The URL can be used to link to this page

Home My WebLink AboutPACKET OCT 07 2014HIGH WITH OPPORTUNITV BEA,UMON* T • E • X • A - �S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 7, 2014 1:30 P.M. CONSENT AGENDA Approval of minutes — September 30, 2014 * Confirmation of committee appointments A) Approve the renewal of an annual maintenance agreement with SunGard Public Sector for software support for use by all City Departments B) Approve a payment and waiving the interest related to a paving lien dated March 10, 1931 on property at 1637 Avenue H, legally described as Joachimi 1,13 B 12 ..�_ RICH WITH OPPORTUNITY 11EA,[111U111T T • E • x • A • s City Council Agenda Item Im City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer BS MEETING DATE: October 7, 2014 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement for SunGard Public Sector software support in the amount of 593,587.46 for use by all City Departments. BACKGROUND This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. The software maintenance agreement provides for unlimited telephone support and up to three (3) software updates during the annual term. This agreement is for an annual period beginning October 1, 2014 and includes the following applications. Software Application Contract Amount Building Codes and Permitting $4,958.83 Finance Cash Receipts $3,015.22 — Finance Asset Management $2,857.63 Finance GMBA Accounting System $11,850.77 Finance Loans Module $2,416.38 Finance Accounts Receivable $4,191.89 Finance Purchasing jFinance $6,513.72 Payroll $9,791.59 Imaging Interfaces $2,726.31 (Click2GOV Citizen Web Portal � $3,971.26 Municipal Court $9,182.24 Jury Management $2,332.33 Land Management $4,465.05 Occupational License $2,090.69 Document Management Services $1,008.58 Water Billing and Citizen Online Payments $ 11,314.97 Application Modifications Total _ $10,900.00 $93,587.46 FUNDING SOURCE General Fund — Information Technology, Municipal Court Technology Fund, and Water Fund. RECOMMENDATION Approval of resolution. StMOARO' PUBLIC SECTOR 1000 Business Center Drive Lake Mary, FL 32746 800 -727 -8088 www.sungardps.com Bill To: City of Beaumont 801 Main Street Suite 350 BEAUMONT, TX 77701 United States Attn: Angela Wright 409 - 880 -3189 Invoice Company Document No Date Page LG 87541 05/Sep/2014 1 of 2 Ship To: City of Beaumont 801 Main Street Suite 350 BEAUMONT, TX 77701 United States Attn: Angela Wright 409 -880 -3189 Customer Grp/No. Customer Name Customer PO Number Currency Terms Due Date 1 1098LG City of Beaumont USD NET30 0510ct/2014 No SM nd Comments Units Rabe E %ndad MGM No. 2 RVI Imaging Interface - Financial 1.00 2,726.31 2,726.31 Maintenance Start: 01/OoU2014, End: 30/Sep12015 Contrad W. MW 3 CIWGov Coro Module Embedded 1.00 1,302.74 1,302.74 Maintenance Start: 01/Oct/2014, End: 30/Sep/2015 4 Clidc2Gov - Case Management 1.00 2,668.52 2,668.52 Maintenance Start: 01/Oct/2014, End: 30/Sep/2015 Contract o. 5 NAVI- Building Permits 1.00 4,958.83 4,958.83 Maintenance Start: 01/0c l/2014. End: 30/Sep/2015 6 NAVI - Cash Receipts 1.00 3,015.22 3,015.22 Maintenance Start 01/Oct/2014, End: 30/Sep/2015 7 NAVI Case Management 1.00 9,182.24 9,182.24 Maintenance Start 01 /Oct/2014, End: 30/Sep/2015 8 NrALk 4 tation Mgmt Module 1.00 0.00 ow Maintenance Start 01/Oct/2014, End: 30/Sep/2015 9 Naviline Higher Courts 1.00 0.00 0,00 Maintenance Start 0110ct/2014, End: 30/Sep/2015 10 Naviline - Asset Management 1 1.00 2,857.63 2,857.63 Maintenance Start 0110ct/2014, End: 30/Sep/2015 11 NAVI - GMBA w/Extended Reporting 1.00 11,850.77 11,850.77 Maintenance Start: 01/Oct/2014, End: 30/Sep/2015 12 Jury Management 1.00 2,332.33 2,332.33 Maintenance Start 01/0ct/2014, End: 30/Sep/2015 13 NAM - Loan Module 1.00 2,416.38 2,416.38 Maintenance Start 01/Oct/2014, End: 30/Sep12015 14 NAVI-Land Management 1.00 4.465.05 4,465.05 Maintenance Start: 01/Oct/2014, End: 30/Sep/2015 Page Total 47,776.02 SUNQAM PUBLIC SECTOR 1000 Business Center Drive Lake Mary, FL 32746 800 - 727 -8088 www.sungardps.com Bill To: City of Beaumont 801 Main Street Suite 350 BEAUMONT, TX 77701 United States Attn: Angela Wright 409 - 880 -3189 Invoice Company Document No Date Page LG 87541 05 /Sep /2014 2 of 2 Ship To: City of Beaumont 801 Main Street Suite 350 BEAUMONT, TX 77701 United States Attn: Angela Wright 409 -880 -3189 Customer Grpwo. Customer Name Customer PO Number Currency Terns Due Date 1 1098LG City of Beaumont USD NET30 05/Oct12014 No SKU CodstpetulpdonlCommsnts Unit Rabe Extended 15 NAVI Accounts Receivable 1.00 4,191.89 4.191.89 Maintenance Start: 01/Oct/2014. End: 30/Sep/2015 16 NAVI - Occupational Licenses 1.00 2.090.69 2,090.69 Maintenance Start 01/OcU2014, End: 30/Sep/2015 17 NAVI- PURCHASING INVENTORY 1.00 6,513.72 6,513.72 Maintenance Start. 