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HomeMy WebLinkAboutPACKET FEB 3 2004 " ;a r Oil— City REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 39 2004 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call T Presentations and Recognition-Receive report related to FY2003 Audit * Public Comment: Persons may speak on scheduled agenda items 5-10/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at the southwest corner of Highway 105 and East Major Drive 2. Consider approving a request for a specific use permit to allow the administrative office of a residential care business in an RCR (Residential Conservation and Revitalization) District at 1890 Broadway 3. Consider approving a request for a specific use permit to allow a retail establishment selling alcoholic beverages with on-premise consumption in a GC- MD (General Commercial-Multiple Family Dwelling) District at 5405 College Street 4. Consider approving a request for an amended specific use permit to allow the opening of a driveway along Long Street to serve a self-storage warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District 5. Consider approving a request for the abandonment of a 60' x 126.9' section of Colorado Avenue 6. Consider approving a request for a modification to the 8'tall wood screening fence requirement around the parking lot as approved by City Council in a specific use permit to allow Modern, Inc.'s farm equipment and machinery manufacturing facility in a LI (Light Industrial) District at 1901 Tilson 7. Consider amending a contract with the Beaumont Chamber of Commerce to provide an additional$15,000 to be used as a revenue guarantee in an effort to attract Delta Airlines to the Southeast Texas Regional Airport 8. Consider approving a bid for stabilizing the foundation of Fire Station No. 1 9. Consider approving a bid for the purchase of approximately 22,000 feet of PVC pipe 10. Consider approving a one (1) year contract for the purchase of ready mix concrete COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Annette Coward Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. I February 3, 2004 Consider approving a request for a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at the southwest corner of Highway 105 and East Major Drive City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 27, 2004 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)to GC-MD (General Commercial-Multiple FamilyDwelling)District for property located at the southwest corner of Highway 105 and East Major Drive. RECOMMENDATION The Administration recommends denial of a zone change from RS (Residential Single Family Dwelling)to GC-MD(General Commercial-Multiple FamilyDwelling)District for property located at the southwest corner of Highway 105 and East Major Drive. BACKGROUND Charlie Danna, the applicant, is requesting a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling)District for a 0.58 acre tract of land at the southwest corner of Highway 105 and East Major Drive. The property is currently vacant. Mr. Danna states that the property has limited resale value with the current residential zoning and would be better suited for commercial development.However,no specific plans are given. He goes on to state that the property is across the street from two churches. The Development Strategies Diagram designates this area has a Neighborhood Growth Unit. As such, commercial uses are designated at the intersections of major thoroughfares. The subject property is surrounded by single family residential uses to the west and south. This "residential pocket" is surrounded by Highway 105 to the north, East Major Drive to the east and south and the LNVA Canal to the west. In addition,RS zoning surrounds the subject property. The nearest GC-MD zoning is on the north side of Highway 105, approximately 1,195' west and approximately 2,680' east of the subject property. Therefore, this request could be considered "spot zoning". The following four issues must be resolved to determine whether a"spot zoning" situation exists: 1) The law demands that the approved zoning plan should be respected and not altered for the special benefit of the landowner when the change will cause substantial detriment to the surrounding land or serve no substantial public purpose. Would the zone change be in compliance with the adopted comprehensive plan? The subject property is surrounded by RS zoning. The Comprehensive Plan designates this area as a Neighborhood Growth Unit. As such,commercial uses are designated at the intersections of major thoroughfares. This request is not is conformance with the Comprehensive Plan. 2) Will this change adversely impact the surrounding properties? The nature and degree of an adverse impact upon neighboring lands is important. Lots that are rezoned in a way that is substantially inconsistent with the zoning of the surrounding area, whether more or less restrictive, are likely to be invalid. The subject property is adjacent to single family residential uses to the west and south. To allow commercial zoning on the subject property could be detrimental to the residential uses adjacent to it. If the Planning Commission and City Council determine that this request is not spot zoning, then GC-MD-2 zoning might be considered more appropriate. 3) Is the tract of land suitable or unsuitable for use as presently zoned? This is a factor. The size, shape and location of a tract of land or lot may render it unusable or even confiscatory as zoned. The subject property could be developed as single family residential. Within the past 10 years, properties to the west with frontage on Highway 105 have developed as single family residential. 4) Does the proposed zone change bear a substantial relationship to the public health, safety,morals or general welfare or protect and preserve historical and cultural places and areas? The amendatory ordinance must bear a substantial relationship to the aforementioned considerations. The zone change request does not meet Condition 4. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held January 26,2004,the Planning Commission voted 8:0 to deny a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at the southwest corner of Highway 105 and East Major Drive. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. d-` FEL 1699-Z: A request for a zone change from RS e9 g (Residential Single Family NORTH ". Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District. Location: Southwest corner of Highway 105 and East Major Drive. - • Applicant: Charlie V. Danna, Sr. SCALE y V=200' U0 ' J ,e yy .46.l/6 5 O V e r a i •Cat .�K � r ,e �` s • P• sue, x� A Ld M- H R S e - ff 60. ro� ton SUBJECT HIGHWAY 105 -f o J l Q ® � •. AN ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 105 AND EAST MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at the southwest corner of Highway 105 and East Major Drive, being Plat RS4, part of Tract 131, Abstract 17,W. B. Dyches Survey, City of Beaumont, Jefferson County,Texas, containing 0.58 acres, more or less, as described on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. G:\R MWAG E N DA\02-03-04 Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3' day of February, 2004. - Mayor Evelyn M. Lord - G:\RMWAGENDAW-03-04 FILE 1699-Z: A request for a zone change from RS (Residential Single Family NORTH Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District. A ti Location: Southwest corner of Highway 105 and East Major Drive. Applicant: Charlie V. Danna, Sr. SCALE V= 200' o, DP r a ,,.G •. A ° oaf\ \,,� - 44 LLJ Z 2 _ H M CL M - H R-S +s 6o V3 lrArr J SUBJECT HIGHWAY 105 \\ fr \� Ir O Aft .w .. .r EXHIBIT 'A' 2 February 3, 2004 Consider approving a request for a specific use permit to allow the administrative office of a residential care business in an RCR(Residential Conservation and Revitalization) District at 1890 Broadway City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 27, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow the administrative office of a residential care business in an RCR (Residential Conservation and Revitalization) District at 1890 Broadway. RECOMMENDATION The Administration recommends approval of the request for a specific use permit to allow the administrative office of a residential care business in an RCR (Residential Conservation and Revitalization)District at 1890 Broadway. BACKGROUND St. Giles Living Centers,Inc.has purchased the former insurance office building at 1890 Broadway with the intention of moving its administrative office to that location. This office will house approximately 12 administrative staff and the hours of operation will be 8 a.m. to 5 p.m., Monday through Friday. St. Giles does not intend to make any type of changes to the integrity of the building. The applicant states that the proposed use would be compatible with the surrounding area. An attorney's office is across the street and the subject property backs up to commercial uses along Calder. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held January 26, 2004,the Planning Commission voted 8:0 to approve a request for a specific use permit to allow the administrative office of a residential care business in an RCR(Residential Conservation and Revitalization) District at 1890 Broadway. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. • ! ' ��w�r�J�!' �; ND R C R , c �k • >� e!I i I F•��1 Y FILE 174)3-P: Request for a specific use permit to allow the office of a residential caitre NORTH i business in an RCR(Residential Conservation and Revital'cration)District. A „ { t Location: 1890 Broadway Ave. �* Applicant: St. Giles Living Centers, Inc. SCALE _ �1 - ` 1"-200' ' �, - t• :��H` • 1 • f r /t ��• f • J t , � � t ! • J t , 1! i t ` f'� ! r , - CALDER AVE. - so �o - - sa• su - k INIM1 tJ r• t1 ti, t , • ! r , T 1 ♦ f • r 1 • J I 10 BROADWAY AVE. I _ • 1 t -. � t , :o „ ,t. F- / , ro , 't r I �.� t. �In � • ,� /o ,r •r .J I ..- � •5k0f o 10 I �J t 6 i 7 —T `—' ` `—i` 9 h � t• fJ r• i IIII AY. y, v+ v fo LIBERTY AVE. a! r•• t1 t! !l/•♦ , 1 I S♦ i-♦♦! ' .1, •f 0 J n, t r,' ,J� : ,f ^s•!o !. a•! J t t/ s,o J • �^♦'� 1, •O Z ), t l,'�s/i I�^ 1♦ ♦! , � •!O♦ , 40 a ,t ♦ 2 f J t L 81 LAUREL AVE. R 12 z so so so SG 60 Jo so 5.0 50 ao♦ J t sr t J s 2100 20" _ SOUTH Sr. �6C27 • • 1 ! t .f f • f t , �♦ I ! I , ' t , .. -♦ ! • ! t /!It ♦ .1 ! • J I r CALDER AVENUE FOUND 1/2' _(M IRON RCO g� e PP v= \INSET PK 20' ALLEY- f �� FOUND 3/4- DEC ` 4 9003 vZ NAIL (CALLED 75.00') PINCHED PIPE S 99'49'42" E' 74.93' WOOD --_� CARPOR. S-GN 1 0.6 B L 0 I C K 1 2 � 1 LOT 6 - - LOT 5 LOT 4 COVERED D'.E3nEAD 72.0 0 \ .ASPHA-7 PARKING �? 22.2 r 4.5 i o 0 n �V M O CD M O I ILJI�VI <° O1 0 0 5 10 ;o �< Z 5 C A L t W II PIPE BOL.ARD ONE STORY BRICK 1 W/CHAIN c, BUILDING ON SLAB T ('TYPICAL) 1 � E— 0.1 3d7 PIPE SET PK BOLLARD NAIL (� i (TYPICAL) (ASSUU ED BASIS Z I OF BEARINGS) (CARD 75.0V) (CALLED 150.00') 1 WEST 74.91' _W�57 1, 1 WEST 74.93" !—'15d—�"Y—�iX Jr% (CALLED 75.00') FOUND.I J FOUND 1/2 SNA PK 1890 BROADWAY STREET NAIL IRON PIPE IRON R00 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE ADMINISTRATIVE OFFICE OF A RESIDENTIAL CARE BUSINESS IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 1890 BROADWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to St. Giles Living Centers, Inc., to allow the administrative office of a residential care business in an RCR (Residential Conservation and Revitalization) District at 1890 Broadway, being the west'/2 of Lot 5 and Lot 6, Block 12, McFaddin Second Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow the administrative office of a residential care business in an RCR (Residential Conservation and Revitalization) District at 1890 Broadway, being the west'/of Lot 5 and Lot 6, Block 12, McFaddin Second Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to St. Giles Living Centers, Inc., its legal representatives, successors and assigns. GARMWAGEN DA102-03-04 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 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3' day of February, 2004. - Mayor Evelyn M. Lord - G:\RMMAGENDAM-03-04 AV RILL som � FILE 1703-P: Request for a specific use permit to &Dow the office of a residential can NORTH j business in an RCR (Residential Conservation and Revitalization) District. ,. � < Location: 1890 Broadway Ave. I Applicant: St. Giles Living Centers, Inc. SCALD G CALDER AVE. �• At !• !1 It _ 1 / . � '� 1 • ! . f f _i BROADWAY AVE. BJ q`n C 1 r t t I f o r 1 l4 15 lei it t LIBERTY AVE. .5 4 D l• t! !I `! 