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HomeMy WebLinkAbout06/29/2021 PACKET BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JUNE 29,2021 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call ELECTION OF MAYOR * Consider approval of an ordinance canvassing the results of the June 19, 2021 City Runoff Election • Administration of the oath of office * Mayor/Councilmembers/City Manager/City Attorney comments • Recess RECONVENE MEETING • Presentations and Recognitions • Public Comment: Persons may speak on Items 1, 2 and 4-8 CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) 1. Approval of the June 22, 2021 City Council Meeting Minutes 2. Authorize the conveyance of a Drainage Easement to Jefferson County Drainage District No. 6 REGULAR AGENDA 3. Consider a request for a Specific Use Permit to allow a church to be located at 2453 Broadway Street in the RCR-H (Residential Conservation Revitalization— Historic) District 4. Consider authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to Excavation& Construction for the Concrete Pavement Repair-City Wide Project 5. Consider authorizing the City Manager to award a contract to Infrastructure Engineering & Construction, LLC of Houston for the Pine Street Water Treatment Plant electrical building improvements DISCUSSION ITEMS 6. Review and discuss compensation for civilian employees 7. Review and discuss retrofitting an existing vehicle to be used for High Water Rescue 8. Review and discuss Water and Sewer Infrastructure and related projects COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager/City Attorney comment on various matters CLOSED SESSION • Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code,to wit: 555 Main Street • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Gerald Taylor, Sr., Individually, and as a Surviving Father of G.T., Decedent vs. City of Beaumont Claim of L&L General Contractors Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. June 29, 2021 Consider approval of an ordinance canvassing the results of the June 19, 2021 City Runoff Election BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: June 29, 2021 REQUESTED ACTION: Council consider approval of an ordinance canvassing the results of the June 19, 2021, City Runoff Election. BACKGROUND The Election Code, Section 67.003, states that each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not later than the eleventh day after election day and not earlier than the later of the third day after election day;the date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or the date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States. Council shall meet and canvass the returns and officially declare the results. The Elected official will be sworn in and take office in their respective position. The canvassing totals that are reflected in the attached draft ordinance are not the final canvassing numbers,they will be provided by the Jefferson County Clerk on or before June 29, 2021. RECOMMENDATION Approval of resolution. ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS OF THE RUNOFF ELECTION OF THE CITY OF BEAUMONT HELD ON THE 19TH DAY OF JUNE 2021, FOR THE PURPOSE OF ELECTING A MAYOR; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Council of the City of Beaumont, in session, duly called the runoff election to be held on the 19th of June 2021, and the election returns of the votes cast in said election were canvassed for the following official: for the office of Mayor; and, WHEREAS, after duly canvassing said returns, the City Council finds that the votes cast at said election for the candidates for said office are as follows: Office of Mayor: Votes Percentages Roy West 8,058 48.16% Robin Donatta Mouton 8,672 51.84% ; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the results of said runoff City election be and the same are hereby declared to have been as set out herein, and the following named person was elected to the respective position subject to the taking of the oath of office as provided by the laws of the State of Texas: For Mayor: Robin Donatta Mouton Section 2. The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law, and that said election was duly held and returns thereof were duly made by the proper officials of said election and in all things according to law. 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 or adjudged unconstitutional by a court of competent jurisdiction, 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; and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there by one or more parts. Section 4. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of June 2021. - Mayor Becky Ames - ATTEST: Tina Broussard, City Clerk 1 June 29, 2021 Approval of the June 22, 2021 City Council Meeting Minutes BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: June 29, 2021 REQUESTED ACTION: Council consider approval of the June 22, 2021 City Council Meeting Minutes. e BEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J."Turner Jr.,At-Large BECKY AMES, MAYOR Randy Feldschau, Mayor Pro Tern Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel,Ward III JUNE 22, 2021 Chris Durio,Ward IV Tyrone Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on June 22, 2021, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING • Invocation Pledge of Allegiance Roll Call • Presentation and Recognition • Public Comment: Persons may speak on items 1-8 * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Minister Bill Morgan with Calvary Baptist Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Feldschau, Councilmembers Durio, Getz, Turner, Samuel and Neild. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. There was a celebration of life for former Councilmember W. L. Pate, Jr., on his passing on June 20, 2021, with his family present, the Mayor and Council made comments regarding former Councilmember Pate. Proclamations, Presentation, Recognitions "Texas Coffee Company Month" - June, 2021- Proclamation read by Mayor Ames; accepted by Joseph Fertitta, CEO of Texas Coffee Company Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on items 1-8 Nicholas Hunger 9155 Mapes Beaumont TX Spoke regarding item #2 on the Consent Agenda, approving a purchase of a Managed Detection and Response (MDR) service from Arctic Wolf Networks, Inc of Eden Prairie, MN Minutes—June 22,2021 Addie Allen 9695 Gross St. Beaumont TX Spoke regarding item #1 on the Consent Agenda; June 15, 2021, City Council minutes and item #8 on the Agenda, consider a resolution approving a contract for the purchase of aluminum sulfate for use in the Water Utilities Department CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) 1. Approval of the June 15, 2021, City Council Meeting Minutes 2. Approve the purchase of a Managed Detection and Response (MDR) service from Arctic Wolf Networks, Inc of Eden Prairie, MN - Resolution 21-149 3. Revise Resolution 21-135 for the purchase of chemicals to be used by Jefferson County Mosquito Control as part of an Interlocal Agreement with Jefferson County-Resolution 21- 135A 4. Authorize the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute all documents necessary, including