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HomeMy WebLinkAboutPACKET JAN 16 2018BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 16, 2018 1:30 P.M. CONSENT AGENDA * Approval of minutes — January 9, 2018 * Confirmation of board and commission member appointments Paula Blazek would be appointed as Chairman of the Historic Landmark Commission. The term would commence January 16, 2018 and expire September 30, 2019. (Mayor Becky Ames) Dohn LaBiche would be appointed as Vice Chairman of the Historic Landmark Commission. The term would commence January 16, 2018 and expire September 30, 2019. (Mayor Becky Ames) Sina Nejad would be appointed as Chairman of the Planning and Zoning Commission. The term would commence January 16, 2018 and expire September 30, 2019. (Mayor Becky Ames) Lauren Williams Mason would be appointed as Vice Chairman of the Planning and Zoning Commission. The term would commence January 16, 2018 and expire September 30, 2019. (Mayor Becky Ames) A. Approve an annual towing contract with TNT Wrecker Services for use by various City departments B. Approve an increase in price for a previously approved purchase of a bucket truck for the Traffic Management Division C. Approve a resolution providing for the reimbursement of a capital expenditure incurred prior to the closing of financing D. Approve an annual maintenance agreement with Superion for use by Police, Fire, and EMS E. Authorize the Mayor to execute a waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes F. Approve an encroachment agreement and an engineering cost reimbursement agreement with Sunoco Pipeline LP RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Paula Blazek, Chairman Dohn LaBiche, Vice Chairman Sina Nejad, Chairman Commission Beginning Expiration of Term of Term Historic Landmark Commission 01/16/2018 09/30/2019 Historic Landmark Commission 01/16/2018 09/30/2019 Planning and Zoning 01/16/2018 09/30/2019 Commission Lauren Williams Mason, Vice Planning and Zoning 01/16/2018 09/30/2019 Chairman Commission 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 16th day of January, 2018. - Mayor Becky Ames - D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 16, 2018 REQUESTED ACTION: Council consider a resolution approving an annual towing contract with TNT Wrecker Services for use by various City departments. BACKGROUND Vehicles to be towed include disabled city -owned vehicles for Fleet Management, impounded or seized vehicles for the Police Department and inoperable, wrecked or junked vehicles for Code Enforcement. Bids were requested from fifteen (15) towing companies with only one (1) response received. The towing specifications include light, medium and heavy duty vehicles. Specifications allow for a one (1) year contract with the option of two (2) renewals of a one (1) year contract. The estimated cost for one year is $64,540, which is about a 25% increase over the prior contract. A copy of the bid tab is attached. FUNDING SOURCE General Fund (84%) and Fleet Fund (16%). RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for an annual contract, with an option to renew for two (2) additional one (1) year contracts, for towing services of impounded, seized, inoperable, wrecked or junked vehicles; and, WHEREAS, TNT Wrecker Services, of Beaumont, Texas, submitted a bid for an estimated total annual expenditure of $64,540.00 in the unit amounts shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by TNT Wrecker Services, of Beaumont, Texas, 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 bid submitted by TNT Wrecker Services, of Beaumont, Texas, for an annual contract, with an option to renew for two (2) additional one (1) year contracts, for towing services of impounded, seized, inoperable, wrecked or junked vehicles for an estimated total annual expenditure of $64,540.00 in the unit amounts shown on Exhibit "A" be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with TNT Wrecker Services, of Beaumont, 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 16th day of January, 2018. - Mayor Becky Ames - BID NAME: ANNUAL CONTRACT FOR TOWING SERVICES FOR FLEET MANAGEMENT, CODE ENFORCEMENT AND POLICE DEPARTMENT BID OPENING DATE: THURSDAY, JANUARY 4, 2018 BID NUMBER: PF1118-06 Section I - Fleet Management TNT Wrecker Service Beaumont, TX Item # Est Qty Description Unit Price Total Price 1 250 Towing - Light Du $65.00 $16,250.00 2 50 Towin -Medium Du $125.00 $6,250.00 3 75 Towing - H avy Du $225.00 $16,875.00 4 Jump Start - Light Du $65.00 $225.00 5 Jump Start - Medium Du $125.00 6 Jump Start - Heavy Du $125.00 7 Pull Out - Light Du $65.00 8 Pull Out - Medium Du $125.00 9 Pull Out - Heavy Du $125.00 10 lWork Time 1/10 hr $20.00 Cost for towing from Fleet Management Facility to Phillpott Ford or JK Chevrolet 11 10 Light Du $125.00 $1,250.00 12 20 IMedium Du $175.00 $3,500.00 13 5 1 Heavv Du $275.00 $1,375.00 Cost for towing from Fleet Management Facility to DeJeans, Phil ott Body Shop and Energy Country 14 10 Light Du $150.00 $1,500.00 15 25 Medium Du $200.00 $5,000.00 16 10 Heavv Du $300.00 $3,000.00 Total Section 1 $55,000.00 Section II - Code Enforcement TNT Wrecker Service Beaumont, TX Item # Est Qty Description Unit Price Total Price 1 76 Towing - Light Du **' $65.00 $4,940.00 2 1 Towing - Medium Du $125.00 $125.00 3 1 Towing - Heavy Du $225.00 $225.00 Total Section II $5,290.00 Section III - Police Department TNT Wrecker Service Beaumont, TX Item # Est Q Description Unit Price Total Price 1 60 Towing- Light Du $65.00 $3,900.00 2 1 Towing- Medium Du $125.00 $125.00 3 1 Towing- HeavyDu $225.00 $225.00 Total Section III $4,250.00 *** Price reduced by TNT Wrecker Service. Original price was $85.00 each. Reduced price is $65.00 each EXHIBIT "A" BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 16, 2018 REQUESTED ACTION: Council consider a resolution approving an increase in price for a previously approved purchase of a bucket truck for the Traffic Management Division. BACKGROUND On November 7, 2017, Council approved Resolution 17-234, for the purchase of a bucket truck in the amount of $137,439.31, from Silsbee Ford. Due to a clerical error by the vendor, the pricing was incorrect. The corrected price is $172,752.31, reflecting an increase of $35,313.00. Pricing was obtained through Good Buy, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Good Buy complies with the State of Texas procurement statutes. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 17-234 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of fifty (50) vehicles for use by various City departments from Silsbee Ford, of Silsbee, Texas, in the amount of $2,056,869.97 through the GoodBuy Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2017. RESOLUTION NO. WHEREAS, on November 7, 2017, the City Council of the City of Beaumont, Texas, approved Resolution 17-234, for the purchase of fifty (50) vehicles for use by various City departments from Silsbee Ford, of Silsbee, Texas, in the amount of $2,056,868.97 through the GoodBuy Cooperative Purchasing Program; and, WHEREAS, included in Resolution No. 17-234 was the purchase of a bucket truck from Silsbee Ford for the Traffic Management Division in the amount of $137,439.31; and, WHEREAS, due to clerical error by the vendor, the pricing of the bucket truck was incorrect; and, WHEREAS, the corrected price is $172,752.31, reflecting an increase of $35,313.00; and, WHEREAS, pricing was obtained through the GoodBuy Cooperative Purchasing Program; and, WHEREAS, the City Council is of the opinion that approving the increase in price for a previously approved purchase of a bucket truck for the Traffic Management Division is in the best interest of the City of Beaumont and its citizens; 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 an increase in price from $137,439.31 to $172,752.31 for a previously approved purchase of a bucket truck for the Traffic Management Division. 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 16th day of January, 2018. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd,Simoneaux, Chief Financial Officer MEETING DATE: January 16, 2018 REQUESTED ACTION: Council consider a resolution providing for the reimbursement of a capital expenditure incurred prior to the closing of financing. BACKGROUND The FY 2017 Budget included the order of a new fire truck. Due to the long lead time on fire trucks, the financing was included in the FY 2018 Budget. The truck was to be financed over a period not to exceed 5 years. The truck has been received prior to the financing being secured. A reimbursement resolution is warranted in order to allow the City to reimburse itself out of the proceeds of the financing for the truck since payment was required prior to the lease purchase being secured. FUNDING SOURCE , The debt service related to this financing was budgeted in the Capital Reserve Fund in the FY 2018 Budget. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont declared an intent to acquire certain equipment as a capital expenditure with reimbursement to be funded from proceeds of a lease purchase agreement. The equipment hereinafter called "PROPERTY" is generally described below: ; and, One (1) Fire Pumper Truck $691,000.00 WHEREAS, the City of Beaumont may pay certain capital expenditures in connection with the Property prior to its receipt of proceeds of the lease -purchase agreement described below for such expenditures; and, WHEREAS, the City of Beaumont reasonably anticipated that it would make expenditures with respect to the Property in the principal amount not exceeding the amount stated above for which the City may or expects to enter into one or more Lease - Purchase Agreements with a financial institution; and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of Beaumont to allow the City to reimburse itself out of the proceeds of the financing for a fire pumper truck if payment is required prior to the lease purchase being secured; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1 - The City of Beaumont finds and determines that the foregoing recitals are true and correct. Section 2. The City of Beaumont expects the City will pay certain capital expenditures in connection with the Property prior to the receipt of the Lease Purchase Proceeds for the Property. Section 3. The City of Beaumont hereby declares the City of Beaumont's official intent to use the Lease Purchase Proceeds to reimburse itself for the above described Property expenditures. Section 4. This Resolution shall take effect from and after its adoption. 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 16th day of January, 2018. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: January 16, 2018 REQUESTED ACTION: Council consider a resolution approving an annual maintenance agreement with Superion for use by Police, Fire, and EMS. I:���:�l�171111►�17 Superion software is used by Police, Fire, and EMS for the dispatching of emergency personnel, records management for Police, case management, and numerous other essential functions for Public Safety. 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 twenty-four/seven unlimited telephone support for 911 dispatching; Monday — Friday, 8 — 5 support for mobile computers, electronic field reporting, and all records management applications, and provides annual software upgrades. This agreement is for an annual period beginning January 2018 in the amount of $269,101.92. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. 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 $269,101.92 to Superion for the renewal of an annual maintenance agreement for Police, Fire and EMS public safety software support beginning January, 2018. 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 16th day of January, 2018. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: January 16, 2018 REQUESTED ACTION: Council consider a resolution authorizing the Mayor to execute a waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes. The Jefferson County Mosquito Control District is requesting that the City of Beaumont grant authority for them to operate their aircraft at a low altitude over the City of Beaumont for mosquito control purposes. The Jefferson County Mosquito Control District operates their aircraft in accordance with all federal and state rules and regulations governing this type of application. The Jefferson County Mosquito Control District makes this request on an annual basis. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. )� H ) le"-11 JJ Jefferson County Mosquito Control District Organized in 1950 Kevin J. Sexton, Director 8905 First Street Beaumont, Texas 77705 Phone: (409) 719-5940 Fax: (409) 727-4176 ksexton@co.iefferson.tx.us January 5, 2018 Mayor's Office City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Dear Mayor: Advisory Commission: Dr. M. 0. Way, Chairman Denise Wheeler, Secretary George Mitchell Matt Vincent Paul Jones Reginald Boykin Sr. Each year the Jefferson County Mosquito Control District requests the governing bodies of the different communities in Jefferson County to furnish a waiver permitting the Mosquito Control aircraft to fly at low altitudes over the territory under their jurisdiction. It is respectfully requested that the City Council sign the enclosed waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft over the City of Beaumont for mosquito control purposes. Federal Regulations places the responsibility of maintaining all records and complying with all rules and regulations upon the operator of the aircraft. This file is open at all times for inspection. We furthermore request that you please mail or fax the signed copy of the waiver to the number listed above. If at any time you may have any questions, please contact our office for assistance. Respectfully yours, Kevin Sexton, irector Cc: County Judge Jeff Branick, Jefferson County Commissioner Eddie Arnold, Precinct 1�1S910717,� Commissioner Brent Weaver, Precinct 2 Commissioner Michael Sinegal, Precinct 3CV Commissioner Everett Alfred, Precinct 4 Fs �a� Lv ONt � Jefferson County Mosquito Control District Organized in 1950 Kevin J. Sexton, Director 8905 First Street Beaumont, Texas 77705 Phone: (409)719-5940 Fax: (409) 727-4176 ksexton@co. iefferson. tx. us 301� z 7, January 5, 2018 AERIAL WAIVER Mayor's Office City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Advisory Commission: Dr. M.O. Way, Chairman Denise Wheeler, Secretary George Mitchell Matt Vincent Paul Jones Reginald Boykins Sr. The Jefferson County Mosquito Control District is authorized to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the limits of City of Beaumont, Texas. Jefferson County Mosquito Control operates in accordance with all Federal and State Rules and Regulations governing this type of application. Signature: Mayor's Office, City of Beaumont, Texas Date: Kevin Sexton, Director Jefferson County Mosquito Control District KS/dw 7 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Mayor is hereby authorized to execute a document furnishing an aerial waiver to the Jefferson County Mosquito Control District for the purpose of allowing their aircraft to fly at low altitudes over the City of Beaumont. 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 16th day of January, 2018. - Mayor Becky Ames - F TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 16, 2018 REQUESTED ACTION: Council consider a resolution approving an encroachment agreement and an engineering cost reimbursement agreement with Sunoco Pipeline LP. BACKGROUND The City landfill is required to secure dirt necessary for daily landfill cover. That dirt is hauled from property which is adjacent to the landfill site. To get back and forth to the adjacent property, City trucks must cross three (3) pipelines owned by three (3) companies (Kinder - Morgan, Exxon and Sunoco LP). Sunoco LP is requiring the City to pay for the installation of a concrete saddle to cover its pipeline for safety reasons. Sunoco LP approved an encroachment agreement with the City to provide for the installation of a concrete saddle over an existing pipeline that will allow access to City -owned property adjacent to the pipeline. It is also necessary to enter an engineering cost reimbursement agreement with Sunoco LP. The cost for the construction of the saddle is approximately $72,500 and Sunoco LP is the sole source for this construction. FUNDING SOURCE Solid Waste Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Sunoco Pipeline L.P. approved an Encroachment Agreement with the City of Beaumont to provide for the installation of a concrete saddle over an existing pipeline that will allow access to City -owned property adjacent to the pipeline, which will provide fill dirt required at the Beaumont Landfill; and, WHEREAS, the City of Beaumont wishes to enter into an Encroachment Agreements with Sunoco Pipeline L.P. to provide for the installation of a concrete saddle over the existing pipeline to access the adjacent City -owned property which will provide fill dirt required at the Beaumont Landfill; and, WHEREAS, it is also necessary to enter into an Engineering Cost Reimbursement Agreement with Sunoco Pipeline L.P. for the purpose of performing a detailed engineering design for the construction of the approximately eighty foot (80') protective concrete saddle; 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 enter into an Encroachment Agreement and Engineering Cost Reimbursement Agreement with Sunoco Pipeline L.P. for the purpose of performing a detailed engineering design for the construction of approximately eighty feet (80') of a protective concrete saddle in relation to a sixteen inch (16") diameter carbon steel pipe The Encroachment Agreement and Engineering Cost Reimbursement Agreement are substantially in the form attached hereto as Exhibits "A" and "B," respectively, and made a part hereof for all 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 16th day of January, 2018. - Mayor Becky Ames - Pipeline Name/ID# Mariner South 16" 21045 (21044) R/W File # TX -JE -116.000 -ROW ENCROACHMENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § THIS ENCROACHMENT AGREEMENT (the "Agreement"), is made this day of 20_, by and between SUNOCO PIPELINE L.P., a Texas limited partnership ("Sunoco") whose mailing address is 1300 Main Street, Houston, Texas 77002, and CITY OF BEAUMONT, ("Grantee"), whose mailing address is P 0 Box 3827, Beaumont, Texas 77704. WITNESSETH: WHEREAS, pursuant to the terms of a certain right-of-way agreement dated July 17, 1941, executed and delivered by W.E. Howth Jr. and Sarah Willard to Magnolia Petroleum Company_ and recorded in the Office Public Records in Jefferson County, State of Texas, Book No. 479, Page 382, ("Right of Way Agreement"); and WHEREAS, all right, title, interest, and estate originally granted by said Right -of -Way Agreement are now owned by Sunoco; and WHEREAS, Grantee represents and warrants that he is the present Grantee of that certain tract of land described in a Deed dated October 18, 1983 and recorded via film code 100 36 0545, Instrument number 8329704 of the Official Public Records for Jefferson County, State of Texas. Said tract of land is subject to the above described Right of Way Agreement, and WHEREAS, Grantee desires to construct a commercial roadway, hereinafter as shown on Exhibit "A", (hereinafter referred to as "Improvements"), which will (or portions of which will) encroach over, across or within Sunoco's right of way and easement area as described above. NOW THEREFORE, in consideration of the mutual promises, covenants and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties hereto as follows: 1. Except as hereinafter provided, Grantee shall not construct nor permit others to construct any buildings, engineering works or other improvements, nor change the grade, within Sunoco's right of way and easement, an area measuring twenty five feet on each side of the centerline of Sunoco's existing pipeline. 2. Sunoco hereby consents and agrees, insofar as it has the lawful right to do so, to the construction of said Improvements as limited and described above and in accordance with Sunoco's Engineering and Construction Guidelines, Revision 4 dated 8/15/2017 incorporated herein by reference. Any deviation, change, or revision to the proposed Improvements is strictly prohibited without the express written consent and approval of Sunoco. 3. Grantee shall restore all areas disturbed during installation and maintenance of the Improvements in accordance with state and local laws and to prevent the erosion of Sunoco's right of way. 4. If in Sunoco's opinion, it deems it necessary to remove any portion of said Improvements to gain access to its pipeline for repair, maintenance, or for any other purpose whatsoever, or in the exercising any rights granted to it by the above-described Right of Way Agreement, Sunoco may, at its sole cost and expense and without notice first being given to Grantee, remove all or any portion of said improvements; and after Sunoco has completed the work for which said Improvements were removed, Grantee, agrees to replace same at its sole cost and expense. Sunoco shall not be responsible or liable to Grantee for any damage caused to said Improvements in the performance of the work above-described or from the placing of barricades and sealing off of Grantee's land from the public use. 5. Grantee, its agents, contractors, successor and assigns shall give Sunoco seventy-two (72) hours notice prior to any proposed excavation, grading or construction over or near Sunoco's pipeline and right of way in accordance with state law by contacting the National Call Before You Dig Hotline at 811. A Sunoco representative must be present during any of the aforementioned construction activities. The presence of Sunoco's representative will not relieve Grantee of any liability under this Agreement. 6. It is understood and agreed that any rights acquired under the above-described Right of Way Agreement shall remain in full force and effect. Rev 030816 CNS EXHIBIT "A" 7. Grantee agrees to immediately contact Grantor's offices in the event of any incident involving, or potentially involving, the Pipeline 8. This encroachment agreement is subject to the existing easement rights of Grantor, and the permission herein granted by Grantor is limited to its interest and authority in the subject land and Grantee acknowledges the possible obligation to obtain the required permission from other parties of interest or local, state or federal agencies. 9. The terms and conditions of this Agreement shall constitute covenants running with the land and shall be binding upon the parties hereto, their respective heirs, representatives, successors and assigns. 10. Wherever Grantee will cross the Sunoco Pipeline and/or easement with heavy equipment, Grantee will place matting or other suitable materials over the Sunoco Pipeline/Easement as determined by Sunoco's representative in the field. No materials or heavy equipment will be stored on the Easement without Sunoco's express written consent. 11. Excavated material will not be placed over the Sunoco Pipeline except fill material necessary to provide at least four (4) feet of cover about the Pipeline if there is presently insufficient cover over the Pipeline. Grantee agrees to clean up and repair all damages to the Easement resulting from the work on or across the Easement in a manner which is reasonably acceptable to Sunoco. 12. In the event that the existence, construction, operation, maintenance, relocation, or removal of the Encroachment causes Sunoco to incur any cost that in any manner is related to Sunoco's operation, maintenance, removal, repair, replacement, protection, construction, alteration, relocation, changing the size of, addition to and/or inspection of the Sunoco Pipeline, or the cleanup or handling of any spills of petroleum products, Grantee will reimburse Sunoco for any costs that would not have been incurred, but for the existence of the Encroachment. Grantee hereby agrees that Sunoco will not be held liable for any damages to the Encroachment arising from Sunoco's operation, maintenance, removal repair, replacement, protection, construction, alteration, relocation, changing the size of� addition to and/or inspection of the Sunoco Pipeline. 13. This Agreement may not be modified or amended except on or after the date hereof by a writing signed by the other parry against whom such modification or amendment is to be enforced and no party shall be liable or bound to any other party in any manner except as specifically set forth herein. 