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PACKET DEC 03 2019
BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 3, 2019 1:30 PM CONSENT AGENDA Approval of minutes — November 12, 2019 Confirmation of board and commission member appointments Kelley Kays, City Veterinarian, would be appointed to the Animal Care Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Matthew Fortenberry, Animal Control Supervisor, would be appointed to the Animal Care Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Ann Reynolds, Resident at Large, would be appointed to the Animal Care Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Jim Clay, Police Department Representative, would be appointed to the Animal Care Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Debbie Rogers, Resident at Large, would be appointed, to the Animal Care Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Maryjane Benning, Resident at Large, would be appointed to the Animal Care Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Marc Blieden would be appointed to the Community Development Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Connie Berry would be appointed to the Community Development Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Shelly Vitanza would be appointed to the Convention and Tourism Advisory Board. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Stephen "Doc" Watson would be appointed to the Convention and Tourism Advisory Board. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Brenda White would be appointed to the Convention and Tourism Advisory Board. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Robin Mouton) Mel Wright (Ex -officio) would be appointed to the Convention and Tourism Advisory Board. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Dr. Richard Leblanc (Ex -officio) would be appointed to the Convention and Tourism Advisory Board. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Marie Broussard, Heritage Society Representative, would be appointed to the Historic Landmark Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Lynda Kay Makin, Planning Commission Representative, would be appointed to the Historic Landmark Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Dohn LaBiche, Architect, would be appointed to the Historic Landmark Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Theresa Goodness, County Historian Representative, would be appointed to the Historic Landmark Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Marry Craig would be appointed to the Historic Landmark Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Robin Mouton) Ben Woodhead would be appointed to the Library Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike. Getz) Linda Cooper would be appointed to the Library Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Emily Coxe would be appointed to the Parks and Recreation Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Clarke Baker would be appointed to the Parks and Recreation Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Sina Nejad would be appointed to the Planning and Zoning Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Marry Craig would be appointed as an Alternate to the Planning and Zoning Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Sandy Pate would be appointed as an Alternate to the Planning and Zoning Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Karl Duerr would be appointed to the Police Department Community Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Roy McGrath would be appointed to the Police Department Community Advisory, Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Lee Smith would be reappointed to the Board of Adjustment (Zoning). The current term would expire October 16, 2021. (Mayor Becky Ames) Dana L. Timaeus would be reappointed to the Board of Adjustment (Zoning). The current term would expire May 12, 2021. (Mayor Becky Ames) Joey Hilliard would be reappointed to the Board of Adjustment (Zoning). The current term would expire February 17, 2021. (Mayor Becky Ames) Tom Rowe would be reappointed to the Board of Adjustment (Zoning). The current term would expire February 17, 2021. (Mayor Becky Ames) Christy Amuny would be reappointed to the Board of Adjustment (Zoning). The current term would expire October 16, 2021. (Mayor Becky Ames) Damian Diaz -Plumbing would be reappointed to the Building Board of Appeals. The current term would expire September 12, 2021. (Mayor Becky Ames) A) Approve the purchase of tasers and related equipment for use in the Police Department B) Approve the purchase of a Hazmat Identification System for use in the Fire Department C) Approve contracts to provide lubricants for use in City vehicles and equipment D) Approve the renewal of an annual maintenance agreement with WatchGuard Video for use in the Police Department E) Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services for Tuberculosis Prevention and Control F) Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Service for Public Health Emergency Preparedness G) Approve a contract with Dowlen Road Veterinary Center for veterinary services H) Authorize the lease of two vehicles with Enterprise FM Trust I) Authorize the City Manager to execute all necessary documents as it relates to the Lease Agreement with the State of Texas for coastal public lands on the Neches River J) Authorize the City Manager to execute an agreement with Fiberlight LLC for the placement of fiber optic cable in public right-of-way K) Authorize the settlement of the lawsuit styled Brittney Marble, Individually and as Next Friend on Behalf of Minor, M.C. v. City of Beaumont, Texas; Cause No. E-203,689 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Beginning of Expiration of Term Term Kelley Kays Animal Care 12/03/2019 09/30/2021 Advisory Committee Matthew Animal Care 12/03/2019 09/30/2021 Fortenberry Advisory Committee Ann Reynolds Animal Care 12/03/2019 09/30/2021 Advisory Committee Jim Clay Animal Care 12/03/2019 09/30/2021 Advisory Committee Debbie Rogers Animal Care 12/03/2019 09/30/2021 Advisory Committee Maryjane Benning Animal Care 12/03/2019 09/30/2021 Advisory Committee Marc Blieden Community 12/03/2019 09/30/2021 Development Advisory Committee Connie Berry Community 12/03/2019 09/30/2021 Development Advisory Committee Shelly Vitanza Convention and 12/03/2019 09/30/2021 Tourism Advisory Board Stephen "Doc" Convention and 12/03/2019 09/30/2021 Watson Tourism Advisory Board Brenda White Convention and 12/03/2019 09/30/2021 Tourism Advisory Board Mel Wright Convention and 12/03/2019 09/30/2021 Tourism Advisory Board Dr. Richard Leblanc Convention and 12/03/2019 09/30/2021 Tourism Advisory Board Marie Broussard Historic Landmark 12/03/2019 09/30/2021 Commission Lynda Kay Makin Historic Landmark 12/03/2019 09/30/2021 Commission Dohn LaBiche Historic Landmark 12/03/2019 09/30/2021 Commission Theresa Goodness Historic Landmark 12/03/2019 09/30/2021 Commission Marty Craig Historic Landmark 12/03/2019 09/30/2021 Commission Ben Woodhead Library Commission 12/03/2019 09/30/2021 Linda Cooper Library Commission 12/03/2019 09/30/2021 Emily Coxe Parks and 12/03/2019 09/30/2021 Recreation Advisory Committee Clarke Baker Parks and 12/03/2019 09/30/2021 Recreation Advisory Committee Sina Nejad Planning and 12/03/2019 09/30/2021 Zoning Commission Marty Craig Planning and 12/03/2019 09/30/2021 Zoning Commission Sandy Pate Planning and 12/03/2019 09/30/2021 Zoning Commission Karl Duerr Police Department 12/03/2019 09/30/2021 Community Advisory Committee Roy McGrath Police Department 12/03/2019 09/30/2021 Community Advisory Committee Lee Smith Board of 12/03/2019 10/16/2021 Adjustment (Zoning) Dana L. Timaeus Board of 12/03/2019 05/12/2021 Adjustment (Zoning) Joey Hilliard Board of 12/03/2019 02/17/2021 Adjustment (Zoning) Tom Rowe Board of 12/03/2019 02/17/2021 Adjustment (Zoning) Christy Amuny Board of 12/03/2019 10/16/2021 Adjustment (Zoning) Damian Diaz Building Board of 12/03/2019 09/12/2021 Appeals THAT the following reappointments be made: Reappointment Commission Beginning of Expiration of Term Term Lee Smith Board of 12/03/2019 10/16/2021 Adjustment (Zoning) Dana L. Timaeus Board of 12/03/2019 05/12/2021 Adjustment (Zoning) Joey Hilliard Board of 12/03/2019 02/17/2021 Adjustment (Zoning) Tom Rowe Board of 12/03/2019 02/17/2021 Adjustment (Zoning) Christy Amuny Board of 12/03/2019 10/16/2021 Adjustment (Zoning) Damian Diaz Building Board of 12/03/2019 09/12/2021 Appeals 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 3rd day of December, 2019. - Mayor Becky Ames — BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a resolution approving the purchase of tasers and related equipment for use in the Police Department BACKGROUND Tasers are used in the Police Department in accordance with the Department's use of force policy. The equipment is being purchased from Axon Enterprise, of Scottsdale, Arizona. The equipment being purchased will include 85 taser handles, 85 holsters, 105 battery packs and 635 standard 21 foot cartridges. Axon Enterprise is the sole source provider for the taser equipment. The total cost of the purchase is $122,570. FUNDING SOURCE General Fund ($42,230). Confiscated Goods Fund ($80,340). RECOMMENDATION Approval of the resolution. I Axon Enterprise, Inc. 17800 N 85th St Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 SHIP TO Kelvin Wilson Beaumont Police Dept. - TX 255 COLLEGE ST BEAUMONT, TX 77701 US BILL TO Beaumont Police Dept. - TX ATTN: ACCOUNTING DIVISION PO BOX 3827 BEAUMONT, TX 77704 U.S Q-236030-43782.857 EK d. ' Quote.'Exp]ratlrn 12/1312019: Account Ndmber; 110311 Payment Terms: Net 30 Delivery Method: Fedex _ Ground SALES REPRESENTATIVE Elliott Kelly Phone: +15127123580 Email: ekeliy@taser.com Fax: +14809910791 PRIMARY CONTACT Kelvin Wilson Phone: (409) 880-3601 Email: kelvin.wilson@beaumonttexas.gov TASER Products Item De"scrlptio"n Quantity List Unit <, Nef Unit -0i ce Total"(USD) Price k M 11.003 YELLOW X26P CEW, HANDLE 20 1,065.00 1,065.00. 21,300.00 11501 RIGHT-HAND HOLSTER, X26P, BLACKHAWK 1.5 64.00 64.00 960.00 11504 LEFT-HAND HOLSTER, X26P, BLACKHAWK 5 64.00 64.00 320.00 22011 APPM,. AUTOMATIC SHUT -DOWN BATTERY PACK, 40 78.00 78.00 3,120.00 X2/X26P 44200 21 FT STANDARD CARTRIDGE, X28=6P 570 29.00 29.00 16,530.00 Subtotal 42,230.00 I 001--35-18 60-10 Q 236030-43782 857EK 1 Estimated Shipping Estimated Tax Total 0.00 0.00 42,230.00 GrantlTotall 42,230 00,: Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800):978:2737 SHIP TO Kelvin Wilson Beaumont Police Dept. - TX 255 COLLEGE ST BEAUMONT, TX 77701 US BILL TO Beaumont Police Dept. - TX ATTN: ACCOUNTING DIVISION PO BOX 3827 BEAUMONT, TX 77704 U$ Q-236033-43782.861 EK 0• ! .' Quote`[on 12/13/2019 Account Number: 110311. Payment Terms: Net 30 Delivery Method: Fedex - Ground SALES REPRESENTATIVE Elliott Kelly Phone: +15127123580 Email: ekelly@taser.com Fax: +14809910791 PRIMARY CONTACT Kelvin Wilson Phone: (409)880-3801 Email: kelvin.wilson@beaumonttexas.gov TASER Products i Item Description Quantixy' Llst,Umt Net Unit Price Total (USD) Pace F �,Hairdware� `„., G r M s I 11003 YELLOW X26P CEW, HANDLE 65 1;065.00 1,065.00 69,225.00 11-501 RIGHT-HAND HOLSTER, X26P, BLACKHAWK 65 64.00 64.00 4,160.00 2.2011 APPM, AUTOMATIC SHUT -DOWN BATTERY -PACK, 65 78.00 78.00 5,070.00 X2/X26P 22013 KIT, DATAPORT DOWNLOAD, USB, X2/X26P 1 200.00 0.00 0.00 44200 21 FT STANDARD CARTRIDGE, X26/X26P 65 29.00, 29.00 1,885.00 a-7 -7 -3�-�6 ► .�.5-1 60 �o Q236033-43782 861 EK Subtotal Estimated Shipping Estimated Tax Total 80,34-0.00 0.00 0.00 80,346.00 ._ _Grand Tofal l 80,340:00., RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of tasers and various related equipment for use by the Police Department from Axon Enterprise, of Scottsdale, Arizona, a sole source provider, in the amount of $122,570.00. 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 3rd day of December, 2019. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a resolution approving the purchase of a Hazmat Identification System for use in the Fire Department. The Hazmat ID Elite System is used to identify a majority of unknown substances within one minute. This is critical knowledge that is needed during emergency situations to determine if a substance poses an immediate threat. The equipment is being purchased from Farrwest Environmental, of Schertz, Texas. The new system will replace an existing one that is approximately 15 years old and has exceeded its expected service life. Farrwest Environmental is the only authorized sole manufacturer of the Hazmat ID Elite System. The total cost of the purchase is $80,184. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a Hazmat ID Elite System for use by the Fire Department from Farrwest Environmental, of Schertz, Texas, a sole source provider, in the amount of $80,184.00. 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 3rd day of December, 2019. - Mayor Becky Ames - C 10611,11 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a resolution approving contracts to provide lubricants for use in City vehicles and equipment. BACKGROUND Bids were solicited for a six-month contract to supply approximately 16,310 gallons of various lubricants at fixed costs for use by various City departments in maintaining vehicles and equipment. Specifications allow for a six-month extension upon expiration of the original term at the same pricing as awarded herein. Bids were requested from eight vendors and five responses were received. Specifications stated that the City could award the contract(s) to multiple vendors as deemed to be in the best interest of the City. The specifications have been divided into three sections. It is recommended that Section 1 be awarded to Apache Oil in the amount of $61,374.80; Section 2 be awarded to Tri - Con Inc. in the amount of $57,063.50; and Section 3 be awarded to Apache Oil in the amount of $9,992.50. Smart's Truck & Trailer submitted a bid but stated that they could not deliver the requested items in bulk as required, thus their bid was rescinded. Bid tab is attached. FUNDING SOURCE Fleet Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment; and, WHEREAS, Tri -Con, Inc., of Beaumont, Texas, submitted a qualified bid for Section 1 in the unit amounts shown on Exhibit "A," attached hereto, for an estimated total expenditure of $133,454.40; and, WHEREAS, Apache Oil, of Pasadena, Texas, submitted a qualified bid for Section 2 in the unit amounts shown on Exhibit "A," attached hereto, for an estimated total expenditure of $9,992.50; and, WHEREAS, City Council is of the opinion that the bids submitted by Tri -Con, Inc., of Beaumont, Texas and Apache Oil, of Pasadena, Texas, offers the City the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality 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 Tri -Con, Inc., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 1 on Exhibit "A," attached hereto, for an estimated amount of $133,454.40 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the bid submitted by Apache Oil, of Pasadena, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase oflubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 2 on Exhibit "A," attached hereto, for an estimated amount of $9,992.50 be accepted by the City of Beaumont; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Tri -Con, Inc., of Beaumont, Texas, and Apache Oil, of Pasadena, 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 3rd day of December, 2019. - Mayor Becky Ames - BEA B EAU M 4 N T CITY H SING DIVISION N BID TABU TEXAS PURCHASING DIVISION BID TABULATION TEXAS Bid Name: SIX (6) MONTH CONTRACT FOR AUTOMOTIVE LUBRICANTS Bid Number: MF1020-01 Bid Opening: Thursday, November 14, 2019 Contact Person: Christy Williams, Buyer 11 chdsly. Williams((Dbeaumonttexas.goy Phone: 409-880-3758 Vendor City / State Phone No. -- TRI -CON, INC. SUN COAST RESOURCES, INC.Apac-he 011 Spldle & Spldle• Smarts Truck & Trailer* 000 BEAUMONT. TX HOUSTON, TX Pasadena, T Port Arthur, TX Beaumont, TX 409 835-2237 713-429.6702 281-+187-54D0 409-727.4400 409.842-5110 Item No. APPROX QTY DESCRIPTION U It Exended UnIt pnlce Price Price Extended PricePrice Unl Extended Unit P,riee Price Extended Unit Price Price Extended Price ENGINE OIL Item 1 3,200 GAL Engine Oil OW20, 5W20, l OW30, 15W-40 (BULK DELIVERIES >250 GALLONS) $ 8.77 $28,064.00 $ 8.56 $ -27,392.00 $ 6.- 3 20,2,56:0..0 S 8.55 S 27,360.00 $ 8.24 $ - 26,368.00 Item 1 3,200 GAL Engine Oil SYNTHETIC BLEND OW20, 5W20, 1OW30,15W-40 (BULK DELIVERIES >250 GALLONS) $ 8.77 $28,064.00 $ 8.56 $ 27,392.00 M$7.96 52,5,152.00 S 8.55 $ 27,360.00 $ 8.39 $ 26,848.00 Item 2 11,000 GAL Engine Oil OW20, 5W20, 1 OW30, 15W-40 (55 GALLON DRUMS) $ 9.49 1 $9,490.00 S 9.56 $9,560.00 $ 6� 56,.73Q 00 $ 9.55 $9,550.00 S 10.98 $10,980.00 Item 2A 1,000 GAL Engine Oil SYNTHETIC BLEND OW20, SW20, I OW30, 1 SW -40 1(55 GALLON DRUMS) $ 9.49 $9,490.00 S 9.56 $9,560.00_ 8.26 8 26000. $ 9.55 $9,550.00 $ 11.24 $11,240.00 Item 3 MANUFACTURER AND BRAND BID for Items 1 and 2 above Total Rubia Optima 1100 15W40 Total Quartz Peak HD/Citgo Glass Oil She and Warren OII Item 3A MANUFACTURER AND BRAND BID for Items 1 a and 2a above Total Rubla Optima 1300 15W40 Total QuartzShell, Peak HD/Citgo Glass 011 Warren & e d II OiI Item 4 110 GAL En ine 011 SAE 40 (55 gal drums) S 3.99 $438.90 S 8.74 $961.40 $ 8.88 jjjjjjjjj$976.80 S 10.05 1 $1,105.50 S 8.96 "$985.60 Item 5 IMANUFACTURER AND BRAND BID: Total Rubla 30 I Total RubiaP'05-1 ips .66 T 40 Citgo Glass Oil Total Bid Section 1 575,546.90 1 $74,865.40 UII 374,80 $74,925.50 $76,421.60 _m w TRANSMISS IOWPLUID/HYDRAULIC OIL_,;,, Item 1 1,300 QT Dexron III (quart containers) ■$12554] $3, "9.00$ 2.98 S 3,874.00 S 2.89 $3,757.00 $ 2.97 $3,861.00 $ 2.42 $3,146.00 Item 2 250 GAL Dexron 111 (bulk deliveries >250 al) N 3.99 m W $9.9.7.50 $ 8.06 $ 2,015.00 $ 8.26 $2,065.00 $ 8.00 $2,000.00 S 7.25 $1,812.50 Item 3 100 GAL Decron III (55 gal drums) $ .00 5,5_.0 5550 $ 9.06 $906.00 $ 9.26 $926.00 $ 8.00 $800.00 $ 9.48 $948.00 Item 4 MANUFACTURER AND BRAND BID for Items 1,2, & 3 above: Total Fluid H3 Kendall Classic ATF Peak Glass Oil Item 5 100 QT Mercon 5 (quart containers) S i,9,9 $199.Q0 $ 5.54 $ 554.00 $ 3.48 1 $348.00 $ 5.54 $554.00 S 3.88 F 5388.00 Item 6 MANUFACTURER AND BRAND BID for Item 5 above:: TUt I Fluid H3 Chevron Mercon 5 Kendall Verstran ATF Citgo Cam 2 Item 7 4,700 GAL Multi-purpose Transmission/Hydraulic Oil (bulk deliveries >250 al) $ 7.16 $ 33,652.00 S 9.44 844,368.00 S 7.00 $32,900.00 $ 6.27 $29,469.00 $ 8,22 838 634.00 Item 8 500 GAL Multi-purpose Transmission/ Hydraulic Oil (55 gal drums) S 8.3.5 $_4„175.00 $ 8.16 $4,080.00 $ 9.84 $4,920.00 S 8.00 54,000.00 S 7.44 $3,720.00 Item 9 MANUFACTURER AND BRAND BID for Items 7 &8 above: on Total Dynatran MP Total Dynatrans MP P66 Powertran Citgo Glass Oil Item 10 500 GAL Caterpillar TO -4 Compatible Lubricants, SAE l OW (bulk deliveries > 259gallons) W,SI1,99S,A0 S 7.75 53,875.00 $ 11.52 $5,760.00 $ 7.82 $3,910.00 S 8.55 $4,275.00 Item 11 500 GAL Caterpillar TO -4 Compatible Lubricants, SAE 50 (bulk deliveries >250gallons) W$6.99 5'3 99'9MO, $ 8.97 $4,485.00 $ 11.12 $5,560.00 $ 7.82 $3,910.00 S 8.92 $4,460.00, Item 12 275 GAL Caterpillar TO -4 Compatible Lubricants, SAE l OW (55 gal. drum) 51 ,097.2,5 S 8.75 $2,406.25 S 11.92 $3,278.00 S 10.75 $2,956.25 $ 8.92 $2,453.00 Item 13 275GAL Caterpillar TO -4 Compatible Lubricants, SAE 50 (55 gal, drum) S 9.5;7 $2,6371.7,5. $ 9.97 S2,741.751 $ 11.52 $3,168.00 $ 10.75 $2,956.25 S 9.63 $2,648.25 Item 14 MANUFACTURER AND BRAND BID for Items 10-13 above:Total i3ynatran AC Total Dynatrans AC P66 Powerdrive 10 & 30 Citgo Cam 2 Item 15 DRUM DEPOSIT CHARGE: $0..00 $0.00 $0.00 $0.00 $0.00 TOTAL BID Section 2S 5.7,006.8_,50 $ 58,589.00 S 74,150.00 $57,847.50 `•$53,319.75 SYNTHETIC, 'HEAVY DUTY AUTOMATIC TRANSMISSION, FLUID FOR TRANSMISSIONS REQUIRING ALLISON TES -295 SPECIFIC FLUIDS " Item 1 350 GAL SHELL SPIRAX S6 ATF A295 AUTOMATIC Unit Price TRANSMISSION FLUID **NO SUBS ALLOWED" per gallon Unit Price per Extended Price gallon Extended Price 110-11. Extended Price Unit Price per gallon Extended Price Unit Price per gallon Extended Price _ $ 44.26 $15,491.00 no bid no bid _ 28,,.15. $9 992.5:0 S 44.68 $15,638.00 $ 41.05 $14,367.50 Total Bid Section 3 $15,491.00 NO BID 59,992.50 $15,638.00 514,367.50 •Spidle bid Incomplete, missing signature p. 17 *Smarts bid Incomplete, can not meet specifications requiring BULK deliveries -Calculation error of extended total on actual bid, this Is the correct amount. Bids were solicited from 8 vendors with 5 responses, as well as being publicly advertised. Recommend award of Section 1 and 3 to Apache, Section 2 to Tri -Con BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement with WatchGuard Video for use in the Police Department. BACKGROUND Watchguard Video is used by Police for their in -car and body camera video. This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. The agreement .in the amount of $59,558.50 includes both hardware and software maintenance for the current fiscal year. FUNDING SOURCE Police — Confiscated Goods. 