an interlocal agreement with the City of Port Arthur, Texas and Jefferson County, Texas in order to request these funds - Resolution 21-150 5. Authorize the settlement of the lawsuit styled Rhonda Scott vs. The City of Beaumont; Case No. 0207024 - Resolution 21-151 Councilmember Neild moved to approve the Consent Agenda with a correction to the minutes. Councilmember Turner seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED GENERAL BUSINESS 6. Consider amending sections 14.05.001, 14.05.002, 14.05.003, 14.05.005, 14.05.006 and 14.05.013 of the Code of Ordinances related to Food and Beverage within the Event Services Department. The City of Beaumont is no longer under contract with a concessions and alcohol provider. There are existing rates in Section 14.05.002 related to catering access. The proposed amendments outline rates to include beverage access in the Civic Center, Julie Rogers Theatre, Jefferson Theatre, Event Centre and Lakeside Center. In addition, the Event Facilities Department name has changed to the Event Services Department which is reflected in the proposed amendments. Minutes—June 22,2021 Approval of the ordinance. Mayor Pro Tern Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE TITLE OF CHAPTER 14, ARTICLE 14.05; AMENDING ARTICLE 14.05, SECTION 14.05.001(6); SECTION 14.05.002(8); SECTION 14.05.003(B) AND SECTION 14.05.005; REPEALING SECTION 14.05.006; AND, AMENDING SECTION 14.05.013 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES RELATING TO EVENT SERVICES;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-039 7. Consider a resolution approving a contract for the curb and gutter repair of street rehabilitation projects for use by Public Works. Bids were requested for a one-year contract with the option of a one-year extension at the same pricing for the repair of damaged curbs and gutters at various locations throughout the City. Five vendors were notified with one vendor, SETEX Construction Corp. of Beaumont, responding with an estimated annual amount of$479,925.30. Staff recommends awarding the contract to SETEX Construction Corporation. Funds will come from the Capital Program-Street Rehabilitation Program. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY SETEX CONSTRUCTION CORP.,OF BEAUMONT,TEXAS,IS THE LOWEST RESPONSIBLE BIDDER PROVIDING THE BEST VALUE TO THE CITY AND SHOULD BE ACCEPTED FOR A ONE (1) YEAR CONTRACT, WITH THE OPTION OF A ONE(1)YEAR EXTENSION AT THE SAME PRICING FOR THE CURB AND GUTTER REPAIR OF STREET REHABILITATION PROJECTS IN THE ESTIMATED AMOUNT OF$479,925.31,AND THAT THE CITY BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SETEX CONSTRUCTION CORP.,OF BEAUMONT,TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 21-152 Minutes—June 22,2021 8. Consider a resolution approving a contract for the purchase of aluminum sulfate for use in the Water Utilities Department. Aluminum Sulfate is used to clarify and purify the City's water supply. The Water Utilities Department expects to purchase approximately two thousand (2,000)dry tons of this material during the term of this contract. Bids were requested from nine vendors and seven responses were received. Brenntag Southwest, Inc. of Lancaster, Texas responded with the low qualified bid of$197.79 per ton making a total estimated annual amount of$395,580. This represents a 7.5 % increase in the price of this material from the last contract. Specifications allow for a twelve-month contract with the option of two renewals of twelve-month terms at the same pricing as the awarded contract. Staff recommends award of the contract to Brenntag Southwest, Inc.who holds the current contract. There are no local vendors of this commodity. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY BRENNTAG SOUTHWEST,INC.,OF LANCASTER,TEXAS,FOR AN ANNUAL CONTRACT,WITH THE OPTION OF TWO(2) MONTH TERMS AT THE SAME PRICING AS THE AWARDED CONTRACT, FOR THE PURCHASE OF ALUMINUM SULFATE FOR USE BY THE WATER UTILITIES DEPARTMENT FOR AN ESTIMATED AMOUNT OF $395,580.00, AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH BRENNTAG SOUTHWEST, INC., OF LANCASTER, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 21-153 COMMENTS Public Comments (Persons are limited to three minutes) Vernon Durden 16436 Westbury Rd. Beaumont TX Stated that it was a pleasant meeting on today, thanked the Mayor for her service over the last 14 years and has been a model for a lot of citizens, she's seen some highs and lows, a lot of what she's done through her decorum and integrity on the job will make other young women desire to do the job, the things that she's done for the city has made it grow, she's worked with a great Council, thanked her again for her service to the city Minutes—June 22,2021 • Addle Allen 9695 Gross Beaumont TX Stated that she has asked questions of Council and doesn't ever get answers, asked that somebody from the Council answer her questions regarding the planes that fly over the Amelia neighborhood, the planes fly all day and night and they are flying low, that's one of her concerns as well as the water, knows that there is brown water complaints but what about good drinking water, asked that there be some reports to let citizens know they are in good company, thanked Council for their service Herman Davis 790 Amarillo St. Beaumont TX Thanked the Mayor and her husband Rodney for being a family and friend to his family, gave condolences to the Pate family, made additional comments regarding the city water, glad to see everyone working together Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO- THANKED THE MAYOR FOR HER SERVICE,GLAD TO HAVE HAD AN OPPORTUNITY TO WORK WITH HER FORA SHORT PERIOD OF TIME,THE ADVICE THAT SHE'S GIVEN TO HIM HE WILL CARRY IT FORWARD, THANKED THE WATER DEPARTMENT STAFF FOR WORKING HARD TO SOLVE THE BROWN WATER ISSUE, THANKED THE PARKS DEPARTMENT FOR THE GREAT JOB THEY DID AT TYRELL PARK FOR THE JUNETEENTH CELEBRATION, THERE WILL BE A NEW MAYOR COMING IN AND HE'S READY TO WORK TOWARDS POSITIVE THINGS FOR BEAUMONT AND WANTS EVERYONE TO BE A PART OF THAT SUCCESS COUNCILMEMBER GETZ- STATED TO THE MAYOR, ALTHOUGH THEY HAVEN'T HAD A COMPLETELY HARMONIOUS RELATIONSHIP, HE'S ALWAYS KNOWN THAT SHE'S WORKED TO DO WHAT'S BEST FOR THE CITY OF BEAUMONT,KNOWS THAT SHE BELIEVES STRONGLY IN THE CITY AND IN ITS CITIZENS, COMPLIMENTED HER ON THAT, ALSO CONGRATULATED MAYOR ELECT ROBIN MOUTON ON HER WIN, THERE'S NO SECRET THAT HE SUPPORTED HER OPPONENT,STATED THAT ROBIN MOUTON WON THE RACE AND SHE DESERVES THE OPPORTUNITY TO LEAD THIS CITY AND SHE WILL HAVE HIS SUPPORT, IF SHE DOES A GOOD JOB THEN BEAUMONT WINS, IF SHE DOESN'T THEN SHE WILL HAVE AN OPPONENT,ANNOUNCED THE DOWLEN/WEST NEIGHBORHOOD ASSOCIATION MEETING, ON TONIGHT AT ROGERS PARK STARTING AT 6:30 P.M., CHIEF EARL WHITE WILL BE THEIR GUEST SPEAKER, COMMENDED COUNCIL ON THE TRIBUTE TO FORMER COUNCILMEMBER W.L.PATE,THANKED MAYOR PRO TEM FELDSCHAU FOR GIVING UP HIS SEAT TO HONOR FORMER COUNCILMEMBER PATE AND OFFERING ONE CITY CHURCH FOR HIS SERVICES, COMMENTED ON THE AT&T BUILDING, STATED THAT THEY WILL BE GOING INTO EXECUTIVE SESSION TO TALK ABOUT THE BUILDING, WOULD LIKE TO KNOW WHAT Minutes—June 22,2021 THE