14. This Agreement, together with any amendments previously entered into between the parties relating to the Right of Way Agreement, along with the Right of Way Agreement, constitutes the entire understanding between the parties relating to the subject matter hereof and supersedes and revokes any prior understandings or agreements on such matters. 15. All other terms, conditions, provisions and restrictions of the Right of Way Agreement, except as modified by this Agreement, are hereby ratified and confirmed and shall remain in full force and effect. The terms, conditions and provisions of this Agreement shall extend to and be binding upon the heirs, executors and administrators, personal representative, successors and assigns of the parties hereto [Signature Page(s) Follow] IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. GRANTEE: SUNOCO: CITY OF BEAUMONT SUNOCO PIPELINE L.P. By: Sunoco Logistics Partners Operations GP LLC, its General Partner By:_ Name: Title: By: Name: Robert R. Rose Title: Vice President —Land & Right of Way ACKNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me by , of the CITY OF BEAUMONT, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 20 Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF FORT BEND § This instrument was acknowledged before me by Robert R. Rose, Director, Vice President — Land & Right of Way, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 20 Notary Public in and for the State of Texas 3 Exhibit "A" The "As -Built Survey Plat" shall be provided and made part of this agreement after the execution of this agreement and completion of work. The As -Built Survey Plat shall replace this page and be included as part of this agreement for recordation purposes. ENGINEERING COST REIMBURSEMENT AGREEMENT This Reimbursement Agreement ("Agreement") is made and entered into, and is effective, this day of , 2018, by and between Sunoco Pipeline L.P., a Texas limited partnership (hereinafter referred to as "COMPANY"), whose address is 1300 Main Street, Houston, Texas 77002, and City of Beaumont (hereinafter referred to as "OWNER"), whose address is P O Box 3827, Beaumont, Texas 77704. WITNESSETH: WHEREAS, COMPANY is the owner of that certain 21045 - 16" 14/16 Junction to Nederland, Mariner South Liquid Propane pipeline, (hereinafter referred to as the "Facilities") located in Jefferson County, Texas; and WHEREAS, OWNER desires to develop a commercial roadway, hereinafter referred to as the "Project"); and WHEREAS, to accommodate the Project, OWNER desires that COMPANY perform a detailed engineering design review (herein referred to as the "Work") described as follows: WHEREAS, the scope of the Work is to perform a detailed engineering design and construct approximately Eighty feet (80') of a protective concrete saddle in relation to a Sixteen -inch (16") diameter carbon steel pipe. To accommodate the proposed development of the Project by OWNER, as further described on Exhibit "A"; and WHEREAS, COMPANY, under the terms hereinafter stated, is willing to perform the Work, provided OWNER reimburses COMPANY for 100% of its final actual costs, both direct and indirect, for performing the Work. Unless as otherwise provided in this Agreement, such reimbursement shall not exceed 125% of the total estimate of costs and expenses stated in Section 4 below. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, COMPANY agrees to perform the Work subject to the following terms and provisions: 1. OWNER agrees that the description of the Work on Exhibit "A" contains a complete representation of the Work requested of COMPANY to accommodate the Project. OWNER agrees to bear 100% of all direct and indirect costs incurred by COMPANY and relating to the Work by COMPANY hereunder in an amount not to exceed 125% of the total estimate of costs and expenses stated in Section 4 below, unless otherwise provided in this Agreement. Such costs and expenses shall include, but not limited to, labor, materials, construction damages, administrative overhead, taxes and legal fees relating to the engineering and modification of the Facilities to accommodate the Project ("Project Estimate"); provided, however, that to the extent that the costs exceed 125% of the estimated amount stated in Section 4 below, COMPANY shall provide OWNER notice, with an estimate of such excess costs before they are incurred by COMPANY and OWNER shall have the right to approve or disapprove of such excess costs within three (3) days of OWNER's receipt of such notice, such approval not to be unreasonably withheld, conditioned or delayed. In the event OWNER does not approve of such excess costs, in addition to all costs and expenses incurred to date, OWNER shall bear 100% of all direct and indirect costs and expenses incurred by COMPANY to return the relocated pipe segment to its original location and condition prior to commencement of the Work, and COMPANY and OWNER shall execute all such documents, including easements and releases, as are deemed necessary by each of the parties to evidence such return to the original location. EXHIBIT "B" OWNER recognizes that COMPANY may use one or more contractors to perform the Work. The Project Estimate is estimated to be $72,500.00. Final actual costs may be more or less than such estimate, which shall not be construed as a limitation of costs for such Work. For purposes of this Agreement, the Project Estimate includes all costs and expenses including, but not limited to labor, materials, construction damages, administrative overhead, taxes and legal fees relating to the engineering and modification of the Facilities. 5. Intentionally deleted. 6. Within ninety (90) days following the completion of the Work, COMPANY shall make an accounting of all costs and provide OWNER an invoice of the same. The final cost may be greater or less than the Project Estimate. OWNER shall be liable to COMPANY for the full amount of the total cost regardless of whether that amount exceeds the Project Estimate, so long as such costs have been approved by OWNER in accordance with Section 2 above and do not exceed 125% of the Project Estimate stated in Section 4. In the event any expenses are disapproved in accordance with the procedures provided in Section 2, the billing and payment provisions in this Section 6 shall apply, the necessary changes having been made, regarding reimbursement for work to date plus work to return the relocated pipe segment to its original location. OWNER shall perform all operations and construction activity above or adjacent to the Facilities in a workmanlike and safe manner and in conformance with all applicable industry and governmental standards and reasonable conditions that may be imposed by COMPANY from time to time. No construction activity by OWNER shall be performed over, across, or adjacent to the Facilities until the Work of COMPANY has been completed. COMPANY shall perform the Work in a workmanlike and safe manner and in conformance within all applicable industry and governmental standards and reasonable conditions that may be imposed by OWNER from time to time (subject to reimbursement as provided herein for any costs incurred as a result of such conditions). 8. Exclusive of Saturday, Sunday and legal holidays, notice shall be given to COMPANY by OWNER, at least seventy-two (72) hours in advance of commencement of any construction activity on or adjacent to the Facilities, except only in cases of emergency when such advance notice shall not be required. Said notice shall be given to Texas One -Call (811). In the event either party commences any litigation to enforce any provisions of this Agreement or of the easements of COMPANY relating thereto, the substantially prevailing party shall be entitled to recover from the other party the cost of reasonable attorneys' fees, interest and the attendant expenses. 9. TO THE EXTENT ALLOWED BY APPLICABLE LAW, OWNER SHALL INDEMNIFY, SAVE, HOLD HARMLESS, AND AT COMPANY'S OPTION, DEFEND COMPANY AND ITS AFFILIATED COMPANIES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, COST (INCLUDING REASONABLE ATTORNEY AND EXPERT WITNESS FEES AND COURT COSTS), EXPENSES, LOSSES, CAUSES OF ACTION (WHETHER AT LAW OR IN EQUITY), FINES, CIVIL PENALTIES, ENVIRONMENTAL DAMAGE, AND ADMINISTRATIVE PROCEEDINGS ("DAMAGES") FOR INJURY OR DEATH TO PERSONS OR DAMAGE OR LOSS TO PROPERTY OR OTHER DIRECT BUSINESS LOSSES INCLUDING THOSE MADE OR INCURRED BY COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (BUT EXCLUDING ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, OR LOSS OF ANTICIPATED PROFITS), ARISING FROM OR CONNECTED WITH OWNER'S NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT RELATED TO THE CONSTRUCTION, MAINTENANCE, REMOVAL OR OTHER OPERATIONS OF THE WORK AS DESCRIBED IN THIS AGREEMENT, AS WELL AS OWNER'S NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT RELATED TO THE CONSTRUCTION AND/OR USE OF THE PROJECT. 10. It is expressly understood by the parties hereto that COMPANY is not abandoning any right, title or interest it may have in the above described land. 11. COMPANY shall maintain and preserve, and shall cause contractors and subcontractors of the WORK to maintain and preserve, complete and accurate documentation and data pertaining to performance of the WORK sufficient for OWNER to determine COMPANY's compliance with all terms and conditions of the Agreement. Such documentation and data shall include, without limitation, CHANGE ORDERS and any gift or entertainment expenses incurred by COMPANY or other contractors and subcontractors performing the Work, written and electronic records, books of account, correspondence, plans, instructions, permits, licenses, drawings, payroll records, memoranda, receipts, vouchers, data stored in computer libraries, documentation of transactions subject to export controls, and documentation of related systems and controls. All documentation and data necessary for OWNER's accurate audit and verification of COSTS shall be prepared in accordance with generally accepted accounting practices. This documentation and data shall be maintained and preserved for a period of five (5) years after termination of the WORK or ACCEPTANCE. Sunoco corporate policy calls for automatically deleting email correspondence at a minimum of ninety (90) days and maximum of 365 days after it enters the Sunoco email system. To the extent that such email correspondence relates to the terms, conditions and compliance with this Agreement, such email correspondence over ninety (90) or 365 days old will not be available for examination. a. At all reasonable times during performance of the WORK and for five (5) years after termination of the WORK or ACCEPTANCE, COMPANY shall permit and cause its other contractors and subcontractors to permit personnel and other representatives of OWNER to have access to their respective offices and other locations to examine, reproduce, and retain copies of the documentation and data and to interview the personnel of COMPANY and its contractors and subcontractors in connection with such documentation and data as necessary for OWNER to verify and monitor the following: i. Completeness and accuracy of REIMBURSABLE COSTS; ii. Existence and effectiveness of COMPANY's business standards; and iii. Compliance with all other terms of the AGREEMENT. 12. COMPANY shall permit OWNER's personnel and other representatives to have sufficient audit access to satisfy OWNER that WORK to be compensated pursuant to Exhibit "A" is invoiced or otherwise valued properly. In addition, OWNER shall have access by COMPANY to the documentation and data necessary to ensure that materials and services are provided in accordance with Exhibit "A". OWNER shall not be liable for costs incurred by COMPANY or any other contractor or any other subcontractor resulting from such audit, unless such costs are otherwise reimbursable under Exhibit "A". If errors or deficiencies are identified by an audit or otherwise, COMPANY shall make appropriate invoice adjustments or promptly refund any overpayment. 13. This Agreement supersedes every antecedent or concurrent oral and/or written declaration and/or understanding pertaining to the Work or construction activity by and between COMPANY and OWNER, but such limitation does not include any other agreements with respect to the Facilities, such as rights -of way and easements. 