1 I • f r ' ! f • 1 ! . ! ! • 1 ! I 1 �.. J t i LAUREL AVE. R F Jo so x v 6o so x & x „ x so IZAC sr Sr J . s ! •. �! J • J t ? gt t . t t , � ;! ! . J t e - � ! I s . � r 1 s i Gb ••• ?100 2C2no _ SOUM ST. �8W so � J � � -I f • ! t � -� I J . J t - -I ! • J t .t • � t • J t EXHIBIT 'A' CALDER AVENUE PON qoc 2 20' ALLEY FOkNO 3/4• N3 SC, Px PC vZ -4 A,L (CA­EO 5 x S 39'49'42' E 74 93' L o c K 1 2 LOT 6 -LCT 5 5 `x 0 5 10 N, N, Ae N N 3,1 N —SET N N N 3.SS z N N Ac, '4.9t 'NEST 74.93' C SET �XNC� ­— %-1 ,2'— NA,L 1890 BROADWAY STREET RVI PPE RON RX EXHIBITS' 3 February 3,2004 Consider approving a request for a specific use permit to allow a retail establishment selling alcoholic beverages with on-premise consumption in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5405 College Street City of Beaumont UP.- Council Agenda Item c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 27, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a retail establishment selling alcoholic beverages with on-premise consumption in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5405 College Street. RECOMMENDATION The Administration recommends approval of the request for a specific use permit to allow a retail establishment selling alcoholic beverages with on-premise consumption in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5405 College Street. BACKGROUND Adair's Eskimo Hut is wishing to operate a drive-in and drive-through store that will sell convenience items,beer,wine,cigarettes and frozen wine-based daiquiris. The property is located at 5405 College Street. The applicant states that the proposed business will operate Monday-Saturday, 7 a.m.to 12 midnight and on Sundays, 12 noon to 10 p.m. Customers will have the option of parking their vehicles on the property and entering the building for their purchase or accessing the drive-through facility on the west side of the building. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held January 26,2004,the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a retail establishment selling alcoholic beverages with on- premise consumption in a GC-MD(General Commercial-Multiple Family Dwelling)District at 5405 College Street. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. ILEE,1702-P: Request for a specific use permik to allow a ret"establishment selling NORTH � m4irLAND sr consumption in a GC-MD General Commercial f coho►1�c beverages with on premise P �ultiple Family Dwelling)District, Location: 5405 College Street Svax � Applicants: Adaies Eskimo Hut,L. P. a M� r ,a ) , � v o �t 0 - — — Z. J' --1 ir m f, p co z M U H' I I R .'_'- -_- .. �-. - - _.--_— •110 - , ♦ - �- ._--- •f i0 JV � y J-1 v �O - - a• O .r M ,..�.■...■■ COU-EcE ST. , So Al �. COLLEGE sr 0�_ ---.-._—'_ 0 �NuT This plan f ROVED OT APPROVED subiect e owing requirements: L i ( .EP c xa ( I N..PA. 13-Spdnkter System f ( F.P.A.72•F•Ire Alarm System v H f ( ) rUpA.96-Vent~ .� r ' r wrc r�ac a cr�r.\ -•e � ( Other nn 0 O F,z`w.uw�• r.4 ,Vrn.I" k IZ i All items must be iqs lid to final appn:val.Date. U r/ t an COURSE mon Firo/Rescue Services oc Fie Marshal's Office COURS ,m�� 409.880 3905 4 i , ri n_V i SEGTtON A ' o " ►br.u. � � � o �^ a CtTY OF BEAUMONT,TEXAS /D/Z 3 1 v �l o- J BUII.DINO CODES DIVISIO D FOR'OCOt�VL1ANCF. 1 x =� REVIEWE .a j S.B.C.9 I.M.C. U O S.P.C. NOTED t(orr,'. vo f ri1AU. fl� �FP+9g0 To -Fn 7rtR�=lrTS l 3,•SAj A.L IvcT VWX CWTa U 7� t T7r� o w Zt 7As�+Ll Nr7' �W�NJ Eskimo W d %n q.. OJ ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL ESTABLISHMENT SELLING ALCOHOLIC BEVERAGES WITH ON-PREMISE CONSUMPTION IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT AT 5405 COLLEGE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Adair's Eskimo Hut to allow a retail establishment selling alcoholic beverages with on-premise consumption in a GC-MD(General Commercial-Multiple Family Dwelling) District at 5405 College Street, being Lot 1, Block 6, Caldwood Acres, City of Beaumont, Jefferson County, Texas, containing 0.30 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a retail establishment selling alcoholic beverages with on-premise consumption in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5405 College Street, being Lot 1, Block 6, Caldwood Acres, City of Beaumont, Jefferson County, Texas, containing 0.30 acres, more or less, as shown on Exhibit "A" G:\R M W 1A G E N DAM-03-04 attached hereto, is hereby granted to Adair's Eskimo Hut, its legal representatives, successors and assigns. 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 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the V day of February, 2004. - Mayor Evelyn M. Lord - GARMWAGENDAM-03-04 I l F77T FUA 1702-P: Request for a specific use permit to allow a rd" establishment selling xoRTH alcoholic beverages with on premise consumption in a GC-MD (General Commercial- Multiple Family Dwefling) District. Location: 5405 College Stmt SCALE p Applicants: Adair's Eskimo Hut, L. P. Ca IV j , • a / )39 / 62, Ij J n m � v Z � Q J f U jai j<-- --- C ! 1r � J COLLEGE ST. COL 4rGE sr ! t , � SU � i R �/ • - iii_--- 4 • Sw �� R O - EXHIBIT 'A' r d L This Ulan I ROVED OT APPROVED snbieo v e own.`requirements: (vKKEPA. 10-Pwbb4e fire Extinguishers w! � r 0— C ( )N.f P.A 13-Spinklar System C ( F.P.A.72-Fin Alarm System I L F ( ) P.A.96•Va.t- J r "� . r.,AAC TACK*I owe+. 948 Cr ` nor.oac ,r rum ro.n ( Other `^ 0 O w��• 1 N All items must be I prw tD final aDOmval. w r" Date 'I esr.awr Ca ox �a/Q]`q�k��4�1p X C mon fin/Raxue Services "D n•Ircc �dvfire Marshal's Office Ca.oc CR eueodre 409-880.3905 ir c s e«swi qar! W 42 I 41 NItU b Z n -91E�` ►ar.u. a � d _ — 10 31 CfTV OF BEAUTAONT.TEXAti 1 � BUILDING CODES DIVISION x Ln a1 ca _o REVIEWED FOR COD COAA LuWCB J{ p S.B.C.97 I.M.C. d S.P.C. U o NOTED U x t� � rtr►ti►- ��»Ts � -sa yry-�-� � � � � o 3r%W+ L mto7 va+.w CQTb r�---x( ,w.>� ,o�. C Zt 3A;rY(7 r w v A ESuMO NT 4 February 3,2004 Consider approving a request for an amended specific use permit to allow the opening of a driveway along Long Street to serve a self-storage warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 27, 2004 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow the opening of a driveway along Long Street to serve a self- storage warehouse facility in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District. RECOMMENDATION The Administration recommends approval of the request for an amended specific use permit to allow the opening of a driveway along Long Street to serve a self-storage warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District, subject to the following conditions: • Access Self Storage shall construct a solid 8'high wood fence 400' along Long Street. • Access Self Storage shall provide landscaping along Long Street. • Access Self Storage shall install an asphalt speed bump along the existing driveway entrance on the storage property. • Access Self Storage shall patch the asphalt pavement along Long Street (to be determined by the City of Beaumont and Access Self Storage). • No signs shall be placed on Long Street. • The existing gate on Long Street will be open 7 a.m. to 7 p.m. only. BACKGROUND Scott Monroe,owner of Access Self Storage,is requesting an amendment to his specific use permit for a self-storage warehouse facility at 250 S. Dowlen Road. The original specific use permit was granted by the City Council in January,2002. As a condition of approval of that specific use permit, the entrance on Long Road was to be gated and used for emergency purposes only. Mr. Monroe states that the storage facility has lost business due to the site not be fully accessible. After a request for a median cut on Dowlen Road, the City reviewed and denied the request. That denial was based upon the fact that the median width adjacent to the facility is inadequate to "shadow"a vehicle. Also, a median cut in this area would infringe into the existing turn lane built into the median to accommodate left turns into the driveway of the adjacent shopping center. Mr. Monroe states that since customers are not allowed to exit the facility and turn north onto Dowlen Road,he needs the driveway on Long to provide a more convenient entrance and exit to the facility. John Holm with Fittz and Shipman communicated with the Kingstowne West Townhouses Homeowners Association on the possibility of opening the driveway. Both parties came to an agreement subject to a number of conditions. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held January 26,2004,the Planning Commission voted 8:0 to approve an an amended specific use permit to allow the opening of a driveway along Long Street to serve a self- storage warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 250 S. Dowlen Road, subject to the following conditions: • Access Self Storage shall construct a solid 8'high wood fence 400' along Long Street. • Access Self Storage shall provide landscaping along Long Street. • Access Self Storage shall install an asphalt speed bump along the existing driveway entrance on the storage property. • Access Self Storage shall patch the asphalt pavement along Long Street (to be determined by the City of Beaumont and Access Self Storage). • No signs shall be placed on Long Street. • The existing gate on Long Street will be open 7 a.m. to 7 p.m. only. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. Boa �'.�#�•:.� �' ..�� \. —�" m.mmmmmm � Ommmo•�m000wm"®mrri®mma - mmmmmm ° FILE 1700-P: A request for an amended specific use permit to allow the opening;of a NOII!ILTH driveway along Long Street to serve a self-storage�varehou,se f��+:ilitp in a GC-MD Ihwellin District. A�i (General Commercutl-1Mulhpie Family g) • Location: 250 Sm Dowlen Road SC,,",'1'E \ 1~ „2�� Applicant; David Luquette for Access Self Storage \ �OV oc ell � f lass T a a_ t- Sn t ? �• `056 AM ' AD. IIIllp, CS w IQIM � A I Ilk v /NJ � el 3 a _ Z , 10.fc ui •, C7 /� I X13 t m + 2 7 Q 114111 s �Z,FRIAR e as. e ilk a x 6 � z 11p O g V 0 R of �• r _ n _ o0 c,o mrsrm Goo- I r - I &L ID WESTW00D BL'IIID. Sao 2 CO i ADD] 71 l°LI4 • • s r • 1 ♦ I • > > Q �I' %d m a. h m6 �y v � s? w, u#, ..nom;. F I T T Z & `HIP`i a N 2E3 JE � � ]E=> -T SHEET NO. :Nr IL C1 Co #G ENGREOW & IAND SURVEYORS PROJECT NAME: ACCESS STORAGE BUDINGS PROJECT NO. 1405 CORNERSTONE COURT, BEAUMONT. TEXAS (409) 832-7238 FAX (409) 832-7303 DATE:12/18/01 01143 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE 02- 004 TO ALLOW THE OPENING OF A DRIVEWAY ALONG LONG STREET TO SERVE A SELF-STORAGE WAREHOUSE FACILITY IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT Ordinance No. 02-004 passed on January 29, 2002, by the City Council of the City of Beaumont is hereby amended as follows: Section 1. That a specific use permit to allow a climate controlled mini-storage facility in a GC- MD-2(General Commercial-Multiple Family Dwelling-2)District at property located between Dowlen Road and Long Road, being Tracts 104A, 214, 214A and 2148, C. Williams Survey, Abstract A-59, City of Beaumont, Jefferson County, Texas, containing 4.5 acres, more or less, shown on Exhibit 'A" attached hereto, granted to Fittz & Shipman, Inc. for Scott Monroe, their legal representatives, successors and assigns, is hereby amended to allow the opening of a driveway along Long Street to serve the self-storage warehouse facility subject to the following conditions: • Access Self Storage shall construct a solid eight foot (8) high wood fence four hundred feet (400') along Long Street. • Access Self Storage shall provide landscaping along Long Street. • Access Self Storage shall install an asphalt speed bump along the existing driveway entrance on the storage property. , G ARM W AG E N DA\02-03-04 • Access Self Storage shall patch the asphalt pavement along Long Street(to be determined by the City of Beaumont and Access Self Storage). • No signs shall be placed on Long Street. • The existing gate on Long Street will be open 7 a.m. to 7 p.m. only. 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 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3' day of February, 2004. - Mayor Evelyn M. Lord - GARMMAGENDAW-03-04 FILE 000-P: A request for an amended specific use permit to &now the opening of a NORTH driveway along Long Stmt to serve a self-storage warehouse facility in a GC-MD (General Commercial-Multiple Family Dwelling) District. ALE + Location: 250 S Dowlen Road SCALE \� Applicant: David Luquctte for Access Self Storage M.2 t x VA � tI t05 J WN i Sao 13 A J m w 83 t it i,J1 l r J i � C fR'AR / I 2 � 107♦ � � ;j /�j/ � , b tj Ij �. i --� RS R rSO,,�Ae rl11 _ - r4, NO '� � j • I I i M'fST 004' tt D WESTWOOD BLVD. r ;V goo Z fco j t W E: ST We O 9D 7l N l . 1 ♦ I • • / f I f I , EXHIBIT `A' �. - !! 1lli ! ! ! ! 1i TI TI I { I i I 4 ; a 4 � z„M�'+f:{` s•'. - r a c. �� fit N't r w y� Ili >hG•i"}�i � t A�x�A F' k .. "k-��,fi•.,:; d'i�-, _ � .,.-s +��#1�, �Y4� .._t rr7 a�Yt ?..