PLAN IS, STATED THAT THERE WAS AN EDITORIAL IN THE BEAUMONT ENTERPRISE AND READ A PORTION OF IT, HE HASN'T BEEN MADE AWARE OF ANY DEVELOPERS THAT ARE WAITING IN THE WINGS TO DO ANYTHING,IF ANY DEVELOPERS ARE OUT THERE HE WOULD CERTAINLY LIKE TO KNOW WHO THEY ARE, STATED THAT HE CAN'T SUPPORT THE PURCHASE OF A BUILDING FOR $2 MILLION PLUS DOLLARS, THE CITY WOULD BE PAYING MORE FOR THE BUILDING THAN WHAT IT'S WORTH, AS WELL AS DEMOLISHING THE BUILDING, THE PURCHASE AND DEMOLITION IS A$4 MILLION DEAL, HE DOES SUPPORT THE RIVERFRONT DEVELOPMENT BUT THINKS THAT THERE'S ANOTHER WAY IT CAN DONE WITHOUT PURCHASING THE AT&T BUILDING, ASKED THAT EVERYBODY GOOGLE CELEBRATION PARK, NAPLES FL., WANTS THE PUBLIC TO KNOW THAT THE CITY CAN DO SOMETHING TO OPEN UP THE RIVERFRONT ON LAND THAT THE CITY ALREADY OWNS, COMMENTED ON WHY THE CITY WANTS TO OPEN UP THE RIVERFRONT, HE UNDERSTANDS THAT THE COUNCIL WILL BE VOTING ON THIS AGAIN IN THE FUTURE, ASKED THAT THEY LOOK AT OTHER OPTIONS BEFORE THE COUNCIL GOES DOWN THIS COURSE COUNCILMEMBER TURNER- STATED THAT HIS FIRST THIRTY DAYS ON THE CITY COUNCIL WAS VERY ENJOYABLE, ROUGHLY TWO WEEKS AGO COUNCIL HAD AN EXECUTIVE SESSION REGARDING THE AT&T BUILDING, CHRIS BOONE WAS MAKING A PRESENTATION ON THE PLANS FOR THE RIVERFRONT DEVELOPMENT, THE EXECUTIVE SESSION WASN'T FINISHED BECAUSE THEY HAD SOME COUNCILMEMBER WALK OUT AND COUNCIL DIDN'T GET TO COMPLETE SEEING THE FULL DEVELOPMENT PLAN, WANTED CITIZENS TO KNOW THAT THEY DID GO OVER THE PLAN BUT WAS UNABLE TO FINISH, COUNCIL CAN'T DO A PLAN OR RELEASE ONE IF EVERYONE ON COUNCIL ISN'T WILLING TO SIT AT THE TABLE AND WORK TOGETHER, ALSO WANTED THE COMMUNITY TO KNOW THAT SOME PRIVATE DEVELOPERS HAVE COME OUT AND LOOKED AT SOME OF THE CITY'S PROPERTIES AND SPOKE WITH CITY STAFF, WANTS TO MAKE SURE THE COMMUNITY KNOWS THAT PLANS ARE TAKING PLACE, HE WANTS THE NARRATIVE TO BE CONTROLLED BY THE COUNCIL WORKING TOGETHER, STATED TO THE MAYOR THAT AS A KID HE WOULD SEE HER AND NEVER THOUGHT THAT HE WOULD ONE DAY BE SITTING NEXT TO HER, IT'S AN INSPIRATION AND AN HONOR, HE APPRECIATES EVERYTHING THAT SHE'S DONE FOR THE CITY, COMMENTED ON JUNETEENTH WEEKEND, STATED THAT IT WAS AMAZING,THE ENTIRE COMMUNITY CAME OUT,TO THE MAYOR ELECT ROBIN MOUTON THE COUNCIL IS READY TO WORK WITH HER AND THAT SHE'S ONLY AS STRONG AS HER TEAM,THANKED ROY WEST FOR DOING A GREAT JOB WITH HIS CAMPAIGN, STATED THAT BEAUMONT UNITED HIGH SCHOOL HOSTED A FREE BOYS BASKETBALL CAMP,THE GIRLS BASKETBALL AND VOLLEYBALL TEAMS HOSTED A FREE CAMP Minutes—June 22,2021 AS WELL AS, ENCOURAGED EVERYONE THAT HAS KIDS TO GO OUT AND SUPPORT THESE PROGRAMS MAYOR PRO TEM FELDSCHAU - STATED THAT FOR 27 YEARS MAYOR AMES SERVED THE CITY OF BEAUMONT WITH DEDICATION AND GENUINE CONCERN,THE MAYOR SERVED THE CITIZENS WITH FAIRNESS AND EQUALITY REGARDLESS OF THEIR RACE OR THEIR POLITICAL AFFILIATION, HE WATCHED AS SHE STOOD HER GROUND IN THE FACE OF UNREASONABLE AND OFTEN MEANSPIRITED CRITICISM ALL DONE AT THE GUIDES OF HUMOR AND POLITICAL GAIN, OVER THE LAST 27 YEARS SOME MAY QUESTION HER METHODS BUT NO ONE CAN QUESTION YOUR MOTIVE, THE MAYORS MOTIVE WAS SIMPLE, TO MAKE BEAUMONT BETTER FOR ALL OF US, THE MAYOR WILL BE REMEMBERED BY ALL FOR HER ACCOMPLISHMENTS IN 27 YEARS OF SERVICE, FOR HIM PERSONALLY HE WILL LONG REMEMBER HER WORDS SPOKEN TO HIM "RANDY WHEN YOU DON'T KNOW WHAT TO DO, REGARDLESS OF THE CRITICISM OR POLITICAL PRESSURE JUST FOLLOW YOUR HEART AND DO WHAT IS RIGHT FOR THE CITIZENS OF BEAUMONT" CONGRATULATED THE MAYOR ON HER WELL EARNED RETIREMENT FROM CITY HALL, THANKED HER FOR HER SERVICE COUNCILMEMBER SAMUEL- COMMENTED ON HIS TIME SERVING WITH THE MAYOR,STATED THAT THEY HAVE SEEN SOME GREAT DAYS, THEY HAVE BEEN THROUGH SOME STORMS, SLEPT ON SHIPS TOGETHER, THEY HAVE DONE A LOT OF THINGS TOGETHER, STATED THEY WILL ALWAYS REMAIN FRIENDS, HE'S LEARNED A LOT FROM HER OVER THE YEARS AND SHE SHOWN HIM HOW TO BE A TRUE SERVANT,THANKED HER FOR BEING A FRIEND,A MAYOR,AND A COLLEAGUE,WISHED HER WELL,THANKED RODNEY FOR HIS SERVICE TO THE CITY AS WELL, HE'S BEEN A PILLAR FOR THE MAYOR AND THE CITY COUNCILMEMBER NEILD - THANKED THE MAYOR FOR 27 YEARS OF SERVICE, THANKED RODNEY FOR THE SUPPORT THAT HE HAS SHOWN OVER THE LAST 27 YEARS AS WELL CITY ATTORNEY COOPER- STATED THAT EVERYONE KNOWS THAT THE MAYOR LOVES THIS CITY, SHE HAS WORKED TIRELESSLY AS A COUNCILMEMBER AND A MAYOR TO MOVE THIS CITY FORWARD, SHE'S ALWAYS SUPPORTED HIM AND HE APPRECIATES THAT,HE KYLE AND THE MAYOR WORKED AS A TEAM AND IT WILL CONTINUE WITH THE NEW MAYOR ELECT ROBIN MOUTON, WON'T SAY GOODBYE BECAUSE HE KNOWS THEY WILL SEE OTHER AS SHE WILL CONTINUE TO BE INVOLVED WITH WHAT GOES ON IN THE CITY CITY MANAGER HAYES - STATED THAT THE MAYOR IS A GREAT FRIEND, TO BE THE MAYOR IS A TOUGH JOB AND TO BE THE LONGEST SERVING MAYOR SAYS SO MUCH IN ITS SELF, THE MAYOR IS AN Minutes—June 22,2021 EXCELLENT LEADER, PERSON AND FRIEND, TO HAVE A RELATIONSHIP WITH HER AND THE CITY ATTORNEY WILL ALWAYS BE SPECIAL, STATED THAT YOU DON'T ACCOMPLISH ANYTHING IN LIFE WITHOUT WORKING WITH OTHER PEOPLE AND THAT'S WHAT IT TAKES, EVERYONE LOVES THE MAYOR VERY MUCH AND WILL BE FRIENDS FOR A LONG TIME,THE CITY MANAGER STATED THAT HE WANTED TO RECOGNIZE THE CITY CLERK, TINA BROUSSARD, SHE'S IN A UNIQUE POSITION, HE AND THE CITY ATTORNEY DON'T INTERACT WITH HER EVERYDAY LIKE THE TWO OF THEM WORK CLOSELY TOGETHER, BUT SHE'S BEEN PART OF THIS TEAM, SHE'S ALWAYS SUPPORTIVE AND WORKS SO WELL WITH HIM AND THE CITY ATTORNEY,WANTED TO THANK HER FOR THAT AND ALSO WISH HER A HAPPY BIRTHDAY MAYOR AMES - THANKED EVERYONE THAT CAME TO THE MEETING TODAY AND ALL OF THE WELL WISHES THAT'S SHE HAS RECEIVED OVER THE LAST FEW WEEKS, STATED THAT SHE WILL MISS COMING TO COUNCIL,IT WILL BE BITTERSWEET,KNOWS THAT COUNCIL WILL BE LEFT IN GOOD HANDS, APPRECIATES EVERYONE'S WELL WISHES AND COMMENTS ON TODAY,THANKED COUNCIL FOR THE BEAUTIFUL FLOWERS, THINKS THAT STAFF KNOWS HOW SHE FEELS ABOUT THEM, SHE WILL TRULY MISS EVERYONE,ASKED THAT COUNCIL TRY REALLY HARD TO MOVE FORWARD WITH THE RIVERFRONT DEVELOPMENT,STATED TO MAYOR ELECT ROBIN MOUTON THAT IF SHE NEEDS HER SHE WILL BE AVAILABLE TO HELP HER WITH WHATEVER SHE NEEDS, THANKED RODNEY FOR BEING AT THE MEETING TODAY AND ALWAYS BY HER SIDE, WHISHED CITY CLERK, TINA BROUSSARD A HAPPY BIRTHDAY, ANNOUNCED THAT THE UNITED STATES AIR NATIONAL GUARD BAND OF THE SOUTHWEST, HISTORICAL KNOWN AS THE 531ST AIR FORCE BAND WILL BE HAVING A FREE CONCERT AT THE JEFFERSON THEATRE ON MONDAY,JUNE 28, 2021 AT 7:00 P.M.,THE 45 MEMBER UNIT WILL PERFORM A VARIETY OF STYLES FROM MILITARY MARCHES TO PATRIOTIC SELECTIONS TO BROAD WAY SHOW TUNES, TICKETS CAN BE PICKED UP AT THE CIVIC CENTER BOX OFFICE Open session of meeting recessed at 3:19 p.m. CLOSED SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 555 Main Street * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Minutes—June 22,2021 • Bethany Q. Spell vs. The City of Beaumont; Case No. B-0205591 Becky Ames, Mayor Tina Broussard, City Clerk Minutes—June 22,2021 2 June 29, 2021 Authorize the conveyance of a Drainage Easement to Jefferson County Drainage District No. 6 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Public Works Director& Technology Services MEETING DATE: June 29, 2021 REQUESTED ACTION: Council consider a resolution authorizing the conveyance of a Drainage Easement to Jefferson County Drainage District No. 6. BACKGROUND The City of Beaumont has agreed to convey a drainage easement to Jefferson County Drainage District No. 6. The easement is described as being a strip of land out of the J. W.Bullock League, Abstract 7, Jefferson County, Texas. The purpose of the drainage easement is to construct and maintain a ditch on city-owned property at the end of Parish and Proctor which will deliver storm run-off from the railroad ditch, Parish Street and Proctor Street to the Fleetwood Detention Basin located on Washington Blvd. The drainage easement will also benefit the end of Del Place which drains into the railroad ditch. Jefferson County Drainage District No. 6 will maintain the ditch and drainage pipe. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont, Texas has agreed to convey one (1) drainage easement, said easement being a strip of land out of the J.W. Bullock League, Abstract No. 7, Beaumont, Jefferson County, Texas, described and shown in Exhibit "1," attached hereto, to Jefferson County Drainage District No. 6 to facilitate construction and maintenance of a ditch on city-owned property at the end of Parish Street and Proctor Street which will deliver storm run-off from the railroad ditch, Parish Street, and Proctor Street to the Fleetwood Detention Basin located on Washington Boulevard; and, WHEREAS, the City Council has considered the public purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; 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 one (1) drainage easement, said easement being a strip of land out of the J.W. Bullock League, Abstract No. 7, Beaumont, Jefferson County, Texas, described and shown in Exhibit "1," attached hereto, to Jefferson County Drainage District No. 6 for drainage improvement purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of June, 2021. - Mayor Robin Mouton - DRAINAGE EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § CITY OF BEAUMONT,whose address is 801 Main Street,Beaumont,Texas 77701,(hereinafter called"GRANTOR"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00),in hand paid and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,and subject to the reservations and exceptions described herein,does hereby GRANT,BARGAIN,SELL and CONVEY unto Jefferson County Drainage District No.6 (hereinafter called"GRANTEE"),its successors and assigns,a perpetual drainage easement for constructing,operating and maintaining stormwater drainage ditches,berms and related facilities in, on,over and across the lands described herein,attached hereto and made apart hereof as though here copied verbatim, for drainage purposes. The drainage easement, situated in the J.W. Bullock League,Abstract 7,Beaumont,Jefferson County,Texas,is more particularly described as follows, to-wit: Fleetwood Detention Basin Being a strip of land out of the J.W.Bullock League,Abstract 7,Beaumont, Jefferson County,Texas,and also being out of those two tracts of land conveyed to the City of Beaumont and recorded in the Deed Records of Jefferson County, Texas,Volume 1404,Page 602 and Volume 1095,Page 93; said strip of land being the West 67 feet of the said tract in Volume 1404 and the Southwest corner of the said tract in Volume 1095; said Southwest corner tract being 67 feet measured along the South line from the Southwest corner,and 115 feet measured along the West line from the Southwest corner;said corner tract's East and North lines narrowing from South to North,and staying 3 feet away from the chain link fence surrounding the water tower;said strip of land being depicted on the attached Exhibit"A"incorporated herewith as reference. Such drainage easement is granted over GRANTOR's lands to improve the flow of water drainage from tributaries located within Jefferson County,Texas,and to construct and excavate detention basins,ditches and laterals,and to construct all necessary and related structures,whether temporary or permanent thereon for the pooling and flow of waters,and giving said GRANTEE the right and privilege to improve, maintain and operate the same as permitted by law, and giving unto GRANTEE the right and privilege of cleaning out and deepening basins,ditches,or water flows within the easement tract. The drainage easement also includes the right of GRANTEE to construct, operate,maintain,alter,repair and patrol each drainage easement,and the improvements,including pipes,made thereto,together with the right to construct any necessary temporary or permanent drainage structure,construct and utilize dirt placement areas,restrict any future use or placement of obstructions within the drainage easement that incompatible with GRANTEE's easement, remove all dirt therefrom,trim,cut,fell and remove therefrom all trees,underbrush,obstructions and other vegetation,structures or obstacles within the limits of the drainage easement at any time and for any reason during the term of this easement without further payment;and further including the right to construct improvements above ground and underground essential to the GRANTEE's drainage facilities,within the limits of said drainage easement. GRANTEE will maintain the pipes placed in the drainage easement. Notwithstanding the foregoing devise,the following reservations and exceptions will apply to and limit the conveyance of the easement described herein: 1. GRANTOR reserves unto itself,its successors and assigns,the right to exercise all such interests,rights,and privileges as it may now have or may hold in the future without unreasonably interfering with or abridging the rights and easements conveyed herein. 2. The consideration recited in this drainage easement shall constitute payment in full for all damages sustained by GRANTOR by reason of GRANTEE's exercise of the rights hereby granted. City of Beaumont Drainage Easement Fleetwood Detention Basin Page 1 of 2 EXHIBIT "1" This instrument was prepared from information furnished by the parties and no examination has been made and no opinion has been given by the firm preparing this instrument as to the title to or the description of the property involved. TO HAVE AND TO HOLD the above-described drainage easement and right of way unto the said Jefferson County Drainage District No.6,its successors and assigns perpetually. WITNESS the execution hereof on this day of ,2021. GRANTOR: CITY OF BEAUMONT By: Printed Name: Title: STATE OF TEXAS § COUNTY OF JEFFERSON § This Drainage Easement was acknowledged before me,the undersigned authority,on the day of ,2021,by the on behalf of the City of Beaumont. Notary Public,State of Texas After recording return to: • Dr.Joseph Majdalani,PE,CFM Jefferson County Drainage District No.6 6550 Walden Road Beaumont,Texas 77707 DC/pk/Easement City of Beaumont Drainage Easement Fleetwood Detention Basin Page 2 of 2 • MUNICIPAL DR. eG — — 0 , , 2oa\ ;P�iy ES ° ' 2 � e I . 100I I \ �c�bti \ ug a DRAINAGE sa Fflet ti m O�p�, O EASEMENT o O 700/-'H O J y _ IP CRY OF BEAUMONT W200 OF B5 Water Tower —' N "ti. ...ti. _ ---- ..----.-=....