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HomeMy WebLinkAboutPACKET AUG 28 2018BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 28, 2018 1:30 PM CONSENT AGENDA * Approval of minutes — August 21, 2018 * Confirmation of board and commission member appointments A. Authorize a three percent increase in base wages for the City Manager; City Attorney; City Clerk and Chief Magistrate B. Authorize the City Manager to apply for and accept a Routine Airport Maintenance Program Grant from the Texas Department of Transportation Aviation Division C. Amend a Memorandum of Understanding with Beaumont Pets Alive D. Authorize the City Manager to execute all documents necessary to accept grant funds from the National Highway Traffic Safety Administration E. Authorize the City Manager to execute all documents necessary, specifically including an Advertising Agreement, in order for the Southeast Texas Auto Theft Task Force to maintain an ad panel display of public information regarding auto thefts at Parkdale Mall F. Approve the purchase of an annual maintenance agreement from SirsiDynix for use in the Library System FD BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 28, 2018 REQUESTED ACTION: Council consider a resolution authorizing a three percent increase in base wages for the City Manager; City Attorney; City Clerk and Chief Magistrate. I:•IX_`1 All, The City Manager; City Attorney; City Clerk and Chief Magistrate would receive a three percent increase in their base wages. Their current allowances, benefits and additional compensation would remain the same, except for the following changes: 1. The City of Beaumont will provide $18,500 to the City Manager for contribution to a retirement account or program or other purpose of his choice; and 2. The City of Beaumont will make an annual contribution of $24,500 to the International City/County Management Association's Deferred Compensation Program on behalf of the City Attorney; and 3. The City of Beaumont will make an annual contribution of $13,000 to the International City/County Management Association's Deferred Compensation Program on behalf of the City Clerk; and 4. The City Manager and City Attorney will be allowed to carry over any unused paid time off (PTO) into calendar year 2019; and 5. The increase in base wages and other changes will be effective on October 1, 2018. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the base wages of the City Manager, Kyle Hayes, will be $19,261.00 per month. He is to also receive a car allowance of $833.33 per month. His administrative allowance will be $500.00 per month. The City of Beaumont will provide additional compensation in the amount of $18,500.00 to the City Manager for contribution to a retirement account or program or other purpose of his choice. The City Manager will be allowed to carry over any unused Paid Time Off (PTO) into calendar year 2019; and, BE IT FURTHER RESOLVED THAT the base wages of the City Attorney, Tyrone E. Cooper, will be $16,635.00 per month. He is to also receive a car allowance of $833.33 per month. His administrative allowance will be $100.00 per month. The City of Beaumont will make an annual contribution of $24,500.00 to the International City/County Management Association's Deferred Compensation Program on his behalf. The City Attorney will be allowed to carry over any unused Paid Time Off (PTO) into calendar year 2019; and, BE IT ALSO RESOLVED THAT the base wages of the City Clerk, Tina Broussard, will be $8,843.00 per month. She is to also receive an administrative allowance of $100.00 per month. The City of Beaumont will make an annual contribution of $13,000.00 to the International City/County Management Association's Deferred Compensation Program on her behalf; and, BE IT ALSO RESOLVED THAT the base wages of the Chief Magistrate, Craig Lively; will be $11,206.00 per month. He is to also receive a car allowance of $200.00 per month. NOTWITHSTANDING the foregoing compensation, all other compensation, allowances, benefits, terms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. This resolution shall be effective October 1, 2018. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2018. - Mayor Becky Ames - C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: August 28, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and accept a Routine Airport Maintenance Program (RAMP) Grant from the Texas Department of Transportation (TxDOT) Aviation Division. BACKGROUND TxDOT's Aviation Division provides a RAMP Grant to assist local governments with general airport maintenance and repairs. The State offers a 50150 matching grant up to $100,000 each fiscal year. If approved, the grant funds will be used towards the City's share of operating costs at the Beaumont Municipal Airport including, but not limited to, taxiway lighting, runway maintenance, airspace right-of-way tree clearance, as required by the FAA, satellite service and quarterly FAA inspections for the Automated Weather Observation System (AWOS). FUNDING SOURCE TxDOT Aviation in the amount of $50,000 and City's match of $50,000 from the Beaumont Municipal Airport Fund. RECOMMENDATION Approval of the resolution. ELIGIBLE WORK ITEMS UNDER RAMP GRANTS AIRSIDE MAINTENANCE Pavement crack sealing Pavement Slurry Seal/Fog Seal/Rejuvenator Pavement markings Limited pavement failure repairs Drainage maintenance Sweeping Herbicide — fire ant control — mesquite tree eradication Replacement bulbs/lamps for airside lighting fixtures and approach aids Beacon, lighting, approach aids — repair and maintenance Parts replacement for AWOS not covered under warranty AFTER AIRSIDE MAINTENANCE HAS BEEN ADDRESSED Seal coats/chip seal/crack seal for non -airside pavement, repair/maintenance of airport public auto parking Hangar/terminal building painting and repairs -sponsor owned facilities only Security camera systems Game proof or security fencing and gates, electric gate openers Access roads for AWOS installations Navigational aids purchase and installation AWOS NADIN interface monthly charge Airport entrance signs & landscaping Repairs to airport owned fuel systems, including replacement of tanks Professional Services for preparation of Storm Water Pollution Prevention, Spill Prevention Control & Countermeasure Plans and maintenance/update of these plans Repairs to existing back up generators Airfield FOD sweeper Service plans for pest control in terminal building and/or control tower only HVAC repairs in terminal building and/or control tower SMALL CAPITAL IMPROVEMENT PROJECTS New public auto parking areas - engineering/design costs included New entrance roads, hangar access roads - engineering/design costs included Design and Construction of aircraft wash racks as indicated by SWPPP Expansion of apron areas or new apron areas - engineering/design costs included Pilot lounge/small general aviation terminal buildings Drainage improvements - engineering/design costs included Extension of runway lighting systems- engineering/design costs included Beacon/tower replacements Repairs to existing water wells, lines/sewer lines &septic systems - compliance with EPA and TCEQ responsibility of Sponsor Preparation of FAA form 7460-1 "Notice of Proposed Construction or Alteration" for RAMP projects INELIGIBLE WORK ITEMS UNDER RAMP GRANTS Mowing - may be done by TxDOT or TxDOT contract forces but the cost is 100% Sponsor responsibility Purchase of capital equipment including TUGS, aircraft dolly, lawn mower, golf carts, snowmobile, striping machines, power washers Operating Expenditures including carpet cleaning, monthly utility bills, grounds/mowing services, trash collection/recycling Force Account work by sponsor Consumables including batteries (except for AWOS), air, water and jet fuel filters, interior light bulbs, cleaning supplies, replacement plants, credit card paper, replacement monitors/computer equipment for AWOS Work performed or purchases made prior to the grant being fully executed RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding through the Texas Department of Transportation (TxDOT) Aviation Division for a Routine Airport Maintenance Program (RAMP) Grant in the amount of $50,000.00 for the purpose of operating costs at the Beaumont Municipal Airport including, but not limited to, taxiway lighting, runway maintenance, airspace right-of-way tree clearance, satellite service and quarterly FAA inspections for the Automated Weather Observation System (AWOS). The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2018. - Mayor Becky Ames = c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: August 28, 2018 REQUESTED ACTION: Council consider a resolution amending a Memorandum of Understanding with Beaumont Pets Alive. BACKGROUND On August 21, 2018, the Beaumont City Council approved a Memorandum of Understanding (MOU) with Beaumont Pets Alive related to the City's trap -neuter -return program. The MOU needs to be amended to clarify that feral cat euthanasia is to be reimbursed at a rate of thirty-two dollars ($32.00) per cat. FUNDING SOURCE General Fund — Beaumont Animal Care. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, on August 21, 2018, the City Council of the City of Beaumont, Texas passed Resolution No. 18-202 authorizing the City Manger to execute a Memorandum of Understanding between the City of Beaumont and Beaumont Pets Alive for sterilization surgeries relating to the Trap -Neuter -Return (TNR) program for feral cats; and, WHEREAS, an amendment to the Memorandum of Understanding is necessary to establish that feral cat euthanasia is to be reimbursed at a rate of Thirty -Two Dollars and XX/100 ($32.00) per cat for any feral cats that need to be euthanized due to testing positive for feline distemper or feline leukemia; and , WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont. for the City to enter into an Amended Memorandum of Understanding between the City of Beaumont and Beaumont Pets Alive; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute an Amended Memorandum of Understanding between the City of Beaumont and Beaumont Pets Alive, substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2018. - Mayor Becky Ames - Memorandum of Understanding This Memorandum of Understanding (MOU) is between Beaumont Pets Alive (BPA) and the City of Beaumont, Texas (City). The purpose of this MOU is to formalize the cooperative working relationship between BPA and the City with respect to the City's Trap -Neuter -Return (TNR) program. BPA and the City are working together to support the common goal of turning the Beaumont Animal Shelter (Shelter) into an open -admission no -kill animal shelter. Responsibilities of BPA 1. BPA agrees to sterilize any and all feral cats for the City's TNR program at no cost to the City. Responsibilities of Citv 1. The City agrees to establish a Trap -Neuter -Return (TNR) program which provides for the capture of feral cats for the purpose of controlling the feral cat population through sterilization. 2. The City agrees to transport captured feral cats to and from BPA's facility. 3. The City agrees to only transport feral cats to BPA that are trapped within the Beaumont city limits. 