��.... _` r •;; r r I� ,�"-?:. ? i€ a c. ,`'4 C.�✓'�,, �. 1c `ts r� S �- ''W:�.fir. �±f, 4 'f -s..+' 4 E x tea' x�t GFm e •+;,t r'at's' __f•V - ' sftk' 4 " NC Imo- � � � 7 • C*NSULMNG ENGUMM & LAND SURVEYORS 1405 CORNERSTONE OOURT. BEAUMONT. • • • • ' • • Approval of an amended specific use permit to allow the opening of a driveway along Long Street to serve a self-storage warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 250 S. Dowlen Road, subject to the following conditions: • Access Self Storage shall construct a solid 8' high wood fence 400' along Long Street. • Access Self Storage shall provide landscaping along Long Street. • Access Self Storage shall install an asphalt speed bump along the existing driveway entrance on the storage property. • Access Self Storage shall patch the asphalt pavement along Long Street (to be determined by the City of Beaumont and Access Self Storage). • No signs shall be placed on Long Street. • The existing gate on Long Street will be open 7 a.m. to 7 p.m. only. 5 February 3,2004 Consider approving a request for the abandonment of a 60'x 126.9' section of Colorado Avenue City of Beaumont � 7eit Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 27, 2004 REQUESTED ACTION: Council consider a request for the abandonment of a 60' x 126.9' section of Colorado Avenue. RECOMMENDATION The Administration recommends approval of a request for the abandonment of a 60'x 126.9'section of Colorado Avenue, subject to the following conditions: 1) Retain a utility easement to accommodate the existing 48"storm sewer and cable service line or move the existing facilities at the University's expense. 2) Put the existing junction box on the north side of Colorado back to original shape. BACKGROUND Lamar University is requesting the abandonment of a 60'x 126.9'section of Colorado Avenue so that it can be closed to eliminate ingress and egress to the campus from University Drive. Lamar owns all the property on either side of the street and the University states that there is no longer a need for public access. Colorado Avenue, east of the subject property, has been abandoned by the City. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held January 26, 2004, the Planning Commission voted 7:0:1 to approve a request for the abandonment of a 60'x 126.9' section of Colorado Avenue subject to the following conditions: 1) Retain a utility easement to accommodate the existing 48"storm sewer and cable service line or move the existing facilities at the University's expense. 2) Put the existing junction box on the north side of Colorado back to original shape. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. .......... NORTH ,a� 11111.66 on a 111c, tion of Colorado Avenue from University sIM'ImiInld(med iDiDiCidon of Colorado Avenue. ,surd C' �l��eu . _ SCALE r its aAe. Cit ,R: 11ciir lC..j nnair'11.1niversity 1"=200' do j .. vu nlli n.inun n.�noirrn.,om�i �� .,....ate._. °:.�., A.., arov. I �I III •• °• .. , . . . + Y _50 �' r 4 . .___-.._. .. it __�- - ..._. .,. - � I � it � J o / / s I � 1 N- � w � O A r t { J • / ! ► • ' ! • � lip 411U .#r . 00 ql • I K 01 I• to • N{ tJ r M Ar ff N a jig iw .A S�{�IryI4'I I"�\\If Y.�`�,, i.ri..n n.. 5•ZS• 8! I O a R d N�D. ` Q 'COLORADO^ Al, All All + .Otp .Y.• . T� Iryv 1 lo' _6p IIuwh'u lIl r i • if w • H � �{ • $ SO tJ is ,r lASAAU A . W V �I l; ALABAMA AVE. l[I t { . t !It I I / f I ! M - �i. QW i�l Ilutlpll1 —' , I AS W � /7 Uj I . a1V ut ! A N M w 14 a s O Jt n to N • rs N rt F8H' � 7j Y� I ✓ , � • GEORGIA AVE. II _ I I I i ", ii �,,.,. � `�' ��� �R I�� \ J 1 • I / f / / � • r t � J � • 1 t f 7 / ! O �•a��r �,��i. �'d�� dray !�1� �w«�� dP I��� V"° eia=i f�1 � I { � � � � � { I � I � aar "ailr ( I !i % ' 141 f w + N n N a J! 0.1 / n +1 'JrJ i IOWA AVE. liIVO r II Ju Al if s s IF / s i IF i • t s, f ! ! a , ,I r, e u to I tt I W It • I, n Af • 1 ri , ��I� e.a'-%!w'6 r ,....Ln....rn.rallll�ln,.�„<Idl!Ef.•.r�� r .. flF _..Ms !m„” J"ur n-i IiS'1041i y 9 11�� I..•. j w�1��� t ! I 1 ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 60' X 126.9 SECTION OF COLORADO AVENUE IN CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the westernmost 60' x 126.9' section of Colorado Avenue, beginning at the eastern right-of-way line of University Drive and extending in an easterly direction 126.9' to the southeast corner of Lot 21, Block 14, and the northeast corner of Lot 2, Block 15, Lamar Addition, City of Beaumont, Jefferson County, Texas, containing 0.17 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same is hereby abandoned subject to the following conditions: • retain a utility easement to accommodate the existing 48" storm sewer and cable service line or move the existing facilities at Lamar University's expense; • repair the existing storm sewer junction box on the north side of Colorado back to a condition acceptable to the City Engineer. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. GARMWWGENDAM-03-04 Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3`d day of February, 2004. - Mayor Evelyn M. Lord - GARMWAGENDAW-03-04 .. F ILE b60-OB: Request to abandon a portion of Colorado Avenue from University NORTH Drive cast to a previously abandoned section of Colorado Avenue. Location: Between University and Cheek Applicant: Gerald McCaig for Lamar University SCALE 1"=100' 1 of o / � l - a 1 1 • ) 1 I N i sr A t f ' 7 • I 1 � 1 l • � 1 b • I i Cr �t to N �f I I I N tJ t• y r Z l { { t H ar a+ as n . ,f n r, s ow E wSEa 5 Z'� gt oay.uc. is • � �• �J ���� gi.� '.COLORADO AVE. aao +'• '� Lu > i f s = It /6 w �tr It to { • I ~ n I n I y I H I a i 0 $ t+� tt l u r. to i to I • her ! jV A"VAAU s3 _ , _ 1 , I . Aye . U O �y . l� ALABAMA AVE. a t. � � � 3 � a a I . � • • r f � f � n � � s , � I b1�' • I . �' a • " �' � � LU r/ = As gr 01 ev to Air lip AP of-k 81 tj i tf • A I I• .• M 4 K GEORGIA AVE. to ! I • f • f I / t J ♦ / ♦ 7 1 a O 144; is rr�y Jt toy ts� t1� n o� tt �f ' p� r •� .} •• .♦ •f y�� N .f • I i • t• y 1t w \. t `: I I { I J'♦i t1 tt I t/ M ' tf H I !f N to IOWA AVE. I ! ` t J J 1 ♦ 1 ♦ 1 t a ) ♦ I I • s t t t • a 1 7 a t I p �.. 24 I P/ J •,/ » • f , i I ! M tJ I tt i w • I • t N' tt tt r I JO ts I I A u I iArf EXHIBIT 'A° 6 February 3, 2004 Consider approving a request for a modification to the 8'tall wood screening fence requirement around the parking lot as approved by City Council in a specific use permit to allow Modern, Inc.'s farm equipment and machinery manufacturing facility in a LI (Light Industrial) District at 1901 Tilson City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 28, 2004 REQUESTED ACTION: Council consider a request for a modification to the 8' tall wood screening fence requirement around the parking lot as approved by City Council in a specific use permit to allow Modern, Inc.'s farm equipment and machinery manufacturing facility in a LI (Light Industrial)District at 1901 Tilson RECOMMENDATION The Administration recommends approval of the request for a modification to the 8' tall wood screening fence requirement to allow an 8' tall vinyl/cyclone fence around the parking lot at 1901 Tilson. BACKGROUND On December 2, 2003, the City Council approved a zone change to LI (Light Industrial) and a specific use permit to allow Modern, Inc.'s farm equipment and machinery manufacturing facility at 1901 Tilson. The approval of the specific use permit was conditioned upon an 8'tall wood screening fence being constructed along the St. Anthony, Schwarner and Tilson frontages of the parking lot. Roderick Bluiett, Assistant Plant Manager, is requesting a modification to the wooden fence. He would like to install an 8'tall vinyl/cyclone fence in lieu of the 8' tall wood screening fence. Mr. Bluiett states that the vinyl/cyclone fence would be long lasting and maintenance free. The color would also match the existing fence at the facility. BUDGETARY IMPACT None. PREVIOUS ACTION On December 2, 2003, the City Council voted to approve a specific use permit to allow Modem Inc.'s farm machinery and equipment manufacturing facility in a LI (Light Industrial) District with the condition that the parking lot be screened with an 8'tall wood screening fence along St. Anthony, Schwarner and Tilson. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and the Planning Manager. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 17-22,Block 1,Minter Addition,Lots 3-14,adj. alley, Tracts A-D of abandoned Tilson St. and Tracts A and B, Block 1, Minter Addition and Plat J, Tract 22, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 3.39 acres, more or less. THE MODERN GROUP • Dragon Products and industries • Modern Manufacturing • Tiger Tanks/Offshore Rental Corp. January 28 , 2004 To : Steve Richardson From: Roderick Bluiett This is a request for consideration cf a material change on our 8 ' fence at Modern Mfg . plant on Tilson Street . We are requesting a vinyl/cyclone fence in lieu of a wooden fence . This will give us a long lasting maintenance free fence . The color would also match existing . I will deliver a sample to city hail today. Please call me @ 409- 504 -2945 for questions or comments . Thank you for your time and consideration . Sincerely, Roderick Bluiett Asst . Plant Mgr . Modern LTD . CORPORATE OFFICE express Mall: 1655 Louisiana, Beaumont, Texas 77701 • Regular Mail: P.O. Box 790, Beaumont,Texas 77704 (409} 833-2663 • i-800-231-8198 • FAX (409) 833-3170 - email: salesOmodernusa.coin FILE 1697-7JP: A request for a zone change from RM-H(Residential Multiple Family NORTH Dwelling-Highest Density)District and GC-MD (Gtneral Commercial-Multiple Family Dwelling)District to U(Light Industrial) District and a specific use permit to allow a tarm equipment and machinery' manufacturing facility. SCALE 1"=200' Location: Approximately between Irving and St. Anthony and between McGovern � , • and Schwarner Applicant: Modern Ltd. 0 lit 3 r t i ! , • ' ! ;�`. j- —K s, : •a ,.. w� •• t ., • A .. IA a • z . t J • V 0 .� 2 Sr di SCHWARNER ST. 1 •� ri --- - tu D+,J ' DE /1 I.fWOVERN '� – t! r I t • • • f i � 1 i MARY r.l r t /CG�• I t 'r r • v i rl 1 •• O JI `3 1 .l Id '1 l lid .J. I NF-=ST. J► 1 AV gar , N ' i ,f •• �L .fl f is LEGEND: V CHAIN LINK FENCE '� ------------ V WOOD FENCE RAW MATERIAL � ., � V a •OFF STREET LO DING 17Z SON ST IO JACKSON St exrr Fxar xxrr ace, NE7f'PAf'K ARfA • n n ►� n `^'r; S FINISHED GOODS ►� OFFICE SHOP AREA OPEN Li k RELOCATED PROCESS ou�sTe7ts FOR att4 a Fq [ I I I om TRASH W.1-p. FINISHED GOODS - OPEN OPEN 0PON S=T COMA E °----_- /R�I/YC ST. ._ ''� l. . _ *Approval subject to providing an eight (8) foot tall ,> vinyl/cyclone screening lence along the St. Anthony, - Schwarner and'rilsun Irontagcs. MODERN PROPOSED OPERATION EXHIBIT W1 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE 03- 095 TO ALLOW MODIFICATION TO THE SCREENING FENCE REQUIREMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT Ordinance No. 03-095 passed on December 2, 2003, by the City Council of the City of Beaumont is hereby amended as follows: Section 1. That a specific use permit to allow a farm equipment and manufacturing facility in a LI (Light Industrial) District at property located approximately between Irving and St. Anthony and between McGovern and Schwarner, being Lots 17-22, Block 1, Minter Addition, Lots 3-14, adj.Alley, Tracts A-D of abandoned Tilson Street and Tracts A and B, Block 1, Minter Addition and Plat J, Tract 22, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 3.39 acres, more or less as shown, as shown on Exhibit'A"attached hereto, granted to Modern, Inc., its legal representatives, successors and assigns, is hereby amended to allow an eight foot (8') tall vinyl/cyclone fence in lieu of the required eight foot (8') tall wood screening fence,; and, 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. G:\RM W\AGENDA\02-03-04 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 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the V day of February, 2004. - Mayor Evelyn M. Lord - GARMWAGENDA\02-03-04 FILE 1697-71P- A request for a zone change from FUNI-8 (Residential Multiple Family NORTH DweWng-Uighest Density) District aad GG-MD (General Commercial-Multiple Family Dwelling) District to LI (Light Industrial) District and a specific use permit to allow a farm equipment and machinery manufacturing facility. SCALE _ Location: Approximately between Icing and St. Anthony and between McGovern • aad Schwarner - Applicant: Modern Ltd. jr I w aQ I z C ! , J j • ! a , SCNW,tRNE.R ST. - r _ SU , mcGOVE"ST. � r YAJrr' . '_=ter J� � - l �•• �t r .. i MARY$T. • ` . rr �✓ e� ---,,, r - IJ 40' ?