01/Oct12014, End: 30/Sep/2015 18 NAVI- Psyroit/Penwnnel 1.00 9,791.59 9,791.59 Maintenance Start 01 /Oct/2014, End: 301Sep/2015 19 NAVI -DMS - Document Management Services 1.00 1.008.58 1,008.58 Maintenance Start 01/Oct/2014, End: 30/Sep/2015 Conftct No. 20 NAVI - Customer Information Systems 1.00 8,520.37 8,520.37 Maintenance Start 01/Oct/2014, End: 30/Sep/2015 21 CIS - Handheld Base Integration 1.00 430.75 430.75 Maintenance Start 01/Oct2014, End: 30/Sep/2015 22 Ckk2Gov Customer Information System 1.00 2,363.85 2,363.85 Maintenance Start 01/Ocf/2014, End: 30/Sep/2015 Contract o. 1 Retrofit Modification Option 109.00 100.00 10.900.00 Maintenance Start 01/Oct2014, End: 30 /Sep/2015 Page Total 45,811.44 Remit Payment To: SunGand Public Sector Inc. Bank of America 12709 Collection Center Drive Chicago, IL 60693 Subtotal I 93,587.48 Sales Taxi 0.00 Invoice Total 93,567.46 Payment Received �— 0.00 Balance Due 93,587.46 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 pay an invoice in the amount of $93,587.46 to SunGard Public Sector for the renewal of an annual maintenance agreement for software support beginning October 1, 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of October, 2014. - Mayor Becky Ames - Fno� RICH WITH OPPORTUNITY [I III A, [I I I C1 11 T - E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer October 7, 2014 REQUESTED ACTION: Council consider a resolution approving a payment and waiving the interest related to a paving lien dated March 10, 1931 on property at 1637 Avenue H. legally described as Joachimi L 13 B 12. BACKGROUND Lisa Snook on behalf of her mother, Leigh Maldonado, has offered to pay the principal amount due in the amount of $452.53, on a paving lien assessed against property that was inherited from her grandmother. Ms. Snook's grandmother purchased the property in 1971 and the paving lien was not discovered at that time or at the time the property was inherited by Ms. Maldonado. The lien was recently found as part of a title search related to selling the property. The interest accrued since 1931 is $2,604.81 and would be waived. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, a paving lien, dated March 10, 1931, in the amount of $3,057.34 represented by $452.53 in principal and $2,604.81 in interest, exist against property described as 1637 Avenue H, Joachimi L13 B12; and, WHEREAS, in 1971, Leigh Maldonado's mother purchased property described as 1637 Avenue H, Joachimi L13 B12, and said paving lien was not discovered and cleared at that time; and, WHEREAS, Lisa Snook, on behalf of her mother Leigh Maldonado, is attempting to sell the property described as 1637 Avenue H, Joachimi L13 B12, and the net balance of the pending sale will be greatly diminished by said lien; and, WHEREAS, the City recommends approving payment in the amount of $452.53 for a paving lien on property described as 1637 Avenue H, Joachimi L13 B12 and waiving interest in the amount of $2,604.81; 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 lien payoff for 1637 Avenue H, Joachimi L13 B12, be and it is hereby approved in the amount of $452.53, and interest be and it is hereby waived in the amount of $2,604.81; and; BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary to evidence the release of the paving lien in the amount of $3,057.34 for the above described property. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of October, 2014. - Mayor Becky Ames - RICK WITTi OPPORTUNITY 11EA1[1M0N* T- E - X- A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 7, 2014 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1 -2 /Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving a change order to the contract with Allco, Inc. for the South Park Drainage Improvement Project 2. Consider granting a solid waste collection and transportation service franchise to Sprint Waste Services, L.P. 3. Consider an ordinance for a zone change from RS (Residential Single Family Dwelling) to LI (Light Industrial) District and a specific use permit to allow a metal sandblasting and coating facility at 7625 Washington Boulevard PUBLIC HEARING * Dangerous Structures 4. Consider an ordinance and a resolution declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program 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: Russell Brister vs. City of Beaumont; Cause No. D- 194,574 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. PUBLIC HEARING: October 7, 2014 Unsafe Substandard Structures Consider approval of an ordinance declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. 1. 470 Adams & 23. 495 1" (commercial 48. 999 Orange (garage auxiliary bldgs auxiliary bldg) apartment & shed) 2. 2808 Atlanta 24. 275 E. Gill & shed 49. 2816 Orange & shed 3. 2340 Avenue A 25. 2045 Glasshouse 50. 5155 Pennock (garage & shed only) 26. 2448 Goliad & shed 51. 2410 Pennsylvania 4. 3370 Avenue B 27. 2645 Goliad & shed 52. 3145 Pine & shed 5. 3800 Avenue B 28. 3351 Grand & shed 53. 3150 Pine 6. 6400 Bigner 29. 1090 Hale 54. 590 E. Pipkin (all 7. 2650 Brahma 30. 1355 Hale structures) 8. 1440 Brockman 31. 698 Harriot & 55. 1725 Port 9. 1645 Brooklyn auxiliary bldgs 56. 1675 Roberts (garage 10. 1570 Cable 32. 2270 Harriot only) 11. 1025 Center 33. 8195 Helbig 57. 685 Royal 12. 702 Clara 34. 3125 Hollywood (commercial) 13. 1790 College 35. 5075 Idylwood & 58. 8235 San Bruno (commercial) shed 59. 8010 San Carlos 14. 3515 College 36. 2520 Interstate 10 E 60. 720 Shell & garage (commercial) (commercial) 61. 910 Sherman 15. 1469 Corley (rear 37. 4800 Kenneth 62. 250 E. Simmons & garage only) 38. 1175 Lamar garage 16. 735 Delmar 39. 3270 Lampassas 63. 3205S.6 TH Street (commercial) 40. 350 La Salle E. 64. 2080 South 17. 1380 Edwin & 41. 1098 Lee & shed 65. 2305 St. Anthony storage bldg 42. 465 Lethia 66. 3205 Texas & shed 18. 1397 Euclid (auxiliary 43. 765 Maple 67. 330 Todd & storage bldg) (commercial) 68. 120 215L Street 19. 1465 Euclid 44. 2375 Monroe 69. 745 Van Buren 20. 1611 Euclid (rear 45. 2365 Nora (garage only) house only) 46. 8255 Oak Ridge 70. 1267 Van Buren 21. 