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 WatchGuard Video, the sole source having exclusive rights to modify and maintain the software, in the amount of $59,558.50, for hardware and software maintenance for use by the Police Department for in -car and body camera video. 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 3rd day of December, 2019. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a resolution authorizing the Chief Financial Officer to execute all documents necessary to accept federal funding from the Texas Department of State Health Services (DSHS) in the amount of $31,753.00 awarded to the Beaumont Public Health Department. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department federal funding for Tuberculosis Prevention and Control in the amount of $31,753.00. This funding will assist the Beaumont Public Health Department with operating a clinical program to prevent and control Tuberculosis. This contract will begin 01/01/2020 and end on 12/31/2020. FUNDING SOURCE There is a 20% match. General Fund — Public Health. RECOMMENDATION Approval of the resolution. DocuSign Envelope ID: 3C5DA78C-552D-4148-9438-14975FD380D1 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHS000686100002 UNDER THE TUBERCULOSIS PREVENTION AND CONTROL — FEDERAL (TB/PC-FEDERAL GRANT PROGRAM I. PURPOSE The Department of State Health Services ("DSHS") and City of Beaumont Public Health Department ("Grantee"), each a "Party" and collectively the "Parties," enter into the following grant contract for the Tuberculosis Prevention and Control - Federal Grant Program (the "Contract"). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of Texas Government Code Chapter 791, and Texas Health and Safety Code Chapters 12 and 1001. HI. STATEMENT OF SERVICES TO BE PROVIDED Grantee shall perform services related to the Tuberculosis Prevention and Control - Federal ('713/1'C -Federal") Program in accordance with the requirements stated in Attachment A, Statement of Work. IV. DURATION The Contract is effective on January 1, 2020, and terminates on December 31, 2020, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. DSHS, at its sole discretion, may extend this Contract for any period(s) of time, provided the Contract term, including all extensions or renewals, does not exceed two years. V. PAYMENT FOR SERVICES PERFORMED The total amount of DSHS's share of this Contract shall not exceed $31,753.00. Grantee's required cash match for this Contract shall not exceed $6,351.00. The total not to exceed amount of the Contract, therefore, ,is $38,104.00. All expenditures under this Contract will be in accordance with Attachment B, Budget. VI. CONTRACT REPRESENTATIVES The following individuals will act as the designated Representative authorized to administer activities, communications, and non -legal notices under this Contract on behalf of their respective Party. DSHS Grantee Samantha Lavoie, CTCM Sherry Ulmer 1100 West 49th Street, MC 1990 City of Beaumont Public Health Department Austin, Texas 78756 3040 College Street Page 1 of 66 DocuSign Envelope ID: 3C5DA78C-552D-4148-9438-14975FD380D1 (512) 776-2152 Beaumont, Texas 77701 samantha.lavoie(&,dshs.texas.gov (409) 654-3603 sherry.ulmer(&,beaumonttexas.gov Either Party may change its designated Contract Representative by providing written notice to the other Party. VII. ADDITIONAL GRANT INFORMATION Federal Award Identification Number (FAIN): U52PS004694 Federal Award Date: December 31, 2018 Name of Federal Awarding Agency: Centers for Disease Control and Prevention CFDA Name and Number: 93.116 — Tuberculosis Elimination and Laboratory Cooperative Agreement — Prevention & Control Awarding Official Contact Information: Shanica Alexander, (404) 718 - 3149 DUNS: 807391511 VIII. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by DSHS either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: If to DSHS: Department of State. Health Services Attention: Office of the General Counsel 1100 West 491h Street, MC 1911 Austin, TX 78756 If to Grantee: City of Beaumont Public Health Department Attention: Todd Simoneaux 3040 College Street Beaumont, Texas 77701 Notice given by Grantee will be deemed effective when received by DSHS. Either Party may change its address for notice by written notice to the other Party. IX. REPORTING REQUIREMENTS Grantee shall satisfy all reporting requirements stated in within Article IV of Attachment A, Statement of Work. X. PRIVACY, SECURITY, AND BREACH NOTIFICATION Grantee certifies it is, and shall remain for the term of this Contract, in compliance with all applicable state and federal laws and regulations with respect to privacy, security, and breach notification in accordance with Attachment E, Data Use Agreement. SIGNATURE PAGE FOLLOWS Page 2 of 66 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or the Chief Financial Officer be and they are hereby authorized to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) for the Tuberculosis Prevention and Control -Federal Grant in the amount of $31,753.00, effective January 1, 2020 through December 31, 2020, 2020, to assist the Beaumont Public Health Department with operating a clinical program to prevent and control Tuberculosis. 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 3rd day of December, 2019. - Mayor Becky Ames - F BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a resolution authorizing the Chief Financial to Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) in the amount of $483,332 awarded to the Beaumont Public Health Department. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department an amended Public Health Emergency Preparedness (PHEP) grant in the amount of $483,332. In cooperation with the Centers for Disease Control, this funding will assist the Beaumont Public Health Department's Public Health Emergency Preparedness Division with planning and performing activities and services that will improve and strengthen the local public health infrastructure within the State of Texas. This contract began on 7/1/2017 and was amended for the grant year starting 7/1/2019 and ending on 6/30/2020. FUNDING SOURCE There is a 10% match. General Fund -Public Health. RECOMMENDATION Approval of the resolution. DocuSign Envelope ID: 5B26865C-797F-43EC-8F37-B8FC443994B1 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 537-18-0161-00001 AMENDMENT No. 03 The DEPARTMENT OF STATE HEALTH SERVICES ("System Agency") and BEAUMONT PUBLIC HEALTH DEPARTMENT ("Grantee"), each a "Party" and collectively the "Parties," to that certain grant Contract to provide funding activities in support of Public Health Emergency Preparedness ("PHEP"), effective July 1, 2017, and denominated DSHS Contract No. 537-18-0161-00001, as amended, now desire to further amend the Contract. WHEREAS, the Parties desire to revise the Budget to add additional funds for the Contract period beginning July 1, 2019, through June 30, 2020 ("Fiscal Year 2020" or "FY2020"); WHEREAS, the Parties desire to revise the Federal Grant Information; and WHEREAS, the Parties desire to revise the Statement of Work. Now, THEREFORE, the Parties hereby amend and modify the Contract as follows: SECTION IV of the Contract, BUDGET, is amended to add $3,199.00 in federal funding to the Contract with the Grantee providing a total of $320.00 in match funds for Fiscal Year 2020. The total Contract amount is not to exceed $439,393.00 in federal funding and $43,939.00 in match funds for a combined total of $483,332.00. All expenditures under the Contract will be in accordance with the revised budget set forth herein. Funds provided in support of one Contract activity may only be used for that activity and may not be comingled with other funds provided under this Contract. 2. ATTACHMENT B, BUDGET, is amended and restated in its entirety with the following budget table: 3. SECTION VI of the Contract, ADDITIONAL GRANT INFORMATION, is hereby revised as follows: System Agency Contract No. 537-18-0161-00001 Pagel of 3 FY18 FY19 FY20 FY20 Budget Budget Budget Budget Summary Budget Categories Summary Summary Summary (7/1/19— Total Budget (7/1/17— (7/1/18— (7/1/19— 6/30/20) - 2.2% Summar y 6/30/18) 6/30/19) 6/30/20) Increase Personnel $67,720.00 $67,888.00 $68,721.00 $0.00 $204,329.00 Fringe Benefits $42,077.00 $44,073.00 $45,093.00 $0.00 $131,243.00 Travel $15,029.00 $18,236.00 $18,615.00 $0.00 $51,880.00 Equipment $0.00 $0.00 $0.00 $0.00 $0.00 Supplies $18,096.00 $14,637.00 $13,905.00 $3,199.00 $49,837.00 Contractual $0.00 $0.00 $0.00 $0.00 $0.00 Other $17,016.00 $15,104.00 $13,603.00 $0.00 $45,723.00 Sum of Direct Costs $159,938.00 $159,938.00 $159,937.00 $3,199.00 $479,813.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 $0.00 Sum of Direct Costs and Indirect Costs $159,938.00 $159,938.00 $159,937.00 $3,199.00 $479,813.00 Required Match (Cash or In- Kind $14,540.00 $14,540.00 $14,539.00 $320.00 $43,939.00 TOTAL $159,938.00 $159,938.00 $159,937.00 $3,519.00 $483,332.00 3. SECTION VI of the Contract, ADDITIONAL GRANT INFORMATION, is hereby revised as follows: System Agency Contract No. 537-18-0161-00001 Pagel of 3 DocuSign Envelope ID: 5B26865C-797F-43EC-8F37-B8FC443994B1 Federal Award Identification Number (FAIN): NU90TP922045 Federal Award Date: July 1, 2019 Name of Federal Awarding Agency: Centers for Disease Control and Prevention CFDA Number and Name: 93.069 —,Public Health Preparedness Awarding Official Contact Information: Name: Stephanie Vento Address: 1600 Clifton Road, MS D29, DSLR, Atlanta, GA 30329 Phone: (404)960-9023 4. ATTACHMENT A.3, FY2020 STATEMENT OF WORK, shall be amended and restated with ATTACHMENT A.4, FY2020 STATEMENT OF WORK, attached and incorporated to the Contract. 5. This Amendment shall be effective upon execution by both Parties. 6. Except as amended by this Amendment, all terms and conditions of the Contract, shall remain in full force and effect. 7. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS System Agency Contract No. 537-18-0161-00001 Page 2 of 3 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or the Chief Financial Officer be and they are hereby authorized to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) for an amended Public Health Emergency Preparedness (PHEP) Grant in the amount of $483,332.00, effective July 1, 2019 through June 30, 2020, to assist the Beaumont Public Health Department with planning and performing activities and services that will improve and strengthen the local public health infrastructure within the State of Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December, 2019. - Mayor Becky Ames - PA G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a resolution approving a contract with Dowlen Road Veterinary Center for veterinary services. BACKGROUND The City of Beaumont operates an Animal Care facility at 1884 Pine Street. Included in the operations of the facility, the City contracts with a local veterinary clinic to provide routine veterinary services on a weekly basis and other services as requested. The Veterinarian will visit the Animal Care facility each week at a cost of four -hundred dollars ($400) per week. Services included in the weekly fee include but are not limited to the following: perform visual inspections, examinations and treatments of animals; provide guidance and advice to staff on treatment and care of sick animals; conduct facility inspections; advise and make recommendations in quarantines and regulations governing animal health; provide other consulting services. Any additional services such as administering rabies vaccinations, spay or neuter surgeries and other emergency treatments as requested will be charged per the pricing provided in the response. The term of the contract is for one year. At the end of one year, the City may renew the contract for three additional one-year terms. A Request for Proposal (RFP) was solicited from twenty (20) vendors with one response received. City staff reviewed and evaluated the response using the criteria provided in the RFP. Evaluation criteria is attached. Dowlen Road Veterinary Center of Beaumont met the criteria as set forth in the RFP to provide the veterinary services. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. City of Beaumont, Texas RFP Name: RFP Number: RFP Opening Date: Veterinary Services PF1020-01 October 3, 2019 Vendor Name Criteria Description Maximum Points Dowlen Rd. Veterinary Center Beaumont, Tx. Price 40 35 Experience in shelter management 30 29 Previous contracts with a governmental agency 20 19.50 Ability to provide usage report 10 9.50 Total 100 93 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 an annual award letter, with three (3) one (1) year renewal options, with Dowlen Road Veterinary Center, of Beaumont, Texas, for veterinary services at the City of Beaumont Animal Care facility in the amount of $400.00 per week and any additional services in the amounts shown on Exhibit "A," attached hereto 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 3rd day of December, 2019. - Mayor Becky Ames — PRICING SHEET RFP FOR VETERINARY SERVICES (RE -BED) RFP NO. PF1020-01 WCINGPRIC RIP 1. RABIES VACCINATION-- ACCINATION—Dog Dog $ ;— /ea. Cat $ .6–C,' /ea. .:,77777 2. SPAY -- Dog (all weights) $ /ea. Cat (all weights) $ 0--V /ea. 7 3. NEUTER Dog (all weights) $ Cat (all weights) ----------- 77 $%" 09 /ea. 4. KENNEL FEES -- Small Small Dog (1– 20 pounds) $ , /Night Medium Dog (21– 40 pounds) $ _ /Night Large Dog (41– 60 pounds) $ –0,0• /Night Extra Large dog (61 pounds or greater) $ /Night Cat (all weights) $ /Night S. TRAP –NEUTER - RETURN FEES Spay Feral Cat (all weights) $ O/ea. Neuter Feral Cat (all weights) $_00– / ea. .15 Euthanize and dispose of Feral Cat (all weights) $ /ea. 6. SERVICES TO BE PROVIDED WEEKLY Pricing to include services requested on pages 12 and 13, Section D, items 1-9, to be performed on a weekly basis $ /Per Week INSERT PROPOSER'S COMPANY NAME: A\ tan Qctj ep, I kelleq e. y_Aq 5 ) 0.\[ YK EXHIBIT "A" H BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager ,/ PREPARED BY: Todd Simoneaux, Chief Financial Officer r -4l MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a resolution authorizing the lease of two vehicles with Enterprise FM Trust. BACKGROUND In September of 2016, City Council approved an equity lease agreement with Enterprise FM Trust (EFM) through Resolution No. 16-187. The contract was awarded by the City to EFM by utilizing the TIPS USA cooperative contract #2072816. The City of Beaumont's fleet includes over 400 vehicles that are light weight or medium sized vehicles. These vehicles range in age from new to more than 20 years old, with an average age of six (6) years. Each year during the budget process, all fleet vehicles are looked at for age, mileage, maintenance and repair cost, and priority in providing city services to determine if they need to be replaced. EFM's fleet management program provides a solution to this problem of aging vehicles through equity leases and resale. The equity lease is typically for a term of five years. At the end of the lease term the City can either purchase the vehicle for the residual value or can have EFM sell the vehicle through auction whereby the City receives the net proceeds. At that time the City can either keep the proceeds or use them to put another new vehicle under lease. The advantages to this program include the creation of a replacement cycle for city vehicles that tend to be left behind, improved fuel efficiency, reduced maintenance costs, higher resale return through a broad and well established resale network and more properly matched vehicles to the needs of the operation. There are no wear and tear penalties or mileage restrictions built into the lease. Two vehicles have been identified to be replaced through an equity lease pursuant to the master agreement approved by Council in September of 2016. One vehicle being replaced is a 2001truck utilized in Facilities Maintenance and the other is a 2009 SUV utilized in Traffic Management. The vehicles were identified based on mileage, age, maintenance costs and availability of parts. The two vehicles will be new vehicles ordered by EFM leveraged government discounts.with all manufacturers. The Texas Local Government Code Chapter 791 allows a governmental agency to enter a joint purchasing agreement. The City entered this lease agreement with EFM through Region VIII Education Services Center, The Interlocal Purchasing System or TIPS which awarded a competitively bid contract. FUNDING SOURCE Capital Reserve Fund - $11,620 estimated annual payments. 