---•-•-=---:----- — ,—',—...immm..... =. f 18' HOP 41/4 E j f 115 ` 18' HDPE iThZ F.L 10.0 O / J� (5a ` CONC.SPILLWAY 2-24' HDPE Z 60' HDPE O°s 6 m 2; E P -o Mil 4' H)PE o F.L B.0' �?A IMMINI 5 MIN I I = �a I I I � w � Y SOU 0 Da� }217 Ia • s� 11 Existing JeffersonCounty �� DD Fleetwood Detention Basin — —_ — — \ ( JEFFERSON COUNTY DRAINAGE DISTRICT No. 6 FLEETWOOD DETENTION BASIN ADD—ON PREPARED BY OUT OF THE JEFFERSON COUNTY CITY OF BEAUMONT TRACTS DRAINAGE DISTRICT No. 6 ENGINEERING DEPARTMENT BEAUMONT, JEFFERSON COUNTY, TEXAS Thur. 23 Dec 2020 DRAINAGE EASEMENT EXHIBIT "A" 3 June 29, 2021 Consider a request for a Specific Use Permit to allow a church to be located at 2453 Broadway Street in the RCR-H (Residential Conservation Revitalization—Historic) District BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning& Community Development Director MEETING DATE: June 29, 2021 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a church to be located at 2453 Broadway Street in the RCR-H (Residential Conservation Revitalization—Historic)District. BACKGROUND Weldene Smith, is requesting a Specific Use Permit to establish a church at 2453 Broadway Street. The most recent occupant of the property was Jason's Deli, for office space. Worship services would be held on Sunday mornings. The rear of the property is paved for parking. However,the spaces (including the handicap spot) will need to be repainted. The site plan will need to be updated to show the proposed parking layout with dimensions prior to repainting. At a Joint Public Hearing held on June 21, 2021, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow for a church in the RCR-H (Residential Conservation Revitalization—Historic) District with the following conditions: 1. Update site plan to show the proposed parking layout with dimensions to meet city requirements. 2. Restripe parking at rear of building. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Update site plan to show the proposed parking layout with dimensions to meet city requirements. 2. Restripe parking at rear of building. BEAUMONT Planning&Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type:Specific Use Permit Tag Name:Church in RCR-H Case#: PZ2021-162 Initiated On:5/26/2021 1:59:52PM Location:2453 BROADWAY ST, BEAUMONT,TX,77702 Individuals listed on the record: Applicant Weldene Smith Home Phone: 2380 Long Street Work Phone: Beaumont,TX 77702 Cell Phone: E-Mail: baertl@sbcglobal.net Case Type:Planning and Zoning Page 1 of 2 • Case#:PZ2021-162 Printed On:6/2/2021 BEAUMONT Planning & Community Development Legal Description AVERILL L 7 B 26 Number of Acres 0.16 Proposed Use church That the specific use will be Fully described in attached letter narrative. compatible with and not injurious to the use and enjoyment of other property,nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific Our use will not impede any normal and orderly development and use will not impede the normal and improvement of surrounding vacant property. orderly development and improvement of surrounding vacant property; That adequate utilities,access roads, No changes are planned to the utilities,access road,drainage and drainage and other necessary other necessary supporting facilities. We will comply with supporting facilities have been or will requirements. be provided The design,location and arrangement The driveway and parking spaces provide for the safe and convenient of all driveways and parking spaces movement of vehicles and pedestrian traffic without adversely provides for the safe and convenient affecting the general public or adjacent development. movement of vehicular and pedestrian traffic That adequate nuisance prevention There will be no offensive odor,fumes,dust, noise,or vibrations measures have been or will be taken caused by our presence. to prevent or control offensive odor, fumes,dust,noise and vibration That directional lighting will be No directional lighting will be used. provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping No changes will be made to landscaping and screening that is and screening to insure harmony and currently present except for routine maintenance. compatibility with adjacent property That the proposed use is in The property is currently zoned according to the Comprehensive accordance with the Comprehensive Plann and will be maintained as such. Plan Notes: Case Type:Planning and Zoning Page 2 of 2 Case#:PZ2021-162 Printed On:6/2/2021 • Coffl1u1it o C1rit May 20,2021 2380 Long St. Beaumont,TX 77702 To Beaumont Zoning and Planning Members, I am the Co-Pastor,with Meg Baertl Brown,for the Beaumont Community of Christ. I am writing to request approval for our church to be located at 2453 Broadway Street. For many years our congregation was located in Port Neches. In response to changes in the make up of the membership and the travel distances to the church facility a decision was made to sell the building and purchase in Beaumont. In 1999 we purchased property at 720 Dixie Lane,for a church home and to provide outreach to the young children in the neighborhood. We provided them with opportunities for group activities with supervision and an environment to promote peace and understanding. We also provided a basketball hoop in the parking lot that the young people could use at any time. Over the years those children grew up. Several of them continue to keep in contact with some of their peers who are members of our congregation. In March of this year the property was sold and we now have funds to purchase property. In our desire to find new opportunities to fulfill our mission to"promote communities of joy,hope,love and peace"we extended our outreach to the LGBTQ community of Beaumont. Our church is an inclusive, Christian community that is open to all. We have had a booth et the Beaumont Pride Celebration for the last toui year§.The first year thei e, we met two gentlemen who became active leaders in our ministry to the hungry and homeless. This guided our decision to look for a church home in the Old Town area where we could be more available to those in need. Until late 2019 we rented space for worship in the Daleo Pharmacy Building at the corner of Calder Avenue and 8th Street. While we were housed in the tialeo store front,we provide sandwiches;cookies,and cold drinks to anyone who stopped by on the second and fourth Wednesdays at noon.Any sandwiches that were left on the second Wednesday were taken to the homeless where they were located in the city. On the fourth Thursday we were partnered with TAN (Triangle Area Network) Healthcare to go with them in their mobile heath care unit to provide food;while they provide health care surviees,I have served as vice-ehairi and chair, on T1AN's board of directors. Our congregation also collected clothing for those in need that we encounter,and provided at least one meal of food that did not need preparation or refrigeration. One of our members crochets sleeping mats from plastic grocery-style bags that the congregation collects. The mats can be rolled and carried by included straps. They have been provided to the homeless we encountered who were sleeping on the ground. Since the arrival of the Covid pandemic,we