5860 Falcon 47. 2440 Omaha 71. 3890 Youngstown 22. 55 N. 5th & garage fl October 7, 2014 Consider a resolution approving a change order to the contract with Allco, Inc. for the South Park Drainage Improvement Project RICH WITH oPPoRTUNITY 17L A► [I 1�1 C1 N * T• E• X - A - S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Joseph Majdalani, P.E., Public Works Director 1 % / October 7, 2014 Council consider a resolution approving a change order to the contract with Allco, Inc. for the South Park Drainage Improvement Project. On April 9, 2013, by Resolution No. 13 -082, City Council awarded Allco, LLC, of Beaumont, Texas, the contract for South Park Drainage Improvements in the amount of $12,330,865. This project includes the installation and replacement of storm sewer boxes and pipes which will significantly increase the capacity of the present drainage system. In mid April of 2014, a subcontractor hired by Allco, LLC to install two (2) 72" drainage pipes under the KCS Railroad Company tracks, encountered a 60" active process water supply line owned by ExxonMobil that was not shown on the original construction plans. City staff has worked continually with ExxonMobil, Allco LLC., KCS Railroad Company, Lamar University, Texas General Land Office, and the consulting engineer Mark Whiteley & Associates, in an effort to resolve the issue. The contractor will be utilizing a Hybrid Bore Process to install two new water lines under the railroad tracks. Due to the depth of the bore, special shoring is required. The cost of the bore and associated parts and labor is $3,508,262.11. Due to these unexpected circumstances, it is necessary to offset the additional cost of the Hybrid Bore. The original plans have been modified to delete a section of the project resulting in a credit of $3,180,539.36. Therefore, the requested Change Order No. 8 is an additional $327,722.75. The recommended change order has been reviewed by the General Land Office and the City "s consulting engineer. FUNDING SOURCE Hurricane Ike Disaster Recovery Program Funds, administered by the Texas General Land Office, are available at this time in the amount of $10,116,834. The remainder of $2,740,915.28 will be paid for by the City from the Capital Program. The City is working with the General Land Office to secure additional Hurricane Ike Recovery Program funds for this project. RECOMMENDATION Approval of resolution. CITY OF BEAUMONT DATE: Octob4 t, 2014 PROJECT: S(3(1THPARK DRAINAGE PROJECT OWNER: CITY OF BEAUMONT CONTRACTOR: ALLCO. INC CHANGE ORDER NO.: 8 TH5 FOLLOWpIG CHANGSE 7R TSB PLANS A2iD /OR 3PYCIFICATYOHg ARE;BEStE8.4,HADE_ C3engc0 No.ais!a mas- Kijlcd wiJ, ayssivg the KCS R,k,,d and ab-dm cthe bm, plm Eul UYau Mc, coo0in x318 tti-Su gv ,m. II- tim puznt- w the Co-1: Item N. h- Code Description Um1 Ong 1 Ovantky New Quantity Quantity Paid Q-i," Rem Unit Price New Vnit Pric Am n 8000 ppl ABANDON G (30 X 7Y DLASTEEL PPEXIERMNATION OF WORK) 000 100 S121,396.13 5124,396 ii 8000 002 RAILROADFLACGER(ARAWONINGPI DAY ON 2500 $2,8M OD 570,95C00 81100 003 E -80 RAILROAD 9HORW0(CpAPLETE) LS 000 1.00 572,934.16 $72,93418 swo 004 BACKFILL ABA1iDONDED BORING FM(-LEM LS 0.00: 100 S74,D66.50 574.066.50 9000 005 PLUGABANDONDEOR -STEELPPE(JOFEET)(COMPLETE) L5 1 0.00i 1.00 $6,666,00 56466600 E200 OGI (COOPER E80 SHORNG MON 000 6.OD 5'22.193,00 5733, IS9.00 8210 OOi SHORING WSTALUTKW AND BACKFlLL (b'HYBRID BOkE PTS) IS 000 100 5360,340.00 i160,34000 8210 1 002 SHCRWG WSTNiLATK)N AND BACKFBL(EW NNGTION BOX PITS) L5 000 100 j E6d,1d500 S64,IC5fX) 8220 ' 001 OEWATERWG(TTS LS 000 1.00 512479100 S124,79I.DO 8300 001 CONSTRUCTION GATE GUPRD '�, WEEK 0.00 1400 $1.100.00 515400.00 83W 002 RESCUE SAFETY TEAM DAY 000 74.001, $1,500.00 $111,00000 8300 003 RAILROAD Fl4GGER EO05ERVER (HYBPoD BORE AND JIK4CTgN BOX( DA }' 0.00 14300 $2,500.00 5357.500 dD 8400 001 E80 JUNCTION BO% EA D00 2.00 $215.025.00 5430,050.00 8300 001 HYBRIp SORE 46'DIAXOffi WALL STEEL PIPE (COMPLE'E) LF 000 43000 32,132.>1 5917.06530 453 6X5 $LOCKOUT (CINDER BLOCK$) EA I PF 5600 W $600 W 700c BYPASS PUMPING (121N AND 6IN DIESEL PUMPS)(COMPLETEF(C07) ON 600 800 522,60000 5 <5, 20000 TOTAL AMOUNT ADDED $3,508,262.11 REMOV CONC SIDEWPIX LF 5o03W 3937.00 $2.83 -s4, 14878 REMOV COW PAVING sY 1t,A4W 10.936 DO 57.00 - 52,716.00 1237 REMOV COW DIR E AYS SY 2,Oa000 123700 S9.82 -38,27926 105 2- REMOV STAB BASE AND ASP -T(2 -) SY ]S.4a500 14719N $476 - 551,26044 11c 2001 EXCAVAT- cY 7,259.00 $1128 -527,16224 276 2205 e' DEM IT (11-NT R)1XCL N)(TV E)(GR 4) SY ,ms.m j8.520.00 1,60190 21918.40 $18 DO 518.84 - 5219,416.54 310 2001 HOT MX ASPW TY TX PG64-22 TONS 553.00 373.00 5166.66 529,998.80 366 202J CONC PVMT(OWEDCPCD) 6'(C sP) 33,5 "W 23,00300 149490 21.507.10 541.00 $43.45 - 5379,324.61 <p0 2C1 SEWER EXCAVATION j DY 69,28090 46950.00 50.10 - $2,233.00 40C 2005 CEMENT STABtLRED BACKFILL CY 16.5 "00 12,092.00 $41644 - $183,910.72 400 200J ENBANKMENT TY9'(FNALKORD CIXdPJ � CY 24,649.00 14,98100: 30.10 - 59768C b2 20C1 TRENCH PROTECT -I (PPE) LF 14,31500 11.175.00 5010 - $314.00 452 2005 4' %a•BOX SEWER f J,11500 2042.00 000; 2.D42Ik $291.32 5304.95 - 5284,746.19 462 2012 6' %5'80 %SEWER j Lf 986.00 0001 %600 S372AO S3N.83 5294,51446 42 2006 5X4'BOX SEWER LF 1150.00 653. 0.00 6 ?i.M 5324.15 5319.95 - 515141626 461 2009 5'X5'BOX SEWER LF 221- 1051.00 ODD 1,058.00 5337.86 535346 .5385,434.03 455 GRATE INLETS(DROPKCOMPL) EA 400 I I 51600.00 - $4,80000 465 CURB INLETS (Ty -A'S(cOmPL) En 6a.a0 4.00 53,000.00 460,000.00 465 CURB INLETS (N Tij(LOMPL) EA 46. 