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Home My WebLink AboutPACKET AUG 04 2009 RICH WITH OPPORTUNITY IIEA,IIMON* T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER AUGUST 4, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a contract for an Emergency Communications Network used in Public Health Emergency Preparedness activities and emergency responses B) Authorize the City Manager to approve the Texas Department of Transportation Change Order No. 3 for the Willow Street Streetscape Project and acknowledge the potential increase/decrease in the City's contribution to the project C) Authorize the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute an inter-local agreement with the City of Port Arthur and Jefferson County in order to reallocate Justice Assistance Grant funds D) Adopt the 6`h Amendment to the Texas Department of Housing& Community Affairs Disaster Recovery Program and authorize the City Manager to execute the required amendment document E) Authorize the City Manager to allow the City of Nederland to provide water and sanitary sewer services to North Lake Estates F) Authorize the acceptance of a water line easement to provide water services for the Garden of Sienna Apartments G) Approve a resolution appointing Lane Nichols as the hearing officer to preside over the appeals of the decision of the Chief of Police to suspend the permits of various towing companies H) Approve a contract for the purchase of lime slurry for use in the Public Works Department A RICH WITH OPPORTUNITY BEA,UMON* 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: August 4, 2009 REQUESTED ACTION: Council consider approving the award of a contract for a Redundant Emergency Communications Network. RECOMMENDATION The administration recommends the award of the contract to the Texas Association of Local Health Officials (TALHO) of Cedar Park, Texas in the amount of$71,008. BACKGROUND The Beaumont Public Health Department is currently enrolled in the Department of State Health Services (DSHS)Health Alert Network (HAN) program. A grant available from the Center for Disease Control, through DSHS, for the Bio-Terrorism and Public Health Emergency Preparedness(PREP) program provides funds to establish a Redundant Emergency Communications Network for use in PREP activities and emergency response. The network operates on a ground-based satellite system which does not rely on the same communications structure as the city's primary system. As an independent system, the network is not as susceptible to outages during emergency conditions such as wind, flood or storm surge. The Health Department has been approved for the grant for system installation at seven (7) sites at a cost of$10,144 each. Two (2) of the sites are in Beaumont and one (1) each in Port Arthur, Orange, Chambers County, Baytown and Galveston. Funds for all seven sites are to be administered by the Beaumont Public Health Department. TALHO recommends that the system is tested on a six (6) month interval. The cost for testing is $495 for activation and phone service per unit. The annual cost for testing two (2) systems is $1,980. The grant specifies the system available from TALHO, the sole source vendor. This system integrates with HAN, which is managed by TALHO, a nonprofit non-governmental organization which operates several preparedness programs on behalf of public health authorities. Contract for a Redundant Emergency Communications System August 4, 2009 Page 2 BUDGETARYIMPACT Funding is available from the Bio-Terrorism Public Health Preparedness Grant. No matching funds are required. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to the Texas Association of Local Health Officials, of Cedar Park, Texas, in the amount of $71,008 for installation of a Redundant Emergency Communications Network at two (2) sites in Beaumont and one (1) each in Port Arthur, Orange, Chambers County, Baytown and Galveston for use in Bio-Terrorism and Public Health Emergency Preparedness activities and emergency response funded by a Bio-Terrorism Public Health Preparedness Grant from the Center for Disease Control through the Department of State Health Services. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. - Mayor Becky Ames - B XIOII WITH OPPORTUNITY 11E, City Council Agenda Item T , & ,X • A , S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 4, 2009 REQUESTED ACTION: City Council authorize the City Manager to approve the Texas Department of Transportation Change Order No. 3 for the Willow Street Streetscape Project and acknowledge the potential increase/decrease in the City's contribution to the project. RECOMMENDATION Administration recommends City Council authorize the City Manager to approve the Texas Department of Transportation (TxDOT) Change Order No. 3 for the Willow Street Streetscape Project and acknowledge the potential increase/decrease in the City's contribution to the project. BACKGROUND The City of Beaumont has received funds through TxDOT, under the Congressional High Priority funding category, to construct streetscape improvements on Willow Street between North Street and Crockett Street. The proposed scope of work includes the installation of decorative lighting, brick paver sidewalks, landscaping and street pavement improvements. The maximum Federal participation in the project is $512,000. Change Orders 1 and 2 were in the amount of$-38,025.00 and $9,533.16, respectively. Change Order No. 3 is in the amount of $49,091.00. The City's participation in the project is $828,599.16 or 62% of the total estimated cost. The estimated total project cost with the three Change Orders is $1,340,599.16. Leap Engineering prepared the construction plans for this project. The original plans contained errors that needed to be addressed in order for the traffic signal system to operate properly. Leap Engineering has prepared revised plan sheets showing l.e.d. balls in the traffic signal heads instead of red l.e.d. arrows, traffic signal poles foundations have be revised to show pedestrian pole foundations, and conduit and conductor have been added to the plans in order to operate the pedestrian traffic signal heads. This change order is in the amount of$41,958.12. BUDGETARY IMPACT Funds are available in the Capital Program. Air Texas Department of Transportation 8450 Eastex Freeway *Beaumont, Texas 77708 .409-924-6521 July 29, 2009 Mr. Tom Warner, P. E. Director of Public Works City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Project: HP 2008(818) Control: 0028-07-051 Highway: us 90 County: Jefferson Contract: 11083212 Dear Mr. Warner, Attached is Change Order No. 3 for the referenced project. For your information, COB Traffic Engineer, Mr. Jacob Benfield, is aware of the details concerning this change order. We request your review and approval prior to forwarding to the contractor for further execution. Please sign and return, by email, the Third Party Funding Agreement at your earliest convenience. Should you have any questions, please call me or Karl Hunter at (409) 924-6521. Sincerely, Duane L. Browning, P. E. Beaumont Area Engineer c. File WEDUCE CONIGESTFUN- ENHANCE SAF-F.-Y-FXPAND f-'CO)NOMIC 0PP(;RTUNJY-JMPH"VF AoR(DUALJY 1NOREASE THE VALUIE Of-OUR, ASSETS a't CHANGE ORDER NBR. 3 REPORT DATE: 07/29109 ,s,yi +CiswRVrtiwa�er CONTRACT ID: 002807051 HIGHWAY: us 90 PROJECT: HP 2008(818) DISTRICT: 20 CONTRACT: 11083212 COUNTY: JEFFERSON CONTRACT PRICE: $1,408,452.95 AREA ENGINEER: Duane Browning,P.E. CONTRACTOR: ENCINO LANDSCAPE, INC. AREA NUMBER: 051 CO AMOUNT: $41,958.12 DESCRIPTION: REVISE TRAFFIC SIGNAL DETAILS CO TYPE: STATE LETTER OF ALfTH NON-PART 3RD PARTY AMOUNT: $0.00 REASON: 2A - DIFFER SITE CONDITION(UNFORESEEABLE) APPRV LEVEL: Area Engineer SECONDARY REASON(S): TIME EXT.i1: 1 and Days adjusted on the C.0. 5 DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY,INCLUDE EXCEPTIONS TO THIS AGREEMENT: Construct traffic signal system in accordance with revised plan sheets 10,65 and 66. Item 9608.2001 shall be constructed in accordance with the requirements of Item 8130. TIME ADJUSTMENTS ADJUSTED DAYS EXPLANATION CONTRACT 5 For added underground work. "By signing this Change order,the contractor agrees to waive any and all claims for additional compensation due to any and all other expenses;additional changes for time, overhead and profit;or loss of compensation as a result of this change and that this agreement is made in accordance Item 4 and the Contract.Exceptions should be noted in explanation above,' THE CONTRACTOR BY; DISTRICT ENGINEER: DATE DATE TYPED/PRINTED NAME: DIRECTOR,CONSTRUCTION DIVISION: DATE DATE TYPEDtPRINTED TITLE: AED For Eng.Operations: DATE DATE AREA ENGINEER: FHWA: DATE DATE AREA ENGINEER'S SEAL: RESOLUTION NO. WHEREAS, on May 1, 2007, the City Council passed Resolution No. 07-126 authorizing the execution of a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Willow Street Streetscape Project; and WHEREAS, the City of Beaumont*s participation in the project is $828,599 or approximately 62% of the total estimated cost; and WHEREAS, Change Order No. 1 in the amount of (-$32,500.00) was required to remove from the contract the installation of radar vehicle sensing devices, which are not designed for their intended service, at signalized intersections and to provide for the installation of one large roadside sign assembly foundation for the installation of three (3) existing signs; WHEREAS, Change Order No. 2 increased the contract amount by$9,533.16; and WHEREAS, Change Order No. 3 in the amount of$41,958.12 is required to correct errors in the traffic signal system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to approve the modification to the Willow Street Streetscape Project reflected in Change Order No. 3 in the amount of$41,958.12. BE IT FURTHER RESOLVED that the City Council acknowledges the potential increase/decrease in the City of Beaumont*s contribution to the Willow Street Streetscape Project as a result of Change Order No. 3. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. - Mayor Becky Ames - c RICH WITH OPPORTUNITY r T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: August 4, 2009 REQUESTED ACTION: Consider authorizing the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute an inter-local agreement with the City of Port Arthur and Jefferson County in order to reallocate Justice Assistance Grant funds. RECOMMENDATION Administration recommends approval. BACKGROUND The City of Beaumont has been awarded funding through the Edward Byrne Memorial Justice Assistance Grant program for the past three years. The funding has been used to upgrade technology through the purchase of computer hardware and software, purchase additional officer safety equipment and to fund several community policing programs. Due to Jefferson County being designated a disparate jurisdiction by the Department of Justice, an inter-local agreement must be filed with the joint application, and the agencies must agree to funding allocations prior to application for funding. This application is in addition to those submitted earlier in the year. BUDGETARY IMPACT An additional $ 112,954 for law enforcement equipment and programs at the Beaumont Police Department. The remainder of the funds would be allocated to the Port Arthur Police Department ($ 41,676) and the Jefferson County Sheriffs Office ($ 27,288). No matching funds are required. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding for the City of Beaumont in the amount of $181,918 from the Edward Byrne Memorial Justice Assistance Grant Program for law enforcement equipment and programs; and, BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to execute an inter-local agreement to reallocate funds in the amounts of $41,676 to the City of Port Arthur, Texas, and $27,288 to Jefferson County, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. - Mayor Becky Ames - D RICH WITH OPPORTUNITY r 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: August 4, 2009 REQUESTED ACTION: Council consider adopting the 6'Amendment to the Texas Department of Housing& Community Affairs Disaster Recovery Program and authorize the City Manager to execute the required amendment document. RECOMMENDATION The Administration recommends City Council approve the 6`h amendment to the Texas Department of Housing& Community Affairs Disaster Recovery Program and authorize the City Manager to execute the required amendment document. BACKGROUND City Council previously authorized an agreement and subsequent amendments with the Southeast Texas Regional Planning Commission for the City's Housing Services Division to administer federal Disaster Recovery funds from the Texas Department of Housing& Community Affairs ("TDHCA") in the amount of Five Million One Hundred Forty-Five Thousand Dollars ($5,145,000) used for Owner-Occupied Repairs ($2,400,000), Reconstruction($2,500,000), and for Administrative Costs ($245,000). Amendments at the State level have been made to the program. A previous amendment extended the contract completion to April 30, 2009. The TDHCA Board recently voted to extend all Hurricane Rita Disaster Recovery contracts through October 31, 2009. To date, 46 homes have been reconstructed and 3 rehabilitated under this contract. One rehabilitation currently underway will complete this contract. BUDGETARY IMPACT Funding will be provided from the TDHCA Community Development Block Grant Disaster Recovery Program. �� 1y�soGi'�nns iommssssio I - - - -r. i - n I PRESIDENT SUZANNE SIMMONS July 22, 2009 Councilwoman City of Sour Lake Janett Lewis list VICE-PRESIDENT Housing Coordinator SHIRLEY BONNIN Mayor Pro Tern City of Beaumont City of west Orange P.O. Box 3827 2nd VICE-PRESIDENT Beaumont, TX 77704-3827 EVERETTE'BO"ALFRED County Commissioner Jefferson County Subject: Sixth Amendment for Hurricane Rita Disaster Recovery 3rd VICE-PRESIDENT Dear Nis. Lewis: KEN PELT County Commissioner Hardin County Enclosed you will find the Sixth Amendment for Hurricane Rita's TREASURER Disaster Recovery Contract. The importance of this contract is to BEAMON MINTON extend the deadline to complete the project to October 31, 2009 and to County Commissioner Orange County accurately represent the program budget. SECRETARY Please sign and return the original copy to SETRPC. GLENNJOHNSON Mayor City of Port Neches Thank you for your cooperation. LEGAL COUNSEL STEVE THOMAS za rely Chambers,Templeton, Cashiola&Thomas David Dean EXECUTIVE DIRECTOR Legal Contract Specialist SHAUN P.DAVIS SETRPC 2210 East Freeway 2210 Eastex Freeway eewa Texas 77703-4929 y Telephone(409)899-8444 Beaumont, TX 77703 FAX(409)347-0138 selrpc(&setrpc.org 409.899.8444 (Ext. 6303) http://www.setrpc.org SOUTH FAST TEXAS REGIONAL PLANNING COAMISSION COMMUNITY DEVELOPMENT PROGRAM CONTRACT#0060003 HURRICANE RITA FUNDING UNDER DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006 SIXTH AMENDMENT STATE OF TEXAS § COUNTY OF JEFFERSON § Section I The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Contractor) and CITY OF BEAUMONT (Subcontractor), do hereby contract and agree to amend the original contract by and between the parties, effective October 31, 2006, and identified on Department's records as CDBG Contract#C060003 (Contract). Section 2 The parties hereto agree to amend the contract identified in Section l above so that Section 21 Contract Period; is replaced in its entirety with the new Section 2 as follows, and hereby made a pail of this Sixth Amendment. This contract and agreement shall conunence on July 28, 2006, and shall terminate on October 31, 2009 unless otherwise specifically provided by the terms of this contract. Section 3 The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A, Performance Statement, is replaced in its entirety with the new Exhibit A Performance Statement attached to this Sixth Amendment, hereinafter referred to as Exhibit A, and hereby made a part of this Sixth Amendment.New Exhibit A consists of one(1)page. Section 4 The parties hereto agree to amend the contract indentified in Section 1 above so that Exhibit B, Budget, is replaced in its entirety with the new Exhibi( B Budget attached to this Sixth Amendment, hereinafter referred to as Exhibit B, and hereby made a part of this Sixth Amendment. New Exhibit B consists of one (1)page. Section 5 The parties hereto agree that all other terms and written modifications of the Contract sliall remain in effect as thereto set forth and sliall continue to govern except to the extent that said terns conflict with the terns of this Sixth Amendment. In the event any conflict in terns exists; this Sixth Amendment shall control, unless it cannot be read consistently with the entirety of the contract or is made void by operation of law. Each capitalized term not expressly defined herein shall have the meaning given to such term in the Contract. Section 6 This Sixth Amendment shall be effective on the date of execution Section 7 By signing this Sixth Amendment the parties expressly understand and agree that its teens shall become a part of the Contract as if they Nvere set forth word for word therein. This Sixth Amendment shall be binding upon the parties hereto and their respective successors and assigns. AGREED TO AND EXECUTED BY: SO TH EAST TEXAS REGIONAL PLANNING COAINUSSION By: � �-- Name: faun Davis Title: Executive Director Date: CITY OF BEAUMONT By: Name: Kyle Haves ZC %ft Title: City Manager IF" am Date: i i EXHIBIT A CONTRACT NO. C 06 0003 PERFORMANCE STATEMENT SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION The Contractor shall carry out the following activities. Owner-occupied housing rehabilitation, demolition, and reconstruction activities are limited to the target area identified in Its 2006 CDBG Disaster Relief application. Case management activities can occur throughout the 22 counties impacted by Hurricane Rita. The persons to benefit from the activities described in this Performance Statement must be receiving service or a benefit from the use of the new or improved facilities and activities for the contract obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity described does not exceed the amount specified for such activity in Exhibit B, Budget. Protect Description The Contractor will provide housing rehabilitation not to exceed one million three hundred fourteen thousand eighty-nine dollars ($1,314,089), demolition activities not to exceed one million two hundred fifty thousand dollars ($1,250,000), and reconstruction not to exceed twenty million five hundred eleven thousand four hundred eighty dollars ($20,511,480) in the Hurricane Rita affected counties of Hardin, Jefferson, Orange, and in the cities of Port Arthur and Beaumont. These activities shall benefit no less than six hundred forty-five (645) beneficiaries, of which one hundred percent (100%) are of low to moderate income. All activities must be for unmet housing needs resulting from Hurricane Rita. Non Hurricane Rita damage may only be addressed on structures or properties that also have Rita-related storm damage. The Contractor will also provide case management services not to exceed two hundred fifty thousand dollars ($250,000) throughout the 22 county Rita impacted area to assist ACS in completing eligibility determinations of specifically referred applicants that applied for funding under Public Law 109-148 (Round 1) but that will receive housing assistance under Public Law 109-234 (Round II). Owner-Occupied Housing Rehabliltation The Contractor will provide owner-occupied housing rehabilitation not to exceed sixty-five thousand dollars ($65,000) per unit to assist a minimum of fifty-six (56) beneficiaries, of which one hundred percent (100%) are of low to moderate income. Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a housing structure, The rehabilitated portion must comply with local building codes and standards upon completion. Demolition The Contractor will provide demolition activities not to exceed five thousand dollars ($10,000) per lot for a minimum of two hundred fifty (250) lots. The Contractor must use all available resources, including Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and other non profit organizations, to provide displaced persons with access to decent, safe, sanitary, and affordable housing In the Contractor's service area during the contract term. Demolition activities must address threats to public health and safety that may be caused by the presence of disaster-damaged structures that are unsuitable for rehabilitation. CDSG-Rita Contract#Co6 oom Pop I or2 I Housing Reconstruction The Contractor will provide housing reconstruction not to exceed one hundred thousand dollars ($100,000) per unit to assist a minimum of five hundred eighty-nine (589) beneficiaries, of which one hundred percent (100°/x) are of low to moderate income. The Contractor may use up to an additional thirty-five thousand dollars ($35,000) for flood mitigation activities on properties located within the 100 year floodplain. The Contractor must ensure that all reconstructed housing units comply with the universal design features in new construction, established by §2306.511, Texas Government Code, energy standards as verified by a RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter 214, Local Government Code. Case Management The Contractor will provide case management assistance to Affiliated Computer Systems, State & Local Solutions (ACS) with gathering data, documentation, and notarized signatures necessary to assist ACS in completing eligibility determinations of specifically referred applicants that applied for funding under Public Law 109-148 (Round 1) but that will receive housing assistance under Public Law 109-234 (Round II). These activities will be focused on the following CDBG disaster assistance eligibility criteria: 1. ownership 2. primary residency 3. income 4. Hurricane Rita damage 5. taxes 6. special needs 7. duplication of benefits The Contractor is only responsible for gathering the required data, documents, and signatures for these program areas for those cases assigned to them. They are not responsible for the ultimate determination of program eligibility or grant determination for these cases. The Contractor will be able to ascertain, based on previous experience and through interface with ACS, that the documentation they are collecting is sufficient to qualify the applicant for program participation. Contractor staff assigned to the project will be provided access to Worltrack, the Round II system of record and document depository. ACS will assign specific cases to Contractor eligibility specialists that can be accessed through Worltrack. The Contractor will log on, determine the status of their assigned caseload, and determine what activity is necessary to finalize the eligibility requirements for each applicant. Cases will be assigned to the Contractor based on need as determined by ACS; typically they will be harder to serve, less responsive applicants. ACS and the Contractor will work together initially to determine the appropriate number of cases to be assigned to the Contractor eligibility specialists to allow the timely completion of the cases assigned. After the initial allocation of cases, the Contractor and ACS will meet regularly to maintain the appropriate number of cases based on level of effort required and Contractor resources assigned to the project. Although the executed contract is between TDHCA and the Contractor, ACS and the Contractor will work closely together to ensure the successful delivery of case management services by the Contractor to ACS under the CDBG Disaster Recovery Program known as Round II. ACS will ensure that Contractor staff are adequately trained on ACS expectations, the Worltrack system, and all Round II program requirements. Client assistance will be seamless so as not to give applicants the perception that the Contractor and ACS are separate entities. CDBG-Rlta Contract V C06 0003 Pagel or2 'Administration The Contractor may expend funds provided under this contract for reasonable administrative, planning, and project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three million two hundred thirty-eight thousand five hundred thirty-sin dollars ($3,238,536.00). The Contractor shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and must ensure that the amount of the Department funds expended for all eligible project-related administration activities, including the required annual program compliance and fiscal audit, does not exceed the amount specified for administration in Exhibit B, Budget. CDBG-RIIa Contract#COB 0003 Page I of EXHIBIT B CONTRACT NO. C 06 0003 BUDGET SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION SETRPC Port Arthur Beaumont Total 1 Owner Occupied Rehabilitation 17 $ 600,000 $ 361,189 $ 352,900 $ '1,314,089 2 Reconstruction 17c $13,638,689 $3,468,011 $3,404,780 $ 20,511,480 3 Demolition 20 $ 0 $1,250,000 $ 0 $ 1,250,000 4 Case Mgmt 31133 $ 250,000 $ 0 $ 0 $ 250,000 5 Planning/Project Delivery 31/33 $ 1,985,241 $ 321,000 $ 442,DDD $ 2,748,241 6 General Administration 32a $ 490,295 $0 0 — $ 490.295 TOTAL $96,964,225 $5,400,200 $4,199,680 $26,564,105 RESOLUTION NO. WHEREAS, on October 31, 2006, City Council approved Resolution No. 06-338, authorizing the City Manager to execute a contract with the Southeast Texas Regional Planning Commission to provide for the administration of disaster recovery funds from the Texas Department of Housing & Community Development Department (TDHCA); and, WHEREAS, TDHCA has made amendments to the program to extend the timeline for program completion from April 30, 2009, to October 31, 2009; and WHEREAS, the amendment must be executed by the City; 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 the documents necessary to amend the TDHCA Disaster Recovery Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. - Mayor Becky Ames - E RICH WITH OPPORTUNITY r T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hani Tohme, Water Utilities Director 91f' MEETING DATE: August 4, 2009 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to allow the City of Nederland to provide water and sanitary sewer services to North Lake Estates. RECOMMENDATION The Administration recommends allowing the City of Nederland to provide water and sanitary sewer services to North Lake Estates. The subdivision, consisting of 1.743 acres of land, is located inside the city limits of the City of Nederland. Approval from the City of Beaumont is required since the property is located inside the City's Certificate of Convenience and Necessity (CCN) area. BACKGROUND The City of Beaumont water and sanitary sewer pipes are located 2.32 miles from North Lakes Estates Subdivision. The extension of water and sanitary sewer lines to the Subdivision will not be economically feasible. The City of Nederland's water and sanitary sewer pipes are located on the north east property line requiring no pipe extensions. If the City of Beaumont extends its infrastructure to the area in the future, it will take over the service provided by the City of Nederland. This agreement is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT No budgetary impact to the City of Beaumont. 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 agreement with the City of Nederland, Texas, allowing the City of Nederland to provide water and sanitary sewer services to North Lake Estates, consisting of 1.743 acres of land located inside the city limits of the City of Nederland and inside the City of Beaumont's Certificate of Convenience and Necessity area. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. - Mayor Becky Ames - 7• N PM, r t 0 r w wm 1 � x ,WELLSPRING D x3-�"7` �w—`� < y � �`�'` fit: �� _ "4'" ,•-r.+ �- Y��_ 'S.QQ�GP•j,�•A,. �'�'G�� Q�.n ,k/'O fo- Zu � d�. ate' �S /•- IK4t J Q �/ a+�(j/r`6: " ow f, \ yy Legend 13TH ST J Nederland San. Swr. - GUTI-BRIE RD' 112TH ST;� ` yP .. Nederland Water z� BMT C ' Limits t ,.-- Beaumont CCN KNAUTH RD O _ 4TH ST u - l zed ETJ v ' 3RD ST, ST'S m .. North Lake Estates ! 1 ST S T ARDEt`p�; i ;4 G 'dilater Lines - ,^ r D Sanitary Sewer Lines --�,.- R I C F '. I I Y 0'.'A L I T Y RANKS* T - E - X - A - $ August 4, 2009 Mr. W. Steven Hamilton, P.E., R.P.L.S. Director of Public Works P.O. Box 967 Nederland Texas 77627 Mr. Hamilton, Re: Utility Service -North Lake Estates The City of Beaumont has no objections to the City of Nederland's request to provide water and sanitary sewer services to the North Lake Estates 1.743 acres subdivision. If the City of Beaumont extends its water and sanitary sewer services to the area in the future, the City will take over the water and sanitary services to the proposed area. Kyle Hayes City Manager Water Utilities/Administration • (409) 866-0026 • Fax (409) 861-4836 P.O. Box 3827 • Beaumont, Texas 77704-3827 RICH WITH OPPORTUNITY [I 11cm A,11 1�1 U1 11 T 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: August 4, 2009 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement. RECOMMENDATION The Administration recommends acceptance of a water line easement to provide water services for the Garden of Sienna Apartments. BACKGROUND ST Partners III, Ltd. has agreed to convey a ten (10) foot wide water line easement to the City of Beaumont. The easement is out of Lot 2, Block 1 of the Sienna Trails Subdivision and will provide water service for the Garden of Sienna Apartments located at 6210 Sienna Trails. BUDGETARYIMPACT None. engsienna_garden-ib.wpd 27 July 2009 RESOLUTION NO. WHEREAS, ST Partners III, Ltd., has offered to convey a ten foot (10') wide water line easement for property located at 6210 Sienna Trails, said