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Home My WebLink AboutPACKET OCT 25 2011 slow VITA OPPORTUNITY BEAUWW REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 25,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—October 18, 2011 * Confirmation of committee appointments Rick. VIr WITx arpoalrUNIW BM* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 25,2011 1:30 PAL AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition—Receive information from OGM Land Company * Public Comment: Persons may speak on scheduled agenda items 4-8/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from IR(Heavy Industrial)District to GC. MD(General Commercial-Multiple Family Dwelling)District at 1585 Calder 2. Consider a request for a specific use permit to allow a convenience storelps station in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District at 5112 Martin Luther King,Jr. Parkway South 3. Consider a request for an amended specific use permit to allow an expansion of church parking in an RM-H(Residential Multiple Family Dwelling Highest Density)District at 5910 N. Major Drive 4. Consider accepting the Certified Roll Jurisdiction Summary of the tax roll for the tax year 2011 (Fiscal Year 2012) 5. Consider authorizing the purchase of a fire station alerting system 6. Consider amending Chapter 22, Section 22.05.211 (b)of the City Code of Ordinances regarding Solid Waste collection and removal charges 7. Consider amending Section 2.03.075 of the Code of Ordinances by adding a Grade III(Lieutenant)position from 14 to 15 and reducing a Grade II(Sergeant) position from 44 to 43 in the Beaumont Police Department 8. Consider granting a new solid waste collection and transportation service franchise WORKSESSION * Review and discuss potential projects to be funded with Hurricane Ike Disaster Recovery Funds(Round II,Phase II) COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 October 25,2011 Consider a request for a zone change from HI(Heavy Industrial)District to GC-MD (General Commercial-Multiple Family Dwelling)District at 1585 Calder RICH WITH OPPORTUNITY BEAUMON* 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: October 25, 2011 REQUESTED ACTION: Council consider a request for a zone change from HI (Heavy Industrial)District to GC-MD (General Commercial-Multiple Family Dwelling)District at 1585 Calder. RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND George Newsome,representing Soutex Surveyors, Inc.,has applied for a zone change. The subject property is zoned HI while the rest of the owners' property is zoned GC-MD. Mr. Newsome states that the property owners wish to have all of their property at the southwest corner of Calder and Martin Luther King,Jr. Parkway under the same zoning classification. This will allow the property to be developed with uniform building setbacks. At a Joint Public Hearing held October 17, 2011,the Planning Commission recommended approval 7:0 of the zone change to GC-MD District. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 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 HI (HEAVY INDUSTRIAL) DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 1585 CALDER AVENUE, 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 28 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 28.01.005(b)thereof, is hereby amended by changing the zoning of property presently zoned HI (Heavy Industrial) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 1585 Calder Avenue, City of Beaumont, Jefferson County,Texas, being Lots 5 and 6, Block 11, Calder Addition, City of Beaumont, Jefferson County, Texas, containing 0.344 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 28 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 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of October, 2011. - Mayor Becky Ames - y File 2109- : Request for a zone change from HI(Heavy Industrial) District to GC-MD General