of any of Company's facilities will affect the
amount to be paid to the City under this Agreement.
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ARTICLE IV
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in any way cause or permit to
be annexed any portion of lands or facilities or properties of said Company covered by this
Agreement for the period of the agreement except as follows:
(a) If the City determines that annexation of all or any part of the properties covered
by this Agreement belonging to said Company is reasonably necessary to promote and protect
the general health, safety and welfare of persons residing within or adjacent to the City, the City
will notify Company in accordance with State law of the proposed annexation. In the event of
such annexation, Company will not be required to make further payment under this Agreement
for any calendar year commencing after such annexation with respect to the property so annexed,
but shall nevertheless be obligated to make full payment for the year during which such
annexation becomes effective if the annexation becomes effective after January 1 st of said year.
(b) In the event any municipality other than the City attempts to annex separately or
in the event the creation of any new municipality shall be attempted so as to include within its
limits any land which is the subject matter of this Agreement, City shall, with the approval of
Company, seek immediate legal relief against any such attempted annexation or incorporation
and shall take such other legal steps as may be necessary or advisable under the circumstances
with all cost of such action being borne equally by the City and by the said Company or
Companies with the Company's portion allocated on the basis of assessed values.
2. The City further agrees that during the term of this agreement, there shall not be
extended or enforced as to any land and property of Company within said City of Beaumont
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Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control
the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or
inspection standards or equipment, or (c) attempting to regulate or control in any way the
conduct of Company's activities, facilities or personnel thereof.
3. It is understood and agreed that during the term of this agreement or any renewals
thereof, the City shall not be required to furnish any municipal services to Company's property
located within the City of Beaumont Industrial District; provided, however, City agrees to
furnish fire protection to Company should such protection be requested by Company in the event
an unusual emergency situation occurs.
ARTICLE V
TERMINATION
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the parties
and that, therefore, in addition to any action at law for damages which either party may have,
Company may enjoin the enactment or enforcement of any ordinance or charter amendment in
violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable
relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is
further agreed that should this Agreement be breached by Company, the City shall be entitled, in
addition to any action at law for damages, to obtain specific performance of this Agreement and
such other equitable relief necessary to enforce its rights.
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ARTICLE VII
AFFILIATES
The benefits accruing to Company under this Agreement shall also extend to Company's
"affiliates" and to any properties owned or acquired by said affiliates within the area described in
Exhibit "A" to this Agreement, and where reference is made herein to land, property and
improvements owned by Company, that shall also include land, property and improvements
owned by its affiliates. The word "affiliates" as used herein shall mean the direct and indirect
subsidiaries of the Company.
ARTICLE VIII
TERM OF AGREEMENT
The term of this Agreement shall be for seven (7) years, commencing January 1, 2009,
and ending on December 31, 2015.
ARTICLE IX
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law
shall be given in writing to the parties hereto by Certified Mail addressed as follows:
TO CITY TO COMPANY
City Manager TE Products Pipeline Company, LLC
City of Beaumont Attn: Curt Tate
P. O. Box 3827 P.O. Box 4018
Beaumont, Texas 77704 Houston, Texas 77210-4018
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ARTICLE X.
CONTINUATION
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder prior
to such adjudication, and this provision is intended to be an independent and separable provision
not to be affected by such adjudication.
IN WITNESS THEREOF, this Agreement, consisting of 8 pages plus Exhibit "A", is
executed in duplicate counterparts as of this day of , 2009.
CITY OF BEAUMONT, TEXAS
By:
Kyle Hayes
City Manager
ATTEST:
Tina Broussard
City Clerk
TE PRODUCTS PIPELINE COMPANY, LLC
By: TEPPCO GP, Inc.
Its: Sole Manager
By:
William G. Manias
ATTEST: Vice President and Chief Financial Officer
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