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HomeMy WebLinkAbout04/04/2023 PACKET BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS — CITY HALL — 801 MAIN STREET TUESDAY, APRIL 4, 2023 1:30 PM AGENDA CALL TO ORDER • Invocation Pledge Roll Call • Proclamations, Presentations and Recognitions • Public Safety Update from the City of Beaumont Medical Director • Presentation by the International Code Council • Public Comment— Persons may speak on the Consent Agenda and Items 10 — 16. • Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered noncontroversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the March 21, 2023 and March 24, 2023 City Council Meeting Minutes B. Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) awarded to the Beaumont Public Health Department. C. Approve a calendar for the remainder of FY 2023 for City Council meetings to be posted on the City's web site. D. Approve a contract for the fence installation at the Police Department located at 255 College Street. E. Authorize the City Manager to enter into an agreement with Kraftsman Commercial Playgrounds & Water Parks to Install One New Picnic Pavilion at Sprott Park. F. Authorize the purchase of replacement service equipment for the High Flow Bar Screen at the Wastewater Treatment Plant. REGULAR AGENDA 1. Consider a request to annex the south half of the right-of-way of Spindletop Avenue. 2. Consider a request for a Specific Use Permit to allow an office warehouse and wholesale distribution in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 1575 S. Major Drive. 3. Consider a request for a Specific Use Permit to allow a gaming site in the GC- MD (General Commercial — Multiple Family Dwelling) District for property located at 2865 S. 11th Street. 4. Consider a request for a Specific Use Permit to allow a gaming site in the GC- MD (General Commercial-Multiple Family Dwelling) District for property located at 5425 College Street. 5. Consider a request for a Specific Use Permit to allow a Recreational Vehicle Park in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 550 Pinchback Road. 6. Consider a request for an Amended Specific Use Permit to allow restaurants, professional offices and retail stores in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 4515 N. Major Drive. 7. Consider a request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Density) District for property located at 1094-1098 Cottonwood Street. 8. Consider a request to Rezone a portion of property from GC-MD (General Commercial-Multiple Family Dwelling) District to RM-H (Residential Multiple Family-Highest Density) District for property located east of 3920 W. Cardinal Drive. 9. Consider a request for an Amended Specific Use Permit to allow retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices on the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District portion of the property located at 3100 N. Major Drive. 10.Consider a resolution authorizing the City Manager to execute a contract with HDR Inc. to perform a water & wastewater utility financial planning and rate model. 11.Consider an Ordinance amending Ordinance 23-005. WORK SESSION • Review and discuss the adoption of local construction codes. 12.Consider an ordinance adopting the 2021 International Building, Residential, Existing Building, Fire, Energy Conservation, Fuel Gas, Property Maintenance, Swimming Pool and Spa, and 2020 National Electrical Code and 2020 ICC 600 Standard for Residential Construction in High Wind Regions, with local exceptions. 13. Consider an ordinance adopting the 2021 International Plumbing Code. 14. Consider an ordinance adopting the 2021 Uniform Plumbing Code. 15. Consider an ordinance adopting the 2021 International Mechanical Code. 16. Consider an ordinance adopting the 2021 Uniform Mechanical Code. PUBLIC HEARING • Conduct a Public Hearing to hear applicant requests for funding from the 2023 Community Development Block Grant Program. COMMENTS • Public Comment (Persons are limited to 3 minutes) • Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Melanie Moye Comeaux v. City of Beaumont; Cause No. E210C36 • Consider matters related to the deliberation purchase, lease exchange or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically, land owned by the City of Beaumont south of West Cardinal Drive and East of IH-10, more specifically the approximate 2,049.36 acre tract of C Hillebrandt, ABS 28, Tract 10, Jefferson County, Texas. 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. A BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider approval of the March 21, 2023 and March 24, 2023 City Council Meeting Minutes. BEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J." Turner Jr., At-Large ROBIN MOUTON, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III March 21, 2023 Chris Durio, Mayor Pro Tern Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on March 21, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING • Invocation Pledge of Allegiance Roll Call • Proclamations, Presentation and Recognition * Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-5 Mayor Mouton called the council meeting to order at 1:30 p.m. Dr. Esther Matthews with Call to Character Ministries gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tem Durio, Councilmembers Getz, Feldschau, Samuel and Neild. Absent: Councilmember Turner. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Recognition -"Top Ladies of Distinction" —Accepting Elois Alex along with other Top Ladies of Distinction Mayor Mouton read the announcement regarding the Executive Session being held at the conclusion of Public and Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-5 None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the March 14, 2023, City Council Meeting Minutes Minutes—March 21,2023 B. Approval of the purchase and installation of twenty-six stainless steel cabinets for the laboratory at the Wastewater Treatment Plant — Resolution 23-081 D. Authorize the execution of a License to Encroach Agreement with James and Cathleen Chavez — Resolution 23-083 E. Approval of an amendment to the Public Services and Public Facilities and Improvements budget line items of the Consolidated Grant Program's 2021 Annual Action Plan to include supplemental HOME ARP (American Rescue Plan) — Item Removed Councilmember Samuel moved to approve Consent Agenda items A, B and D. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED C. Authorize the City of Beaumont to support legislation of a Hotel Project in downtown Beaumont with a resolution — Resolution 23-082 Councilmember Feldschau moved to approve Consent Agenda item C. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider authorizing the City Manager to execute Change Order No. 6 to the contract with King Solution Services, LLC for the Pipe Bursting Work Order Contract— Phase III Project. On June 2, 2020, by Resolution 20-113, the City Council awarded a contract to King Solutions Services, LLC, of Houston, in the amount of$1,833,508.00, for the Pipe Bursting Work Order Contract — Phase III Project. Previous Change Order Nos. 1-5 are in the amount of $85,002.96. Proposed Change Order No. 6, in the amount of $200,221.12, is required to relocate the sewer line between MH434 and MH432 between Crestwood and Durwood Drive to the roadway, as the alley line is out of grade and cannot be pipe bursted in the existing location. An additional 450 calendar days are being added to the contract to accommodate for the design, approval of the work order and time for the contractor to re-mobilize and complete the work. If approved, Change Order No. 6 would result in a new contract amount of $2,118,732.08. Minutes—March 21,2023 Funds will come from the Capital Program. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE PROPOSED CHANGE ORDER NO. 6, IN THE AMOUNT OF $200,221.12, IS REQUIRED TO RELOCATE THE SEWER LINE BETWEEN MH434 AND MH432 BETWEEN CRESTWOOD AND DURWOOD DRIVE TO THE ROADWAY;AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 6, FOR ADDITIONAL WORK. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-084 2. Consider awarding $75,000 to the Greater Beaumont Chamber of Commerce to facilitate the development of a Strategic Economic Development Plan. Recently, Steve Ahlenius, President, and CEO of the Greater Beaumont Chamber of Commerce, made a presentation to City Council outlining new opportunities to enhance and improve cooperation between the City and Chamber. Included in this presentation was a Chamber-led Strategic Economic Development Plan process to serve as a roadmap for economic development efforts moving forward. To help further the Chamber's project, the city would provide an additional allocation of $75,000 to the Chamber. Additional funding was included in the FY23 budget for this project. Funds will come from the General Fund. Approval of the Resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO AWARD$75,000.00 TO THE GREATER BEAUMONT CHAMBER OF COMMERCE FOR THE DEVELOPMENT OF A STRATEGIC ECONOMIC DEVELOPMENT PLAN. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-085 Minutes—March 21,2023 3. Consider a request for the abandonment of a portion of the south end of Winfield Drive. Johnathan Hart has requested the abandonment of an approximate 0.073-acre portion of the south undeveloped end of Winfield Drive for a proposed new railroad spur for BNSF Railway Company. BNSF plans to construct a new tract connecting two (2) existing segments. Various utility related concerns from the City Engineering Department have already been addressed. At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended 8:0 to approve the request for an abandonment of a portion of the south end of Winfield Drive, with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, the applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on the City Council's agenda. All of the required items for the conditions have been submitted. Approval of the ordinance, with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, the applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on the City Council's agenda. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A 60' PORTION OF THE SOUTH END OF WINFIELD DRIVE,WITH THE CONDITIONS,CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS,FOR A PROPOSED NEW RAILROAD SPUR FOR BNSF RAILWAY COMPANY. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-026 4. Consider a request for the abandonment of the north end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street. Johnathan Hart has requested the abandonment of an approximate 0.1303-acre portion of the north undeveloped end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street for a proposed new railroad spur for BNSF Railway Company. BNSF plans to construct a new tract connecting two (2) existing segments. Various utility related concerns from the City Engineering Department have already been addressed. Minutes—March 21,2023 At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended 8:0 to approve the request for an abandonment of the north end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street, with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, the applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on the City Council's agenda. All of the required items for the conditions have been submitted. Approval of the ordinance, with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, the applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on the City Council's agenda. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A 60' PORTION OF THE NORTH END OF AMARILLO STREET,THE NEIGHBORING ALLEYWAY IN BLOCK 32, CARTWRIGHT TERRACE AND AN ADJOINING PORTION OF FORSYTHE STREET,WITH THE CONDITIONS, CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS, FOR A PROPOSED NEW RAILROAD SPUR FOR BNSF RAILWAY COMPANY. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-027 PUBLIC HEARING • Receive comments on authorizing the City Manager to enter into an Interlocal Agreement with Texas A&M Transportation Institute, submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. Public Hearing Open: 1:59 p.m. None Public Hearing Close: 1:59 p.m. 5. Consider authorizing the City Manager to enter into an Interlocal Agreement with Texas A&M Transportation Institute, submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. Minutes—March 21,2023 The Zip, formerly known as Beaumont Municipal Transit, provides public transportation services for residents and visitors in the City of Beaumont. Connecting the community with destinations in a safe and reliable manner remains to be the priority and therefore it is important the fleet is properly maintained and replaced as per manufacturer requirements and the Federal Transit Administration (FTA) Guidelines. Additionally, Zip follows the preventative maintenance program as outlined in the Transit Asset Management Plan as developed under the direction of the Texas Department of Transportation. Zip's current fleet includes three (3) 2008 buses and two (2) 2016 buses, which must be replaced soon. The projected capital investment to replace said vehicles with five (5) compressed natural gas buses would be approximately $3,100,000.00. Recently, the FTA has issued a "Low or No Emission and Grants for Buses and Bus Facilities Competitive Programs FY2023 Notice of Funding Opportunity (NOFO). The NOFO is a chance for the City of Beaumont to secure up to 85% percent of the funding covered by FTA to replace dated buses, which could represent up to $2,635,000.00. Additionally, recipients are permitted to use up to 0.5 percent of grant award for workforce development activities eligible under federal public transportation law (49 U.S.C. 5314(b)) and an additional 0.5 percent for costs associated with training at the National Transit Institute. Administration requests to enter into an Interlocal Agreement with Texas A&M Transportation Institute (TTI) to develop a grant application for the city to apply for funding through both the Low or No Emission Grant Program and the Grants for Buses and Bus Facilities Competitive Program. The cost of service through TTI would be $7,500 to assist with the development of a competitive grant application. Funds will come from the Federal Transit Administration, Transportation Development Credits and General Fund. Source Amount Federal Transit Administration $2,635,000 Transportation Development Credits $465,000 City $7,500 (TTI) Total: $3,107,500 Conduct a public hearing and approve the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT WITH TEXAS A&M TRANSPORTATION INSTITUTE AND THAT THE CITY MANAGER IS ALSO HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION AND EXECUTE A CONTRACT WITH THE FEDERAL TRANSIT ADMINISTRATION TO RECEIVE FUNDS FOR THE ZIP. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-086 Minutes—March 21,2023 PUBLIC COMMENTS Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2023 Annual Action Plan No Public Comments COMMENTS * Public Comments (Persons are limited to three minutes) Sam Marchand 4375 Thomas Ln Beaumont TX Updated Council on the activities of the Youth Advisory Council, stated that this Saturday, March 24, 2023, the group will be traveling to Washington D.C., for the National League of Cities Annual Congressional Conference, they are actively organizing a Beautification Day in the near future that will include mostly trash pickup near the schools and chalk art for the kids, as always the Youth Council remains extraordinarily grateful for the Council's support, announced the next meeting for the Youth Advisory Council will be Thursday, March 23, 2023, as always the Council and public are welcomed to attend Charlie Crabbe 928 East Dr. Beaumont TX Spoke to Council regarding a neighborhood problem with stray animals, commented on the citizen that was attacked by two pit bulls, stated that a while back the city was encouraged to adopt a spay and neuter program for stray cats, after the procedure the cats would be released back into their neighborhoods, the cats would then be free to roam looking for food and leaving their waste behind in flower beds and kids sand boxes etc., they are also preying on wild birds, Beaumont is a sanctuary city, stated that the last two weeks of April is the time the birds migrate from Central America, stated that the solution to stray cats is to eliminate them from the neighborhoods, thanked Council for their service Addie Allen 9695 Gross Beaumont TX Spoke to Council regarding several companies she's received information from regarding storm sirens, stated that the City Manager said he would look into this issue, it looks like a turn key situation for sirens can be done, the sirens could be heard throughout Jefferson County for $35,000.00, complete and installed, stated that she will continue to come to council to talk about this, to save one life would be really important and it's an obligation of the city to make sure that everyone is safe, if staff hasn't had the time to look up the information she has, also commented on the $75,000.00 that's going to the Beaumont Chamber, that's great, but why can't the city dig deep and find money to do sidewalks, doesn't know if it's $75,000.00 or more but, children are walking in the streets and have been for years and the city hasn't addressed it, it's in the ordinance, she will continue to come to Council regarding the sidewalks, understands Economic Development is important and knows that the Chamber of Commerce is our business consortium, knows that there's a Strategic Plan and that Council is looking at growing Beaumont, stated that Council needs to start with people, commented that she's still trying to wrap her head around the $1.99 to pay the city for the water bill, asked why after an 8% increase for the water and before a six month review of the budget that citizens have to pay $1.99, thanked Council for considering anything that she has to say, thanked them for their service Minutes—March 21,2023 * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - CONGRATULATED THE TOP LADIES OF DISTINCTION ON THEIR RECOGNITION, ENCOURAGED THE YOUTH COUNCIL TO ENJOY THEIR TRIP TO WASHINGTON D.C.FOR THE NATIONAL LEAGUE OF CITIES CONFERENCE, THANKED COUNCILMEMBERS TURNER AND SAMUEL FOR WORKING WITH THE YOUTH, ALSO MENTIONED THE ATTACK ON THE CITIZEN AT SPROTT PARK, STATED THAT ONE DOG WAS PUT DOWN BY THE POLICE, THE OTHER DOG HAS BEEN FOUND AND IN THE CUSTODY OF ANIMAL CONTROL, STATED IT'S AN UNFORTUNATE INCIDENT AND GLAD THAT IT WAS REPORTED, ON LAST THURSDAY THERE WAS A RIBBON CUTTING FOR THE OPENING OF THE FANNETT BRIDGE, THANKED TxDOT, NEXT IS THE PROJECT ON 110 WHICH WILL TAKE SOME TIME,ASKED THAT EVERYONE PAY ATTENTION TO THE SIGNS WHILE WORK IS IN PROGRESS COUNCILMEMBER GETZ- STATED TO MS. ALLEN THAT SPOKE EARLIER THAT IT'S IMPORTANT THAT CITIZENS KNOW THAT IT'S ONLY WHEN A CREDIT CARD IS BEING USED TO PAY THE WATER BILL THAT THE $1.99 WILL BE INCURRED, IF A CITIZEN WANTS TO CONTINUE TO PAY BY CHECK, CASH OR HAVE IT AUTOMATICALLY DEBITED FROM YOUR CHECKING ACCOUNT YOU WON'T HAVE TO PAY THAT CONVENIENCE FEE, IT'S NOT ACROSS THE BOARD THAT CITIZENS HAVE TO INCUR THE CONVENIENCE FEE, COMMENTED ON A SHOOTING OUTSIDE OF A LOUNGE IN THE WEST END ON FRIDAY NIGHT, ONE OF THE PROBLEMS THAT LEAD TO THIS INCIDENT IS THAT THERE SEEMS TO BE VARIOUS ESTABLISHMENT'S THAT DON'T CUTOFF AT 2:00 A.M., DOESN'T KNOW IF THIS WAS THE CASE WITH THIS INCIDENT BUT DOES KNOW THAT THERE WAS HUNDREDS OF PEOPLE OUTSIDE THE FACILITY AFTER 2:00 A.M.,STATED THAT HE HAS BEEN IN COMMUNICATION WITH DADE PHELAN, SPEAKER OF THE HOUSE AND ASKED HIM IF BEAUMONT COULD HAVE MORE OF A TABC PRESENCE IN BEAUMONT, TABC MOVED THEIR OFFICE OUT OF BEAUMONT SOME TIME AGO, BELIEVES THAT IF THE LOCAL BARS AND TAVERNS WERE INSPECTED REGULARLY AND TO HAVE MORE OF A TABC PRESENCE THAT MIGHT HELP COUNCILMEMBER TURNER - ABSENT COUNCILMEMBER FELDSCHAU - ANNOUNCED THE OPENING OF THE SOUTHEAST TEXAS STATE FAIR ON THURSDAY, MARCH 23, 2023, THERE WILL BE A RIBBON CUTTING