14. The provisions of this Agreement and the documents delivered pursuant hereto shall be governed by and construed and enforced in accordance with the Laws of the State of Texas (without regard to any conflicts -of -law rule or principle that would require the application of same to the Laws of another jurisdiction). 15. This Agreement shall not be assigned in whole or in part by Company or Owner without the written consent of the other party, except that Company or Owner may upon written notice to the other party assign its interest hereunder to any corporation or other business entity which is a subsidiary of or affiliated with the assignor. Any assignment not in compliance with this article shall be void and of no effect. 16. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile or other electronic copies (such as .pdf files delivered by electronic mail) of signatures shall constitute original signatures for all purposes of this Agreement and any enforcement hereof. 17. The Parties agree that from and after the date hereof, each of them will, and will cause their respective Affiliates to, execute and deliver such further instruments and take such other action as may reasonably be requested by any Party hereto to carry out the purposes and intents hereof. Without limiting the foregoing, in the event COMPANY determines, in its sole discretion, that an amendment to its existing easements, or new easement(s), are necessary or desirable in connection with its Facilities and the foregoing Work, OWNER shall execute such recordable documents to reflect COMPANY's rights with respect to the relocated pipeline. 18. OWNER agrees that this AGREEMENT meets the requirements of Chapter 271 of the Local Government Code. [Signatures appear on the following page] 4 IN WITNESS WHEREOF, this Agreement is executed as of the date first set forth above. COMPANY: SUNOCO PIPELINE L.P. By: Sunoco Logistics Partners Operations GP LLC, its general partner By: Name: Robert R. Rose Title: Vice President — Land & Right of Way CITY OF BEAUMONT By: _ Name: Title: File Nos. RC -0178, RC -0179 Exhibit "A" The Work Protective concrete saddle located in James Rowe, Abstract 45, Tract 8, 36 acres, Jefferson County, Texas, being further described in that Deed to granted to the City of Beaumont on October 18, 1983 and recorded on 10-21-1983 via film code 100 36 0545, Instrument number 8329704 Saddle Construction $ 47,000.00 Inspection Services $ 15,000.00 Survey plats / Eng. drawings / As -Built Survey $ 10,500.00 (Plus Taxes) Total Cost $ 72,500.00 Notes: 1. Work duration estimate is ten (10) days. 2. Upon the execution of this agreement, the preliminary plan sheet will be replaced by the fmal plan sheet. 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CalOma K DI IIXI6SDO R NMR lAs OT Ila D]raATa6 a rm 1i taatr ] M NnmlNL A a1O IO NAPaID aWl K u,aa06T na.— a aAr�m �6 VaOv-m6 90WR AmaD NOIR M ACCORINL[ eDl 9Q 1� SOOT R.DDAAD 9@IGTDa IIDI D6 Dr. CDYDIACial 81A{L NRa r0B ANr sort a m ur.a v� waADL vlaan K Imlam Ana Im\A®� smcr ml ADaDDl1L ILL ACQDaD W ANQK DIC a9o1 oaAK slaan mgr v moinm m¢r rat. i AW o.= No 0000n nl a AtlOO. 4oH � tfC@7L� 1S.S� of 1L°PP�fi,e- Gt+mpw coNQvt� sAvo�E DeraL TEXAS BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 16, 2018 1:30 P.M. /:LITS► CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 7-8/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request to rezone an area west of Major Drive and south of Folsom Road 2. Consider a request for a Specific Use Permit to allow a gaming facility in a GC - MD (General Commercial - Multiple Family Dwelling) District, for property located at 2949 College Street 3. Consider a request for a Specific,Use Permit to allow a gaming facility in a GC - MD (General Commercial - Multiple Family Dwelling) District, for property located at 3985 E. Lucas Drive 4. Consider a request for a Specific Use Permit to allow a gaming facility, in an existing convenience store, in a GC -MD (General Commercial - Multiple Family Dwelling) District, for property located at 6855 College Street 5. Consider a request for a Specific Use Permit to allow the storage of empty trash containers in a GC -MD (General Commercial - Multiple Family Dwelling) District, for property located at 3999 S. 11th Street 6. Consider a request for the abandonment of the five foot utility easement between Lots 11 & 12, the ten foot utility easement between Lots 12 & 13 and the perimeter utility easement around Lots 10, 11, 12 & 13 Comstock Place 7. Consider a resolution approving the rebuild of a Caterpillar Bulldozer used at the Landfill Consider a resolution approving a six month contract with LD Construction, Inc. to supply asphaltic concrete COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James Austin DBA Jim Austin Beaumont Municipal Credit Union Juston & George Bruno Laing Marble & Granite George Randle, Jr. John Bares James Brown Castle Motel, Inc. Armando Davila Hoyt Hamm Vernon Durden 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. �7 January 16, 2018 Consider a request to rezone an area west of Major Drive and south of Folsom Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: January 16, 2018 REQUESTED ACTION: Consider a request to rezone an area west of Major Drive and south of Folsom Road. BACKGROUND In September of 2016, City Council voted to approve the annexation of 77.73 acres of land at the southwest corner of Major Drive and Folsom Drive. This property includes several existing developments including a senior living apartment complex, convenience store/gasoline retailer, a non-profit organization and a church. Zoning regulations mandate that newly annexed properties be designated RS (Residential - Single Family Dwelling), at the time of annexation. None of the annexed property uses are compatible with RS zoning. Due to the location of the properties along a Major Drive, a major arterial and the intersection with Folsom Drive, a secondary arterial, and the proximity of residential neighborhoods across Major Drive, staff is recommending GC -MD -2 (General Commercial - Multiple Family Dwelling - 2) for the properties in question. GC -MD -2 zoning would not impede further development of these newly annexed properties, and would offer a measure of protection for nearby properties as all future development would require a Specific Use Permit and public notification. At a Joint Public Hearing held on December 18, 2017, the Planning Commission recommended 5:0 to approve the rezoning of the area west of Major Drive and south of Folsom Road to GC -MD -2. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE REZONING THE NEWLY ANNEXED PROPERTY BEING 77.73 ACRES OF LAND AT THE SOUTHWEST CORNER OF MAJOR DRIVE AND FOLSOM DRIVE TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT. WHEREAS, on September 27, 2016, the City Council of the City of Beaumont, Texas, approved Ordinance No. 16-048 approving the annexation of 77.73 acres of land at the southwest corner of Major Drive and Folsom Drive; and, WHEREAS, the property includes several existing developments including a senior living apartment complex, convenience store/gasoline retailer, a non-profit organization and a church; and, WHEREAS, zoning regulations mandate that newly annexed properties be designated RS (Residential Single Family Dwelling) District at the time of annexation; and, WHEREAS, none of the annexed property uses are compatible with RS (Residential Single Family Dwelling) District zoning; and, WHEREAS, due to the location of the properties along Major Drive, a major arterial and the intersection with Folsom Drive, a secondary arterial, and the proximity of residential neighborhoods across Major Drive, staff is recommending a zone change to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for 77.73 acres of land at the southwest comer of Major Drive and Folsom Drive, being tracts 2, 112, 115 and the east 1004.1 feet of tracts 31, 32, 113 & 114, A Houston Survey, Abstract 33, Jefferson County, Texas, containing 77.737 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the rezoning of the newly annexed area west of Major Drive and South of Folsom Road to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District 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, THAT the newly annexed area west of Major Drive and South of Folsom Road, being tracts 2, 112, 115 and the east 1004.1 feet of tracts 31, 32, 113 & 114, A Houston Survey, Abstract 33, Jefferson County, Texas, containing 77.737 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby rezoned to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District. 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 16th day of January, 2018. - Mayor Becky Ames - No Text 2 January 16, 2018 Consider a request for a Specific Use Permit to allow a gaming facility in a GC -MD (General Commercial - Multiple Family Dwelling) District, for property located at 2949 College Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager C'' ) i"� PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: January 16, 2018 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a gaming facility in a GC -MD (General Commercial - Multiple Family Dwelling) District, for property located at 2949 College Street. BACKGROUND Yong T. Kim, has requested a Specific Use Permit to allow a Gaming Room at 2949 College Street. A new shopping center was constructed at this location approximately three (3) years ago. The applicant wishes to occupy suite #230 in this shopping center with 100 gaming machines. The hours of operation for the business would be 4p.m. to midnight, and no one under the age of 25 will be admitted. Security will be present to check ID's for this purpose. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, .require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property is located directly across the street from residential properties to the south, and a short distance from a city park. In addition, there is insufficient parking at this location for a more intense use such as a gaming site, occupying more than 35 percent of the gross floor area. At a Joint Public Hearing held on December 18, 2017, the Planning Commission recommended 5:0 to deny a request for a Specific Use Permit to allow a gaming facility in a GC -MD (General Commercial - Multiple Family Dwelling) District, for property located at 2949 College Street. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Yong T. Kim — - APPLICANT'S ADDRESS: 278 Litchfield Lane, Houston, Texas 77024 APPLICANTS PHONE #: 713-594-0785 FAX NAME OF PROPERTY OWNER: Mars Assets Holdings and Property Investments Inc. ADDRESS OF PROPERTY OWNER: P.O. Box 2079, Nederland, Texas 77627 LOCATION OF PROPERTY: 2949 College Street Suite #230 Beaumont, Texas 77701 LEGAL DESCRIPTION OF PROPERTY: LOT NO. 1-7 B38 L1-8 & TR A B 39 OR BLOCKNO. & Closed Quincy Street ADDITION Cartwright Terrace NUMBER OF ACRES 2.632 TRACT PLAT SURVEY 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: General retail and gaming roomzoNE: Real, Comm(HoteWStoreloffice) 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 ''Vi" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed 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 V2 ACRE .............................. _................................. $250.00 %2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all o e conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and app m y City Coun ' . SIGNATURE OF APPLICANT: N` DATE SIGNATURE OF PROPERTY OWNER —-" `+LC— ` DATE: (tit ! -Z 11T/I PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. November 22, 2017 To: City of Beaumont Building Codes Department 801 Main Street Suite 210 Beaumont Texas 77701 From: Mr. Yong T. Kim 278 Litchfield Lane Houston, Texas 77024 Re: Specific Use Permit for Gaming Room Inside a General Retail Store Located at: 2949 College Street Suite #230 Beaumont Texas 77701 Mr. Chris Boone, Please find attached a Specific Use Permit Application Form and all the necessary documentation for the above referenced general retail store and gaming room proposed inside an existing shopping center. The owner of the shopping center, Mr. Mohamed Aref, is supporting a Specific Use Permit submitted by the Applicant who will be leasing the property. The Specific Use Permit is for the development of a general retail store and gaming room in suite #230 in the shopping center. The general retail store will sell items such as clothing and jewelry. The gaming room will have a 100 or less machines. The eight conditions required by Section 28.04.001 of the Zoning Ordinance are met as listed below: 1) The proposed general retail store and gaming room will be located at an existing shopping center. The shopping center is located at 2949 College Street close to the railroad tracks. The proposed general retail store and gaming room is more than 175 feet away from the nearest residence. The gaming room will attract more business to existing businesses in the shopping center such as food establishments. 