Commercial-Multiplefamily Dwelling)District or more restrictive district Location: 1585 Calder Applicant: Soutex Surveyors, Inc. 0 100 200 I I 1 Feet Legend ® 2109Z R.C. H LI G -MD C-M'D ]GC-- CALDER AVE 3 GC-MD LL. zr G MD H:I C-M:D m HI -v BROADWAY ST 'R -H RHI GC-MID GC- D EXHIBIT "A" 2 October 25,2011 Consider a request for a specific use permit to allow a convenience store/gas station in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 5112 Martin Luther King, Jr. Parkway South RICH WITS OPPORTUNITY BEAUMON* 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: October 25, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a convenience store/gas station in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 5112 Martin Luther King, Jr. Parkway South. RECOMMENDATION The Administration recommends approval subject to the following condition: 1. The proposed sidewalk will be extended along the southeast comer of the subject property. BACKGROUND C-Store GDP, LLC has applied for a specific use permit. The subject property was the site of a vacant night club building that has since been demolished. Phase I of the proposed development will include a 3,560 sq. ft. convenience store and five two- sided pump stations. Phase II will include two diesel bays and a driveway that will extend from Vermont to Florida. In Phase I, the property will be accessed by two driveways on Martin Luther King, Jr. Parkway and one driveway on Florida. At a Joint Public Hearing held October 17, 2011,the Planning Commission recommended approval 7:0 of the specific use permit subject to the following condition: 1. The proposed sidewalk will be extended along the southeast corner of the subject property. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CONVENIENCE STORE/GAS STATION IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT AT 5112 MARTIN LUTHER KING, JR. PARKWAY SOUTH IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, C-Store GDP, LLC has applied for a specific use permit to allow a convenience store/gas station in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 5112 Martin Luther King, Jr. Parkway South, being Lots 7-15, Block 40, Lamar Addition, City of Beaumont, Jefferson County, Texas, containing 1.36 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a convenience store/gas station in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 5112 Martin Luther King, Jr. Parkway South; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the following condition; • The proposed sidewalk will be extended along the southeast corner of the subject property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a convenience store/gas station in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 5112 Martin Luther King, Jr. Parkway South, being Lots 7-15, Block 40, Lamar Addition, City of Beaumont, Jefferson County, Texas, containing 1.36 acres, more or less, as shown on Exhibit "A," attached hereto; and, is hereby granted to C-Store GDP, LLC, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition; • The proposed sidewalk will be extended along the southeast corner of the subject property. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances 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 25th day of October, 2011. - Mayor Becky Ames - File 2111- : Request for a specific use permit to allow a convenience store/gas station in a -MD-2(General Commercial-Multiple Family Dwe1ling-2)District. Location: 5112 Martin Luther King, Jr. Parkway South Applicant: C-Store GDP, LLC 0 100 200 I i I Feet Legend ® 2111P U G2 s 11;!o Ay lG� tiF 0 E FLORIDA AVE U GC-MD EXHIBIT "A" (tiu•K.u.W.) 2. LANDSCAPE AN S(S 15. GENEML NOTES A ei11Q71�R ..mi•'�urei`rn6nlw� �awwnl�.w.oio Avow � Syy:'"'' 1,6 ..»• ... Yllr �`r �rx •veK 11111.IYaw/IIOwwW�lam�►wo. Y 2 ra Y�f 14Yp11OlBMflMWn�hYl .. .. � �.—�-•�--r--�",�� . L M1MYtOfIIM� WnYYY.