3500 $3,100.00 _ - 534,100.00 JUNCTION Box (Ty 'A -)(COMPy EA 18,00 15.00 321,000.00 - 563,000.00 435 JUNCTION BOX jfY'M1'XCOMFL) EA 2.00 000 535,000.00 - S70,D0000 465 JUNCTION BOX fry EA 290 1.00 S19,OW.DO - s19,DO0.00 4:1-El ENDTREATMEN (--LI EA 5200 31.00 5375.00 -37,97500 "1 2003 FRAMES, GRATES, RAND COVERS EA 1" W 9900 $250.00 -$9.25000 529 2006 MONO CURB LF m 15 18800 $3.14 -515 913 04 530 2110 5' CONCRETE DRNEINAYS 6Y 452.00 2 92590 $52069 480645763 531 5'SIDWALKS(4'TNCKI IW4.VDES WHEELCHAR RAMPS) sY 5,005.00 $48.25 - $114,64200 464 2003 FUP N- 12 PIPE -1F LF 4'55400 294700 $1861 - 529,95448 464 2005 HpP N -12 PPE -24' LF 26890 165 W 525.39 - 52,615.17 2007 HOP N -12 PIP- IF 26.00 1000 545.J9 - 5617.112 436 1AC10NG 72' -STEEL Pl EI-SXW LF 42890 000 51,500.71 I - 5642,303.95 TOTAL AMOUNT DEDUCED I - 53,184,539.36 CHANGE ORDER TOTAL AMOUNT ADDED 5327,722.75 ORIGINAL CONTRACT AMOUNT: NET FROM PREN70US CHANGE ORDERS: TOTAL AMOUNT OF THIS CHANCE ORDER: PERCENT OF THIS CHANGE ORDER TOTAL PERCENT CHANGE ORDER TO DATE: NEW CONTRACT AMOUNT: ACCEPTED BY -; NO CALE€v7JAR DAYSHAVE B£FS ADDED U9 THE CONTRACT RY THIS 'CHANGE ORDER TOMMY HARRISON ALLCO LLC PREPARED BY: S 12,330,965.00 $ 12,530,026.53 $327722 75 2 66% 4.27% $12,857.749.28 RAFAEL MIRANDA PROJECT ENGINEER APPRJVED BY ZHENG Z. TwN. P.E AMALW VILLAREAL. P.E. CITY ENGINEER CITY UTIL(FIES ENGINEER OR JOSEPH MAJDALANI. P.E. PUBLIC WORKS DIRECTOR KYLE HAYES. CITY MANAGER DR. HAN1 TOHME, P.E. GTY UTILITIES DIRECTOR TINA BRUSSARD, CITY CLERK Previously Approved Change Orders South Park Drainage Improvement Project Change Order No. Description Cost 1 Furnish temporary fence $7,705.00 within the Chemtrade Chemical Plant. Construction of a concrete $9,863.99 wingwall at the outfall inside the Chemtrade Chemical Plant. j 3 Removal of a raised median $3,173.81 for driveway access to LIT and SETX Food Bank 4 For addition of reinforcing $5,665.38 _ steel in the concrete roadway. 5 Costs associated with $23,059.13 realignment of the storm sewer within the KCS railroad crossing easement and a deduction for eliminating the prime coat and embankment material. 6 Installation of cement $6,294.22 stabilized backfill at the junction box on MLK feeder road, removal and installation of pipe and inlets on East Lavaca, removal and shoring costs and installation of field modifications for a by -pass _ pumping access point. 7 Bypass pumping of the storm $143,400 water within the construction area to the existing storm sewer system. ORIGINAL PLAN MODIFIED I'L:1\ �e� FE I� �RAI zl I�:I��irl �I RrOT_ � z _. ALMA F P,I fA T Fib ACNEEDt E T T N IRC 1 z z— I �a PDNEEDLE T F F �_ T � Ir z �- �ZfE PIPFIGI D 5� FJWI v M N O DAN � LL_ Iti F{ L P �' �. W E - ` to N NL�RC� z z _ T z 1_ CH �� "IFKIN r F I,I� r rJ7rl� _ BYV -- -ES -I I hN�.�H F _ CJ Q J?I c.r Tom, tiK K, F.P�AAN AJA�1S�� - -��I ,� ILLI`JH r z Lamp ✓F j Ji NOLAN 1 T. r VACA�( _ J S E rC'ITA �U) I __e CZ L AU �� kU. 1 r -- '�. LEGION XPJPL A C PK - LJrZADO��:, a J ESSEX J 'K-.Y r BY Q — I C, 5T 1N - � N M04 �0�� OI � Lan o.. �fir;l L- a L °, M nlVf �I E 'I -11V1 T L LAVA zl._ - -� 'C✓ ��.. LA. - .� AIAFAIl�A��.__ MODIFIED I'L:1\ .ilk LEI �RAI zl RrOT_ � z _. ALMA F P,I fA T Fib ACNEEDt E T NFEA N�LC T N IRC 1 z z— z C j.,� T � Ir z �- �ZfE PIPFIGI D 5� FJWI v M N O DAN � LL_ Iti F{ L P �' �. W - to N cz iu c✓ ArA ✓ E. LAVACP. ` iEX J F;EY BYV -ES -I I hN�.�H F _ CJ Q J?I c.r Tom, Nb � i i �� 1h00DFt0L', T � r z Lamp L PAM u- Jn I Ve�'SI`1' r S E rC'ITA �U) F..:UJIA o CAMPUS CZ AU �� kU. 1 r -- '�. LEGION XPJPL A C PK - LJrZADO��:, a AI AB�.MA 1�. _ RESOLUTION NO. WHEREAS, on April 9, 2013, the City Council of the City of Beaumont, Texas passed Resolution No. 13 -082 awarding a contract in the amount of $12,330,865 to Allco, LLC, of Beaumont, Texas, for the South Park Drainage Improvement Project; and, WHEREAS, on August 12, 2013, the City Manager executed Change Order No. 1, in the amount of $7,705 to furnish a temporary fence within the Chemtrade Chemical Plant, thereby increasing the contract amount to $12,338,570; and, WHEREAS, on October 21, 2013, the City Manager executed Change Order No. 2, in the amount of $9,863.99 for the construction of a concrete wingwall at the outfall inside the Chemtrade Chemical Plant, thereby increasing the contract amount to $12,348,433.99; and, WHEREAS, on November 25, 2013, the City Manager executed Change Order No. 3, in the amount of $3,173.81 for the removal of a raised median for driveway access to LIT and SETX Food Bank, thereby increasing the contract amount to $12,351,607.80; and, WHEREAS, on February 20, 2014, the City Manager executed Change Order No. 4, in the amount of $5,665.38 for the addition of reinforcing steel in the concrete roadway, thereby increasing the contract amount to $12,357,273.18; and, WHEREAS, on March 4, 2014, the City Council of the City of Beaumont, Texas passed Resolution No. 14 -057 authorizing the City Manager to execute Change Order No. 5, in the amount of $23,059.13, to include costs associated with realignment of the storm sewerwithin the KCS railroad crossing easement and a deduction for eliminating the prime coat and embankment material, thereby increasing the contract amount to $12,380,332.31; and. WHEREAS, on March 28, 2014, the City Manager executed Change Order No. 6, in