easement being out of Lot 2, Block 1 of the Sienna Trails Subdivision, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing water services for the Garden of Sienna Apartments; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by ST Partners 111, Ltd., as described in Exhibit "A" and shown on Exhibit "B", be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. - Mayor Becky Ames - --- ' , z-&S-hipman INC EXHIBIT A Consulting Engineers and Land Surveyors CENTERLINE DESCRIPTION FOR A 10' WIDE WATER LINE EASEMENT OUT OF THE THOMAS SPEAR SURVEY, ABSTRACT 50 JEFFERSON COUNTY, TEXAS JUNE 2, 2009 LINE 1 & 2 REVISED: JULY 22, 2009 That certain centerline description for a 10' wide water line easement out of the Thomas Spear Survey, Abstract 50, Jefferson County, Texas, being out of Lot 2, Block 1 of Sienna Trails Subdivision, a plat recorded in Clerks File No. 2008035976 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described as follows: Note: The Basis of Bearing is the north line of said Lot 2, Block having been called South 89°54'30" East 696.48 feet. LINE 1 COMMENCING at a capped iron rod found in the easterly right-of-way line of Sienna Trails Drive for the northwest corner of said Lot 2; THENCE South 89 054'30" East along the north line of said Lot 2 a distance of 10.62 feet to a point in the easterly line of an existing 10' wide utility easement; THENCE South 19°45'45" West along the said easterly line of an existing 10' wide utility easement a distance of 5.31 feet to a point for the POINT OF BEGINNING of the said centerline of Line 1; THENCE South 89°54'30" East along the said centerline of said Line 1, at a distance of 140.18 feet pass the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears South 40.62 feet, and continuing along the said centerline of Line 1 a total distance of 284.28 feet to an angle point; THENCE South continuing along the said centerline of Line 1, at a distance of 49.21 feet pass the POINT OF BEGINNING of LINE 2, at a distance of 134.45 feet pass the POINT OF BEGINNING of TAP E from which the POINT OF TERMINATION of said TAP E bears West 15.00 feet, at a distance of 216.88 feet pass the POINT OF TERMINATION of LINE 2, at a distance of 312.39 pass the POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D bears East 23.73 feet, and continuing along the said centerline of Line 1 a total distance of 383.59 feet to a point in the northerly line of an existing 10' utility easement for the POINT OF TERMINATION of said Line 1 from which a capped iron rod found in the north right-of-way line of Timber Creek Loop for the southeast corner of said Lot 2 bears South 59°30' 06" East 62.96 feet; Fittz&Shipman,Inc. Project No. 08344.0003wtresnt Plat&Description 1405 Cornerstone Court,* Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 EXHIBIT "A" EXHIBIT A LINE 2 BEGINNING at a point described in Line 1 above; THENCE East along the said centerline of said Line 2, at a distance of 65.35 feet pass the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears North 23.80 feet, and continuing along the said centerline of Line 2 a distance of 252.40 feet to an angle point; THENCE South continuing along the said centerline of Line 2, at a distance of 79.35 feet pass the POINT OF BEGINNING of TAP C from which the POINT OF TERMINATION of TAP C bears East 16.60 feet, and continuing along the said centerline of Line 2 a total distance of 167.67 feet to an angle point; THENCE West continuing along the said centerline of Line 2 a distance of 252.40 feet to a point in the above described centerline of Line 1 for the POINT OF TERMINATION of said Line 2; This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during March 2009. alter J. Ksiaz Registered Profession Land Surve No. 5321 P�saaroams¢a+.w W ••S VVALTER a,Y. N � z VY�yp�r Fittz&Shipman,Inc. Project No. 08344.0003wtresnt Plat&Description COMMENCING REMAINDER OF POINT MUSE LIMITED, INC LINE 1 CLERKS FILE NO 9809740,O.P R J C. (CALLED 62.29 ACRES) I FOUND ---' FOUND (BASIS '5 BEARINGS) CAPPED IPON CAR"" Lt L2 (CALLED S 89'54'30" 69648) I IRON ROD L3 S 89'54'30" E 696.48 I NOW OR FORMERLY --- r -- ---'- -- — ———— -- T '-.--- _ ELBER. COLLINS 140.18 Q� l a 144.09 I V TAP B s'BUILDING IINE VOL. 700,Pf,. 952,D.R.J.C. SITE G LUCA ION Q J 65 35 J 187.05 I `N Q i POINT OF j BEGINNING LINE 2 L6 N L 1 LINE 1 POINT OF �I I I NOW OR FORMERLY _ �=L 10' WIDE WATER LINE 1J I BEGINNING RONALD J. KIBODEAUX 9sa 7 - LINE EASEMENT I LINE 2 `v ^I IL9 VOL. 167a.Pc. 190,D.R.J.c C4 (5'/ (5' EACH SIDE L13 OF CENTERLINE) TAP E�I z ml J rTEIRMINATION INT OF TAP Cl C - 1 1 LOT 2, BLOCK 1 E 2 SIF,NNA TRAILS SUBDIVISION m a NOW OR FORMERLY NUMBER DIRECTION DISTANCE CLERKS Fit E NO.2008035975,O.P.R.J.C. INE 2 L70 I _ - RONALD B. MILLICAN L7 S 89'54'30" E 1062 ___ _ VOL. 1734,PG.57,OR.J.C. CALLED 5 89'54'30"E 6210 SIENNA TRAILS°RIVE —————— — 4 L2 S 19'45 45" W 5.31 POINT OF L3 S 89'54'30" E 284.28 TERMINATION L4 SOUTH 40.62 LINE 1 I I -- - L5 SOUTH 384.92 m IN 10' WIDE WATER I L11 L6 EAST 252.40 I, I LINE EASEMENT (5' EACH SIDE TAP D I NOW OR FORMERLY L7 NORTH 23.80 X I E.H. RICHARDSON L8 SOUTH 167.67 Lu CF OF CENTERLINE) I° VOL. 411,PG. 503,D.R.J.C. 1 I CAPPED _ L9 EAST 16.60 IRON ROO-� _ _ L10 WEST 252.40 Lit EAST 23.73 L12 S 59'30'06" E 62.96 aY LOT 1, BLOCK 1 L13 WEST 15.00 ti0 SIENNA TRAILS SUBDIVISION CLERKS FILE NO. 2111011171, O.P.R.J.C. FOUND APPED IRONROp SURVEYOR'S CERTIFICATION: 1 00 HEREBY CERTIFY, 70 DIE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION DURING MARCH 2009, F 1• �,• 0 SD 100 k �� `�r ��•' ISTE. q S C A L E • °�iEG ��'. °.� Fittz�Shipman 10' WIDE WATER LINE EASEMENT SHEET"° WALTER K5IAZEK ;WALTER J. K91AZEK REGISTERED PROFESSIONAL LA SURVEYOR N 21 INC. PROJECT NAME: THE GARDENS 0 NA 3 Coruv4urg.Engtileers and Land S'aveyon 6210 SIENNA T RIVE PROJECT No. 1405 CORNERSTONE COURT.BEAUMONT,TEXAS BEAUMONT, TEXA REVISED: 7-9-09 (909)832-7238 FAX(409)832-730J 08344.0003 DATE:6-2-09 G RICH WITH OPPORTUNITY r T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: August 4, 2009 REQUESTED ACTION: Consider a resolution appointing Lane Nichols as the hearing officer to preside over the appeals of the decision of the Chief of Police to suspend the permits of various towing companies. RECOMMENDATION Administration recommends approval of a resolution appointing Lane Nichols as the hearing officer to preside over the appeals of the decision of the Chief of Police to suspend the permits of various towing companies. BACKGROUND After an investigation of reported complaints of overcharging, the Chief of Police on July 21, 2009, caused to be delivered letters of suspension notifying various tow companies in town of their violation of the non-consent towing ordinance and the suspension of their permits as a result. Several towing companies have since filed appeals of the Chiefs decision to suspend their non- consent towing permits. Section 29-74 of the Code of Ordinances gives to the City Council the authority to hear the appeal or to select a hearing officer to preside at any appeal hearing. If the Council is so inclined, staff would recommend the appointment of Lane Nichols as the hearing officer in this instance. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Lane Nichols be and he is hereby appointed as the hearing officer to preside over the appeals of the decision of the Chief of Police to suspend the non-consent permits of various towing companies. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. - Mayor Becky Ames - H ;i 4 t WTI'?'H 0 11 N0kYI 1IT4" 1111EA. � 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: August 4, 2009 REQUESTED ACTION: Council consider authorizing the award of a contract for the purchase of lime slurry for use in the Public Works Department. RECOMMENDATION The administration recommends the award of a contract to Chemical Lime Co., of Houston in the estimated amount of$90,000. BACKGROUND Bids were requested for a six (6) month contract to provide approximately 600 tons of lime slurry to be used by the Public Works Department, Streets and Drainage Division. Lime slurry is used, in liquid form, to stabilize soil in road construction. Six (6) vendors were notified and two (2) responses were received. The bid response meets all product requirements listed in the bid package. The contract provides for Chemical Lime Co., to furnish lime slurry at the following fixed unit prices: Company Unit Price Total Estimated Cost Chemical Lime Co. $150/ton $90,000 U.S. Lime Co. $155/ton $93,000 BUDGETARYIMPACT Funds are budgeted in the Public Works Department's operating budget. RESOLUTION NO. WHEREAS, bids were solicited for a six-month contract for the purchase of lime slurry for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, Chemical Lime Co. of Houston, Texas, submitted a bid in the amount of$150 per ton for an annual estimated cost of$90,000: and, WHEREAS, City Council is of the opinion that the bid submitted by Chemical Lime Co. 