•M�' M�P�/�Y�iN�.OePOiO ma�a+rrrtaw+r�la+ s•---'�7-r '.f ✓ /' / fi/J �•rrrw.er.ra wno. u00 wear / t«t,ea�eM•.aa.e.e�a�xnmsw,e.el•.e.o .�� n lirerMaKr..•W �ae�+°n°.w+i awmnes.e.a a�wrir•••rer...w.wr+er+�rr�wW •mwir��YSMwarwawarworemann.munr. �.�....�..�:, rnrrerw�neNiwwa / �. ar�..rrrrwr.�+trA,r.axu•s ere. awenMSSaew�wesmrw.•s..eK*w ' p° waari��e+�rwaw L eirnaYi�rrlw.M..M�e wMsrl.�•� '' _W lwwwuw /'%//i'iI jI /!;//f ii ff%/j/// �i. +. •ri 'ri�Pw►.��rar..rrr P.P-w rw.�iw�xiam�ici�ior�war.w. I Kt 1 -ft RE lam- plow /j j, j u 6 LU �e 2 Toew�on�n mne wceartra r� W O 1W rao�wrz 7. xR µ "g Z .n 2 Mewi xaawmrK TAILS z I%'•f j/f/',/ '%/ / ji , ti 0 �` !' a- `- rrwm arxvwrts AILS 4 V 1. Ill .� `., «� rrw r�'"iaa �w S� $ U I + ` Co 6 W1T4r W 60.29 • `, l' 1�' ` �` - r rSOLaN1CM p • [ "u. rML � ./1; /✓;,�` ` �'� � ,.,«.�:.:.•,..»�»may j/•'. �Xa LPN a!111 mom VCICA ,t u ;, ...,w S'atE AS NCttEC LC VR FLORIDA STREET t A �'°-�—° (60'R.O.W.) �� x�STE FLAN o � . scxe inti'.r• «..:..sue..•.. I E PLAN *Approval subject to the following condition: • The proposed sidewalk will be extended along the southeast corner of the subject property. 3 October 25,2011 Consider a request for an amended specific use permit to allow an expansion of church parking in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 5910 N. Major Drive RICH WITH OPPORTUNITY BEAUMOfl* T • E • X • A • S City Council Agenda. Item TO: City Council FROM: Kyle Hayes, City Manager CS PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 25, 2011 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow an expansion of church parking in an RM- H (Residential Multiple Family Dwelling-Highest Density) District at 5910 N. Major Drive. RECOMMENDATION The Administration recommends approval subject to the following condition: 1. The new parking lot shall meet the interior and perimeter landscaping requirements. BACKGROUND Simon Construction has applied for an amended specific use permit. In August, 1990, City Council granted Grace and Truth Gospel Tabernacle a specific use permit to allow a church and related parking on the subject property. Due to growth in church membership, additional parking is needed. The church proposes constructing an additional 25 parking spaces. This would give the church a total of 75 spaces. At a Joint Public Hearing held October 17,2011,the Planning Commission recommended approval 7:0 of the amended specific use permit subject to the following condition: 1. The new parking lot shall meet the interior and perimeter landscaping requirements. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF CHURCH PARKING IN A RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT AT 5910 N. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on August 28, 1990, City Council approved Ordinance No. 90-48 issuing a specific use permit to Grace and Truth Gospel Tabernacle to allow the construction of a church in a RM-H (Residential Multiple Family Dwelling) District at 5910 N. Major Drive, Beaumont, Jefferson County, Texas; and, WHEREAS, Grace and Truth Gospel Tabernacle wishes to amend the specific use permit to allow for the expansion of church parking in a RM-H (Residential Multiple Family Dwelling-Highest Density) District at 5910 N. Major Drive, being the West Y of Block 2, Griffing Villa, Unit 1, City of Beaumont, Jefferson County, Texas, containing 2.374 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 expansion of church parking in a RM-H (Residential Multiple Family Dwelling-Highest Density) District at 5910 N. Major Drive as reflected in the site plan as shown on Exhibit "B," attached hereto and made a part hereof for all purposes; 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 following condition; • The new parking lot shall meet the interior and perimeter landscaping requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That Ordinance No.90-48 be amended by amending the specific use permit granted to Grace and Truth Gospel Tabernacle, its 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 expansion of church parking in a RM-H (Residential Multiple Family Dwelling-Highest Density) District at 5910 N. Major Drive as reflected in the site plan attached hereto as Exhibit "B," subject to the following condition: • The new parking lot shall meet the interior and perimeter landscaping requirements. 