have not been meeting as a group and our outreach ministry to the poor and homeless has been interrupted. We are committed to improving the wet-rote of all who live in Old Town. We are sensitive to the concerns of property owners in the area while working to relieve the suffering of the hungry. We not only serve here,but we also live here. The two gentlemen I referred to live on Pecos. Having always admired the area,I moved from the west side of the city to 8th and Long Streets. and am an active member of The Oaks Historic District Neighborhood Association.This year Meg Brown,our co-pastor,and her husband have moved from Orangefield and purchased a home on Asley. From the time we put the Dixie property on the market we have looked for property in the Old Town neighborhood. We were notified of the house at 2453 Broadway Street that was previously owned by Jasons Deli and used as offices. We believe the property is uniquely appropriate for Mir congregation. Our goals is to clean up the property and restore the exterior of the house. Sufficient on-site parking is already available in the rear or the building.Our congregation is small.We have twenty chairs in our sanctuary and they have never all been filled at the same time.We are traditional in worship style and meet for worship on Sunday mornings. We are small in number but are committed to making a memungfiil and.positive impact in the neighborhood and the City of Beaumont. Sincerely yours, Weldene Baertl Smith,Pastor included In the site plan: • Boundaries of the area covered by the site plan; • 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; • The location of existing and proposed drainage ways and significant natural features; • Proposed required landscaping and screening buffers(Section 28.04.006(f)}; • 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(Section 28.04.002 and Section 28.04.006(g)); • The location,height and type of each existing or required wall,fence,and all other types of screening(Section 28.03.006(f)); • The location,height and size of all proposed signs(Section 28.04.003 or 28.03.4)21, depending on location). 3. Signature Sheet(available under"applications"on the Planning page)must be signed and uploaded before application can be accepted for consideration.Original signed document must he received in the Planning office before the Planning Commission can hear the case. Signature Sheet Number p2- Applicant- A.pacief142, J'SaLef`' r_]rn< <"� Print ttinrue _szeitizum14423 adi Signaluue to Current Property Owner. Extraordinary Designs,LLC Pr itsl r4 nn (-?ee is eTc_i' •cm— %'v+ VSZv�,32��5t1s pm ` � crr Signature, DIU - Current Property Owner. Pnra r4arrs • Signature Rite Current Property Dancer D.m more. Sivelute LUte Agent e (if applicable} v„rvl more 5ignowm Cute ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION- HISTORIC) DISTRICT FOR PROPERTY LOCATED AT 2453 BROADWAY STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Weldene Smith has applied for a specific use permit to allow a church in an RCR-H (Residential Conservation Revitalization-Historic) District for property located at 2453 Broadway Street, being Lot 7, Block 26, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.16 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 church in an RCR-H (Residential Conservation Revitalization-Historic) District for property located at 2453 Broadway Street, subject to the following conditions; • Update site plan to show the proposed parking layout with dimensions to meet city requirements; • Restripe parking at rear of building; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a church 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 church in an RCR-H (Residential Conservation Revitalization-Historic) District for property located at 2453 Broadway Street, being Lot 7, Block 26, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.16 acres, more or less, as shown on Exhibit "A," is hereby granted to Weldene Smith, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions; • Update site plan to show the proposed parking layout with dimensions to meet city requirements; • Restripe parking at rear of building. 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of June, 2021. - Mayor Robin Mouton - l'Z2021-162: Request for a Specific Use Permit to allow for a church in the RCR-If . esidential Conservation Revitalization—Historic)District. pplicant: Weldene Smith At1.11 I ocation: 2453 Broadway Street o io0 200 Feet ''''''vto•yr'..;T." -- ' • -- ,If• . ,.___-,-.' - ,-:,-.--;•C.‘4s••r' r '1.1,-.,0 .... .' 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EXHIBIT "A" 4 l 6r 3 • goy. . .. . �.-- 1 Lela $ 7'F ' • . .. 8.7? .Paa 411 i .- . . • t '' Ialsh • • AD • ' 9 ' ante. . r._ • ' 4- ���{ 1 _ A idea { Appr b if net a ,, sc f t , EXHIBIT "B" _. 4 June 29, 2021 Consider authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to Excavation& Construction for the Concrete Pavement Repair-City Wide Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: June 29, 2021 REQUESTED ACTION: Council consider authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to Excavation& Construction for the Concrete Pavement Repair-City Wide Project. BACKGROUND On October 23, 2018, by Resolution No. 18-267, City Council awarded a contract to Excavation & Construction, of Port Arthur, in the amount of$3,656,485.47, for the Concrete Pavement Repair—City Wide Project. Proposed Change Order No. 1, in the amount of($280,109.12), is required to deduct scheduled repairs that were either completed by the City's Streets and Drainage Division and are better suited for asphalt rehab. Change Order No. 1 will also adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved,the adjustment in quantities would result in a fmal contract amount of$3,376,376.35. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 1, maintenance, and fmal payment in the amount of$176,418.82 is recommended. FUNDING SOURCE Capital Program—Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 18-267 WHEREAS, the City of Beaumont solicited bids for the Construction of Concrete Pavement Repair—City Wide Project; and, WHEREAS, Excavation & Construction, of Port Arthur, Texas, submitted a complete bid meeting specifications in the amount of$3,656,485.47; and, WHEREAS, the City Council is of the opinion that the bid submitted by Excavation & Construction, of Port Arthur, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; 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 hereby approves the award of a contract to Excavation & Construction, of Port Arthur, Texas, in the amount of $3,656,485.47, for repair of concrete pavement at various City locations for the Construction of Concrete Pavement Repair—City Wide Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Excavation & Construction, of Port Arthur, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. • PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of October, 2018. () 1 su 0 w 6 - - ayor Becky Ames- �eAgs.ok9• • • i CITY OF BEAUMONT DATE Jo=16,2021 (ORIGINAL CONTRACT TOM(DAYS): _ I 522 j PROJECT: CONCRETE PAVE06FhTREPAIR OWNEEb CTTYOFBEAIIMONT 'ADDITIONAL TIME REQUESTED: I 0 I CONTRACTOR: EXCAVATION&CONSTRDCTION " CHANGE ORDER NO.01-FINAL INEW CONTRACTTEM: _ I 522. t ' -. ie Forao>a csaxrbsre a*P>:Aas etroroaa canoT+s Wriik `, F 'T 7� i .'" .F 5 ,.. w. ? r f..,-c5ta Y .'