AT 5:30 P.M.,EVERYONE THAT'S PRESENT AT 5:30 WILL GET IN FREE, ENCOURAGED EVERYONE TO COME OUT AND SUPPORT THE STATE FAIR COUNCILMEMBER SAMUEL - NONE Minutes—March 21,2023 COUNCILMEMBER NEILD - ANNOUNCED THE BEAUMONT MUNICIPAL FLY-IN, FROM 10:00 A.M. TO 4:00 P.M., AT THE BEAUMONT MUNICIPAL AIRPORT, IT'S A FAMILY FRIENDLY EVENT,STATED TO MS.ADDIE ALLEN HE WOULD LOVE TO TAKE HER FLYING CITY MANAGER WILLIAMS - STATED TO MS.ADDIE ALLEN THAT HE HAS DIRECTED STAFF TO LOOK INTO THE STORM SIREN ISSUE, THEY ARE ADDRESSING IT,THANKED BISD FOR CONTRIBUTING TO MOST OF THE YOUTH COUNCIL'S TRAVEL, THE CITY IS PAYING FOR TWO AND BISD IS PAYING FOR ELEVEN, THANKED THEM FOR THEIR SUPPORT CITY ATTORNEY REED - NONE PUBLIC WORKS BARTKOWIAK - NONE ASSISTANT CM BOONE - NONE ASSISTANT CM ELLIS - NONE CFO SIMONEAUX - NONE CITY CLERK BROUSSARD - NONE MAYOR MOUTON - ANNOUNCED THE SOUTHEAST TEXAS STATE FAIR, THE RIBBON CUTTING IS AT 5:30 P.M.,ENCOURAGED EVERYONE TO GO OUT AND SUPPORT THE STATE FAIR, COMMENTED ON THE INCIDENT REGARDING THE CITIZEN THAT WAS ATTACKED BY THE PIT BULLS AT SPROTT PARK, UNFORTUNATELY THE PIT BULLS GOT LOSE, THE OWNERS ARE ALWAYS RESPONSIBLE, PRAYERS GO OUT TO THE CITIZEN AND WISH THEM A SPEEDY RECOVERY, STATED THE SITUATION COULD HAVE BEEN A LOT WORSE, HAD KIDS NOT BEEN ON SPRING BREAK THERE WOULD HAVE BEEN KIDS PLAYING IN THAT PARK, DID SPEAK WITH THE OWNERS AND THERE WAS SEVERAL CALLS THAT SHE RECEIVED REGARDING THE INCIDENT, ALSO COMMENTED ON THE SHOOTING THAT OCCURRED OVER THE WEEKEND,SHE DID SPEAK WITH THE OWNER WHO IS OUT OF TOWN BUT WILL ADDRESS THE INCIDENT UPON THEIR RETURN TO BEAUMONT, THE SAFETY OF THE CITIZENS IN THIS CITY IS VERY IMPORTANT, SOMETIMES THINGS GET OUT OF CONTROL, GAVE CONDOLENCES TO THE FAMILY,ANYTIME ANYTHING HAPPENS ASKED THAT CITIZENS CALL 311 IMMEDIATELY, EXCITED ABOUT THE RIBBON CUTTING THAT OCCURRED FOR THE OPENING OF THE FANNETT BRIDGE, THERE WILL BE A LOT OF TRAFFIC ASKED THAT EVERYONE BE SAFE, CONGRATULATED THE TOP LADIES OF DISTINCTION ON THEIR RECOGNITION, THANKED THEM FOR THE CONTINUED WORK THAT THEY DO, ALSO LOOKING FORWARD TO THE YOUTH TRAVELING TO WASHINGTON D.C., FOR NATIONAL LEAGUE OF CITIES CONFERENCE, LOOKING FORWARD TO SPENDING SOMETIME Minutes—March 21,2023 WITH THEM, THANKED EVERYONE FOR ATTENDING THE MEETING, ASKED THAT THEY GO OUT AND SPREAD THE LOVE Open session of meeting recessed at 2:25 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Toye Frazier v. City of Beaumont; Cause No. E-206,919 Caleb Fenter v. City of Beaumont and Christopher S. Boone: Cause No. B-210,244 International Association of Firefighters Local 399 v. City of Beaumont, Kenneth R. Williams, in his official Capacity as City Manager, and Earl White, in his official Capacity as Fire Chief; Cause No. D-210950 Beaumont v. Netflix, Hulu, and Disney+; Cause No. DC-22-09128 Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—March 21,2023 BEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT SPECIAL - COUNCIL MEETING Albert"A.J." Turner Jr., At-Large ROBIN MOUTON, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel,Ward III MARCH 24, 2023 Chris Durio, Mayor Pro Tem Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on March 24, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 2:00 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call * Proclamations, Presentation and Recognition * Public Comment: Persons may speak on the Consent Agenda Mayor Mouton called the council meeting to order at 2:00 p.m. Pastor Wanda Johnson with Love and Compassion Ministries gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tem Durio, Councilmembers Getz, Turner, Feldschau and Neild. Absent: Councilmember Samuel and City Attorney Sharae Reed. Also, present were Kenneth Williams, City Manager; Tom Duesler, Assistant City Attorney; Tina Broussard, City Clerk. Public Comment: Persons may speak on the Consent Agenda None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of an amendment to the Public Services and Public Facilities and Improvements budget line items of the Consolidated Grant Program's 2021 Annual Action Plan to include supplemental HOME ARP (American Rescue Plan) — Resolution 23-087 Councilmember Feldschau moved to approve the Consent Agenda. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, AND NEILD Minutes—March 24,2023 NAYS: NONE MOTION PASSED COMMENTS * Public Comments (Persons are limited to three minutes) None * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - NONE COUNCILMEMBER GETZ- NONE COUNCILMEMBER TURNER - NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER SAMUEL - ABSENT COUNCILMEMBER NEILD - NONE CITY MANAGER WILLIAMS - INFORMED COUNCIL THAT THE DEPARTMENT HEAD REPORT THAT THEY RECEIVE MONTHLY WILL BE PROVIDED ON TODAY, HAS REALLY GOOD INFORMATION, ENCOURAGED THEM TO LOOK OVER THE REPORTS ASSISTANT CM BOONE - THANKED CDBG STAFF FOR THEIR HARD WORK ON THE CONSOLIDATED GRANT PROGRAM ASSISTANT CM ELLIS - NONE ASST. CITY ATTORNEY DUESLER - NONE CITY CLERK BROUSSARD - NONE CITY ATTORNEY REED - ABSENT MAYOR MOUTON - ANNOUNCED THAT THERE WOULD NOT BE A CITY COUNCIL MEETING ON MARCH 28, 2023, ENCOURAGED EVERYONE TO GO OUT AND SPREAD THE LOVE Minutes—March 24,2023 With there being no Executive Session, Council adjourned at 2:17 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—March 24,2023 B BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenneth Coleman, Public Health Director MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider a resolution approving the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) in the amount of $780,353.00 awarded to the Beaumont Public Health Department. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department funding for Public Health Infrastructure in the amount of$780,353.00 with no local match required. This funding will assist the Beaumont Public Health Department to perform activities and services that will improve and strengthen the local public health infrastructure. This contract will begin on the date of execution and end on November 30, 2027. FUNDING SOURCE Grant Funded RECOMMENDATION Approval of the resolution 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 documents necessary to accept funding in the amount of $780,353.00 from the Texas Department of State Health Services (DSHS) to perform activities and services to improve and strengthen the local public health infrastructure. 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 4th day of April, 2023. - Mayor Robin Mouton - C BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: April 4, 2023 REQUESTED ACTION: Council to consider approving a calendar for the remainder of FY 2023 for City Council meetings, this calendar will be posted on the City's web site BACKGROUND Council is asked to consider approving a calendar for the remainder of FY 2023, for City Council meetings, this calendar will be posted on the City's web site so that citizen's, staff, and Councilmembers can be informed as to when City Council meetings will take place. 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 approve a calendar for the remainder of FY2023 for the City Council meetings, this calendar will be posted on the City's website. The attachment 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 4th day of April, 2023. - Mayor Robin Mouton - 2023 CITYCOUNCILCALENDAR JANUARY 2023 APRIL 2023 Sun Mon Tues Wed Thur Fri Sat Sun Mon Tues Wed Thur Fri Sat 12/26/2022 12/27/2022 12/28/2022 12/2912022 12/30/2022 1 1 3 4 5 6 7 2 3 4 5 6 7 8 GOOD FRIDAY I 1:30 PM City Offices {. City Council 8 9 10 11 12 13 14 9 10 11 12 13 14 15 No Council Mtg 15 16 17 18 19 20 21 16 17 18 19 20 21 22 M�'M 1 EVENING MTG 5:30 PM City Council 22 23 24 25 26 27 28 23 24 25 26 27 28 29 130 PM City Council 29 30 31 30 FEBRUARY 2023 MAY 2023 Sun Mon Tues Wed Thur Fri Sat Sun Mon Tues Wed Thur Fri Sat 1 2 3 4 1 2 3 4 5 6 1:30 PM City Council 5 6 7 8 9 10 11 7 8 9 10 11 12 13 130 PM City Council 12 13 14 15 16 17 18 14 15 16 17 18 19 20 1:30 PM City Council 19 20 21 22 23 24 25 21 22 23 24 25 26 27 1:30 PM City Council 26 27 28 28 29 30 31 Memorial Day City Offices NoCoundl Closed Mtg MARCH 2023 JUNE 2023 Sun Mon Tues I Wed , Thur Fri Sat Sun Mon Tues Wed Thur Fri Sat 1 2 3 4 1 2 3 5 6 7 8 9 10 11 4 5 6 7 8 9 10 1:30 PM 130 PM City Council City Council 12 13 14 15 16 17 18 11 12 13 14 15 16 17 1:30 PM 1:30 PM City Council City Council 19 20 21 22 23 24 25 18 19 20 21 22 23 24 luneteenth 1:30 PM City Offices No Council City Council Mig 26 27 28 29 30 31 25 26 27 28 29 30 No Council 1:30 PM MIg City Council C:\Usei EXHIBIT"A" ,do1'1s\INetCache\Conlenl.Outlook\8G4EHCLF\Council calendar 2023.xls 2023 CITYCOUNCILCALENDAR J U L Y 2023 O C T O B E R 2023 Sun Mon Tues Wed Thur Fri Sat Sun Mon I Tues I_ Wed I Thur I Fri I Sat I 1 1 2 3 4 5 6 7 1:30 PM City Council 2 3 4 5 6 7 8 8 9 10 11 12 13 14 no City Coundr City Offices 1:30 PM Closed City Council 9 10 11 12 13 14 15 15 16 17 18 19 20 21 1:30 PM 1:30 PM City Council City Council 16 17 18 19 20 21 22 22 23 24 25 26 27 28 130 PM 1:30 PM City Council City Council 23 24 25 26 27 28 29 29 30 31 1:30 PM 1:30 PM City Council City Council 30 31 AUGUST 2023 NOVEMBER 2023 Sun Mon Tues Wed Thur Fri Sat Sun I Mon I Tues I Wed I Thur I Fri I Sat I 1 2 3 4 5 1 2 3 4 1:30 PM City Council 6 7 8 9 10 11 12 5 6 7 8 9 ' .:'10 11 0 1:30 PM 1:30 PM - City Council City Council 13 14 15 16 17 18 19 12 13 14 15 16 17 18 1:30 PM 1:30 PM Clty Council City Council 20 21 22 23 24 25 26 19 20 21 22 23 24 25 1.30 PM 1:30 PM City Council City Council 27 28 29 30 31 26 27 28 29 30 1:30 PM No Council City Council Mtg SEPTEMBER 2023 DECEMBER 2023 Sun Mon Tues Wed Thur Fri Sat Sun I Mon I Tues I Wed I Thur I Fri I Sat I 1 2 1 2 3 4 5 6 7 8 9 3 4 5 6 7 8 9 tabor Day Gtyoflices No Council 1:30 PM Mtg City Council 10 11 12 13 14 15 16 10 11 12 13 14 15 16 1:30 PM 130 PM City Council City Council 17 18 19 20 21 22 23 17 18 19 20 21 22 23 1:30 PM 130 PM City Council City Council 24 25 26 27 28 29 30 24 25 26 27 28 29 30 Christmas Day 1:30 PM City Office s No Council City Council Closed Mfg C:\Usersllauren.galvan1Appbata\LocaMAicrosoft\Windows\lNelCache\Content.Oullook\8G4EHCLF\Council calendar 2023.xls D BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider a resolution approving a contract for the fence installation at the Police Department located at 255 College Street. BACKGROUND The Homeland Security Grant Program consists of a number of grant programs. One of which is the State Homeland Security Program (SHSP). This grant incorporates a SHSP first responder category for which Beaumont was awarded $46,000 dedicated specifically implementing target hardening for Phase II to erect fencing around the Police Department to further limit the constant foot traffic past and around the Police Department. The City solicited for quotes for the installation of approximately 690' of 6' tall black vinyl chain link fencing to include walk gates around three sides of the Police Department between the gated access points and further limit the constant foot traffic and vehicular traffic past and around the Police Department. Four quotes were submitted. A-1 American Fence, Inc. responded with the lowest quote of$50,350.00.The local match of$4,350 will come from Police Department Budget. FUNDING SOURCE SHSP Grant Funding and General Budget RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont was awarded the Homeland Security Grant (SHSP) in the amount of $46,000.00, which is being dedicated to erect fencing around the Police Department to further eliminate foot traffic; and, WHEREAS, bids were solicited for the installation of a fence at the Police Department; and, WHEREAS, A-1 American Fence Inc., of Lake Charles, Louisiana submitted the lowest bid of$50,350.00; and, WHEREAS, a local match of $4,350.00 will come from the Police Department budget; and, WHEREAS, City Council is of the opinion that the bid submitted by A-1 American Fence Inc., of Lake Charles, Louisiana, in the amount of$50,350.00 should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved, and adopted; and, THAT the City Manager be, and he is hereby, authorized to execute a contract with A-1 American Fence, Inc., of Lake Charles, Louisiana for the installation of a fence at the Police Department in the amount of $50,350.00. 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 4th day of April, 2023. - Mayor Robin Mouton - Proposal Page No. I of I Pages A-1 AMERICAN FENCE, INC. �� Celebrating 50 Years • 1967-2017 * Safety Blast Walls Complete Perimeter Security Contractor 2017 MAiN OFFICE 701 Past Lutcher Drive,Orange,Texas 77632 *Sound Walls h 1020 N.Fairfax Street,Suite 320,Alexandria,VA 223i4 Ilk ANNIVERSARY 0 1112 North Lakeshore Drive,Lake Charles,Louisiana 70601 * Retaining Walls Orange,Texas(409)883-8986 Alexandria,VA 22314(703)-980-7388 * Haz-Mat Storage Lake Charles,Louisiana (337)436-1443 Proposal Submitted To Attu:Thomas Ashworth Phone Date City of Beaumont,Texas 409-880-3792 3/17/2023 • Street Job Nante 1848 Pine Street Police Department Fence Quote City,State and Zip Code Job Location Beaumont,Texas Beaumont,Texas Architect Entail Address far Mobile thomas.ashworth agbeaumonttexas.9ov For furnishing and installing approx.690'of 6'tall black vinyl chain link fence with top and bottom rail.Also for furnishing and installing 3-4'wide walk gates with Lockey Hardware per plans and I- l0'wide double gate with standard hardware. TOTAL=S49,750.00 For furnishing and installing 6 concrete vehicle stops. TOTAL=$600.00 • Price Excludes Taxes! A-I American Fence,Inc.is a local, woman-opued company that has received DBE/HUB contractor certification from the Metropolitan Washington Airport Authority and the State of Texas and M/1YBE contractor certification from the Golden Triangle Minority Business Council. This proposal includes installation,labor,material,tools and equipment,proper supervision and the insurance necessary to perform _ the work as described herein to our sales representative. All pricing quoted is valid for thirty(30)calendar days. We Propose hereby to furnish material and labor-complete in accordance with above specifications,for the aunt of: Fifty Thousand Three Hundred Fifty Dollars and no cents. dollars( $50,350.00 ). Payment to be made as follows: All material is guaranteed to be as specified.All work to be conpkte l in a am knunlace � mummer aecording to standard practices.Any alteration or deviation front'have speeifeations Authorized ,edde� y ✓J � 'tecuvx involving extra costs oat be executed only upon written orders and oil become an mica charge Signature over and abuv the intimate.All agreements contingent upon strikes aecidents or delays beyond out control Owner to carry rue tornado and other necessary insurance.Our workers Note:this proposal mar be are fully covered by N'orknun's Compensation Insurance. withdrawn by us if not accented within 30 days. Acceptance of Proposal The above prices,specifications and conditions ore satisfactory and are hereby accepted.You are the authorized to do Signature: to do the work as specified.Payment will be made as outlined above. Date of Acceptance: Signature: *Please note that if account goes into collection,Customer will be responsible for all expenses incurred,legal or otherwise. EXHIBIT"A" B E A uTEx FENCE Beaumont,Texas (409)832-6626 • (409)504-1476 • Jason@beautexfence.com 25 Years Experience _ __ _ i :a_y,).:g.-,-_fir_ ,z f:,•,,,,-5.'•fi% _.,4;•, :n,;nld 3.x - �� ���.`.:� .� ��fEN��E`�NSTALLAT�ONhPR0�0� M� n��- � � ..��>�„-.. . .. ..._-.__ Date: Job Number: Line Marked; Yes No 1/31/23 --. NameBusiness: Directions to Job Site: City of Beaumont Address: Police Dept _ ____ Home Phone: Business Phone: Fox: cell: -CHAIN LINK , = - '<WOOD, Height Height Corner WOOD TYPE Post Size ❑ Pine Supply and install approx. 725' of 6' black vinyl chain link with (3) Gate ci Cedar 4'walk gates and (1)20' double gate. Post Size # RAILS Specs: ❑ Barbwire El s 2" x 72" x 8ga Fuse/ bonded chain link (9ga core) 00 Operator ❑ 4 3"x 9' corner/walk gate posts ❑ Residential SPECIAL_ 4" x 9' double gate posts 0 industrial 2 3/8" x 8' line posts a Vnyt ❑ Bat 1 5/8"fop/bottom rail o Gap SPECIAL CI Rot Board Corner!gate posts brace/trussed Walk gates to have dual sided push button entry and gate closer POST All tubing Sch40 0 4 x 4 O Metal GATE FRAME $59,670 a Wood ❑ Metal ' - -' IR E,I; :- :I_ Cost Savings: - ..- Eliminate bottom rail: -$5,007 STYLE Eliminate brace/truss: -$2,233 TOP RAIL 9" x 2.5" footings in lieu of 12" and 18" footings: - $2,100 (4" gate post still to receive 12" footing) • u 1-3/8" ❑ 1-518" ❑ 2" GRADE LINE POST Cl Residential ❑ Commercial Lt 1-3/8" D Industrial ❑ 1-5/8"❑ MATERIAL SLIDE GATES o Iron ❑ Track CI O Cantilever ❑ Harvey Kit FINALS(Style) OLD FENCE REMOVAL ❑ Yes PRICES GOOD FOR DAYS FROM DATE OF ESTIMATE. u No We hereby propose to finish labor and materials.complete in accordance with the Cosi above specifications with payment to be made as follows: 1/2 down and 1/2 upon Tax completion.it payment Is not received according to contract,BeauTex Fence has the Total Cost tight to repossess any and all materials installed. Ali material Is guaranteed to be as specified. Alt work is to be completed In a Down Payment workmanlike manner according to standard practices.Any alterations or deviations Balance on Completion from above specifications involving extra costs,will be executed only upon written orders and wilt become en extra charge over end above the estimate.Aft agreements Date are contingent upon weather,accidents,or delays beyond our control. Signature(Estimator) Jason Young Customers Please Note Beaulex Fence Is NOT responsible for any damage to underground lines or any unforeseen objects underground. Signature(Customer) A-1 Maida Fence Company Estimate 4790 Washington Blvd, Beaumont,TX 77707 Date Estimate J/ (409)861--1144 3/17/2023 5596 (409)860-3841 Name/Address Ship To City of nun-Building Services Police Department P.O.No. Rep J\V item Description Total New Construct 700ft-6116 gauge black vinyl chain link w/l 5/8 top and bottom rail 64,997.00 3-4ft walk gates w/push button entry lock 1-20ft double gate 2-4 inch gate post 16-3 inch terminal post 2t-12"holes sawcut and jackhammer 7-18"holes sawcut and jackhammer 6-concrete bumpers install THANK YOU, Jason Wood Subtotal $64,997.00 Sales Tax (8.25%) moo Total S64,997.00 BID SHEET NO.1,PAGE 1 CITY OF BEAUMONT TEXAS BID OPENING DATE: March :i.'/t", 1O'>.:1 2.:00 I'Nl Email Bids to Thomas Ashworth: ti i i is.ashvioi tit(01)v;uucntttoxmtp;u BID SHEET(revised' FOR FURNISHING: Labor,Material,Equipment,and Supervision Necessary for The Beaumont Police Department Vinyl Coated Chain Link Perimeter Fencing (AS PER DRAWINGS AND SPECIFICATIONS) OUTLINE OF BID DATA: DESCRIPTION BID AMOUNT Base Bid for Scope of Work Specified(Lump Sum) $ `` a Completion Time: `CO , IS 'tom'^— P calendar days 0.3. (- ' /1,JC • GAO p{ ►o Vie-SI— COMP NY NAME STREET ADDRESS ZIP CODE SIGN URE OF BIDO P.O.BOX ZIP CODE (P OR TYPE NAME) ) CITY STATE ZIP CODE �i� qfio°)-13.63-to 8z* TITLE TELEPHONE UMBER/FAX NUMBER **PLEASE COMPLETE BID SHEET NO.1,PAGES 1-2** continued on next page 22 E BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with Kraftsman Commercial Playgrounds & Water Parks to Install One New Picnic Pavilion at Sprott Park. BACKGROUND Pricing was obtained from Kraftsman Commercial Playgrounds & Water Parks, utilizing Buy Board Texas Contract#679-22 procurement process. Buy Board Texas Contract provides municipalities with the means to purchase construction services at competitive prices contracted under the procurement statues of the State of Texas. The proposed scope of work shall consist of the furnishing and installation of one new 44' x 30' hip style picnic pavilion constructed of galvanized steel framing with colored metal roof panels, associated concrete support piers, a 5" thick concrete pad under the entire structure, and the furnishing of the performance and payment bonds. The cost to furnish and install the proposed pavilion is $148,399.20. Funds are available in the Capital Reserve Fund. The installation of a new picnic pavilion within Sprott Park is one of ten park improvement projects recommended by the City Administration and approved by City Council. FUNDING SOURCE Capital Reserve 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 an agreement, substantially in the form attached hereto as Exhibit "A," with Kraftsman Commercial Playgrounds and Water Parks of Spring, Texas through the Buy Board Texas Contract #679-22 in the amount of $148,399.20 to install one (1) new picnic pavilion at Sprott Park. 