2) The shopping center has been part of the neighborhood for more than 3 years. Land availability for growth and development on College Street is very limited. Therefore, the addition of a general retail store and gaming room at Suite 230 in the shopping center will not impact the growth of the area which is almost fully developed. 3) The addition of the general retail store and gaming room to the existing shopping center will not impact the drainage, water, wastewater, access roads or utilities which have been designed by a registered professional engineer and accepted by the City when the shopping center was constructed. Suite 230 already has water and wastewater infrastructure. The shopping center already has access from College Street. 4) The driveways and parking spaces are existing. The 2 driveways are located on College Street. No street parking is available in the area. The access to and from the shopping 1 center will not change and hence will not adversely effect the general public or adjacent development. 5) The general retail store and gaming room will not generate odor, fumes, dust, noise or vibrations. The general retail store and gaming room will be inside the existing shopping center in a controlled environment. 6) No additional lighting is proposed. Existing lighting is sufficient for the existing shopping center and does not disturb or adversely affect neighboring properties. 7) The general retail store and gaming room will be inside an existing shopping center. No outside work will be performed and no changes to the landscaping that has been approved by the City when the shopping center was built will take place. 8) The requested Specific Use Permit for a general retail store and gaming room inside an existing shopping center is in accordance with the City's Comprehensive Plan where gaming rooms are allowed in shopping center as long as they abide by the City of Beaumont Gaming Ordinance. Your approval for the Specific Use Permit will be appreciated. Thank you Yong T Kim Applicant 2 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING FACILITY IN A GC - MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 2949 COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Yong T. Kim has -applied for a specific use permit to allow a gaming facility in a GC -MD (General' Commercial -Multiple Family Dwelling) District at 2949 College Street, being Lots 1-7, Block 38 & Lots 1-8 and Tract A, Block 39, Cartwright Terrace; Closed Quincy Street, Beaumont, Jefferson County, Texas, containing 2.632 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 denial of a specific use permit to allow a gaming facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 2949 College Street; and, WHEREAS, notwithstanding the recommendation, the City Council is of the opinion that the issuance of such specific use permit to allow a gaming facility 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 gaming facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 2949 College Street, being Lots 1-7, Block 38 & Lots 1-8 and Tract A, Block 39, Cartwright Terrace; Closed Quincy Street, Beaumont, Jefferson County, Texas, containing 2.632 acres, more or less, as shown on Exhibit 'A" is hereby granted to Yong T. Kim, 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. 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 16th day of January, 2018. - Mayor Becky Ames - .. - - - -1. 1. . I - 1 j.. . — i-1. 1111-r. I L QR � MI Lgj ", W71 xj -A RRIP(IN 0 L-4 tf r? V, 4y —AW RIM :Nkj bl" RM S IV AV11. 4P v 14 t- 1. :V�y :.J', '64" -lL Ti -A U maid Pt"'ll 125 I:. nm Rj- -4T ij� Sim 21 WIN -Afi! �C-P�T S5. ut Ow IM TM vaj WIN C4, El "or V. 'a. .4 Ir. IkZ C j, 17. - z ri -r t ZA mg URI, FIESTA SHOPPING PLAZA COLLEGE STREET BEAUMONT, TEXAS. REMSI ONS e I18PCNGINCCR'15e /LDCR9 4-60.1 kvalllooD vw 409_;° 2;` 9";primo �4 SITE PLAN BY —e—t ua rt] January 16, 2018 Consider a request for a Specific Use Permit to allow a gaming facility in a GC -MD (General Commercial - Multiple Family Dwelling) District, for property located at 3985 E. Lucas Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 4��f� PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: January 16, 2018 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a gaming facility in a GC -MD (General Commercial - Multiple Family Dwelling) District, for property located at 3985 E. Lucas Drive. BACKGROUND Hi Seong Yoon, has requested a Specific Use Permit to allow a gaming facility at 3985 E. Lucas Drive. The applicant wishes to have 50-60 gaming machines at this location. The hours of operation for the business would be 10 a.m. to 10 p.m. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property shares a property line with a residential neighborhood and residential single-family dwellings. In addition, there is insufficient parking at this location for a gaming site, occupying more than 35 percent of the gross floor area. At a Joint Public Hearing held on December 18, 2017, the Planning Commission recommended 5:0 to deny a request for a Specific Use Permit to allow a gaming facility in a GC -MD (General Commercial - Multiple Family Dwelling) District, for property located at 3985 E. Lucas Drive. FUNDING SOURCE Not applicable. RECONEWENDATION Denial of the ordinance. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: ("� tSeO�� ym APPLICANT'S ADDRESS: s� 5 A,L o, y/ooy? L v, APPLICANT'S PHONE#: q0q - 55n-- $o-7-7 FAX NAME OF PROPERTY OWNER: 6T Ws .1 C� ADDRESS OF PROPERTY LOCATION OF PROPERTS LEGAL DESCRIPTION OF -PROPERTY: p Q LOT NO. OR TRACT O O BLOCK NO. PLAT ADDITION SURVEY- NUMBER URVEY-NUMBER OF ACRES NUMBER OF ACRES 0 `T 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. //�� �nj�n PROPOSED USE: ZONE: G 1..qn D 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 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed 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 1/2 ACRE.................................................................$250.00 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, site plan shall be adhered to as amended and approved by City Council. SIGNATURE OF APPLICANT: 1 � L sizes, landscaping and parking areas depicted on the SIGNATURE OF PROPERTY OWNER: " PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: Phone - (409) 880-3764 Fax - (409) 880-3110 -z E -1 ************************************************************************************************************************ PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. 3985 Lucas Beaumont TX 77703 The Game room is an establishment which caters to adults via game machine that reward redeemable credits for items such as: hats, t -shirts, wallets, sunglasses, and other daily use products. The atmosphere is provided in a safe and secure environment with around the clock surveillance, climate control, food, and beverages. Its purpose is to bring the local community together for social enjoyment and neighborhood cohesiveness. The amount of foot tracking will also stimulate neighboring businesses' economic growth. Daily provisions include- safety check of property (inside and outside) and machines, cleanliness of facilities and bathroom all of which will be in accordance with city requirements. Business hours will be 10:00am to 10:00pm 7 days a week. 1. The specific use of this property will be kept within the use of city requirements and ordnances. This establishment will be predicated upon the fact that neighboring residence can come to enjoy entertainment, food, and beverages offered bringing cohesiveness to the neighborhood. 2. The establishment will improve the development of surrounding vacant and occupied property by allowing more foot traffic to be used in the immediate area stimulating more economical ventures in the targeted area. 3. The property albeit the busy intersection of Concord and Lucas, has plenty of two access points to the property, proper drainage systems currently existing, four lighting fixtures necessarily to give proper emittance of light in the evening, and vegetation/fence-line for a more aesthetically beneficial appeal. The utilities will be provided by having an ADA approved bathroom, electricity, and running water. 4. The property allows for plenty of parking set at 22 parking spaces and at the city requirement of 9ft x 18ft spaces and 12ft x 18ft for handicap parking. Large and uncluttered access points for vehicles to move freely without obstructing views for oncoming traffic on Lucas. The parking structure allows for a round about system where cars can come in one way and leave out the other access point. 5. The business will not emit harmful or offensive odors as it's a gaming room. Noise reduction will come at the expense of having a 10ft envelopment and vegetation from the rearmost property line. The business is an indoor entertainment center where most customers will be indoors, in chairs, playing games. Lastly the property will be clean sanitary under city requirements. 6. Main two lighting fixtures are set on the street end of the property (Lucas) as to carefully not emit any light to neighboring residence behind the property. Small lights are located on the sides of the building for better visual acuity for elders and handicap around the building/property. An 8 ft wooden fence and vegetation blocks any reflection of light that may be emitted in the rearmost direction of the property where residence live. 7. Landscaping will be provided by grass in the front of the property line by the sidewalk for visual aesthetics along with vegetation and bushes along the front line border of the lot (Lucas side). Trees will be planted at the rear most part of the lot near the 8 ft fence along with a 10ft envelope to further the reduction of disturbance if any at all. 8. The proposed business/property is in accordance to all city requirements and ordnances and will be followed as such for a harmonious business venture with residence in the neighboring area and surrounding businesses adjacent to the property. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING FACILITY IN A GC - MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 3985 E. LUCAS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Hi Seong Yoon has applied for a specific use permit to allow a gaming facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3985 E. Lucas Drive, being Plat D-14, Tracts 188 & 191, A. Williams Survey, Beaumont, Jefferson County, Texas, containing 0.345 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 denial of a specific use permit to allow a gaming facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3985 E. Lucas Drive; and, WHEREAS, notwithstanding the recommendation, the City Council is of the opinion that the issuance of such specific use permit to allow a gaming facility 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 gaming facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3985 E. Lucas Drive, being Plat D-14, Tracts 188 & 191, A. Williams Survey, Beaumont, Jefferson County, Texas, containing 0.345, acres, more or less, as shown on Exhibit 'A," is hereby granted to Hi Seong Yoon, 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. 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 16th day of January, 2018. - Mayor Becky Ames - •F f _t 1110 M' '�,'�'.'yw .;~.moi �• .% .�''�-"•_�.".,� y 'JAav hat' A . `'. �p:l'._ •iy ei s'4'q'i� , - �z'%:s . %'�/,/.•e/r/.! r -r' {• `-y! 'J}'r Plz�!",� cP•t..: �.1..�lyjj ,.rs "••✓ :�ii, �.�e�_: ..r.,•,�'�,;�`� '. 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J• ,y � ri � � ?