4. The City agrees to keep accurate records on the number of feral cats brought to BPA. 5. The City agrees to reimburse BPA at a rate of thirty-two dollars ($32.00) per cat for any feral cats that need to be euthanized due to testing positive for feline distemper or feline leukemia. Term 1. This MOU shall become effective upon execution and shall remain in effect for a period of two (2) years unless sooner terminated as provided herein. Therefore, this MOU shall automatically renew for successive one (1) year terms unless and until notice to terminate or not continue is given as provided herein. Either party has the right to terminate this MOU by giving to the other party ten (10) days written notice of its intention to terminate. EXHIBIT "A" CITY OF BEAUMONT By: Kyle Hayes, City Manager BEAUMONT PETS ALIVE a Kelley Kays, Executive Director Date: Date: ,D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: August 28, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary to accept grant funds from the National Highway Traffic Safety Administration. BACKGROUND The grant funds will provide for a single step grant program which occurs between October 1, 2018 and September 30, 2019 and would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes, which often result in loss of life or personal injury. The grant would be in an amount not to exceed $79,977.85 with a,City "match" of $23,325.68 as our portion of the costs for the project. FUNDING SOURCE City would receive grant funding in an amount not to exceed $79,977.85 with a city contribution of $23,325.68. RECOMMENDATION Approval of the resolution. c Texas Traffic Safety eGrants Fiscal Year 2019 Organization Name: City of Beaumont Police Department Legal Name: City of Beaumont Payee Identification Number: 17460002789023 Project Title: STEP Comprehensive ID: 2019 -Beaumont -S-1 YG-00084 Period: 10/0112018 to 09130/2019 .r City of Beaumont Police Department STEP Comprehensive 2019 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Beaumont hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local GovernmentlTransit District. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2019. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number: 20.600 CFDATitle: State and Community Highway Safety Grant Program Funding Source: Section 402 DUNS: 073901118 FAIN: 69A37519300004020TX0 Project Title. STEP Comprehensive This project is Not Research and Development Grant Period: This Grant becomes effective on 1010112018 or on the date of final signature of both parties, whichever is later, and ends on 09130/2019 unless terminated or otherwise modified. Total Awarded: $103,303.53 Amount Eligible for Reimbursement by the Department $79,977.85 Match Amount provided by the Subgrantee: $23,325.68 2019-Beaumont-S-1YG-00084 Printed On: 8/21/2018 Page 1 of 32 RESOLUTION NO. WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount importance to the City; and, WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury; and, WHEREAS, traffic safety enforcement and encouragement of safe driving habits are a significant goal of the Beaumont Police Department; and, WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to participate in a Texas Traffic Safety Program and, receive federal reimbursement grant funding in an amount not to exceed Seventy -Nine Thousand Nine Hundred Seventy -Seven and 85/100 Dollars ($79,977.85) pursuant to the project titled "STEP Comprehensive Fiscal Year 2019" for occupant protection enforcement, reduction of alcohol and drug related driving incidents, speeding enforcement, and speeding related crashes; and, WHEREAS, the City of Beaumont has agreed to contribute Twenty -Three Thousand Three Hundred Twenty -Five and 68/100 Dollars ($23,325.68) as its portion of the costs for the project titled "STEP Comprehensive Fiscal Year 2019" which is for the period of October 1, 2018 to September 30, 2019; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted, and, THAT the City Manager'of the City of Beaumont be, and he is hereby, authorized to execute all documents necessary to apply for and receive funding for the project "STEP Comprehensive Fiscal Year 2019" and take such action as necessary to implement the project which occurs between October 1, 2018 and September 30, 2019; and, BE IT FURTHER RESOLVED THAT the City Manager is authorized to accept and disburse the federal reimbursement grant funding in an amount not to exceed Seventy -Nine Thousand Nine Hundred Seventy -Seven and 85/100 Dollars ($79,977.85) and take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the "STEP Comprehensive Fiscal Year 2019" project recognizing the City's contribution match of Twenty -Three Thousand Three Hundred Twenty -Five and 68/100 ($23,325.68). The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2018. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: August 28, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary, specifically including an Advertising Agreement, in order for the Southeast Texas Auto Theft Task Force to maintain an ad panel display of public information regarding auto thefts at Parkdale Mall. BACKGROUND The Southeast Texas Auto Theft Task Force is a multi jurisdiction agency comprised of six personnel from the Beaumont Police Department, and one each from Jefferson County Sheriff's office, Port Arthur Police Department and the Hardin County Sheriff's office. The Task Force currently covers Jefferson, Orange, Hardin and Jasper Counties. The Task Force focuses efforts in two areas: investigations, which target vehicle burglaries and vehicle thefts, and public awareness, which uses media campaigns, training and public presentations to promote prevention techniques and awareness. Parkdale Mall is visited by an estimated 10,000 persons a day and the ad panel would continue to promote auto theft/auto burglary awareness and prevention through the use of display items. FUNDING SOURCE Funds are taken from the Auto Theft Task Force Police Grants account. Total cost is $3,000. RECOMMENDATION Approval of the Resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary, specifically including an Advertising Agreement, substantially in the form attached hereto as Exhibit "A," with Parkdale Mall CMBS, LLC, in order for the Southeast Texas Auto Theft Task Force to maintain an ad panel display of public information at Parkdale Mall. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2018. - Mayor Becky Ames - ADVERTI-SING AGREEMENT CBL Sales Agent: Jana Gary Property Name(s); Parkdale Mall Project q(s): 100-0451 C6ent/Agency: Southeast Texas Auto Theft Task Force Advertiser. Southeast Texas Auto Theft THIS ADVERTISING AGREEMENT(the'Agreementj, is made this _ day of _ by and between the parties listed below and referenced herein as Owner and Client. This Agreement grants the Client permission to engage in certain acts upon the Owners premises upon the terms and conditions set forth herein. In consideration of the agreements set forth herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree: 1 Reference Provisions and Terms A Parties -and -Contact Information: Owner Payment Address Client Legal Entity. Parkdale Mall CMBS, LLC, a Delaware limited liability company Size Legal Entity: Southeast Texas Auto Theft Task Force Mall Name: Parkdale Mall PO Box 5567, Carol Stream, 11 60197-5567 Advertiser. Southeast Texas Auto Theft Address: 6155 Eastex Fwy, Suite #200, Beaumont, TX, 77706- 6797, Address: 2430 W. Cardinal Dr. Ste. C, Beaumont, TX, 77705 Contact: Jana Gary End Date Contact Kyle Hayes Phone: 409-898-2224 OVH- Phone: 409-842-6341 Ernail:jana.gar.y@cbipropqrties.com 09/1/2018 Email: BRYANSKINNER@BEAU MONTTEXAS.GOV B. Advertlsino Unit and Term: Campaign Start Date: 09/1/2018 Campaign End DateA8/31/2019 Property Property Legal Entity Unit Media Type Size Campaign Campaign Start Date End Date Parkdale Parkdale Mall CMBS, LLC, a Delaware limited Lability OVH- Overhead Backrn Ad 144 in x 30 09/1/2018 08/31/2019 Mall company 102 Panel In EXHIBIT "A" Payment Schedule(s): Type IDescription I Due Date Amount Total Additional Charges Amount 1$0.00 Property Description Unit# Due Date Advertising Charge Parkdale Mall 5600=5500 Business Dev - Ad Panel OVH-102 10/1/2018 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 10/31/2018 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 12/1/2018 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad. Panel OVH-102 12/31/2018 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102- 01/31/2019 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 03/3/2019 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 03/31/2019 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 05/1/2019 $250.00 Parkdale:Mall 5600-5500 Business Dev - Ad Panel OVH-102 05/31/2019 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 07/1/2019 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 07/31/2019 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 08/31/2019 $250.00 Total Media Amount $3,000.00 Additional Charge(s): Type IDescription I Due Date Amount Total Additional Charges Amount 1$0.00 Total Contract Amount $3,000.00 D. User OWNER shall pemvt the undersigned (hereinafter "Advertiser) to advertise at the above -referenced Property and in accordance With the description above as agreed by the parties hereto, and in exchange therefore, Advertiser shall pay to OWNER the Total Advertising Fees (referenced above) in accordance to the payment schedule as written above) commencing upon the "Due Date referenced above. Advertiser shall pay' promptly when due or make 'reimbursement to OWNER for all taxes imposed upon Advertisers Total Advertising Fees, including, without limitation, all sales taxes, received by OWNER. There shall be a late charge of Two Hundred Dollars ($200.00) payable for Crient's failure to pay when due any installment of Fees or any other sum payable to Owner/Manager under the terms of this Agreement Advertiser shall be in default under this Agreement if it fails to: (a) pay any sum due hereunder within five (5) days of the date such payment is required, and (b) comply with any non -monetary provision of this Agreement after five (5) days' notice from OWNER. OWNER shall have the option immediately upon,such default to -terminate this Agreement and require that Advertiser pay any and all sums due hereunder and the costs and expenses of removing Advertisers advertisements, and OWNER shall have such other rights and remedies, in law or in equity, as are allowable under applicable law. All costs and, expenses, including attorney's fees and court costs, and costs for pursuing collection of monies due under this Agreement, that OWNER may incur in enforcing the terms and provisions of this Agreement shall be paid by Advertiser. OWNER shall have the exclusive right over the location; size, content and manner of presentation of the advertisement OWNER in its sole discretion shall have the right to remove, relocate, and/or to terminate this Agreement for any reason on five (5) days prior written notice to Advertiser at anytime during the term of this Agreement. On any such termination, OWNER shall refund to Advertiser any unused portion of Advertisers Total Advertising Fees and such shall be the only payment and/or remedy due to Advertiser as the result of such termination. If agreed upon by the parties, Advertiser will use the production company selected by OWNER to produce the advertisement, and Advertiser shall be responsible for