� Nervy ST. �r IS .rr V 3 n t *A t I • J l A181T 'A, ' V LEGEND: -- V CHAIN LINK FENCE .......... Ir WOOD FENCE RAW MATERIAL OFF STREET LO DING , 17Z SON St I0 J4cKSON S/, t�xnr Exrr__L�xxrr r zxrr N6V PARK AREA n n ,N�• S FINISHED GOODS OFFICE SHOP AREA � F I RELOCATED PROCESS Dum"TE" OPEN FOR STEEL• TRASH W.Ip. 'FINISHED 00003 OPEN OPEN OPEW 3T01iA yy Approval subject to providing an eiSlu (S) trot tall -►' ,.. ._. t..i' vinyl/cyclone:,ri«ninL; Icucc ;duu llir Sl. Antlwuy> --^ ----..-___ Scliwarner un,l"I ilsuu 1.iuutaLcs. MODERN PROPOSED OPE EXHIBIT "B" �IO1V ,qo�,, 100.E PA l'F 2 7 February 3, 2004 Consider amending a contract with the Beaumont Chamber of Commerce to provide an additional $15,000 to be used as a revenue guarantee in an effort to attract Delta Airlines to the Southeast Texas Regional Airport 75 V~ City of Beaumont QV_ Council Agenda Item TO: Mayor and City Council FROM: Kyle Hayes, City Manager MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 28, 2004 REQUESTED ACTION: Consider amending a contract with the Beaumont Chamber of Commerce to provide an additional$15,000 to be used as a revenue guarantee in an effort to attract Delta Airlines to the Southeast Texas Regional Airport. BACKGROUND The Southeast Texas Coalition for Air Service, LLC, created by the Beaumont and Port Arthur Chambers of Commerce, is leading an effort to attract Delta Airlines to provide air service to and from the Southeast Texas Regional Airport. Delta Airlines is requiring a $975,000 revenue guarantee from the Southeast Texas community before they sign an agreement to provide air service for one-year. The Coalition is asking each city and county in the region to invest a minimum of$.10 per capita toward the revenue guarantee or letter of credit. With Beaumont's population estimated at 115,000, the minimum amount based on$.10 per capita would be$11,500. Delta Airlines would provide three flights per day Monday-Friday and two flights per day on Saturday-Sunday to the Dallas/Fort Worth International Airport. If Delta Airlines does not generate $5.4 million in revenue in its first year of service, the revenue guarantee will make up the difference up to $975,000. After one full year of service, the Coalition will participate in an audit of Delta's records to determine whether or not any of the revenue guarantee must be paid. After the audit is complete, any funds remaining will be paid back to the contributors based on a pro rata share. A letter from the Southeast Texas Coalition for Air Service, LLC and additional information are attached for your review. BUDGETARY IMPACT The $15,000 payment would be paid out of the General Fund's fund balance. The fund balance is projected to be $7,160,000 at the end of Fiscal Year 2004. PREVIOUS ACTION The City Council approved a contract with the Beaumont Chamber of Commerce on December 16, 2003 in the amount of$55,000 related to a comprehensive range of activities and projects to create jobs in Beaumont. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. Southeast Texas Coalition for Air Service, LLC 1110 Park Street • Beaumont, TX 77704 • 409. 839.8930 • 1.877.FLY.SETX January 23, 2004 Mr. Kyle Hayes City Manager City of Beaumont PO Box 3827 Beaumont, TX 77611-0846 Dear Mr. Hayes: As a leader in Southeast Texas, we know you join us in recognizing the importance of having additional air service at Southeast Texas Regional Airport. For that reason, we are asking you to assist us in getting Delta Airlines to provide service to and from our airport, beginning on or about May 15. The airline industry has become much like other businesses locating into our communities in that they are requesting a form of an incentive. In this case, the incentive we propose is a "revenue guarantee" which will share in the risk of the first year with Delta as they provide jet service three flights daily to the Dallas/Fort Worth International Airport. We are asking each city and county in our region to assist us by investing a minimum of $30 per capita toward the letter of credit we must provide within the next 3 weeks. These funds, combined with other public and private funds, will enable us to move forward with signing the agreement with Delta Airlines. If direct connection to DFW is used at the level projected by our consultants, we will not have to use these funds; however, if usage is less than projected, pro rata amounts of the revenue guarantee will make up the difference up to $975,000. After one full year of service, we will participate in an audit of Delta's records to determine whether or not any of the revenue guarantee must be paid to the airline. If service is at the level projected, all or part of the funds will be available for return to those who make contributions. While we realize this is a complex matter, we are prepared to meet with your key officials to provide further details about this request. Since time is of essence, we ask that you allow us to be on the agenda at your next meeting. In the meantime, we are providing the attached information to help provide further insight about this request and the benefits we can all derive from partnering to bring this much-needed air service to Southeast Texas. We look forward to hearing from you within the next week. Please contact Barbara Knight at 899.1889 to schedule a time when we can meet with you. Sincerely, Jim Rich, President Verna Ruther+Psident Beaumont Chamber of Commerce Port Arthur Chamber of Commerce the straight facts about air service for Southeast Texas Why is an additional airline needed in Southeast Texas? • Most studies and experts list air service as a key to success for growth of a region. • Southeast Texas needs a second airline destination for economic development. • Overall air travel is back to the level prior to September 11, 2001. Experts predict air travel will grow 4% in 2004. • Untold sales tax dollars are lost each time a leisure or business visitor is unable or chooses not to fly directly to our airport through lost purchases of gas, hotel rooms, and car rentals. Air travel from our local airport is down by almost 60%. • A significant impact on local use will be realized with the addition of a second air carrier. Competition with options to major hubs will revitalize the Southeast Texas Regional Airport. • Almost 50%of the public and local business community presently drive to Houston airports taking economic dollars from the community. With only one air carrier, we are limited to one destination, have limited schedules, and noncompetitive prices. For economic development, nothing is as important as jet service—including IH-10, the river, the high bridge and the entertainment complex, because people must be able to fly here to use the wonderful things we have to offer:" C.L."Sonny"Sherman,local business leader What is being done to recruit an additional airline? • A regional coalition of concerned leaders, representing the business community and government, led a campaign to secure a$500,000 grant from the U.S. Department of Transportation to develop community interest in the Airport and attract additional air service. • A$1 million media campaign was pledged by area newspapers, billboard, television and radio stations to promote the Airport, its air carriers, and to encourage the public to fly from home. `i Based on sound business practices a comprehensive regional market study was conducted and served as the basis for our discussions with Delta Airlines." Aubrey Webb,Publisher of Hearst Publications • Delta Airlines remains cautious about entering the market but realizes our region fits into their strategy of expansion at the Dallas-Fort Worth International Airport. • Delta Airlines is seeking evidence of community support before it provides air service to Southeast Texas. • Delta Airlines expects Southeast Texas to share the risk through a"revenue guarantee." What is a '°revenue guarantee?" • A"revenue guarantee" is simply a partnership agreement between the community and Delta Airlines to share in the risk of providing air service to Southeast Texas. • Southeast Texas' portion of the"revenue guarantee" is capped at$975,000 and was negotiated based upon detailed discussions to insure competitive ticket pricing and reliability of scheduled flights. • Under the "revenue guarantee," Delta Airlines has agreed to begin service around May 1, absorb all costs including the startup for equipment and training, and provide three jets daily to Dallas-Fort Worth International Airport. • The "revenue guarantee" will only be used if our market study and Delta Airlines' internal projections are not met. • Actual accounting of revenues by Delta and local auditors will occur one year after service is initiated. This will provide an average quotient that will include both peak traveling times and slower periods. • Delta Airlines has expressed their strong intention to serve of Southeast Texas for the long term. " The "revenue guarantee" of$975,000 is a real deal for Southeast Texas. With the negotiations I was involved with while I was in Brownsville, the "revenue guarantee"with Delta was $2.6 million." Steve Fitzgibbons,City Manager,City of Port Arthur Where will funds come from for the needed "revenue guarantee?" • An amendment to the U.S. Department of Transportation grant will allow around $200,000 to be used towards the "revenue guarantee." • Regional governmental entities will be approached for their investment in the project based on a per capital formula. • Local businesses and individuals will also be approached to become partners in the "revenue guarantee." • The "revenue guarantee" will be administered by the trust department of Community Bank in an escrow account. • A pro-rated share of the unused funds not redeemed under the"revenue guarantee" will be returned to the investors at the end of the first year of operation. Now�, that you have the strai ht facts about air service for Southeast Texas, join the team toc, support So teast Texas Regional Air ­ YOUR Hometown Airport! For information on supporting this effort, please contact 409.839-8938 or 1-877-FLY-SETX. STATE OF TEXAS § COUNTY OF JEFFERSON § CONTRACT WHEREAS,on the 16`h day of December, 2003,the City of Beaumont(herein"City") entered into a contract with the Beaumont Chamber of Commerce (herein "Chamber") hiring the Chamber to engage in a comprehensive range of activities and projects to create jobs in Beaumont directed at economic development; and WHEREAS, the compensation for such contract was in the amount of$55,000; and WHEREAS, the City of Beaumont now desires to include within the Chamber's contract additional funds for a revenue guarantee in an attempt to attract Delta Airlines, Inc., to the Southeast Texas Regional Airport; NOW, THEREFORE, in furtherance of such event and in consideration of the mutual promises made herein by the Chamber and the City, the City and the Chamber agree as follows: 1. This document shall serve as an amendment to the contract heretofore executed on the 161h day of December, 2003, between the Chamber and the City. City hereby agrees to contribute $15,000 towards the effort to raise funds to support the revenue guarantee described herein. 2. City and Chamber hereby agree that if the regional effort to raise $975,000 for this effort fails, monies provided by the City of Beaumont for this effort less any expenses will be returned to the City of Beaumont on a pro rata basis. Additionally, Beaumont and Chamber agree that any monies remaining in this fund which have not been Page 1 GARMIMAGREEMENTSICHAMBER OF COMMERCE released by the escrow agent in accordance with the escrow agreement shall be returned to the City of Beaumont on a pro rata basis as provided in the escrow agreement currently existing between the Southeast Coalition forAir Service, L.L.C., and Community Bank and Trust, the escrow agent for this effort. 3. The Chamber and City hereby ratify and reaffirm all other provisions of its contract amended hereby dated the 16th day of December, 2003. CITY OF BEAUMONT By: Attest: Kyle Hayes, City Manager Rose Ann Jones, City Clerk CHAMBER OF COMMERCE By: Attest: Chairman of the Board Page 2 GARMMAGREEMENTSICHAMBER OF COMMERCE STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement, executed in duplicate, is made and entered into by and between the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting herein by and through its duly authorized City Manager, and the Beaumont Chamber of Commerce,a non-profit corporation, hereinafter called"Chamber", acting herein by and through its President. WHEREAS,the City believes that economic development is crucial to the continued economic success of City and believes that Chamber should be retained to carry out a program of work on behalf of City for the economic development of City; NOW,THEREFORE, in consideration of the mutual promises made herein,the City and the Chamber agree as follows: 1. City does hereby employ, engage and hire Chamberto engage in a comprehensive range of activities and projects to create jobs in Beaumont directed at economic development. The Chamber does hereby agree to accept such hiring, engagement and employment and to discharge such duties in accordance with the terms and conditions herein set forth. 