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 lease two (2) vehicles for use by the Facilities Maintenance Department and Public Works Department pursuant to the existing Master Equity Lease Agreement as amended between the City of Beaumont and Enterprise FM Trust. The Equity Lease Menu Pricing is 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 3rd day of December, 2019. - Mayor Becky Ames - City of Beaumont Menu Pricing B EAU M C3 N T FLEET' MANAGEMENT Equity Lease Menu Pricing T E X A $ Estimated Annual Monthly Cost (Lease Annual Cost Including Y ( One time Altormarket EFM Quote # Year Make Model Trlm Level Quantity Term Mileage Rate)' Full Maintenance" Annual Cost Including Maintenance tlaintenance by Cost IBy Quantity) Estimated Equity Ouantiry 'Lease rates are based upon factory order pricing and miles per year "Maintenance includes one set of brakes and no tires Total Annual Cost Including Maintenance $ 11.620.32 Total Annual One Time Aftermarket Cost $0.00 Total Annual - e -;se for 2019-2020 Budget $11,620.32 =1 BE,AVM.0N.T TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, RE:; Public Works Director MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider authorizing the City Manager to execute all necessary documents as it relates to the Lease Agreement with the State of Texas for coastal public lands on the Neches River. BACKGROUND The proposed application is for the renewal of an existing lease originally commencing on August 8, 19.91. The lease provides for a public recreation facility on coastal public lands on the Neches River, adjacent to Collier's Ferry Park. The lease area is for a two-lane, reinforced concrete ramp and piers, situated on the Neches River at Collier's Ferry Landing. This ramp is a public boat ramp utilized by the citizens of Beaumont and extended community. The lease agreement requires that the Lessee maintain and/or repair any improvements on the premises. As consideration for the right to use the premises, the City of Beaumont agrees to pay the State Twenty -Five Dollars ($25.00) as a one-time application fee. The application fee will be paid when contract is executed. No other consideration is required. It is anticipated the renewal lease will expire on June 30, 2030. FUNDING SOURCE The $25 application fee will be paid from the Parks and Property Services Division's operating budget. RECOMMENDATION Approval of the resolution. TEXAS GENERAL LAND OFFICE GEORGE P. BUSH, COMMISSIONER November 3, 2019 City of Beaumont PO Box 3827 . Beaumont, TX 77704-3827 RE: Renewal of Coastal Lease No. CL940006 Neches River, Jefferson County, Texas Dear Lessee: According to our records, the above -referenced Coastal Lease from the School Land Board for the use of Coastal Public Land owned by the Permanent School Fund has an expiration date of June 30, 2020. Please complete the enclosed application and affidavit and return them to the Texas General Land Office, to the address below, within twenty (20) days of receipt of this letter. Also enclosed is the exhibit from the most recent contract. If you would like to make modifications and/or additions to the permitted structure, please indicate those changes on the drawing and return it with the application and affidavit. You do not need to send any money at this time. Your Coastal Lease will be reviewed and an on-site inspection maybe conducted to determine compliance with the current contract. Please note that placement of unauthorized structures and/or failure to obtain the required authorization from this office for the use of Coastal Public Land may subject the responsible party to civil penalties and/or removal of unauthorized structures by the State with recovery of removal costs from the responsible party or placement of a lien against the . adjacent littoral property (V.C.T.A. Natural Resources Code, Section 33.112, 51.302, and 51.3021). Mitigation costs may also be assessed when necessary to compensate for damage to natural resources. If you have any questions, please call me at (281) 471-0391 x102. Sincerely, 5 -rFe Pantelia Spetsiot s Administrative Assistant Enclosures Coastal Protection - Upper Coast Field Office CL940006 11811 North D Street, La Porte, Texas 77571-9135 CustomerlD: 0000025399 281.470.1191 Fax: 281.470.8071 1o.texas. ov pspetsio g g AppLtrRenewCL_090114 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute all necessary documents as it relates to a Coastal Lease Renewal Agreement between the City of Beaumont and the State of Texas General Land Office for the lease of coastal public property located at Collier's Ferry Landing for a ten (10) year term commencing on July 1, 2020 and ending on June 30, 2030. The Coastal Lease Application for Renewal is 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 3rd day of December, 2019. - Mayor Becky Ames - STATE OF TEXAS `aEaAL C4 F' �O q _•1 r Q 9 r m GENERAL LAND OFFICE APPLICATION FOR RENEWAL OF COASTAL LEASE OLO ID: CL940006 Expiration Date: .lune 30, 2020 Please type or print in the blanks below all applicable information. If information requested is not applicable, indicate by placing N/A in the blank. ISSUANCE OF THE COASTAL LEASE FOR WHICH YOU HAVE APPLIED IS CONTINGENT UPON VERIFICATION OF THE INFORMATION SUBMITTED, PAYMENT OF APPROPRL4TE FEES, AND COMPLL9NCE WITHALL APPLICABLE REGULATORYREQUIREMENT,S • I. Applicant Information (Responsible Party Under Contract): A. Name: City of Beaumont Mailing Address: PO Box 3827 City/State/Zip: Beaumont, TX 77704-3 827 Telephone: Home: Work: (409) 880-3708 Cell Phone: Fax: (409) 880-3747 Email Address: cguy(a�lanier-engineers.com B. Please list any changes/corrections to demographic information above in the spaces provided belowif applicable: Name: Mailing Address: City/State/Zip: _ Telephone: Home: Cell Phone: Email Address: H. Signature of Applicant(s): City of Beaumont Signature Printed Name Work: Fax: Title Date Information collected by electronic mail and by web form is subject to the Public Information Act, Chapter 552, Government Code. CL940006 EXHIBIT "A" CustomerID: C000025399 pspetsio AppRenewCL_090114 STATE OF TEXAS § COUNTY OF JEFFERSON § COASTAL LEASE RENEWAL AFFIDAVIT The undersigned being first duly sworn on oath, states as follows: 1. The undersigned is the grantee under Coastal Lease No. CL940006 (the "CL"),- 2. CL");2. The undersigned has applied to the General Land Office (the "GLO") to renew the CL for an additional term; 3. The undersigned has complied with all of the terms of the CL during its term and has complied with all of the guidelines and rules of the GLO and the School Land Board (the "SLB") applicable to the CL; 4. The undersigned has not made any improvements, addition's, or modifications to the Premises, as shown on the exhibit, attached hereto and incorporated herein by reference, during the term of the CL, without the advance written consent of the GLO; and 5. The undersigned acknowledges that the SLB and the GLO will rely on the truth of the statements contained herein in issuing the renewal of the CL. In the event that any of the statements herein prove to be untrue, the renewal CL shall be subject to immediate termination, which will require that the undersigned remove all structures from the Premises. GRANTEE: City of Beaumont Signature Printed Name Date ACKNOWLEDGMENT STATE OF § COUNTY OF § This instrument was acknowledged before me on the by City of Beaumont. Notary Stamp day of. (Rotary Signature) Notary Public, State of My commission expires: 20 , Information collected by electronic mail and by web form is subject to the Public Information Act, Chapter 552, Government Code. CL940006 CustomerID: C000025399 pspetsio 2 AppRenewCL_090114 TEXAS GENERAL LAND OFFICE APPLICATION FOR RENEWAL OF COASTAL LEASE NOTES: The application will be reviewed by the GLO Field Office to verify site conditions. Lessee will be advised regarding term length, special conditions, and payment amounts. It will then be submitted to the Texas School Land Board (SLB) for consideration. If approved by SLB, a contract will be prepared and sent to Lessee for signatures. 2. Lessee is advised that in accordance with the easement agreement, unless renewed on a timely basis, hold=over occupancy beyond the expiration date of the easement is subject to increased lease payment amounts. 3. Lessee is advised that in accordance with provisions of the easement agreement, if the agreement is not renewed, all private property and man-made improvements must be removed and the premises returned to pre -easement conditions within 120 days of the expiration date. CL940006 CustomerlD: C000025399 pspetsio 3 AppRenewCL_090114 Walkway Walkway (4 ft. X 49 ft.) Oft: -6 ft. HWM - •► -4 ft. Walkway -3 ft. HWM jF ....... 30 ft V Vay (5 ft. X 89 ft.) E AL 12; 10 FIII .......... Riprap 2.5 ft HWM (4ft. X20ft. ... \ g --- Walkway Walkway (4 ft. X 49 ft.) Oft: -6 ft. HWM - •► -4 ft. Wood bullkheacl Walkway (5 ft. X 13 ft) Neches River Jefferson County River Flow X .....30 ft -6 ft. Wood Approximate State Boundary Collier's Ferry Recreational Area Walkway (4 ft. X 50 ft.) -Aft. Natural shoreline/ Baldcypress trees Approximate State Cattails (Taxodium disficha) Boundary (Typha sp.) -Oft. HWM (5 ft. Fill X 9 ft+0.) �4 ft HWM ......................... Approx. 1,000 ft. (not to scale) ......................... W (D CL Title: City of Beaumont CL940006 Date of Inspection: 04-01-10' Company: Texas General Land Office Creator: Sam Floyd Scale: 1 in. Equals 40 ft. Attachment B -3 ft. HWM jF ....... 30 ft V Vay (5 ft. X 89 ft.) E AL 12; 10 FIII .......... 3 ft. X 84 0, Wood bullkheacl Walkway (5 ft. X 13 ft) Neches River Jefferson County River Flow X .....30 ft -6 ft. Wood Approximate State Boundary Collier's Ferry Recreational Area Walkway (4 ft. X 50 ft.) -Aft. Natural shoreline/ Baldcypress trees Approximate State Cattails (Taxodium disficha) Boundary (Typha sp.) -Oft. HWM (5 ft. Fill X 9 ft+0.) �4 ft HWM ......................... Approx. 1,000 ft. (not to scale) ......................... W (D CL Title: City of Beaumont CL940006 Date of Inspection: 04-01-10' Company: Texas General Land Office Creator: Sam Floyd Scale: 1 in. Equals 40 ft. Attachment B do 2018 Google Google Earth is Google Earth J BEAUMONT - T E X.A.S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Maj dalani, P.E., Public Works Director . MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with Fiberlight LLC for the placement of fiber optic cable in public right-of-way. BACKGROUND Fiberlight LLC has been engaged by Beaumont ISD to provide fiber optic service to 36 school sites. Fiberlight LLC will install a total of 99,220 linear feet of fiber optic'cable across.public right-of-ways. Phase One will include the following 11 Beaumont ISD schools: Martin Elementary, Vincent Middle School,, Pathways Learning Center, Amelia Elementary, Early College High School, Bingman Pre -K, Blanchette Elementary, Caldw6od Elementary, Sallie Curtis Elementary, Fletcher Elementary, and Jones -Clark Elementary. FUNDING SOURCE Fiberlight LLC will pay the City of Beaumont a fee in accordance with Chapter 283 of the Texas Local Government Code. 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 a Public Right -of -Way Use Agreement with Fiberlight, LLC, of Alpharetta, Georgia, for the placement of 99,220 linear feet of fiber optic cable in the public right-of-way at Martin Elementary School, Vincent Middle School, Pathways Learning Center, Amelia Elementary School, Early College High School, Bingman Pre -K School, Blanchette Elementary School, Caldwood Elementary School, Sallie Curtis Elementary School, Fletcher Elementary School, and Jones -Clark, Elementary School with a fee in accordance with Chapter 283 of the Texas Local Government Code. The agreement is 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 3rd day of December, 2019. - Mayor Becky Ames - PUBLIC -RIGHT-•OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Fiberlight LLC: desires to use certain public r ght-of way within the City of Deaumont for the purposes set forth below; and, WHEREAS, it is the position of the City of Beaumont that Fiberlight LLC'. must obtain a license in order to use the public right�of=vvay; and, WHEREAS, the CRY Council Of the City of Beaumont has determined that it is appropriate to make the following agreement with Fiberlight LLC; and, NOW, THFR-F- OIZ; The City of Beaumont, hereinafter called "City" tk and in consideration of the,receipt of good and valuable consideration, as set out more fully, herein, hereby agrees with Fiberlight LLC that Fiberlight LLC may lay, maintain, operate, replace or remove fiber optic and related apputtentant facilities used to provide telecommunications services; includi»g dark fiber for the transportation of cotntnunications (the "system") in, -on, under or across the streets, alleyways a#td .ea. a ents situated in the City of Beaumont, Jefferson County, Texas, as more spe0 ically set out in the petmit dt'awiings and subject to the following conditions: (a) The system shall. be installed in such a manpor as has been approved by the City Engineer 4iid/or the Texas Department of Traiasportatiorr, if applicable, so that the finished installation shall, in no way, interfere with the use of the public streets and alleys by the ptiblie. Perniits shrill be obtained by Fiberlight LLC or Fiberlight LLC contractor fibro the Public Worl;s Department of tho City prior to any installation, maintenance or. removal requiring excavation. (b) The systein shall be buried at a depth of iio less than tl�fty (30) Inches finless otherwise authorized by the City .Engineer and/or the Texas 1 EXHIBIT "A" Department of Transportation, if apl5licable. The system is to be installed a minimum of thirty-six inches (36") below the existing flow, line of the adjacent. drain -no' ditch, when crossing or placed in said dutch. FiberIight LLC will notify the Public Works Department of the City of Beimmont prior to installation of the system imder this agreement, and shall obtain City permits at a cast not to eNceed a one-time charge of `l n Dollars ($10) plus Five Dollars ($5) for each day of contstruction. (c) The installation and o-peiation of the system shall.not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sOWer lines, water lines, or other facilities. (d) The system shall be installed in such a. maimer as to provide a twelve (12) inch vertical clearance told a thirty-six (36) inch horizontal clearance with existing water or sanitary sewer lines. A.11 excavations within the right-of-way shall be back-filled in accordance With City Standards. All surplus niaterial shall be removed From the right - 6f -way - (1) l✓Xcavations necessary for the installation, repair or inaifitenance of the system shall be performed in such a manner .as will, cause the least inconvenience to the public and laiberlight LLC shall promptly restore to as good a condition as before and to the reasonable satisfaction of the City Engineer and/or the Texas Department of Transportation, all streets, alleys, or easements, excavated by it, (g) The system will be. installed in accordance with the druwingg al proved by thi City and to. the spdcifications shich set out. the specific location, depth, method .of construction, etc., of the installation. (h) Construction along rod ways shall be perfortned in such a tmanncr that excavated materials shall create the minimuxni hazard anci ohstructiorn, till property where operations are performed will be restored to original condition or better. The cost of any repairs to road surface, roadbed, strUctuxes or other right-of-vvay features as a result of this installation will be borate by the owner of the system. (i) Any installation which takes place in, on, under, above, or across property which is not owned by the City or not 'a City easement or night -of way shall require additional pekmiss-lon by -the owners) of tb6 property involved. Approval of this license agreement excludes perntissiort"to do any installation on property which is not owned by the City of Beaumont, 0) Barricades, warning signs, lights, and flagmen will be provided and 2 installed in accordance With the Texas Manual of UnBorm Traffic Control Devices - (current, edition) by Fiberlight - LLC contractor when, 111 the OpInkn of the City Engineer,,;, such is necessary .,for the safe installation of the system. Fib6rlight LLC or its contractor will provide sup . . '�rvj' sion'of the work which is knowledgeable in q by r J n the standards referred to alcove. Nothing herein is to be cortstrtiod as prohibiting the use ibeil . ght LLC . or its contractor of additional barricades, warning signs and lights or flagmen as be necessary. In the event Fiberlight LLC or its contractor does not. comply with the barricadingstandiitds, the City Enginea ill V order Fiberlight 'LLC and its contractor to stop work-, but only until compliance is achieved. (k) City reserves the right to. lay and to permit to be laid sewer, gas, water and other pipes gild cables, and to do or permit to be . dobe any municipal underground work that may be deemed to be necessary or proper by City in, across, along, or un.ddr any of the streets, alleys and e.a$enients, and to change any curb or sidewalk or the grade of any of said streets. hi doing or pehilitting any saich work, the City of Beaumont shall not be liable to- Fibeflight LLC. for any darnage occasioned; it 9 Mi119 understood that . nothing herein shall be construed as foreclosing Fiberlight LLC rights to recover daiNgps 'against any contraptor or third party 'Avjio may be responsible fordamages to Fiberlight LLC facilities. - (1) If the City requires Fiberlight LLC to femve� alter, Chan 0 ge, adapt, or conform its Jac lities because of changes in the grade of a'street or In the location or M4�nnqr of constructing a Water pipe, sewer p ve, or other underground or aboveground. structure owned by ille City, -on alternative right-pf-Way provided by the City, Fiberlight LLC shall make . the. alterations of a chan es I g , s soon as practicable when ordered in writing by the City, without claim for reimbursement or damages against the City at no additional.charge to Fiberlight LLQ. If these requirements impose a financial hardship on Fiberlight . LLC, Fiberlight LLCshall have the right to present alternative proposals fqf the City's consideration. I If the City requires Fiberlight LW to ren'16% alter, - bliapke, adapt of confohli its facilities to enable any other corporation or person, except the City, . to use, or to use with greater convenience, any public right -of Way, Fiberlight LLC shall not be required to make any such cha...n.ges until nti. such other coiToratibn or person shall have undertaken, with solvent bond, to reimburse Fiberlight LLC for any loss And Oi?ense which will be caused by or arise out of such removal, -alteration, change, adaptation or conformance of Fiberlight LLC facilities; provided, however, the City shall heyer'be liable for such reimbursements. (m) Fiberlight LLC. shall indemnify, save and held harmless the City of Beaumont from any and all clafins for hijtllles and dawag&s to parso'ns or 3 property. occasioned by or afising 'out of the installation, hiaintenaiiee, operation, repair or renioval of the systein by Fiberlil lit LLC; except to the extent arising frow the sole negligence, or.