<'.' "z �,,/ /',•�: ,;Trs 'i- _pit{..," ::� • i' '^},',i�-. - ,_ 'ii': �' •f !, s �__ - •`':its, � _ j ! . _ -t -.,.may,:,.;, /• . � ' Vii:, , �•� + ,., .. •f,..41,L, - T�Cy_ RA yM1 r- 1 - r- 'F 3985 Lues DR 4x 6 ufn Ps 10-1- I cm 0 F T I i --- (YA O/x EXHIBIT "B" q January 16, 2018 Consider a request for a Specific Use Permit to allow a gaming facility, in an existing convenience store, in a GC -MD (General Commercial - Multiple Family Dwelling) District, for property located at 6855 College Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: January 16, 2018 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a gaming facility, in an existing convenience store, in a GC -MD (General Commercial - Multiple Family Dwelling) District, for property located at 6855 College Street. BACKGROUND Smile Fuels, LLC, has requested a Specific Use Permit to allow a Gaming Room at 6855 College Street. A new convenience store has been constructed at this site, and the owner plans to install five (5) gaming machines. The hours of operation for the business would be l Oam to l Opm. Security could be a concern due to the close proximity of the apartments located at 1075 Pinchback Road and a city park. The convenience store will be open for business 24 hours per day. The applicant states that only persons 18 years old and older will be allowed access to the machines. At a Joint Public Hearing held on December 18, 2017, the Planning Commission recommended 5:0 to approve a request for a Specific Use Permit to allow a gaming facility, in an existing convenience store, in a GC -MD (General Commercial - Multiple Family Dwelling) District, for property located at 6855 College Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Limited to no more than five (5) machines. 2. Owner must maintain adequate security. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COT JNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: SVh 111--.1 21A k2. U -C APPLICANT'S ADDRE APPLICANT'S PHONE NAME OF PROPERTY ADDRESS OF PROPER LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOTNO. OR BLOCK NO. ADDITION NUMBER OF ACRES % TRACT PLAT SURVEY i►lilTlt3l��1 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:_( _' - ZONE. C r ' l 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 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed 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 1/2 ACRE.................................................................$250.00 V2 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 C„gkmcil. SIGNATURE OF APPLICANT: SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND SUBMIT TO: .FILE NUMBER CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 TE - TE: — •tel PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MEI' REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. The Planning Commission and City council, City of Beaumont, Texas Subject: SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS Greetings Smile fuels, LLC is the entity going to operate a gas station/ Convenience store at 6855 college street Beaumont, Texas- 77707. It will have eight MPD's in the front on college street side and three MPD's on west side. Property: 1.87 acres C. William survey, abstract No. 57,58 & 59 Jefferson County, Texas, 6855 College Street Beaumont, Texas -77707. Copy of survey is enclosed. East side of the property is city vacant forest land, North side is College Street (HWY 90), West side is Tile and flooring Business and South of the property is apartment complex separated by eight feet fence. Apartment have no direct access to the gas station. Copy of survey is attached. The location is being built as per city rules and codes and it is in final stages. Copy of drawings are enclosed. Site Plan is also attached. It is hereby stated that specific use permit will be fully compatible and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values of immediate vicinity. .It is more certified that establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. The adequate utilities, access roads, drainage and other necessary supporting facilities have been provided as per city laws and codes. The design, location and arrangements of all driveways and parking spaces provide for safe and convenient movement of vehicles and pedestrian traffic without effecting the general public or adjacent development. All these driveways are approved by Texas dot. The adequate nuisance prevention measures have been or will be taken to control offence odor, fumes, dust, noise and vibration. The directional lighting have been provided so as not to disturb or adversely effect neighboring properties. There are sufficient landscaping and screening to ensure harmony and adjacent properties. The proposed use is in accordance with comprehensive plan. It is one of the best design in Beaumont, Texas. Best Regards Mohammad Arshad Smile Fuels, LLC 6855 College street Beaumont, Texas -77707 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING FACILITY IN AN EXISTING CONVENIENCE STORE IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 6855 COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Smile Fuels, LLC has applied for a specific use permit to allow a gaming facility in an existing convenience store in a GC -MD (General Commercial - Multiple Family Dwelling) District at 6855 College Street, being Plat SP -7, Tracts 57-59, C. Williams Survey, Beaumont, Jefferson County, Texas, containing 1.8778 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 gaming facility in an existing convenience store in a GC -MD (General Commercial - Multiple Family Dwelling) District at 6855 College Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a gaming facility in an existing convenience store 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 gaming facility in an existing convenience store in a GC -MD (General Commercial -Multiple Family Dwelling) District at 6855 College Street, being Plat SP -7, Tracts 57-59, C. Williams Survey, Beaumont, Jefferson County, Texas, containing 1.8778 acres, more or less, as shown on Exhibit "A," is hereby granted to Smile Fuels, LLC, its 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. 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 16th day of January, 2018. - Mayor Becky Ames - �^ Y _�,1 �:.a,y[ ��'1.}x-'eSL tier• . 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M-TldiL :Frit s• 'Fw'�'.'C ?.1:: 1f (z•. �� ,cam'- .� ,a P �.,�` - - _ - _ '.j..,i `:•<<�•!,..,'..^, - w—[-ILLIL=J •',`L';. �?i,'�Y r 1•'.l fit .1 41 S - r: - • y.i: 1. - . _;� r : It 6t I rg rr - -rr F:- `=' t •o I ..9 1' • •_.��; :• .;fes _ FND NBOWBO'W 347.73' nm , Ear.. M - 91 4AV Von. L 91IM-K DOM ri4m." 5,11.0 alas• b'90 whM r MIN TM,Mw Mig pw wSIATUs a0w MW "AIN! DUO.47 71AI L N PwPM MON; t Mal FRWQSM WAMW RVDW Mogurm FXFDSE0 APWIND PW. c"Irl lox MP.1 (np. j WNft- I. I I r I— El 07,05 DWI EE4='... ~76• "P Mp. FM n�mr COLLEGE STREET pw wpm a Vx Mw 1. Limited to no more than five (5) machines. 2. owner must maintain adequate security. V January 16, 2018 Consider a request for a Specific Use Permit to allow the storage of empty trash containers in a GC -MD (General Commercial - Multiple Family Dwelling) District, for property located at 3999 S. 11th Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: January 16, 2018 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow storage of empty trash containers in GC -MD (General Commercial - Multiple Family Dwelling) for property located at 3999 S. 11th Street. BACKGROUND 2S Roll -off Service, L.L.C. is requesting a Specific Use Permit to store empty trash containers at 3999 S. 11th Street. The property is fully enclosed by fencing, and no utilities will be used as the property is only to be used as storage. This item was presented to the Planning Commission at the October meeting, and the item was tabled due to the applicant's absence. An additional portion of the property has been added and a new site plan submitted for consideration. Staff recommends approval with the following conditions: 1. No storage of containers used for collection of food waste or other odor causing materials. 2. No direct access from Edmonds Avenue. At a Joint Public Hearing held on December 18, 2017, the Planning Commission recommended 5:0 to approve a request for a Specific Use Permit to allow storage of empty trash containers in GC -MD (General Commercial - Multiple Family Dwelling, for property located at 3999 S. 11th Street with the following conditions: 1. No storage of containers used for collection of food waste or other odor causing materials. 2. No direct access from Edmonds Avenue. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. No storage of containers used for collection of food waste or other odor causing materials. 2. No direct access from Edmonds Avenue. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME:0_�1 ~pE �`o liriGc� LGC APPLICANTS ADDRESS: 3;-�') Ce4m.1 APPLICANTS PHONE 4: yon. q1aq, 4.Q1x FAX#: %6! AL{• no'X'- NAME OF PROPERTY ADDRESS OF PROPER LOCATION OF PROPE] LEGAL DESCRIPTION OF PROPERTY: LOT NO. La fs ^ —1 ly OR BLOCK NO. Ia ) y — ADDITION y e C. f- 60- IL l�h NUMBER OF ACRES j9kTVnr0X. r. 3 &.efej TRACT PLAT SURVEY NUMBER OF 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 ZONE: 5 - Ci C - In D 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'h" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed 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 %2 ACRE .................................................................$250.00 '/2 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 d by City cil. �y 9 SIGNATURE OF APPLICANT: DATE: SIGNATURE OF PROPERTY OWNER - Z DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF B T FILE NUMBER: PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE =REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. THE BYRD LAW FIRM HOUSTON I BEAUMONT Attorneys at Law www.txbyrd.com 448 Orleans Beaumont, Texas 77701 October 31, 2017 Planning Commission and City Council City of Beaumont Texas ATTN: Ms. Fran Malvo 801 Main Street Beaumont, Texas 409.924.0660 Telephone 409.924.0035 Facsimile VIA HAND DELIVERY RE: Specific Use Permit — 3999 S. 111h Street — Amended Site Plan Dear Ms. Malvo: I represent 2S Roll -off Service, LLC (hereinafter "2S") with respect to the above referenced matter. In August, prior to Hurricane Harvey, I submitted a request for the specific use permit.. By letter dated October 3, 2017, you responded to 2S at 3065 W. Cedar Street via letter. Unfortunately, that location flooded during the storm and your correspondence and notice of hearing was not received until after the hearing took place. Please direct all communication in this matter in the future to the undersigned at the above address. By and through this correspondence, 2S renews its request for a specific use permit at this location. I have had the opportunity to also review the recommended conditions of the staff report. There is no objection to these conditions. 