the amount of $6,294.22, for all costs associated with the installation of cement stabilized backfill at the junction box on MLK feeder road, removal and installation of pipe and inlets on East Lavaca, the removal and shoring costs and installation of field modifications for a by -pass pumping access point, thereby increasing the contract amount to $12,386,626.53; and, WHEREAS, on May 27, 2014, the City Council of the City of Beaumont, Texas passed Resolution No. 14 -119 authorizing the City Manager to execute Change Order No. 7, in the amount of $143,400, to include costs associated with bypass pumping of the storm water within the construction area to the existing storm sewer system, thereby increasing the contract amount to $12,530,026.53; and, WHEREAS, Change Order No. 8, in the amount of $327,722.75, is required to utilize the Hybrid Bore Process to install two new water lines under the railroad tracks and special shoring due to the depth of the bore, thereby increasing the contract amount to $12,857,749.28; 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 Manager be and he is hereby authorized to execute Change Order No. 8 for additional work described above, thereby increasing the contract amount by $327,722.75 for a total contract amount of $12,857,749.28 for the South Park Drainage Improvement Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of October, 2014. - Mayor Becky Ames - a October 7, 2014 Consider granting a solid waste collection and transportation service franchise to Sprint Waste Services. L.P. RICH WITH OPPORTUNITY r ► � T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer October 7, 2014 Council consider granting a solid waste collection and transportation service franchise to Sprint Waste Services, L.P. On January 1, 2014, Triangle Waste ( a wholly -owned subsidiary of Sprint Waste Services, LP) merged into Sprint Waste Services, LP. Triangle Waste has a solid waste franchise agreement with the City of Beaumont but due to the legal change in corporate structure and merger with Sprint Waste Services, LP, it is necessary for the company to obtain a franchise agreement with the City in the name of Sprint Waste Services. LP. 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. Seven (7) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. 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 the franchisee. This is the third reading of the franchise ordinance. The first reading occurred on August 26, 2014 and the second on September 9, 2014. Franchise for Sprint Waste Services, LP. October 8. 2014 Pace 2 FUNDING SOURCE A franchise fee of seven percent (7 %) of gross receipts is paid into the General Fund. RECOMMENDATION Approval of resolution. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO SPRINT WASTE SERVICES, L.P. WHEREAS, Sprint Waste Services, L.P. (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 Sprint Waste Services, L.P. 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 underthis 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) peroccurrence 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 -of -way within 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 for a 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: Sprint Waste Services, L.P. 1000 S. Business Park Dr. Port Arthur, TX 77640 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 26th day of August, 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the 9th day of September, 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the 7th day of October, 2014. ACCEPTANCE: Sprint Waste Services, L.P. in (Company Owner /Representative) - Mayor Becky Ames - 3 October 7, 2014 Consider an ordinance for a zone change from RS (Residential Single Family Dwelling) to LI (Light Industrial) District and a specific use permit to allow a metal sandblasting and coating facility at 7625 Washington Boulevard 11EA,[1110N14r T • E • g • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager (/ )1� PREPARED BY: Chris Boone, Director of Planning and Community Development MEETING DATE: October 7, 2014 REQUESTED ACTION: Council consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) to LI (Light Industrial) District with a specific use permit for a metal sandblasting and coating facility at 7625 Washington Boulevard. BACKGROUND Robert Dean Fontenot is requesting the zone change and specific use permit. The Fontenots own approximately forty (40) acres at 7625 Washington Blvd., this request is for ±21.51 acres of the total area. The Fontenots purchased this property approximately fifteen (15) years ago and immediately opened for business. Staff has no record of permits pulled for this business. The property includes a barn, used for their sandblasting business, which is located in an area previously used for oil and gas drilling. Mr. Fontenot contends that this oil and gas drilling operation created a "dead zone" where vegetation no longer grows, making the land unsuitable for agricultural purposes. The proposed use employs two or three employees and operates from 8 AM to 4:30 PM, Monday through Friday. Sand blasting is considered similar to other metal working uses for the purposes of zoning. One of the primary concerns for this request is spot zoning. The reasons being: The request is not in compliance with the comprehensive plan. The subject property is designated as a neighborhood growth unit. 2. The request is not consistent with the zoning or land use of the surrounding area, existing uses in the area are primarily residential. While it is unfortunate that the business is not allowable in this zone type, the zoning pattern is predominantly RS. In addition the surrounding land use is residential to the north, Crescent on Walden is located to the southeast and land to the west and northwest have been developed residentially. Rezoning would not serve a public purpose furthering public health, safety, morals or general welfare. At a Joint Public Hearing held September 15, 2014, the Planning Commission recommended 5:2 to deny a zone change from RS (Residential Single Family Dwelling) to LI (Light Industrial) District with a specific use permit for a sandblasting shop at 762.5 Washington Boulevard. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of ordinance. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 31, Plat SP -8, C. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 21.514 acres, more or less. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: Robert Dean Fontenot APPLICANT'S PHONE #: (409) 860 -1853 f FAX #: (409) 838 -5577 NAME OF OWNER: Robert Dean Fontenot ADDRESS OF OWNER: 7625 Washington Blvd., Beaumont, TX LOCATION OF PROPERTY: 7625 Washington Blvd., Beaumont, TX LEGAL DESCRIPTION OF PROPERTY: SEE ATTACHED EXHIBIT FROM JEFFERSON COUNTY APPRAISAL DISTRICT 1 LOT NO. OR TRACT 1 BLOCK NO. ADDITION NUMBER OF ACRES PLAT S SURVEY NUMBER OF ACRES Z� • J �, 1 For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: Residential ZONING DISTRICT REQUESTED: Light Industrial HAS THE REQUEST BEEN MADE BEFORE? No IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE .... ............................... ........................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES .............$450.00 5 ACRES OR MORE ........ ............................... ........................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. D SIGNATURE OF SIGNATURE OF O ti PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: 7iLq - ZJl7 DATE RECEIVED:_ ,bl (3 RECEIPT NUMBER: DATE: December 24, 2013 PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880 -3764 FAX (409) 880 -3133 SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: Robert Dean Fontenot APPLICANTS ADDRESS: 7625 Washington Blvd., Beaumont, TX APPLICANTS PHONE #: (409) 860 -1853 FAX #. (409) 838 -5577 NAME OF OWNER: Robert Dean Fontenot ADDRESS OF OWNER: 7625 Washington, Beaumont, TX LOCATION OF PROPERTY :_ 7625 Washington, Beaumont, TX LEGAL DESCRIPTION OF PROPERTY. SEE ATTACHED EXHIBIT FROM JEFFERSON COUNTY APPRAISAL LOT BLOCK ADDITION NUMBER OF ACRES DISTRICT OR TRACT 143r- I PLAT 5 SURVEY C i U A 1�f'L� NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Sandblasting Shop ZONE: Light Industrial ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/:" X I1" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS Iisted on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN % ACRE .......... ............................... ........................$250.00 /z ACRE OR MORE AND LESS THAN 5 ACRES ...................$450.00 5 ACRES OR MORE ............ ............................... ........................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council. SIGNATURE OF APPWjCANT �' " -eat '-t,4 DATE: December 24, 2013 SIGNATURE OF PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: DATE RECEIVED: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880 -3764 Fax - (409) 880 -3133 TE: December 24, 2013 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. The Yoes Law Firm, L.L.P. William H. Yoes why @yoeslawfirm.com Planning Division, Room 201 City Hall, 801 Main Street Beaumont, TX 77701 RE: Dean Fontenot Dear Sir: Compass Bank Building 3535 Calder Avenue, Suite 235 P. O. Drawer 7584 Beaumont, Texas 77726 -7584 Telephone: (409) 833 -2352 Facsimile: (409) 838 -5577 December 24, 2013 d/b /a Ace Blasting & Painting Special Use Permit Application Property ID 210691 7625 Washington Blvd, Beaumont, TX Stuart C. Yoes scy@yoeslawfirm.com f a Hand - delivery We are hereby applying for an Amendment of the Zoning Ordinance under Chapter 28, City Codes, of the City of Beaumont Zoning Regulations to use a portion (0.74 acres) or all of the approximate forty (40) acres owned by Mr. and Mrs. Dean Fontenot as a sandblasting shop on property located at 7625 Washington Boulevard, Beaumont, Jefferson County, Texas, within a residential zone. The Fontenots have owned approximately forty (40) acres of land on Washington Boulevard in the City of Beaumont for approximately fifteen (15) years. As you probably know, the land was previously used for oil and gas drilling operations and agricultural purposes. The actions of the drilling company caused the land to become littered with debris and created "dead zones" where vegetation no longer grows. Although the Fontenots have cleaned up the land, "dead zones" still remain. Beginning in 1997, the Fontenots have utilized the land as their home and operated their sandblasting shop in a barn behind their home. The business employs two to three employees. On average, two (2) trucks per month deliver materials to be sandblasted and pick up finished materials. The business is fully permitted by the Texas Commission on Environmental Quality. There have been no complaints regarding the business in the fifteen (15) years that the Fontenots have