- Wantop conduct or gross negligence of the City of Beaumont, its employees or agents. Neither party shall be liable to the other for any consequential, special, or Indirect damage hereunder. (n) If the systeiii Or any part thereof histalled by Fiber -light LLC shall be in any respect damaged or injufed by the City car ally public entity in connection with any construction or maintenance of any public facility; Fiberligllt LLC shall not be entitled to prosecute or TllaiTltaln a claitu against lbe City of such public agency unless such damage i pecasioned by the City or suc_li public agencies wanton conduct .or gross negligence, HoWeVer, iiothink contained ' in this paragraph shall, prevent Fiberlight LL(: written iequ69t therefore, which shall include evidence h of such costs. Fibeilight LLC agrees that it shall mark the, location of its system witIIIII seventy-two (7 hours after' receipt Of notification of ptojiosed construction. Fiberlight LLC maintains a toll-free telephone number to be PAlled for location of the system.. Shbuld Fiberlight LLC- fail to locate the system for the City within seventy-two, (72)' hours of request duly acknowledged, Fiberlight LLC shall pay 4 late charge of Five 'Hundred Dbllafs ($500) per day. Iii the event of a dispute concerning Fiberlight LLC audio tape of telephone messages shall -provide proof of notification, Which tapes will be inade aVailable upon request., Alternatively, notice may be, shown by deliVery of a certified ertified letter to Fib.cyliglit LLC. (u) Fiberlight LLC, at no cost to the City, shall keep in the City and make available upon request, complete "as built" drawings dearly sho wing locations and depth of all facilities. Such drawings shall be provided t . o the City within sixty ((0) days after completion pletion of the project. (v) This agreement may not be assigned by Fiberlight LLC to any other company or legal entity the prior Written. appM i Val by the - City of Beaumont's Public Works Director, except that Fiberlight LLC may assign - its, rights and: obligations under this agreement to Fiberlight LLC's pafent, sitbsidiiaiy, affiliate or successor -entity- VOthout such consent, 80 long as the parent; Subsidiary, affiliate or successor (1) assumes all obli&ions 'of Fibeill.glit LLC under this agreement 1 obligations ; M4 (2) is bound to the same extent as Fiberlight UC, and (3) the. City is notified of the assignment within sixty (60) days and is furnished a written document within which the assignee assumes all 6 bligations unuler this license. Said consent by the City shall not be unreasonably withhold. (W) Should any other omp c any . .. or 16gal entity; other than Fibeflight LLC or Fiber -fight UC's parent, subsidiary, affiliate- or successor as authorized in section (v), use the system installed iiii er this afzr�eniejit under ilic rights 9bt8 granted herein without notification of the City of 8eAufnont's Public Works Director, such use shall be a viqlajion of this agreement and Fiberlight LLC will .cease all vise ref th6 System aid the City tray take steps necessary to enforce a cancellation of this agreement,. including removal of some portion or all of the system upoii thirty (3 0) day's w -Itten . . y - I Y Notice to Fiberlight LLC, itscsubsldiaries, affiliAtds or successors. Tho City 'shall give Viberlight LLC written notice 'e of any violation of this agreement, if Fiberlight LLC fails to correct such violations within sixty (60) days of such notice, this 5 agreement .shall be immediately ternfhaaied upon Saki sixtieth day. Any notice to be given hereunder by either party to the other niay be af{ected eltber by personal delivery. in writ ng or by registered or certified nail, postage prepaid with return receipt requested, Mail notices snail be addressed to the addresses of the parties as follows: City of 13eatunont Public W(rk.9 Department PO Box 3827 Beaumont; Texas 7-7704 (409) 880Q3725 k'iberlight LLC LLC 11700 Great Oaks Way Suite 100 Alpharetta, GA 30022 (727) 919-6005 NOTICE PURSUANT TO PAPAdRAPl "S" SHALL BE GIVEN AS FOLLOW: The above -:Mated addresses maybe changed to such addresses as the parties may from thue to time designate by written notice. COAIM61 Cement of work oil. the fiber optio Systenx by Fiberlight LLC'. after the date of this agreement shall be. construed as evidence of riberlight LLC. acceptance and approval of the conditions above set forth. This agreement shall be governed by and construed in accordance with the laws of the State of Texas, including, but not limited to Chapfef 283 of the Texas Government Code, This agreement eiubodies the entire agreement between the patties Hereto and 'supersedes all prior agree i.ents and understandings; if any, relating to the matters addressed herein. This agreement illay be amended or supplemented only by a written instrument executed by Moth parties. iIN`I'I NTIONAL.LY LEFT 1311�N ' ' r� d IN WITNE sS WHEREOF, the City of Beaumont, Texas, leas catised these presents to be sighed by its City Manager and the seal of the City to be Herewith affixed by the City Clerk, this day of -- _ , 2019, ATTEST-. City Clerk ATTEST: Randall J Gavard Corporate Counsel Flberl.lght, LLC 7 CITY OF BE' A MON T ley:... _ - Kyle Mayes, City Manager FI BRULIGII')i LLC &7Z - Don MacNeil Title: Chid€Executive Officer K BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Brittney Marble, Individually and as Next Friend on Behalf of Minor, M.C. v. City of Beaumont, Texas; Cause No. E-203,689. BACKGROUND The lawsuit styled Brittney Marble, Individually and as Next Friend on Behalf of Minor, M.C. v. City of Beaumont, Texas; Cause No. E-203,689, was presented and discussed in Executive Session held on November 5, 2019. The City Attorney is requesting authority to settle this suit in the amount of $25,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Brittney Marble, Individually and as Next Friend on Behalf of Minor, M.C. v. City of Beaumont, Texas; Cause No. E-203,689, was discussed in Executive Session properly called and held Tuesday, November 5, 2019; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; 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 Attorney be, and he is hereby, authorized to settle the matter of Joseph Thomas Rye in the lawsuit styled Brittney Marble, Individually and as Next Friend on Behalf of Minor. M.C. v. City of Beaumont, Texas; Cause No. E-203,689, for the sum of Twenty -Five Thousand and XX/100 Dollars ($25,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. 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 3rd day of December, 2019. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 3, 2019 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognitions Public Comment: Persons may speak on scheduled agenda items 6-10/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider a request for a rezoning from A -R (Agricultural - Residential) and RS (Residential Single - Family Dwelling) to GC -MD -2 (General Commercial — Multiple Family Dwelling - 2) District, and a Specific Use Permit to allow retail and climate controlled storage located at 4515 N. Major Drive 2. Consider a request for a Specific Use Permit to allow an RV (Recreational Vehicle) park in an LI (Light Industrial) District located just northeast of Lakeway Drive along the eastbound Interstate Highway 10 Feeder Road 3. Consider a request for a Specific Use Permit to allow a dental office and professional office space in an PUD (Planned Unit Development) District located at 6330 Delaware Street 4. Consider a request for a Specific Use Permit to allow a duplex in an RS (Residential Single - Family Dwelling) District located at 8575 Highway 105 5. Consider a request for a Historic -Cultural Landmark designation for property located at 140 E. Threadneedle Street 6. Consider a resolution authorizing the City Manager or his designee to apply to FEMA to participate in the Public Assistance Alternative Procedures for Permanent Work Pilot Program 7. Consider a resolution authorizing the purchase of five grapple trucks for use in the Solid Waste Department Consider an ordinance authorizing the suspension of the effective date of CenterPoint Energy's proposed rate increase until February 12, 2020 9. Consider a resolution to adopt City Council Procedures and Decorum Policy in the conducting of its business 10. Consider an ordinance granting a new solid waste franchise agreement with Superior Waste Solutions, LLC , WORK SESSION COMMENTS Review and discuss receiving Federal Highway Administration funds (Emergency Relief Funding from Hurricane Harvey) for the asphalt overlay of six streets within defined sections Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters EXECUTIVE SESSION * A closed session or public hearing to consider matters related to the duties of a public officer in accordance with Section 551.074 of the Government Code to wit; specifically: Councilmember Michael D. Getz 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. 1 December 3, 2019 Consider a request for a rezoning from A -R (Agricultural - Residential) and RS (Residential Single - Family Dwelling) to GC -MD -2 (General Commercial — Multiple Family Dwelling - 2) District, and a Specific Use Permit to allow retail and climate controlled storage located at 4515 N. Major Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a request for a rezoning from A -R (Agricultural - Residential) and RS (Residential Single - Family Dwelling) to GC -MD -2 (General Commercial - Multiple Family Dwelling - 2) District, and a Specific Use Permit to allow retail and climate controlled storage located at 4515 N. Major Drive. BACKGROUND Phuc Nhat Le is requesting rezoning and a Specific Use Permit to allow retail and climate controlled storage at 4515 N. Major Drive. The proposed development would consist of 21,000 square feet of storage and 24,505 square feet of retail space. Properties to the north and to the east, across N. Major Drive, are zoned GC -MD or GC -MD -2 (General Commercial - Multiple Family Dwelling - 2). A large number of apartments have been, or are in the process of being constructed in this area. General retail and storage are both encouraged in such areas. Any other uses would require a subsequent Specific Use Permit once the property has been rezoned to GC -MD -2. At a Joint Public Hearing held on November 18, 2019, the Planning. Commission recommended . 6:0 to approve the request for a rezoning from A -R (Agricultural - Residential) and RS (Residential Single - Family Dwelling) to GC -MD -2 (General Commercial - Multiple Family Dwelling - 2) District, and a Specific Use Permit to allow retail and climate controlled storage located at 4515 N. Major with the following condition: 1. The Fire Department approves the site plan. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. The Fire Department approves the site plan. APPLICATION FOR AMENDMENT OF THE aZ��--ONIT���G ORDINANCE BEAd MO1�7.119 TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: APPLICANT'S PHONE #: �� /®� _ ff�� �� FAX #: NAME OF OWNER: ADDRESS OF OWNER: . L �/) ri�e t1 Gi r't Z M,+,� 7 T7 2 C LOCATION OF PROPERTY: C by. ��� � � Safi, --�—�3 LEGAL DESCRIIPTION OF PROPERTY: LOT N0. OR TRACT le BLOCK NO. PLAT'_��--L-`�� ADDITION SURVEY P L G S �Lpu NUMBER OF ACRES NUMBER OF ACRES A - For properties not in a recorded subdivision, submit a copy of a current surveyor plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: Pi - R / RK -14 ZONING DISTRICT REQUEkTED:_ �iC- AD - Z HAS THE REQUEST BEEN MADE BEFORE?�0 1F SO, DATE:_ 1Q'A ACTION:_ N I A SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE ..................................... ......$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES ......... :...$450.00 5 ACRES OR MORE ...................................... >�............ .;k ... $650.00 I HEREB Y ACKNOWLEDGE THAT THE APPLICA' DISTRICT. SIGNATURE OF APPLICANT: SIGNATURE OF OWNER (IF NOT APPLICANT): ,,t PLEASE TYPE OR PRINT AND -SUBMIT TO: FILE NUMBER: j `--�r. jp DATE RECEIVED: akc% RECEIPT NUMBER: DISTRICT ORA MORERESTRICTIVE TE:_ �� �� 1 �%e Zl� PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409)880-3764 FAX (409) 880-3133 SPECIFIC USE PERMIT APP LIIcCATI ON BEAUMONT, TEXAS (Chapter 30, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME:. -' APPLICANT'S ADDRESS: Ill 6 4_. G� /.tLljn0Vl, PV/_' —r --T---= APPLICANT'S PHONE A ne"t Z m —:z�2S FAX #: NAME OF OWNER I ✓ (1c t. kat L a ADDRESS OF OWNER: 4"O �'�3 0 e_ LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITION NUMBER OF ACRES OR TRACT PLAT / SURVEY_D_- � cs-' rz NUMBER OF ACRES / o r .1: 0 A � For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: 72e+i tk (61mb (� Cef Z-/ �0ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE ALAN drawn to scale with the infonriation listed on the top back side of this sheet. ATTACH A REDUCED 8 %Z" 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. ?LEASE ADDRESS EACH CONDITION IN DETAIL. ATTACK THE APPROPRIATE APPLICATION FEE: LESS THAN V2 ACRE. ..................$250.00 '/z ACRE OR MORE AND LESS THAN 5 ACRES ........... ;....... $450.00 5 ACRES OR MORE.................................................................$650.00 I, being the undersigned applicant, understand areas depicted on the site plan shall be adhey SIGNATURE OF APPLICANT: SIGNATURE OF OWNER: dimensions, building sizes, landscaping and parking rowed by City Council. DATE: NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: Zeck 7 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 kk*�#��:T�#����:�*#kT*kk���:k#T*rm��#•xx#*����t�; apt:k:�x�*�k�TT#�:�X#r*�:#*#�#*mk� k#�;:k*#T��:�#��:�:k�****mTk*mT#�=I:�*k� PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Phuc Nhat Le, Property Owner Citrus Plaza, 4515 N Major Drive Beaumont, TX 77713 September 27, 2019 The proposed retails and climate control storage project will be 5 pre-engineered metal buildings at 5000 sf each, plus their various architectural aesthetics. We will provide total management of the property with onsite/offsite staff and 24-hour video surveillance at climate control area and at each retail building and any additional assistance if need be. The site will be fenced on all 3 sides at 8' as per code and will provide the camera and security systems for monitoring the premises. We had a pre -development meeting with the City staff on 09/26/19 to discuss all requirements and compliance with the building code, fie, public works, dd6 and water utilities. All those comments we received during our meeting will be implemented into our design phase for construction permitting. The property is located in the flood "X". All structures will be constructed a minimum of 18" inches above the Base Flood Elevation or be flood proofed to 18" inches above the Base Flood Elevation per City requirements. We would like to start the project in the Spring 2020 with ground break and construction. Our goal when approach this project is to use excellent quality and safe/effective workmanship in accordance to the city ordinance. We believe this will help to catapult economic growth and development in these communities. We truly believe in ourselves and the people that we serve in these communities that they too would have an extraordinary experience when they visit our.. shopping plaza and climate control facilities. Thank you so much for this wonderful opportunity to be a part of this great community and the; City of Beaumont. Looking forward to hearing a positive approval on this proposed development. -- "Welcome to Citrus Plaza!" Sincerely, SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED. Please explain how the proposed project will comply with each of these conditions in your application: o That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; The management team as well as the responsible parte of the proposed project will be unequivocally committed and complied to all the building regulations and safety standards set forth by the city upon approval of permit. In addition to providing much needed services/resources, our management team will also be faithfully committed to future business growth at various capacity that would help in the social and economic transformation of this landscape, thus leading to appreciation of values of our property as well as for those properties and businesses in the proximal vicinity. o That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The objective of the proposed retails & climate control storage is to primarily provide and fulfill essential resources/services recognized by the surrounding communities. In the event of future growth and expansion, everything will be done in accordance to city ordinance requirements as to avoid any potential impediment of progress in development of nearby properties and/or businesses. o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The ploposed site will be designed by license professional engineer in state of Texas which will provide adequate drainage calculation with detention pond and outfall discharge point as per drainage study. All the private utilities will comply with the plumbing codes requirements and 8" C-900 waterline extension within the proposed 10' exclusively waterline easement and provide -fire hydrant as per fire code. All roadways will be 6" reinforced concrete pavement with drainage and grading design. o 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 proposed retails & climate control storage will be designed for all safety requirements of TxDot drainage criteria, one or two 36' wide entrance and radii to meet the guidelines and provide safety ends at each side of driveway. All roadways are design for 20' wide fire truck accessibility with all turning radii of 25' as shown on site plan. o That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The proposed retails and climate control storage will be regulated by the property management team, as part of their job descriptions, will be monitoring the site for QA/QC of physical appearance and cleanliness. The duinpster provided with enclosure doors and fenced surrounded with shrubs. There will be guideline and brochure for not littering and map of the site for duinpster location. Since there are no dirt roadways, dust will not be issue. If any noise or vibration noted at the site, the tenet will be notified for warning. o That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; The proposed retails and climate control storage will have the sign and light for directional as per City ordinance requirement. All the lighting system at the site will be LED with proper design luminis to not disturb or affecting neighboring properties. o That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and The proposed retails and climate control storage will have the 6' landscape buffer in front of property with shrubs at 24" C -C and trees at 25' apart per City ordinance and 1" water meter irrigation with RPZ in cage. o That the proposed use is in accordance with the Comprehensive Plan. The proposed retails and climate control storage will be designed and as per all City of Beaumont Codes, Ordinance, TxDot, DD6 and County. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED A -R (AGRICULTURAL - RESIDENTIAL) DISTRICT AND RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED AT 4515 N. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned A -R (Agricultural -Residential) District and RS (Residential Single Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 4515 N. Major Drive, being Plat RS -5, tracts 5, 5A, 6 & 17, D. Easley Survey, Abstract 20, Beaumont, Jefferson County, Texas, containing 5.35 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. 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 3rd day of December, 2019. - Mayor Becky Ames - 2399-Z/P: Request for a Rezoning from A -R (Agricultural -Residential) and RS (Residential Single - Family Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District, and a Specific Use Permit to allow a retail and climate controlled storage. Applicant: Phuc Nhat Le Location: 4515 North Major Drive 100 200 300 400 1 1 1 1 Feet lel CArlltill "A" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL AND CLIMATE CONTROLLED STORAGE FACILITY IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING - 2) DISTRICT LOCATED AT 4515 N. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Phuc Nhat Le has applied for a specific use permit to allow a retail and climate controlled storage facility in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located at 4515 N. Major Drive, being Plat RS -5, Tracts 5, 5A, 6 & 17, D. Easley Survey, Abstract 20, Beaumont, Jefferson County, Texas, containing 5.35 . 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 retail and climate controlled storage facility in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located at 4515 N. Major Drive, subject to the following condition: ;and, • The Fire Department approve the site plan WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a retail and climate controlled storage 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 retail and climate controlled storage facility in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located at 4515 N. Major Drive, being Plat RS -5, Tracts 5, 5A, 6 & 17, D. Easley Survey, Abstract 20, Beaumont, Jefferson County, Texas, containing 5.35 acres, more or less, as shown on Exhibit 'A" attached hereto is hereby granted to Phuc Nhat Le, 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 condition: • The Fire Department approves the site plan. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December, 2019. - Mayor Becky Ames - 2399-Z/P: Request for a Rezoning from A -R (Agricultural -Residential) and RS (Residential Single- N Family Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District, and a Specific Use Permit to allow a retail and climate controlled storage. Applicant: Phuc Nhat Le Location: 4515 North Major Drive 0 100 200 300 400 1 1 1 1 1 1 Feet EXHIBIT "A" ML oil §Il 3 1' I Typical Dry & Climate Control Storage v. ,w m FF HW -L_�_ CE—te Ca IrOV Dry Slorage Area -PHASE 0 w—L1NEE 9:I tr.vn.V �. rwrYlPnas ;I VICINITY MAP 4.981 Acres (called 5.041 ac.) Vergil Ray Rutledge 2.818 acres CCFr 9404745 OPRJCT To ____ 1' I m •®• f ■ FTaim a� Typical Retail SCALE: I /32"= 1'-0" �� � I ❑ O ❑ RekO Area -PHASE 1 O I r Fri;_ — _ _ _ _ _ _ 3 IN 00°06'iP W 157.277 N0;i'SB31 W 157.27 —ss—a—a n—zt—ss a�a zz——zt—ss— MAJOR DRIVE a I LANDSCAPE CALCULATIONS PLANT SCHEDULE FIRE HYDRANT & WATERLINE REQUIRED PARKING= ACRES % IPI CLASS g d - Fire HydrantsAppro.160011 a1 135 SPACES F �.,yq 3 I GREENSPACE: 1.728 34.28°% @��yV PARKING PROVIDED 1 I - Is One- Lopped line le 3.3 IMPERVIOUS: 13 65.72% ,-4 i U�-- E e.•g ■ -- ADA SPACES = 6 mrei crecFs=see saecac RI TOTAL' 1 5.041 1 100% EXISTING ammn '1f. I Vergil Ray Rutledge 2.818 acres CCFr 9404745 OPRJCT To ____ 1' I m •®• f ■ FTaim a� Typical Retail SCALE: I /32"= 1'-0" �� � I ❑ O ❑ RekO Area -PHASE 1 O I r Fri;_ — _ _ _ _ _ _ 3 IN 00°06'iP W 157.277 N0;i'SB31 W 157.27 —ss—a—a n—zt—ss a�a zz——zt—ss— MAJOR DRIVE acinus PLAZA —CSI _°t�_ Concept Site Plan A-1 ABSTRACT NO. 20 1515 Malar Drive Beoumont, Texas JEFFERSON COUNTY. TEXAS EXHIBIT LLB» PARKING CALCULATIONS LANDSCAPE CALCULATIONS PLANT SCHEDULE FIRE HYDRANT & WATERLINE REQUIRED PARKING= ACRES % CLASS g d - Fire HydrantsAppro.160011 a1 135 SPACES GREENSPACE: 1.728 34.28°% dn-Water PARKING PROVIDED SHRUBS Q One- Lopped line STANDARD SPACES = 138 3.3 IMPERVIOUS: 13 65.72% ADA SPACES = 6 mrei crecFs=see saecac TOTAL' 1 5.041 1 100% EXISTING ammn '1f. acinus PLAZA —CSI _°t�_ Concept Site Plan A-1 ABSTRACT NO. 20 1515 Malar Drive Beoumont, Texas JEFFERSON COUNTY. TEXAS EXHIBIT LLB» 2 December 3, 2019 Consider a request for a Specific Use Permit to allow an RV (Recreational Vehicle) park in an LI (Light Industrial) District located just northeast of Lakeway Drive along the eastbound Interstate Highway 10 Feeder Road BEAUMONT TEXAS TO: City Council FROM: Kyle.Hayes, City Manager 41s a PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an RV (Recreational Vehicle) park in an LI (Light Industrial) District located just northeast of Lakeway Drive along the eastbound Interstate Highway 10 Feeder Road. I : _.TSTMO 9 9 i]�1' LaMonica, Ltd., to be D.B.A. as I-10 Lakeway RV Resort, is requesting a Specific Use Permit to allow an RV (Recreational Vehicle) park just northeast of Lakeway Drive along the eastbound Interstate Highway 10 Feeder Road. The proposed RV Resort will consist of 150 pad sites with 50 AMP electrical and 4" sewer connections. The rental office will be staffed and open for business 24 hours per day. At a Joint Public Hearing held on November 18, 2019, the Planning Commission recommended 6:0 to approve the request for a Specific Use to allow an RV (Recreational Vehicle) park in an LI (Light Industrial) District located just northeast of Lakeway Drive along the eastbound Interstate Highway 10 Feeder Road with the following conditions: 1. RV pad sites must meet ordinance requirements for size and setbacks. 2. Each RV site must provide an off-street parking space. 3. A minimum of two (2) men's and two (2) women's or four (4) unisex restrooms and showers shall be provided. 4. Park shall be surrounded by an eight (8) foot tall solid, permanent screening fence. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: RV pad sites must meet ordinance requirements for size and setbacks. 2. Each RV site must provide an off-street parking space. 3. A minimum of two (2) men's and two (2) women's or four (4) unisex restrooms and showers shall be provided. 4. Park shall be surrounded by an eight (8) foot tall solid, permanent screening fence. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: LaMonica, Ltd to be DBA as 1-10 Lakeway RV Resort APPLICANT'S ADDRESS: P.O. Box 3111, Beaumont, Texas 77704-3111 APPLICANT'S PHONE #: 409-832-2521 FAX #: 409-832-6927 NAME OF PROPERTY OWNER: LaMonlca, Ltd ADDRESS OF PROPERTY OWNER: P.O. BOX 311, 1, Beaumont, Texas 77704-3111 LOCATION OF PROPERTY: 1-10 Feeder Road east of Lakeway Drive, Beaumont LEGAL DESCRIPTION OF PROPERTY: LOTNO. SEE Attached. BLOCK ADDITION NUMBER OF ACRES OR TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: RV Park & Resort ZONE: 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%1' 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. ATTACHTHE APPROPRIATE APPLICATION FEE: LESS THAN %2 ACRE .................................................................$250.00 %2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE._................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amend approved by Cly Council. /4 SIGNATURE OF APPLICANT: � � !� naT�• —2A/ —� SIGNATURE OF PROPERTYOWNER:�' / DAA; e,< P 2• PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER: /403—P BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. LaMonica Ltd. P.O. Box 3111 Beaumont, Texas 77704-3111 409-832-2521 JCbroussard@bmtricemills.com I-10. Lakeway RV Resort Beaumont, TX October 25, 2019 The proposed RV resort project will contain 150 pads, a swimming pool and lakefront views. We will provide total management of property with manager on site and staff at 24 hours for traveler's assistant. Each RV pad will have a state of art pedestal with utility connections, water, 50 AMP electric & internet WiFi at location. There is a 4" sewer connection for each RV at designated location within the 5' grass area. The site will be fenced on all sides (except that area fronting the lake) and provide camera and security systems for monitoring. The office will be facing north by I-10 side to monitor the site and visible activities of traffic in and out. All structures will be constructed with a minimum of 18" inches above the Base Flood elevation or be flood proofed to 18" inches above the Base Flood Elevation. In addition, all electrical hook- ups will be at least 18" inches above the Base Flood elevation. All sewer hook-ups will be designed so they can be completely sealed in the case of a flood. We would like to start the project in Summer 2020 with ground break and construction. Our goal is to approach the travelers with good quality of service, enjoyment of park with amenities that are designed to provide the high-end experience in Beaumont, Texas. Because of our close proximity to Ford Park amenities, Football Stadium and multiple restaurants we will be able to provide the best access and experience to travelers stopping over or visiting Beaumont. Sincerely, 6? &V,fz� President of the GP SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED. Please explain how the proposed project will comply with each of these conditions in your application: o That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; The proposed RV Resort will be regulated by the property management team and will be kept up as day one and will provide superior services and ensuring that making travelers stay with us as enjoyable as possible. o That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The proposed RV Resort will be constructed and exceed the minimum requirement of City of Beaumont ordinance. There will be 8' wood fence around the property. There will be a playground for kids with chain link fence, dog yard area along with picnic area with BBQ pit. The site will provide access to a 40 -acre lake which will add aesthetic and recreational value to the customers. The site will be regulated by City ordinance noise control within time requirement. There will be site security cameras at all site. Light poles provided at 100' within the roadway. All roadway will be concrete pavement with markings. The dumpster is located by the entrance with landscape shrubs and enclosure doors. o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The proposed RV Resort will be designed by license professional engineer in state of Texas which will provide adequate drainage calculation with detention pond and outfall discharge point as per drainage study. All the private utilities will comply with the plumbing codes requirements and tie into nearby Sewer Line and 20" PVC waterline along the 1-10 frontage road. The Resort will provide fire hydrants as per fire code. All roadways will be 6" reinforced concrete pavement with drainage and grading design. o 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 proposed RV Resort will be designed for all safety requirements of TxDot drainage criteria, one 40' wide entrance and radii to meet the guidelines and provide safety ends at each side of driveway. There will be stop sign at the exit entering to IH -10 Service Road. All road ways are design for 20' wide fire truck accessibility with all turning radii of 25' as shown on site plan. There will be 64 guest parking spaces. o That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The proposed RV Resort will be regulated by the property management team, as part of their job descriptions, will be monitoring the site for QA/QC of physical appearance and cleanliness. The dumpster provided with enclosure doors and fenced surrounded with shrubs. There will be guideline and brochure for not littering and map of the site for dumpster location. There will be a guideline for cooking in designated area and BBQ pit location. Since there are no dirt roadways, dust will not be issue. If any noise or vibration noted at the site, the tenet will be noted for warning. o Than directional lighting will be provided so as not to disturb or adversely affect neighboring properties; The proposed RV Resort will have the sign and light for directional as per City ordinance requirement. All the slighting system at the site will be LED with proper design luminous to not disturb or affecting neighboring properties. o That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and The proposed RV Resort will have the 6' landscape buffer in front of property with shrubs at 24" C -C and trees at 25' apart per City ordinance and 1" water meter irrigation with RPZ in cage. o That the proposed use is in accordance with the Comprehensive Plan. The proposed RV Resort will be designed and as per all City of Beaumont Codes, Ordinance, TxDot, DD6 and County. 1 I I I I � 1 , 1 I SURVEYORS NOTES ' aarova ®""�wm m v.0 v�rs® morn �. s"m ��. vm arsm� r SIfEETTE .. .. . 3737 D«tora Drt.T s Ol P-tAdh-J— 77642 TO.409.983.2004 PROJEU SURVEYORS & ENGINEERS Fmr.409.983.2005 am�no®v' Pnoi'®roxu. utro mmereR xo. e.et awtenurvayarsmm .. emel Surras W ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE (RV) PARK IN AN LI (LIGHT INDUSTRIAL) DISTRICT LOCATED JUST NORTHWEST OF LAKEWAY DRIVE ALONG THE EASTBOUND INTERSTATE HIGHWAY 10 FEEDER ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, LaMonica, Ltd. d/b/a 1-10 Lakeway RV Resort has applied for a specific use permit to allow a recreational vehicle (RV) park in an LI (Light Industrial) District just northeast of Lakeway Drive along the eastbound Interstate Highway 10 Feeder Road, being Plats SP -9 & B-19, Tract 24, S. Strivers Survey, Abstract 51; Lots 19-20, Block 3 and Lots 19-20, Block 4, Beaumont Citrus Fruit Gardens Addition; the south 2/3 of Lot 3, Block 1, C.E. Smith Addition, Beaumont, Jefferson County, Texas, containing 41.37 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 recreational vehicle (RV) park in an LI (Light Industrial) District located just northeast of Lakeway Drive along the eastbound Interstate Highway 10 Feeder Road, subject to the following conditions: • RV pad sites must meet ordinance requirements for size and setbacks; • Each RV site must provide an off-street parking space; • A minimum of two (2) men's and two (2) women's or four (4) unisex restrooms and showers shall be provided; • Park shall be surrounded by an eight (8) foot tall solid, permanent screening fence ;and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a recreational vehicle (RV) park 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 recreational vehicle (RV) park in an LI (Light Industrial) District located just northeast of Lakeway Drive along the eastbound Interstate Highway 10 Feeder Road, at 3430 Concord Road, being Plats SP -9 & B-19, Tract 24, S. Strivers Survey, Abstract 51; Lots 19-20, Block 3 and Lots 19-20, Block 4, Beaumont Citrus Fruit Gardens Addition; the south 2/3 of Lot 3, Block 1, C.E. Smith Addition, Beaumont, Jefferson County, Texas, containing 41.37 acres, more or less, as shown on Exhibit 'A" attached hereto is hereby granted to LaMonica, Ltd. d/b/a 1-10 Lakeway RV Resort, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • RV pad sites must meet ordinance requirements for size and setbacks; • Each RV site must provide an off-street parking space; • A minimum of two (2) men's and two (2) women's or four (4) unisex restrooms and showers shall be provided; • Park shall be surrounded by an eight (8) foot tall solid, permanent screening fence. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December, 2019. - Mayor Becky Ames - 2403-P: Request for a Specific Use Permit to allow an RV (Recreational Vehicle) park in an LI (Light Industrial) District. Applicant: LaMonica, Ltd. to be dba Lakeway RV Resort Location: Northeast of Lakeway Drive along the IR -10 Feeder Road 0 500 1,000 Feet EXHIBIT "A" 3 / \ / I 0 If If If �3 ,n, \0 00 d o I ww I r ° If \ ° 0 0 0 0 0 0 °° oo� TOTAL RV SPACES = 150 ; !' TOTAL GUEST PARKING SPACES = 64 r I � I l crce- aRwr oAir x LAKEVIEW RV RESORT FOR REVIEW I0-21-19 © �P�a°TM°m'a��°' ORAMN OMJ C$ 1 LAXVIEW RV RESORT O�IXR1 BY: INTERSTATE HIGHWAY IO APPRO4E0 BY: BEAUMONT• TEXAS 77705 1 1 3 December 3, 2019 Consider a request for a Specific Use Permit to allow a dental office and professional office space in an PUD (Planned Unit Development) District located at 6330 Delaware Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a dental office and professional office space in an PUD (Planned Unit Development) District located at 6330 Delaware Street. BACKGROUND SKSB Realty, L.L.C. is requesting a Specific Use Permit to construct a new dental office at 6330 Delaware Street. The new 8,000 square foot building would accommodate two (2) 4,000 square foot offices. One is to be used as a dentist office, the other is to be used as professional office space. All necessary utilities are available and the proposed parking is sufficient for the proposed uses. The perimeter landscaping along Delaware Street must include a three (3) foot high screen comprised of a wall, solid fence, berm or plant material. In addition, one class A or two (2) class B trees are required for each twenty-five (25) linear feet or fraction thereof for the parking lot's entire length. At a Joint Public Hearing held on November 18, 2019, the Planning Commission recommended 5:0:1 to approve the request for a Specific Use Permit to allow a dental office and professional office space in an PUD (Planned Unit Development) District located at 6330 Delaware Street with the following condition: 1. Landscaping must meet the requirements of the Landscaping Ordinance. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. Landscaping must meet the requirements of the Landscaping Ordinance. SPECIFIC USE FERNHT APPLICATION BEAUMONT, TEXAS (Chapter 30, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME:_ -SKS QecdLI-e- APPLICANT'S ADDRESS: Lre A &att PAM'/_ I TY m % -7 -70f APPLICANT'S PHONE #: 1-7, _16 10 q-7 2- FAX #: NAME OF OWNER: .R l N 1 VA:!� kO DA L I ADDRESS OF OWNER: :5 [S S7 e ho LOCATION OF PROPERTY: LEGAL DESCRIPTION'OF PROPERTY: LOT N0. BLOCK NO. ADDITION NUMBER OF ACRES e -- —1'770'6 PLAT j/ I r SURVEY VeZ M��'"'I h/1! S 44649,&:2 NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: 6 g o "_ ZONE: 1P Ory 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 V? 