the costs thereof. Advertisershall pay `production costs to OWNER upon execution of this Agreement and any other Material and/or Production Cost incurred during the term to OWNER within five (5) days of receipt of an invoice from OWNER. Advertiser represents and Warrants to OWNER, the Shopping Center and any affiliates of same, that Advertiser has the sole and exclusive rights to its name and/or logo that the Advertiser shall utilize in conjunction with the advertisements under this Agreement Specifically, but without limitation, the Advertiser represents and warrants to OWNER, the* Shopping Center and any affiliates of same, and directors, officers, employees and agents of any of OWNER, the Shopping Center and their affiliates that the use of the. Advertisers name and/or logo will not result in any trademark Infringement or the violation of arty exclusive use as relates to Advertisers name and/or logo. In the event a third party may bring an action for trademark infringement or the violation of exclusive use as relates tothe Advertisers name, logo or other' designationtAdvertiser agrees that it shall indemnify and hold harmless OWNER the Shopping Center and any affiliates of same and their directors,;officers; employees and agents and that Advertiser shall be solely responsible to such third party and that Advertiser, in the event such action by such third party shall be successful or a settlement of such action may be effected, that Advertiser shall be responsible for removing any logo or designation that may be required to be removed and replaced as the result of such action or settlement and all costs or experises of such removal and replacement This Agreement shall be subject to the rights and privileges of any tenant or occupant of the Shopping Center. This Agreement and the application and Interpretation hereof shall be governed exclusively by the terms hereof and in the event of any conflict, by the laws of the State where the Property is located. All parties have contributed to the negotiation of this Agreement. Client/Agency. Southeast Texas Auto Theft Task Force Owner. Advertiser Southeast Texas Auto Theft Parkdale Mall CMBS, LLC, a Delaware limited liability company by CBL & Associates Managemem, Inc, its managing agent By. Name: Kyle Hayes Title: Date: https:lfcblpmd.ayudackxjd-.coWJuice xportPackageld3aOl293-70fe-4dDMee6-a2b9D5cccOba BY. Name: Title: Date: F TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: August 28, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of an annual maintenance agreement from SirsiDynix for use by the Libraries. BACKGROUND SirsiDynix is used by the Libraries for maintaining records for circulation, cataloging, patron portal access, self -check at Miller Library, and other internal processing. This purchase is exempt from competitive bidding since it is available from only (1) source having exclusive rights to modify and maintain the software. The software agreement provides twenty-four hours a day, seven days a week unlimited telephone support and offsite hosting. This agreement in the amount of $60,488.64 is for an annual period beginning September 2018. FUNDING SOURCE General Fund -Information Technology. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: , THAT the City Manager be and he is hereby authorized to execute the renewal of an annual Maintenance Agreement with SirsiDynix, the sole source having exclusive rights to modify and maintain the software, in the amount of $60,488.64, for software support for all of the City's library branches. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2018. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 28, 2018 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 4-8/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow a small wholesale food preparation facility in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 1195 North Grand Street 2. Consider a request for a Specific Use Permit to allow a gaming facility in a C -M (Commercial -Manufacturing) District located at 6470 Washington Boulevard 3. Consider renaming Homsar Pointe Boulevard to Northwest Parkway 4. Consider an ordinance approving the Petition for Consent to include additional land in Jefferson County Water Control and Improvement District No. 10 5. Consider a resolution approving a contract with Excavation and Construction, LLC of Port Arthur for the curb and gutter repair of street rehabilitation projects 6. Consider an ordinance denying the rate increase request of Entergy Texas, Inc. filed on May 15, 2018 7. Consider a resolution authorizing the City Manager to award a contract to ALLCO, LLC., for the 102" CMP Storm Sewer Emergency Repair Project WORK SESSION Review and discuss the proposed FY 2019 Budget and the proposed 2019 Capital Program JOINT PUBLIC BEARING Receive comments on the proposed FY 2019 Budget and the proposed 2019 Capital Program 8. Consider a resolution postponing the final vote on the proposed FY 2019 Budget until after the second public hearing on the proposed tax rate, which is scheduled for September 11, 2018 PUBLIC BEARING * Receive comments on the 2018 (FY 2019) proposed tax rate WORK SESSION * Review and discuss filling in the swimming pool at the former Melton Y Facility COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Carlotta Nicholas Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. i August 28, 2018 Consider a request for a Specific Use Permit to allow a small wholesale food preparation facility in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 1195 North Grand Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 0 t3 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: August 28, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit for a small wholesale food preparation facility in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 1195 North Grand Street. BACKGROUND Prentiss Semien is requesting a Specific Use Permit to allow a small wholesale food preparation facility at 1195 Grand Street. Mr. Semien plans to prepare, cook and package pork skins, also known as cracklins. The cracklins will be packaged for wholesale distribution. The property was previously used as a meat market. Hours of operation will be 8 a.m. - 9 p.m. with a store front from 10 a.m. - 9 p.m., with the largest shift having 5 employees. At a Joint Public Hearing held on August 20, 2018, the Planning Commission recommended 9:0 to approve a request for a Specific Use Permit for a small wholesale food preparation facility in a GC -MD (General Commercial -Multiple Family Dwelling) District with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer . services, including any requirements of the City's pre-treatment program. 2. The van accessible handicap spot is not ADA compliant. The spot must be 11 -ft wide with 5 -ft access aisle on the passenger side if the vehicle were pulled into the spot. It is recommended that the handicap spot be moved to spot 4 and have the access,aisle located in spot 5. This would also allow easier access to the ramp leading to the entrance. The handicap spot currently shown could then become a regular parking spot. 3. Provide off street parking for a total of eight (8) vehicles. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment program. 2. The van accessible handicap spot is not ADA compliant. The spot must be 11 -ft wide with a 5 -ft access aisle on the passenger side if the vehicle were pulled into the spot. It is recommended that the handicap spot be moved to spot .4 and have the access aisle located in spot 5. This would also allow easier access to the ramp leading to the entrance. The handicap spot currently shown could then become a regular parking spot. 3. Provide off street parking for a total of eight (8) vehicles. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 30, City. Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAMAm APPLICANT'S ADDRESS: "1 APPLICANT'S PHONE NAME OF OWNER: ADDRESS OF OWNER: LOCATION OF PROPERTY: FAX LEGAL D((ESCRRIIPTION OF PROPERTY: LOT NO. "Y� /� OR BLOCK NO. T I d� ADDITION NUMBER OF ACRES o '-ZI TRACT NIA PLAT AIA SURVEY MIA NUMBER OF ACRES MIA For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED ZONE: Gxc P11 \� ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 Y? X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN % ACRE.................................................................$250.00 2 ACRE ORMOREAND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shalled to as amended and approved by City Council. d �/ SIGNATURE OF APPLICANT: DATE: / 0 SIGNATURE OF OWNER (IF NOT APPLICANT) DATE: 3L PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION (� 801 MAIN STREET, ROOM 201 FILE NUMBER e 2�0 P BEAUMONT, TX 77701 1 DATE RECEIVED:TTZ.�T— i Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE NET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. _ Cracklin Kings Procedures 1. Frozen raw pork skins are purchased from J&J Packing Company Inc. 35602 US- 90 Brookshire, TX 77423 The pork skins come in 501b boxes. 2. Frozen skins are transported from Brookshire, TX to Beaumont, TX with a refrigerated truck. 1195 Grand St Beaumont, TX 77701 Pork skins are unloaded and placed immediately inside a freezer inside the kitchen. 3. Pork skins are taken out of the freezer, then out of the packaged box, and then placed on a stainless steel table where they are cut into 1 in. X 1 in. squares. 4. After being cut the pork skins are bagged, sealed, dated, and placed back inside the freezer to be cooked on a later date. If the pork skins are cooked on the same day they are bagged, sealed, dated, and then put back inside the refrigerator until cooking time. 5. Immediately after cutting the skins the cutting area and utensils are cleaned with the appropriate cleaner and then sprayed at the end with an approved sanitizer. 6. A 120gt pot is brought to a boil and seasoning is added to the water. The refrigerated pork skins are added and oiled for 30 minutes. The seasoning that is added to the boiling water. 7. After boiling thirty minutes the skins are removed from the water and drained. 8. The water in the boiling pot will be poured down the drain and the pot will be immediately washed, dried, and returned to its storage place. 9. During the boiling process a 30 gallon cast iron pot will bring 10 gallons of lard to a temperature of 275F -10. After the frying process is completed the lard will cool down for 30 minutes and 5 gallons of lard will be removed and strained into a glass container. 11. Immediately after draining the pork skins they' will be placed in 275F lard. 12. The pork skins will fry in the lard for 45-60 minutes. The final ten minutes of frying the temperature of the lard will be raised to 350F. 13. The pork skins will be taken out of the lard and placed in a stainless-steel tub where they will be seasoned with three seasonings. 14. After seasonings the pork skins will be placed in a proofer where they will cool down until packaging. 15. The pork skins will be taken out of the proofer in the packaging area where they will be weighed and placed in the mason jars. 16. Lids will be placed on the jars and they will be placed in a vacuum sealer machine where all the air will be taken out of the jar and sealed. 17. After the jars are sealed they will be labeled and packaged for delivery. 