�7-'Y h. r.„ �¢i� �r A.e : . .�,.rg ij Thk Clrmge Otda a01 adjav ge�iin b rtDst r;frs Oot vae atradYmaTletell 6y the Cigh Stsmt and DrahsBe Drpaaom ormpate tim me Iseacr edbd far Asphalt ilehnh 71c6 Cbwbro Crda also odjatst the estam:d qoardtiev in.0.4Umaac(gmmma used in she co yle6aottheFcject. ItrmNa 10mCode Descfptlaa Va)t O+i¢mlQ0m94 1&wQ00001y MIME= Total 10d 6021 Remove Coaatte(Caeb) LF 4611.00 7.257Jel 5t0Am 526A66.711 104 6622 Eamon tmairta(Gab ad Gutter Bose&Sibrmde) LF 46I1A0 O00 510.00 .5/4110.00 247 - 6233 plaB6y(ry-D)(GT2/COQ(Comp.la Maa)(Bno sy Comm) 17a7'1DD 152573E S32.45 464.69892 NO -6130 DCRSMAISQjTY-0PG70-22 TON 600m 17557 MEW 5973912E sa .6002 Rao 36t4302 Repair olemamParmeat(ILES.)(2- sy leetesl. -6227.0E 2.070.72 S155.17 5661.0672E • Dem361-6006 RepalrolCoaaete Part OLEN(10 sy - 361 6004 lne4e)-- 316600 13(5.90 516182 5216 sis1tem361-6060 RrpcirolCaaae m eParrut(B.PS)(6- sy 66W Ieeheft - 6331.00 12.15236 514653 '5253.00385 Kd 999 Itmc4aaBom Dtahobml(aids Pus C)(5)Mantle) EA; 5.00 12.00 2500600 25000.00 496 652 RemoveSuxae Paraiba Borblmale or Web) PA 5.00 IIAO sums0 56000.06 629 6001 CaaaaeCmb arlD(Class A) LF 4611.00 7.032.67 31000 .52427670 579 6002 CaaecteCarb&GourrppD)(Om A) iF 4611J0 000 30*54 4/3533001 TOTAL: 0,109.12 _r * .1( .P4.`OCA7d ffiDAYBABEADDSD TO�CONTREC7 t2475,F ffiS C88ROS DRDEB r 7 1.c.. �..z , Yi i is s E rL ,1., sn , y c f r x: ORIGINAL CONTRACT AMOUNT: S 3.656.48547 NETFROM PREVIOin CHANGE ORDERS: _S- TOTAL AMODNTOF THIS CHANGE ORDER: 5 (280.109.12) PERCENT OF THIS CHANGE ORDER: 7.66%e TOTAL PERCENT CHANGE ORDER TO DATE: 7.66% NEW CONTRACTAMO13NT S 3.376.3763E AC By: P A[tED BY: 6/ / -6/2Z/7a21 CAVATION&CONSTR N,LLC,REPRESEWATIVE D D TINGLE,ELT. DATE - - DATE UBLIC WORKS DESI MANAGER REVIEWED BYs ` 1 �Ip�:J� 1 BY 4^23^ZI AMALIA VILLARREAL.P.E DATE BARTKO DATE '-CM ENGINEER ENGINEER DIRECTOR OF PUBLIC WORKS AND TECHNOLOGY SERVICES APPROVED BY: ATTESTED BY: KYLE HAYES,CITY MANAGER DATE TINA BROUSSARD,CITY CLERK DATE ._CITY OF BEAUMONT ESTIMATE • PROJECT: . CONCRETE PAVEMENT REPAIR , AWARDED CONTRACT AMOUNT: $3,656,485.47 PERCENT OF TIME USED.: "100.00% CONTRACTOR: . Excavation&Construction,LLC CONTRACT DATE: •October 23,2018 PERCENT OF WORK COMPLETED': .100.00% MONTHLY ESTIMATE 4 30-FINAL CURRENT CONTRACTAMOUNT: $3,376,376,35 • , . PERIOD ENDING: April 1-23,2021 CONTRACT WORKING DAYS: 522 ' CHANGE ORDERS 2 01.FINAL WORKING DAYS USED: . 522 ITEM.; ' PESC. • • '.'1,, ' , ' DESCRIPTION .'-',,i'... ' .•UNIT ' EST..-',, • PREVIOUS ' TO DATE1; ,TOTAL ESTIMATE UNIT • TOTAL. I I e.'Na CODE__ .. - , '-f'-'.•1.' . -''''.".. . ...: ' MEASURE .. QTY. .' 11, ESTIMATE •••ESTIMATE;-''' , ' TO DATE . PRICE .. AMOUNT 104. 6021 Remove Concrete(Curb) IP 7257.67 _. 7,257.67 0.00 7,257.87 $ 10,00 $ 72,576.70 104 -6022 Remove Col:Crete(Curb and Gutter Rase SSubgrade) ' IP 0 0,00 0.00 0.00 $ 10.00 $ - 247 6233 Flex Rase MI(Ty.D)(Gr.2)(0C)(Comp.In Pleas)Masa Course) Sr 1585138 1E852.38 0.00 15,851,88 $ 37.45 $ 514,409.73 340 6138 D.OR HMAI5O)TY•D P070.22 TON 165.57 185,57 0.00 285.57 $ 235.00 $ 43,608.95 361 6002 Item 361-5002 Repair of Concrete Pavement(WES.)(8.Incties) SY 2070.72 E070.72 0.00 2,070.72 $ 155,17 $ 321,313.62 361 6004 Rem 381.6004 Repolr of Concrete Pavement(H,ES.)(10-Inches) SY 1845.9 1,84.4.90 0,00 1,845,90 $ 163.82 $ 30E395.34 361 6080 Item 361.6050 Repair of COCAIN Pavement(H.E.S.)(13-Inctres) SY 11152.08 12,152.38 0.00 , 12,152313 $ 146.53 $ 1,7130,639.91 463 999 JunitIon Boxes Manholes and Inlets(Class C)(51(Complete) EA 12 12,00 0.00 12..80 $ 300.00 $ 6000060 496 6002 Remove Strucitire(Junction 8ox,Manholas or Inlets) EA 11 11.00 0.00 11.00 $ 1,000.00 $ 11,000.00 SOO 6001 MobIllrotlon(Not to Exceed 5%) , , LS 1 0.90 0,10 - 1.00 $ 80000.00 $- 80,000.00 502 6001 Berrleades,Signs 6 Traffic Handling EA 24. 24.00 0.00 24.00 $ 9,000.09 $ , 220,000.00 529 6001 Concrete Curb II)(Claus A) Er 7038.67 7,03E67 MOO 7,038.67 $ 10.00 $ 70,386.70 528 . 6002 Conc ' rb&G erjrial4409a**)-- Er 0 040 OM, 0.00 $ 30.00 $ - ------ ,...----,_ i . PREPARED BY: 6/22/20Z,1 GRAND TOTAL AMOUNT OF WORK DONE: $ 3,376,376.35 AVID TINGLE,E.I.T.,•P LIC WORKS DESIGN MANAGER DATE LESS 5%RETAINAGE: • . . REVIEWED BY: r..3.,4..NS..\1s_\\.\\,,„ ..),Jv -91C iblc 0: I SUBTOTAL: $ 3,376,37655 ,AMALIA VILLARREAL,P.E.,CITY GINEER DATE LESS PREVIOUS PAY ESTIMATE: $ 3,199,95753 BARTKOWI , APPROVED BY: -23 -Z/ FINAL PAYMENT 1NITH RETAINAGE: $ 176,418.82 DATE DIRECTOR OF PUBLIC WORKS AND TECHNOLOGY SERVICES ',tete there GI I work InclatrUrig materials covered by MI t invoice hem boon compliged or dellventil In accordance with Cone 'doormen , . t 4 makf EXCAVATION&CONSTR ION,LLC,REPRESENTATIVE DATE • 'I of 1 1 RESOLUTION NO. WHEREAS, on October 23, 2018, 2021, the City Council of the City of Beaumont, Texas, passed Resolution No. 18-267 awarding a contract in the amount of $3,656,485.47 to Excavation & Construction, of Port Arthur, Texas, for the Construction of Concrete Pavement Repair-City Wide Project; and, WHEREAS, Change Order No. 1, in the amount of ($280,109.12) is necessary to deduct scheduled repairs that were completed by the City's Streets and Drainage Division and to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the total contract amount to $3,376,376.35; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; 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. 1, in the amount of ($280,109.12), to deduct scheduled repairs that were completed by the City's Streets and Drainage Division and adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the contract amount to $3,376,376.35; and, BE IT FURTHER RESOLVED THAT the Construction of Concrete Pavement Repair-City Wide Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of$176,418.82 to Excavation & Construction, of Port Arthur, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of June, 2021. - Mayor Robin Mouton - 5 June 29, 2021 Consider authorizing the City Manager to award a contract to Infrastructure Engineering & Construction, LLC of Houston for the Pine Street Water Treatment Plant electrical building improvements BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: June 29, 2021 REQUESTED ACTION: Council consider authorizing the City Manager to award a contract to Infrastructure Engineering & Construction, LLC of Houston for the Pine Street Water Treatment Plant electrical building improvements. BACKGROUND The Pine St. Electrical Building Flood Protection Improvements Project shall provide flood mitigation for the main electrical building and generator building at the City of Beaumont's Water Treatment Plant and provide elevated improvements to the existing diesel tank. On June 10, 2021,three (3) bids were received for furnishing all labor,materials, equipment, and supplies for the project. The bid totals are indicated in the table below: Contractor Location Total Award Amount Infrastructure Engineering & Construction, LLC Houston, TX $522,464.00 Deztex Industrial Services, LLC d/b/a RAMTEX Beaumont, TX $544,989.22 Apex