operated their business at the site. The adjacent property is zoned either light industrial or residential. THE YOEs LAw FIRM, L.L.P. Planning Division December 24, 2013 Page 2 Relating to the proposal, please refer to the enclosed site plan/plat drawn to scale containing the following required information: 1) Boundaries of the area covered by the site plan; 2) The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roof line, gross floor area and location of building entrances and exits; 3) The location of existing and proposed drainage ways and significant natural features (see enclosed photograph); 4) Proposed required landscaping and screening buffers (see enclosed photograph); 5) The location and dimensions of all curb cuts, public and private streets, required parking and loading areas, pedestrian walks, lighting facilities, and outside trash storage facilities (see attached plat), 6) The location, height and type of each existing or required wall, fence, and all other types of screening (see enclosed plat); 7) The location, height and size of all proposed signs (Section 28.04.003). Also enclosed is a reduced 8 %" x 11 " photocopy of the site plan. Please find enclosed and fully incorporated in this correspondence a plat of the premises as well as an aerial photograph. Pursuant to Section 28.04.001, Zoning Ordinance, we hereby confirm that the following eight (8) conditions have been met: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3) That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; THE YOES LAw FIRM, L.L.P. Planning Division December 24, 2013 Page 3 4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6) That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and 8) That the proposed use is in accordance with the Comprehensive Plan. The granting of the variance will not be contrary to the public interest. Literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship ", meaning physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship has not resulted from the applicant's or property owner's own actions. In fact, should the Fontenots not be allowed to continue their business in its present location, the land will once again become the eyesore and community nuisance it was when the Fontenots purchased it. By granting the variance, the spirit of the chapter will be observed and substantial justice will be done. Lastly, enclosed is our check in the amount of $650.00 in payment of the appropriate application fee. Thank you for your assistance in this matter. Sincerel SCY /lml Enclosures Yoes 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 7625 WASHINGTON BOULEVARD, 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 RS (Residential Single Family Dwelling) District to LI (Light Industrial) District for property located at 7625 Washington Boulevard, being Tract 31, Plat SP -8, C. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 21.514 acres, more or less, as shown on Exhibit "A," attached hereto, 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 7th day of October, 2014. - Mayor Becky Ames - Pile 2194 -Z/P: Request for a zone change from RS (Residential Single Family Dwelling) J (Light Industrial) district with a specific use permit to allow a sandblasting shop. ,ocation: 7625 Washington Boulevard ?plicant: Robert Dean Fontenot 0 100 200 1 1 1 1 Feet EXHIBIT "A" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A METAL SANDBLASTING AND COATING FACILITY IN AN LI (LIGHT INDUSTRIAL) DISTRICT AT 7625 WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Robert Dean Fontenot has applied for a specific use permit to allow a metal sandblasting and coating facility in an LI (Light Industrial) District at 7625 Washington Boulevard, being Tract 31, Plat SP -8, C. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 21.514 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 and is recommending approval of a specific use permit to allow a metal sandblasting and coating facility in an LI (Light Industrial) District at 7625 Washington Boulevard; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a metal sandblasting and coating facility in an LI (Light Industrial) District at 7625 Washington Boulevard, being Tract 31, Plat SP -8, C. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 21.514 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to Robert Dean Fontenot, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 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 7th day of October, 2014. - Mayor Becky Ames - 'ile 2194 -Z/P: Request for a zone change from RS (Residential Single Family Dwelling) J (Light Industrial) district with a specific use permit to allow a sandblasting shop. .ocation: 7625 Washington Boulevard dplicant: Robert Dean Fontenot 0 100 200 L I I J Feet EXHIBIT "A" ~ O W Y •' Z h Q h j 8 Z PEW TOT ROAD S 8932'58" E 894.20' ergo SECURITY UGH77NG k CAMERA METAL BULDING ON SLAB BUILDING C EAYE HT - 27' MAX HT - 241' NTS s az72'07' w METAL BMDING aM� L� 5L DOW IS' OiEfi#E 2 aYErhEAd d00R DOOR BUILO/NC B £A vE HT = 15.5' MAX HT r8.4' NTS mw FENCE S 52'4407' E wmo N 891272" W IZ 13 acres "b ti =1-Az. N O ~ g 3g a'n 'W n r 8� H FtA� — N 0077'49" E 700 -79• FDrA1V ( = FO(A0 r/2" RF.W X- S'L0140MIG t LAM" AREA 21.9 acres Fdm Code 1 104 -60 -1995 "CRPR SECURITY UGH77NC S 0455'46 W 139.1 �1( CAMERA METAL BUILDING 0 ON SLAB r PERSONM2 ODDR✓ 1d Otf1PIff DOOR BULDING A £A YE HT = 16.6' MAX HT = 