2. Chamber is hired as an independent contractor and is not an agent of the City. G:ICGWGREEMEN\BMT CHAMBER OF COMMERCE FY04.wpd 3. Chamber agrees to engage in a comprehensive range of activities and projects to create jobs in Beaumont. Chamber's program will be directed toward four separate aspects of job growth: a) retaining existing jobs; b) creating new businesses; c) expanding existing businesses; and, d) attracting new employers. To achieve these goals, the Chamber will maintain a capable paid staff with necessary expertise; recruit and organize volunteer workers from the community; maintain contacts and relationships with primary economic development allies of both public and private offices; gather and publish necessary information and statistics for prospects; maintain and build relationships with management of existing businesses;and promote any other specific activities or projects which will contribute to an environment conducive to job growth. 4. City hereby agrees to pay to Chamber during the term of this agreement Fifty-Five Thousand Dollars($55,000). Payments of Thirteen-Thousand Seven-Hundred Fifty Dollars ($13,750)will be made upon receipt of invoice dated in January of 2004,April 1,2004,July 1, 2004 and October 1, 2004. Chamber agrees to expend in excess of One- Hundred - Thousand Dollars ($100,000) in other Chamber funds for the purposes outlined in paragraph 3 hereof. G:=%AGREEMEMBMT CHAMBER OF COMMERCE FY04.wpd 5. In conjunction with its annual audit, Chamber agrees to audit, on a review basis,the functional areas outlined in this agreement. Chamber agrees to provide City a copy of the report done by Chamber's certified public accountants on an annual basis. 6. The term of this agreement shall be from January 1, 2004 until December 31,2004. 7. Chamber agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of the Chamber, its officers, agents and employees, including the officers, agents and employees involved in economic development and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. Chamber shall carry,or cause to be carried, general public liability and automobile liability insurance on all operations embraced by this agreement in the amount of Five-Hundred Thousand Dollars ($500,000) for each occurrence and property damage liability insurance in the amount of Twenty-Five Thousand Dollars ($25,000) for each occurrence. Said liability policies shall include contractual liability coverage in the same amounts as stated herein. Said insurance policies shall name the City of Beaumont as an additional insured. Said policies or duplicate originals thereof shall be filed with the City Clerk, or her designated representative, before any operations contemplated by this agreement are begun. EXECUTED in duplicate originals this the I MTh day of J-),e cemLei- , 200 S . G:%CG%AGREEMENIBMT CHAMBER OF COMMERCE FY04.wpd CITY OF BEAUMONT By: / l [,,— 1 City Manager ATTEST: By: Gam. nvaoc�,,, a _000—C y `\l . -, h it CHAMBER OF COMMERCE �Am B y hairman of the Board ATTEST: By: /< -ex- G:\CG\AGREEMEN%BMT CHAMBER OF COMMERCE FY04.wpd r<$ 4 0 • January 2004 Airports are major players in the state economy Landing Money Most folks think'of that stay firmly grounded And those hundreds of airports simply as in the local economy. airports mean big money for Texas,adding nearly$41 bil- places to pass through on According to the pilots' lion annually to the state's the way to somewhere Web site AirNavcom,Texas else.But to manyTexas has more than 380 airports, ranging from small rural communities,airports are strips that cater to crop dust- And those hundreds a strong local presence, ers and weekend hunters to of airports mean the behemoth DFW Interna bringing major benefits tional Airport. bigmoneyfor Texas. economy,according to a June Jobs arriving on runway/three 2003 study commissioned by the Texas Department of Transportation(TxDOT). Texas airports are major contributors to t#ie s economy,accounting for nearly$41 billion Airports mean a. annual economic activity. ` business l Airports in Texas fall into economic contributions. ] atior`stSO three major categories:com- ' r mercial,military and general fi0tal aviation.Commercial airports " y70fl Economic impact offer regularly scheduled airline flights.Texas has 26 Commercial Servifl $34.87 billion airports offering some form General Aviatio � i wj`" 5.89 billion of commercial service,in or near virtually all of the state's Totals t " � Ciil $4d6 billion metropolitan areas. 3 i Most of the state's alr- '} ' x ports,however,fall into SOURCE Texas D too Amafio[s epar sn nt - Continued on page 70 Landing Big Money continued from page 1 the general aviation category, General aviation accounts felt the impact of the slow which essentially covers all for a s'tnaller but still important economy of the past couple of flying other than regularly slice of the state economy,sup- years and the travel slump that scheduled flights and military porting 33,022 jobs directly in began after the September 11, operations.Such airports serve 2001 and another 23,532 jobs 2001 terrorist attacks. private planes and corporate indirectly.Those positions pro- "The economy is definitely aircraft as well as a variety of duced a total payroll of nearly the biggest factor in our con- related businesses. $1.9 billion and a total eco- tinued financial health,"said Both commercial and general nomic•output of$5.9 billion. Halbrook."Travel is still fairly airports create jobs directly In all,TxDOT's study indicates flat,and the airport covers its associated with their opera- that airports support more than own operating costs through tions as well as other jobs and 700,000 Texas jobs and$40.8 bil- revenue produced by travel. spending linked to commerce lion in annual economic activity. Any profit made over that is and tourism.Commercial air- put into a capital fund to build ports,for instance,create jobs Economy and security out the airport.When we can't for pilots,flight attendants, The state's newest major put money into that account,it air traffic controllers,baggage commercial airport is Austin- affects our ability to expand." Commercial air handlers and caterers,but also Bergstrom International Air- New work is under way at the support hotels and motels,car port.The city of Austin created airport,however,in response to service directly rental firms,restaurants and Austin-Bergstrom on the site of federal security requirements. orted 438 435 retail businesses.General avia- a former Air Force base,in the "The big machines for scan- SO pp tion airports support charter largest construction project in ning checked baggage had to Texas jobs in 2001. flight companies,flight schools, the capital city's history.The make it into the airport by last cargo operations,crop dusting airport,which opened in 1999, December 31 by federal man- services and other businesses. sees about seven million pas- date,"said Halbrook."These TxDOT's June 2003 study sengers annually and serves machines are about the size examined the economic impact both commercial and general of a Ford Expedition.There in the state of both commercial aviation,with spaces for about are six of them in the ticket and general aviation.TxDOT 170 small aircraft.TxDOT es- lobby,and as you can imagine, estimates that commercial timates the airport supports it makes for a more congested air service directly supported about 35,700 jobs in the greater and less attractive space. 438,435 Texas jobs in 2001,and Austin area,contributing nearly "This summer,the federal indirectly supported another $1.9 billion in annual economic government announced that we 205,287,generating$14.4 billion activity. would receive a$12.3 million in payrolls and a total economic According to Jim Halbrook grant to cover 75 percent of impact of nearly$34.9 billion of the city of Austin's Aviation the cost of getting these ma- for the year. Department,Austin-Bergstrom chines in line with our baggage conveyor system.That project should go into design phase in spring 2004." r i f � � . ' ° ` ". �s Coming back strong '' az Jointly owned by,and located `Airports bang thotl�ands of jobs ancl�b►Ilions ""'� , of dollars to cities and towns across Texas. The between,the cities of Dallas 10 largest support more than 630,000 jobs and and Fort Worth,DFW Interna- tional Airport is by far the larg- est more than$34 billion to the state's economy. and busiest Texas airport, Total annual supporting some 268,500 jobs economic impact and generating nearly$14.3 bil- Cities Commercial airport Jobs generated (in millions) lion in annual economic activ Fort Worth Dallas/Fort Worth International 268,527 $14,268 ity.DFW serves some 54 million Housto passengers a year and offers Houston George Bush Intercontinental 166,178 $8,873 nearly 2,000 scheduled flights A 4 San Antonio San Antonio International 47,291 $3,078 each day. Houston William P.Hobby 45,441 $2,718 Dallas Dallas Love Field 37,138 $2,045 "After 9/11,we took an v Austin Austin-Bergstrom International 35,722 $1,864 hit,but we've come back strong,"said Ken Capps, El Paso El Paso International 16,421 $760 Lubbock Lubbock International 6,139 $337 airport's vice-presidentf Amarillo Amarillo International 5,245 $319 public affairs."DFW is:. Midland Midland International 4,788 $264 world's third-busiest A SOURCE:Texas Department of Transportation. and continues t0 business. 10 FISCALN *. "We're right in the middle of a ously operated general aviation "We've seen a large increase $2.6 billion capital development airport.TxDOT estimates that in business travel because of program that includes a new in- Stinson supports 429 jobs and the ease[we offer]of getting to ternational terminal and a Sky- supplies the area with nearly the Houston metropolitan area Link people mover system.It's $26 million in annual economic and also because of our facili- the largest construction project benefits. ties,"said Savko."We have an in Texas right now." "Our flight operations have 8,000-foot runway and state-of- Like Austin-Bergstrom,DFW been on the upturn for the last the-art radar.We're putting in is working to accommodate five years,"said Tim O'Krongley, about$25 million worth of im- the large screening devices re- the airport's manager."We have provements over the next three cently required by the federal a waiting list for basing aircraft years,including a new terminal, government. and for businesses that want to a$5 million facility." "We're installing a$195 mil- locate at the airfield. lion inline baggage screening "We're a 100 percent occu- An inland port system for all of our terminals," pied facility now.Anybody who Owned by the city of Fort said Capps."We'll go back to comes on to the facility has to Worth and managed by a private the good old days,when pas- do it through new construction. firm,Alliance Airport anchors sengers could just drop their We have flight schools,a cafe a 15,000-acre"inland port"that bags at the ticket counter and operator,car rentals,airplane has become a major distribu- forget about them." mechanics,interior shops and tion center for national and Capps said DFW is positioned instrument shops for the air- international trade.The airport well for the future. planes.The corporate aviation serves as the southwest region- The corporate "The fundamentals that made world has done really well since al hub for Federal Express flight DFW successful remain the 9/11,and fractional ownership operations and hosts American aviation world same,"said Capps."We've got has grown phenomenally.We're Airlines'wide-body jet mainte- has done really a low-cost operating structure seeing the benefit of that—we nance base.Alliance also serves and a great central geographical get a lot more jets in here now. corporate and other general well since 9111, location,and we have 18,000 And our flight training has really aviation aircraft. (�/�(�f j'(�ctlonal acres of land for expansion. gone through the roof. "Alliance is more than just an We're seeing an uptick in air "We're getting ready to do an airport,it's a master-planned ownership travel now,and there's a chance expansion of the terminal build- industrial development with an that,within the next five to 10 ing itself,which will bring in a airport as its centerpiece,"said has grown years,we'll be the busiest air- two-year,aviation-related col- 'Iln Ward,president of Alliance port in the world. lege,"said O'Krongley."We're Air Services and Alliance Avia- phenomenally. "Right now,international car- going to extend the runway to tion Services. go is booming for us,especially attract more corporate flights. With 125 companies,22.5 mil- from the Pacific rim.We see a The new Toyota plant here is lion square feet of developed lot of cargo being shipped from only about three miles from space and associated trade the Asian Pacific to DFW,and the airport,and we expect in- and residential development, then to Mexico and elsewhere creased corporate activity from AllianceTexas has become a in Latin America.It's been a that." significant employer.TxDOT pleasant story for us,particu- estimates that Alliance supports larly in view of the softness in Business travel boom nearly 8,300 jobs and generates passenger travel." Sugar Land Regional Airport, $744.8 million annually in the southwest of Houston,is a North Texas economy.Allian- 100 percent occupied popular base for corporate air- ceTexas companies paid$54.9 The positive outlook is not craft serving area businesses. million in property taxes to area confined to commercial air- The city of Sugar Land owns local governments in 2002.And ports.Municipal airports also and operates the airport on a business is good. report that business is good, self-supporting basis,with an "Over the last three to six saying they've benefited from annual budget of about$6 to$7 months,we're seeing a resur- increased use of company- million.TxDOT estimates that gence in activity,"said Ward. owned and chartered aircraft Sugar Land Regional supports "We're expanding our cargo following September 11,2001. 