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 Chemical Lime Co. of Houston, Texas,for a six-month contract for the purchase of lime slurry for use by the Public Works Department, Streets and Drainage Division, in the amount of$150 per ton for an annual estimated cost of$90,000 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY C T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER AUGUST 4, 2009 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 7-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from LI (Light Industrial)District to CBD (Central Business District) at the southwest corner of Neches and Crockett 2. Consider a request for a zone change from RS (Residential Single Family Dwelling)District to RM-H(Residential Multiple Family Dwelling-Highest Density)District at 2795 S. 8`' and 3265 Roberts 3. Consider a request to amend a specific use permit to allow the modification of the landscaping requirements for a school in an RS (Residential Single Family Dwelling) District at 8200 Hwy. 105 4. Consider a request to amend a specific use permit to allow the construction of an equipment shelter at the existing cell tower facility in an RS (Residential Single Family Dwelling) District at 360 E. Alma 5. Consider a request to amend a specific use permit to allow the deletion of the parking requirement for an apartment complex in the CBD (Central Business District) at 527 Forsythe 6. Consider a request to amend a specific use permit to allow the deletion of the parking requirement for an apartment complex in the CBD (Central Business District) at 620 Pearl 7. Consider a request to abandon a 50' x 172.10' portion of Austin Avenue, west of Central Drive 8. Consider approving Change Order No. 4 for the Calder Avenue Drainage Diversion and Pavement Improvement Project Phase I 9. Consider approving the purchase of twelve garbage trucks for use by the Solid Waste Division 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: Kenneth Allison v. Mustang Tractor Douglas Manning, et al v. City of Beaumont Claim of Edward Zachary * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Magistrate Theodore Johns Magistrate Terrence Holmes 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. RICH WITH OPPORTUNITY [IEA,[11�10111 T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager GSA PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 4, 2009 REQUESTED ACTION: Council consider a zone change from LI(Light Industrial) District to CBD (Central Business District) at the southwest corner of Neches and Crockett RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND The City of Beaumont Planning Division has applied for a zone change from LI to CBD. In April, 2(,'•09, City Council approved the rezoning of over 99 acres to CBD. Once the rezoning had occurred, it was noticed tbat a small portion of Block 18 and Tract A in the Van Former Additi- had been left out of the proposed CBD District. So that the subject property is zoned CBD like all the property surrounding it, staff is bringing the rezoning of this property forward to the Planning Commission and City Council for their consideration. At a Joint Public Hearing held July 27, 2009, the Planning Commission recommended approval 7:0 of a zone change from LI(Light Industrial) District to CBD (Central Business District) at the southwest corner of Neches and Crockett. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF NECHES AND CROCKETT, 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 LI (Light Industrial) District to CBD (Central Business District) for property located at the southwest corner of Neches and Crockett, being Lots 1-6, Tract 1, Block 18 and adjacent Tract A, Van Wormer Addition, City of Beaumont, Jefferson County,Texas, containing 0.66 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 of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. - Mayor Becky Ames - ile 1996-Z: Request for a zone change from LI (Light Industrial)District to CBD (Central Business District). Location: Southwest corner of Neches and Crockett Applicant: City of Beaumont Planning Division 0 50 100 200 300 400 Feet i i I I I I cBD Legend CBD ® 1996Z CBD ' LAUREL ST CBD CBD A'9 CBD CBD CBD Cg � 5 Odd` OG LI CBD CBD tis CBD CBD CBD CBD O � CBD �y CBD CBD �Q�� v CBD 9'A� ��,� CBD CBD S'j. CBD Sj• CBD CBD RCR CBD EXHIBIT "A" 2 August 4, 2009 Consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-H(Residential Multiple Family Dwelling-Highest Density)District at 2795 S. 8a' and 3265 Roberts RICH WITH OPPORTUNITY [11rCA, ( T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G)� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 4,2009 REQUESTED ACTION: Council consider a zone change from RS (Residential Single Family Dwelling)District to RM-H(Residential Multiple Family Dwelling-Highest Density)District at 2795 S. 8`�and 3265 Roberts RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND Spindletop MHMR Services has applied for a zone change from RS to RM-H. Gary Hidalgo,representing Spindletop M&vlR Services, states that 1VI1IlV R's properties at 2750, 2895 and 2725 S. b"are all zoned RM-H. This zone change would make thc: zoning of all of MHMR's properties consistent and would enable it to build 14 housing units on this site if HUD Section 811 funding is approved. At a Joint Public Hearing held July 27, 2009,the Planning Commission recommended approval 7:0 of a zone change from RS (Residential Single Family Dwelling)District to RM-H (Residential Multiple Family Dwelling-Highest Density)District at 2795 S. 8'and 3265 Roberts. BUDGETARYIMPACT None. I, 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2795 S. 8TH AND 3265 ROBERTS, 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 RM- H (Residential Multiple Family Dwelling - Highest Density) District for property located at 2795 S. 8th and 3265 Roberts, being Lot 5 and the East Y2 of and the South 177.5' of the West Y2 of Lot 6, the South 177.5' of Lot 7 and the South 180' of Lot 8, Block 11, Fourth Street Acres, City of Beaumont, Jefferson County, Texas, containing 1.33 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 of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. - Mayor Becky Ames - i File 1991-Z: Request for a zone change from RS (Residential Single Family Dwelling) istrict to RM-H(Residential Multiple Family Dwelling-Highest Density) District. ocation: 2795 S. 81' and 3265 Roberts pphcant: Gary Hidalgo representing Spindletop MMHMR Services 0 50 100 200 Feet Legend ® 19912 ft7R-S R-S ROBERTS ST RM-H o0 _ R-S N N RM-H RM-H FRANCES PL EXHIBIT "A" 3 August 4, 2009 Consider a request to amend a specific use permit to allow the modification of the landscaping requirements for a school in an RS (Residential Single Family Dwelling)District at 8200 Hwy. 105 RICH WITH OPPORTUNITY 11EA,11M011T 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: August 4, 2009 REQUESTED ACTION: Council consider an amended specific use permit to allow the modification of the landscaping requirements for a school in an RS (Residential Single Family Dwelling) District at 8200 Hwy. 105 RECOMMENDATION The Administration recommends approval of the amended specific use permit by not requiring the planting of the landscape buffer. BACKGROUND Southeast Texas Educational Foundation Trust(SEFT)has applied for an amended specific use permit to allow the modification of the landscaping requirements. In August, 1996, City Council approved a specific use permit to allow a private school on the subject property. In 2006, the Southeast Texas Educational Foundation Trust bought the school and is doing business as Legacy Christian Academy. Lyn Stevens,representing SEFT, states that for the coming school year,there is an immediate need for increasing classroom size for the 6`h Grade. SEFT desires to move in a portable multi- classroom building at a cost of$65,000. At the time of review of that building permit, staff realized that none of the perimeter landscaping had been done. The original specific use permit required the installation of trees along the 3,850 lineal feet of the eastern and western boundaries of the property. A 30'wide landscape buffer was to be installed along the eastern property line and a 70' wide landscape buffer was to be installed along the west property line. That requirement was not enforced at the time of the issuance of the initial certificate of occupancy. Mr. Stevens states that it now would cost the school over$41,000 for trees to cover the distance. SEFT is requesting a phasing of the landscaping installation with slightly smaller trees. At a Joint Public Hearing held July 27, 2009, the Planning Commission recommended approval 6:1 of an amended specific use permit at 8200 Hwy. 105 subject to the following conditions: • Trees shall be planted along the west boundary line, beginning 250 feet from the front property line along Hwy. 105 and extending a distance of 400 feet. This planting shall occur between December, 2009 and February, 2010. • Class A trees will be a minimum of 1.5" caliper. Class B trees will be a minimum of 5' in height. • After the initial planting of trees along the western boundary line,trees shall be planted along the east and west boundary lines at a total annual rate of 400 feet. The original buffer was to be planted to provide protection from excessive light, noise, etc. for the adjacent neighbors. However,the buffer that now exists has been found to be adequate. As the school expands and additional specific use permits may be required, additional buffering may be needed at that time. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO SOUTHEAST TEXAS EDUCATIONAL FOUNDATION TRUST TO ALLOW MODIFICATION OF LANDSCAPING REQUIREMENTS FOR A SCHOOL IN AN RS(RESIDENTIALSINGLE FAMILYDWELLING)DISTRICTAT8200 HIGHWAY 105. WHEREAS,on September 3, 1996, City Council approved Ordinance 96-44 issuing a specific use permit to Cathedral in the Pines Christian Center, Inc., to allow a church- sponsored high school in an area zoned RS (Residential Single Family Dwelling) District located on Highway 105, being tracts 1, 2 and 3, Tax Plat RS-5, D. Easley Survey, Abstract 20, Beaumont, Jefferson County, Texas; and, WHEREAS, on December 3, 1996, City Council approved Ordinance No. 96-71 amending Ordinance 96-44 to allow the temporary use of portable classroom buildings at the high school site, to alter the driveways and parking lot scheme and locations of proposed permanent school buildings and to allow the addition of a practice field north of I the permanent buildings; and WHEREAS, the applicant, Southeast Texas Educational Foundation Trust, successor in interest, wishes to amend the specific use permit to allow modification of the landscaping requirements for the school at 8200 Highway 105, being Tracts 277, 278 and part of Tract 65, Plat RS-5, D. Easley Survey, City of Beaumont, Jefferson County, Texas, containing 43.5 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 modification of the landscaping requirements for the school at 8200 Highway 105; 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, subject to the i hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance No. 96-71 be amended by amending the specific use permit originally granted to Cathedral Christian School, their legal representatives, successors, and assigns, Southeast Texas Educational Foundation Trust, for that certain tract shown on Exhibit "A" attached hereto and made a part hereof for all purposes, to allow modification of the landscaping requirements for the school at 8200 Highway 105 subject to the following conditions: • Trees shall be planted along the west boundary line, beginning 250 feet from the front property line along Hwy. 105 and extending a distance of 400 feet. This planting shall occur between December, 2009 and February, 2010. • Class A trees will be a minimum of 1.5" caliper. Class B trees will be a minimum of 5' in height. • After the initial planting of trees along the western boundary line, trees shall be planted along the west boundary line at a total annual rate of 400 feet. 