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 No. 90-48 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 25th day of October, 2011. - Mayor Becky Ames - rRequest for an amended specific use permit to allow an expansion of church an RM-H (Residential Multiple Family Dwelling-Highest Density)District. 910 N.Major Drive Applicant: Simon Construction 0 100 200 I I I Feet Legend NEW ® 2110P RM-H P1Nno C1R VVMDCASTLE DR R -H GC-MD Z GC a GC-MD C- v m N N n v HWY 105 -S EXHIBIT "A" ' .I i ... ! (-{ -' _ i 1 ,•1. .y.._, .... i I 1 ! � •i � -�' t !--'C• _ —,. �—�_-�� _I •. -i j , I . . .. .! .!_ � ! I � � '' ..�...•r..» �i r•;;—� I*ter" � -,r�� - �_�' i _ .. i .- i { 1 _.....- • ....__. 4..-.--�-•-, _.ter;..�,��.:._.«- •I - �j_�... ..t_..; �_�^.�_'�_T.._ ._.J-`-.--; -(-..i_..�_� '� 1 1 1 Ir Jr } • _I : 1 - '� i t4-. {, ._._�._. .1«_ °�'�'•--{.. _ � i iry N.... _I••j .I• .�,_}. i , ; W • � } ..i. 1 1 ,E .1 � I� .:I•_ •.{ P J..:! .} .i .. "� �, :.,•.' ( i�•t.. ..�.:-.1.-. ••'• ^k'_::___„ - -�i•_�O, 1�; -!• •I - 'boo_ �.�;C?�--�-.'.�._. �_�_ !.�,,,;:: ilr�_. ,.-�— i-� ,-�, F1 •.-f– r- '�' .'j—;�� _ i �'bI. d 0-1 T.- :..' -- .I I. ... I•�.•• ' .I ' I_.ti. 1 1. '.1... .i �. , {: '!" i ,,Z,hl+ :J -�••l��G"1..; :c I�K' .L i..'«.s....y i _ �. .}..�i :..I .. J. .I- .•• ' ••—�}--•� .r LU _—'i^ : ��.:Irt ►t10NAt, 1C\11f:4'r7k�fl. , .. .... ` t. .'•• _. •�• , I i i' -i .�...'i _� :.I„ I.�.�L. _i:.1.. '. r.i._-�_i ;.M' ; ! I i ; ! i• �.. ' .I. .;. � 1. .�.. ! i '; ��__.._ ' -'.�— '6� --•, -ti's".••.�-.' ' •_. Approval subject to the following condition: The new parking lot shall meet the interior _ ... • -G._ _... t ..� '_.;....,._..��• • _ �-•.1, -' �� E..., `• •,•-;( , ; and perimeter landscaping requirements. _ _ _r -.•_ ..i " _�r.•a�,_ i;� , ! i 'y i' i• .!T _ •;.. :i: ... -�r- . i :�:�1:.'1 _ i� ' ., .! , !.. !...�. ., :,cat :•�• '•`--I -i-I. ; -;' � it J. !. 1 1 : 1 I t •i•_ 4 October 25,2011 Consider accepting the Certified Roll Jurisdiction Summary of the tax roll for the tax year 2011 (Fiscal Year 2012) RICH WITH OPPORTUNITY BEAU:M61 "N* 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: October 25, 2011 REQUESTED ACTION: Council consider accepting the Certified Roll Jurisdiction Summary of the tax roll for the tax year 2011 (Fiscal Year 2012). RECOMMENDATION Administration recommends the acceptance of the Certified Roll Jurisdiction Summary of the tax roll for the tax year 2011 with a taxable value of$6,753,396,435. BACKGROUND Pursuant to the Texas Property Tax Code, Section 26.09,this recap must be approved by the City Council. On September 6, 2011, Council approved the tax roll as certified by the Jefferson County Appraisal District with a taxable value of$6,753,396,435. There is no change in the taxable value of the Certified Roll Jurisdiction Summary. BUDGETARYIMPACT Property tax revenues in the FY 2012 Budget were calculated based on this taxable value at a collection rate of 97% and the amount of 30,014,000 budgeted in the General Fund and $11,911,000 is budgeted in the Debt Service Fund. ..... . . ,e.M-v.�a��yeauureuirrs,:rasa>aevw;vc,,.r.wnc..r*a..�u+:saes.+wsT�r; s+ca+:rr4anrm�rIDaarw±?.-,.�+;s+t�:-.,-arc•° r .;. r:� ..,.:..ra;u-',�..aa,:,:-,y�tw, ua,a-w:�hakvr ... „;{;:�xR�:}X.. 10/0612011 05:44:06 SEQUENCE: 1100641 TAX COLLECTION SYSTEM PAOF; 13 TCS01 C E R T I F I E D R 0 L L J U R I S D I C T I O N 6 U M M A R Y PROCESSING FOR TAX YEAR; 2011 JURISDICTION: 0021 CITY OIL BEAUMONT TOTAL PARCELS: 65,664 TAX RATE:00.640000 MARKET VALUE; -1,464,263,240 STATE ROM: 0 OPT HON: 0,00000 EXEMPT PARCELS: 3,566 STATE 065: 0 OPT 065: 17,500 EXEMPT VALUE; 466,129,470 DISABLED: 17,500 AO PROPERTIESt 245 AG EXCLUSION: 16,650,040 N$ CAPPED CNTt 1,246 HS CAPPED AMT: 14,449,100 ABATED PARCELS: 1 ABATED AMOUNT: 134,450 POLLUTION CNTi 3 POLLUTION VALUE. 