291 area jobs and generates operations.We're building a$6 Fractional ownership,es- about$25.1 million in economic million cargo apron and taxi- sentially a"time-share"ar- activity each year. way,and we're about to under- rangement by which multiple "We have about 25 corporate take the development of a new companies own and operate a aircraft based here,and about 120,000-square-foot cargo facil- business aircraft,has exploded 120,000 takeoffs and landings ity.We've also got a$132 million in popularity.The improving annually,"said aviation director runway extension program that economy also is prompting new Phillip W.Savko."Our airport we're moving forward with. growth. has actually done pretty well We'll probably start construc- Stinson Municipal Airport, [through the business down- tion on that right after the first located a few minutes south of turn].In the last four years, of the year."-V downtown San Antonio,is the we've seen about a 30 percent nation's second-oldest continu- growth in revenues. Bruce Wright FISCAL NOTES,January 2004 11 Southeast Texans for Air Service, LLP Instructions for contributing to Escrow Account With Community Bank and Trust, ssb as Escrow Agent Checks should be made payable to: Community Bank and Trust as Escrow Agent Please reference: Southeast Texans for Air Service, LLP Escrow Account#008042 Other documents to return to Community Bank and Trust with check: Executed copy of Escrow Agreement Completed Form W-9 verifying taxpayer identification number Documents and checks should be delivered or mailed to: Community Bank and Trust Attn.: Trust Department 3535 Calder Beaumont, Texas 77706 Questions? Please call Heather Mouton with the Trust Department at Community Bank and Trust at 409-981-8041 or email questions to lastanton @cbtmail.net THE SOUTHEAST TEXAS COALITION FOR AIR SERVICE, LLC 1110 Park Street-Beaumont, TX 77704 409.839.8930 • 1.877.FLY.SETX In consideration of the undersigned individuals/entity's desire that The Southeast Texas Coalition for Air Service, LLC have adequate funds to establish a letter of credit for a "revenue guarantee" to attract Delta Airlines, Inc. to the Southeast Texas Regional Airport, it is agreed that the following commitments have been made by the undersigned. Each entity/individual who pledges funds towards the campaign to raise the "revenue guarantee" must deposit their pledge amount into The Southeast Texas Coalition for Air Service, LLC account at Community Bank by February 10, 2004. Total payment has been made of $ Total payment of$ will be deposited by In the event that any or all of the "revenue guarantee" is not required after a year of air service as determined by audited reports of airline records, unused funds will be returned to those who pledged to the campaign according to a pro-rata formula in accordance with an Escrow Agreement entered into between The Southeast Texas Coalition for Air Service, L.L.0 and Community Bank and Trust, SSB. The undersigned acknowledges receipt of a copy of the Escrow Agreement. The undersigned acknowledges that the funds it has contributed herein are used to secure a Letter of Credit which collateralizes the "revenue guaranty". No representation has been made to the undersigned that the funds the undersigned has contributed will even be returned. The undersigned acknowledges and understands all of its contribution may all be used to secure the Letter of Credit and the possibility exists none of it will ever be returned to the undersigned. The undersigned understands and acknowledges that if the Revenue Guaranty Agreement is not implemented that its funds contributed will be refunded„ less a pro rata share for expenses as set out in the Escrow Agreement. Signature: Date: Address: Telephone: Please return this form with your contribution to Community Bank and Trust: ATTN: Trust Department, 3535 Calder, Beaumont, Texas 77706. ESCROW AGREEMENT This Escrow Agreement (the "Agreement") is made and entered into as of the 26th day of January, 2004, by and between The Southeast Texas Coalition for Air Service, L.L.C. (the "Company"), and Community Bank and Trust, SSB, a state savings bank (the "Escrow Agent"). I. RECITALS A. The Company proposes to raise funds from private and/or governmental and quasi-governmental agency contributions to secure the payment of a letter of credit in obligation of a Revenue Guaranty Agreement between Company and Delta Air Lines, Inc. dated January 24, 2004. Community Bank and Trust , SSB, will have a lien on such funds to secure the Letter of Credit. Escrow Agent may release all or part of such funds upon demand by Community Bank and Trust (who will make a demand if it is required to honor all or part of the Letter of Credit). B. Each contributor, (collectively, the "Contributors"), will be required to execute a receipt confirming the amount of funds contributed and acknowledging the terms of this Escrow Agreement. C. The Company desires the Escrow Agent hold all contributions in escrow until: (i) the total contributions are greater than, or equal to $975,000.00, and the Escrow Agent receives written instructions from a majority of the managers of the Company, in accordance with Section 5 hereunder, directing the release of the escrowed funds to be used as a pledge or other form of collateral to obtain the Letter of Credit necessary to fulfill the Company's obligations under the Revenue Guaranty Agreement dated January 26, 2004; "Majority" as used in this Agreement shall mean. three (3) or more managers of the Company. In the event the Company does not receive the $975,000.00 by February 28, 2004, the Escrow Agreement shall terminate and all contributions received by Escrow Agent shall be refunded to the contributors in accordance with Section 2. or, (ii) Expiration of Letter of Credit. 1 D. The Escrow Agent is willing to accept the appointment as Escrow Agent for the Company for only the express duties, terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Company and the Escrow Agent hereby agree, for the benefit of the Company and Contributors, as follows: 1. Escrow Agent. The Company hereby appoints the Escrow Agent and the Escrow Agent hereby agrees to act as the Escrow Agent for the Company upon the terms and conditions provided in this Agreement. 2. Deposit of the Escrow Funds Promptly following the receipt of each Contributor's contribution, the Company shall deposit the contributed funds into escrow with the Escrow Agent. During the term of the Agreement, the Company will cause all contributions to be made by check payable to Community Bank and Trust, SSB as Escrow Agent. A contribution shall not be deemed to be deposited in the Escrow Account unless or until the check therefore has cleared through all banking channels and has been paid by the bank on which it was drawn and the full amount of the contribution has been received by the Escrow Agent. Once such contribution shall be deemed to be on deposit in the Escrow Account, it shall be referred to hereunder as Collected Funds. In the event that any check issued by a Contributor to the Company is returned without payment because of insufficient funds, or such other reason, the Escrow Agent shall promptly provide written notice to the Company of such event and shall await further instructions from a majority of the members of the Company before taking any further action with respect to such Contribution. In the event that any checks deposited in the Escrow Account prove uncollectable after the funds represented thereby have been released by the Escrow Agent to the Company, then the Company shall promptly reimburse the Escrow Agent for any and all costs incurred for such, upon request, and the Escrow Agent shall deliver the returned checks to the Company. 3. Identification of Contributors. The Company shall furnish the Escrow Agent with the delivery of each contribution as provided in Section 2 hereof, a list of the persons who have contributed money showing the name, address, social security or tax identification number and the amount of money contributed. All contributions that are deposited shall be the property of the Company, subject to refund of the contribution and shall not be subject to any liens or charges of the Company or the Escrow Agent, or judgments or creditors' claims against the Company, until release to the Company as hereinafter provided. Escrow Agent shall not use the information 2 provided by the Company hereunder for any purpose other than to fulfill its obligations as Escrow Agent. 4. Investment of Escrow Funds. The Escrow Agent shall invest the funds in accordance with Section 2 hereof, (the "Escrow Funds") for the sole benefit of the Company in Federated Government Obligations Fund or similar money market funds that invests solely in obligations of the United States Government or its agencies. Any such investment may be sold by the Escrow Agent at any time , but until so sold shall be subject to all of the provisions of this Agreement relating to the Escrow Funds. All interest earned on the investment funds shall be reinvested and held pursuant to this Agreement and distributed in accordance with Section 5 hereof. 5. Disposing of Escrow Funds The Escrow Agent shall make disposition of the Escrow Funds as follows: (a). If the total contributions received are less than $975,000.00 on February 28, 2004, upon receipt of a written request from a Contributor, the Escrow Agent shall release to the Contributor his/her contributed funds plus any income on such funds less the Contributor's per capita share of the fees and expenses incurred in the formation of the Company. Payments of fees or expenses owed to third parties shall be made by Escrow Agent upon written requisition executed by a majority of the Managers of the Company. The requisition shall include the name, address, and Tax Identification Number of the person to whom the payment shall be mailed. (b). If the total contributions received are greater than or equal to $975,000.00, and a majority of the members of the Company certify to the Escrow Agent that the funds that have been pledged as security for the Letter of Credit which secures the Revenue Guaranty Agreement. The Escrow Agent may release the funds upon presentation of a demand from the issuer of the Letter of Credit. Any funds not paid to the issuer of the Letter of Credit shall be returned to the Contributors on a pro- rata basis. 6. Term of Escrow. Termination date of this Agreement shall be the later of July 1, 2005; or the date that all Escrow Funds are disposed of pursuant to Section 5 herein above. On July 1, 2005, if this Escrow Agreement has not otherwise terminated, and the issuer of the Letter of Credit has released its lien on the fund it shall automatically terminate and the Escrow Agent shall distribute the remaining escrowed funds to the Contributors on a pro rata basis after deducting each Contributor's per capita share of the fees, expenses and costs set forth in Section 5(a). 