18. The packaging area will be cleaned and sanitized with the necessary approved cleaning supplies. 19. All areas will be moped and sanitized with the appropriate approved cleaning supplies. Section 30-26.E Requirements 1. The specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish'or impair property values within the immediate vicinity. The specific use will allow economic and community development. Currently, the property and immediate vicinity locations are vacated or nonexistent. My intentions are to provide future employment opportunities in a safe, welcoming, and economically friendly environment. 2. The establishment of the specific use will not impede on the normal and orderly development and improvement of surrounding vacant property. The specific use will enhance the dormant area by bringing occupancy to a currently vacated previously well-established business front. 3. The adequate utilities, access roads, drainage and other necessary supporting facilities have been previously established. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and'pedestrian traffic without adversely affecting the general public or adjacent development. The additional vacant property surrounding the currently existing building allows for growth and future expansion. 5. The adequate nuisance prevention measures are in place to prevent or control offensive odor, fumes, dust, noise, and vibration. All product manufacturing will be completed inside the establishment, with adequate disposal procedures being followed. 6. Directional lighting will be provided so as not to disturb or adversely affect neighboring properties. 7. Landscaping and screening to insure harmony and compatibility with adjacent property will be completed. 8. The proposed use is in accordance with the Comprehensive Plan. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SMALL WHOLESALE FOOD PREPARATION FACILITY IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 1195 NORTH GRAND STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Prentiss Semien has applied for a specific use permit to allow a small wholesale food. preparation facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1195 North Grand Street, being Plat X, Tracts 12 & 25, J. McFaddin Survey and the north part of Lot 2, Block 2, Pattillo Addition, Beaumont, Jefferson County, Texas, containing 0.29 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a small wholesale food preparation facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1195 North Grand Street, subject to the following conditions: ; and, • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre- treatment program • The van accessible handicap spot in not ADA compliant. The spot must be 11 -ft wide with 5 -ft access aisle on the passenger side if the vehicle were pulled in to the spot. It is recommended that the handicap spot be moved to spot 4 and have the access aisle located in spot 5. This would also allow easier access to the ramp leading to the entrance. The handicap spot currently shown could then become a regular parking spot • Provide off street parking for a total of eight (8) vehicles WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a small wholesale food preparation facility is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a small wholesale food preparation facility in an GC -MD (General Commercial -Multiple Family Dwelling) District at 1195 North Grand Street, being Plat X, Tracts 12 & 25, J. McFaddin Survey and the north part of Lot 2, Block 2, Pattillo Addition, Beaumont, Jefferson County, Texas, containing 0.29 acres, more or less, as shown on Exhibit 'A," is hereby granted to Prentiss Semien, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre- treatment program. • The van accessible handicap spot in not ADA compliant. The spot must be 11 -ft wide with 5 -ft access aisle on the passenger side if the vehicle were pulled in to the spot. It is recommended that the handicap spot be moved to spot 4 and have the access aisle located in spot 5. This would also allow easier access to the ramp leading to the entrance. The handicap spot currently shown could then become a regular parking spot. 0 Provide off street parking for a total of eight (8) vehicles. 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. Ccr+finn 'I Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 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['�2'{, ` i• +�e'� ter., >��� D .9'j• - ;y"}u:�4�suy'?������•( ! - .1',�`'�iire''r y r':Tk �7.. �et-, i7i i„'�iti+i"*``r �-.• EXHIBIT "B" 2 August 28, 2018 Consider a request for a Specific Use Permit to allow a gaming facility in a C -M (Commercial -Manufacturing) District located at 6470 Washington Boulevard BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager LSP PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: August 28, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a gaming facility in a C -M (Commercial -Manufacturing) District located at 6470 Washington Boulevard. BACKGROUND Xuong Tuan Ta has requested a Specific Use Permit to allow a gaming facility at 6470 Washington Boulevard. The applicant wishes to have 35 gaming machines at this location. The hours of operation for the business would be 10 a.m. to 10 p.m. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. The property immediately to the north and west of this property is zoned RS (Residential - Single Family Dwelling), and Kelly High school is located less than 1/2 mile from this property. Mr. Ta was joined by Mr. Duy Un at the August 2018 Planning Commission meeting. Mr. Un is the potential buyer of the property with Mr. Ta being his potential tenant. At this meeting it was revealed that Mr. Ta is working with a gaming room in the Dallas region. He discovered that the gaming room was operating illegally and decided to find a location to open his own facility, legally. Mr. Ta has family in this area and chose to apply for the Specific Use Permit to operate at this location. At a Joint Public Hearing held on August 20, 2018, the Planning Commission recommended 9:0 to deny a request for a Specific Use Permit to allow a gaming facility in a C -M (Commercial -Manufacturing) District located at 6470 Washington Boulevard. In response to meeting notices to properties within 200 feet, opposition exceeded 20 percent. As such, the ordinance requires a super majority of the City Council to approve this request. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. APPLICANT'S ADDRESS:: Q APPLICANT'S PHONE # a q .3' _ "to u . FAX P k NAME OF PROPER—W OWNER.= i ADDRESS OF PROPERTY OWNER:,"z O• n .5 6. , ..�f .l -x s "�! .r� LOCAITON'OFPROPERTY:. (_A LEGAL DESCRIPTION OF PROPERTY: - LOT NO:: �. OR TRACT BLOCK NO - I PLAT ADDITION L, c rr l" 6. rn "�►. I iii SURVEY NUMBER OF ACRES v; Z_' I l.oct �, r -o . NUAMER OF ACRES For,properties not in a recorded subdi"vi"sion, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a completelegal field note dekHi3tiori. PROPOSED -USE w.a9 rs�: 1��/) , �t�?� ) `J�'T'f ZONE:C ATTACH A LETTER desci img all processes and activities involved with the proposed uses. I . ATTACH A SITE PLANdrawn to "scale with the information listed on the top back side of this sheet. I,. } � ATlACHA REDUCED 8 V -P X111" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the backside of this sheet must be met before City Council can grant a specific use permit- PLEASE ADDRESS EACH CONDITION IN DETAIL. - ATTACH THE APPROPRIATE APPLICATION FEE: LESSTHAN''/a ACRE .................:...... $250.00 (2 ACRE OR MORE AND LESS THAN 5 ACRES.................$450.00 5ACRESORMORE ...................... ..........$650.00 I, bepg,thc undersigned #Hcant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the ' site plan` sfiall be adheed to as' amended; an approved by City Council. SIGNATURE• OF APPLICANT. / DATE: .Z9 1at 0 ¢ i r � � r : SIGNATURFr OF PROPERTY: DATE OWNER; � � �-.� • .��� �.. , . � £ PIEASE TYPE OR PRINT AND SUBMIT TO: CTI'Y OF BEAUMONT f - , PLANNING DIVISION "- 801 MAIN STREET, ROOM 201 BEAUMON% TX 77701 FIDE NUMBER i' Phone - (409) 880-3764 Fax -(409)880-3110 PLEASE MAIM NOTE ON REVERSE SIDE OF CONDMONS TO BE= REGARDING TUE SITE PLAN AND LE17BR OF PROPOSED USES AND ACTIVITIES. CITY OF BEAUMONT XUONG TUAN TA 10111 Margate Dr. XUOMG TUAN TA: TITLE: OWNER c COMPANY: LITTLE VEGAS Houston Texas 77099 PHONE 469-993-6666 • ADDRESS 6470 WASHINGTON BEAUMONT TX 77707 469-993-6666 Apn126, 2018 To Whom it may concern: I have recently leased a vacant building on 6470 Washington Blvd. in Beaumont Texas, 77707. I am seeking to hire employees and open an arcade amusement game room for fun and relaxation for all those looking to get away to just relax to play, have fun they receive free sodas, chips and can win assorted prizes. My marketing is focused towards cliental who are late night restaurant employees and late-night workers who are so stressed out and need to just need to unwind and relax. My hours of operation 9:00 am - 3:00 am I will offer complimentary can sodas and single serving bags of chips. I seek to have 35 machines this way they can have a choice and they won't have to stand around and wait. I try to rotate the assortment of Prizes to offer a selection and get it fresh and exciting. My Lease contributes to the economy, I will be creating jobs locally, be purchasing sodas and chips locally to help boast the local economy, I will be purchasing prizes locally, I will be paying all taxes fees, ect. locally, plus Electric, water, Trash to help contribute to help with the local economy. Sincerely, XUONG TUAN TA 'd XUONG TUAN TA MY OF BEAUMONT 10111 Margate Dr. Houston Texgs 7099 XUOMG TUAN TA: TT IZE : OWNER coAIPANY : LITTLE VEGAS 469-993-6666" PHONE 469-993-6666 o ADDRESS 6470 WASHINGTON BEAUMONT TX 77707 April 26, 2018 To Whom it may concern: Response to Questions: #1. On our left side we have a steel building manufacturing company, Please see attached ( Exhibit A & D ) for visual On our right side Just wooded lots for VQ mile please see attached ( Exhibit B & D) for visual. In front across the street is a masonry company please see attached ( Exhibit C & D ) for visual We have a privacy fence around the property lease see attached ( Exhibit E ) for visual, we will be adding to by occupying a vacant building, plus give exposure to the surroundingbusinesses from our clients and help to increase their businesses, so we only see how we can be a plus to all around us property values will go up when there is no vacant buildings and .successful businesses around. #2. The vacant lots to the right of us are the only ones that could be developed please see attached ( Exhibit B ) for visual and we have easy access to.entry and exit of our business with plenty of parking of our customers, and with our privacy fence don't see how we could impede in any way and has been a established business at this location before. #3. This property has bad Businesses at this location before so we have every thing, electric poles, electricity, water, gas, cable, satellite, we have all hookups in place and ready to go. Please see attached ( Exhibit E ) for visual We are off Washington Blvd, for easy access drainage ditch have been in place for years and appear to be in great working condition, #4. We have our own Asphalt parking lot at the location with a handicap