9,154,100 HISTORICAL CMTt 4 RISTORICL VALUE: 1,245,800 PRORATED CWT: 2 PRORATED VALUE; 30,485 FTZ CED TRM CRA= I PTE CBD TRM CHA VAL: 3,079,520 VET FULL XMP CPT: 119 VET FULL EXEMPTION: 11,848,550 GROSS TAXABLE; 6,921,531,725 v STATE HOMESTEAD 0 HOMESTEAD AMT. 0 LOCAL HOMESTEAD O HOMESTEAD AMT: 0 OVER65 7,707 OVER 65 AMT: 0 LOCAL OVER65 7,707 OVER 65 AMT: 133,514080 SURVIVING SPOUSE: 9? AMOUNT: 11729,680 $ OP DT949LED: 1,643 DISABLED AMT: 27,592,650 VET * $5000 0 VETERAN AMT: 0 VET 0 $7500 0 VETERAN AMT; 0 VET s 81o000 1 VETERAN AMT: 0 VET 0 $12000 699 VETERAN AMT: S.368,760 TOTAL YET 700 VETERAN AMT., S,368,760 TOTAL PART XMP: 168,135.290 TAXABLE VALUCt 6.753,396,435 FROZEN ACCTS: 0 LEVY LOW 0.00 TOTAL LEVY: 43,121,736,42 LATE HEMPEN CNT: 1,522 LATE RENDPEN AMT: 41,465.89 IROEEN HOMESITE: 0 - FROZEN TAXABLE: 0 UEFROZER LEVY: 0.00 FROZEN LEVY: 0.00 TIF CAPTURED: 0 TOTAL NOR-EXMT PARCELS: 62,098 RESOLUTION NO. WHEREAS, on September 6, 2011, City Council, by Ordinance No. 11-068, approved the tax roll as certified by the Jefferson County Tax Appraisal District with a taxable value of$6,753,396,435; and, WHEREAS, it has been determined and the Council so finds there is no change in the taxable value of the Grand Recap; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, That the City Council, pursuant to the Texas Property Tax Code, Section 26.09, hereby approves the Grand Recap of the tax roll for the tax year 2011 (FY 2012) with a taxable value of$6,753,396,435. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of October, 2011. - Mayor Becky Ames - 5 October 25,2011 Consider authorizing the purchase of a fire station alerting system Alta •ITN OPPORTUNITY BEAUN"ON* T * 2 • g • s • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer 156 MEETING DATE: October 25, 2011 REQUESTED ACTION: Council consider authorizing the purchase of a Fire Station Alerting system. RECOMMENDATION The Administration recommends the purchase of a Fire Station Alerting system from Zetron Inc., of Redmond, Washington in the total amount of$187,858.19. BACKGROUND Pricing was obtained through the State of Texas Department of Information(DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statues of the State of Texas. Currently Fire Stations are alerted over the 800MHz radio system and each alert to a single station takes up one repeater channel. As a result if multiple stations require notification simultaneously it has a large impact on radio system capacity. Also,the current alerting is a custom setup that is not compliant with National Fire Protection Association(NFPA) recommendations. The Zetron Fire Station Alerting system is compliant with NFFA recommendations and will provide the city with a vendor supported alerting system that efficiently notifies fire stations without adversely loading the radio system. BUDGETARYIMPACT Funds for this purchase are available from the Department of Homeland Security 2007 Supplemental Port Security grant in the amount of$140,893.64. The 25%match of$46,964.55 is available from the Capital Reserve Budget. G 12034-134th CT NE Redmond.WA 90052 IP FIRE STATION ALERTING SYSTEM I P:(425)$20-6363 F:(425)820.7031 TEXAS QUOTE/ORDER FORM POA/OUO 27460 US QUOTE/ORDER FORM Ertt illime e: tfys D: New ta,a.s: Address: Mont TX 77701 : Ouote Ezpinsic 112612012 Tarns:Per OIRSW Contact:Bert 81 ftneir Shp GLOW:6M Phone:4994N .752 Shp Via:UPS-FOB Origin Fn: tact Rem: EMO: Ouote tst Rva dNpabh ptfsAbw eupporfE aevantaas Ra sbuorta and IneluAs suitlon abet and sMlas tadift for up to 1Mes apparatus.AbM and ON sent vb Et with voloe messapsa sent vis AF Comuk Nb IPASA Contlpurstlon Guide for IP fle, -I aqulamNia.lfese6er or and user to provide montera and