Alliance, LLC Port Neches, TX $612,063.00 Engineer's Estimate $526,000.00 Based on a review of the bids and required documents received,the Water Utilities staff agrees with Freese and Nichols, Inc., and recommends awarding the project to the lowest bidder, Infrastructure Engineering & Construction, LLC in the amount of$522,464.00. A total of 260 calendar days are allocated for the completion of this project. FUNDING SOURCE Capital Program in the amount of$130,616.00 and Federal Emergency Management Agency (FEMA) in the amount of$391,848.00. RECOMMENDATION Approval of the resolution. Recommendation for Award of Contract Project Pine St. Electrical Building Flood Protection Improvements—Bid No.WU0421-20 Project Number Owner City of Beaumont BMT18731 Project Description The Work for this project consists of a flood protection wall and gates around the Main Electrical Building and Generator Building,civil/site work including a sump and sump pump,grading,and paving,and electrical improvements at the Main Electrical Building. Date Bids Received 6/10/2021 Bid Tabulation Attached? ® Yes LI No Recommended Offeror Infrastructure Engineering&Construction LLC Recommended Amount of Contract Award $ $522,464.00 Project Budget $ $526,000.00 Contract Price within Available Funds? ® Yes ❑ No Funding Source City of Beaumont Proposed Project Completion Date 260 days Contract Times meet Owner's Schedule? ® Yes ❑ No Comments Three (3) bids were received. Infrastructure Deztex Industrial Apex Engineer Engineering& Services LLC dba Alliance,LLC Estimate Construction LLC RAMTEX Mobilization $20,516.00 $21,200.96 $4,650.00 $17,000.00 Storm Water Pollution Prevention Plan $11,796.00 $9,207.98 $5,245.00 $10,000.00 Trench Safety $3,146.00 $0.00 $7,540.00 $5,000.00 Flood Protection Wall around Main Electrical $186,385.00 $200,069.17 $296.920.00 $255,000.00 Building and Generator Building Civil/Site Work for Main Electrical Building and $66,354.00 $94,717.31 $79,640.00 $12,000.00 Generator Building$66,354.00 Electrical Improvements in Main Electrical $47,543.00 $49,154.57 $46,850.00 $60,000.00 Building Raise Diesel Tank $36,814.00 $20,639.23 $21,218.00 $17,000.00 Owner Directed Items $150,000.00 $150,000.00 $150,000.00 $150,000.00 Recommended Total $522,464.00 $544,989.22 $612,063.00 $526,000.00 The apparent lowest bid was provided by Infrastructure Engineering&Construction LLC. FNI has had positive experience working with Infrastructure Engineering&Construction LLC on an ongoing project. FNI also interviewed a reference of Infrastructure Engineering&Construction LLC who also indicated positive experiences on a wide variety of projects including site civil and electrical work. FNI recommends award of the contract to Infrastructure Engineering&Construction LLC. Review of the Bids received indicates that the offer of the Recommended Contractor provides the best value to the Owner.A review of the Recommended Contractor's Statement of Qualifications and a check of the references provided indicates that the Recommended Contractor meets the qualification requirements specified in the Contract Documents and that Recommended Contractor's previous experience on similar projects has been acceptable. It is recommended that the Project be awarded to the Recommended Contractor in the amount of the Recommended Amount of Contract Award. Recommended by Somnath Chilukuri, P.E. Date 6-17-2021 Title Sr. Project Manager Representing Freese and Nichols, Inc. Recommendation for Award of Contract Page 1 of 1 00 4116"Bid Form Exhibit A" City of Beaumont Pine St.Electrical Building Flood Protection Improvements BMT18731 Bid Date:6/10/2021 Infrastructure Engineering&Construction LLC Deztex industrial Services LLC dba RAMTEX Apex Alliance,LLC - Engineer's Estimate . Item No, -- .Description , . Unit _ Unit Price Extended Amount. - ' Unit Price- • Extended Amount ` Unit Price. ,Extended Amount' -Unit Price Extended`Amount', . ,.Quantity - A-01 _Mobilization LS 1.00 $20,516.00 $20,516.00 $21,200.96 $21,200.96 $4,650.00 $4,650.00 $17,000.00 $17,000.00 A-02 Storm Water Pollution Prevention Plan LS 1.00 $11,796.00 $11,796.00 $9,207.98 $9,207.98 $5,245.00 $5,245.00 $10,000.00 $10,000.00 A-03 _Trench Safety LS 1.00 $3,146.00 $3,146.00 $0.00_ $0.00 $7,540.00 $7,540.00 $5,000.00 $5,000.00 Flood Protection Wall around Main Electrical Building and Generator Building including reinforced concrete wall and A-04 foundation,sliding access gate,and stop log gate In LS $186,385.00 $186,385.00 $200,069.17 $200,069.17 $296,920.00 $296,920.00 $255,000.00 $255,000.00 accordance with the Contract Documents and complete In place, 1.00 Civil/Site Work for Main Electrical Building and Generator A-05 Building Including concrete sump,two sump pumps,grading, LS 1.00 $66,354.00 $66,354.00 $94,717.31 $94,717.31 concrete access road,and paving in accordance with the $79,640.00 $79,640.00 $12,000.00 $12,000.00 _Contract Documents and complete in place. Electrical Improvements in Main Electrical Bulding In A-06 accordance with the Contract Documents and complete in LS $47,453.00 $47,453.00 $49,154.57 $49,154.57 $46,850.00 $46,850.00 $60,000.00 $60,000.00 place. 1.00 Raise Diesel Tank including modifications to doncrete pad in A-07 accordance with the Contract Documents and complete in LS 1.00 $36,814.00 $36,814.00 $20,639.23 $20,639.23 $21,218.00 $21,218.00 $17,000.00 $17,000.00 place. A-08 Owner Directed Items LS 1.00 $150,000.09 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 ALLOWANCE ITEMS None A TOTAL BASE BID AMOUNT $ 522,464.00 $ 544,989.22 $ 612,063.00 $ 526,000.00 B Add(+)or Deduct(-)" C TOTAL AMOUNT BID(A+B) $ 522,464.00 $ 544,989.22 $ 612,063.00 $ 526,000.00 "Provision is made for Bidder to include an addition or deduction in his bid,if he wishes,to reflect any last minute adjustments in price.The ```���‘,1_ addition or deduction,If made,will be applied proportionately to the bid for item A or B as applicable. _ cE OF 11 i 0 Ay SOMNATH CHILUKURI ▪ i 0 • � 118309 lit.:: I OA' <•/C ��'•�•�▪ 06-15-2021 /I111`\NA``` . eim4 FREESE AND NICHOLS,INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Pine Street Electrical Building Flood Protection Improvements Project; and, WHEREAS, Infrastructure Engineering & Construction, LLC, of Houston, Texas, submitted a bid in the amount of$522,464.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Infrastructure Engineering & Construction, LLC, of Houston, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; 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 hereby approves the award of a contract to Infrastructure Engineering & Construction, LLC, of Houston, Texas, in the amount of $522,464.00, for the Pine Street Electrical Building Flood Protection Improvements Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Infrastructure Engineering & Construction, LLC, of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of June, 2021. - Mayor Robin Mouton - DISCUSSION ITEM 6. Review and discuss compensation for civilian employees DISCUSSION ITEM 7. Review and discuss retrofitting an existing vehicle to be used for High Water Rescue DISCUSSION ITEM 8. Review and discuss Water and Sewer Infrastructure and related projects