parking spot, along with regular vehicle parking and motorcycle' parking, Sidewalks for easy access with exterior lighting to provide an abundance of light for those that might our only neighboring business is a manufacturing facility and is well over 100 feet away drive to drive with a gated entrance to their facility please see attached ( Exhibit E & A) for visual #5 We are in a enclosed building, with a privacy Fence surrounding on the exterior, with only one Steel building manufacturing facility next to us and they will have more noise then we could ever make and they are over 100 feet away and we still can't hear them cutting metal, plus our late night groups these businesses are just 8 - 5 so really will only affect each other in a positive way no negative impact by them to us or us to them the positive will be extra exposure to our clients that could increase their sales. Please see attached ( Exhibit E ) for visual #6 The only 1 business next to us has the back of their building facing us so they could not see our lighting at all at night time when they are closed. And Are lighting is designed to enhance the vision of our clients for safety and security. Please see attached ( Exhibit A& E ) for visual #7 Our layout we have plans to enhance or landscaping to make more relaxing and appealing, so that we could get the best one on the block and our lighting is for those who have a hard time seeing at night. #8 We will be in accordance with the detailed and comprehensive plan we have set forth. We have met all Federal, State, District, County, Local and City ordinances, zoning, building, and inspection requirements and regulations. We look forward to creating new jobs, and helping to contribute to the city with required fees, taxes and helping boosting the local economy for us all. Sincerely, XUONG TUAN TA ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING FACILITY IN A C -M (COMMERCIAL -MANUFACTURING) DISTRICT AT 6470 WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Xuong Tuan Ta has applied for a specific use permit to allow a gaming facility in a C -M (Commercial -Manufacturing) District at 6470 Washington Boulevard, being Lot 8, Block 1, Langham Plaza, Beaumont, Jefferson County, Texas, containing 0.482 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of a specific use permit to allow a gaming facility in a C -M (Commercial -Manufacturing) District at 6470 Washington Boulevard; and, WHEREAS, notwithstanding the recommendation, the City Council is of the opinion that the issuance of such specific use permit to allow a gaming facility is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a gaming facility in an C -M (Commercial - Manufacturing) District at 6470 Washington Boulevard, being Lot 8, Block 1, Langham Plaza, Beaumont, Jefferson County, Texas, containing 0.482 acres, more or less, as shown on Exhibit "A," is hereby granted to Xuong Tuan To, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Canfinn 9 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2018. - Mayor Becky Ames - I �E FYA a NOW OR FORMERLY JCAD ACCOUNT NO. 036490-000-012500-00000-4 POINT FOR N 8777'11 " E 100.00 FOUND 1/2' (CALLED N 894930' E 100.09 REBAR _ o 10' LANDSCAPINGW;Vy NKFEfVbE BUFFER PER CITY ORDINANCE (5 TALL) ROPOSED 8' OPAQUE FENCE ROCK DRIVE B L O. BOLLAR; TTP LOT 8 PRESENT ZONING PROPOSED Bk8' 9.00' 7 D TER PAD 3 BUILDING SETBACK LINES WIRE FENCE -1 b (4' TALL) •_ J: o PROPOSED SIDE SETBACK UNE AND PARKING 6' LANDSCAPING REAR SETBACK LINE 25 FEET SCREENING BUFFER WOOD NOW OR FORMERLY -y `PkQIlOSEb• ROCIG. "D ACCOUNT N0. 231218-000-019300-00000-2 .,': , r', PAARRK/hIG , N ORDINANCE �` . �i • • ', . 3FAC�S 8'x18' POINT FOR CORNER TREES ROCK IN 7RANSMISS/ON POLE ,. RIVE , l'RQPdSED•.., � NN ROCk •DRIVE t COVID 3 0 AREA ,• 7' TALL ^ ro , COVD GARAGE DOOR o CONC 7' TALL / 2.3- c CONC EXIT DOOR ROOF l A. EA VE / Z` SED ROCK DRIVE ROOF b i , . �_ LINE ONE STORF" `� So' •+ ` - x FRAME WOOD FENCE • -_WOOD __ 1 BUILDING ON_____ rao , 50 (6' TALL) 4 '. BLDG HEIGHT 3258' l71�� X0'59 FX/T n � 512' 0°. Ln M, PIPEGA I ORDINANCE (3' TALL PROPOSED J ROCK DRIVE BUILDING FOOTAGE BOLLAR; TTP WOOD FEN (6' TALL} PRESENT ZONING C -M 3 BUILDING SETBACK LINES Lu -o^ FRONT SETBACK PARKING ASPHALT DRISTRIPE PROPOSED SIDE SETBACK UNE AND PARKING 6' LANDSCAPING REAR SETBACK LINE 25 FEET SCREENING BUFFER WOOD PER CITY SIGN ORDINANCE SHRUBS POINT FOR CORNER TREES ROCK IN 7RANSMISS/ON POLE RIVE , C K N1 CHAIN LINK FENCE (5 TALL) SCALE: 1' = 30' LOT 7 PER CITY ORDINANCE ftop'r^o O d BUILDING FOOTAGE 1651 SOFT N N PRESENT ZONING C -M 3 BUILDING SETBACK LINES Lu -o^ FRONT SETBACK 25 FEET SIDE SETBACK UNE 5 FEET o REAR SETBACK LINE 25 FEET y O Pu SHRUBS V TREES rENrrl 1 —37 - OVERHEAD ELECTRIC TYP PROPOSED LANDSCAPING PER CITY ORDINANCE PARKING SPACES &IR%N�ON OF 41 25' BUILDING SETBACK LINE_ I -�-OVERHEAD m ELECTRIC IG.S.U. EASEMENT _ (4- � CE SANITARY SEWER-� );A-WSPHALT _S 8637'17" W 100.00'MANHOLE — (CALLED S 894130' W IORO)� — FOUND 1/2R.GP.REBAR Eofrfa.R.GP. ASPHALT IL wm.F— ' 6470 WASHINGTON BOULEVARD 58189q ��L� PARTIAL SITE PLAN TW SM Oppsum ON MM ooaMu was AUROFF® Bf PARK/NG GROUP 12 1 SPACE PER 75 SQFT FBCWM F. FA W. PZ WIM - PARKING REQ. 22 SPACES M FET6l UMM No. F -4W0 ON J= 11,, 2ota HANDICAP SPACES REQ. 1 SPACES SPACES PROVIDED 24 SPANS &MAY Date: 7/11/18 ENGINEERING AND SURVEYING, INC. LAN°scAP/Nc REQ. W NADDS PER SPACES 2525 CALDER STREET ■ MEAUMENT, TEXAS 77702 Project No. 180277 (4m334m No. IDD024-OD 0)Engine ring Flrm No.. FA448800McN EXHIBIT "B" 3 August 28, 2018 Consider renaming Homsar Pointe Boulevard to Northwest Parkway BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager o PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: August 28, 2018 REQUESTED ACTION: Consider a request for renaming Homsar Pointe Boulevard to Northwest Parkway. BACKGROUND The City has entered the fmal stages of completing the new Northwest Parkway thoroughfare, which will connect Old Dowlen Road to Major Drive. The connecting point at Major Drive is scheduled to incorporate the existing Homsar Pointe Boulevard. To avoid any confusion, staff is requesting that Homsar Pointe Boulevard be renamed to Northwest Parkway. At a Joint Public Hearing held on August 20, 2018, the Planning Commission recommended 9:0 to approve a request renaming Homsar Pointe Boulevard to Northwest Parkway. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. RESOLUTION NO. WHEREAS, the City has entered the final stages of completing the new Northwest Parkway thoroughfare, which will connect Old Dowlen Road to Major Drive; and, WHEREAS, the connecting point a Major Drive is schedule to incorporate the existing Homsar Pointe Boulevard; and, WHEREAS, to avoid any confusion, staff is requesting that Homsar Pointe Boulevard, being the entire Homsar Pointe Boulevard right-of-way, (extending to the east of Major Drive approximately 335 feet) as platted, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, be renamed to Northwest Parkway; and, WHEREAS, it has been deemed appropriate to rename Homsar Pointe Boulevard to Northwest Parkway; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are "hereby, in all things, approved and adopted; and, THAT Homsar Pointe Boulevard, being the entire Homsar Pointe Boulevard right- of-way, (extending to the east of Major Drive approximately 335 feet) as platted, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, is hereby renamed Northwest Parkway. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code; Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2018. - Mayor Becky Ames - No Text n August 28, 2018 Consider an ordinance approving the Petition for Consent to include additional land in Jefferson County Water Control and Improvement District No. 10 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: August 28, 2018 REQUESTED ACTION: Council consider an ordinance approving the Petition for Consent to Include Additional Land in Jefferson County Water Control and Improvement District No. 10. BACKGROUND LSP Highway 347 LLC submitted a request for public water services to their approximately 97.11 acre tract of land off of Highway 347. The City of Beaumont Water Utilities Department determined the City does not have the capacity nor the infrastructure to supply water to this property without limiting water services to its customers; therefore the City Water Utilities Department suggested Jefferson County Water Control and Improvement District No. 10 provide water services. The City of Beaumont has reviewed the Petition for Consent to Include Additional Land in Jefferson County Water Control and Improvement District No. 10 on behalf of LSP Highway 347 LLC covering approximately 97.11 acres of land in Jefferson County, Texas. The 97.11 acre tract of land is located outside of the city limits of Beaumont, but within the Extraterritorial Jurisdiction (ETJ) and Certificate of Convenience and Necessity (CCN) area. The City of Beaumont has no objection to releasing the approximately 97.11 acre tract of land from the CCN area at the appropriate time. The City of Beaumont will require the improvements be built to city standards. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. AN ORDINANCE APPROVING THE PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN JEFFERSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 10. WHEREAS, LSP Highway 347, LLC submitted a request for public water services to their approximately 97.11 acre tract of land off of Highway 347; and, WHEREAS, the City of Beaumont Water Utilities Department determined the City does not have the capacity nor the infrastructure to supply water to the property without limiting water services to its customers; and, WHEREAS, the City of Beaumont Water Utilities Department suggested that Jefferson County Water Control and Improvements District No. 10 provide water services to the approximately 97.11 acre tract of land; and, WHERES, the City of Beaumont has reviewed the Petition for Consent to Include Additional Land in Jefferson County Water Control and Improvements District No. 10 on behalf of LSP Highway 347, LLC covering approximately 97.11 acres of land in Jefferson County, Texas; and, WHEREAS, the approximately 97.11 acre tract of land is located outside the city limits of Beaumont, but within the Extraterritorial Jurisdiction (ETJ) and Certificate of Convenience and Necessity (CCN) area; and, WHEREAS, the City of Beaumont has no objection to releasing the approximately 97.11 acre tract of land from the CCN area at the appropriate time; and, WHEREAS, the City of Beaumont consents to the 97.11 acre tract of land being served by Jefferson County Water Control and Improvement District No. 10; and, WHEREAS, the Petition for Consent to Include Additional Land in Jefferson County Water Control and Improvement District No. 10 is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, WHEREAS, the City Council has considered the purpose of said Petition for Consent and is of the opinion that the acceptance of said petition is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT a Petition for Consent to Include Additional Land in Jefferson County Water Control and Improvement District No. 10 for an approximately 97.11 acre tract of land as described and shown in Exhibit 'A," attached hereto, be and the same is hereby, in all things, accepted for the purposes stated herein; and, BE IT FURTHER ORDAINED THAT the City of Beaumont hereby consents to the inclusion of the referenced land into Jefferson County Water Control and Improvement District No. 10 for the stated purposed as referenced in its Petition for Consent. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2018. - Mayor Becky Ames - PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN JEFFERSON COUNTY WATER CONTROL AND INTROVEMENT DISTRICT NO. 10 THE STATE .OF TEXAS § COUNTY OF JEFFERSON § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BEAUMONT: LSP Highway 347 LLC, a Texas limited liability company, being the holder of title to all of, and therefore, a majority in value of the land hereinafter described, as such values are indicated by the tax rolls of the central appraisal district of Jefferson County, Texas ("Landowner"), and Jefferson County Water Control and Improvement District No. 10 ('District") (Landowner and District hereinafter called "Petitioner"), acting pursuant to the provisions of Section 42.0425, Texas Local Government Code, as amended, respectfully petition for consent to include additional land in a water control and improvement district. In support of this petition, Petitioner shows as follows: 11 The District, to which the land hereinafter described is sought to be annexed, exists under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 51, Texas Water Code, as amended. Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the District, as indicated by the tax rolls of the central appraisal district of Jefferson County, Texas. Landowner represents and warrants that there are' no holders of liens against said land. -The land sought to be added to the District contains approximately 97.11 acres of land, more or less, and lies wholly within. Jefferson County, Texas. No part of said area is within the limits of any incorporated city or town. Under the provisions of Section 42.001, Local Government Code, as amended, said area is within the extraterritorial jurisdiction of the Cities of Nederland and Beaumont, Texas and is not within such jurisdiction of any other city. All of the territory to be annexed may properly be annexed to the District. EXHIBIT "A" The land sought to be added to the area of the District is described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. IV. The general nature of the work proposed to be done in the area sought to be annexed shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal, domestic and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; (3) gather, conduct, divert and control local storm water or other harmful excesses of water in the area; and (4) provide, operate and maintain a fire department and/or firefighting services ("firefighting -facilities") within the area. V. The area of the District is urban in nature, is within the growing environs of the City of Beaumont, and is in close proximity to populous and developed sections of Jefferson County. There is a necessity for the improvements described above because the land sought to be added to the District is not supplied with adequate water, sanitary sewer, drainage or fire -fighting facilities, nor is it presently economically feasible for such facilities to be added to said land. The health and welfare of the present and future inhabitants of the District, the land sought to be added to the District, and of territories adjacent thereto require the installation and acquisition of adequate water, sanitary sewer, drainage and fire -fighting facilities for and within the land sought to be added to the District. A public necessity exists for the addition of said lands to the District to promote and protect the purity and sanitary condition of the State's waters and the public health and welfare of the community, by and through the construction, extension, improvement, maintenance and operation of water, sanitary sewer, drainage and fire -fighting facilities. VJIdEREFCRE, Petitioner respectfully prays that this petition be granted in all respects and that the City of Beaumont give its consent to the annexation of the aforesaid land into said District. -2- IN WITNESS WHEREFORE, Petitioner has executed this Petition on this the day da Y of August, 2018. Landowner LSP Highway 347 LLC, a Texas limited liability compare obert . Chandler Title: Manager THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this P *tl day of August, 2018, by Robert H. Chandler, Manager of LSP Highway 347 LLC, a Texas limited liability company,'on behalf of said limited liability company. ►, WANDA SUE HENDERSON Notary Public, State of Texas 9r, +PF Comm. Expires 07-25-2022 Notary ID 1871807 (SEAL) Notary Public in and for the State of Texas -3- Attest: By: Name:. Title: Secretary, Board of Directors (SEAL) District JEFFERSON COUNTY WATER CONTROL AND RVIPROVEMENT DISTRICT NO. 10 By: Name: Title: President, Board of Directors SI 1'l I Doi 9 Legal Description of the Property TRACT I: BEING 96.33 acres of land out of and a part of Tract III, Walker -Arena Hwy 347, recorded in File No. 2015010541, Official Public Records, Jefferson ,County, Texas, part of the Pelham Humphries Survey, Abstract No. 32, and part of the J. S. Johnson Survey Abstract No. 34, Jefferson County, Texas; said 96.33 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System o, f 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. COMMENCING at a brass disk found in concrete for the Northeast corner of Tract IV of said Walker -Arena Hwy 347 plat; said brass disk being on the Southwesterly right of way line of a dedicated road named State Highway 347, a.k.a. Twin City Highway, and Southeast corner of a (Called 7.595) acre tract of land described in a deed to E. I. DU PONT DE NEMOURS & COMPANY, recorded in Volume 845, Page 48, Deed Records, Jefferson County, Texas; having a Texas Coordinate of N: 13948890.88, E: 3538794.39; THENCE, South 51 deg., 35 min., 00 sec., East (Called South 51 deg., 35 min., 09 sec., East), on the Southwesterly right of way line of said State Highway 347, a distance of 884.61' to a Y2" steel rod, capped and marked "SOUTEX", found for the Southeast corner of a (Called 10.83) acre tract of land described in a deed to Triangle Waste Properties, LP, recorded in File No. 2017034093, Official Public Records, Jefferson County, Texas; said Y2" steel rod being the most Easterly Northeast corner of the herein described tract; having a Texas Coordinate of N: 13948341.61, E: 3539487.42; THENCE, South 51 deg., 35 min., 11 sec., East (Called South 51 deg., 35 min., 09 sec., East), continuing on the Southwesterly right of way line of said State Highway 347, a distance of 315.82' passing a 5/8" steel rod, capped and marked "JAMA GROUP", found for a common corner of said Tract III and a (Called 61.526) acre tract of land described in a deed to Walker -Arena Land Holdings, LLC, recorded in File No. 2013040591, Official Public Records, Jefferson County, Texas, continuing for a total distance of 1566.46' to a 5/8" steel rod found in concrete for the Northeast corner of a (Called 2.000) acre tract of land described in a deed to 347 Partners, LTD, recorded in File No. 2008004217, Official Public Records, Jefferson County, Texas; said 5/8" steel rod being the most Southerly Southeast corner of the herein described tract; THENCE, South 39 deg., 08 min., 50 sec., West, on the North line of said 347 Partners, LTD tract, the North line of a (Called 2.536) acre tract of land described in a deed to 347 -5- Partners, LTD tract, recorded in File No. 2008004808, Official Public Records, Jefferson County, Texas, the North line of a (Called 5.00) acre tract of land described in a deed to Kerr Enterprises, Inc., recorded in File No. 2002005775, Official Public Records, Jefferson County, Texas, and the North line of a (Called 60.136) acre tract of land described in a deed to Lower Neches Valley Authority, recorded in File No. 2007001740, Official Public Records, Jefferson County, Texas, a distance of 2133.51' to a %2" steel rod found for the Northwest corner of the (Called 60.13 6) acre tract on the Northeasterly line of a 100' wide Gulf States Utilities Company right of way, recorded in Volume 370, Page 38, Deed Records, Jefferson County, Texas; said %2" steel rod being the Southwest corner of the herein described tract; THENCE, North 52 deg., 25 min., 26 sec., West (Called North 52 deg., 25 min., 13 sec., West), on the' Northeasterly line of said Gulf States Utilities Company right of way, a distance of 1251.26' passing a 5/8" steel rod, capped and marked "JAMA GROUP", found for a common corner of said Tract III and the (Called 61.526) acre tract, continuing for a total distance of 2452.63' to a 5/8" steel rod, capped and marked "JAMA GROUP", found on the Southeasterly line of the (Called 7.595) acre tract; said 5/8" steel rod being the most Northerly Northwest corner of the herein described tract; THENCE, North 39 deg., 19 min., 32 sec., East (Called North 39 deg., 09 min., 39 sec., East), on the South line of the (Called 7.595) acre tract, a distance of 242.42' to a %2" steel rod, capped and marked "SOUTEX", found for the most Westerly corner of a (Called 0.5602) acre tract of land recorded as a Non -Exclusive Access and Utility Easement, recorded in File No. 2015017352, Official Public Records, Jefferson County, Texas; said Y2" steel rod being an angle point on the Northwesterly line of the herein described tract; THENCE, South 50 deg., 54 min., 40 sec., East, on the Southwesterly line of the (Called 0.5602) acre tract, a distance of 59.88' to a %2" steel rod, capped and marked "SOUTEX", found for the most Northerly Northwest c6rner of Tract II of said Walker -Arena Hwy 347 tract; said %2" steel rod being an angle point on the Northwesterly line of the herein described tract, THENCE, South 50 deg., 48 min., 57 sec., East (Called South 50 deg., 50 min., 21 sec., East), on the Southwesterly line of said Tract H, a distance of 466.75' (Called 466.69') to a %2" steel rod, capped and marked "SOUTEX", found for the most Southerly corner of said Tract II; THENCE, North 39 deg., 09 min., 23 sec., East (Called,North 39 deg., 09 min., 41 sec., East), on the Southeasterly line of said Tract II and Tract I of said Walker -Arena Hwy 347 plat, a distance of 933.68' to a %2" steel rod, capped and marked "SOUTEX", found for the most Easterly corner of said Tract I; THENCE, North 50 deg., 50 min., 35 sec., West (Called North 50 deg., 50 min., 21 sec., West), on the Northerly line of said Tract I, a distance of 466.53' (Called 466.69') to a %2" steel rod, capped and marked "SOUTEX", found for the most Northerly comer of said Tract I; said %2" steel rod being on the Southerly line of a (Called 2.544) acre tract of land M described as an Easement Estate for Access and Utilities to serve Tracts 11 through IV, recorded in File No. 2015013861, Official Public Records, Jefferson County, Texas; THENCE, North 39 deg., 10 min., 06 sec., East (Called North 39 deg., 09 min., 4.1 sec., East), on the Southerly line of the (Called 2.544) acre tract, a distance of 294.89' (Called 294.82') to a %2" steel rod, capped and marked "SOUTEX", found for corner; THENCE, continuing on the Southerly right of way line of the (Called 2.544) acre tract on the are. of a curve to the right having a radius of 240.00', an are length of 68.16', a chord bearing of North 46 deg., 53 min., 31 sec., East, a chord distance of 67.93' to a %2" steel rod, capped and marked "SOUTEX", found for the most Westerly corner of the (Called 10.38) acre tract; said %2" steel rod being the most Northerly corner of the herein described tract; THENCE, South 50 deg., 50 min., 41 sec., East, on the Southwesterly line of the (Called 10.33) acre tract, a distance of 814.67' to a %2" steel rod, capped and marked "SOUTEX", found for the most Southerly corner of the (Called 10.83) acre tract; THENCE, North 39 deg., 11 min., 11 sec., East, on the Southeasterly line of the (Called 10.83) acre tract, a distance of 642.67' to the POINT OF BEGINNING and containing 96.33 acres of land, more or less. TRACT II: Tract Number IV, of WALKER -ARENA HIGHWAY 347, a subdivision in Jefferson County, Texas as the same appears upon the map or plat thereof, on file and or record under County Clerk's File No. 2015010541, Official Public Records of Jefferson County, Texas. -7- V . � �i � ' 111 OO ^ 1 �,, ' y � `�• - � f `. 