2S does not have occasion to service industries that use containers that cause odorous conditions and therefore this is not an issue. Second, we have no intent to access the property through Edmonds drive. Last, all parking can take place within the property line to the extent same is under our control. We have noticed that a few long haul truckers who live nearby enjoy parking their tractor/trailers overnight in the areas that are deemed right of way. We have politely attempted to discourage this activity but ultimately cannot control this activity at all times and without the assistance of city enforcement. There are some minor changed conditions with the specific use permit application. When filed, our corporate office and adjoining equipment yard was in use. Since Hurricane Harvey, 2S has been forced to leave its W. Cedar Street location. The corporate offices are located at 448 Orleans, Suite 200, Beaumont, TX 77701. This move will require us to use the open lot to the south of the existing showroom. Our original plan was to simply use the lot north of the showroom, however our loss of the W. Cedar Street location will require use of this additional one -acre lot. Empty containers will be stored on this lot. The lot is approximately 1 acre in size and is fully fenced. Our loss of the W. Cedar Street location has also required us to seek utility services at this location. Water service is most notably needed so that our drivers have a location to use the restroom. Electricity has been sought, primarily for safety and security reasons, so that the existing property will be lit up at night. All lights are directed towards the property and were in Page 2 preexisting locations. Electricity will also be sought so that we may store equipment and tools inside the structures on site and have safe access to same when dark. We never intended losing our W. Cedar Street so abrubtly as the result of the hurricane. In light of these changes, we have agreed to an outright purchase of the entire properly from Oil City Tractors conditioned upon the City's approval of our Special Use Permit Application. Please note that this site is NOT open to the public and will remain a private location for storage of containers and equipment. All public meetings or other inquiries are referred to our 448 Orleans address. In light of the intended use of the 1 -acre tract to the south of the showroom as additional showroom, I have enclosed an additional site plan for your convenience. All other items in the original application remain unchanged or unaffected by the changes outlined above. If you have any questions, please do not hesitate to contact me. Sincerely, ason M. Byrd For the firm JMB/cc Cc: Kyle Hayes City Manager City of Beaumont Texas 801 Main St. Beaumont, Texas 77701 VIA HAND DELIVERY Reduced Photocopy of the Site Plan Same as Site Plan, see Attached. Section 28.04.001 Zoning Ordinance Conditions 1. Compatability 2S will only be using the property to store empty roll -off containers. This storage will in no way prevent the use and enjoyment of any other property in the area. Further, this is property is on 1 lt' Street, a commercial thoroughfare running many miles through the city. The use of the property is only visible from the west side (11th Street) and is blocked on all other sides by buildings, vegetation and fencing. We believe no values of neighboring property will be affected negatively. North across Edmonds is an old commercial property that is a vacant warehouse (see Site Map Exhibit "A"). The property across the street to the southwest is vacant and the property across the street on 11th is heavily wooded. Further, storage of empty containers will not affect the value of the residential property to the east. 2S' activities will not be visible to these residents. These residents are also generally surrounded by other commercial businesses. In fact, these residents are just as close to the back lot of a large commercial junk yard with cars lined down the fence (see Site Map Exhibit "A"). 2S' activities will likely only help values in the area. We intend to store empty containers on the property, however in doing so we will keep the property clean, mowed and generally well kept. Such condition is a far cry from a vacant lot and buildings that were overgrown and have been empty for six years. The added activity will likely only improve property values and the increased activity will discourage vagrants and trespassers. 2. No Impediment The area surrounding the property will not impede development in the area. Frankly, the areas surrounding the property are generally fully developed save and except the actual property we 2S plans to use. The owner has tried to sell the property for many years with no luck. If a commercial interest becomes interested in developing the property he can sell to it consistent with the terms of 2S' lease. 3. Access Adequate access to the property from 11th Street exists along with adequate drainage to 11th Street. In fact, this easy access is a factor in 2S leasing the property. 4. Design, location and arrangement Pedestrian traffic in the area is relatively low compared with other areas of the city. Further, there will not be consistent daily traffic in to the facility. Nevertheless, as you can see on the attached Site Map in areas #4 and #5, large driveways exist off of 11th Street that have no visual obstruction and the area between the fenced yard and 11th Street which is over 20ft in width allowing for the safe passage of any and all pedestrian traffic. S. Nuisance Prevention In the site map portion of this letter, I have identified the nuisance prevention measures that presently exist. Specifically, no residential neighbors can see activity from their property. 6. Directional Lighting 2S has no intention of adding any directional lighting and I do not believe any directional lighting currently exists at the property. 7. Landscaping and Screening As we described in the site map portion above, except the west side of the property that is bordered by 11ffi Street, all other boundaries consist of large buildings and/or large vegetation. See Site Map. 8. Comprehensive Plan The proposed use is in accordance with the comprehensive plan. I encourage you to grant this proposed specific use permit. 2S' intended use of the property is merely to store empty roll -off containers on an already fenced and asphalted lot along a five lane commercial thoroughfare. The lot is already zoned commercial and the proposed activities will not be a nuisance to businesses or nearby residents. In fact, the use of the property will require the company to maintain the property in a manner which is more desirable than the existing vacant property. 2S will be using no city services at this location and can access the Property given the large driveways, parking areas and turning lanes on 11h Street in a safe and efficient manner. If you have any questions, please do not hesitate to contact me. Sincerely, Ion M. Byrd he firm Cc: Kyle Hayes VIA HAND DELIVERY City Manager City of Beaumont Texas 801 Main Street Beaumont, Texas 77701 Michelle Stacey Sjodin VIA HAND DELIVERY General Manager, 2S Roll -off Service 3065 W. Cedar Beaumont, TX 77707 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE STORAGE OF EMPTY TRASH CONTAINERS IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 3999 S. 11TH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, 2S Roll -off Service, L.L.C. has applied for a specific use permit to allow storage of empty trash containers in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3999 S. 11 to Street, being Lots 9-16, Block 24, West Oakland Addition and Plat BAT Tracts 83 & 177-A, J.W. Bullock Survey, Abstract 7, Beaumont, Jefferson County, Texas, containing 2.364 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 the storage of empty trash containers in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3999 S. 11th Street, subject to the following conditions: ; and, • No storage of containers used for collection of food waste or other odor causing materials. • No direct access from Edmonds Avenue. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow the storage of empty trash containers 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 the storage of empty trash containers in a GC - MD (General Commercial -Multiple Family Dwelling) District at 3999 S. 11th Street, being Lots 9-16, Block 24, West Oakland Addition and Plat B-17, Tracts 83 & 177 A, J.W. Bullock Survey, Abstract 7, Beaumont, Jefferson County, Texas, containing 2.364 acres, more or less, as shown on Exhibit "A," is hereby granted to 2S Roll -off Services, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • No storage of containers used for collection of food waste or other odor causing materials. • No direct access from Edmonds Avenue. 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 16th day of January, 2018. - Mayor Becky Ames - r-{��,.;r ^yII.� �". I'"`'�i7 d.,,'t"''-�.�.x. � '! • • �{.�T� fI . lig. 'sl:. , r, :.,y;G N; 1 ii D !' S>• 5::. Wit.,..,._:?jiS{.: 5 = y _ :i - f ii ILI�At-1J LJr ,� k i _ r -• t1;•" 1 - �f'" _ I ,; e. i Iia.' . t iL 1 - !x i M.— ,,• : . 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WE MAP 3999 S 11TH STREET T January 16, 2018 Consider a request for the abandonment of the five foot utility easement between Lots 11 & 12, the ten foot utility easement between Lots 12 & 13 and the perimeter utility easement around Lots 10, 11, 12 & 13 Comstock Place BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: January 16, 2018 REQUESTED ACTION: Consider a request for an abandonment of the five (5) foot utility easement between Lots 11 & 12, the ten (10) foot utility easement between Lots 12 & 13 and the perimeter utility easement around Lots 10, 11, 12 & 13 Comstock Place. BACKGROUND Berrick and Chelsea Pete have requested abandonment of all easements on their property located at the end of Larry Lane. Several easements cross the property including a five (5) foot wide utility easement between lots 11 & 12, a ten (10) foot wide utility easement between lots 12 & 13, and utility easements along the rear lot lines of each lot varying from 10 feet to 22 feet deep. Mr. & Mrs. Pete have asked for the two (2) interior utility easements to be considered separately from the perimeter easements. City of Beaumont's Water department is in opposition to the abandonment of the perimeter easements. At a Joint Public Hearing held on December 18, 2017, the Planning Commission recommended 5:0 to approve a request for an abandonment of the five (5) foot utility easement between Lots 11 & 12, the ten (10) foot utility easement between Lots 12 & 13, excluding the perimeter utility easement around Lots 10, 11, 12 & 13 Comstock Place. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. APPLICATION FOR RIGHT-OF-WAY OR UTILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY (ROW), UTILITY EASEMENT (UE) OR ABANDON A RIGHT-OF-WAY BUT RETAIN A UTILITY EASEMENT. NAME OF APPLICANT:- .. AUTHORITY OF APPLICANT: OWNER r .. l u0mmal.. 13MAIMM -m PHONE: 409-951-0098 FAX; ADDRESS; 1350 LONG, ST REAUMANT, TX 77701 ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION) DESCRIPTION OF ROW OR UE TO BE ABANDONED: 5 FT I I F R FTINF F N C) F I C)T.R11 ANI) 12 - 1 OFT IIF BETWEEN LOTS 12 & 13T(IF POSSIBLE ALL I IF ON THE PFR AFTER OF LOTS) PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) VA_KAOw ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT NO. 10,11112,13 OR TRACT BLOCKNO. 3 (LARRY LANE) ADDITION COMSTOCK SUBDIVISION( PLAT SURVEY ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIMENSIONED AND TO ENGINEERING SCALE). ATTACH THE $300.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND TITLE COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE CHARGED. TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. SIGNATURE OFO� f ` APPLICANT: �_� a DATE: g;r1 �, PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER - y -0-& DATE RECEIVED: I L CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY ORILITY EAS I;INENT ABANDONMENT Application Ownership List Date: ll We, the undersigned, being the sole owners of all the properly abutting the proposed abandonment of hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS Lot Block Addition (tract) (tax plat) ( 'ey)� �v GA-�'o�r. cvms�cK C O M 54VC1C PAM Morr/S Li595 "ass 5T NOTE: Please print or type your name and then use signature. Separate sheets may be used. To Whom It May Concern, 11/14/2017 This letter is to request the abandonment of all or portion of the utility easements located on my property on Larry Lane Block 3 of the Comstock Addition in Beaumont, Tx. We own Lots 10-13 that will become one. The purpose of this request is that we may build a home on the property. There are two utility easements running through the lots. There are also easements surrounding the lots. Our main concern is the easement running between Lots 11 and 12, and another between Lots 12 and 13. Thanks for your consideration, ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 5' WIDE UTILITY EASEMENT BETWEEN LOTS 11 & 12, A 10' WIDE UTILITY EASEMENT BETWEEN LOTS 12 & 13, AND A PERIMETER UTILITY EASEMENT AROUND LOTS 10, 11, 12 & 13 COMSTOCK PLACE AT THE END OF LARRY LANE, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Berrick and Chelsea Pete,have applied for an abandonment of a 5' wide utility easement between Lots 11 & 12, a 10" wide utility easement between Lots 12 & 13, and a perimeter utility easement around Lots 10, 11, 12 & 13 Comstock Place at the end of Larry Lane, being Lots 10, 11, 12 & 13, Comstock Place, Beaumont, Jefferson County, Texas, containing 1.185 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 an abandonment of a 5' wide utility easement between Lots 11 & 12, and a 10" wide utility easement between Lots 12 & 13, and a denial of an abandonment of a perimeter utility easement around Lots 10, 11, 12 & 13 Comstock Place at the end of Larry Lane, City of Beaumont, Jefferson County, Texas; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the utility easements are no longer necessary for utility purposes and the abandonment of said utility easements are in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT a 5' wide utility easement between Lots 11 & 12, a 10" wide utility easement between Lots 12 & 13, and a perimeter utility easement around Lots 10, 11, 12 & 13 Comstock Place at the end of Larry Lane, being Lots 10, 11, 12 & 13, Comstock Place, Beaumont, Jefferson County, Texas, containing 1.185 acres, more or less, as shown on Exhibit 'A," attached hereto; be and the same are hereby vacated and abandoned and that title to such properties shall revert to and become the properties of the persons entitled thereto by law. 