PCs.Plasee contact Mks Wise at Key Esl ctionks at 4014142-1776 for any gtlsMlam on Yo quote. Please War to TX Contract A DEMD•1334 when placing order with ZsVon. Summary: IIIDIYdoa ►ARTe DESCRrYM mm $Y Q)'[ EKTO� : iz OimA Tzfiri,w plea f IP STATION(ANTS 901.9653 IP Station lkdl Modal 5203(1 Station Colmn,3 Apparefus Columns) 5575.00 17 $ 94.775.00 10% $5,017.50 3855,297:50 SYSTM SOFTWARE 905.0285 IP FSA Server Bunch 9660.00 1 $ 9,660.00 10% $8,694.00 $8,694.00 (kiclydas 9900/11,.OW-M1.950-OM,025-9501,025-8582) 930-0122 IP FSA Console Position License(I requYadper posltlon) 1045,00 5 $ 5.225.00 10%. .$940.50 $4.702:50 990-0719 XML CAD Interface License 4600.00 1 $ 4,600.00 10% $4,140.00 $4,140.00 SYSTEM DOCU=WrATKM 025-9383 FBA XtLL CAD Protocol Interface Me" 30.00 1 $ 30.00 10% $27.00 $27.00 (kickmass one a/no daipe with pischese of 930-0119) EXTENDED LIMITED WARRANTY X61-5337 Extended LMked W—ty for coverage through year 5 14463.54 1 $ 14,463.54 10% $13.017.19 $13,017.19 14%of System List Price 10% Ka Electronics ktstallatlon Labor $ - $0.00 $0.00 9�X98- 7i 1 it,2 6.8 4 10 5,3,76 EMS 3060.00 14 $ 42,840.00 0% $3,060,00 $42,840.00 3 E 1 4050.00 2 $ 8.160:00 0% $4.080.00 '$8.180.00 I � __ .7650.00 1 $ 7,650.00 0% $7,650.00 $7.850.00 h**911 up Position 7650.00 1 $ 7.650.00 0% $7,650.00 $7.850.00 la9on rstion of Nalr.YHF.Repester 650.00 1 $ 660.00 0% $680.00 $660.90 en 5000.00 1 $ 5,000.00 0% $5,000.00 $5.000.00 $ - 0% $0.00 $0.00 $ 71,M.00 IP FSA Products MSRP TOTAL PRICE S 195,053.50 TX Contract ITEMS PER DIR $115,878.19 Installation and Labor $ 71.980.00 Total$ 187,866.19 TX STATE PRICE .,JW,,. NOTES: 'Slip dens smiled to dlerq.based upon ma6ebMty of nmftdsb and vohmts of other orders at thm of order.R m ship dab will he comilrnbd Neer raospt of order. ADDITIONAL NOTE: This pries tpmta erN ery slab l orderer rambled to Nb Term s&Conditions d TX Suite Contact aON14 •1334. ••Or►aIN and Tednlsef era OFF Courted tarrb 001-0277_A RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a First Station Alerting system, for use by the Fire Department, from Zetron, Inc., of Redmond, Washington, through the State of Texas Department of Information Resources (DIR) contract, in the amount of $187,858.19. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of October, 2011. - Mayor Becky Ames - 6 October 25,2011 Consider amending Chapter 22, Section 22.05.211 (b)of the City Code of Ordinances regarding Solid Waste collection and removal charges SICK WITH OPPORTUNITY BEAUMON* T - E - $ - A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 25, 2011 REQUESTED ACTION: Council consider amending Chapter 22, Section 22.05.211 (b)of the City Code of Ordinances regarding Solid Waste collection and removal charges. RECOMMENDATION Administration recommends Council amend Chapter 22, Section 22.05.211 (b)of the Code of Ordinances,to include a reconnect container fee for those customers whose garbage container has been picked up due to a meter being removed for non-payment of city services. BACKGROUND Chapter 22, Section 22.05.211 of the Code of Ordinances addresses garbage and trash collection rates for residential collection. In accordance with the ordinance, a household's water service may be disconnected upon nonpayment of water and/or garbage services. Many times, customers pay as soon as a disconnection is made to their water service and therefore the service is restored quickly. But,when disconnection for nonpayment is in the form of the meter being removed.from the residence because the customer has turned the water back on without making payment,the garbage container is picked up by the Solid Waste Division. Section 22.05.211 does not address a fee to cover the cost associated with the pick up and subsequent delivery of the container back to the residence upon payment and reinstallation of the meter. On average,the Solid Waste department spends $15.00-$20.00 per container to collect approximately 