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 4th day of April, 2023. - Mayor Robin Mouton - iuN a0,<p Kraftsman QUOTE#Q76603 COMMERCIAL PLAYGROUNDS& Date:03/17i2023 KRAFTSMAN WATER PARKS Project:29027 19535 Haude Road ✓ ` 4' Spring,TX 77388 Created By:Ryan Slott 9F'44ANPUi`'' Phone:(281)353-9599 Fax:(281)353-2265 Quote Name:44'x 30'-RCP Shelter-Option 2 Page 1 of 6 BILL TO SHIP TO Beaumont,City of t. 409-880-3792 Mr.Keith Folsom Sprott Park-Shelter Sprott Park-Shelter PO Box 3827 4324 Usan invoices@beaumonttexas.gov Beaumont,TX 77705 Beaumont,TX 77704 Terms: Percentage Completed Draws QTY Code Description Size Weight Color Design:KPS-29027-2 Sheet:K.6.1A Date:3.13.2023 DISCBB Proposal Includes Discount on BuyBoard Purchase,BuyBoard Contract 11679-22 1 KSHELTER Custom All Steel Shelter, 44'x 30'with 24 gauge exposed fastener metal panel roof, 4:12 roof pitch,7.5'eave height,six hot-dipped galvanized tube steel columns mounted on base plates below surface.Includes engineer sealed certified drawings and delivery to site. 6 PIERS36X096 Concrete piers pavilion&canopy columns,with anchor bolls set,and with steel rebar 36"x96 reinforcement,By:Kraftsman 1472 CONC5RB Concrete Pad,5"thick concrete pad with,rebar reinforced,broom finish,minimum 500 32'x46' sq.ft. 1 SITEPREP Preparation of Site by Kraftsman 1 BOND1 Performance&Payment Surety Bond,and processing of the bond documentation. NOTE Location(TBD)Kraftsman to approve location subject to plan and site review for access and other potential changes. Total: $148,399.20 Initials EXHIBIT"A" ����; 6Into1' Kraftsman QUOTE 4076603 ~� COMMERCIAL PLAYGROUNDS& Date:03/17/2023 KRAf'IjSMAN WATER PARKS Project:29027 19535 Haude Road �q9`� L. 4 Spring,TX 77388 Created By:Ryan Slott ISMnept0• Phone:(281)353-9699 Fax:(281)353-2265 Quote Name:44'x 30'-RCP Sholter-Option 2 Page 2 of 0 Special Terms and Conditions Sales Tax Exempt: Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax Resale certificate at time of acceptance of proposal, or sales tax will be added to final contract and invoicing for the project. Items not included: These items are not included: • Finish landscaping,sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked out. • Concrete lead walks or adjoining observation concrete deck areas. • Storm Water Pollution Controls for project site. • Temporary security fence during construction. • Patching of existing concrete decorative coatings, staining, coloring, or surfacing if any existing concrete deck is removed during excavation for piers. • Removal of existing equipment. Buy Board: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Insurance Terms: Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for details and charges for naming additional insured parties or adding special coverage's if required. Credit Card terms: If paying by American Express,there is a 6%processing fee charge. If paying by Visa or Master Card,there is a 4% processing fee charge. Monthly Progress Billings All work completed and materials stored as of the last day of the month shall be billed on or before the 25th of said month. Payments to be received by the 15th of the following month. Shipping Charges Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. Bonding Included: Performance and Payment bonds are included in this quote and will be provided after a signed quote or contract is returned to Kraftsman. Maintenance Bonds are not included. Delivery and Unloading: If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment resources are available for timely off-loading, safe handling,and secure storage of equipment upon receipt from motor freight carrier of installed product shipments. Unloading of materials from the truck will potentially require material handling equipment, i.e. forklift, pallet jack(s),to properly remove equipment from the delivery truck. In Most Cases when Kraftsman is installing a project the product will be received at Kraftsman's Warehouse and stored until needed on the project. Then transported to the site at the time of installation. Initials aUl4oF Kraftsman �� s QUOTE�Q76603 COMMERCIAL PLAYGROUNDS& Date:0 311 712 0 2 3 KRAFTSMAN WATER PARKS Project:29027 19535 Halide Road 4 C.-- 401;:j ' Spring,TX 77388 Created By:Ryan Slott cp 9f�SMANANI. Phone: (281)363-9599 Fax:(281)363-2266 Quote Name:44'x 30'-RCP Shelter-Option 2 Page 3 of Locating for Underground Utilities: • Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public Utilities, including Phone, Electrical, Gas, Cable, and Fiber Optics are to be staked by 811 prior to work done by Kraftsman. Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior to Kraftsman arriving on site. • Customer is to locate, mark, and provide information for all privately owned utilities that are not marked by the Public Utility providers, for all utility service lines below grade that are privately owned. These will include any and all of the following: electrical,water lines, gas lines, irrigation lines,sewer and storm lines, cable service lines,fiber optic or other IT lines,which are privately owned by the property owner. • Kraftsman is not responsible for any underground utilities which are not marked or located by the owner or public utilities stake out providers. Damages to underground utilities for electrical,water, irrigation, and other listed above will not be repaired by Kraftsman and will be the owner's expense and responsibility. Installation: Installation quoted includes: Haul off of soil and concrete spoils from project site; or distribution and leveling of any excess soils from excavation, if there is an area approved by customer for filling low areas on the facility. Assembly of all frame work, installation of roofing, and all equipment necessary for installation. Pier Sizes Quoted: Pier sizes and prices quoted are subject to final engineering review and may change upon soils reports and engineering being completed. Any additional charges will be presented for approval prior to starting construction. Care,Maintenance, and Warranties: Shelters are designed to withstand normal wind loads and weather conditions, and will provide years of sun, heat, hail& UV protection with minimal maintenance.Warranties shall be void if damage to or failure to the structure is caused by contact with chemical, misuse,vandalism, fireworks or acts of God, including but not limited to, ice, snow or wind in excess of the applicable building code parameters. Shelters are engineered for 90 mph wind load and 20psf snow load. Any additional wind load or building code requirements must be engineered and quoted. Project Completion: Allow 8 to 10 weeks for preparation of plans,drawings,and submittals after acceptance of proposal provided that the following has been completed and approved by the customer: • Project product submittals reviewed,approved and returned. • Completed Color selection sheet(signed and dated) • Physical project address •All contact names and phone numbers • Exemption certificate • Deposit per contract Allow adequate time for processing and procuring construction permits if required. Allow approximately 3 to 6 weeks for project completion upon equipment delivery from manufacturer, issuance of building permits if required,weather permitting. Building Permits: • Building permits are not included or provided. • Engineer stamped plans are included. Lead Times: Lead Times are after approval of all Initial submittals/colors,and begin once the order is placed with the manufacturer. Shelters-the lead time for engineering/drafting is 8+weeks, lead time for fabrication is 18-24+weeks upon drawing approval. Initials 0(440 io Kraftsman , 1 r•F��, QUOTE#Q76603 COMMERCIAL PLAYGROUNDS& Dato:03/17/2023 '(SMAN WATER PARKS KRA� 19536 Haude RoadPro)ect:29027 1- L `'' Spring,TX 77388 Created By:Ryan Slott -741m o►a'+' Phone:(281)363-9699 Fax:(281)363-2266 Quote Name:44'x 30'-RCP Shelter-Option 2 Page 4 of 6 Force Majeure: Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement (other than failure to make payment when due)by reason of any event beyond such Party's reasonable control including but not limited to Acts of God,fire, flood,explosion, earthquake, pandemic flu, or other natural forces, governmental orders or directives,war, civil unrest, acts of terrorism,accident, destruction or other casualty,any lack or failure of transportation facilities,any lack or failure of supply of raw materials, or any other event similar to those enumerated above.Such excuse from liability shall be effective only to the extent and duration of the event(s)causing the failure or delay in performance and provided that the Party has not caused such event(s)to occur. Notice of a Party's failure or delay in performance due to force majeure must be given to the other Party within (20)days after its occurrence has become identified by the Party.All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor disturbance or dispute,or to act outside of compliance with governmental orders or directives.El Initials Kraftsman h� 1 �•��s QUOTE#Q76603�� COMMERCIAL PLAYGROUNDS& Date:03117/2023 KRAFISMAN WATER PARKS Project:29027 19535 Haude Road Spring,TX 77300 Created By:Ryan Slott 4%41ANP A�4 Phone:(281)353-9599 Fax:(281)353-2265 Quote Name:44'x 30'-RCP Shelter-Option 2 Page 5 of 6 Shelter Specifications Proposal Information/Notes The proposal is based on design by RCP Shelters, not necessarily an exact match to bid or architectural drawings. Lead times may vary significantly based on design complexity, seasonal demand,and current backlog. Simple material supplier PO or signed proposal/order form are acceptable for ordering. PO legalese will be rejected. RCP Shelters does not accept orders with contingent liability or liquidated damages. Design/Engineering RCP value engineers for the minimum number framing members to minimize cost and provide structures as open and accessible as possible. Final design may not reflect the same number members, sizes,or spacing as images on RCP's website and catalog or preliminary or bid drawings. Design requirements not disclosed to RCP prior to proposal or required revisions resulting from information not previously disclosed are subject to additional fees. Common examples are site-specific requests/requirements and pertinent foundation information, including but not limited to geotechnical reports,foundation depth limitations, epoxy anchor design,or installations near or connected to other structures causing drift snow loads. Standard cylindrical shaped foundation design, minimum 24"diameter,based on assumed soil values, is included. Alternate or custom foundations may be designed by others,with column base reactions provided by RCP. RCP's anchor bolt option is valid only for foundations designed by RCP. Local code may have requirements that are not the responsibility of RCP. Each project is designed for its specific location after receipt of order. Occasionally, engineering determines that materials not included in the proposal are required. Such materials shall be provided by others. Drawings provided by RCP Shelters with this proposal are preliminary and are not for construction. For complete project specific details, engineered drawings can be purchased separately without obligation to purchase the structure. Fabrication/Shipping Details Shipping dates are not guaranteed. Freight is priced based on pooled loads to a location accessible by a flatbed semi-trailer. Upgrade to dedicated truck or split shipment is available for an additional fee. Trucking will call at least 24 hours prior to delivery to coordinate. Offloading by others. Materials must be stored off the ground and kept dry. Electrical Cutouts, if chosen, is defined as: 1 ',4"conduit access holes in base plates of steel columns 1"conduit access holes through steel frame to fixture locations 1"conduit access holes in steel beams at fixture locations(lights,fans,etc.) Up to 1 switch cutout per steel column,48"from finish floor,2%,"x 3'/" Up to 1 receptacle cutout per steel column, 18"from finish floor, 2 %"x 3'/Z Electrical Cutouts Exclusions: Hand holes(not recommended) Cover plates helter Storage Fees: Please review lead times for production and shipping, If for whatever reason customer or customer's site is not ready for installation of product within 4 weeks of arrival from manufacturer at Kraftsman warehouse, a storage fee equal to 2%of the product will be incurred monthly to be paid at time of installation. Initials c.0 1 aUl40 Kraftsman � �pN QUOTE#Q76603 COMMERCIAL PLAYGROUNDS& Date:03/17/2023 KRAFTSMAN WATER PARKS Project:29027 •'m1 19535 Haude Road c •°� Spring,TX 77388 Created By:Ryan Slott 4F'SMANP Ay` Phone: (281)363-9699 Fax:(281)353-2265 Quote Name:44'x 30'-RCP Shelter-Option 2 Page 0 of 6 General Terms and Conditions Bill To: Ship To: Beaumont,City of Terms: Percentage Completed Draws CONDITIONS OF SALE 1. Any alteration or deviation from above specifications Involving extra costs will be executed only upon written orders,and will become an extra charge over and above the contract. 2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman.All returns are subject to restocking fee of 25% plus freight charges incurred for return to original shipment origination. 3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full Is received. The right to enter the property and repossess said equipment Is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4. All collections or litigation concerning this contract shall be governed by the laws of the Slate of Texas,with venue in Harris County. 6. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship.See catalogs or attached drawings for specific layouts,warranties,and specifications. 6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7. A service charge of 1.5%per month will be assessed on all past due amounts. 8. Payments to Kraftsman by credit card will incur a processing fee of 4%for Visa and MasterCard,and 6%for American Express 9. Installation services Include all labor,equipment required to complete the Job,and insurance coverage's as required by law. Extra Installation charges will incur for abnormal sub surfaces,le.rock,landfill,etc. Price quoted includes Kraftsman's standard insurance coverages of$2 million in General Liability&Completed operations,$1 million in Automobile Liability,$1 million per occurrencel$2 aggregate in Workman's Compensation. Any charges by Kraftsman's insurance carrier or agents for adding General Contractor or Owner as additional insured,waivers of subrogation,or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman,unless listed as Individual line item in proposal. 10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities,and Irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11. Building permits.required by local or state authorities&municipalities are not Included and are the responsibility of the owner of the property, unless specifically included as a line item in the proposal. if you want Kraftsman to handle required permitting please contact our office and we will provide a quote If not Included as a line item within this proposal. 12. This proposal may be withdrawn by Kraftsman if not accepted within thirty(30)days. Respectfully Submittec! Dale March 17,2023 Acceptance of Proposal: Ryan Slott The prices,specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through probate,bankruptcy or other legal proceedings,customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements,or promises are not valid unless written as part of this contract. Authorized Signature POII: Printed Name& Title Date of Acceptance Authorized Signature Printed Name&Title WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY&FITNESS EQUIPMENT Thank You! We Appreciate Your Business! ",*` ��- ... i ✓�/sk i /- II:- t. 111 --"--------------'--"--- jIL--------------' _ _ _— _ FJ EN S✓!(O KRAFTSMAh1 Option 2 picture may nddead sous prop eodromax o Sprott Park Shelter by Kraftsman F BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Mike Harris, Director of Water and Sewer Operations MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider a resolution authorizing the purchase of replacement service equipment for the High Flow Bar Screen at the Wastewater Treatment Plant. BACKGROUND When a heavy rain event occurs at the Wastewater Treatment Plant, it causes excess water to enter the system, and is routed to the High Flow Station. The High Flow Bar Screen is responsible for removing large debris from the water before it enters the pumps causing costly damage. Currently,the Bar Screen requires extra in-house maintenance to manually stay in service and needs the requested equipment replaced immediately before becoming fully inoperable. Total pricing in the amount of$82,500.00 was obtained from Vision Equipment, of Houston,the sole source provider for Duperon Corporation equipment that is used on the High Flow Bar Screen. The Manufacturer's warranty is twelve (12)months from installation date. Quote is attached. FUNDING SOURCE Water Non-Operating Fund—Equipment& Other Capital. 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 contract with Vision Equipment, of Houston, Texas, in the amount of$82,500.00 for the High Flow Bar Screen at the Wastewater Treatment Plant. 