3 7. Fees of Escrow Agent. The Company agrees that as consideration for the Escrow Agent's providing those duties and services contemplated hereunder, the Escrow Agent shall be entitled to reimbursements for all proper out-of-pocket expenses reasonably incurred by the Escrow Agent in connection with the performance of such duties and service hereunder. The cost of all such reimbursements shall be borne by the Company and may be deducted by the Escrow Agent from the Escrow Funds. Escrow Agent has agreed to waive any other fees for performance of its duties hereunder. 8. Responsibilities of Escrow Agent. The acceptance by the Escrow Agent of its duties under this Agreement is subject to the following terms and conditions, which the parties to this Agreement hereby agree shall govern and control with respect to the rights, duties, liabilities and immunities of the Escrow Agent: (i) The Escrow Agent shall act hereunder as depository only. The sole duty of the Escrow Agent, other than as herein specified shall be to receive said funds and hold them subject to release in accordance with the terms of this Agreement, and the Escrow Agent shall be under no duty to determine whether the members of the Company are complying with the requirements of this Agreement in tendering to the Escrow Agent said contributions. The Escrow Agent is not responsible for or liable in any manner whatever for the sufficiency, correctness, genuineness, and validity of any security, document, or other item, which is a part of the Escrow Deposit or for any claim or action by any person, firm, corporation or trustee concerning the right or power of any depositor to make any transfer or the validity of the transfer of any part of the escrow deposit to the Escrow Agent; (ii) The Escrow Agent may conclusively rely on and shall be protected in acting upon any written notice, request, waiver, consent, receipt or other paper or document to it, not only as to its due execution and the validity and effectiveness of its provisions but also as to the truth and acceptability of any further therein contained, which it in good faith believes to be genuine and what it purports to be; (iii) The Escrow Agent shall not be liable for any errors of judgment, or for any act done or step taken or omitted by it in good faith, or for any mistake of fact or law, or for anything which it may do or refrain from doing in connection herewith, except its own gross negligence or willful misconduct; (iv) The Escrow Agent may at any time resign hereunder by giving written notice of its resignation to the other parties hereto at their addresses set forth in Section 10 below at least ten (10) days prior to the date specified for such resignation to take effect and, upon such effective date of such resignation, all property then held by the Escrow Agent hereunder shall be delivered by it to such person as 4 may be designated in writing signed by the Company, whereupon all of the Escrow Agent's obligations hereunder shall cease and terminate except that to the Escrow Agent hereunder shall nevertheless cease and terminate. If no such successor Escrow Agent is named by such date of resignation, the Escrow Agent may apply to a court of competent jurisdiction for appointment of a successor Escrow Agent; (v) The Escrow Agent shall make payment to or for, or deliver documents to, any party if in its judgment such payment or delivery may be made under the terms of this Agreement without its incurring liability. If conflicting demands not expressly provided for in this Agreement are made or notices served upon the Escrow Agent with respect to its action or omission under this Agreement, the parties hereto agree that the Escrow Agent shall have the absolute right to elect to do either or both of the following: (i) withhold and stop all future actions or omissions on its part under this Agreement, or (ii) file a suit in Interpleader or for instructions or for a declaratory judgment for other relief and obtain an order from the proper court requiring the parties to litigate in such court their conflicting claims and demands. In the event any such action is taken, the Escrow Agent shall be fully released and discharged from all obligations to perform any duties or obligations imposed upon it by this Agreement unless and until otherwise ordered by the Court; and the Company, jointly and severally, agrees that it will pay all costs, expenses and reasonable attorney's fees expended or incurred by the Escrow Agent in connection therewith and promises to pay all such amounts and agrees that the costs in fact incurred shall be fixed by the Escrow Agent and a judgment thereof shall be rendered by the Court in such suit; (vi) The Escrow Agent is not a party to and is not bound by any agreement between any one or more of the parties, hereto, except this Agreement, unless otherwise expressly stated herein the Letter of Credit; and (vii) The duties of the Escrow Agent hereunder are only such as are herein specifically provided, being purely ministerial in nature, and it shall have no responsibility in respect of any of the cash, property or items ("Escrow Deposit") deposited with it other than faithfully to follow the instructions herein contained. 9. Indemnification. The Escrow Agent shall be indemnified and held harmless by the Company from and against any liabilities, damages, costs and expenses (including reasonable attorney's fees) suffered or incurred by the Escrow Agent by reason of any action, proceeding, or claim instituted against it in connection with the performance of its services hereunder, unless such action, proceeding or claim is based upon the Escrow Agent's willful misconduct or gross negligence. 10. Notices. Except as otherwise provided in the Agreement, notices and other communications under this Agreement shall be in writing (including a writing delivered by facsimile transmission) and shall be deemed to have been duly given if 5 delivered personally, or sent by either certified registered mail, return receipt requested, postage prepaid, or by overnight courier guaranteeing next day delivery, or by facsimile addressed to the Registered Agent of the Company 1110 Park Street, Beaumont, Texas 77704 or addressed to Escrow Agent at Community Bank and Trust, S.S.B., Attention: Corporate Trust Department, 3535 Calder, Beaumont, Texas 77706 (facsimile (409) 981-8081). Each party hereto, by written notice given to the other party hereto in accordance with this Section 10 may change the address to which such notice or other notice or other communications are to be sent to such party. All such notices and communications shall be deemed to have been received on the date of delivery thereof, if delivered by hand, on the fifth day after the mailing thereof, if mailed, on the next day after the sending thereof, if by overnight courier and when receipt is acknowledged, if faxed. 11. Miscellaneous. (i) Applicable Law. THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO THE CONFLICTS OF LAW PRINCIPLES THEREOF. (ii) Jurisdiction and Venue. Any judicial proceedings brought by or against any party on any dispute arising out of this Agreement or any matter related thereto shall be brought in the state or federal courts of Jefferson County, Texas, and, by execution and delivery of the Agreement, each of the parties accepts for itself the exclusive jurisdiction and venue of the aforesaid courts as trial courts, and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement after exhaustion of all appeals taken (or by the appropriate appellate court if such appellate court renders judgment). (iii) Descriptive Headings. Language Interpretation. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a part of this Agreement. In the interpretation of this Agreement, unless the context otherwise requires, (a) words importing the singular shall be deemed to import the plural and vice versa (b) words denoting gender shall include all genders, and (c) references to parties, articles, sections, schedules, paragraphs and exhibits of and to this Agreement. (iv) Integration. This Agreement and the documents referred to herein or delivered pursuant hereto which form a part hereof contain the entire understanding of the parties with respect to the subject hereof. There are no restrictions, agreements, promises, representations, warranties, covenants or undertakings with respect to the subject matter hereof other than those expressly set forth or referred to herein. This Agreement supercedes all prior agreements and understandings between the parties with respect to the subject matter hereof. 6 (v) Amendments. This Agreement may be modified or amended only by an agreement in writing signed by a majority of the members of the Company and an authorized officer of the Escrow Agent. (vi) Severability. Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction. Furthermore, in lieu of such invalid or unenforceable provisions there shall be added automatically as a part of this Agreement as a provision as similar in terms to such invalid or unenforceable provision as may be possible and be legal, valid and enforceable. (vii) Successor and Assigns. All covenants and agreements contained in this Agreement by or on behalf of the parties hereto will bind and inure the benefit of the respective successors and assigns of such parties whether so expressed or not. (viii) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument, and it shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date set for above. THE COMPANY: T EASq TEXAS C LITTON IR SERVICE, L.L.C.: By: James E. Rich A Manager THE ESCROW AGENT: COMMUNITY BANK AND TRUST, S.S.B. By: - — Printed Na e Title % f ��«-.''mot 'S►—c2�..3?- t►�z�_ 7 8 February 3, 2004 Consider approving a bid for stabilizing the foundation of Fire Station No. 1 City of Beaumont M OL rr� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 27, 2004 REQUESTED ACTION: Council approval to award a bid for stabilizing the foundation of Fire Station No. 1. RECOMMENDATION Administration recommends award of a bid for foundation stabilization of Fire Station No. 1 in the amount of$41,144 to Eagle-Pro Engineering, Inc. BACKGROUND The bid requires the awarded vendor to perform the excavation,drilling and placement of twenty-one (2 1)concrete piers and five(S)helical steel piers beneath the foundation of the fire station. This will arrest settlement of the foundation at its current state (no lifting of the existing slab will be performed), and should forestall further structural damage. Bid notices were provided to fourteen (14) vendors, with only Eagle-Pro Engineering, Inc. responding with a bid. Completion time is 60 calendar days,with work anticipated to commence by mid-February. BUDGETARY IMPACT Funds are available for this expenditure in the Central Services Building Services operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Fire Chief. CITY OF BEAUMONT BUILDING SERVICES DIVISION 17� DIVISION 14. U N z A 0 F1 an uj LEGEND ISM FOR 14/411 0 New Repair at/a/0" Footing COLLEGE STREET ROME Km 11/10/9" 16/44 U om WOW 0 Existing Drill --Wpwn-by Footing PROECT ft Existing 18' dia. 0 Repair Footing FOUNDATION PLAN Wr 15 9501 0 New Helix Pier 9 February 3, 2004 Consider approving a bid for the purchase of approximately 22,000 feet of PVC pipe City of Beaumont CIE. Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 27, 2004 REQUESTED ACTION: Council approval to award a bid for the purchase of approximately 22,000 feet of PVC pipe. RECOMMENDATION Administration recommends award of a bid for the purchase of approximately 22,000 feet of PVC pipe in the amount of$67,238 to Coburn Supply. BACKGROUND The Public Works Department, Water Utilities Division, is in the midst of a five (5) year capital improvement program which includes the replacement of deteriorated water lines currently causing frequent service interruptions in various areas of the city. The pipe specified in this bid incorporates a patented locking-type joint necessary for the pipe bursting method of water line replacement utilized by City personnel. The pipe was requested in two, four, six and eight-inch diameters, the most prevalent sizes for water lines in the City system. This quantity will provide the Water Division with a sufficient volume of pipe to sustain several months of water line replacement. Bid notices were provided to six (6) vendors, with four (4) responding with bids. The bids received were as follow: Vendor Delivery Time Total Bid Amount Coburn Supply 2 weeks $67,238 Beaumont, Texas Purchase of 22,000 Feet of PVC Pipe January 27, 2004 Page 2 Vendor Delivery Time :Total iBid Amount Golden Triangle Pipe and Water 7-10 days $67,600 Beaumont, Texas Rural Pipe and Supply 1-3 weeks $67,720 Jasper, Texas ACT Pipe 5-7 days $68,394 Houston, Texas BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. 