6,750 containers per year. The costs include labor, fuel costs and sanitizing the container. The purpose of this fee is to reclaim those direct costs incurred by the City. To provide clarification, the ordinance should be amended to include the following: "A reconnect container fee will be assessed for those households whose garbage container(s)have been collected by the City due to the removal of a water meter as a result of nonpayment of city water and/or garbage services, and then subsequently reissued upon payment and reinstallation of the meter. Reconnect container fee....................................................$20.00/per container" Solid Waste Reconnect Fee October 25,2011 Page 2 BUDGETARYIMPACT Amendment to the ordinance will allow the city to fund direct costs associated with the collection and delivery of containers due to disconnection in the form of meter removal and re- connection of city services. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, SECTION 22.05.211(b)OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO ADD A NEW RECONNECT CONTAINER FEE FOR THOSE CUSTOMERS WHOSE GARBAGE CONTAINERS HAVE BEEN PICKED UP FOR NON PAYMENT OF CITY SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 22, Section 22.05.211(b), of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to add a new subsection (3) to read as follows: Sec. 22.05.211 Residential service (b)(3) A reconnect container fee will be assessed for those households whose garbage container(s) have been collected by the City due to the removal of a water meter as a result of nonpayment of city water and/or garbage services, and then subsequently reissued upon payment and reinstallation of the meter. Reconnect container fee...................................$20.00/per container 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 1.01.009 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of October, 2011. - Mayor Becky Ames - 7 October 25,2011 Consider amending Section 2.03.075 of the Code of Ordinances by adding a Grade III (Lieutenant)position from 14 to 15 and reducing a Grade II (Sergeant)position from 44 to 43 in the Beaumont Police Department RICH WITH OPPORTUNITY BEAUMO,N* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: October 25, 2011 REQUESTED ACTION: Council consider amending Section 2.03.075 of the Code of Ordinances by adding a Grade III(Lieutenant)position from 14 to 15 and reducing a Grade II(Sergeant)position from 44 to 43 in the Beaumont Police Department. RECOMMENDATION Administration recommends approval. BACKGROUND The City of Beaumont Emergency Management Division has been directed by Sergeant Tim Ocnaschek as the Emergency Management Coordinator since January 2007. The Civil Service Commission certified a Grade III Lieutenant promotional list on October 13, 2011. From this list, Sergeant Ocnaschek will be promoted to the rank of Lieutenant. This would require the conversion of the Sergeant position in Emergency Management to a Lieutenant position. BUDGETARYIMPACT The current base salary for a Grade III Lieutenant is$82,020 and the current base salary for a Grade II Sergeant is $69,948.00, which results in an increased salary of$12,072. The total number of authorized positions within the Police Department will remain at 259. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 2.03.075 OF THE CODE OF ORDINANCES BY INCREASING THE NUMBER OF GRADE III LIEUTENANT POSITIONS IN THE BEAUMONT POLICE DEPARTMENT FROM FOURTEEN(14) TO FIFTEEN (15) AND DECREASING THE NUMBER OF GRADE II SERGEANT POSITIONS IN THE BEAUMONT POLICE DEPARTMENT FROM FORTY-FOUR (44) TO FORTY-THREE(43); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Section 1. That Chapter 21, Section 2.03.075, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to increase the number of Grade III Lieutenant positions in the Beaumont Police Department from fourteen (14)to fifteen (15) and to decrease the number of Grade II Sergeant positions in the Beaumont Police Department from forty-four (44) to forty-three (43). 