'i rJam' 'Ar 7"� � �` ;�s', , . t � '`''�� t ;iii:• t1. ��� .114 IV f in At -,� 34 52 :� .�� _ .` �' � t ,ti 11, ��vi �J�ir i,ri :19�1� � � «i� w:• �1 ' • .'r '• ter' •' a, � _ u ' . ' . 1 •� t. �,. „ ?r. �. ,,a �• a .r , „ if "�4�� • .� '% .1�,-,,-;��� V•t ''r a. ,+'�.i. "`vii' ' K,�,.,r" _ �' -I►:.L,F +'' 't, ��'t Ad'a� �r'c-v'h,'. `•`` � �' �,''M'1 -il �:•,4Wj. �%I August 28, 2018 Consider a resolution approving a contract with Excavation and Construction, LLC of Port Arthur for the curb and gutter repair of street rehabilitation projects BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer -41 MEETING DATE: August 28, 2018 REQUESTED ACTION: Council consider a resolution approving a contract with Excavation and Construction, LLC of Port Arthur for the curb and gutter repair of street rehabilitation projects. BACKGROUND Bids were requested for a two-year contract for the repair of damaged curbs and gutters at various locations throughout the City prior to street resurfacing and rehabilitation projects. Five vendors were solicited and two vendors responded. The lowest qualified bid was received from Excavation and Construction with an estimated cost of $206,857.00. Bid tabulation is attached. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for a two (2) year contract for the repair of damaged., curbs and gutters at various locations throughout the City prior to street resurfacing and rehabilitation; and, WHEREAS, Excavation and Construction, LLC, of Port Arthur, Texas, submitted a bid in the estimated amount of $206,857.00, as shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Excavation and Construction, LLC, of Port Arthur, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Excavation and Construction, LLC, of Port Arthur, Texas, for a two (2) year contract for the curb and gutter repair of street rehabilitation projects in the estimated amount of $206,857.00, as shown on Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Excavation and Construction, LLC for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2018. - Mayor Becky Ames - - ------TGX AS --------- City ofBeaumont Purchasing Division Terry Welch, Senior Buyer 409-880'3107 Bid Tabulation: Two (2) Year Contract for Curb and Gutter Repair at Various Locations Throughout the City ofBeaumont, Texas Bid No: TF0718-41 Opening Date: Thursday, August 1@,2018 Low qualified bidder is Excavation & Excavation & Construction, VENDOR Brystar Contracting, Inc. LLC Port Arthur, Tx CITY/STATE Beaumont, Tx nit 7, ,Ptlice 496 9991 Removal of Type 1 -Concrete 400 LF $10.00 $4,000 $18.00 $7,200 Curb (2" to 4" curb height) 496 9992 Removal of Type 1 -Concrete 200 LF $10.00 $2,000 $31.00 $6,200 Curb (2" to 4" curb height) 496 9993 Removal of Type 2 -Concrete 1,600 LF $10.00 $16,000 $19.00 $30,400 Curb (6" to 8" curb height) Removal of Type 2 -Concrete 496 9994 Curb and Gutter (6" to 8" curb 800 LF $10.00 $8,000 $32.00 $25,600 496 9995 Removal of Type 3 -Concrete 400 LF $10.00 $4,000 $20.00 $8,000 Curb (9" to 12" curb height) Removal of Type 3 -Concrete 496 9996 Curb and Gutter (9" to 12" curb 300 LF $10.00 $3,000 $33.00 $9,900 Mobilization -One- time 500 6999 payment for life of contract, not 1 LS $3,857.00 $3,857 $7,000 $7,000 to exceed 2% of the adjusted Contract amount 529 9991 Placement of Type 1 -Concrete 500 LF $28.00 $14,000 $30.00 $15,000 Curb (2" to 4" Curb Height) Placement of Type 1 -Concrete 529 9992 Curb and Gutter 300 LF $30.00 $9,000 $73.00 $21,900 529 9993 Placement of Type 2 -Concrete 2,000 LF $28.00 $56,000 $31.00 $62,000 Curb (6" to 8" Curb Height) Placement of Type 2 -Concrete 529 9994 Curb and Gutter 1,200 LF $30.00 $36,000 $75.00 $90,000 529 9995 Placement of Type 3 -Concrete 500 LF $28.00 $14,000 $46.00 $23,000 Curb (9" to 12" Curb Height) Placement of Type 3 -Concrete 529 9996 Curb and Gut . ter 300 LF $30.00 $9,000 $77.00 $23,100 9 to 12" Curb Height) 9999 6001 Saw Cutting- (Full Depth 5,600 LF $5.00 $28,000 $9.50 $53,200 BID TOTAL: $206,857 $382,500 Low qualified bidder is Excavation & To August 28, 2018 Consider an ordinance denying the rate increase request of Entergy Texas, Inc. filed on May 15, 2018 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: . August 28, 2018 REQUESTED ACTION: Council consider an ordinance denying the rate increase request of Entergy Texas, Inc. filed on May 15, 2018. BACKGROUND On May 15, 2018, Entergy Texas, Inc. (ETI) filed its Statement of Intent to increase rates with each city that retains exclusive original jurisdiction over electric rates and services in the Entergy service area. This proposal would increase rates an estimated $16,689,590.00 annually. It would result in a monthly increase of $2.36 for the average residential customer using 1,000 kWh per month. On May 26, 2018, the City Council suspended the effective date of the increase until September 17, 2018. The suspension was intended to allow for the cities rate attorneys and consultants to analyze the request to determine whether said request is reasonable. An assessment of the Entergy rate increase request has been conducted by the retained rate attorneys and consultants. After having made the required adjustments, the experts have found that the adjustments more than offset and eliminate the company's annual revenue increase request. The recommendation is that Entergy's rate increase request is overstated and not supported by evidence and that no increase should be granted at this time. FUNDING SOURCE The reasonable cost of attorney and consultant expenses related to the rate increase request are reimbursable by the company. RECOMMENDATION Approval of ordinance. ORDINANCE NO. AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ("CITY") DENYING THE RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON MAY 15, 2018; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about May 15, 2018, Entergy Texas, Inc. ("Entergy") filed a Statement of Intent with the City to increase electric rates in the Entergy Service Area by $16.7 million, per year for the first two years rates would be in effect and $117.6 million per year thereafter; and, WHEREAS, the City of Beaumont suspended the effective date of Entergy's rates within its jurisdictional limits until September 17, 2018, and hired the Lawton Law Firm, P.C. to review the Company's rate change request and proposed tariffs; and, WHEREAS, the expert utility rate consultants retained to review the Company's rate increase on behalf of the City have proposed a total of about $120 million in consolidated adjustments to Entergy's revenue requirement and have concluded that Entergy has not justified the need for a rate increase. The consultants' analyses more than eliminate the Company's purported annual revenue increase, as set out in the recommendations made to the City in the Final Rate Report to Cities Steering Committee ("Report"); and, WHEREAS, the rate experts retained for the rate review have concluded that Entergy's rate filing request includes rate increases for Entergy's proposed cost of capital, depreciation rates, employee compensation—including bonus, stock awards and other compensation—benefits, and storm reserve charges, which are unjustified by Entergy's filing; and, WHEREAS, Entergy has failed to justify increasing the rates previously determined to be reasonable and necessary by this City and other Texas regulatory authorities; and, WHEREAS, the statutory deadline to act on Entergy's rate increase request is September 17, 2018; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The City of Beaumont hereby denies the rate increase and proposed tariff revisions requested in Entergy's Statement of Intent. Section 3. Entergy is hereby ordered to continue operating under its existing approved rates. Section 4. Entergy shall reimburse the City for the reasonable costs of attorney and consultant expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. Section 5. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. This ordinance shall become effective from and after its passage. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2018. - Mayor Becky Ames - ATTEST: City Clerk August 28, 2018 Consider a resolution authorizing the City Manager to award a contract to ALLCO, LLC., for the 102" CMP Storm Sewer Emergency Repair Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: August 28, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to ALLCO, LLC., for the 102" CMP Storm Sewer Emergency Repair Project. BACKGROUND On Thursday, December 14, 2017, CenterPoint Energy's contractor installed a new 12" gas pipeline by way of directional boring within Port of Beaumont property. On June 20, 2018, the Port of Beaumont notified City staff that a large sink hole had formed at the location of the boring site. It is our belief that the City of Beaumont's 102" diameter storm sewer corrugated metal pipe (CMP) located within Port of Beaumont property was damaged during the gas pipeline installation and the subsequent sinkhole formed as a result of this damage. Due to the growing size of the sinkhole and the potential loss of drainage capacity of the damaged storm sewer this repair has been elevated to emergency status in order to protect the public health and safety of the citizens in the area. Schaumburg & Polk, Inc. (SPI), a local engineering firm, was tasked with providing a corrective solution and construction plans for the repair of the 102" CMP storm sewer and restoration of the sinkhole area. On Thursday, August 23, 2018 bids were received for furnishing all labor, materials and equipment for the construction of the 102" CMP Storm Sewer Emergency Repair Project. Three (3) bids were received as follows: Contractor Bid Amount Location Allco, LLC $341,539.60 Beaumont, Texas Brystar Contracting $496,600.00 Beaumont, Texas BDS Constructors LLC $833,519.00 Vidor, Texas On August 23, 2018, SPI provided their recommendation that the contract be awarded to Allco, LLC of Beaumont, Texas for their bid in the amount of $341,539.60. Page 2 102" CMP Storm Sewer Emergency Repair August 28, 2018 FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. August 23, 2018 Dr. Joseph Majdalani, P.E. Public Works Director City of Beaumont 801 Main Street, Suite 200 Beaumont, Texas 77701 Re: City of Beaumont 