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 V2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan sha ered to a en nd pproved by City Council, SIGNATURE OF APPLICANT: DATE: SIGNATURE OF OWNER: (IF NOT APPLICANT) DATE: PLEASE TYPE OR PRINTT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER: 2`ilY J ® P BEAUMONT, TX 77701 DATE RECEIVED: J,u—g�j--r—1 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. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DENTAL OFFICE AND PROFESSIONAL OFFICE SPACE IN A PUD (PLANNED UNIT DEVELOPMENT) DISTRICT LOCATED AT 6330 DELAWARE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, SKSB Realty, L.L.C., on behalf of Sriniras Kodali, has applied for a specific use permit to allow a dental office and professional office space in a PUD (Planned Unit Development) District located at 6330 Delaware Street, being Plat SP -1, D-26 Tract 54-B-17, Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, containing 1.00 acre, 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 dental office and professional office space in a PUD (Planned Unit Development) District located at 6330 Delaware Street, subject to the following condition: ;and, Landscaping must meet the requirement of the Landscaping Ordinance WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a dental office and professional office space 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 dental office and professional office space in a PUD (Planned Unit Development) District located at 6330 Delaware Street, being Plat SP -1, D-26 Tract 54-B-17, H. Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, containing 1.00 acre, more or less, as shown on Exhibit "A," attached hereto is hereby granted to Sriniras Kodali, 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 condition: • Landscaping must meet the requirements of the Landscaping Ordinance. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December, 2019. - Mayor Becky Ames - S, A y TZ 'Ti r� all NK, IX �-z_ MAY;' 6-z OF :2i P-1 P -vv 7 T - ,*I L.XJ V.".' 4 q7 a- M�Wll lZI NK, IX �-z_ MAY;' 6-z OF :2i P-1 P -vv 7 T - ,*I L.XJ V.".' 4 q7 IOT TO 9E USED. IN WHOLE 4 DELAWARE STREET N SITE PLAN IR IN PART. FOR ANY OTHER PROJECT WITHOUT THE WRITTEN AUiHORIZNTION OI EXHIBIT "B" SHT 2015 d ' C , t• Q U A L U Q j akMFL TEJ.AS REtra2lza DUE 10/27/2019 THS DOOWU W9'NOT BE UM) FOR tVN& ZW�OR W1✓SOEICIDN IPM GATE I ENCLOSURE • M@ 10/27/2019 RIS DDCLU M WY NOT � USD FOR BGONC, COlblH1C11Q1 FUwosm DEPARTUENT E 4ECT10N m` U � Z J J J $ U J � UIE REP. CNIL �— Z W ccn e 0 ISSUED FOR SCHEMATIC DESIGN El DATEi6H9k019 DESIGN.DF4ROPMENT Q DATE 6/1k019 SIDS&CONSTRUCTION x� DATE 10MB12019 REVISION: DATE REVISIGN: DATE REVISION: DATE DRAWINGS SHEETTITLE SITE PLAN SHEET NUMBER A001 1936 October 25, 2019 Ron Cleveland Construction Company, I.I.C. 6310 Delaware Beaumont, Texas 77706 (409) 347-0870 roncieveland@att.net Description of Property Use The proposed building located at 6330 Delaware will be a 8,000 square feet building with 4,000 square feet as a dental office and 4,000 square feet as professional office space including parking lot, landscaping and all required requirements for the facility Sincerely, Ron Cleveland Architectural Alliance,lnc. October 25, 2019 In accordance with Section 30-26.E of the Zoning Ordinance, the following Eight Conditions will be met: 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. 2. The establishment of the specific use will not impede the normal and orderly development of surrounding vacant properties. 3. Adequate utilities, access roads, drainage and other necessary supporting facilities will be provided, and have been reviewed with the City of Beaumont prior to the request for this specific use permit. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular pedestrian traffic without adversely affecting the general public or adjacent development. This has been reviewed with the City of Beaumont prior to the request for this specific use permit. 5. Adequate nuisance prevention measures will be taken care of to prevent or control offensive odor, fumes, dust, noise and vibration. 6. Directional lighting will be provided so as to not disturb or adversely affect neighboring properties. 7. Sufficient landscaping and screening will be provided in accordance with the City of Beaumont Landscape Ordinance, and will insure harmony and compatibility with the adjacent property. 8. The proposed use as a commercial development is in accordance with the City of Beaumont Comprehensive Plan. Respectfully Submitted, Ronald M. Jones, AIA President 350 Pine Street, Suite 720 409.866.7196 Ronald M. Jones, AIA Beaumont, Texas 77701 www.architectall.com J. Rob Clark, AIA DocumenU Page 1 of 1 11 December 3, 2019 Consider a request for a Specific Use Permit to allow a duplex in an RS (Residential Single - Family Dwelling) District located at 8575 Highway 105 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 00 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 3, 2019 REQUESTED'ACTION: Council consider a request for a Specific Use Permit to allow a duplex in an RS (Residential Single - Family Dwelling) District located at 8575 Highway 105. BACKGROUND Jeff Akhtar is requesting a Specific Use Permit to allow a duplex at 8575 Highway 105. The approximately 5,000 square foot building would be divided equally into two (2) residences. Although the property is surrounded by single family homes in an RS (Residential Single -Family Dwelling) District, it is located on a busy major arterial. Therefore, staff finds low density multi -family development to be acceptable for this location. At a Joint Public Hearing held on November 18, 2019, the Planning Commission recommended 6:0 to approve the request for a Specific Use to allow a duplex in an RS (Residential Single - Family Dwelling) District located at 8575 Highway 105. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. SPECIFIC USE PEIdl UT APPLICATION BEAUMONT, TEXAS (Chapter 30, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: c 7�..4Kk - APPLICANT'S ADDRESS:l�ZY�� o(s4/�N,Q,D ��yN 777A3 APPLICANT'S PHONE #: F'®,9- 330 A'V00 FAX #: NAME OF OWNER: sty- d' ADDRESS OF OWNER: JiMC' LOCATION OF PROPERTY: SJr%S���°jO� �%d'• 0,? LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR TRACT. ice►PLAT NUMBER OF For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: &APZZf'� ZONE: rl -�5 ATTACH A LETTER describing all processes andactivities 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: LESSTHAN %Z ACRE.................................................................$250.00 ACRE OR MORE AND LESS THAN 5 ACRES...........:.......$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be dheredWasaV4 d and approved by City Council. SIGNATURE OF APPLICANT: DATE: ,Z4 SIGNATURE OF OWNER: (]F NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 0BEAUMONT, TX 77701 FILE NUMBER: DATE RECEIVED: 1S Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. BUILDING PROSALS 2 STORY TRI -FLEX OR 1 STORY DUPLEX We would like to build a New Multi -Family residence on the current property as described ( Akhtar Avenue Subdivision Lot #1) as recorded 8575 Hwy 105. Prior recording known as Tract #61 Neches Terrace Subdivision in Beaumont, Texas 77708 Due to TXDOT single entry limitations to listed property we are proposing a Plot Plan for a 2 story Tri-Plex and also a 1 story Duplex for review and acceptance to build on the said property above. We fill that either property would enhance the property values, add to enhancing the beautification of surrounding residences, and promote growth based on upgrading the above property. Addressed are the concerns regarding the new construction of a multi -family home on said lot above. Current zoning for property is single family or special use. We hope the zoning of current property will change to that of surrounding properties on Hwy 105 which are listed as multi -family. Listed are Zoning Ordinance eight conditions that must be meet. #1- The property use Will be that of the surrounding properties and will not be injurious to the use and enjoymeny of other properties. The new construction will only increase the adjacent properties values and others within the immediate vicinity. #2- The proposed new construction will not impede the normal development of the surrounding area but will only enhance that. #3- Adequate utilities are already in place an( the required tie-ins are to be addressed as needed. Property drainage existing with out fall on Hwy 105. Property to maintain grading to not alter drainage currently in place. #4- The design of driveways and parking provides safe and convenient movement and will adhere to TXDOT requirements. New sidewalk as required will provide pedestrian path to adjacent property lines. #5- Adequate prevention measures will be addressed during construction and upon completion of home to prevent any odors, fumes, dust, and noise. #6- upon completion of home, the exterior lighting installed will be directional for property safety, and for vehicle parking. It's not to disturb or adversely effect the general public or neighboring properties. #7 The proposed construction allows for sufficient landscaping and screening to insure harmony and enhancements to adjacent properties and surrounding area. #8- The proposed usage of property is in accordance with the Comprehensive Plan. The Proposed new construction to follow all of the City of Beaumont Building Codes as required. Any other information needed in regards to the proposed change in zoning can and will be addressed as required. Thanks, Jeff Akhtar ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 8575 HIGHWAY 105 IN THE ' CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Jeff Akhtar has requested a specific use permit to allow a duplex in an RS (Residential Single Family Dwelling) District for property located at 8575 Highway 105, being Lot 1, Akhtar Avenue Addition, Beaumont, Jefferson County, Texas, containing 0.3668 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 duplex in an RS (Residential Single Family Dwelling) District for property located at 8575 Highway 105; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a duplex 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 duplex in an RS (Residential Single Family Dwelling) District for property located at 8575 Highway 105, being Lot 1, Akhtar Avenue Addition, Beaumont, Jefferson County, Texas, containing 0.3668 acres, more or less, as shown on Exhibit "A," is hereby granted Jeff Akhtar, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December, 2019. - Mayor Becky Ames - IJUF'LEX 105 9 1w J AKMAR AKMAR AWMIE 9UBDWIDION L. • 1 9DID NWT 109 "UMOM. T A9 T - �iYlF {{a or- h �,.. ,..t1 • 4-���s��= �4i� -'iy�i � i �.� ie�f tt - � �'' p t u.:i t s <� �". -`'.4 �z � �� a tY Mme! �'• j°' S t . trt r{ , i� � �"-{ i S'C K� �' fir.^ J�Jy�. `n'4 r ,iii r ✓ ✓ t r mi'µ i) � _ lk� -- *�' i` { � { .r �'tr` :.�!',� i� .r- 1�aerx j44.t 5 ^A, e, � r • �„t� 5�*kS-�.r3 t ir }� r*�'' x Y {. •, t3 `� r a P�7f^ r N f �A,hr..� / '3 ��'% t'''ar j�" syr °a `t x.,• s . f�� t l'.? ��'�'.+� ,�'S � � �f i� 1 �- 1 Yi' T �x�'.. 1�•�r Z�*x � t 'r Y� J r i te.5"xk� 1.✓ 4- r � � x December 3, 2019 Consider a request for a Historic -Cultural Landmark designation for property located at 140 E. Threadneedle Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 6)� PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a request for a Historic -Cultural Landmark designation for property located at 140 E. Threadneedle Street. Pastor Robert Walker has applied for an HC -L (Historic -Cultural Landmark) Designation for the Church located at 140 E. Threadneedle Street. The church, originally known as Highland Avenue Baptist Church was built between 1928 and 1931 with an original address of 3455 Highland Avenue. The applicant has identified the structure to be eligible for HC -L (Historic -Cultural Landmark Preservation designation) due to it's location and contributions over the years to the neighborhood and community as a whole. Pastor Walker states that the Church is located within the historic area of South Park and is situated just blocks away from the Historic South Park Middle School, which has a Texas Historical Commission Marker No..10566 issued in 1988. The Church demonstrates a grand celebration of knowledge, college scholarships and community. It has continuously been cherished and valued by the surrounding neighborhoods. Its space has brought together visitors diverse in backgrounds to learn and grow. The structure is distinguished by its thirty-five (35) foot tall ceilings and adorned with painted stained glass to enhance the design of the Church. The stained glass is fused in most windows all throughout the church. At a Joint Public Hearing held on November 18, 2019, the Planning Commission recommended 6:0 to approve the request for a Historic -Cultural Landmark designation for property located at 140 E. Threadneedle Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. APPLICATION.FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: Pastor Robert Walker 140 E. Threadneedle, Beaumont Tx APPLICANT'S PHONE #: 409-351-1357 FAX #: NAME OF OWNER:Iconium Missionary Baptist Church ADDRESS OF OWNER: PO Box 6408 Beaumont, TX 77725 LOCATION OF PROPERTY: 140 E. Threadneedle Beaumont, TX_77705 LEGAL DESCRIPTION OF PROPERTY: LOT NO._ 6 OR BLOCK NO._1 ADDITION, Cloverdale NUMBER OF ACRES -0.1653 TRACT PLA SURVEY NUMBER OF ACRES ' For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: ZONING DISTRICT REQUESTED:15�Z1�r1 L`1'1 G�GIG� HAS THE REQUEST BEEN MADE BEFORE? Iii a IF S0, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5.ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT OR AMORE RESTRICTIVE DISTRICT. SIGNATURE OF APPLICAN DATE: I�`iS' Iii SIGNATURE OF OWNER: PLEASE TYPE OR PRINT AND SUBMIT T0: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER:C P.O. BOX 3827 77704 DATE RECEIVED: 16-1 -ICA (409) 880-3764 RECEIPT NUMBER: FAX (409) 880-3133 APPLICATION FOR HISTORICAL- CULTURAL DESIGNATION CITY OF BEAUMONT, TEXAS This application must be submitted with an application for amendment to the Zoning Ordinance. Prepare a letter and the necessary documentation that supports as many of the criteria listed below as possible. In addition, you may submit other documentation that may be appropriate to support an historical -cultural designation. The Historical Landmark Commission, the Planning Commission, and the City Council shall consider, but not be limited to, one or more of the following criteria in establishing an H -C, Historical -Cultural Landmark Preservation District (Section 30-39 C., City Code of Ordinances). a. Existing or proposed recognition as a National Historic Landmark, or Texas Historic Landmark, or entry, or proposed entry into the National Register of Historic Places; b. Existence of distinguishing characteristics of an'architectural type or specimen, or of the .social, economic or political heritage of the City; C. Identification as the work of a designer, architect or builder whose work has influenced the . growth or development of the City; d. Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation or an outstanding example of a particular historical, architectural or other cultural style or period; oe- Relationship to other buildings, structures or places which are eligible for preservation as historic places; E Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, County, State or Nation; g. Location as the site of a significant historical event; h. Listing in the S.P.A.R.E. Beaumont Survey; i. Identification with a person or persons who significantly contributed to the .culture or development of the City, County, State or Nation; and �. A building, structure or place that because of its location has become of historic or cultural value to a neighborhood or community. Iconium Missionary Baptist Church 140 E. Threadneedle Beaumont, TX 77705 Phone: 409-351-1357 Email: rdwall<erhgm@live.com C/O: Application for Historical -Cultural Designation City of Beaumont, Texas We are writing to urge The Historical Landmark Commission, the Planning Commission, and the City Council to calendar and designate the Iconium Missionary Baptist Church. This esteemed institution's role is valued and cherished by surrounding neighborhoods. Iconium Missionary Baptist Church is in the Historic Area of South Park. Residents in South Park like to read and grow spiritually and that is evident within the walls of (conium Missionary Baptist Church. This building demonstrates.a grand celebration of knowledge, college scholarships and community. Iconium is also located just blocks away from the Historic South Park Middle School No. 10566 issued in 1988. Iconium serves this Historic neighborhood spiritually, financially, physically and mentally. Iconium's great space has brought together visitors diverse in backgrounds to learn and grow. The massive church is distinguished by its 35 -foot -tall ceilings, adorned with painted stain used to enhance the design of the church. The stained glass is fused in most windows throughout the church. The criteria for the Historical -Cultural Designation that (conium Missionary Baptist Church meets are: J. A building, structure or place that because of its location has become of historic or cultural value to a neighborhood or community. E. Relationship to other buildings, structures or places which are eligible for preservation as historic places. Thank you for your attention to this request and your commitment to preserving our city's history. Sincerely, Pastor Robert D. Walker ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY ESTABLISHING AN HC -L (HISTORICAL -CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR THE CHURCH LOCATED AT 140 E. THREADNEEDLE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by establishing an HC -L (Historical -Cultural Landmark Preservation) Designation for property located at 140 E. Threadneedle Street, being Block Lots 1 through 9, Block 1, Cloverdale Addition, Beaumont, Jefferson County, Texas, containing 1.37 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of -the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, _should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. 