10 February 3, 2004 Consider approving a one (1)year contract for the purchase of ready mix concrete U7ECity o f Beaumont ads Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 27, 2004 REQUESTED ACTION: Council approval of a one(1)year contract for the purchase of ready mix concrete. RECOMMENDATION Administration recommends award of a one (1) year contract for purchasing ready mix concrete to Transit Mix Concrete and Materials of Beaumont. The estimated total expenditure for the contract period is $61,600. BACKGROUND The contract specifies that the successful bidder shall provide approximately 1,300 cubic yards of ready mix concrete at fixed unit costs for one (1) year from the date of award. The material will be used by both the Water Utilities and Streets and Drainage Divisions of the Public Works Department. Pricing was requested for both delivery to job site, with subsequent additional charges per occurrence for deliveries of less than 5 cubic yards, and for City pickup of ready mix material at the plant site. Depending upon the application, the divisions may need a different texture concrete than the 3,000 PSI with 1" aggregate specified in the bid. Bidders have included an addition or deduction amount per sack for finer or coarser concrete, respectively. The previous contract price was $51.75 per cubic yard for delivery to job site, with additional charges of$20 for partial load deliveries of 1/4 to 2 cubic yards and $10 for partial load deliveries of 2-1/4 to 4-3/4 cubic yards; and $44.75 per cubic yard for City pickup at plant site. Five (5) vendors were notified with three (3) submitting bids as reflected in the attached bid Annual Contract for Ready Mix Concrete January 27, 2004 Page 2 tabulation. BUDGETARY IMPACT The unit costs proposed for award areas follow: $46.00 per cubic yard for delivery to job site, with additional charges of $30 for partial load deliveries of 1/4 to 2 cubic yards and $20 for partial load deliveries of 2-1/4 to 4-3/4 cubic yards; and $40.00 per cubic yard for City pickup at plant site. Funds are available for this expenditure in the divisions' operating budgets. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECONVEUENDED BY City Manager, Central Services Director, and Public Works Director. Annual Contract for Ready Mix Concrete January 27, 2004 Page 3 Vendor Transit Mir Concrete Few Ready Mix (�ualit Concrrete Beaumont, TV Beaumont, 'TX Beaumont, IX 3,000 PSI-jobsite delivery $46.00/cu. yd. $51.75/cu. yd. $54.00/cu. yd. Add/deductper sack $3.00/sack $2.00/sack $4.00/sack Delivery charge- 1/4 to 2 cu.yd.load, $30.00 $20.00 $30.00 per occurrence Delivery charge-2-1/4 to 4-3/4 cu. $20.00 $10.00 $30.00 yd.load,per occurrence 3,000 PSI-pickup at plant $40.00/cu. yd. $44.75/cu. yd $42.00/cu. yd. Total Bid Amount $61,600 $66,575 lira City of Beaumont REGULAR MEETING OF THE CITE' COUNCIL COUNCIL CHAMBERS FEBRUARY 3, 2004 1®30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Walter Crook would be reappointed to the Martin Luther King Parkway, Jr. Commission The current term would expire December 17, 2005. (Councilmember Nancy Beaulieu) Pauline Mouton would be appointed to the Martin Luther King Parkway, Jr. Commission. The term would commence February 3, 2004 and expire February 2, 2006. (Mayor Evelyn M. Lord) A) Approve a one year (1) year contract for the purchase of tower rock B) Approve a six (6) month contract for the purchase of sodium hydroxide C) Approve a bid for electrical improvements to the Loeb No. 1 Well Site D) Approve a resolution authorizing the acceptance of two (2) ten foot (10') wide Sanitary Sewer Easements along Fannett Road to serve the Postal Worker Union E) Approve a resolution authorizing the acceptance from the Nichols Development Company of a Deed of Gift, conveying a thirty foot (30') wide strip of land along the south side of Dishman Road A City of Beaumont M ML Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 27, 2004 REQUESTED ACTION: Council approval of a one (1) year contract for the purchase of tower rock. RECOMMENDATION Administration recommends award of an annual contract to Martin Marietta Aggregates of Beaumont for purchasing tower rock at the unit cost of $18.50 per ton, with an estimated total annual expenditure of$46,250. BACKGROUND Bids were requested for an annual contract to purchase No. 8 tower rock (eight denoting size of material) for use by the Public Works Department, Streets and Drainage Division. Tower rock is a limestone-based aggregate, approximately 3/8" to 1/z"in diameter, used for street patching and pothole repair. The aggregate is used in the Streets and Drainage Division's road patching machine. The rock is placed in the machine's hopper and coated with asphalt. The street patching machine then injects the coated aggregate into a pothole to create a sealed and smooth driving surface. It is estimated that approximately 2,500 tons of tower rock will be used during the term of the contract. Five (5) vendors were notified with only Martin Marietta responding with a bid. The previous contract price was $15.00 per ton. BUDGETARY IMPACT Funds are available for this expenditure in the Public Works Department's operating budget. Contract for Purchase of Tower Rock January 27, 2004 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Public Works Director. B City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 27, 2004 REQUESTED ACTION: Council approval of a six (6) month contract for the purchase of sodium hydroxide. RECOMMENDATION Administration recommends award of a six(6) month contract to Univar USA of Houston, Texas, for purchasing sodium hydroxide at the unit cost of $135 per dry ton with an estimated total contract expenditure of$40,500. BACKGROUND Bids were requested for a six (6) month contract for sodium hydroxide for use by the Public Works Department, Water Utilities Division in the water production process. Six(6) months is the longest period for which vendors will provide firm pricing due to the historical price volatility of sodium hydroxide. Sodium hydroxide is a by-product of the production of chlorine, with market prices dictated by chlorine manufacturers based on the prevailing cost of production. Bid notices were provided to 38 vendors with nine (9) responding with bids as reflected below. All bidders met required product certifications. Vendor Manufacturer beliveryTime Unit Cost/Dry Ton Univar USA Occidental 3-5 days $135.00 Houston, TX Harcros Chemicals Occidental 2 days $158.00 Pasadena, Texas Skyhawk Chemicals Bayer 2 days $168.75 Houston, Texas Six(6)Month Contract for Sodium Hydroxide January 27, 2004 Page 2 Vendor Manufacturer Delivery Time Unit Cost/Dry Tan Bates Chemical Old World Industries 1-2 days $173.00 Crosby, Texas Altivia Altivia 2-3 days $174.90 Houston, Texas Basic Chemical Solutions, LLC Formosa 1-3 days $184.77 Morrisville, Pennsylvania FSTI Bayer, Dow, Formosa 1 day $185.00 Manor, Texas DX Distributors Inc. Dow, Formosa 2 days $194.00 Houston, Texas Bigler Trading Company Mitsubishi 1-2 days $230.00 Houston, Texas The prior contract period cost for sodium hydroxide was $230 per dry ton from Univar USA. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Public Works Director. . City o f Beaumont qw_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 27, 2004 REQUESTED ACTION: Council approval to award a bid for electrical improvements to the Loeb No. 1 Well Site. RECOMMENDATION Administration recommends award of a bid for electrical improvements to the Loeb No. 1 Well Site in the amount of$33,400 to Gulf Coast Electric Co., Inc. BACKGROUND The primary improvements specified in the bid are the installation of a load break switch, pad mount transformer, circuit breaker, and associate conduit as necessary. These improvements are needed to provide electrical power to the new chlorine building under construction at the site. Bid notices were provided to nine (9) vendors, with two (2) responding with bids. The bids received are as follow: ............................... Vendor Completion Time Total Bid Amount Gulf Coast Electric Co., Inc. 90 calendar days $33,400 Beaumont, TX Allied Electrical Contractors 120 calendar days $41,141 Beaumont, TX BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Fund. Electrical Improvements to Loeb No. 1 Well Site January 27, 2004 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. D P.. City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 26, 2004 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) ten foot (10') wide Sanitary Sewer Easements along Fannett Road to serve the Postal Worker Union. RECOMMENDATION The property owners listed below have agreed to convey the following sanitary sewer easements to the City of Beaumont: 1. One (1) ten foot (10') wide Sanitary Sewer Easement - 0.119 acre tract out of the J. W. Bullock Survey and located along the north side of Fannett Road between US 69, 96, 287 and 11"' Street Owner: Paradise Missionary Baptist Church 2. One (1) ten foot (10') wide Sanitary Sewer Easement - 0.0315 acre tract out of the J. W. Bullock Survey and located along the north side of Fannett Road between US 69, 96, 287 and 11`h Street Owner: Beaumont Sectional Center Area Local of the American Postal Workers Union, AFL-CIO Administration recommends acceptance of the easements. BACKGROUND The easements are to be used to provide sewer service to the Postal Workers Union. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. Engpostal_easement-ib.wpd January 26,2004 SUBJECT 10' SANITARY SEWER EASEMENTS o PARISH V� -ii PROCTO WAVERL w n PIERRE w WE MOREL ° < DIREC IMPS❑ n ° ST. JA Q OUT OF TORS cal SIMON F� w GLENW ❑ J.W. BULLOCK SURVEY W EDMQN ABSTRACT 7 W �`P��"d '1 N Q W SP w r¢- " ? LMIRA 287 T ca (FANNETT ROAD) 96 69 ARAH BEND 4 P� POSE a WOR L OWNER N ARDI"A� DRIVf z PARADISE MISSIONARY q 3 BAPTIST CHURCH E11 I24 C'6"AC __j 3 Z AND Li BEAUMONT SECTIONAL CENTER 3 AREA LOCAL OF THE AMERICAN POSTAL WORKERS UNION, AFL—CIO LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY �V BEAUMONT SECTIONAL CENTER AREA �\ LOCAL OF THE AMERICAN POSTAL WORKERS UNION, AFL-CIO 12.69' vi CLERKS FILE NO. 2003002791, O.P.R.R.P.J.C. 1.00 ACRE 12.69' a i m N 10-FOOT WIDE / a UTILITY EASEMENT 0.1119 ACRE N PARADISE MISSIONARY 3AFTIST CHURCH CLERKS FILE N0. 2003016944. O.P.R.R.P.J.C. � o / I0.14 ACRES Q O P w z z LL 0 i 10.00' w U Z G�nj� y t9 a c m m m a w N.T.S. V~ E City of Beaumont • � IN OL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: February 3, 2004 AGENDA MEMO DATE: January 26, 2004 REQUESTED ACTION: Council consider a resolution authorizing the acceptance from the Nichols Development Company of a Deed of Gift, conveying a thirty foot (30') wide strip of land along the south side of Dishman Road. RECOMMENDATION The Nichols Development Company has agreed to convey a thirty foot (30') wide strip of land along the south side of Dishman Road, to the City of Beaumont. The property is described as: A thirty foot (30) wide strip of land, being parallel with and abutting the existing south right-of-way line of Dishman Road in the A. Huston Survey, Abstract 33. Administration recommends acceptance of the thirty foot (30') tract of land. BACKGROUND The Water Utilities Division is constructing a new water tower and Nichols' thirty foot(30') wide strip of land will allow the tying in of the new site with existing water and sewer facilities. Drainage District #6 has previously conveyed the water tower site and a thirty foot (30') wide Utility Easement adjacent to the Nichols Property (Resolution No. 03-266, December 9, 2003). BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. \engnichols-esmt-ib.wpd 26 January 2004 SUBJECT 30' RIGHT-OF-WAY x ORCHID S BLUEBl1N T NJ R�1 OUT OF Z wFaJt�PNYET3 A. HUSTON SURVEY SCAN �¢ A ABSTRACT 33 CUX DISHMAN 3 ILLS N ¢ z� (DISHMAN ROAD) 8 �w • 3 3 ADZ} 0 o a � £ RT-i¢ a �fq F z F LD 3 GLADYS M SH OWNER' cPeeO a°n¢ o v LIMERICK o RE q a 3s W CHINAS L. `9 SHANAHAN L N NICHOLS DEVELOPMENT Roo ti • MEADOW GLEN WILLOW tWi° qd A GLEN MEADOW ESTGATE CONPANY EST AT W° Ic �Fq J z 3 A 3 a� BURLING7UN= a KILLARNEY > o A °a s Z D OUTHME ❑ ss f f BLARNEY m -' z E MANI❑N Fq 4 ANIDN w SHENANDDAH WEAVER m A £ D f c❑uRr IENVIL E-'F SHILOH S7DNE Y `m < L❑CATI❑N MAP LEGEND N,T.S. ® SUBJECT PROPERTY DISHMAN RD. c S 00'00'47' E 30.00' 352.48' N 89'59'50 E -------------------- 1 o_ $ 400.00' N 88'59'50' E 0 N N PROPOSED 30' WIDE WATER dt o SEWER EASEMENT 30' R.O.W. DEDICATION TO TO THE CITY OF MMONT 0 0.2755 ACRES J (D.R. VOL 1995, PC. 458) C6 O Lu o -". 0 NICHOLS DEVELOPMENT d o COMPANY 0 o a d � i m `9 N.T.S.