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 96-71 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 4th day of August, 2009. - Mayor Becky Ames - r: Request for an amended specific use permit to allow the modification of the g requirements for a school in an RS(Residential Single Family Dwelling) 200 Highway 105 Southeast Educational Foundation Trust 0 50 00 200 300 400 Feet SP11RL-OC--K-R Legend ® 594BA N WINDEMERE-DR Hq�FH 0 R WIND MEADOW-DR SOMMERVILLE CIR O Z Z m v � pQ- CARRIE LN �� WVVI( 105 TOLIVAR RD ` m 0 0 3 J.ILL_LN m Z Z EXHIBIT "A" . ,v od ae SG-w3/2%Z5• ,Vo0 oZ'"'►vG 96.7Z' - 79Z.75' •• -- , Y I f I i s i i � I i i � � � � `••`` F _; y'I- _ i ------j _ L�f - o F• J- 5 q� ,� i t � - � �-9 � •zyyy5 7w N M � S / x G 0 ` c y as p,, -+ v 3 / ! N U�Q }9 CQ11 Q., ' I W -�-e—'r.• B✓�z vra°s i F1 I I � F"] 0 Trees shall be planted along the west boundary line,beginning 250 feet from the front property line tdn _ along Hwy. 105 and extending a distance of 400 feet- This planting shall occur between December, 2009 and February,2010. e- Class A trees will be a minimum of 1.5"caliper. Class B trees will be a minimum of 5'in height. X11 t' After the'�itial planting of trees along the western boundary line,trees shall be planted along the east and west boundary lines at a total annual rate of 400 feet. 4 August 4, 2009 Consider a request to amend a specific use permit to allow the construction of an equipment shelter at the existing cell tower facility in an RS (Residential Single Family Dwelling) District at 360 E. Alma i i i RICH WITH OPPORTUNITY [I I'Lo ► � T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 4, 2009 REQUESTED ACTION: Council consider an amended specific use permit to allow the construction of an equipment shelter at the existing cell tower facility in an RS (Residential Single Family Dwelling)District RECOMMENDATION The Administration recommends approval of the amended specific use permit subject to the following conditions: • A five(5)foot building setback for the equipment shelter must be adhered to along the east property line. • An eight(8)foot tall chain link fence with inserted slats shall be constructed along the eas*and north sides of the property along with a gate on the north side. • The fence surrounding the property shall be maintained. BACKGROUND Verizon Wireless has applied for an amended specific use permit to allow the construction of an equipment shelter at an existing cell tower facility owned by S.M.R. Systems, Inc. In August, 1995, City Council approved a specific use permit to allow this cell tower. The property had been used by Southwestern Bell for equipment storage and as a regulator station since the 1960's. Shep Poland, representing Verizon Wireless, states that Verizon needs to add a cell tower site in this area of Beaumont in order to provide service to its customers. Verizon would prefer to utilize the existing tower rather than construct a new tower. In order to expand usage of the tower, an equipment shelter must be placed at the existing facility to house radio equipment. The proposed shelter is 11'8" x 28'. The shelter is unmanned but will be visited by technicians approximately 5 to 7 times per month during regular business hours. The shelter is monitored from a remote location for entry,temperature and equipment malfunction. The equipment shelter would be constructed on the lease area, north of the cell tower location. Within the existing cell tower compound,there is a monopole tower, equipment cabinets and diesel generator. An 8'tall wood fence exists along the west and south lines of the lease area. At a Joint Public Hearing held July 27, 2009, the Planning Commission recommended approval 7:0 of an amended specific use permit at 360 E. Alma subject to the following conditions: • A five (5) foot building setback for the equipment shelter must be adhered to along the east property line. • An eight(8) foot tall chain link fence with inserted slats shall be constructed along the east and north sides of the property along with a gate on the north side. • The fence surrounding the property shall be maintained. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO VERIZON WIRELESS TO ALLOW THE CONSTRUCTION OF AN EQUIPMENT SHELTER AT THE EXISTING CELL TOWER FACILITY IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 360 E. ALMA, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on August 29, 1995, City Council approved Ordinance No. 95-52 issuing a specific use permitto S.M.R. Systems, Inc., to allowthe construction of a cellular communications transmission tower on property zoned RS (Residential Single Family Dwelling) District located at 360 E. Alma, Beaumont, Jefferson County, Texas; and, WHEREAS, Verizon Wireless, Applicant, wishes to amend the specific use permit to allow the construction of an equipment shelter at the existing cell tower facility owned by S.M.R. Systems, Inc., at 360 E. Alma, being Lot 5, Block 1, Lucian Harris Addition, City of Beaumont, Jefferson County, Texas, containing 0.215 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 the construction of an equipment shelter at the existing cell tower facility at 360 E. Alma; 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, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance No. 95-52 be amended by amending the specific use permit granted to S.M.R. Systems, Inc., their legal representatives, successors, and assigns forthat certain tract shown on Exhibit "A" attached hereto and made a part hereof for all purposes, to allow the construction of an equipment shelter at the existing cell tower facility at 360 E. Alma, subject to the following conditions: • A five (5) foot building setback for the equipment shelter must be adhered to along the east property line. • An eight (8) foot tall chain link fence with inserted slats shall be constructed along the east and north sides of the property along with a gate on the north side. • The fence surrounding the property shall be maintained. 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 96-77 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 4th day of August, 2009. - Mayor Becky Ames - ile 1 9 : Request for an amended specific use permit to allow the construction of an equipment shelter at the existing cell tower facility in an RS (Residential Single Family Dwelling)District. Location: 360 E. Alma Applicant: Shep Poland Realty 0 50 100 200 Feet Legend GC=MD ® 1995P Li R-S tS�� lop� GC-MD G� ti E ALMA ST GC MD R-S GC-MD E THREADNEEDLE ST M - m R-S c R-S N EXHIBIT "A„ VERIZON WIRELESS 5' UTILITY EASEMENT LESSEE'S U.C. TELCO. I VERIFY SOURCE POINT t } i WITH LOCAL PROVIDER, ACCESS EASEMENT I l LESSEE'S UNDERGROUND 24 POWER CONDUIT(80't) k 23' UNK — k LESSEE'S 8' CHAIN -� FENCE w/3-STRANDS 1 OF B.W. AT TOP, l ' a w ---- LESSEE'S UNDERGROUND f 11, 1 1 I POWER k TELCO 1 i I i j CONDUITS 1 , ti 1 ' l I ' 1 I 4� � r-� 1 II � LESSEE 24'X 35'LEASE 01 I, AREA T0.BE ACQUIRED ` I�` ' FROM THAD PARTY 2 I � r I ` 1 I I V f I{ l r 1 REMOVE l EXISTING a FENCE C.'s w T 1 dICTfR 01'NE'RAroTr- LEI SEE'S 24 a I ICE BRIDGE Ii IN L 3' HIDE: N CA•J.S'Ti CONCRCfr PAD N V U1 $ &f0 .'bICNT CA81N11i:4- 1 1 EX LUSNE - �-- ` 3' EA MENT a ! lCNr.Z••�'� I f.-1'1;wVr: q 1... l 1 2.41 ` I£-trST.N1J G-CA rf �� 1 >I ) IN 4XISRNG CRA P6r DOit2 our rOAZWA sr•_._ 4 APPROVED'. ILA- .—..a_ . --.�'r-.