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 3rd day of December, 2019. - Mayor Becky Ames - -HC: A request for a Historic-Cultural Landmark designation. )plicant: Pastor Robert Walker cation: 140 E. Threadneedle Street 0 100 200 1 1 1 1 Feet EXHIBIT "A" T December 3, 2019 Consider a resolution authorizing the City Manager or his designee to apply to FEMA to participate in the Public Assistance Alternative Procedures for Permanent Work Pilot Program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to apply to FEMA to participate in the Public Assistance Alternative Procedures for Permanent Work Pilot Program. BACKGROUND On January 29, 2013, the Sandy Recovery Improvement Act was signed into law. This law amends Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Act). Specifically, the law adds Section 428, which authorizes alternative procedures for the Public Assistance (PA) Program of the Stafford Act and authorizes FEMA to award PA funding based on fixed -cost estimates. On September 30, 2019, FEMA awarded a fixed -cost estimate in the amount of $47,264,640 for the restoration of Riverfront Park to its pre -storm (Harvey) condition with a ten percent (10%) matching requirement. Rather than restoring the park and its shoreline to its pre -storm condition, the City would like to enter into an Alternative Permanent Work Program with FEMA and submit two alternative projects for consideration. The first alternative project would be to stabilize Riverfront Park's shoreline at its post -storm condition at an estimated cost of $28,144,640. The difference between the amount of the award and the amount of the first alternative project is $19,120,000, which could be used for a second alternative project in accordance with Section 428 of the Act. On November 4, 2019, City Council held a workshop to discuss the use of the residual $19,120,000 relating to the Alternative Permanent Work Program. The Administration is recommending a second alternative project to construct a new Raw Water Pump Station near the area of Pine Street and East Lucas be submitted to FEMA. The estimated cost of this project is $22,500,000. If the alternative projects are approved by FEMA, it important to note that all costs associated with these projects in excess of the awarded amount ($47,264,640) and the 10% match would be funded by the City. Also, in conjunction with the Raw Water Pump Station, it is proposed that a new Raw Water Transmission Line be constructed to deliver raw water to the Water Plant. The cost of the new transmission line is estimated at $15,000,000; however; the City is in the process of applying for CDBG-(Disaster Recovery) grant funds in the amount of $9.8 million. Thus, the City would need to fund the balance of the project through the issuance of bond proceeds or other funding sources. FUNDING SOURCE FEMA will fund, on a reimbursement basis, up to $47,264,640 less the 10% match. The match and any amount in excess of $47,264,640 will be paid from the Capital Program; other grants; or fund balance from the General Fund or Water Utilities Fund. RECOMMENDATION Approval of the resolution. IDEM TIIE TEXAS A&M'UNIVERSITY SYSTEM September 30, 2019 Timothy (Tim) Ocnaschek Emergency Management Coordinator Beaumont DUNS Number 073901118 FIPS Number 245-07000-00 RE: Public Assistance Grant, 4332, Texas Hurricane Harvey Catalog of Federal Domestic Assistance (CFDA) number 97.036 Federal Award Identification Number (FAIN), 4332DRTXP0000001 FEMA Project Worksheet 6499 Project Title: Riverfront Park Period of Performance 8/25/2017 to 2/25/2019 An award to your Public Assistance subgrant has been completed by the Texas Division of Emergency Management (IDEM). PW 6499 Version / Total Subgrant Federal Federal Cost Local Cost Local Cost Date Amendment Amount Cost Share Share Amount Share Share Amount percentage percentage 0 9/27/2019 $47,264,640.00 90.00% $42,538,176.00 10.00% $4,726,464.00 This award is not for Research or Development as defined in 2 CFR 200.87. No indirect costs are available with this award. Direct Administrative Costs are allowable as outlined in the project scope. A copy of the project worksheet can be viewed at the version tab in GMS for this project, grants.dps.texas.gov and is also attached for your convenience. P.O. Box 15467 Austin, Texas 78761 24 Hours: 512-424-2208, Fax 512-424-2444 Your project worksheet may or may not have environmental and historical considerations and conditions that must be met. A copy of the Record of the Environment Consideration (REC) can be viewed at the version tab in GMS for this project as well and is also attached. The terms and conditions remain in effect as outlined in the original Grant Terms and Conditions, and any subsequent State amendments. Pursuant to 44 CFR §206.206, Appeals, you may appeal this determination within 60 days of receipt of this notification. You will need to provide your appeal with any documentation supporting your position to your assigned TDEM PA Support Affiliate within the allotted time. If you elect to appeal, the appeal must: 1) Contain documented justification supporting your position 2) Specify the monetary figure in dispute and 3) Cite the provisions in federal law, regulation or policy with which you believe the initial action was inconsistent. If you have any questions, please contact Meghan Hicks at (512) 499-1496 or email at meghan.hicks@cohnreznick.com. P.O. Box 15467 Austin, Texas 78761 24 Hours: 512-424-2208, Fax 512-424-2444 City of Beaumont Riverfront Park Shoreline Stabilization Preliminary Engineering Lanier No. 10888-0 Bulkhead Placement Cost Comparison Option 1 Install bulkhead in locations required to restore park shoreline to pre -Harvey configuration. The land will be re-claimed but at the expense of a higher cost. Shoreline Stabilization Item Unit Cost Quantity Subtotal Mobilization/Demobilization $100,000.00 1 $100,000.00 Debris Removal Above and Below Water $20,000.00 /day 60 $1,200,000.00 Bulkhead w Mudline at EL 0 lineal feet $7,000.00 foot 400 $2,800,000.00 Bulkhead w/Mudline at EL -15' lineal feet $9,400.00 foot 470 $4,418,000.00 Bulkhead w/Mudline at EL -30 lineal feet $14,600.00 /foot 1300 $18,980,000.00 Excavation from Bare cubicyards) $40.00 cubic yard 0 $0.00 Backfill cubicyards) $20.00 /cubic yard 38000 $760,000.00 Toe Wall in Channel lineal feet $4,500.00 foot 0 $0.00 Rip -Rap (square feet $8.00 /square foot 0 $0.00 SUBTOTAL $28,258,000.00 Landside Item Unit Cost Quantity Subtotal Grading $4,000.00 /day 30 $120 000.00 Sod $5.00 /square foot 88000 $440,000.00 Walkway $10.00 /square foot 20000 $200,000.00 Guardrail/Handrail $50.00 /foot 600 $30,000.00 Lighting $3,000.00 /item 20 $60,000.00 Sprinklers $1,000.00 /day 20 $20,000.00 SUBTOTAL $870,000.00 Hazard Mitigation Item (allows for half the scour experienced by TS Harvey for future events) Unit Cost Quantity Subtotal Bulkhead w/Mudline at EL -15 (lineal feet) $2,400.00 /foot 400 $960,000.00 Bulkhead w/Mudline at EL -30 (lineal feet) $5,200.00 /foot 470 $2,444,000.00 Bulkhead w/Mudline at EL -45 (lineal feet) $5,400.00 /foot 13001 $7,020,000.00 SUBTOTAL $10,424,000.00 Other Project Costs Geotechnical Investigation 1% $395,520.00 Engineering 10% $3,955,200.00 Permitting 1.5% $593,280.00 Construction Management 3% $1,186,560.00 Material Testing 1% $395,520.00 General Conditions and Bonds 3% $1,186,560.00 SUBTOTAL $7,712,640.00 TOTAL ESTIMATE (Plus or Minus 20%) 1 $47,264,640.00 City of Beaumont Riverfront Park Shoreline Stabilization Preliminary Engineering Lanier No. 10888-0 Bulkhead Placement Cost Comparison Option 3 Install bulkhead in -shore with toe -wall and rip -rap upstream in order to reduce overall cost at the expense of reducing the amount of usable park space. Shoreline Stabilization Item Unit Cost Quantity Subtotal Mobilization/Demobilization $100,000.00 1 $100,000.00 Debris Removal Above and Below Water $20,000.00 /day 60 $1,200,000.00 Bulkhead w/Mudline at EL 0 lineal feet $7,000.00 /foot 570 $3,990,000.00 Bulkhead w/Mudline at EL -15 lineal feet $9,400.00 /foot 100 $940,000.00 Bulkhead w/Mudline at EL -30 lineal feet $14,600.00 /foot 360 $5,256,000.00 Excavation from Bare cubicyards) $40.00 /cubic yard 10600 $424,000.00 Backfill cubicyards) $20.00 /cubic yard 15100 $302,000.00 Toe Wall in Channel lineal feet $4,500.00 /foot 13001 $5,850,000.00 Rip -Rap (square feet $8.00 /square foot 131000 $1,048,000.00 SUBTOTAL $190-110,000.00 Landside Item Unit Cost Quantity Subtotal Grading $4,000.00 /day 20 $80,000.00 Sod $5.00 /square foot 44000 $220,000.00 Walkway $10.00 /square foot 20000 $200,000.00 Guardrail/Handrail $50.00 /foot 600 $30,000.00 Lighting $3,000.00 /item 20 $60,000.00 Sprinklers $1,000.00 /day 20 $20,000.00 SUBTOTAL $610,000.00 Hazard Mitigation Item (allows for half the scour experienced by TS Harvey for future events) Unit Cost Quantity Subtotal Bulkhead w/Mudline at EL -15 (lineal feet) $2,400.00 /foot 570 $1,368,000.00 Bulkhead w/Mudline at EL -30 (lineal feet) $5,200.00 /foot 100 $520,000.00 Bulkhead w/Mudline at EL -45 (lineal feet) $5,400.00 /foot 1 3601 $1,944,000.00 SUBTOTAL $3,832,000.00 Other Project Costs Geotechnical Investigation 1% $235,520.00 Engineering 10% $2,355,200.00 Permitting 1.5% $353,280.00 Construction Management 3% $706,560.00 Material Testing 1% $235,520.00 General Conditions and Bonds 3% $706,560.00 SUBTOTAL $4,592,640.00 TOTAL ESTIMATE (Plus or Minus 20%) 1 $28,144,640.00 OPINION OF PROBABLE CONSTRUCTION COSTS ITEM DESCRIPTION QUANTITY • SITE CIVIL 1 Acces Road and Site Paving 1,500 SY $ 360.00 $540,000 2 Site Fill 4,500 CY $ 72.00 $324,000 3 Securitv Fencinq and Gate 1 LS $ 30,000.00 $30,000 4 Yard Piping 180 LF $ 606.00 $109,080 5 Flow Meter and Vault 1 EA $ 300,000.00 $300,000 6 Gate Valve 1 EA $ 360,000.00 $360,000 7 Gas Pie 500 LF $ 144.00 $72,000 8 Natural Gas Generator 1 EA $ 480,000.00 $480,000 PUMP STATION 9 Sump et well 1 EA $ 2,520,000.00 $2,520,000 10 Pumps 3 @ 15 MGD EA 3 EA $ 420,000.00 $1,260,000 11 Valves 3 EA $ 180,000.00 $540,000 12 Pump Discharge Piping 200 LF $ 1,440.00 $288,000 13 Recirculation System 1 EA $ 336,000.00 $336,000 ELECTRICAL 14 Control Building 1 EA $ 360,000.00 $360,000 15 Incoming Power 1 EA $ 600,000.00 $600,000 16 Switchgear(Utility & Generator Mains w/Auto Transfer 1 EA $ 960,000.00 $960,000 17 Soft Starters 3 EA $ 96,000.00 $288,000 18 Controls and SCADA Interface 1 EA $ 180,000.00 $180,000 19 Miscellaneous Electrical 1 LS $ 960,000.00 $960,000 CONNECTION 20 42"-Microtunnel 2,600 LF $ - 1,200.00 $3,120,000 21 Receiving Shaft 1 EA $ 360,000.00 $360,000 22 Gate Valves 1 EA J $ 180,000.00 $180,000 SUBTOTAL: • SUBTOTAL: MOBILIZATION 5% $14,167,100 11 $16,292,200 S708,400 Additional Cost for Neches River Crossing Price Escalation (2018-2021; 3.0% per Year) Engineering Total Projected Project Cost $500,000 $1,300,000 $3,100,000 $22,500,000 Beaumont Conceptual Design Ps oPCC 11/4/2019 8:44 AM Page 1 of 1 AwV --------_- - Z _ bea+1 f a s AwV --------_- - Z _ bea+1 OPINION OF PROBABLE CONSTRUCTION COST Carlos Quintero I Jason Ward I MUN003821 SUSHEADER 1 1 42" Steel Pipe 14,225 LF $ 375.00 $ 5,334,375 2 42" BFV 4 EA $ 60,000.00 $ 240,000 3 3" HMAC Pavement Replacement 40,430 SY $ 40.00 $ 1,617,200 4 4" CAV 6 EA $ 25,000.00 $ 150,000 5 12" BOV 4 EA $ 30,000.00 $ 120,000 6 48" Access Manhole 6 EA $ 18,300.00 $ 109,800 7 Connect to Existing WL 1 EA $ 7,500.00 $ 7,500 8 Dish Head Plug 2 EA $ 20,000.00 $ 40,000 9 Traffic Control 14 MO $ 3,000.00 $ 42,000 10 SWPPP 1 LS $ 30,000.00 $ 30,000 11 Trench Safety 14,225 LF $ 2.00 $ 28,450 12 Cathodic Protection 1 LS $ 50,000.00 $ 50,000 13 Seeding 14 AC $ 2,500.00 $ 35,000 14 Flowable fill 1 LS $ 20,000.00 $ 20,000 15 ITemporary 36" Line to Connect Lawson's Pump Station to Pine St 3,115 LF $ 200.00 $ 623,000 16 IDewatering 1 LS $ 150,000.00 $ 150,000 SUBTOTAL • SUBTOTAL •• • SUBTOTAL CONTINGENCY•'.2,076,254 SUBTOTAL ENGINEERING COSTS� $ 8,597,325 $ 9,886,924 494,346 $ 10,381,270 $ 12,457,524 •0i 00 PROJECT TOTAL (2019 COSTS) $ 14,457,524 COST ESCALATION FACTOR 3.0% S 433.726 The Engineer has no control over the cost of labor, materials, equipment, or over the Contractors methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the Information known to Engineer at this time and represent only the Engineer's judgment as a design professional famillar with the construction Industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. NOTES: 1 FNI OPCC classified as an AACE Class 4 Estimate with accuracy range or -20 to + 30. 2 Engineering Costs includes $360,000 for preliminary design, $740,000 for final design and $900,000 for construction services. Preliminary engineering includes survey and geotechnical services. /ioi y RESOLUTION NO. WHEREAS, on January 29, 2013, the Sandy Recovery Improvement Act was signed into law; and, WHEREAS, this law amends Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Act). Specifically, the law adds section 428, which authorizes alternative procedures for the Public Assistance (PA) Program of the Stafford Act and authorizes Federal Emergency Management Agency (FEMA) to award PA funding based on fixed -cost estimates; and, WHEREAS, on September 30, 2019, FEMA awarded a fixed -cost estimate in the amount of $47,264,640 for the restoration of Riverfront Park to its pre -storm (Harvey) condition with a ten percent (10%) matching requirement; and, WHEREAS, the City would like to enter into an Alternative Permanent Work Program with FEMA to stabilize the Riverfront Park shoreline at its post -storm location and condition at an estimated cost of $28,144,640; and, WHEREAS, the difference between the amount of the award and the amount of the alternative project ($19,120,000) would be considered excess funds and could be used for cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster, and activities that improve public operations or planning in accordance with Section 428 of the Act; and, WHEREAS, it is recommended that the excess funds be used to construct a new Raw Water Pump Station near the area of Pine Street and East Lucas at the estimated cost of $22,500,000; and, WHEREAS, all costs associated with these projects in excess of the awarded amount ($47,264,640) and the 10% match would be funded by the City; 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 apply to Federal Emergency Management Agency (FEMA) to participate in the Public Assistance Alternative Procedures for Permanent Work Pilot Program; 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 or his designee be and they are hereby authorized to apply to Federal Emergency Management Agency (FEMA) for participation in the Public Assistance Alternative Procedures for Permanent Work Pilot Program. 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 3rd day of December, 2019. - Mayor Becky Ames - December 3, 2019 Consider a resolution authorizing the purchase of five grapple trucks for use in the Solid Waste Department BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: I: _��l:tliZ�li1►11 City Council Kyle Hayes, City Manager Todd Simoneaux, Chief Financial Officer December 3, 2019 Council consider a resolution authorizing the purchase of five grapple trucks for use in the Solid Waste Department. The grapple trucks will be purchased from Grande Truck Center, Inc., of San Antonio, Tx, in the amount of $1,121,320.00. The new units will replace models that have surpassed their useful life expectancy. The trucks are used for the collection of heavy trash. The existing units will be disposed of in accordance with the City surplus property policies. Pricing was obtained through the Buyboard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Buyboard complies with State of Texas procurement statutes. Manufacturer's -warranty is twelve (12) months. FUNDING SOURCE Solid Waste Fund. RECOMMENDATION Approval of the resolution. TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE BUYBOARD PRODUCT PRICING BASED ON CONTRACT Customer: City of Beaumont Product Description: 4700 w/S Dump A: Base Price in Bid/Proposal Number 521-16 $ 61,023,00 B: Published Options [Itemize each Item below] 1012X9 Cummins 380 HP $ 12,000.00 545637 262 Wheelbase $ 2,750.00 014107 HD Air Cleaner $ 473.00 546132 HD Frame $ 1,250.00 273048 Horton 2.speed fan Clutch $ 380.00 7441 EO Heated Power Mirror $ 850.00 3421M1 Allison Transmission $ 18,042.00 654011 Power Windows $ 750.00 343315 Vocation Program $ 2,750.00 PTD115OTLS Grapple $ 79,680.00 4001BB 20K Ft Axle $ 6,525.00 Floor Plan $ 1,980.00 536051 P/S Pump With aux Gear $ 2,368.00 $ - 620268 Upgarde Ft Suspension $ 565.00 $ - 541293 5.29 Axle Ratio $ 350.00 $ - 6221E7 46K HMX Suspension $ 5,975.00 $ - Subtotal Column 1: $ 49,428.00 Subtotal Column 2: $ 87,260.00 Published Options added to Base Price (Subtotal of "Col 1" + "Col 2") $ 136,688.00 C: Subtotal of A + B => $ 197,711.00 D: UnPublished Options % Upgrade to Pa finger A -Line $ 28,695.00 $ - —_ With Options $ - $ - Subtotal Column 1: $ 28,695.00 Subtotal Column 2: $ - Body $ 28,695.00 E: Contract Pride Adjustment (If any, explain here} Additional Chassis Discount $ - $ (2,222.00) F: Total of C + D + E {Not including Buy Board Fee} _> $ 224,184.00 G: Quantity Ordered {Units.x F} => # of Units 5 $1,120,920.00 H: BUYBOARD Fee {From Fee Schedules, Table: => @ % $ 400.00 I: Non -Equipment Charges & Credits (le: Ext. Warranty, Trade -In, Cost of Factory trips, etc.) Subtotal of Non -Equipment Charges J: TOTAL PURCHASE PRICE INCLUDING (G + H +I) => Grande Truck Center Rocky Shoffstall PO Box 201210 PH 210-666-7112 San Antonio, Texas 78220 FX 210-666-7216 800-779-7672 X112 Grande Truck Confidential 11/15/2019 Page 1 11/18/2019 Mail - Christy Williams - Outlook FY20 Fleet Purchases - Beaumont Freightliner Jeff Harville Mon 11/18/2019 7:45 AM To: Christy Williams <Christy.Williams@BeaumontTexas.gov> 0 1 attachments (305 KB) Quote # 7 - Western Star - Palfinger, Beaumont Freightliner - Heil.pdf, Christy, Please see attached: This is for solid waste - Heavy Trash, Account # 511-5025-851-6215, all replaced units will be sold in auction Jeff Harville, Fleet Manager City of Beaumont 4955 Lafin Dr. Beaumont, Texas 77705 Tel. (409) 842-5885 Fax (409) 842-0851 Cell (409) 679-1214 hftps://outlook.office.com/maii/inboxAd/AAQkADQ1 NmYwMzAxLWFiNzAtNDclYil hOGU3LTdhNGMOOD150GFINQAQADpzbLYBPFNFhO2XIacHkvA... 1/1 2003 Autocar WX64 Unit has surpassed its useful life expectancy. Heavy Trash 6153 Chassis W/ Grapple M 165,949 Unit is 17 years old. System 2009 Autocar WX64 Unit has surpassed its useful life expectancy. Heavy Trash 3326 Chassis W/ Grapple M 93,155 Unit is 11 years old. System 2010 Autocar Unit has surpassed its useful life expectancy. Heavy Trash 3352 WX64 Chassis W/ M 100,072 Unit is 10 years old. Grapple System 2010 Autocar WX64 Unit has surpassed its useful life expectancy. Heavy Trash 3351 Chassis W/ Grapple M 96,781 Unit is 10 years old. System 2003 Autocar WX64 Unit has surpassed its useful life expectancy. Heavy Trash 6157 Chassis W1 Grapple M 161,132 Unit is 17 years old. System Jeff Harville, Fleet Manager City of Beaumont 4955 Lafin Dr. Beaumont, Texas 77705 Tel. (409) 842-5885 Fax (409) 842-0851 Cell (409) 679-1214 hftps://outlook.office.com/maii/inboxAd/AAQkADQ1 NmYwMzAxLWFiNzAtNDclYil hOGU3LTdhNGMOOD150GFINQAQADpzbLYBPFNFhO2XIacHkvA... 1/1 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of five (5) grapple trucks for use by the Solid Waste Department from Grande Truck Center, of San Antonio, Texas, in the amount of $1,121,320.00 through the Buyboard Cooperative Purchasing Program. 