20.8' S 0254'16" W 174 -39 NTS N 8937'22" W 777.83' (c4LLEV resit S 8950 EEAS>7 16.11' 7625 WASHINGTON BOULEVARD RICHARD F. F, REGISTERED F ENGINEERING AND SURVEYING, INC. z525 CALDER STREET BEALWNT, TEXAS 77702 (409) 813-3410 FAX (409) 813 -3484 Surwyinq FNm Registration No. 100024-00 En9i�e o Fimr Reeietrat:en No- 4800 R£MAR X X 9B- _ 11ETAL BIAtONJC $ ® ON .SLAB N 0030'10' E 85.4,— aa• 292' (CALLED N 0029 -M 4 CONS FOVAO 1/Y REBAR A4 7 —w LP. of W zi ` WE N g iM£ W h 2 oZ c� 2 1REE LAVE N 0254'16" E 308.58' 0.62 acres vOL 2354, PAGE 367 "CDR % pia(£NaNG Wit+ l REBAR S 595771" E 15.44 G q" BEGINNN :ol) T ESSIONAL LAND SURVEYOR NO. 4782 2.13 ACRE TRACT OUT OF THE C. WILLIAMS SURVEY, ABSTRACT 59 JEFFERSON COUNTY, TEXAS EXHIBIT "B" F! October 7, 2014 Consider an ordinance and a resolution declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program RICH WITH OPPORTUNITY 11EAi[1110N T • E • % • A • S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager sr-� PREPARED BY: Chris Bootie, Planning & Community Development Director MEETING DATE: October 7, 2014 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance and resolution to declare the following seventy one (71) structures to be unsafe structures and order the owners to raze the said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 470 Adams & auxiliary bldgs 2. 2808 Atlanta 3. 2340 Avenue A (garage & shed only) 4. 3370 Avenue B 5. 3800 Avenue B 6. 6400 Bigner 7. 2650 Brahma 8. 1440 Brockman 9. 1645 Brooklyn 10. 1570 Cable 11. 1025 Center 12. 702 Clara 13. 1790 College (commercial) 14. 3515 College (commercial) 15. 1469 Corley (rear garage only) 16. 735 Delmar (commercial) I a t) v c. I i d r e P r h c) i j c, r; 1 5803U re3h-Cri N paraFr- 3 /-95 ',J I't (commercial auxiliary bldg) 1 (;ill & shed !a ss ho ijse c'iad & shed l G1 Cand 9, i�3 'F�115 Hale r,98 t-arriat & auxiliary b1clFs 32 2210 [iarrint 3 P,]()') Helbig 34 3125 Holly�,voed 'dvhvoodi & stied 36 2520 rterstate 10 k !,cr-,,nercja,!) 1800 Kenneth 38 1 '- 'i E-, Lamar 39 7C ampassas 40 350 I a Salle, E 41 1098 I ee & shed 42 4e5 lethia 43 765 Maple (commercial) 44. 2375 Monroe 45_ !H)5 Nora 46 8255 Oc3k, Ridge 47 2440 Omaha 48, 999 Orange (garage apartment shed) 49 2816 Orange & shed 50. 5155 Pennock 51 2410 Pennsylvania 52. 3145 Pine & shed 3 3150 [line 54. 590 L Pipkin (all structures) 1725 Pert 56 1675 Roberts (garage only) 57 685 Royal (commercial) 58. 8235 Sar-, Bruno VAO San C arloc. 00, 720 Shell & garage 4, r Yr an 62 ;5(' F Si moms 9, F,,araFc ("- Street t :T r) qnlith r,ntr one, 6f> -1205 Texas IS Oed V C add it Storage I bp 00 2 "%1met -5 An Bumn (gampe oC'.N 1 .2E / '1�Fn E u r F i! 1 .� �, ,ns�,5t0v, n HA( l <GNOUN As, stiMures have been inspected by the Building Code,. Division and fotjuc to be unsafe W! alums as defiiwol by the City of BeaurnonCs Code of %dir�ances, Chapter 24. A.rtic c 24 04 ()J-,Safe Substandard Structures, Division 1, Sec_ 1414001 of the 2009 hlternanonal Pinpeny Mauacriarice Code. Additionally, these sirUctums have deteriorated to a condition lhat They are rro icige,? considered suitable for repair. Ay nay incur the cost of dernodhon. Sources may include General fords, Community �e�,�cloprient I31eck Grant (CDB(,) funding, and a grant with dje Southeast "1 exas Regional Flaming Connnisdon and the Texas General Laird Office (G[,,O)_ RECOMMENDATION Approval of the ordinance and resolution. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 470 Adams & auxiliary bldgs 2. 2808 Atlanta 1 2340 Avenue A (garage & shed only) 4. 3370 Avenue B 5. 3800 Avenue B 6. 6400 Bigner 7. 2650 Brahma 8. 1440 Brockman 9. 1645 Brooklyn 10. 1570 Cable E11. 1025 Center 12. 702 Clara 13. 1790 College (commercial) 14. 3515 College (commercial) I't 15. 1469 Corley (rear garage only) 16. 735 Delmar (commercial) ! 17. 1380 Edwin & storage bldg 18. 1397 Euclid (auxiliary bldg) 19. 1465 Euclid 20. 1611 Euclid rear house only) Y) 21. 5860 Falcon 22. 55 N. 51h & garage 23. 495 N. 15` (commercial auxiliary bldg) 24. 275 E. Gill & shed 25. 2045 Glasshouse 26. 2448 Goliad & shed 27. 2645 Goliad & shed 28. 3351 Grand & shed 29. 1090 Hale 30. 1355 Hale 31. 698 Harriot & auxiliary bldgs 32. 2270 Harriot 33. 8195 Helbig 34. 3125 Hollywood 35. 5075 Idylwood & shed 36. 2520 Interstate 10 E (commercial) 37. 4800 Kenneth 38. 1175 Lamar 39. 3270 Lampassas 40. 350 La Salle E. 41. 1098 Lee & shed 42. 465 Lethia 43. 765 Maple (commercial) 44. 2375 Monroe 45. 2365 Nora 46. 8255 Oak Ridge 47. 2440 Omaha 48. 999 Orange (garage apartment & shed) 49. 2816 Orange & shed 50. 5155 Pennock 51. 2410 Pennsylvania i 52. 3145 Pine & shed 53. 3150 Pine 54. 590 E. Pipkin (all structures) 55. 1725 Port 56. 1675 Roberts (garage only) I t 57. 685 Royal (commercial) 58. 8235 San Bruno 59. 8010 San Carlos 60. 720 Shell & garage 61. 910 Sherman 62. 250 E. Simmons & garage 63. 3205 S. 6T" Street 64. 2080 South 65. 2305 St. Anthony r 66. 3205 Texas & shed 67. 330 Todd & storage 68. 120 21St Street 69. 745 Van Buren (garage only) 70. 1267 Van Buren �-71. 3890 Youngstown � I to be public nuisances in that said buildings violate Chapter 24, Article 24.04, Section 24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Ccrrfinn 7 In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the above described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That 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 7th day of October, 2014. - Mayor Becky Ames