~-•r•-----\e'_ 'r �5,".1 x I PM,i. a t 1��•�7009 SyD a Pow. / w 4 LESSEE SITE — ISABEL �fX,sr;NC z�-ro'Xza-,o° OVERALL SITE PLAN, REV, 2 1-4-NCCD CO3WPa,1ND 10 s o 06-03-09 10 NOTES: SCALE: 1x 10'-0" 1. CONTRACTOR IS 70 REPAIR ALL DAMAGE RESULTING Approvals: FROM CONSTRUCTION BACK TO PRE-CONSTRUCTION CONDITION AT COMPLETION OF WORK. - Le9w: Dot 2. CONTRACTOR SHALL COORDINATE SITE ACCESS TIMES MAoq,: D t .' AND EOUIPMENT STAGING LOCATION WITH LAND LORD. J. ICE-BRIDGE LENGTH SHOWN IS RELATIVE, LENGTH AND E4Ulp Env- Do* EXACT ALIGNMENT WITH SHELTER MAY VARY FROM conw.: DO: DRAWING DIMENSIONS, ICE-BRIDGE WILL APPROACH TOWER AS SHOWN. Landkwd. of • A five(5)foot building setback for the equipment shelter must be adhered to along the east property Be. • An eight(8)foot tall chain link fence with inserted slats shall be constructed along the east and north sides of the property along with a gate on the north side. • The fence surrounding the property shall be maintained. EXHIBIT "B" 5 August 4, 2009 Consider a request to amend a specific use permit to allow the deletion of the parking requirement for an apartment complex in the CBD (Central Business District) at 527 Forsythe RICH WITH OPPORTUNITY [IEA,[11�10111 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: August 4, 2009 T'TQUESTED ACTION: Council consider an mended specific use permit to allow the deletion of the parking requirement for an apartment complex in the CBD (Central Business District) at 527 Forsythe RECOMMENDATION The Administration recommends denial of the amended specific use permit. BACKGROUND Beaumont Downtown Lofts, L.P. has applied for an amended specific use permit to allow the deletion of the parking requirement. In March, 2007, Beaumont Downtown Lofts received a specific use permit to allow apartments subject to providing and maintaining 1.5 off-street parking spaces per unit. Mark Watler, representing Beaumont Downtown Lofts, states that the developer of this property incurs a burdensome additional cost because of this parking requirement. The developer entered into a parking facility lease with GP Realty and Management,Inc. for 29 parking spaces in an existing parking lot at 468 Forsythe. To date,a total of$29,890.00 has been spent on leasing those spaces to provide off-street parking for both 527 Forsythe and 620 Pearl. The apartment building is now complete. Tenants began moving into the Antioch Church Building in February, 2009. Mr. Watler states that the owner faces the prospect of having to pay the sum of $15,660 per year indefinitely as basic rental charges for the parking spaces covered under the lease if the owner is not relieved of the obligation to provide such additional off-street spaces and if the rental charges remain unchanged in future renewals of the lease. The termination date for the present lease is December 31,2009. Mr. Watler contends that the project has not introduced substantial new traffic into the area that could impede traffic flow, since the former Antioch Church Building has 8 units. Mr. Watler states that since the tenants have moved in,the property manager has observed that the leased spaces at 468 Forsythe are rarely used. To date,Mr. Watler states that there have been no complaints regarding parking. At a Joint Public Hearing held July 27, 2009, the Planning Commission recommended denial 7:0 of an amended specific use permit at 527 Forsythe. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO BEAUMONT DOWNTOWN LOFTS, L.P., TO ALLOW THE DELETION OF THE PARKING REQUIREMENT FOR AN APARTMENT COMPLEX IN THE CBD (CENTRAL BUSINESS DISTRICT) AT 527 FORSYTHE. WHEREAS, on March 27, 2007, City Council approved Ordinance 07-036 issuing a specific use permit to Beaumont Downtown Lofts, Ltd., to allow a 28-unit apartment building with 1500 square feet of commercial space in a CBD (Central Business District) located at 620 Pearl Street, Beaumont, Jefferson County, Texas; and, WHEREAS, the applicants, Beaumont Downtown Lofts, Ltd., wish to amend the specific use permit to allow the deletion of the parking requirement for an apartment complex at 527 Forsythe, being Lot 412, Block 57, Original Townsite of Beaumont, City of Beaumont, Jefferson County, Texas, containing 0.165 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 the deletion of the parking requirement for an apartment complex in the CBD (Central Business District) for property located at 527 Forsythe; 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 07-036 be amended by amending the specific use permit granted to Beaumont Downtown Lofts, Ltd., 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 the deletion of the parking requirement for an apartment complex for property located at 527 Forsythe. 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 4th day of August, 2009. - Mayor Becky Ames - File 1992- : Request for an amended specific use permit to allow the deletion of the parking requirement for an apartment complex in the CBD (Central Business District). Location: 527 Forsythe Applicant: Bill Scantland for the Landmark Group 0 50 100 200 Feet I i I i Legend CBD CBD ® 1992P FP# Q`5 �O .09 CBD s), CBD 1< CBD yFCy CBD CB Fs 5� y�P CBD CBD EXHIBIT "A" Barra or'a Flsld Note Doorl tloe Dotal) :A' Block No.57 �frrs.) R rriff r I 9 — — Fors theS treat __ /.� ALrAiACatd t.ad rut. a.r.., W r-_„ ALTA�ACS Laed rud Barre Vicinity Ma _ s _Mw La oad of Sp-DIN t AiirerlLtloaa Otlllt Netse d � Statement of leereeeimsote FLam NniE:ter".., .-I N.rN4 N•.Y rr.+� �i ne v.... rai/e A Note, s*� ror r C 6 August 4, 2009 Consider a request to amend a specific use permit to allow the deletion of the parking requirement for an apartment complex in the CBD (Central Business District) at 620 Pearl RICH WITH OPPORTUNITY [IEA,111�1011T 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: August 4, 2009 REQUESTED ACTION: Council consider an amended specific use permit to allow the deletion of the parking requirement for an apartment complex in the CBD (Central Business District)at 620 Pearl RECOMMENDATION The Administration recommends denial of the amended specific use permit. BACKGROUND Beaumont Downtown Lofts, L.P. has applied for an amended specific use permit to allow the deletion of the parking requirement. In Marc;, 2007, Beaumont Downtown Lofts received a specific r e permit to allow apartments subject to providing and maintaining 1.5 off-street parking spaces per unit. Mark Watler, representing Beaumont Downtown Lofts, states that the developer of this property incurs a burdensome additional cost because of this parking requirement. The developer entered into a parking facility lease with GP Realty and Management,Inc. for 29 parking spaces in an existing parking lot at 468 Forsythe. To date,a total of$29,890.00 has been spent on leasing those spaces to provide off-street parking for both 527 Forysthe and 620 Pearl. The apartment building is now complete. Tenants began moving into the Neches Electric Building in December,2008. Mr. Watler states that the owner faces the prospect of having to pay the sum of $15,660 per year indefinitely as basic rental charges for the parking spaces covered under the lease if the owner is not relieved of the obligation to provide such additional off-street spaces and if the rental charges remain unchanged in future renewals of the lease. The termination date for the present lease is December 31,2009. Mr. Watler contends that the project has not introduced substantial new traffic into the area that could impede traffic flow, since the former Neches Electric Building has 28 units. Mr. Wader states that since the tenants have moved in,the property manager has observed that the leased spaces at 468 Forsythe are rarely used. In addition,the property manager has observed that the on- site parking behind the former Neches Electric Building normally provides enough spaces for the residents. To date,Mr. Watler states that there have been no complaints regarding parking. At a Joint Public Hearing held July 27, 2009, the Planning Commission recommended denial 7:0 of an amended specific use permit at 620 Pearl. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO BEAUMONT DOWNTOWN LOFTS, L.P., TO ALLOW THE DELETION OF THE PARKING REQUIREMENT FOR AN APARTMENT COMPLEX IN THE CBD (CENTRAL BUSINESS DISTRICT) AT 620 PEARL STREET. WHEREAS, on March 27, 2007, City Council approved Ordinance 07-036 issuing a specific use permit to Beaumont Downtown Lofts, Ltd., to allow a 28-unit apartment building with 1500 square feet of commercial space in a CBD (Central Business District) located at 620 Pearl Street, Beaumont, Jefferson County, Texas; and, WHEREAS, the applicants, Beaumont Downtown Lofts, Ltd., wish to amend the specific use permit to allow the deletion of the parking requirement for an apartment complex at 620 Pearl, being Lots 196-197 and parts of Lots 198 and 207, Block 40, Original Townsite of Beaumont, City of Beaumont, Jefferson County, Texas, containing 0.504 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 the deletion of the parking requirement for an apartment complex in the CBD (Central Business District) for property located at 620 Pearl; 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 07-036 be amended by amending the specific use permit granted to Beaumont Downtown Lofts, Ltd., 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 the deletion of the parking requirement for an apartment complex for property located at 620 Pearl. 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 4th day of August, 2009. - Mayor Becky Ames - File 1993-P: Request for an amended specific use permit to allow the deletion of the parking requirement for an apartment complex in the CBD (Central Business District). Location: 620 Pearl Applicant: Bill Scantland for the Landmark Group 0 50 100 200 Feet I i I I Legend ® 1993P CBD CBD 4 5� t�P CBD CBD 0 �F s� �O CBD CBD 02 CBD CBD O EXHIBIT "A" t } „l, 1181HX3 u�nn ••.■a•zQG 1, I lee Ir ' w w w t �m pp3 N i iN q. 44,. I I I I I R Q 1 . I f wt I I t s _ r Q �So b v r°p ? ' F i j r {QD i FNatt fig ftt 3I ttt ft:ftiFEFE�t pit[tit►E r�p °• 1p if MR,l' •E ltirF� i l N 1. tIr F•llr .irhr Eu .Wr F b tr b.E 1 L II ( p L HH L[►`t t(;t� 1 e .t 4et 5! t f i II f� t 4 �t N1tt rk= �I t t JL ey • � �t �t �t �tt it tt tl tt r �.r ititt !t +r 7 August 4, 2009 Consider a request to abandon a 50'x 172.10' portion of Austin Avenue, west of Central Drive RICH WITH OPPORTUNITY [I I'Lo . � T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Cs3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 4, 2009 REQUESTED ACTION: Council consider an abandonment of a 50'x 172.10' portion of Austin Avenue, west of Central Drive RECOMMENDATION The Administration recommends approval of the abandonment subject to the following condition: • The applicant shall provide DD#6 with written approval allowing, at their discretion, access to its ditch located on the west end of the abandonment. BACKGROUND Hart Green has applied for an abandonment of a 50' x 172.10'portion of Austin Avenue,west of Central Drive. Mr. Green states that he owns the properties north and south of the subject right-of-way. He has spoken with DD#6 and has received approval from them regarding this abandonment subject to giving DD#6 written approval allowing, at their discretion,access to their ditch. At a Public Hearing held July 27, 2009, the Planning Commission recommended approval 7:0 of an abandonment of a 50'x 172.10'portion of Austin Avenue, west of Central Drive subject to the following condition: • The applicant shall provide DD#6 with written approval allowing, at their discretion, access to its ditch located on the west end of the abandonment. BUDGETARY IMPACT None. WELLER, GREEN, TOUPS & TERRELL, L.L.P. Attorneys at Law MITCHELL A.TOUPS, LTD..