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 3rd day of December, 2019. - Mayor Becky Ames - December 3, 2019 Consider an ordinance authorizing the suspension of the effective date of CenterPoint Energy's proposed rate increase until February 12, 2020 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider an ordinance authorizing the suspension of the effective date of CenterPoint Energy's proposed rate increase until February 12, 2020. BACKGROUND On November 14, 2019, CenterPoint Energy ("CenterPoint") filed its Statement of Intent to increase rates within the City of Beaumont and other cities in CenterPoint's Beaumont/East Texas service area. This request would increase CenterPoint Texas' net annual non -gas revenues in the Beaumont/East Texas Division by approximately $6.816 million annually. The total increase projected to be collected from customers in Beaumont is approximately $582,198. The average increase per residential customer could range from $1.41 to $8.19 monthly depending 'on location. CenterPoint has proposed that the gas rate increase become effective on December 19, 2019. The proposed ordinance authorizes the suspension of the effective date of the requested increase to February 12, 2020. The suspension would allow time for the City to review the request and make an informed recommendation to the Council as to what the ultimate decision should be. The ordinance also provides for authority to join with the other cities in the CenterPoint Beaumont/East Texas service area to retain legal counsel and rate consultants, participate in any judicial or administrative proceedings and to seek reimbursement for rate case expenses from CenterPoint. Once a more thorough review of CenterPoint's rate increase request has been made, the Council will be provided with more information and a more informed recommendation as to what further action is to be taken. FUNDING SOURCE All reasonable expenses associated with rate cases are reimbursable by the company. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ORDINANCE OF THE CITY OF BEAUMONT, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE EFFECTIVE DATE PROPOSED BY CENTERPOINT IN CONNECTION WITH ITS STATEMENT OF INTENT TO INCREASE RATES FOR CENTERPOINT'S BEAUMONT/EAST TEXAS DIVISION, FILED ON NOVEMBER 14,2019; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; 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 November 14, 2019, CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed a Statement of Intent with the City of Beaumont ("City") to increase gas rates in the Beaumont/East Texas Division Service Area by $6.816 million per year; and, WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Tex. Util. Code §103.001; and, WHEREAS, Gas Utility Regulatory Act § 103.021 requires a local regulatory authority to make a reasonable determination of rate base, expenses, investment and rate of return and retain the necessary personnel to determine reasonable rates; and, WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking proceedings shall be reimbursed by the gas utility under Gas Utility Regulatory Act § 103.022; and, WHEREAS, given the complexity of the proposed rate increase and the need to fully review the proposed rate adjustment it is necessary to suspend the effective date for implementing the proposed rates until at least February 12, 2020 in order to allow the City's rate experts sufficient time to determine the merits of CenterPoint's proposed rates; and, WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing, and investigating CenterPoint's $6.816 million rate increase request, City's efforts will be coordinated with similarly situated municipalities in CenterPoint's Beaumont/East Texas Division Service Area; and, WHEREAS, the City will join with other municipalities in a steering committee in order to coordinate the hiring and direction of counsel and consultants working on behalf of the steering committee and the City; 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 effective date of CenterPoint's proposed rate increase, and the proposed tariffs related thereto, is hereby suspended for an additional ninety (90) days until February 12, 2020 in order to complete the review and investigation by City's experts. Section 3. The City is authorized to join with other municipalities as part of the CenterPoint Beaumont/East Texas Division Service Area Steering Committee with the understanding that the steering committee will provide direction and guidance to the lawyers who are representing said cities. Section 4. The City employs The Lawton Law Firm, P.C. to represent the City with regard to the proposed rate increase of CenterPoint before local and state regulatory authorities and any court of law and authorizes counsel to employ such rate experts as are recommended by the Steering Committee. Section 5. The Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to CenterPoint for reimbursement. Section 6. City's legal representatives shall have the right to obtain additional information from CenterPoint through the service of requests for information, which shall be responded to within seven (7) calendar days of receipt of such requests for information. Section 7. CenterPoint shall reimburse the City, through, the designated representative of the Steering Committee, for the reasonable costs of attorneys and consultant fees and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. Section 8. 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 9. This ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December, 2019. - Mayor Becky Ames - �J December 3, 2019 Consider a resolution to adopt City Council Procedures and Decorum Policy in the conducting of its business BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City_ Manager MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider a resolution to adopt City Council Procedures and Decorum Policy in the conducting of its business. BACKGROUND The Beaumont City Charter Article III, Section 9 states that the City Council shall determine its own rules and order of business. There has been recent discussion and requests made for Council to consider the adoption of rules of decorum to ensure that Council meetings are conducted in an orderly and efficient manner. A draft of a suggested City Council Procedures and Decorum Policy is attached for your review. This item is being proposed by Councilmembers Neild and Feldschau. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. City Council Procedure and Decorum Policy Authority The City of Beaumont Charter Article III, Section 9 states that the City Council shall determine its own rules and order of business. These rules of procedure and decorum were adopted on _, 2019 through resolution by the City Council and are in effect until such time as amended, suspended or new rules are adopted. City Council Agenda The City Manager and Mayor can place items on the ag for processing the agenda and agenda materials for City responsible for directing and managing the daily opero Two Council Members may request the City Manager to place an item or a work session. Should extraordinary staff time be required to address. any communicate the agenda time frameN�tothose requesting tl Agenda items placed on the agenda by the considered and whereby action was taker agenda for reconsideration -within six mon writing to the City Manageln this case, a renewed on an aaenfdals all ha a been on Executive Session ie City Manager is responsible meetings. The City Manager is .City government. an agenda for an action item;'�%h City Manager will iyor or twormembers of the City Council previously i fh0",City Count may not be placed on a future of subli action excep. by two Council Members in ist oneeber whops requesting that the item be dpreailing sid'e`�of the previous vote on the item. Items to.b�' d[scuss�epd in clos dd�(EzecutiV6,) session nder conditions allowed by applicable law: �� f <5 19 The US,m ouncil may h'*'dRke feta tion during�executive session. It is understood and agreed that info lion discusse .y n Executi, USession is considered completely confidential and should remain so a{til the Council takes action impublic on the matter. Any final action resulting from an Executive Seon discussion must be taKen during the open public session. General The Mayor shall presideoueogll%meetings of the City Council as the Chair and enforce these rules V and procedures during meetings. In the absence of the Mayor, the Mayor Pro Tempore shall assume the Chair responsibility at the meeting. In the absence of the Mayor Pro Tempore, the City Council will decide on the Chair by majority vote. The Chair has the responsibility to control the discussion and the order of speakers. The Chair shall attempt to call upon Council Members in the order of their request to speak. Generally, a Council Member may not be recognized to speak subsequently until each Council Member has had an opportunity to obtain the floor. Council Members will limit their comments to the item currently being considered. 1 A Council Member shall not present the same or substantially the same items or arguments to the City Council repeatedly to be repetitious in presenting oral comments. The Chair may call a recess at any time during a meeting. Any Council Member wishing to speak shall first obtain the floor by making a request to the Chair. The Chair shall recognize any Council Member who seeks the floor when appropriately entitled to do so. If the Chair determines that a motion is in order, he/she can end the discussion and call for a motion. The following is the General Procedure for making • The item is presented by the City Manager followed by fli genda item being announced by the Chair.' • A Council Member who wishes to make amotion shall first othe floor. • A Council Member who wishes to seco tl3�the motion should dolthrough a request to the Chair. Ng • Before a motion is to be discussed, it should 6e se 'ded. WOOF, • Once the motion has been properly,rnade and secded, the Chair shall open the matter ' * for further discussion from any CouncilMember properly recognized by the Chair. •�. Vote �:.� �-rte .� �, When a motion is on the floorantl�an amendment is�offeeed the amendment shall be acted upon 3' }��� `' prior to action on the main motion No motto . of a subject other than the agenda item under .k consideration shall be adm ttted asi.6h amendment4 Action shall be taken on the amended motion riot to an other action toFfurther�amend2the ori al motion. All Cou�ncikMembees h - st vote`either "aye"in' e. affirmative or "nay" in the negative. A present membersriv r o does not register an'audible vote will~be officially recorded as an aye or affirmative vote unless that'' member has;r.:ecusetloneself from the vote. IM 1 Decorum. Council Members sii'al preseni0 order and decorum, shall not interrupt or delay proceedings and shall obey the rules of the Council. Council Members shall demonstrate respect and courtesy to one another, to City Staff a"ndfo members of the public appearing before the Council. Council Members may express differing ideas and opinions. Equitable representations helps promote unity of purpose by allowing the public to be informed on each Members position during his/ her term of office. Once an item has been decided with a majority vote, the item is resolved and Council Members should respect the opinion of the prevailing side and accept it as the final decision of the body. Mayoral Responsibilities: 2 • The Mayor shall serve as the Chair of all meetings. • The Chair is responsible for preserving order and decorum and shall keep the meetings orderly by recognizing each Member for discussion, limiting speaking on items, encouraging debate among Members and keeping discussion limited to the agenda item being considered. • The Mayor is the official spokesperson for the Council. The views presented by the Mayor or the Mayor Pro Tempore in his/ her absence, should provide equitable representation of all Council Members. • The Chair will give each Member an opportunity to speak before any Member can speak again on the same subject. • The Mayor may call for a recess at any time durin,"ameeting. Council Member Responsibilities: • It is the responsibility of Council Members1015e informed ab6ilfbction taken by the Council in their absence. In the case of being(Obsent from a Work Session, the Council Member is responsible for obtaining this information from the .City Manage ,.prior to the Council Meeting during which said item is to be vote upon. y • When addressing an agend0item, the CounI Me 'ber shall first be recognized by the Chair, confine comments to theeq aesttion under debate, avoid reference to personalities, refrain from unnecessarily d minafing 'oar _ extending the discussion, and refrain from impugningthe integrity or motiv sof an otherCounMember or Staff Burin debate or 9 Y Y 9 vote.' • Any Council ,Member may ;appeal al appeal is seconded, the Member mal affirmative consensus of a,�majority of e outcom: 4 ." ��'N& 3� MW • ANON Couv ncilNember maywask the Ch -1 1PR Z" Opouiu the Unanaailau ao--5.0;'a ma�un eq iir�e the Chair toe force t licy. % the `CKA o the Council as a whole. If the e appeal may make a brief statement. The )unci) Members present shall determine the the policy established by the Council. of the Council Members present shall • Whil'd%a Council Member is speaking, other Members shall not hold private discourse or 5 '- N -in any manner interrupEtfle speaker. In all discussions, disrespectful language shall be avoided." {{' • All personal sommun cation devices should be placed in silent mode during any City Council meeting Pe ,soraaI communication devices shall not be used for communicating City related business uring any City Council meeting. Staff Relations In order to ensure proper presentation of agenda items by Staff, questions arising from Council Members after receiving their information packet should be, whenever possible, presented to the City Manager prior to the Council Meeting. This allows Staff the time to address Council Members concern and provide all Council Members with additional information. 3 The City Manager is directly responsible for providing information to all the Council concerning any inquiries by a specific Council Member that is significant in nature and would be beneficial to other Members. If the City Manager or the Staffs time is being dominated or misdirected by a Council Member, it is the City Manager's responsibility to inform the Mayor who could bring in to the Council as a whole. Statements by Public Officials Regarding Litigation If the City of Beaumont is involved in litigation or a legal dispute, Council Members shall refrain from commenting on settlements, appeals or other issues related to the subject until the matter is resolved. The Mayor, City Manager or City Attorney shall e�authorized to provide any public responses if necessary regarding litigation. Disbursement of Council Requested « yam. As a general courtesy and to maintain equality' nffhe disbursement o lin formation, documentation or data requested by a Council Member fromrS shall be provided tall City Council Members. Staff time should not be dominated by such req-ests. ��.. Policy Enforcement If a Council Member believes this polieyhasbeen violated; the topic shall be placed on a meeting agenda following proper procedure by ay6ft.,gity Ma an or two Council Members. A de If ap go pe those present during the this policy, a standard letter of violation as (.or (or the Mayor Pro Tempore if the letter is Member. A copy of the letter shall become a with the City. 4 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Council Procedures and Decorum Policy, substantially in the form attached hereto as Exhibit "A," is hereby in all things adopted. 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 3rd day of December, 2019. - Mayor Becky Ames - December 3, 2019 Consider an ordinance granting a new solid waste franchise agreement with Superior Waste Solutions, LLC BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 3, 2019 REQUESTED ACTION: Council consider an ordinance granting a new solid waste franchise agreement with Superior Waste Solutions, LLC. BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Seven entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Superior Waste Solutions, LLC has requested that the City Council grant the company such franchise agreement. Superior Waste Solutions was founded in July of 2019 with plans to operate from 6315 N. Twin City Hwy Beaumont, Tx 77705. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City -of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four consecutive weeks in a newspaper of general circulation in the City. All publication costs are paid by the franchisee. Attached is a copy of the franchise agreement for your review. This is the third reading. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO SUPERIOR WASTE SOLUTIONS, LLC. WHEREAS, Superior Waste Solutions, LLC (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to Superior Waste Solutions, LLC the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rn+oQ The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of- way. The payments herein -provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this .franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providinq Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public . hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Superior Waste Solutions, LLC 6315 N. Twin City Hwy Beaumont, TX 77705 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 22nd day of October, 2019. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the 29th day of October, 2019. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the 3rd day of December, 2019. - Mayor Becky Ames - ACCEPTANCE: Superior Waste Solutions, LLC (Company Owner/Representative) WORKSESION * Review and discuss receiving Federal Highway Administration funds (Emergency Relief Funding from Hurricane Harvey) for the asphalt overlay of six streets within defined sections STREETS DAMAGED BY HURRICANE HARVEY, FHWA EMERGENCY RELIEF (ER) FUNDING & FEMA FUNDING 11/19/2019 ESTIMATED . ' STREET , FROM: TO CONSTRUCTION COB SHARE; _. COST GRIFFING ROAD FHWA MAJOR DRIVE _ OLD. VOTH ROAD $348,000.00 $69,600.00 OLD VOTH ROAD FHWA TRAM ROAD GRIPPING ROAD $843,00.0.00 $1681600.00 PINE STREET FHWA WIESS STREET IH -10 FRONTAGE ROAD $685,000.00 $137,000.00 PINEY POINT LANE FHWA SHERWOOD DRIVE HELBIG ROAD $304,000.00 $60,800.00 SHERWOOD DRIVE BROAD OAK STREET PINEY POINT LANE. FHWA/FEMA $699,000.00 $139,800.00 TRAM ROAD FHWA MAJOR DRIVE US 69 FRONTAGE ROAD $752,000.00 $150,400.00 $3,631,000.00 $726,200.00 11/19/2019 OO' R.OY >< VARIES - VARIES' c � o F'IIS. STORM MS. STORM PIPE `h OPEN DITCHES 10.5' LANE 10.51 UNE .OPEN DITCHM PIPE i t< VARIES O I rc RXIS. SfORu PIPE _ I OPEN DITCHES R5CIS1'IHG CTR�FT,OSOSS RF.CTIDN GR@'P'ING ROAD NTS - Ed R.O.B. VARIES c ' MIS. STOltu - C 10.5' UNE r 10.5' UNE OPEN DITCRt_S PIPE J_l PROP. z' ['ROPOSED STREET CROSS SECTION GRIPPING ROAD NTS OLD VOTH ROAD 60' It.O.H. >e vawDs VARI S k c 4 0 rm. STORM I DCIS. 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