102" CMP Storm Sewer Emergency Repair Bid No: PW0818-13 Recommendation of Award Dear Dr. Majdalani, � r SCHAUMBURG 5, POLK, Irlr Whereas the above referenced project was deemed an emergency, we solicited bids from 5 qualified contractors (Allco LLC; Brystar Contracting; BDS Constructors LLC dba MK Constructors; Bomac Contractors Ltd.; and Mason Construction Ltd.). Allco LLC, Brystar Contracting, -and BDS Constructors LLC dba MK Constructors all submitted a bid. Bomac Contractors Ltd. and Mason Construction Ltd. declined the opportunity to submit a bid. Bids were received on Thursday, August 23, 2018 for the above referenced project. This project shall provide for the repair of the existing 102" CMP storm sewer near the east end of Buford Street in the City of Beaumont, Jefferson County, Texas. Schaumburg & Polk, Inc. has reviewed the submitted bids and recommends award of Base Bid Items No. 1 — 16 to Allco, LLC of Beaumont, Texas for a total contract amount of $341,539.60. A copy of the Bid Tabulation is enclosed for your review. Sincerely, SCHAUMBURG & POLK, INC. Jeffrey G. B aver, P. E. Project Manager Enclosure: Bid Tabulation > wvvw:SPI-ENG.com BID TABULATION CITY OF BEAUMONT 102" CMP STORM SEWER EMERGENCY REPAIR BID NO. PWO818-13 BID OPENING DATE: THURSDAY, AUGUST 23,2018,2:00 PM Page 1 Allco, LLC, PO Brystar Contracting 8385 BDS Constrictors LLC Item Qty Unit Description Box 3684, Beaumont, Chemical Rd. Beaumont, dba Mk Constructors 248 St, Texas 77704 Texas 77705 ViTexas Unit Price Item Total Unit Price Item Total Unit Price Item Total 1. I LS MOBILIZATION, including payment bond, performance bond, insurance, moving equipment tc$10,000.00 $10,000.00 $13,000.00 $13,000.00 $19,435.00 $19,435.00 project, and demobilization, all in strict conformance with plans and specifications; NOT TO EXCEED 3% OF TOTAL PROJECT BID for 2. 1 LS Furnish all labor, material and equipment to excavate and expose the existing CMP storm sewer $41,000.00 $41,000.00 $84,000.00 $84,000.00 $383,712.00 $383,712.00 to determine the extent of damaged CMP, including all necessary trench shoring/safety, all in strict accordance with plans and snecifications for 3. 1 LS Furnish all labor, material and equipment to remove the damaged CMP, up to 20 linear feet, and $40,608.00 $40,608.00 $49,000.00 $49,000.00 $16,548.00 $16,548.00 determine the extent of repairs needed, all in strict accordance with the plans and specifications for 4. 500 CY Furnish all labor, material and equipment to remove all soils and debris from the interior of the $23.00 $11,500.00 $100.00 $50,000.00 $300.00 $150,000.00 CMP outside of the repair arm all in strict accordance with vlans and specifications for 5. 20 LF Furnish all labor, material and equipment to install new 102" CMP to replace the damaged CMP $1,200.74 $24,014.80 $1,465.00 $29,300.00 $1,421.00 $28,420.00 removed per Bid Item #3, including interior and exterior surface coating, couplings/collars, embedment and backfill, all in strict accordance with the plans and specifications for, 6. 60 LF Furnish all labor, material and equipment to remove the existing CMP, in excess of the initial 20 $1,246.08 $74,764.80 $2,000.00 $120,000.00 $812.00 $48,720.00 LF, and install new 102" CMP, including trench shoring/safety and excavation, interior and exterior surface coating, couplings/collars, embedment and backfill, all in strict accordance with the nian% and gnecificatfong for - 7. 800 TON Furnish and install Cement Stabilized Sand (1 1/2 sack/cy) backfill material, all in strict $42.00 $33,600.00 $45.00 $36,000.00 $42.00 $33,600.00 accordance with the plans andspecifications for 8. 80 LF Furnish all labor, materials and equipment to repair/replace damaged 8" HDPE pipe, including $21.00 $1,680.00 $100.00 $8,000.00 $121.00 $9,680.00 trench shoring, excavation, couplings, embedment and backfill, all in strict accordance with the tans and snecifications for 9. 80 LF Furnish all labor, materials and equipment to repair/replace damaged 4" HDPE pipe, including $19.00 $1,520.00 $90.00 $7,200.00 $120.00 $9,600.60 1 trench shoring, excavation, couplings, embedment and backfill, all in strict accordance with the Tans and specifications for, 0. 20 CY Furnish all labor, materials and equiment to backfill under the existing concrete slab/parking wit $225.00 $4,500.00 $450.00 $9,000.00 $400.00 $8,000.00 hydraulic cement by pressure grouting with 2500 psi cementitiaous material, all in strict accordance with the plans and specifications for 11. 1 LS Furnish all labor, materials and equipment to replace the heavy haul driveway, Station 2+00 +/-, $16,787.00 $16,787.00 $12,000.00 $12,000.00 $21,036.0,0 $21,036.00 including 30 LF of 18" RCP culvert, all in stria accordance with the plans and specifications for 12. 300 SY Furnish all labor, materials and equipment to repair the damaged asphalt street, all in strict $80.00 $24,000.00 $72.00 $21,600.00 $105.00 $31,500.00 accordance with the plans and specifications for. 13. 1 LS Furnish all labor, materials and equipment to perform site work, including re -grading adjacent $6,465.00 $6,465.00 $7,000.00 $7,000.00 $21,768.00 $21,768.00 road ditches, and removallreplace hent of the chain link fence and gate at the existing concrete slab arkin all in strict accordance with the plans and specifications for Page 1 BID TABULATION CITY OF BEAUMONT 102" CMP STORM SEWER EMERGENCY REPAIR BID NO. PW0818-13 BID OPENING DATE: THURSDAY, AUGUST 23,2018,2:00 PM The Bid Proposals submitted have been reviewed, and to the best of my knowledge this is an accurate tabulation of the Bids v -a .tm�a OF _ a6 JEFFREY �. BEAVER 3 ............... 60676� e14' Date Page 2 Allco, LLC, POBrystar Contracting 8385 BDS Constructors LLC Item Qty Unit Description Box 3684, Beaumont, Chemical Rd. Beaumont, dba Mk Constructors 2485 North St; Texas 77704 Texas 77705 Vidor, Texas 77662 Unit Price Item Total Unit Price Item Total Unit Price Item Total 14. 100 TON Class I embedment for wet trench construction, famished and installed, complete in place, all in $61.00 $6,100.00 $55.00 $5,500.00 $65.00 $6,500.00 strict accordance with the plans andspecifications for 15. 1 ALLOW GROUNDWATER CONTROL, Contractor shall be reimbursed based on supplied invoice costs $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 16. 1 ALLOW MISCELLANEOUS IMPROV2vfENfS, fiunish all labor, materials, and equipment to perform $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 all miscellaneous improvements, as directed by the Owner, TOTAL BASE BID AMOUNT $341,539.60 $496,600.00 $833,519.00 The Bid Proposals submitted have been reviewed, and to the best of my knowledge this is an accurate tabulation of the Bids v -a .tm�a OF _ a6 JEFFREY �. BEAVER 3 ............... 60676� e14' Date Page 2 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for the 102" CMP Storm Sewer Emergency Repair Project; and, WHEREAS, ALLCO, LLC, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $341,539.60; and, WHEREAS, the City Council is of the opinion that the bid submitted by ALLCO, LLC, of Beaumont, Texas, is the lowest bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to ALLCO, LLC, of Beaumont, Texas, in the amount of $341,539.60 to furnish all labor, materials, and equipment for the 102" CMP Storm Sewer Emergency Repair Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with ALLCO, LLC, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2018. - Mayor Becky Ames - WORK SESSION Review and discuss the proposed FY 2019 Budget and the proposed 2019 Capital Program JOINT PUBLIC HEARING Receive comments on the proposed FY 2019 Budget and the proposed 2019 Capital Program n August 28, 2018 Consider a resolution postponing the final vote on the proposed FY 2019 Budget until after the second public hearing on the proposed tax rate,'which is scheduled for September 11, 2018 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 28, 2018 REQUESTED ACTION: Council to hold a joint public hearing on the proposed FY 2019 Budget and the proposed 2019 Capital Program and at the conclusion of the hearing take action on the proposed FY 2019 Budget. BACKGROUND The proposed FY 2019 Budget was submitted to Council on August 14, 2018. The proposed 2018 Capital Program was originally submitted on May 15, 2018 and again with the proposed budget on August 14, 2018. The notice of the public hearing on the Budget and Capital Program was published August 16, 2018. Local Government Code, Section 102.007 states that at the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget. Chapter 26 of the Property Tax Code requires two public hearings if the proposed tax rate exceeds the lower of the effective rate or roll back rate. Since the second public hearing on the proposed tax rate is scheduled for September 11, 2018, council must take action to postpone the final vote on the proposed budget until after the second hearing on the proposed tax rate. FUNDING SOURCE Not applicable. RECOMMENDATION Hold the joint public hearing. RESOLUTION NO. WHEREAS, the proposed FY 2019 Budget was submitted to the City Council of the City of Beaumont, Texas on August 14, 2018; and, WHEREAS, the proposed FY 2018 Capital Program was originally submitted on May 15, 2018 and again with the proposed budget on August 14, 2018; and, WHEREAS, the notice of the public hearing on the FY 2019 Budget and FY 2018 Capital Program was published August 16, 2018; and, WHEREAS, Local Government Code, Section 102.007 states that at the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget; and, WHEREAS, Chapter 26 of the Property Tax Code requires two public hearings if the proposed tax rate exceeds the lower of the effective rate or roll back rate; and, WHEREAS, since the second public hearing, on the proposed tax rate is scheduled for September 11, 2018, City Council must take action to postpone the final vote on the proposed FY 2019 budget until after the second hearing on the proposed tax rate; and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont for the City to postpone the final vote on the proposed FY 2019 budget until after the second hearing on the proposed tax rate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the final City Council vote to adopt the FY 2019 Budget be and hereby is postponed until after the second hearing on the proposed tax rate. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of August, 2018. - Mayor Becky Ames - PUBLIC HEARING * Receive comments on the 2018 (FY 2019) proposed tax rate BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 28, 2018 REQUESTED ACTION: Council to hold a public hearing on the 2018 (FY 2019) proposed tax rate. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in adopting their tax rate. Two public hearings are required if the proposed tax rate exceeds the lower of the effective tax rate or the roll back tax rate. A Notice of Proposed Tax Rate is required to be published in the newspaper, on the city website, and on a television channel, if available. The notice was posted on the cable channel 4 and in the newspaper on August 16, 2018 in addition to being posted on the website August 16, 2018. FUNDING SOURCE Not applicable. RECOMMENDATION Hold public hearing and schedule the second public hearing for September 11, 2018. WORK SESSION Review and discuss filling in the swimming pool at the former Melton Y Facility