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. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of October, 2011. - Mayor Becky Ames - 8 October 25,2011 Consider granting a new solid waste collection and transportation service franchise RICH WITH OPPORTUNITY BEAUMO' N* 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: October 25, 2011 REQUESTED ACTION: Council consider granting a new solid waste collection and transportation service franchise. RECOMMENDATION Administration recommends granting a solid waste collection and transportation service franchise to Enviro Waste Solutions(EWS). BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage,waste or refuse,without first having obtained a franchise from the City. Five (5) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. EWS has requested that the City Council grant the company such franchise agreement. EWS is locally owned and operated with its corporate office located at 2300 Hwy 365 in Nederland. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent(7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty(30) days from the first reading. The ordinance does not take effect until sixty(60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four(4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by franchisee. Attached, is a copy of the franchise agreement for your review. This is the third and final reading of the franchise ordinance. BUDGETARY IMPACT A franchise fee of seven percent(7%)of gross receipts is paid into the General Fund. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO ENVIRO WASTE SOLUTIONS (EWS). WHEREAS, Enviro Waste Solutions (EWS) (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and Section 1. Grant of Authority There is hereby granted by the City to Enviro Waste Solutions (EWS) the right and privilege to operate and maintain within the City a solid waste collection and transportation service(the"service"). For purposes of this franchise, the term"solid waste collection and transportation service"shall mean the regular business of collection,hauling ortransporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such.rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty(30)days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT(7%)of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address,frequency of pick-up, size of container or type of service and charge for same. The following report shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: Upon written request and within thirty(30)days of receipt,the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served,frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise,whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents,servants or employees,and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty(30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars($500,000.00)per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition,the Company will observe all city,county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-o#waywithin the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M.to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues fora period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company,the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10)days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Enviro Waste Solutions (EWS) 2300 Hwy 365 Nederland, TX 77627 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise,the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 20th day of September, 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the 4th day of October, 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the 25th day of October, 2011. - Mayor, City of Beaumont - ACCEPTANCE: Enviro Waste Solutions (EWS) By: (Company Owner/Representative)