+ Beaumont Office: EDWARD H. GREEN' B.ADAM TERRELL, P.C.--+ BANK OF AMERICA TOWER Of Counsel E.HART GREEN 2615 CALDER STREET,SUITE 400 STEVEN C.TOUPS, P.C. BEAUMONT,TX 77702 GEORGE A.WELLER GILES R.KIBBE (Principal Office) (1911-1986) 'BOARD CERTIFIED Mailing Address: PERSONAL INJURY TRIAL LAW AND CIVIL TRIAL LAW POST OFFICE BOX 350 TEXAS BOARD OF LEGAL SPECIALIZATION BEAUMONT, TX 77704 +BOARD CERTIFIED CIVIL TRIAL LAW NATIONAL BOARD OF TRIAL ADVOCACY (409)838-0101 Houston: (713)626-1126 "BOARD CERTIFIED PERSONAL INJURY TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION Sender's Fax: (409)832-7823 June 26, 2009 To Whom It May Concern: ADDENDUM TO ABANDONMENT REQUEST I have spoken to DD-6 through its counsel (Thad Heartfield) regarding my request for the abandonment of Austin Avenue 50' R.O.W. line of Central West 171.8 feet and the effect on DD-6's current easement. I assured DD-6, in writing, that I would continue to allow them access at their discretion. I have confirmed that DD-6 does not oppose my request for abandonment, subject to our agreement to allow DD-6 access. Therefore, all property owners of all properties abutting the proposed abandonment noted have signed off on the agreement/"application Ownershia List", and DD-6 does no- oppose the abandonment. Sinc ely, Ha Green 2115 entral Beaumont, Texas 77702 HG:ddl i ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 50' x 172.10' PORTION OF AUSTIN AVENUE, WEST OF CENTRAL DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 50' x 172.10' portion of Austin Avenue, beginning at the west right-of-way line of i Central Drive and extending in a westerly direction a distance of 172.10', City of Beaumont, Jefferson County, Texas, containing 0.197 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same is hereby vacated and abandoned, subject to the adjacent property owner, Hart Green, his successors or assigns, providing DD#6 with written approval allowing, at their discretion, access to its ditch located on the west end of the abandonment, and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. - Mayor Becky Ames - File 74 B: Consider a request for an amendment of a 50' x 17110' portion of Austin Avenue cation:West of Central Drive and dead-ends at a DD#6 ditch Applicant: Hart Green 0 50 100 200 300 400 Feet I i I I I I Legend ® 7480B R=S R-S R-S 70 0 z n R- -� r r n r X c 0 RS AUSTIN ST D N v 7D R- N W R. p rn R-S R-S R R- EXHIBIT "A" R-S 8 August 4, 2009 Consider approving Change Order No. 4 for the Calder Avenue Drainage Diversion and Pavement Improvement Project Phase I RICH WITH OPPORTUNITY r 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: August 4, 2009 REQUESTED ACTION: Council consider a resolution authorizing approval of Change Order No. 4 for the Calder Avenue Drainage Diversion and Pavement Improvement Project Phase I. RECOMMENDATION Administration recommends approval of Change Order No. 4 in the amount of$216,283.10, for adding construction item quantities to the Calder Avenue Drainage Diversion and Pavement Improvement Project Phase I. BACKGROUND On June 10, 2008, City Council awarded Reytec Construction Resources, Inc. the contract for the Calder Avenue Drainage Diversion and Pavement Improvement Phase I Construction Project in the amount of$23,733,567.95 and authorized the execution of Change Order No. 1 in the amount of($59,762.39)reducing the contract amount to $23,673,805.56. Change Order No. 2 was issued to add and delete construction item quantities for roadway and drainage system improvements in the amount of$45,620.40 increasing the contract to $23,719,425.96. Change Order No. 3 was issued to add construction item quantities for roadway and water system improvements in the amount of$11,091.00 increasing the contract amount to $23,730,516.96. Change Order No. 4 is required to add and delete construction item quantities for roadway, water and sewer system improvements and the resurfacing of the Fire Museum parking lot to the contract. This Change Order in the amount of$216,283.10 will increase the contract amount to $23,946,800.06. A copy of the change order is attached. BUDGETARY IMPACT Funds are available in the Capital Program. Ca1deiCC0#4cg.wpd CITY OF BEAUMONT DATE: July 15,2009 PROJECT: Calder Avenue Drainage Diversion and Pavement Improvement Project OWNER: City 01 Beaumont CONTRACTOR: Reyter Construction Resources Inc. CHANGE ORDER NO.: 04 THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Add Construction Items and/or quantities to the Contract: Item No. Item Ori Ina, New Unit Code Description unit g Amount Quantity Quantity Price 610 001 12 FIBERGLASS LAMP POLE COMPLETE(INC.ELEC. WIRINGS)(SINGLE FIXTURES) EA 96 0 $1,480.00 -$142,080.00 610 003 12'FIBERGLASS LAMP POLE COMPLETE(INC.ELEC. WIRINGS)(SGLE FIXTURES)(LATEST ENTERGY SPEC) EA 0 96 $2,100.00 $201,60000 529 001 CONCRETE CURB AND GUTTER LF 0 118 $22045 $2,649.10 529 004 CONCRETE WHEEL STOP EA 0 32 $150.00 $4,800.00 666 017 HANDICAP SYMBOL EA 0 5 $210.00 $1,050.00 666 016 PREFABWORD"ONLY" EA 0 6 $32500 $1,950400 666 019 PREFAB WORD"NO EXIT" EA 0 I E325 00 §325.00 644 008 Remove&Relocate Stym EA 0 2 $135.00 $270.00 0 74 1°Wet Connection $79200 EA 0 13 $249600 75 2"Wet Connection EA 0 7 1 $244.00 $1,708.00 810 76 Tie Into Exisfin Force Main EA o 2 $1,804.00 810 77 18"D.I.San Sewer Force Main Incl Fittings and B ass LF 0 $3,608.00 2505 78 Remove Existin Force Main - 900 $131.79 $118,60700'0. LF 0 250 $10.00 $2,500.00 79 Remove&Re lace Sidewalk Pavers SF 0 3360 $5.00 16,800.00 ADD TOTAL AMOUNT ,283.10 ORIGINAL CONTRACT AMOUNT: $23,733,567.95 NET FROM PREVIOUS CHANGE ORDERS: ($3,050.99) TOTAL AMOUNT OF THIS CHANGE ORDER: $216,283.10 PERCENT OF THIS CHANGE ORDER: 0.91% TOTAL.PERCENT CHANGE ORDER TO DATE: 0.90 NEW CONTRACT AMOUNT: 523,946,800.06 CONTRACT CALENDAR DAYS NOT EFFECTED BY THIS CHANGE ORDER ACCEPTED BY: CONTRACTOR APPROVED BY: JORIS P.COLBERT,CITY KYLE HAYES,CITY MANAGER TOM WARNER,DIRECTOR OF ATTESTED BY: TINA BROUSSARD,CITY CLERK RESOLUTION NO. WHEREAS, on June 10, 2008, the City Council of the City of Beaumont, Texas, passed Resolution No. 08-174 awarding a contract in the amount of $23,733,567.95 to Reytec Construction Resources, Inc., of Houston, Texas, for a contract for the Calder Avenue Drainage Diversion and Pavement Improvement Project (Phase 1); and, WHEREAS, Change Order No. 1 in the amount of (-$59,762.39) was required to add and delete construction item quantities for roadway and water system improvements to the contract, thereby decreasing the contract amount to $23,673,805.56; and WHEREAS, Change Order No. 2 in the amount of$45,620.40 was required to add and delete construction item quantities for roadway and drainage system improvements to the contract, thereby increasing the contract amount to $23,719,425.96; and, WHEREAS, Change Order No. 3 in the amount of$11,091.00 was required to add construction item quantities for roadway and water system improvements to the contract thereby increasing the contract amount to $23,730,516.96; and WHEREAS, Change Order No.4 in the amount of 216,283.10 is required to add and delete construction item quantities for roadway and water and sewer system improvements and the resurfacing of the Fire Museum parking lot,thereby increasing the contract amount to $23,946,800.06. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute Change Order No. 4 in the amount of $216,283.10, thereby increasing the contract amount to $23,946,800.06. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. - Mayor Becky Ames - I 9 August 4, 2009 Consider approving the purchase of twelve garbage trucks for use by the Solid Waste Division IIICH " I ' ll vYYUKTLNITY 1111,A,111�lcl 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: August 4, 2009 REQUESTED ACTION: Council consider approving the purchase of twelve garbage trucks for use by the Solid Waste Division. RECOMMENDATION The administration recommends approval of the purchase from Chastang's Bayou City Autocar of Houston in the amount of$2,891,824. BACKGROUND Pricing for twelve (12) garbage trucks with automated side loaders was obtained through a BuyBoard contract. BuyBoard is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. BuyBoard complies with the State of Texas procurement statutes. The new trucks will be replacing units that are seven (7) years old. The age and mileage of the older units render them unfit for continued use, and they will be disposed of according to the City's surplus equipment disposal policy. Cost per truck is $240,952. There will be a BuyBoard fee of$400. The basic warranty provided is four (4) years for the engine and transmission. Warranty work will be performed by Smart's Truck and Trailer Equipment of Beaumont. Delivery is estimated at 180 to 210 days. BUDGETARY IMPACT Six (6) of the twelve (12) new trucks will be paid for with cash available in the Solid Waste Fund. The remaining six (6) will be financed through a lease purchase agreement upon delivery. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of twelve (12) autocars with automated side loaders for use by the Clean Community Division from Chastang's Bayou City Autocar of Houston, Texas, in the amount of $2,891,824 through the BuyBoard Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. - Mayor Becky Ames -