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 16th day of January, 2018. - Mayor Becky Ames - ��• � _ ����: V 7 moi. ��•,' 4 yti., ��t7r ins` � 'r,. � :�K•p, ".•ri'i.�'k:',��� •"3-'3V`� -•- �••;"10-1"''6'_-�L'1.;`�'.�„ FSiIF,"�L-"[qui =`2+'�'r"!' ,� kS•ijj•`�J�iG1r t';`7. 12^`` J{ IIII F-`,�`•,'!"l,A vices i r� �',?` '^t'?C 1`Y'• p'iL.� '�r r F _ (sem-�__-, -`''• �`z=:.aay,.� L� v_'a'��;��� �� i= ..._:� ;, := s=.'-', , S ter_ .....r+ ' +a ,;t. ,yam ;meq:. ;�'_ #•. vi, _� , �;; `r;rte. .L 1,\` 4�k. b� . ��'�•-)i .���•..' iA ..%L `dr'�`�� i ', � '1 4 -••..�F�`^i�il': J��`, ;k.�f�� f4'� Jr l:. ~``c�^`iA1.), � �r{ • � I 't._i . �� •,y�y-7,r17iat��.:3"v�,,",...1`�..f�-�\�.�. :',`�'-� hYI i � �y � of ' +5?.'ai+ 't�7',^y.• - =\ _' rv4;` `\' ,.,, ,h'. �r_•t.L y� YM i�-, • .F � .w'.` ''''r4,. _. ay '•1L,. 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OVER PROPERTY UNE PA CONC \\ LOT 13 BLOCK 3 eF RlDS/3O 586°bT10'Y115138 (PIAT 151.60') DRAWMMW'OPWAY LJ.D.McCLB MOOHffaYCXRIlFYTHATIH66AMMAND'ACCURAIEKATOFASUR%WMADEUND13LMYSUMHtVMM ONTHEGROUND, OFLOT I0 LOT ll, LOT 12 AND LOT 13 BLOCK3, COMSTOCK PLACEADDI110N, RECORD®R7 VOLUME 1D, PAGE 92, MAP RECORDS OF JEtSOFI COUNIY TE!(AS ANDS ALL VtSIBIEIMPROVF3 AB11SlFlBtEON THHtEAREND DVERlJ1P MOFIMPROVS MSOFCEPTASSHOWNHEREONMEREARENOVISIBFESFGNSOFENCRoicHmEmATum UMEOFTHE SURVEYMCEPTAS SHOWN.THE UNDERSIGN® SURVEYOR DOES NOT WARRANTOR SUBSCFGBETO THE ACCURACY OR SCALE OF FLOODZONEINFWAAIION WHICH 6 DERIVED FROMINEABOVE ROMMED FLOOD RURANCE RAZE MAP. USEOPIfMSURVEY FORANY OWER PURPOSE OR BY ANY OTHER PARTIES 6 ATTEMROWN RtSKAND THE UNDERSIGNED SURVEYORIS NOT RESPONSMEFOR ANY LOSS MIILTMGTf EREFROM. F r, O P FND Sff LR SURVEYED FM1 .I I. BERRiCK PETEand CHELSEA P& VACANT, LARRY LANE BMMOW,TE W 77708 PREPARED BY: 8—LINE SURVEYORS INC. ® COPYRIGHT 20I6 1H6 PROPSfTY UES,RI FLOOD, ZONEX AS INDICATED ON PANEL 485157 0030 0 C DATED 0WOM02 "IA 04/05,116 ' IAtrafURVEYIKa-9NAlgNOSt�lG1R1 .. CCS lfi28477 PA.BOlM M ORAtX-0CUMM, c L0MP6eacgmtts�t/AiFfiW,I M cWWMK�rKH8W0 R8aEEmot®ro miCrfl76HE ifE7B6i6lER7K1 fnmm pT p1p�fAAexrv+ecawA oP tverqwmarAia PW6GcoaRDd re�1,6G11m ceaRA11ClE rejK. 1.®g,cWaur=MEPAcraensRwwoa LOT U BLOC K3 0. LOT 12 \ \ BLOCK 3 / CONCREIEBYOTHEI lsl= FNDtT2'LP. OVER PROPERTY UNE PA CONC \\ LOT 13 BLOCK 3 eF RlDS/3O 586°bT10'Y115138 (PIAT 151.60') DRAWMMW'OPWAY LJ.D.McCLB MOOHffaYCXRIlFYTHATIH66AMMAND'ACCURAIEKATOFASUR%WMADEUND13LMYSUMHtVMM ONTHEGROUND, OFLOT I0 LOT ll, LOT 12 AND LOT 13 BLOCK3, COMSTOCK PLACEADDI110N, RECORD®R7 VOLUME 1D, PAGE 92, MAP RECORDS OF JEtSOFI COUNIY TE!(AS ANDS ALL VtSIBIEIMPROVF3 AB11SlFlBtEON THHtEAREND DVERlJ1P MOFIMPROVS MSOFCEPTASSHOWNHEREONMEREARENOVISIBFESFGNSOFENCRoicHmEmATum UMEOFTHE SURVEYMCEPTAS SHOWN.THE UNDERSIGN® SURVEYOR DOES NOT WARRANTOR SUBSCFGBETO THE ACCURACY OR SCALE OF FLOODZONEINFWAAIION WHICH 6 DERIVED FROMINEABOVE ROMMED FLOOD RURANCE RAZE MAP. USEOPIfMSURVEY FORANY OWER PURPOSE OR BY ANY OTHER PARTIES 6 ATTEMROWN RtSKAND THE UNDERSIGNED SURVEYORIS NOT RESPONSMEFOR ANY LOSS MIILTMGTf EREFROM. F r, O P FND Sff LR SURVEYED FM1 .I I. BERRiCK PETEand CHELSEA P& VACANT, LARRY LANE BMMOW,TE W 77708 PREPARED BY: 8—LINE SURVEYORS INC. ® COPYRIGHT 20I6 1H6 PROPSfTY UES,RI FLOOD, ZONEX AS INDICATED ON PANEL 485157 0030 0 C DATED 0WOM02 "IA 04/05,116 ' IAtrafURVEYIKa-9NAlgNOSt�lG1R1 .. CCS lfi28477 PA.BOlM M ORAtX-0CUMM, January 16, 2018 Consider a resolution approving the rebuild of a Caterpillar Bulldozer used at the Landfill BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 16, 2017 REQUESTED ACTION: Council consider a resolution approving the rebuild of a Caterpillar Bulldozer used at the Landfill. BACKGROUND Currently, the Landfill has two (2) D8T bulldozers. One bulldozer is a 2014 model and the other is a 2011 model. The 2011 model needs to be rebuilt. The unit currently has 14,450 hours of use and a certified Caterpillar rebuild would extend the life of the machine. A rebuild includes a new engine, transmission, wiring, blade repair and all other major component replacements. The total cost will be $400,145.16 and will come with a 3 year/5,000-hour warranty. This type of bulldozer usually has three (3) life cycles. The first cycle of life can be expected to last 12,000 hours. The other two (2) life cycles are rebuilds as mentioned above. After that point, it is no longer cost efficient for another rebuild. The cost of a new bulldozer would be more than $715,000. This would be the first rebuild for this unit. Mustang Cat is a Sole Source vendor. FUNDING SOURCE Solid Waste Fund. RECOMMENDATION Approval of the resolution. 7990 Eastex Fnny. Beaumont Tx. 77708 409-892-8412 CUSTOMER: City of Beaumont CONTACT: Jeff Harville ESTIMATE DOC#: DESCRIPTION CUSTOMER NUMBER: 0587550 ESTIMATE DATE: 1/9/2018 OUR WORK ORDER NUMBER: Wash Machine and Inspect machine YOUR PO NUMBER: $1,888.00 SALES REP: Casey Jorgensen MACHINE MODEL: DBT SERIAL NUMBER: $30,402.64 HOUR METER: $32,202.64 EQUIPMENT #: New complete engine SEGMENT DESCRIPTION Parts LABOR MISC AMOUNT 1 Wash Machine and Inspect machine $1,888.00 $1,888.00 2 R&I All Powertrain Components $1,800.00 $30,402.64 $32,202.64 3 New complete engine $49,000.00 $49,000.00 4 Recondition torque converter $3,511.00 $2,660.00 $6,171.00 s recondition Transmission $9,454.00 $4,480.00 $13,934.00 6 Rebuild Clutches $5,920.00 $3.360.00 $9,280.00 7 rebuild Both Final drives $4,292.00 $3,360.00 $7,652.00 a R&I Counterweight and box $1,888.00 $1,888.00 9 New Hydraulic Pump $5,548.00 $2,500.00 $8,048.00 10 New Transmission Pump $5,001.00 $944.00 - $5,945.00 11 New Brake Valve $5,200.00 $944.00 $6,144.00 12 recondition powertrain oil lines $3,918.90 $2,852.00 $6,770.90 13 recondition radiator $5,650.00 $2,000.00 $7,650.00 14 Replace h drauilc hoses $7,084.99 $2,208.00 $9,292.99 15 Reman sterrin motor $3,500.00 $944.00 $4,444.00 16 recondition lift cylinders $1,432.00 $5,510.00 $6,942.00 17 recondition tilt cylinder $1,065.00 $2,099.00 $3,164.00 18 repair blade $25,000.00 $10,000.00 $35,000.00 19 sterrin um $815.94 $9,379.00 $10194.94 20 Reseal Hydraulic control valve $1,800.00 $5,363.00 $7,163.00 21 re in and bushing lift cylinders $750.00 $1,020.00 $1,770.00 22 . replace cab glass $4,500.00 $4,500.00 23 repair cab $10,912.00 $4,500.00 $15,412.00 24 replace battery $1,692.00 $650.00 $2,342.00 25 replace undercarriage $54,000.00 $17,500.00 $71,500.00 26 repair eq bar $3,500.00 $1,450.00 $4,950.00 27 replace muffler $2,000.00 $2,000.00 29 replace gaskettreseal fan $850.00 $2,500.00 $3,350.00 29 replace machine wiring $22,154.69 $6,523.00 $28,677.69 30 Test machine $944.00 $944.00 31 Paint Machine 1 $6,500.001 $5,000.00 $11,500.00 32 3 r 5000hr warranty 1 1 $20,230.00 $20.230.00, E TIMATE IS SUBJECT TO DISASSEMBLY AND INSPECTION $0.00 $109,879.891 $132,868.64 $24,730.00 Not Included is any Freight, or Applicabe Taxes El SUBTOTAL E&s SUBTOTAL TOTAL $ 399,950.16 $ 195.00 $ 400,145.16 $ 400.145.18 Questions concerning this estimate? Call: Casey Jorgensen Customer Acceptance: Cell: 254-434-8245 THANK YOU FOR YOUR BUSINESS! RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of the parts and labor necessary for a rebuild of a Caterpillar D8T Dozer for use by the Solid Waste Operations Department by Mustang Cat, of Beaumont, Texas, a sole source vendor, in the amount of $400,145.16. 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 16th day of January, 2018. - Mayor Becky Ames - 0 January 16, 2018 Consider a resolution approving a six month contract with LD Construction, Inc. to supply asphaltic concrete BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 16, 2018 REQUESTED ACTION: Council consider a resolution approving a six (6) month contract with LD Construction, Inc. to supply asphaltic concrete. Bids were requested for the supply of asphaltic concrete to be used by the Streets and Drainage Division. The contract will supply a cold mix of asphaltic concrete that is used for repairing potholes and small sections of a street, and a hot mix of asphaltic concrete which is used for repairing and repaving larger street sections. Specifications requested unit pricing for both plant pickup by City personnel and job site delivery by the vendor. Bids were requested from five (5) local vendors; two (2) responded. It was determined that there was an error by Gulf Coast by not including the pricing of Addendum 1 in their overall total. After a recalculation by the City, the pricing shown below reflects the corrected bid amounts. Specifications allow for a six (6) month contract with the option of two (2) renewals of six (6) month extensions at the same pricing as the awarded contract. The total estimated bid for a six (6) month supply is $1,593,500, which is about a 10 percent increase over the prior contract. Bid tabulation attached. Bidder Location Total Bid Amount Gulf Coast an Old Castle Company Beaumont, Tx $1,739,575. LD Construction, Inc. Beaumont, Tx $1,593,500. FUNDING SOURCE General Fund (9%), Water Fund (1%) and Capital Program (90%). RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for a six (6) month contract, with the option to renew for two (2) additional six (6) month terms, for the, purchase of asphaltic concrete to be used by the Public Works Department, Streets and Drainage Division for City road repair and construction; and, WHEREAS, LD Construction, Inc., of Beaumont, Texas, submitted a bid as described and in the estimated amounts as shown in Exhibit °A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by LD Construction, Inc., of Beaumont, Texas, 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 bid submitted by LD Construction, Inc., of Beaumont, Texas, for a six (6) month contract, with the option to renew for two (2) additional six (6) month terms, for the purchase of asphaltic concrete for the Public Works Department, Streets and Drainage Division for City road repair and construction as described and in the estimated 'amounts as shown in Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with LD Construction, Inc., of Beaumont, 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 16th day of January, 2018. - Mayor Becky Ames - BEAUM©NT TEXAS CITY OF BEAUMONT - PURCHASING DIVISION Terry Welch, Senior Buyer 409-880-3107 terry.welch(a)beaumonttexas.00v BID TABULATION: Six(6) Month Contract for Road Materials - Asphaltic Concrete BID No.: TF1 118-12 OPENING DATE: Thursday, January 04, 2018 Vendor City State LD Construction Beaumont Tx Gulf Coast , An Old Castle Company Beaumont Tx ITEM Qty/TONS Unit Price Total Unit Price Total SEC. •1?A - TYPE -F HOT MIX Plant Pickup 1,000 $53.00 $53,000.00 $60.75 $60,750.00 Delivered 5,000 $62.00 $310,000.00 $66.501 $332,500.00 SEC- ;_1-B, -;TYPE D'`HOT MIX,_ Plant Pickup 1,000 $53.00 $53,000.00 $57.50 $57,500.00 Delivered 4,000 $60.00 $240,000.00 $63.15 $252,600.00 SEC PC - TYPE C HOT MIX Plant Pickup 1,000 $52.00 $52,000.00 $59.25 $59,250.00 Delivered 4,000 $62.00 $248,000.00 $64.90 $259,600.00 SEC,1 D:- TYPE B HOT MIX Plant Pickup 500 $52.00 $26,000.00 $57.60 $28,800.00 Delivered 500 $57.00 $28,500.00 $63.25 $31,625.00 SEC "II -Type D Stone Matrix Asphalt Plant Pickup 1,000 $73.00 $73,000.00 $88.95 $88,950.00 Delivered 5,000 $86.00 $430,000.00 $95.20 $476,000.00 SEC III - TYPE, -D HOT MIX.COLD- LAID" Plant Pickup 1000 $80.00 $80,000.00 $92.00 $92,000.00 TOTAL PLANT PICKUP $337,000.00 $387,250.00 TOTAL DELIVERED $1,256,500.00 $1,352,325.00 TOTAL BID FOR SECTIONS 1, II, AND III $1,593,500.00 1 $1,739,575.00 NO RESPONSE: MARTIN ASPHALT, RNDICOMPANIES INC., KNIFE RIVER LD Construction is the low qualified bidder.