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 4th day of April, 2023. - Mayor Robin Mouton - City of Beaumont, High Flow Service Station WWTP Duperon WC Service Parts Vision Equipment ProposalR2 # HFSS-Beaumont-DC-FR-SP-W2333-2 ti ' Vision Equipment ) ,..._.,...mi., TEXAS NEW MEXICO OKLAHOMA. Presented To: City of Beaumont Vision Equipment Contact: Hershel Ezzell, Jr., P.E. (281) 850-5414 Chris Hanley (970) 708-2669 41101* r• T -I _ �: C1 Vv1 Technologies for Municipal and Industrial Wastewater Treatment • Water Treatment Membranes • Oxidation Ditch Systems • Horizontal UV Disinfection • Headworks Course Screening • Fine Bubble Aeration • SBR • Headworks Fine Screening • Course Bubble Aeration • MBR • Indexed Tray De-Gritting • Lagoon Aeration • Packaged WWTPs • Vortex De-Gritting • Retractable Aeration • Sludge Holding Tank • Septage Receiving Stations • Oxidation Ditch Conversions Aeration • In-line Grinding • Biosolids Thickening • Digester Mixers • Manhole Grinders • Biosolids Dewatering • Trickling Filters • Grit Classifiers • PD Blowers • SS Mesh Filters • Clarifiers • Turbo Blowers • Washer/Compactors SOUTH&CENTRAL TEXAS SOUTHEAST TEXAS CORPUS CHRISTI TEXAS NORTH TEXAS&OKLAHOMA David Bartlett Hershel Ezzell,Jr., P.E. Randall Eulenfeld Jodie Marbut San Antonio Houston Corpus Christi Weatherford C:2103814030 C:281-8505414 C:361-319-2286 C:817-229-0411 DavidAvislonequlpmentnet Hershel vlsIonequlpmenlnat RandaIk aislonequipmenl.net Jodie&tslonequlpmentnet VISION EQUIPMENT SOUTHEAST TEXAS WEST TEXAS TEXAS Home Office Keisha Antoine,PhD,PE Mike Neill Chris Hanley Vision Equipment Houston Amarillo Office Manager 6 Falb View O.8323563903 C:806-336-5913 C.970-708-2669 FairOaksRandl,TX78015 Keisha'mNnsion-- --- "' quipment.net Chriso)visionequipmentnet EXHIBIT"A" Vis ion Equipment TEXAS •NEW MEXICO •OKLAHOMA March 30, 2023 To: T Brown, City of Beaumont Heather Rita Romine, City of Beaumont Reference: High Flow Service Station WWTP—Duperon FR Spare Parts Subject: Vision Equipment Proposal R2#HFSS-Beaumont-DC-FR-SP-W2333-2-03302023 T, Thank you for the opportunity to provide a proposal for the Duperon service parts for the FlexRake machine W2333-2 at the High Flow Service Station Wastewater Treatment Plant. Based on discussions and pictures, below is the recommended parts list. Pricing for this scope is $82,500.00 and is valid for 60 days. • SUBASSY: SCRAPER FPFS 304 SSTL (5) • SUBASSY: SCRAPER/STAGER -304 SSTL(5) • SUB-ASSY: 2 LINK CHAIN 304SS (60) • ASSEMBLY: CHAIN 304SS (60) • SUBASSY: ROLLER CHAIN SLIDE 304 24 (2) • BEARING: ARM UHMW(2) • Debris Blade (1) Terms of Sale are as Follows: A. Unloading of the above equipment upon arrival is not included B. Installation of the above equipment including any piping or electrical is not included C. This proposal remains valid until May 17, 2023 D. Equipment will be delivered within twelve(12)weeks of receiving an approved PO E. Purchase Orders should be addressed to Vision Equipment, LLC F. The Vision Equipment Price is based on the enclosed Standard Terms & Conditions updated per the request of the City of Beaumont Vision Equipment is a State of Texas certified HUB and WBE supplier. Items purchased from Vision Equipment will be eligible for credit under the enclosed certifications. Please reach out with any questions. We remain at your service, Chris Hanley Hershel Ezzell, Jr., P.E. Vision Equipment Vision Equipment (970)708-2669 (281) 850-5414 Cc: David Bartlett,VE San Antonio, (210)381-4030 SOUTH&CENTRAL TEXAS SOUTHEAST TEXAS CORPUS CHRISTI TEXAS NORTH TEXAS&OKLAHOMA David Bartlett Hershel Ezzell,Jr., P.E. Randall Eulenfeld Jodie Marbut San Antonio Houston Corpus Christi Weatherford C:210-381-4030 C:281.850-5414 C:361319-2286 C:817.2290411 Davld1vlslonequipmentnet Hershettvisionequtpmentnet Randa11QvtslonequIpment.net Jodae@a isionequlpmentnet VISION EQUIPMENT SOUTHEAST TEXAS WEST TEXAS TEXAS Home Office Keisha Antoine,PhD,PE Mike Neill Chris Hanley Vision Equipment Houston Amadeo Office Manager 6 Fails View 0:8323563903 C:8063365913 C:970-708.2669 Fair Oaks Ranch,TX 78015 Ketshatvlsionequtpmentnet MkegrvisionequIpmentnet Chrissgvisionequlpmentnet www.visionequipment.net Vision Equipment TEXAS •NEW MEXICO •OKLAHOMA Minority HUB &WBE Certifications Women Business Enterprise(WBE) I, CTREt Vision Equipment,L.L.C. • South Central Texas Regional Certification Agency of Bexar County,Texas hereby duly affirms that: Vision Equipment,L.L.C. N.'ofom Ml,�'s-,.tAt.,i'it;,'„ tiit,)nn,.fHatflr h—a Rn ra.I.,t,.H'N taps.,t....Y.h1n SM YJ�'ty et/l Vision Equipment, L.L,C. has SixoMsfua/met the cslabished req'3iremems of SCTRCA's easiness Enterprise CeMiran>,Program tote certified as a NA2513HIR wArra TraATunrt tQura!tM.W WSIKN•VlMeAYT WHOLESALERS NC.CS 511l2 rrrottu MAI.0 saSUeTeIG Hay1CCS *WBE Certted NAILS Codes naC.'.ter.«.r.o,sewrev3.t:l'.,as.wt...f se,....rhea,e•I st,q pr...o4 n...l n.s Wt'-AbtrW stt Wtl..al tn,.ntl fr-S"-•1.atr.A%4Xw•. UA%it.a At rr+tt'*.he hWa.elllgzs14,41P)OMtmoW t 4M1 airs,.SflA a'feh a tee•%a.r .,-.......to rust r.tA,t i bf.M OGY$ Mt{.1)IHlfStW-,•.T).ta.l111.ea.r.t,WtOub'..O.1f41O To.as Pa,a4Ct^tt a),.Arj.-t,t:r..5tA,,...A..., WO Mut t%'NNP'alC).SATM fl t,YO Jt`t4YTN�f Cetbbtnr2r tu%1a1 r 4, ,A •Yaeentrw..lszn Ceaf,atwtsp.utn Ot,.,.a 11.2023 to.ts,.Mantra/2$NT• hfuH 03•A'DraGeOMz 2031 ,; � � crpnTlcArailuo.vmt?vwuvin3 1 u CCknncAC�O oreWetn (. Cing/rM,3.flk 4f:MWcr to popery YNtaw Orel,eue',rACveYAn%mg w/y b.to..Kad tb aM.ravod., rtirl nlhb CMS:KOI H1.+•.ri)Yt ,..0).C,1CTaG,l.falt*.t►e ty'aaACeltaar tv.al4`Pitla,a mih...1.0., i Texas Historically Underutilized Business(HUB)Certificate CortiLca!eN10 Number. 10437736019E* 21 0,, 1.1ug Approval r D NNumber. 473 ApprovalowJ Data 21 APR-2020 S:hedu'ed Expiration Date: 2141PR•2024 Tho Texas Comptroller of Public Accounts(CPA).hereby certifies that VISION EQUIPMENT, L.L.C. has successfully mot the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB.This cerlificato printed 14•MAY2020,supersedes any registration and certificate pr0Nousy Issued by the HUB Program.If there are any changes regarding the Information (i.e.,business structure, ownership.day-to-day management,operational control,business location)provided In the submission of the business' application for registration/certification as a HUB,you must immediately(within 30 days of such changes)notify the HUB Program In writing.The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility.HUB certification may be suspended or revoked upon findings of ineligibility. -SfotonfdoHHa-Progrem.—._. .. ._ -- — —__--. .___— _. .. Sfofon+de Procurement Division SOUTH&CENTRAL TEXAS SOUTHEAST TEXAS CORPUS CHRISTI TEXAS NORTH TEXAS&OKLAHOMA David Bartlett Hershel Ezzeil,Jr.,P.E. Randall Eulenfeld Jodie Marbut San Antonio Houston Corpus Christi Weatherford C:210381-4030 C:281-850-5414 C:381319.2286 C:817-229-0411 David visionequfpmentnat Hersttet@visianequipmenlnet Randangvislonequipmentnet Jodieeyistonequipmenlnet VISION EQUIPMENT SOUTHEAST TEXAS WEST TEXAS TEXAS Home Office Ketsha Antoine,PhD,PE Mike Neill Chris Hanley Vision Equipment Houston Amarillo Office Manager 6 Falls View 0:8323563903 C:806-336-5913 C:970.708.2669 Fair Oaks Ranch,TX 78015 Keisha@vlstonequipmentnet Mikel vislonequipmentnet Chds@visionequlpmentnet www.visionequipment.net Vision Equipment, LLC Standard Terms and Conditions of Sale for the City of Beaumont Section One:Terms Applicable repaired by someone other than Seller or have been intentionally or accidentally damaged, or (v) corrosion, The Terms and Conditions of Sale listed below are the erosion, ordinary wear and tear or in respect of any parts exclusive terms and conditions applicable to quotations made which by their nature are exposed to severe wear and tear and orders accepted by Vision Equipment and Consulting or are considered expendable. ("Seller") for the sales of products, equipment and parts B.Seller further warrants to Buyer that at delivery, the relating thereto ("Products"). This quotation or Products will be free of any liens or encumbrances. If there acknowledgment and acceptance is expressly made are any such liens or encumbrances, Seller will cause them conditional upon Buyer's assent to such terms and conditions. to be discharged promptly after notification from Buyer of Any of Buyer's terms and conditions which are in addition to or their existence. different from those contained herein,which are not separately C.THE EXPRESS WARRANTIES SELLER MAKES IN THIS agreed to by Seller in writing,are hereby objected to and shall PARAGRAPH 3 ARE THE ONLY WARRANTIES IT WILL be of no effect. Objections to any terms and conditions MAKE. THERE ARE NO OTHER WARRANTIES, contained herein shall be deemed waived if Seller does not WHETHER STATUTORY, ORAL, EXPRESS OR IMPLIED. receive written notice thereof within 20 days of the date of this IN PARTICULAR, THERE ARE NO IMPLIED acknowledgment. Buyer in any event will be deemed to have WARRANTIES OF MERCHANTABILITY OR FITNESS assented to the terms and conditions contained herein if Buyer FOR A PARTICULAR PURPOSE. either makes any payment to Seller or accepts any delivery of D.The remedies provided in paragraphs 3(a) and 3(b) are the Product.The term"this Agreement"as used herein means Buyer's exclusive remedy for breach of warranty. this quotation or acknowledgment together with any attachment hereto, any documents expressly incorporated by Section Four: Limitation of Liability reference and these Standard Terms and Conditions of Sale. The remedies of buyer set forth herein are exclusive and the Section Two: Delivery aggregate liability of seller for all claims of any kind for any loss or damage resulting from,arising out of or connected with A.Delivery dates are good faith estimates and do not mean this agreement or from the performance or breach thereof, or that "time is of the essence". Buyer's failure to promptly from the manufacture, sale, delivery, resale, repair or use of make advance or interim payments, supply technical any product,shall in no event exceed the price allocable to the information, drawings and approvals will result in a product which gave rise to the claims. The foregoing commensurate delay in delivery. Unless otherwise agreed notwithstanding,if applicable,any claims for(a)delay shall not in writing by Seller, title and risk of loss or damage to the exceed 10% and (b) breach of performance guarantees shall Products shall pass to Buyer upon delivery of the Products not exceed 20%of the price. In no event shall seller be liable F.O.B., Seller's plant (F.O.B., point of manufacture for any to buyer or any party for special, incidental or consequential Product shipped direct to Buyer from any location other damages of any nature, including, but not limited to, loss of than Seller's plant). profits or revenue or business opportunity, loss by reason of B.Seller shall not be liable for any loss or delay due to acts of shutdown of facilities or inability to operate any facility at full governmental authority, laws or regulations, strikes, fires, capacity, or cost of obtaining replacement power. The floods,earthquakes, severe weather,epidemics, quarantine limitations and exclusions of liability set forth in this paragraph restrictions, war, riot, acts of Buyer, wrecks, delays in shall apply to any claim, whether based on contract,warranty, transportation, inability to obtain necessary labor or tort (including negligence), fault, strict liability, indemnity, or materials from usual sources, or other causes beyond the otherwise. All liability of Seller to Buyer, arising out of this reasonable control of Seller. In the event of any such delay Agreement, shall terminate at the expiration of 3 years after in performance due to such causes, the date of delivery or final acceptance. The provisions of this paragraph 4 shall performance shall be deferred for a period equal to the time supersede any inconsistent provisions in any instrument lost by the reason of the delay forming part of this agreement. Section Three:Warranty Section Five:Taxes A.Seller warrants to Buyer that the Products will be delivered Seller's prices do not include any sales, use, excise or other free from defects in material and workmanship. This taxes. In addition to the price specified herein, the amount of warranty shall commence upon delivery of the Products and any present or future sales, use,excise or other tax applicable shall expire on the earlier to occur of 12 months from initial to the sale or use of the Products shall be billed to and paid by operation of the Products and 18 months from delivery Buyer unless Buyer provides to Seller a tax-exemption thereof (the "Warranty Period"). If during the Warranty certificate acceptable to the relevant taxing authorities. Period Buyer discovers a defect in material or workmanship and gives Seller written notice thereof within 10 days of Section 6: Security Interest such discovery, Seller will, at its option, either deliver to Buyer a replacement part or repair the defect in place. Seller shall retain a purchase money security interest in the Seller will have no warranty obligations under this Section Products until all payments have been made in full. Buyer 3(A): (i) if Buyer fails to ensure that the Products are agrees to do all acts necessary to perfect and maintain such operated and maintained in accordance with generally security interest in Seller and to protect Seller's interest in the approved industry practice and with Seller's specific written Products. instructions; (ii) if the Products are used in connection with any mixture or substance or operating condition other than that for which they were designed; (iii) if Buyer fails to give Seller such written 10 day notice; (iv) If the Products are Vision Equipment,LLC. Standard Terms and Conditions of Sale Page 1 of 3 Vision Equipment, LLC Standard Terms and Conditions of Sale for the City of Beaumont Section 7: Set Off drawings. Buyer will defend and indemnify Seller from any Neither Buyer nor any of its affiliates shall have any right to set claim, suit, or liability based on personal injury (including off claims against Seller or any of its affiliates for amounts death) or property damage related to any Product or part owed under this Agreement or otherwise. thereof which is fabricated by a third party without Seller's prior written consent and from and against related costs, charges Section 8: Patents and expenses (including attorney's fees).All copies of Seller's drawings shall remain Seller's property and may be reclaimed Unless the Products or any part thereof are designed to by Seller at any time. Buyer's specifications and provided the Product or any part Seller acknowledges that Buyer is a governmental entity thereof is not used in any manner other than as specified or subject to the Public Information's Act (Act) and therefore approved by Seller in writing, (i) Seller shall defend against limited in its ability to withhold information deemed "public" or any suit or proceeding brought against Buyer to the extent "subject to release"under the Act. based on a claim that any Product, or any part thereof, infringes any United States patents; provided Seller is notified Section 12: End User promptly in writing and given authority, information and assistance for the defense of such suit or proceeding; (ii) If Buyer is not the end user of the Products sold hereunder Seller shall satisfy any judgment for damages entered against (the "End User"), then Buyer will use its best efforts to obtain Buyer in such suit; and (iii) if such judgment enjoins Buyer the End User's written consent to be bound to Seller by the from using any Product or a part thereof,then Seller shall at its provisions of paragraphs 3, 4, 5, and 11 hereof. If Buyer does option: (a) obtain for Buyer the right to continue using such not obtain such End User's consent, Buyer shall defend and Product or part; (b)eliminate the infringement by replacing or indemnify Seller and Seller's agents, employees, modifying all or part of the Products; or (c) take back such subcontractors, and suppliers from any action, liability, cost, Product or part and refund to Buyer all payments on the loss or expense for which Seller would not have been liable or purchase price which Seller has received, in which case from which Seller would have been indemnified if Buyer had neither Buyer nor Seller will have any claim against the other obtained such End User's consent. under this Agreement or arising out of the subject matter of Section 13:General this Agreement. The foregoing states Seller's entire liability for patent Infringement by any Product or part thereof. A.Seller represents that any Products or parts thereof manufactured by Seller will be produced in compliance with Section 9: Cancellation all applicable Federal, state and local laws applicable to Buyer may only cancel its order for cause agreeable to the their manufacture and in accordance with Seller's Seller and upon written notice to Seller and upon payment to engineering standards.Seller shall not be liable for failure of Seller of Seller's cancellation charges,which shall be specified the Products to comply with any other specifications, to Buyer and shall take into account among other things standards, laws or regulations. expenses (direct and indirect) incurred and commitments B.This Agreement shall inure only to the benefit of Buyer and already made by Seller and an appropriate profit. In the event ' Seller and their respective successors and assigns. Any of the bankruptcy or insolvency of Buyer or in the event of any assignment of this Agreement or any of the rights or bankruptcy or insolvency proceeding brought by or against obligations hereunder, by either party without the written Buyer consent of the other party shall be void. In the event of extreme delay, Buyer may cancel its order C.This Agreement contains the entire and only agreement without penalty. For the purpose of this section extreme delay between the parties with respect to the subject matter shall mean six months longer than the estimated delivery date. hereof and supersedes all prior oral and written understandings between Buyer and Seller concerning the Section 10: Changes Products, and any prior course of dealings or usage of the trade not incorporated herein. Seller will not make changes in the Products unless Buyer and D.This Agreement (including these standard terms and Seller have executed a written Change Order for such change. conditions of sale) may be modified, supplemented or Such Change Order will include an appropriate price amended only by a writing signed by an authorized adjustment. If the change impairs Seller's ability to satisfy any representative of Seller. Seller's waiver of any breach by of its obligations to Buyer, the Change Order will include Buyer of any terms of this Agreement must also be in appropriate modifications to this Agreement. If after the date of writing and any waiver by Seller or failure by Seller to this quotation or acknowledgment, new or revised enforce any of the terms and conditions of this Agreement governmental requirements should require a change in the at any time, shall not affect, limit or waive Seller's right Products;the change will be subject to this paragraph 10. thereafter to enforce and compel strict compliance with every term and condition thereof. Section 11: Confidentiality E.This Agreement and the performance thereof will be Buyer, to extent permitted by law, acknowledges that the governed by and construed according to the laws of the information which Seller submits to Buyer in connection with State of Texas. The parties hereto agree to the jurisdiction this quotation or acknowledgment includes Seller's confidential of the Federal and State courts sitting in Tarrant County, and proprietary information, both of a technical and Texas m». In commercial nature. Buyer agrees not to disclose such the event this Agreement pertains to the sale of any goods information to third parties without Seller's prior written outside the United States, the parties agree that the United consent. Buyer further agrees not to permit any third party to Nations Convention for the International Sale of Goods shall fabricate the Products or any parts thereof from Seller's not apply to this Agreement. Vision Equipment,LLC. Standard Terms and Conditions of Sale Page 2 of 3 Vision Equipment, LLC Standard Terms and Conditions of Sale for the City of Beaumont Section 14: Legal Fees To extent permitted by law, all legal fees to collect debts owed to seller from buyer shall be paid by the buyer. All legal fees required to settle indebtedness of buyer to seller shall be paid in full by the buyer. Vision Equipment,LLC. Standard Terms and Conditions of Sale Page 3 of 3 1 April 4, 2023 Consider a request to annex the south half of the right-of-way of Spindletop Avenue BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: April 4,2023 REQUESTED ACTION: Council consider a request to annex the south half of the right-of- way of Spindletop Avenue. BACKGROUND The existing city limit line travels along the centerline of Spindletop Avenue, which leaves half of the street to be inside city limits and the other half served by Jefferson County. This shared ownership has prevented both the City and County from performing necessary and extensive rehabilitation to the road. With Council approval,the City entered into an Interlocal Agreement with Jefferson County in October, 2021. The agreement states Jefferson County shall reimburse fifty (50)percent of the costs, not to exceed $265,000. City staff performed the engineering, surveying and bidding for the Spindletop Avenue Roadway and Drainage Rehabilitation Project. Council awarded a contract in February, 2022 to stabilize and resurface the roadway base, remove and replace the driveway culverts, and regrade and reshape the drainage ditches. The final contract was awarded in the amount of$532,052.51 as accepted by Council in August, 2022. Request for payment was submitted to Jefferson County and was received on October 14, 2022. Annexation of the south half of the right-of-way of Spindletop Avenue will allow the City to maintain the infrastructure and perform future improvements as necessary to ensure the integrity of Spindletop Avenue. At a Joint Public Hearing held on March 20, 2023, the Planning Commission recommended 9:0 to approve the request to annex the south half of the right-of-way of Spindletop Avenue. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE ANNEXING THE SOUTH HALF OF THE RIGHT-OF-WAY OF SPINDLETOP AVENUE, BEGINNING FROM THE INTERSECTION OF S. MARTIN LUTHER KING JR. PARKWAY HEADING WEST TO THE CORNER OF THE LOWER NECHES VALLEY AUTHORITY CANAL, BEAUMONT, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE THE SAID PROPERTY WITHIN THE CITY LIMITS, AND GRANTING THE SAID TERRITORY AND TO ALL INHABITANTS THEREOF ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS; BINDING SAID INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY; AND, ADOPTING A SERVICE PLAN. WHEREAS, Article 1, Section 4 of the Charter of the City of Beaumont, Texas, an incorporated city, authorizes the annexation of additional territory, subject to the laws of this state; and, WHEREAS, the procedures prescribed by the Texas Local Government Code and Charter of the City of Beaumont, Texas have been duly followed with respect to the annexation of the territory as described in and shown on Exhibit "A," attached hereto; and, WHEREAS, the territory lies adjacent to and adjoins the present boundaries of the City of Beaumont, Texas; 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; Section 1. The land and territory lying adjacent to and adjoining the present boundaries of the City of Beaumont, Texas as described in and shown on Exhibit "A," attached hereto, is hereby added and annexed into the City of Beaumont, Texas; said territory shall hereinafter be included within the boundary limits of the City of Beaumont, Texas; the present boundary limits of such City at the various points contiguous to the area as described in and shown on Exhibit "A," attached hereto, are altered, amended, and extended so as to include said area within the corporate limits of the City of Beaumont, Texas, such property shall be within Ward 2 for purposes of municipal elections. Section 2. The described territory in the area so annexed shall be a part of the City of Beaumont, Texas, and the inhabitants thereof, if any, shall be entitled to all the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Beaumont, Texas. Section 3. A service plan for the area is hereby adopted and attached as Exhibit "B." 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 4th day of April, 2023. - Mayor Robin Mouton - -'-''''''' `'.,-.41fikl)14. % ii.' 't •-t- ''' .7%; ' -f .1. :(.%.•• .,-,• • '•-•:if 440%. . :t.-(W.':'N't -' ' 4 7.- . ''''-' . @Filo •- . 41! •. N. ••• ..., '4 ' •'..•,.- "•- 't •‘,.,-•-‘•-)" . • :\ " •• - •.,- .•'1' : - ' ' -4- . Legorici r .i; wp -. ...- • ,• "i',..iy.N"'..„,0 „„ . , ••N, • .. -:-...k:- . ,.., : . 4. „.. " i -::;ki,.. -,..se.A., • , ..? 1.14.1%,:f-..:-- 1.--• ••••\. 7 ,.• .,: .p., ....t. ....." ,.; .1.5.c;.- . . . :- ;pl . . .. . . . . k ..41514,1F ..-.•-e• - ' • '' ''' ' Limits . .• ...... - --.I.,. i s , ,Vt4f - . .. -••••41 i. 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" , -,g .s, , i ., s..... ,i., ,r/. , .r .- c ,. . •/ 'Itilik- ' / ' ,,, ', •,•.'..e,..1% ' .4 -..• ..—.4 ? ts- .... . -i.,...• ,••••,;,; .;),.. 7-!. • •...,,i,f..,.•• s,„, •,-•t*,-,..N4z, -.,.est, ••.•„z, --i.... , • .. . -,44,-, , ••. `-.(.• --,,,,,-,„‘..A ty- L Nolik • .k,..-'clt s,z ,,,..,,,.„,,,,..,,,.„,,,,-4,, ,,,.., ,-,,..r.Q:-,....._..,;(..,..,,,,,.c",,,t,A, ft„4:, .;,1•:,.7.•,,,,., . t/i',,, \ . .- ,, . `41., - 2,/, .., 1!--4, t•-4.'s.,:•.,. , 1 p...- - '-‘, ‘ ,t-::, -:,.-,,-t ,)., ::,,,,,„ , -,•. .., ':;.....-k . . . •,.. li.•'.;. • • • •.,,f, , 1 .4.,- , .. • i ". . • ..,,,7-—fl t;•— ' .ttl‘ti." Az 4-'v.- Exhibit "B" MUNICIPAL SERVICE PLAN FIRE Existing Services: Beaumont Fire Extra Territorial Jurisdiction (ETJ) Services to be Provided: Fire suppression will be available to the area upon annexation. Primary fire responses will be provided by Fire Station No. 3, located at 805 Woodrow Avenue, Beaumont,TX 77705. Adequate fire suppression activities can be afforded to the annexed area within current budget appropriation. Fire prevention activities will be provided by the Fire Marshal's office as needed. POLICE Existing Services:Jefferson County Sheriff's Office Services to be Provided: Currently, the area is under the jurisdiction of the Jefferson County Sheriff's Office. However, upon annexation, the City of Beaumont Police Department will respond to calls in this annexed area. BUILDING INSPECTION Existing Services: Jefferson County Services to be Provided:The Planning& Community Development Department will provide Building Code Enforcement Services upon annexation. This includes issuing building electrical and plumbing permits for any new construction and remodeling, and enforcing all other applicable codes which regulates building construction within the City of Beaumont. PLANNING AND ZONING Existing Services: None Services to be Provided:The Planning& Community Development Department will provide planning and zoning benefits and protections to this are upon annexation. LIBRARY Existing Services: None Services to be Provided: Upon effective date of annexation,free library use privileges will be available to anyone residing in this area. HEALTH DEPARTMENT-HEALTH CODE ENFORCEMENT SERVICE Existing Services: Jefferson County Health Department Services to be Provided:The City of Beaumont's Health Department will enforce health ordinances and regulations on the effective date of the annexation. STREET Existing Services: County Street Maintenance Services to be Provided: Maintenance to the street and bridge facilities within this annexed area will be provided by the City of Beaumont upon the effective date of the annexation. This service can be provided within the current budget appropriation. STREET LIGHTING Existing Services: None Services to be Provided:The City of Beaumont will coordinate any needed, improved street lighting with the local electric provider in accordance with standard policy. WATER SERVICE Existing Services: City of Beaumont maintained water line (6" Pipe) Services to be Provided: Water service to the area will be provided in accordance with the applicable codes and departmental policy. When other property develops in the adjacent area, water service shall be provided in accordance with extension ordinances. Extension of service shall comply with City of Beaumont's codes and ordinances. SANITARY SEWER SERVICES Existing Services: City of Beaumont maintained sewer line (8" Pipe) Services to be Provided: Sanitary sewer service to the area of proposed annexation will be provided in accordance with applicable codes and departmental policy. When property develops in the adjacent areas, sanitary sewer service shall be provided in accordance with the present extension ordinance. Extension of service shall comply with applicable City of Beaumont codes and ordinances. SOLID WASTE SERVICES Existing Services: None Services to be Provided: Solid Waste Collection by the City of Beaumont shall be provided to the area of annexation in accordance with the present ordinance. MISCELLANEOUS All other applicable municipal services will be provided to the area in accordance with the City of Beaumont's established policies governing extension of municipal services to newly annexed areas. 2 April 4, 2023 Consider a request for a Specific Use Permit to allow an office warehouse and wholesale distribution in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 1575 S. Major Drive BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an office warehouse and wholesale distribution in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property located at 1575 S. Major Drive. BACKGROUND HudProp, L.L.C. requests a Specific Use Permit to allow an office warehouse and wholesale liquor distribution business located at 1575 S. Major Drive. The GC-MD-2 zoning district requires a Specific Use Permit for all new proposed land uses. The office operations will consist of executing payroll,processing payables, ordering products for other locations. The warehouse operations and wholesale distributions of liquor will consist of accepting orders,boxing orders, and shipping to local businesses within Jefferson County via two (2) Ford transit vans. The hours of operations are Monday through Friday, 9:00 a.m. to 5:00 p.m. At a Joint Public Hearing held on March 20, 2023, the Planning Commission recommended 9:0 to approve the request for a Specific Use Permit to allow an office warehouse and wholesale distribution in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property located at 1575 S.Major Drive,with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow,pre- treatment, and/or FOG program. 2. Construction plans shall comply with all applicable Building Codes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance,with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow,pre- treatment, and/or FOG program. 2. Construction plans shall comply with all applicable Building Codes. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN OFFICE WAREHOUSE AND WHOLESALE DISTRIBUTION IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 1575 S. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, HudProp, L.L.C., has applied for a specific use permit to allow an office warehouse and wholesale liquor distribution business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 1575 S. Major Drive, being Lot 11-A, Tract 1, Block A, Replat of Lots 10 and 11, Mayfair Addition, Beaumont, Jefferson County, Texas, containing 0.718 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 an office warehouse and whole liquor distribution business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 1575 S. Major Drive, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs and/or FOG program; and, 2. Construction plans shall comply with all applicable Building Codes; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an office warehouse and wholesale liquor distribution business 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. Section 1. That a specific use permit to allow an office warehouse and wholesale liquor distribution business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 1575 S. Major Drive being Lot 11-A, Tract 1, Block A, Replat of Lots 10 and 11, Mayfair Addition, Beaumont, Jefferson County, Texas, containing 0.718 acres, more or less as shown on Exhibit"A," is hereby granted to HudProp, L.L.C., their 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: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs and/or FOG program. 2. Construction plans shall comply with all applicable Building Codes. 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 4th day of April, 2023. - Mayor Robin Mouton - • TB Equico, LLC, a Texas limited liability c.Fmorly • FND 1/2' IS'EASEMENT 10 el L ROD SOUTHWESTERN BELL By: S q 1 I TELEPHONE COMPANY Todd Brock b P VOL 2139,DRJCPG.55 `pt>>* CALLED 0.4303 ACRES �pA I 29 a wv I JKV-TV LIMITED PARTNERSHIP \,OS apt o' I CF NO.2010011631 I to C o II OPRJC I U o ■, i/2'L ROD a _ m J' /�STAMPED 1'x 8'SIGN EASEMENT (CALL N8711'07'E 312.78') ,I �/2 I� ��_+ PER PLAT FND N8T10'24"E 312.86' a,_�_•, , —n _(.) i\i(_`__ _ .nr_.,_ r—nr—nr RO II - 1 GATE . ..I 1.13' II BUSINESS �30'ACCESS EASEMENT Io > LEGEND le 5:II SIGN PER PLAT I I A TELEPHONE POLE :lit•. '� n 1 I 0 6 WATER VALVE e.g•11 L . - J I c o - w0 WATER METER e. -II T li!llil o $g • _- 125.3' LOT11A > W$ m GRATE INLET 41 II r .9 BLOCK A N o �p ® SIGNMAT BOX >X +-41 U �I SAVE&EXCEPT y v N �O CLEAN OUT •I / .. Bwac&METAL ) 0.4303 ACRES I o 2 gEl p e I\ FRAME COMMERCIAL 'n > �' GUARD POST re gz . i�% s BUILDING g FND 0.7209 ACRES I p HANDICAP PARKING O D Z —w —WOOD FENCE Z \ ABN PROPERTIES. LLC IL —ar—CHAIN LINK FENCE LL �\ CF OPRJC I —HAND RAIL m > —o'c—OVERHEAD ELECTRIC g 39,86.41A } 1/Bt, 12S 4' 1.26' +\ --oc��,�K - o —, ( 1 CONCRETE FND 1/2'L �w— —of—ar w w w—w- w w-f•-ar -ar—ar—u,—w—a,---..,-_._..� _ -' w� FND 3/4• ROD W/CAP i S v L PIPE (DAMAGED) FND 587'02'38"W 312.96' (CALL S8T02'381.1 312-96') TO THE UENHOLDERS AND THE OWNERS OF THE PREMISES SURVEYED REFERENCE BEARING PER CF NO.2007032267,OPRJC NOTES ACCORDING TO SCHEDULE"B" AND TO THE FIDELITY NATIONAL Ira INSURANCE COMPANY. 10z. EASEMENT TO TRIM OR REMOVE TREES AND UNDERBRUSH ON THE WEST THIRTY(30)FEET. THE UNDERSIGNEDONTHEDOES HEREBY CERTIFY THAT THIS SURVEY WASBTHIS LOS\2 RESERVED BY GULF STATES UTDITItS COMPANY IN VOL 1682, PG.68,DEED RECORDS OF DAY MADE ON GROUND OF THE PROPERTY ERARENO LEGALLYI DESCRIBED JEFFERSON COUNTY.TEXAS.(SUBJECT TO.UNABLE TO PLOT) HEREONANDISSHORTAGES A IN AND THAT BOUNDARY NO DISCREPANCIES, 10Aa. A THIRTY FOOT ACCESS EASEMENT AS SHOWN ON THE PLAT RECORDED UNDER COUNTY CONFLICTS,ENCROACHMENTS. OVER-LAPPING AREA.OF IMPROVEMENTS,EASEMENTS CLERK'S FILE NO.2007032267,OFFICIAL PUBLIC RECORDS OF JklPAHDUN COUNTY.TEXAS. RIGHTS-OF-WAY Y EXCEPT OF ANDET SAID S OR (PLOTTED HEREON) HAS ACCESS TO FROMAS SHOWN HEREON.AND THAT SAID PROPERi•f HAS ACCESS TO AND A DEDICATED ROADWAY. 10Ab. A ONE BY EIGHT(1 x B)FOOT SIGN EASEMENT AS SHOWN ON THE PLAT RECORDED ALL EASEMENTS SHOWN AND NOTED PER TEXAS REGIONAL TITLE COUNTY CLERICS FILE NO.2007032267,OFFiC!AL PUBLIC RECORDS OF JEFFERSON COUNTY. G.F. No. 21845-MM . . 10Ac. EASEMENT(PLOTTED YENNFAVOR OF SOUTHWESTERN BELL TELEPHONE COMPANYAS RECORDED • . Owner.Todd Brock DATE SURVEYED: MARCH Ti, 7017 �E N VOL 2139,PG.55,DEED RECORDS OF JEFFERSON COUNTY.TEXAS. (DOES NOT AFFECT A Ii ,"p\STt�-/-A 1575 S MAJOR DRIVE Census: 13.02 SUBJECT TRACT.PLOTTED HEREON) A Q- *' O 9 A BEAUMONT,TEXAS 77707 In accordance with the Flood Hazard TOAd. A FIVE(5) FOOT UTILITY EASEMENT DATED FEBRUARY 27.2008, EXECUTED BY STANLEY E A ` A Boundary .Mop,Department of Housing NOBLES AND JODIE NOBLES TO LANORY J.ROUNTREE AND WIFE,SHARON R.ROUNTREE Lot Number Eleven A" (11A), in Block "A" of P RECORDED UNDER COUNTY CLERK'S FILE NO.UNTREE7632,OFFICIAL PUBLIC RECORDS OF THOMAS S. ROWE and Urban Drrclo menL Nzz::::Avi .--- 4 ••,' r the Amended Plot of Lots 10 and 11, MAYFAIR JEFFERSON COUNTY.TEXAS.(DOES NOT AFFECT SUBJECT TRACT) p \q 5728 P •ry ADDITION to the City of Beaumont, Jefferson Community No.:485457 r,`:OA- •� •, County. Texas, as the same appears upon the Ponel No.:0055 D THOMAS S.ROWE-REGISTERED PROFESSIO' n!It S • !' T"•728 mop or plat thereof, on file and of record under Date of FIRM:10-15-10 LIQ pTM! IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. .-' County Clerk':ordsFJa rso 2007y,2267 Official Thix property lies in Zone 'X"(white). 2.THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE MARK W. THISECF'Y Public Records of Jefferson County,Texas. P. 0. BOX 5492 Location on mop determined by scale on map. SURVEYOR.WHICH IS BASED ON HIS BEST KNOWLEDGE.INFORMATION AND BELIEF, FORMED IN AND ASSOCIATES BFI,UYONI. 1FJ(AS T7T26-:;1D2 THE Actual field elevation not determined. COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE INCORPORATED 409-892-042t SAVE AND EXCEPT that 0.4303 acre tract of land Mork W.Whiteley and A:,.ociatc does not REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE that war, conveyed by ABN Properties. LLc in warrant nor aubooriba to the accuracy or TEXAS SOCIETY OF PROFESSIONAL SURVEYORS.AS SUCH.IT CONSTITUTES NEITHER A GUARANTEE NOR COILSIR.tOtC ENGINEERS. favor of JKV-TV Limited Partnership dated stole of said maps. A WARRANTY.EXPRESSED OR MPUED. SSIRV6YOR AND MANNERS B ra,�. 03 3-22-2010 filed 3-31-2010 under County Coma o.*W. be. YJLPL4.FIRM NO.ioioe7tq m (FAX) 4D9-cox-134a Clerk's File No. 2010011631 Official Publicn..s ew'.+."a`"r".,,.,r .A,orler ionic...rn.vmwb ( Zone�X'(white) are areas determined W Yvx r.array•Aw.60r.,he w A eel w 10 ewa,n ',&n.. W:\2017\17-360\17-360.DWG\KLK Record: of Jefferson County,Texas. to be outside 500-year flood plain. 4000G e•601eub1.a..a.Ce parr About IN"""""^"r"""of Wok W.Mkt.,c Aw.ccrx he EXHIBIT"A" PZ2023-66: Request for a Specific Use Permit to allow an office warehouse and wholesale N distribution in the GC-MD (General Commercial— Multiple Family Dwelling) District. Applicant: HudProp, L.L.C. Location: 1575 S. Major Drive 0 100 200 I 1 I !Feet GC MD R-S Legend `` . # R IGHTiON _ � PZ02366 R .1 i i0 k ., ...., ---0,07-1A",,,,. I i B I _ .ft =,, _., . _ '_ ._. _1_ . . ..-, i n Y ,GC'MD tINW tom ffisin t,INMINIIII T4 . q , ,- i..Men k ri iMa.12= UM .% 4 ' EMI RN1-Hi i r;� d�,_ �.` I, . Asimmommilli ,a 1 t iiii- . ^".a.NM j 1 .:. ^ t.4 4 . .lift "MIN 'imiiillIONIIIIMM t! N WE ,.. j,,,, .,4 . 41t1111614 lin IIII III ) IN 1 1 RM'H f;a ind C , illillt IN 1.1 2M 111011.51. t 1"1111 4 GZ � l �-` trill 1it i.` ® kI 4. fay= 3 _ i' . q x' • y, L!l;iy ' !laiiiiiiii'TI �P I 1 r {. ; �� 4-„,v) tunift i. j IMINI I'M, ',' clkill..1111.11.1.11".ffl.7-72-' ,' tilt NMI , ' lipp ,. r.p4 &O, \lb, '•,:, 1./34"A :,:‘ ' 0- '.Al ); , 1 _.,__ _ Mali • 1' ,,Illi . , -R S- A WA') 1\ic $IPJAS .GTONr < _HIN �, ' �' ,�, 3 IIIR S IGE MD '�i. ' ' ,,RrS - o` 'IIIII .5. /' : I.• . t : 1 1 A. 5 1; 0 A Rr.S�.,r. Exhibit "B" LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 11-A, Track 1, Block A,Replat of Lots 10 and 11, Mayfair Addition,Beaumont, Jefferson County, Texas, containing 0.718 acres, more or less. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type:Specific Use Permit Tag Name:SUP for office warehouse and whoelsale Case#: PZ2023-66 distribution. Location: 1575 S MAJOR DR, BEAUMONT, 77707 Initiated On:2/8/2023 9:06:57AM Individuals listed on the record: Applicant HudProp, LLC Home Phone: 7725 Devonshire Work Phone: Beaumont,Tx 77713 Cell Phone: 4097822453 E-Mail: Mike@Long-HornLiquor.com Property Owner FIFTEEN 75 S MAJOR LLC Home Phone: 4345 PHELAN BLVD Work Phone: Beaumont,Tx 77707 Cell Phone: 4097826202 E-Mail: Aislinn@tpgllc.com Agent Hershel Manley Home Phone: Missing Address, City,State, or Zip Code in People Work Phone: Cell Phone: 4096793283 E-Mail: Connectsetx@gmail.com Case Type:Planning and Zoning Page 1 of 2 Case#:PZ2023-66 Printed On:3/6/2023 BEAUMONT Planning &Community Development Legal Description Lot Number Eleven A(11A) in Block"A"of the amended plat of Lots 10 and 11 of the Mayfair Addition Number of Acres 0.72 Proposed Use warehouse&whoelsale distribution That the specific use will be Use of property will will be compatible with and not injurious to the compatible with and not injurious to use and enjoyment of other property, nor significantly diminish or the use and enjoyment of other impair property values within the immediate vicinity property,nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific The establishment of the specific use will not impede the normal and use will not impede the normal and orderly development and improvement of surrounding vacant property; orderly development and improvement of surrounding vacant property; That adequate utilities,access roads, Adequate utilities, access roads,drainage and other necessary drainage and other necessary supporting facilities have been established supporting facilities have been or will be provided The design, location and arrangement The design, location and arrangement of all driveways and parking of all driveways and parking spaces spaces provides for the safe and convenient movement of vehicular provides for the safe and convenient and pedestrian traffic movement of vehicular and pedestrian traffic That adequate nuisance prevention Adequate nuisance prevention measures have been or will be taken measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration to prevent or control offensive odor, fumes,dust,noise and vibration That directional lighting will be Directional lighting will be provided so as not to disturb or adversely provided so as not to disturb or affect neighboring properties adversely affect neighboring properties That there are sufficient landscaping There are sufficient landscaping and screening to insure harmony and and screening to insure harmony and compatibility with adjacent property compatibility with adjacent property That the proposed use is in Proposed use is in accordance with the Comprehensive Plan accordance with the Comprehensive Plan Notes: Case Type:Planning and Zoning Page 2 of 2 Case#:PZ2023-66 Printed On:3/6/2023 Specific Use Permit Only PZ2023-66 We are requesting a Specific Use permit at the below address: 1575 S MAJOR DR, BEAUMONT,77707 The description of the request is as follows: Office operations which will consist of executing payroll, processing payables,ordering product for other locations Warehouse operations&wholesale distributions of liquor which will consist of accepting online& phone orders, boxing the orders and shipping to local businesses within Jefferson County via our two Ford Transit vans Hours of Operation Sunday Closed Monday 9:00 to 5:00 Tuesday 9:00 to 5:00 Wednesday 9:00 to 5:00 Thursday 9:00 to 5:00 Friday 9:00 to 5:00 Saturday Closed Employees Four(4) Delivery We utilize Ford Transit Delivery Vans 3 April 4, 2023 Consider a request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial—Multiple Family Dwelling) District for property located at 2865 S. 11th Street BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial—Multiple Family Dwelling)District for property located at 2865 S. 11th Street. BACKGROUND Courtney Watson has requested a Specific Use Permit to allow a gaming site at 2865 S. 11th Street. The applicant wishes to have fifteen(15) gaming machines at this location. The hours of operation for the business would be Monday to Sunday, 10 a.m. to 10 p.m. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result,require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such,proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property is in close proximity to Gateway Village Senior Apartments and Sunlight Manor Apartments. Additionally, a church, Victory Temple, is located within 400' of the proposed gaming facility. The existing parking lot accommodates for five (5)parking spaces to serve four(4) suites for lease. A gaming facility would require sixteen(16)parking spaces. The site does not appear to enough real property to accommodate expansion of the parking lot to meet minimum off-street parking requirements. At a Joint Public Hearing held on March 20, 2023,the Planning Commission recommended 9:0 to deny the request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2865 S. 11th Street. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING SITE IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2865 S. 11TH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Courtney Watson, has applied for a specific use permit to allow a gaming site in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2865 S. 11th Street, being the west 162' of the south 85' of Lot 6, Block 27, College Acres Extension Addition, Beaumont, Jefferson County, Texas, containing 0.27 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a gaming site in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2865 S. 11th Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a gaming site is in the best interest of the City of Beaumont and its citizens; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a gaming site in a GC-MD (General Commercial- Multiple Family Dwelling) District for property located at 2865 S. 11th Street, being the west 162' of the south 85' of Lot 6, Block 27, College Acres Extension Addition, Beaumont, Jefferson County, Texas, containing 0.27 acres, more or less as shown on Exhibit"A," is hereby granted to Courtney Watson, their 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 4th day of April, 2023. - Mayor Robin Mouton - 1101E 1.NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. 2.THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL BELBELIUO JGUEHT BY THE \ --2r` - SURVEYOR WHICH IS BASED ONHISBEST KKOµTIDGE. INE0R1UT70I1 A210 EF, FOI4UED IY THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STAJlOAROS OF PRACTICE SCALE I"=30' RCCIOUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTTTIRES END.5/B'I.ROD NEITHER A GUARANTEE NOR A WARRANTY,EXPRESSED OR 6JPLJED. W/CAP STAMPED5/8'I. ROW • 3.ALL SET 5/8'IRON RODS SET WITH A GAP STAMPED'YMRELEY•. µ W/CA &AE')ATTW 4.•CALLS PER CF N0.2010038961 OPRJO pROTRUS'1014 NOTE: Q)CONCRETE PARKNG LOT PROTRUDES FROM 0.00'TO 0.42'ONTO AD.IOULERS PROPERTY. (CONCRETE PARKNC LOT PROTRUDES FROM 2.34'TO 3.33'ONTO UNIMPROVED TTRRELL AVENUE RIGHT OF WAY. , 1 LEGEND pp� GYJ°100 U§�`� co, N 0 POWER POLE Imo," co,T + B TELEPHONE PEDESTAL ar° r HANDICAP PARKING �z ;5 6 WATER VALVE w WATER METER \. 007 MANHOLE CALLED 2.187 ACRES -l©r CURB INLET KEMP PROPERTIES,LP fr nyn CF N0. 2010038961 -A —or—CHAIN LINK FENCE Of OF —pc.—OVERHEAD ELECTRIC G Wf --y-DITCH TOP I • j0 ( {Li CONCRETE CALCULATED CORNER id ' ' MO.5/8'I.ROD ?n UNABLE TO FUND OR SET (*CALL 50003'S8 E MOO') W/YELOW CAP DUE TO CONCRETE FND S00°04'07"E 85.82' STAMPED MH TI7En. 0 END BRASS DISK IN GONG. W.162'OF THE NOTE: BEARS N66'S9'48'E 0.67'I S.85'OF LOT 6 'A PARKING STRIPES VERY BLOCK 27 CINDERBLOCK • FADED AT TIME OF SURVEY. r�_Of—�— s ✓STORAGE 000NCRETE 04 I fW9.8 _, 6.11' PROPERTY UNE�-� 60.3, 333• ff 1300(21 N ND v I CA S 0:1ENS10 co CO�L�f;�A vO� 5'pG 102 ', I o BRICK&METAL „ 3J COMMERCIAL e MR3C 2 I # ° BUILDING ss N o ce • 7. •- �d l z w S CO , mne. I z Z CALLED 1,166 ACRES r l I f0 2187 ACRES "2 I j,! 0 CCN. 0 r 633' Q o 0 OJOSEPH REAL ESTATE KEMP PROPERTIES,LP U. ` J -'l J a HOLDINGS,LLC CF N0.2010058461 °`1 6 �� W v Cl'NO.2RJC 2021015944 OPRJC th, \ N 9 i ! I '. pe END 1/2'I.PIPE 0 w END.5/8'I. DEARS N74'160.54. in/ -. WALTER KYLES,JR.el BUSINESS-i-� ~ ROD W/CAP EJO.CONC.L70`!. 0CF ND.2007nommI5 r 234' END.CONC. MON1. STAMPED y4r OPRJC a END. 1/2' END 1/2' 9 W/BRASS DISK -LEAP'r3 W/BRASS DISK D0.42 t I.R00(BENT) I.PIPED__ END 1400'05'41'E 164.83' ENO!,'0005'40'E 133.72' r FM)N00°01'b0°E 86.49' EN0 I:0026'221V 60.18' (CALL 110005'40'E 133.72') (Call 85b0') (CAUL 60.00') REFERENCE FEARING PER CF N0.2010038961 OPRCX - DROW.L REST LINE OF BOCK 27 _ % ^S.11TH STREET (CALLED EL.EYE Ttt SIKLLI PER PLAT) (104'ROW) 2865 S. 11111 STREET BEAUM.O;T,TEXAS 77701 TO THE OWNERS OF THE PREMISES SURVEYED The West One Hundred Sixty-two Feet of the South AS OF THE DATE OF THE SURVEY Eghty-five Feet of Lot Stx(W. 162' c4 the S. 85' of Lot 6), Block Twenty-seven (27), COLLEGE I,MICHREL L.CINOATE DO HEREBY CERTIFY THAT THIS SURVEY WAS TICS DAY ACRES EXTENSION ADOOK)N, to the City of MADE 04 THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED Beaumont,Jefferson County,Texos,os per the mop HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE SUE OF THE or plat of record in Volume 5, loge 102, of the SURVEY. Mop Records of Jefferson County,Texos. FEBRUARY 14,2023 E F T(;i:. Owner.Wolter Wes,Jr. DATE SURVEYED' �'G.••\5T,,, a �P�O RF.,, ' In accordance with the Flood Hazard ,6 F. * o•;n • Boundory Map,Deportment of Housing i and Urban Oeve'opmenL IC LL.CHOATE - Community lix.:485457 �i/'�'''' Panelt F: M:8 6 ;�•.,, 6893 `- i�,t'' opG5510,;62. Date of FIRM:8-6-02 `O '`! This property lies in Zone'X' while AIIC}tAEL L CHOATE- REGISTERED PROFESSIONAL LAND �`- Location on map determined by sae on map. 1KLT$ Aelual Geld elevation not determined. W H IT E L EY WI I SURVEY WAS PERFORMEDUENT Whiteley subscribe velure Group boa not warrant WITHOUT Bf11EffTT Of CURRENT nor subscribe to the accuracy or TIRE COMMITM 7T. 000!e of sold maps. 1 ® INFRASTRUCTURE GROUP DOUNTARW AND IUPRQ/ELENT Zone 'X' (white) ore areas determined to be Texas Engrne4rtng Elm':No.F-2633 SURVEY ONLY,EASEMENTS,IF outside 500-yeor flood plain. o Texas Surveying Flan No.10106700 ANY,NOT RESEARCHED OR Z L edelint Surveying Tam NO.VFOpo0874 SHOWN,WITH THE 0(CEPT10NN 0 rau r%tY.Y Hit,.cap Ts:d>o..-..4 as oe n°nro 655 Langhsen Road,Si 4,Beaumont,Texas 77707 OF THOSE PLATTED. d " "I 0000.'e0 r`K°`4 d T G,e.,e.f*"b"a1 LL w 409-6920421i w whBoleylnfraco- .'ml u:.� of Wan tr°°:,L o r w� u'- - .. W:\2o23\23-203\23-203.o4G\KUC ..._ -r.- EXHIBIT"A" A" P22023-82: Request for a Specific Use Permit to allow a gaming site in the GC-MD (General N Commercial— Multiple Family Dwelling) District. Applicant: Courtney R. Watson Location: 2685 S. 11th Street 0 100 200 I I I I Feet L: --, c . R ` 1 ILegen`di I . }_ - (GCMD , III _ «o GCNIp: ;��� =il , a %%L2202 8 .. it, ,1440 :z_....-,..4.-.',1 , •-.4;..', / .,-,.:::. •-• ' ROBERTS i I v� ',GC-MD,._" �,,It ,� tom,. �+ � , I' i t ctiu-'nlr. Ham' " l� r ' r '''AA A 1 i P " -° - .�rd2 'GC NIO• '�,.,. lilt`t, ill® � _ ' ,. 1) ` ' ' t i rot'" i ' s I / ,. 1 _ a , 9 0 re ri'//- f' FR .....,-. , F3' , 'i t tilikkilliba • .0 v li AI!. F ' .. 0 . I' {'' r.' f 13m-H � r, ; (t .Yi.,, GO_'MD: _ t 1 I. pQ� 1 ✓� F`II • ' 1. ,, - '. ,_. _ ,...- .+ '''. WASHING1:_ yroNj - . -.. i GC�MD !r ;� GCvMD �- ,: UGC=MDi , . r., ' `: ° i� Exhibit"B" LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the west 162' of the south 85' of Lot 6, Block 27, College Acres Extension Addition, Beaumont, Jefferson County, Texas, containing 0.27 acres,more or less. K 1.NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TIRE 2.THE WORD WHICH IS S UNDERSTOOD HI TO BE AN EXPRESSION OF ION DIONAL F.IDGME E BY THE \ •Z SURVEYOR,WHICH IS BASED ON HIS BEST KNOMFDGE. INFORMATION AND BELIEF, FORMED IN THE \\\b COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE SCALE 1'40' REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, TT CONSTITUTES 5/8 I.ROD NEITHER A GUARANTEE NOR A WARRANTY,EXPRESSED OR IMPLIED. END. . 3.ALL SET 5/8'IRON RODS SET WITH A CAP STAMPED 1MHITAEY. W/CAP STAMPED 1MW 4.•CALLS PER CF NO.2010038961 OPRJC. WHITELEY&ASSOCIATES' PROTRUSION NOTE; m CONCRETE PARKING LOT PROTRUDES FROM 0.00'TO 0.42'ONTO ADJOINERS PROPERTY. ®CONCRETE PARKING LOT PROTRUDES FROM 2.34'TO 3.33'ONTO UNIMPROVED TERRELL AVENUE RIGHT OF WAY. 'om LEGEND �� \ ppd�JDST>naC G�00.5 _- n o� 0 POWER POLE I, (1) TELEPHONE PEDESTAL r0 G• HANDICAP PARKING z. rog6 WATER VALVE El WATER METER () MANHOLE • -�-� CALLED 2.187 ACRES TOT I CURB INLET KEMP PROPERTIES,LP �' �y —o r—CHAIN LINK FENCE CF NO.2010038961 n9� OPRJC —mc—OVERHEAD ELECTRIC . 0 y-DITCH TOP I y9 — I h I CONCRETE CALCULATED CORNER END.5/8'I.ROD IP (•CA UNABLE TO FIND OR SET LL 500'03'58'E 86.00') W/YELLOW CAP 0 1.DUE TO CONCRETE FND S00°04'07"E 85.82' STAMPED'WAIBEY. FND BRASS DISK IN CONC. W.162'OF THE NOTE: BEARS N66'59'48'E 0.6Y S.85'OF LOT 6 :6 PARKING STRIPES VERY BLOCK 27 FADED AT TIME OF SURVEY. CINDERBLOCK ar—CIA—aF—C/LXSTORAGE 0 CONCRETE ON ( e9.8Y 6.11' PROPERTY UNEZ. i° 1 60.3' 3.33' 0 0 k 0 $LACK 27 p1S10N VI 4 ES E EN$lON AO c-0? 501 COLLEGE A�R L 5,pG 102 � BRICK&METAL • M U COMMERCIAL ap RJC u: I BUILDING e 0 rY'7 Y r-�, rn y E,,v I = 11J vfOi co I am. C Z CI 60.3' I W >,--c CALLED 1.166 ACRES CALLED 2.187 ACRES %Z I',,,, 0 CON. 'rl 1 633' Q o 0 DJOSEPH REAL ESTATE KEMP PROPERTIES,LP U.. ®{ T HOLDINGS,LLC CF NO.2010038961 W'� 1 gg c I -.! a CF NO.2021015944 OPRJC I� 9 I i,��., ' OPRJC i �i S.� 1 Nh re re FND 1/2'I. PIPE 0 BUSINESS . I- BEARS N74'16'23'W FND.5/8'I. O. O WALTER KYLES,JR. SIGN 54ROD W/CAP / 0 CF NO.2007004085 2.34' FND.CONC.MON. STAMPED FND.CONC. MON. OPRJC 0 FND. 1/2' FND 1/2• W/BRASS DISK �'D•4Z W/BRASS DISK "LEAP' I ROD(BENT) I.PIPE_ "ham e 1h —^r , ' ii. FND N0005'41'E 164.83' END NOO'05.40'E 133.72' / FND N00°01'00"E 86.49' END N00'26'221,1 60.18' (CALL N0005'40'E 133.72') (CALL 60.001 REFERENCE BEARING PER CF NO.2010038961 OPRJCt (�-Bs. ) W❑ ' ORIGINAL WEST LANE OF aacli 27 S.11TH STREET / (CALLED ELEVENTH Slittti PER PLAT) (104'ROW) 2865 S. 11TH STREET BEAUMONT,TEXAS 77701 TO THE OWNERS OF THE PREMISES SURVEYED The West One Hundred Sixty-two Feet of the South AS OF THE DATE OF THE SURVEY: Eghty-five Feet of Lot Six (W. 162' of the S. 85' of Lot 6), Block Twenty-seven (27), COLLEGE I,MICHAEL L CHOATE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY ACRES EXTENSION ADDITION, to the City of MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY I FaOI IT DESCRIBED Beaumont.Jefferson County,Texas,as per the mop HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE or plot of record in Volume 5, Poge 102, of the SURVEY. Map Records of Jefferson County,Texas. DATE SURVEYED. FEBRUARY 14.2023 '.SE O.F.T • Owner.Walter Kyles,Jr. �Q•,rG19TEj�; In accordance with the Flood Hazard •r?+4-� �o:w' Boundary Map,Deportment of Housing IC L L.CHOATE • and Urban Development. -��; anelCommunity 040 405457 •4 6893 Panel No.:0040 D ��,-�9gaFESS��lcOQ'I lc Date of ARM:8-6-02 Ai'••..... f MICHAEL L CHOATE- REGISTERED PROFESSIONAL LAND •:• •-.- This property lies in Zone'X'(white). Location on map determined by scale on map. WHITELEY Actualr field elevation the not ddetermined. SURVEY WAS PERFORMED Whiteley Infrastructure Group does not warrant rrr��� WITHOUT BENEFIT OF CURRENT nor subscribe to the accuracy or TITLE COMMITMENT, scale of said maps. INFRASTRUCTURE GROUP BOUNDARY AND IMPROVEMENT Zone 'X' (white) are erects determined to be Texas Engineering Finn No.F'2633 SURVEY ONLY• EASEMENTS,IF outside 500-yeor flood plain. Texas Surveying Finn No.101/16700 ANY,NOT RESEARCHED 0R z Louisiana Surveying Firm No.VF0000674 SHOWN,WITH THE EXCEPTION 0 zoat elaldy wareab cw,Grow mva clamant,us m immn.rt 656 Lang ham Rood,I I4,Beaumont,Teas 77707 OF THOSE PUTTED. .:war ra.aa.I.er propwq a eUxl Irtmruvmx.armor j wee.rasa r v.a,oa r a L.l d. IAA e 4011-1192-04211 wonr.whileleyinfracom put JMrA Ulu rtttlon o 0mPa.ir.of sMdw Hrab,ma.Dome Lu. Wi\2023\23-203\23-203.DWG\KLK fro,1\--C.L 1(0v(L)- �, U�I T � C-►�m ��� V\cch\nes Q \ v 'n FLcZR. N.Aw February 20,2023 Beaumont Planning And Planning Commission 801 Main St Beaumont,Tx 77701 To Whom It May Concern: My name is Courtney R. Watson,and. I am interested In opening a game room at the proposed location which is reflected by the site plan. Specifically,the address Is 2865 S 11th St in Beaumont, Texas 77701,and it is already zoned Commercial. However, because of the nature of the business,I am Required to apply for a specific use permit. If approved. I will take the appropriate measure to follow the City of Beaumont's guideline in managing such an operation of this classification. Moreover,my I hours of operation are as follow: Monday To Sunday 10:00 A.M. To 10:00 P.M. Also, if approved. I will staff the business with one(1)fulltime employee and one security personnel. Hopefully,my application will suffice to warrant approval. Furthermore, if you need to contact me, please do not hesitate to call me at(409)659-6033 or communicate to me by email at watsoncourtney446@gmail.com and/or 1840 Harriot St, Beaumont,Tx 77705. Thank you. Courtney R. Watson 0,06097)4/1---6j14---z 4 April 4, 2023 Consider a request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5425 College Street BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: - April 4, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5425 College Street. BACKGROUND Ranvir Sachdeva has requested a Specific Use Permit to allow a gaming facility at 5425 College Street with twenty(20)machines. The hours of operation for the business would be 10:00 a.m. to 9:00 p.m. Security will be provided by on site surveillance and a professional security guard. The submitted site plan shows twenty(20)parking spaces,however, the required off-street parking calls for a minimum of twenty-four(24)parking spaces. Gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such,proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. It should be noted that this property is not in close proximity to any parks, churches or schools. However,this is within 300' of residentially zoned property. At a Joint Public Hearing held on March 20, 2023,the Planning Commission recommended 9:0 to deny the request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial-Multiple Family Dwelling)District for property located at 5425 College Street,with the following conditions: 1. Shall be in compliance with Article 6.10 Gaming (Sections 6.10.001 —6.10.021). 2. Shall obtain approvals for all applicable permits from Building Codes. 3. Shall submit to the City a written agreement with an adjacent property owner that will allow for overflow parking. 4. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow,pre-treatment and/or FOG program. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING SITE IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5425 COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Ranvir Sachdeva, has applied for a specific use permit to allow a gaming site in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5425 College Street, being the Lots 2-3 and Tract 2, Block 6, Caldwood Acres Addition, Beaumont, Jefferson County, Texas, containing 0.282 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a gaming site in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5425 College Street, subject to the following conditions: 1. Shall be in compliance with Article 6.10 Gaming (Sections 6.10.001-6.10.021); and, 2. Shall obtain approvals for all applicable permits from Building Codes; and, 3. Shall submit to the City a written agreement with an adjacent property owner that will allow for overflow parking; and, 4. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a gaming site 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. Section 1. That a specific use permit to allow a gaming site in a GC-MD (General Commercial- Multiple Family Dwelling) District for property located at 5425 College Street, being the Lots 2-3 and Tract 2, Block 6, Caldwood Acres Addition, Beaumont, Jefferson County, Texas, containing 0.282 acres, more or less as shown on Exhibit "A," is hereby granted to Ranvir Sachdeva, their 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: 1. Shall be in compliance with Article 6.10 Gaming (Sections 6.10.001-6.10.021). 2. Shall obtain approvals for all applicable permits from Building Codes. 3. Shall submit to the City a written agreement with an adjacent property owner that will allow for overflow parking. 4. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 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 4th day of April, 2023. - Mayor Robin Mouton - SITE PLAN N 5425 College St Beaumont, TX 77707 0‘ Parcel ID: 009700-000-013900-00000 Lot area: 0.28 Acres scale z"=20' Paper Size: 11"x1711 College St Property line (---- 75' __ __ �ro ofli ne7 --� r �- wall line/No.5425 EXISTING roofline roofllne F I - k BUILDING t • a, tu wall line c..I Property line • roofline/ -o I.. .. m . -. • , `�w &t I' Property Tine - o int r • I u - on . . a . m cm ± . ,4,_.,...\, ..t . . ._ ......,P Property line •'f Created by: EXHIBIT"A" . bGET6LSITE��?,�;A,110 PZ2023-84: Request for a Specific Use Permit to allow a gaming site in the GC-MD (General N Commercial — Multiple Family Dwelling) District. Applicant: Ranvir Sachdeva Location: 5425 College Street 0 100 200 I I I I Feet i. ; � - I '4 .F L c t rrs a t g r,� b � en d , .1 ►I 'r _ I s 1..�. ' o it , ‘-':1;:::„_:!..._.-.1---it t: ;"' — PZ2023-84 ►li • '4 . #0Wir\ 1 ,) 1a s1 IQ, I• 1 (GC,�MU j' ') iGc MD �81s. _ 1 — {` Milll, .,. . 441 . 1 1 •,,,' 4 ' i u j I •N -is il , n ', Li is 1 SSC , eN • i --(14•.rn - - : iCOLLEGEr _ „y,- Yr _ - - 1 1 —A '`� I I Ir 1 m •r Fill 1' - , .. j ,,w-":'... 1,:-., • (GC MD) t 1 rS L .t•+e.•1..I._ t �!IF. - 1 il7l'.v1YrD CL �I, • ,1 a- a i� :' la. 7sq: 4 , a GMT T — --I 1 �i� 11 .2 5 .1 . .. i aa : CIi 11' ., s, ,. �, u , R-S ifi iii i, . Al <,t T _ : ^ ,y t _ __ RNf.H'' —` >>k1 'j' t' :��a 1 ,,, C" 4 •i , 1 Exhibit "B" LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the Lots 2-3 and Tract 2,Block 6, Caldwood Acres Additions,Beaumont,Jefferson County, Texas, containing 0.282 acres, more or less. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type:Specific Use Permit Tag Name:SUP for gaming site in GC-MD. Case#: PZ2023-84 Initiated On: 2/19/2023 9:50:13PM Location:5425 COLLEGE ST, BEAUMONT,77707 Individuals listed on the record: Applicant Ranvir Sachdeva Home Phone: 4811 Sheila Drive Work Phone: Baytown,TX 77521 Cell Phone: 281-515-0181 E-Mail: ron_singh08@hotmail.com Property Owner Paula Henry Home Phone: Missing Address, City, State, or Zip Code in People Work Phone: Cell Phone: E-Mail: Property Owner Paula Haney Home Phone: 412 Huntington Dr. Work Phone: Murphy,TX 75094 Cell Phone: 409-892-7245 E-Mail: Case Type:Planning and Zoning Page 1 of 2 Case#:PZ2023-84 Printed On:3/6/2023 BEAUMONT Planning & Community Development Legal Description CALDWOOD ACRES LTS 2&3 B6 TR 2 75X164 Number of Acres 0.28 Proposed Use Gaming facility That the specific use will be All the merchandise and equipment will be placed in a confined compatible with and not injurious to space inside of the building.There will be no customer activity the use and enjoyment of other outside of the building other than using the parking spots located property,nor significantly diminish or within the property zone line. impair property values within the immediate vicinity That the establishment of the specific All of our customers and visitors will use parking spots located on our use will not impede the normal and own property.Also,there will be a private security guard present orderly development and improvement during the business hours monitoring public activities in the of surrounding vacant property; transitional space on our property to ensure smooth and orderly development of surrounding vacant properties. That adequate utilities,access roads, The property is equipped with utilities such as water,electricity and drainage and other necessary necessary drainage. We will ensure and verify these utilities are all supporting facilities have been or will functional before the operation of the business.The property is also be provided equipped with ample parking space and access roads(as shown on the attached site plan with measurements). The design, location and arrangement There are 22 parking spaces provided along with 40 foot wide of all driveways and parking spaces entry/exit for the convenient movement of vehicular and pedestrian provides for the safe and convenient traffic. movement of vehicular and pedestrian traffic That adequate nuisance prevention We will not participate and/or encourage our customers to participate measures have been or will be taken in any activities that causes odor,fumes,dust, noise and vibration to prevent or control offensive odor, affecting the general public or adjacent developments. fumes,dust, noise and vibration That directional lighting will be There are adequate building lights inside and outside the building and provided so as not to disturb or are not pointing towards the neighboring properties. We will install adversely affect neighboring directional lighting wherever necessary to cover any dark spots in our properties parking lot. That there are sufficient landscaping There is no lawn area on the property which ensures the harmony and screening to insure harmony and and compatibility with adjacent property.The property line is compatibility with adjacent property protected by private fence. That the proposed use is in All the proposed use mentioned in the application, in the above accordance with the Comprehensive conditions and in all the supporting documents are in full compliance Plan and is in accordance with the comprehensive plan submitted. Notes: Case Type:Planning and Zoning Page 2 of 2 Case#:PZ2023-84 Printed On:3/6/2023 Date: 2/19/2023 To:The Office of Planning and Commission Subject: Game Room processes and activities description Potential Location: 5425 College St, Beaumont TX 77707 Our sole business operating intention will be to serve and entertain customers, and safely participate maintaining a healthy community in the City of Beaumont.The business will run from 10 AM to 9 PM on all days of the week.We will facilitate our customers with ample parking space around the building, a clean and hygiene toilet/restroom, and enough seating capacity to accommodate one customer per machine.The facility will house 20 electronic gaming machines. In order to keep the location safe,we will install enough Closed-Circuit TV Cameras to monitor and record all spaces which can potentially be accessed by our customers.We will also hire a professional security guard to safekeeping the main doorway,counter, and all transitional spaces at the business location. Should you have any further questions, please feel free to reach out to the business owner via phone: (281)515-0181 or via email: ron singh08@hotmail.com Sincerely, Ranvir Singh 5 April 4, 2023 Consider a request for a Specific Use Permit to allow a Recreational Vehicle Park in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 550 Pinchback Road BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a Recreational Vehicle Park in the GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District for property located at 550 Pinchback Road. BACKGROUND Arwah Alkahtani is requesting a Specific Use Permit to allow an RV (Recreational Vehicle)Park at 550 Pinchback Road. The development will consist of sixty-five (65)to seventy-five (75)pads with water, electricity and sewage hook-ups. Security measures will include cameras throughout the park and constant monitoring of the property. The RV Park will be open 24 hours a day all year-round. The business operating hours will be Monday through Friday, 8:00 a.m. to 5:00 p.m., and Saturday, 9:00 a.m. to 2:00 p.m., with one on-site manager. Per our City's Comprehensive Plan,the proposed development is considered to be located in a Stable Area. Such areas are built up areas characterized by good to excellent structural conditions,blight-free neighborhoods, and vacant parcels which may exist are good to excellent development sites. This proposal appears to be consistent to the Comprehensive Plan of Beaumont. At a Joint Public Hearing held on March 20, 2023, the Planning Commission recommended 7:3 to approve the request for a Specific Use Permit to allow a Recreational Vehicle Park in the GC- MD-2 (General Commercial-Multiple Family Dwelling-2)District for property located at 550 Pinchback Road,with the following conditions: 1. Shall be in compliance with Section 24.06.008 Minimum standards for type"C" recreational vehicle park. 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Shall provide directional lighting to reflect away from residential properties to the south. 4. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre- treatment and/or FOG program. 5. No permanent structure or appurtenances shall be placed within the easement property, including RV stalls. 6. Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards. 7. A net-zero increase in the runoff will be required to ensure the runoff from the proposed conditions match the existing conditions for the 100-year storm event using Atlas 14 rainfall data. The site may drain to the Amelia Cutoff ditch to the west with an approved Storm Pip Tie-In Permit,per Drainage District 6. 8. A topographic survey must be completed to show which direction the existing ditch is flowing to avoid negatively impacting the surrounding properties. No water from the developed site shall drain onto neighboring properties,per Drainage District 6. 9. Shall have full-time security on-site. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Shall be in compliance with Section 24.06.008 Minimum standards for type "C" recreational vehicle park. 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Shall provide directional lighting to reflect away from residential properties to the south. 4. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre- treatment and/or FOG program. 5. No permanent structure or appurtenances shall be placed within the easement property, including RV stalls. 6. Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards. 7. A net-zero increase in the runoff will be required to ensure the runoff from the proposed conditions match the existing conditions for the 100-year storm event using Atlas 14 rainfall data. The site may drain to the Amelia Cutoff ditch to the west with an approved Storm Pip Tie-In Permit,per Drainage District 6. 8. A topographic survey must be completed to show which direction the existing ditch is flowing to avoid negatively impacting the surrounding properties. No water from the developed site shall drain onto neighboring properties,per Drainage District 6. 9. Shall have full-time security on-site. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE PARK IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 550 PINCHBACK ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Arwah Alkahtani, has applied for a specific use permit to allow a Recreational Vehicle Park in a GC-MD-2 (General Commercial-Multiple Family Dwelling- 2) District for property located at 550 Pinchback Road, Tract 121-A, and part of Tracts 89-92, and 164, SP-6, C. Williams League Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 11.368 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 Park in a GC-MD-2 (General Commercial-Multiple Family Dwelling- 2) District for property located at 550 Pinchback Road, subject to the following conditions: 1. Shall be in compliance with Section 24.06.008 Minimum standards for type "C" recreational vehicle park; and, 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements; and, 3. Shall provide directional lighting to reflect away from residential properties to the south; and, 4. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre-treatment and/or FOG program; and, 5. No permanent structure or appurtenances shall be placed within the easement property, including RV stalls; and, 6. Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards; and, 7. A net-zero increase in the runoff will be required to ensure the runoff from all the proposed conditions match the existing conditions for the 100-year storm event using Atlas 14 rainfall data. The site may drain to the Amelia Cutoff ditch to the west with an approved Strom Pip Tie-In Permit, per Drainage District 6; and, 8. A topographic survey must be completed to show which direction the existing ditch is flowing to avoid negatively impacting the surrounding properties. No water from the developed site shall drain onto neighboring properties, per Drainage District 6; and, 9. Shall have full-time security on-site; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a Recreational Vehicle 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 Park in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 550 Pinchback Road, Tract 121-A and part of Tracts 89-92 and 164, SP-6, C. Williams League Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 11.368 acres, more or less as shown on Exhibit "A," is hereby granted to Arwah Alkahtani, their 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: 1. Shall be in compliance with Section 24.06.008 Minimum standards for type "C" recreational vehicle park. 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Shall provide directional lighting to reflect away from residential properties to the south. 4. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre-treatment and/or FOG program. 5. No permanent structure or appurtenances shall be placed within the easement property, including RV stalls. 6. Water and sewage crossing and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards. 7. A net-zero increase in the runoff will be required to ensure the runoff from all the proposed conditions match the existing conditions for the 100-year storm event using Atlas 14 rainfall data. The site may drain to the Amelia Cutoff ditch to the west with an approved Strom Pip Tie-In Permit, per Drainage District 6. 8. A topographic survey must be completed to show which direction the existing ditch is flowing to avoid negatively impacting the surrounding properties. No water from the developed site shall drain onto neighboring properties, per Drainage District 6. 9. Shall have full-time security on-site. 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 4th day of April, 2023. AA / 3`� CROss\ 6k�yc 0 x8- -tx ♦` row - .p'ti CkK,G ty , i Curve Data Table gr' : `-,,. C? ��� := Curve No. Delta Arc Length Chord Length Radius ,, Ro4 I� C1 40*08'36" 275.82' 270.21' 292.674' Q • nC2 Or 20'Or 474.85' 474.33' 2,914.79' E:i - • ,O C3 06.31'20' 331.81' 33L63' 2 914.90' - = -'•aa ' , O Line Table Data Road Table Data ��. 0 D Line No. Distance Road No. Length Width rn = •` O 0 Ll 110.09' RI 729' 15' T -n Q \ L2 299.83' R2 813' 15' - all C3 L3 62.72' R3 159' 15' N _. 0 L4 76.43' R4 229' 15' 0 = - L5 7052' RS 279' 15' -'�,� L6 303.50' R6 379' 15' 0 = �_ - _ I I CD= i# r. — L7 5202' R7 424' 15' p _ L8 40.00' R8 813' 15' 2 Z MN MII ED O i `. _ L9 3266' �r LSO 83.19' l77 , —. �, 111 - C =0 a - CJ v � , o _ _ .............. -- Park Table Data PadSiteData ---'- Line No. Distance Type Count Dimensions -.._-•••...._...... w .........--• P1 113' Pull Through 26 30'x 60' P2 160' Back-In 41 20'x 40' • �, 156' r P4 169' C.G MLTI�000 MAIRKO•TIOWW LOF•IR L8 • _ .�. mamas _ .�..� - • Z:1 lid O . se i TT �— : _ �__ —�J t Inch=t00Feet Legendd: GMT MCKIM 3 0 xcauua 'IIOPOIT„u" —••—°— wwvw roc ° RAILROAD maim= l I l l l i l l l l rya NYDRANTS Q" • r11,101 %%TEXUM SCWell UM PZ2023-85: Request for a Specific Use Permit to allow a Recreational Vehicle Park in the GC- N MD-2 (General Commercial — Multiple Family Dwelling-2) District. Applicant: Arwah Alkahtani Location: 550 Pinchback Road 0 100 200 1 I I Feet j r :, . 1' EGc tt_It./.4,.z 4 P • ' , a r ; ss, ' , f, ,% LegI' J } r R=S ,.,� .$... , , -, • 1G2, � .r� � ; i.L�1:f:1 FZ2023�85 �� r t yr z: -c " 1 , , .. r £�, �_. ? ,, • t'q J L:d i rf ' \\ 1 - , - - fr 6,4, 4 '' i '.'**. 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', . . _ :,, , . z. 11 , . t.... ... . , t t . .,_ Exhibit "B" LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 121-A and part of Tracts 89-92 and 164, SP-6, C. Williams League Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 11.368 acres,more or less. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status:REVIEW Case Sub Type:Specific Use Permit Tag Name:SUP Approval for RV Park(Twin Case#: PZ2023-85 Crossings RV&Campgrounds) Location:550 PINCHBACK RD, BEAUMONT,TX Initiated On:2/20/2023 7:52:11PM Individuals listed on the record: Applicant Arwah Alkahtani Home Phone: 7203 Mayapple Grove Ln Work Phone: 8324512746 Katy,TX 77493 Cell Phone: 9797211203 E-Mail: contact@manazilholdings.com Property Owner December Investments LLC Home Phone: 218 MANOR AVE Work Phone: ARCOLA,TX 77583 Cell Phone: 8323755089 E-Mail: lancerconsultingservices@gmail.com Case Type:Planning and Zoning Page 1 of 2 Case#:PZ2023-85 Printed On:3/8/2023 BEAUMONT Planning &Community Development Legal Description C WILLIAMS ABS 59 TR 121-A(PT TR 89 90,91,92 164)SP-6 11.368 AC Number of Acres 11.37 Proposed Use RV Park That the specific use will be The specific use of the property(RV Park)will be compatible with compatible with and not injurious to and not injurious to the use and enjoyment of other property, nor the use and enjoyment of other significantly diminish or impair property values within the immediate property, nor significantly diminish or vicinity impair property values within the immediate vicinity That the establishment of the specific The RV Park will not impede the normal and orderly development and use will not impede the normal and improvement of surrounding vacant property orderly development and improvement of surrounding vacant property; That adequate utilities,access roads, I assure you, adequate utilities, access roads, drainage and other drainage and other necessary necessary supporting facilities will be provided supporting facilities have been or will be provided The design, location and arrangement Yes,the design, location and arrangement of all driveways and of all driveways and parking spaces parking spaces provides for the safe and convenient movement of provides for the safe and convenient vehicular and pedestrian traffic without adversely affecting the general movement of vehicular and pedestrian public or adjacent developments traffic That adequate nuisance prevention Adequate nuisance prevention measures will be taken to prevent or measures have been or will be taken control offensive odor, fumes, dust, noise and vibration to prevent or control offensive odor, fumes,dust,noise and vibration That directional lighting will be I assure you, directional lighting will be provided so as not to disturb provided so as not to disturb or or adversely affect neighboring properties adversely affect neighboring properties That there are sufficient landscaping Yes,sufficient landscaping and screening to ensure harmony and and screening to insure harmony and compatibility with adjacent property compatibility with adjacent property That the proposed use is in Yes,the proposed use(RV Park)is in accordance with the accordance with the Comprehensive comprehensive plan Plan Notes: Case Type:Planning and Zoning Page 2 of 2 Case#:PZ2023-85 Printed On:3/8/2023 `� CROssf X8- 9` �Qh A' 44"auk i .11' Q,OJ We are pleased to present our specific use case request and development plans for the establishment and operation of Twin Crossings RV & Campgrounds located at 510 Pinchback Rd, Beaumont, TX 77707. Twin Crossings RV& Campgrounds will offer visitors a safe, secure, and comfortable place to park their RVs while they explore the Beaumont area. Due to our location off of highway 90, Twin Crossings RV& Campgrounds will welcome a variety of travelers and tourists into the Beaumont area. Providing alternative housing for all types of tenants from short term to long term. The park will include 65 to 75 pad-sites each with water, electricity, and sewage hook-ups. The park will also accommodate class A to fifth wheel RVers. Hours of Operation: Our RV park will be open 24/7, 365 days a year to accommodate tenants at all times. The business operating hours will be Monday through Friday (8am to 5pm), and Saturday (9am to 2pm).Additionally, we will have one on-site manager available to assist visitors and tenants during business hours. Security Measures: Security will be a top priority at Twin Crossings RV & Campgrounds. Our gated entrance will ensure that only authorized vehicles are allowed on the property after hours. With cameras situated throughout the park, we will be able to monitor activity on the property at all times to ensure the safety and security of our visitors. Amenities: We understand that tenants at our RV park will be seeking comfort and convenience during their stay. To that end, we will be offering a range of amenities, including spacious RV sites, wireless internet, clean restrooms and showers, general use space (park), visitor parking, and a laundry facility. In summary, Twin Crossings RV & Campground offers a unique opportunity to provide visitors with a safe and comfortable place to park their RVs while they explore the Beaumont area. With our focus on security, amenities, and convenience, we are confident that our park will be a success. We look forward to discussing our development plans with you further and answering any questions you may have. Sincerely, Manazil Holdings, LLC 6 April 4, 2023 Consider a request for an Amended Specific Use Permit to allow restaurants, professional offices and retail stores in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 4515 N. Major Drive BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider a request for an Amended Specific Use Permit to allow retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices on the GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District portion of the property located at 3100 N. Major Drive. BACKGROUND Zulag Properties, L.L.C. is requesting approval of an Amended Specific Use Permit to allow a retail shopping center with restaurants, clothing stores, food shops,beauty salons and professional offices at 3100 N. Major Drive. The development site affected will be the portion of the property zoned as GC-MD-2. In February of 2017, Council approved a Specific Use Permit to allow a 37,750 sq. ft. retail shopping center with 216 parking spaces. The proposed tenants included retail shopping, offices and restaurants. In February of 2023,the developer applied for a building permit. It was noticed the Specific Use Permit had expired and the site plan flipped with the road originally being located to the south of the shopping center to it now being located to the north, which placed the commercial structure closer to the residential neighborhood on Village Drive. Zulag Properties, L.L.C. requests approval of the Amended Specific Use Permit so he may move forward with his development of the Westchase Shopping Center. It should be noted,the location of driveways and sidewalks is subject to approval of TXDOT. Any substantial changes to the site plan resulting from the driveway approval may necessitate additional review of the plan via the Specific Use Permit process. At a Joint Public Hearing held on March 20, 2023,the Planning Commission recommended 9:0 to approve the request for an Amended Specific Use Permit to allow retail shopping center with restaurants, clothing stores, food shops,beauty salons and professional offices on the GC-MD-2 (General Commercial—Multiple Family Dwelling-2)District portion of the property located at 3100 N. Major Drive, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans shall comply with 28.04.006 Landscaping and screening requirements and install a 5' wide along Major Drive from property line to property line. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back-flow, pre-treatment and/or FOG program. 4. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development. 5. Utility plan shall show the location of the required fire hydrants. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance,with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans shall comply with 28.04.006 Landscaping and screening requirements and install a 5' wide along Major Drive from property line to property line. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back-flow,pre-treatment and/or FOG program. 4. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development. 5. Utility plan shall show the location of the required fire hydrants. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW RESTAURANTS, PROFESSIONAL OFFICES AND RETAIL STORES IN A GC- MD-2 (GENERAL COMMERCIAL-MULTIPLE DWELLING-2) DISTRICT AT 4515 N. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, in December of 2019, Dr. Phuc Nhat Le requested a Specific Use Permit for a retail and storage development consisting of seventeen (17) condominiums and approximately 23,080 square feet of retail space; and, WHEREAS, in April of 2021, the proposal was revised to include thirty-six (36) condominium units and approximately 10,700 square feet of retail space; and, WHEREAS, in July of 2021, the retail space was eliminated and seventy (70) condominium units were proposed; and, WHEREAS, Dr. Phuc Nhat Le would like to eliminate the residential development and move forward with a 8,675 square foot retail shopping center with restaurants, professional offices, and retail stores; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of an amended specific use permit to allow restaurants, professional offices, and retail stores in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 4515 N. Major Drive, being Abstract 20, Daniel Easley Survey, City of Beaumont, Jefferson County, Texas, containing 4.981 acres, more or less, as shown on Exhibit "A," subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements; and, 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program; and, 3. A net-zero increase in the runoff will be required to ensure the runoff from the proposed conditions match the existing conditions for the one hundred (100) year storm event using Atlas 14 rainfall data, per Drainage District 6; and, WHEREAS, Dr. Phuc Nhat Le's desire to amend the amended specific use permit to allow restaurants, professional offices, and retail stores in a GC-MD-2 (General Commercial-Multiple Dwelling-2) District located at 4515 N. Major Drive, being Abstract 20, Daniel Easley Survey, City of Beaumont, Jefferson County, Texas, containing 4.981 acres, more or less, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the amended specific use permit to restaurants, professional offices, and retail stores in a GC-MD-2 (General Commercial-Multiple Dwelling-2) District located at 4515 N. Major Drive; and, WHEREAS, the City Council is of the opinion that the amendment of such amended specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: 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 the amendment of the specific use permit be granted to Dr. Phuc Nhat Le, their legal representatives, successors, and assigns for that certain tract shown on Exhibit "A" attached hereto and made a part hereof for all purposes, to allow restaurants, professional offices, and retails stores in a GC-MD-2 (General Commercial-Multiple Dwelling-2) District located at 4515 N. Major Drive, subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 3. A net-zero increase in the runoff will be required to ensure the runoff from the proposed conditions match the existing conditions for the one hundred (100) year storm event using Atlas 14 rainfall data, per Drainage District 6. 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 4th day of April, 2023. - Mayor Robin Mouton - • @ Subject Tract LH 1 4.981 Acres I (called 5.041 ac.) 14 4 TOTAL PARKING PROVIDED 54 I TOTAL PARKING REQUIRED 25 I _� •IMAM. I • e Wems m aal.m • 0 so•x.Pr+t I -e¢xow.rwux� aeff (W� , I '_'•' ..(WINK ALONG • feertertioe N... _ _ = -1 ii L�Ga�1JUl +•�l�U i I i G) ; loi ,�4•:1':`;•'"- ., y i :ow,'� a• Y .'•` a.. a . E I Subject Site , a. R'a 'air L!Jc_ol, "ol 1, Development '.',--,:. I • • Q s :k s (G@ O jo UMW :� 1.88 Acres 11} ;.: i - (,,- L Q- 64 4.981 Acres —_� `: I ,Srt. (called5441 cc.) - _ _ .+ �\ \ - Su3J:C -145_ \� �I T - rOTALPARKINGPROVIDED 54 1 W 6114 •,''• •Pil. s \`•t•,: ....., j L?. •A TOTAL PARKING REQ{IIRED I 1 \F.' .rl ��i OR WI , . ---. 4 It.. ,: i • �1 Subject Site Jill '.•. I NON5C2mc nwrtlr..zP491; ••.w ....i...; t• L ,'•'%•. • .�...a. : i - I: Development _ .. `i�ot,,a j 'r.e'i,y .;:.'...';.,:,•a"': a +.: I Y =r .ItINI f.�'•.I = I .:1...' O U1� sa U t•'t.�s f• • ^ I - -•-• a!�• ?I __ i. :I: "��y ma � y = s c'nt-r�•c� SOP 4!? gn >r 'P*.. GO --_—..—..—.__..-- :•.e —..— ---- °imEMNIMin • -,•:.:' 'm. _ MAJOR DRIVE ?=�� ��� i:MONIMIIIIIIMI -- Rai.,{,r�;,.}-�• I 1 ,'�.NM.� PReeeQpL1 ; �,�; ••,,,: -••• i 0,1 .. Concept i .: «: i'.: ; :: g Site Plan a ..._ �...._......�... _._MAJORDRIVE ._. W...-.� ._ . ....-... ...._ _. r -. .. .�.. __.... ... ..._W .- . -._- .. ...- .- _..��.-� __ .�. ... ._.� 0 C_1 EXHIBIT"A" • ��.�-1.0Y. Boundary and Topographic Survey .. _ __'�' 0...• rn.....Yr iM.«iYw 4.n.rMr.«wn�R aor — •....' :O ,.!^' .% Y�a.«...lw.MM Y r+1 Y h.Y aw1,«M.Malan."ad N. of / .�7 «• w :•:•w ws..+rywwrM•wMr.«. 5.289 Acres ---- • - _ f� n rww..D......r.r.........r,w pee01.yr0 f�'J cars..«.r«.r r....•Y.r•......rt r Y..m �j/'' .nrfr.Y w«..........r..•w.......... i r" .�.aa•VT..«.r.....anta*r .OM*.rrl..IN. lying in the ▪=- ==. 0 ` ."'. Daniel Easely Survey, Abstract No. 20 Y[(.OUrDrr..MMrw—r..— a.Y.r OM.ter NW4......w r M..«... ..•r .... I or .rar r...ISM,«•.r..«...r sable • .7:21; ;t rwr•- 7 ., „_„ Jefferson County, Texas Prope u.r r:..i.n w. «..: Location Map D • r04far OW r G..r 7....en rr r.ololt of...�.. .r r. *a••••r.. Y W...cadµ«••.•.M LV.M...r rr�...M..r.«i•v" «`•i'orr WNW'o....rcar ,r w.T, ' "aa`:.: .:.lr.,'I r'a'ro..D,"':>:...r':t.ir. �e ,eat. Ill 110.4f WOW� f I..M.r I�[Mw or�� %%y�%/ rr.Y ^��� ..w•.....rrw:`.AY..• •of 0... .."..7'..s im r'.Y.:.r / 'I ' .— nra.r.,...xr .1 / -.=., w. .w r sY.....r r...w caw ;��4 _ frod. • i.....'.I.`.5.,.r.....«.r s..«y..Y.:..:� 7M: r / yam,s�"..,n„• +v E. I� I DOD Loa ow.pone e r.b.(.1004..o".r....M.w......r r.... '� \ 1 Qf r46M.[.U•[Om or sold.0 wow..(+.My....•••DF f.�.YrririM•..M•• Y. \ .rr .« Mr ..+�.• Oy DL.'I,.«..arUYrN,rV m..6.......Si..wC..i..+.. �• fa.r ASH 02.r.....r.r WPM'[fD.M oW dA)re a.�iOpP. / `� C hagj / 4,.MM..•[+U.4 .a. r a!rr yam .: ,,' o Subject Tract .—i •p ..i • ��j " 5.289Acrrs r" ram„''."".r.,� ,v "Syr • WI. ,oa..,. 1 Ca erw . ._{.1 a^a.M44ly `�0 .w.Id ,..r.44 rrm7 • L '• I.crawY ti \,g" Yv.aY..• YS a+►°..o�wi r'°mrr li 11a V J a,r•r.•. ,.a ' " lcar W.. 0.0 aw Fly . .e .....I... l OM.= aseemes� L Y.w.Y•>:r.rw..�r. rMY. Ar.r.W MHO. i.IsrQi,v:Y•w...r .Mr.:«.:: FOR REVIEW cceFS •• .�...._M«,4M...r..... s ; ♦A►,.... b. .r M.e r..e,.Ynes ese w 4 rY..Mr Y...D..no. Y..t...Ila s....,..*.••....OWY 1 1 Yr...1.r..I•,..r.....'...fr.....: PZ2023-89: Request for a Specific Use Permit to allow restaurants, professional offices and N retail stores in the GC-MD-2 (General Commercial— Multiple Family Dwelling-2) District. Applicant: Phuc Nhat Le Location: 4515 N. Major Drive 0 100 200 I I I I Feet •t,; yr . I . • .1 • ,, , i '.• '7, ' li'1 ` .i �` ., ` fi �4. , #;� jLegend ' ' c ` i +� 7+i1 % '),NtJ , a)). r / ` r " I - i . ��D PZ202 ;899 s l't ! ' c' '4t 3 tr, 1, szt* ' ' � . ., ..,4,,, •t.,,,, ti-)4,;',., , 1, ' v c• i-- ' • • ',- cp., • '. y 7/, is 4; P 1111 t 4 t L c !a 1 ' 4 �'� _ Cr 4 -4.. 1.y.: •'.,. 01 , / , 1 aJ. i ad '' t. ii*.k.,!)4 ; ' A '.-"- -3'1. "4 , t.1: I jt:'1'.:::::::'7147.11;ki::..; w" /pa'iii,f....1.,,,,',1--t,,,,,..git,t11.A...t t.461a.:);,. 4, •.,,t-' 4.sr,.1;////,'‘. bilr'.21YarAir' i.1 ..-, r- --: -,:.,,,,„..-00,„1:4,:14 .,,,trvit:,, to ,‘, 3,, , , , / I ic P ,r 0 __,—,—; ....i 1 0:_v...-- a �NORTHWEST r_ l f �' 1 :0 r- I r t i 1 , i '': '''',G 2'T.----; �� =-- III q. - 1 \f 7'1 ... ' i !" Vie. . .. 1-4' RS girl ' R-S I , ', l�,," RNIHe '�. Exhibit "B" LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 82-A, plat SP-1, H. Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, containing 8.66 acres,more or less. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type:Specific Use Permit Tag Name: SUP for Shopping Center in GC-MD-2. Case#: PZ2023-108 Initiated On: 3/3/2023 11:15:17AM Location:3100 N MAJOR DR, BEAUMONT,77706 Individuals listed on the record: Applicant Muhammad Kapadia Home Phone: 409 2731453 6570 College Street Work Phone: Beaumont,TX 77707 Cell Phone: 409 2845309 E-Mail: zulagproperties@gmail.com Property Owner Muhammad Kapadia Home Phone: 409 2731453 6570 College Street Work Phone: Beaumont,TX 77707 Cell Phone: 409 2845309 E-Mail: zulagproperties@gmail.com Case Type:Planning and Zoning Page 1 of 3 Case#:PZ2023-108 Printed On:3/8/2023 BEAUMONT Planning & Community Development Legal Description Tract 82A, Plat SP-1, H.Williams Survey,ABS 56 Number of Acres 8.66 Proposed Use Commercial shopping center That the specific use will be The proposed shopping center on the front of the development is compatible with and not injurious to compatible with other businesses in the area along Major Drive.The the use and enjoyment of other shopping center will be used for professional offices,food property,nor significantly diminish or establishments, nail/hair salons, clothing retail and grocery stores. impair property values within the Any other business will have to receive a separate Specific Use immediate vicinity Permit.The management team as well as the responsible party of the proposed project will be unequivocally committed to making this location another successful destination that will provide superior quality services for the area. the rear of the development will be a single family residential subdivision.The project will comply with all the building regulations and safety standards set forth by the City of Beaumont, Drainage District 6 and the Texas Department of Transportation. In addition to providing much needed services/resources and single family properties, our project will encourage future business growth at various capacities that would help in the social and economic transformation fo this area. That the establishment of the specific The objective of building a shopping center and a single family use will not impede the normal and residential neighborhood at this location is to primarily fill a void that orderly development and improvement is needed in the area and which will help existing and future of surrounding vacant property; developments.As the area continues to grow and expand,this project will attract the development of different types of other businesses. That adequate utilities,access roads, The proposed development will be designed by a licensed drainage and other necessary Professional Engineer registered in the State of Texas.The property supporting facilities have been or will located at 3100 North Major Drive has access to Drainage District 6 be provided drainage facilities. City water and wastewater services re available on North Major Drive. Privately owned utilities such as power, gas and Internet are also available in the area.When North Major Drive was designed, it was planned for business growth and development such as the one proposed by this project. The design, location and arrangement The development is proposed to be constructed on North Major Drive, of all driveways and parking spaces a highway owned and operated by the Texas Department of provides for the safe and convenient Transportation.Access to the development from North Major Drive movement of vehicular and pedestrian has been approved by the Texas Department of Transportation. traffic Access to the development from North Major Drive has been approved by the Texas Department of Transportation while access from the proposed side street on the north side of the development will have to be approved by the City of Beaumont.The site plan provides sufficient parking spaces as per the City of Beaumont parking spaces standards and specifications. Case Type:Planning and Zoning Page 2 of 3 Case#:PZ2023-108 Printed On:3/8/2023 BEAUMONT Planning & Community Development That adequate nuisance prevention The proposed shopping center on the front of the property will be measures have been or will be taken regulated by the property management team. Part of their job to prevent or control offensive odor, descriptions,will be monitoring the site for QA/QC of physical fumes,dust, noise and vibration appearance and cleanliness.The dumpster proposed will have enclosure doors and a wooden fence.There will be guidelines provided to the future tenants in their contracts aimed at ensuring a professional appearance and method of operation. Dust will not be an issue for a shopping center.The development operators will abide by the noise and vibration Ordinances set by the City of Beaumont. A shopping center with the use specified above is not generally a source of odor or noise. That directional lighting will be The lighting at the proposed development will be designed by an provided so as not to disturb or Electrical Engineer and will meet the City of Beaumont's Ordinances, adversely affect neighboring guidelines and regulations.All the lighting system at the site will be properties LED with properly designed luminous in order not to disturb or affect neighboring properties and traffic. That there are sufficient landscaping The proposed development will have the 6' landscape buffer on North and screening to insure harmony and Major Drive and 10 foot wide landscaping buffers on the south and compatibility with adjacent property east side of the property,to separate the shopping center from the existing and proposed residential neighborhoods. In addition, islands/peninsulas will be installed as required by the City of Beaumont Landscaping Ordinance. A 1"irrigation water meter with an RPZ will be used to water all the landscaping. That the proposed use is in The proposed development will be designed as per all City of accordance with the Comprehensive Beaumont Codes and Ordinances, as well as the Texas Department Plan of Transportation and Drainage District 6 requirements.The proposed shopping center will have unique architectural design which will be appealing to the customers,add value to the existing businesses, provide a need service to the area and help attract more businesses to the City. Notes: Case Type:Planning and Zoning Page 3 of 3 Case#:PZ2023-108 Printed On:3/8/2023 i s SINCLE-FAMILY.1 I I I I I I I I f I I I I I aMn i�AwLY:19 / / I 'MILT ACRE I SINGLE-FAIRLY:2 I I SINGLE-FAMILY:31 I SINGLC-FAIRLY:{I 19NOIE-FAYIR v .I I SINGLE-FAMILY:51 14NGLE-FAYIL 61'F„ II SINGLE-FAMILY:81 1 SINGLE-FAMILY:9 1 1 400 AFAFS //// I I I 1 I I 90 a I awl ECCRT 1 1 0;{AL°1'I I 0.14 ACRES I 1 41{ACRES 1 1 q.M'5 1 I 0.,]ACRES 1 1 //// I /—� 1 1 I I 1 1 I I 1 1 I I I I y� / / y V I I I I I I II I I I I I I / 15 / /I 1 I Q I I sNcu113'0 11 Rso' 2 FT + RESERVED FOR R 4=z;�E9 �1s {.GG 5.00 I 8f00 I ,.a FUTURE Raw R50' i' Sl. I DEVELOPMENT 4 i bo-- B' ........y6i--(... .... ./7/.*: I I I I I I l I I I s0.1_4 F'"0r , ,9 s I I I I I I I I 1 I 1 1 I I I L \\\ ANE-OR01 I I 5 0.- SOi20I I E4-{ 0T: I9 E3AuQ19I IN0.EYLR5 YI IINGE41-AGLL1Y6118I ISN0.-{FALLTS 5I I 9N0.i-Q1RYT { \ \ \ 0 ,50 0 9 I I I I I I I I I I I I I I I ISN0.E-3MY,',Q•, \ \ \ \ I I I I I I _1_,_�: 1 1 I l—so' I I I I I G.93 ACRES L— _JL JL — J L JL JL— J L JL — JL '.1I1II EDGE OF THE 15 CONCRETE PAVEMENT : ,2.474Rca�s eW creatigiWi • Z�,..f' t W4a.ay4.4.V.44 s4u�. _2r L tNtt ,1a, ,V t }�•. .-T t: fi, .mat ."E.�:.N- -s •A •• 5 k' �' 4?`.35 5 •f. 4 ,c.'S:.v•i-r t�r a." -W.-,"L L l... -. ' .�. �R..n. 'FS , .. 35y`.5 5 5 .. 10J 1 Y C R .k• •.:.K.'•'•:n.'• ••'p' �3-.:. E• ''tn.' 9 ."� EDGE OF THE CONCRETE PAVEMENT t,t H :••:.�• y�S NE-WAY TRUCK DELIVERY •tar '=�'s'i. -a.^•. 9aa 1r ej.• rve bL J3• �• %: ! . b T• E1.1?A .s- . ': 6,16 ib' ' . A• 'T T :f,- :� •�� EDGE OFTHE CONCRETE PAVEMENT 8_ A :� .�.�A• •� � Ir 1 }I: {1 I} I{ 'II .I yI t/ .% ; 'p.'4 /. L „' .1':i/• '/:1.Y :L'L•0:�•�lj.1-1'.%• ` •I l••I..•'f•:l.1 1: • '• 1 11• ••t " I h EDGE OF THE CONCRETE PAVEMENT 11 'i' •• • • • • • • 'ti" • • .,A 1_ . R. /. - L.. cam" •.� I • � �•:.•• �,`"�'•.,�-'_,tom •�, ... _ nrwoelAloscvNG :c,yp Y 27'4' N•15A1121 We =�,42'��:62 Zp'UiIyTY EASEMENT Ptt OF REAVMOfJT '_ 350' 77... R2s' yy r v •4.".+F, „`, DGE OF THE CONCRETE PAVEMENT 4;44:`,+ • Z GTC -_ ....,.m. A. Date:03/03/2023 WEST CHASE SHOPPING CENTER Q 19 Y. 4''�'/1 PROPOSED SITE PLAN SHEET 3100 N. Major Dr. Beaumont, TX 77713 �� ' �.i ^�� O SCALE AS SHOWN i4 1 .2 15'''',4 0 Ht1124,aI•s °� � 03/2023 IOAHYNGYAIIOx Property Owner Zulag Properties,LLC Developer/Business Owner Muhammad kapadid Proposed Project: Shopping Center and Single Family Residential Subdivision Proposed Project Location: 3100 North Major Drive,Beaumont,Texas 77713 March 2,2023 We are requesting a Specific Use Permit for a shopping center and single family residential subdivision located at 3100 North Major Drive,Beaumont,Texas 77713. On February 28, 2017, the City Council approved a specific Use Permit for this project. Unfortunately, the project was delayed making that Specific Use Permit void. The request for a new Specific Use Permit . includes only one change to the original site plan. The change relocated the proposed street for the subdivision from the south side of the property to the north side of the property. The change was requested by the Texas Department of Transportation in order for the road to be used by the property on the north side of the development. The relocation of the road will benefit the residential neighborhood on the south side of the property by deleting a road on the other side of their back yards. The shopping center project will consist of constructing three structural steel buildings on a reinforced concrete foundation. The buildings will be architecturally attractive with projections and varying elevations, and a mixture of stucco and stone for the exterior wall cladding. The shopping center will be used for professional offices, food establishments, nail/hair salons, clothing retail stores and grocery stores. The Owner will manage and operate the shopping center. The shopping center will operate between the hours of 5 AM and 11 PM. The single family home residential subdivision will provide approximately 21 lots that the owner intends to use to build and sell single family homes. The entire shopping center site and subdivision will follow the City of Beaumont Ordinances and regulations such as landscaping, exterior lighting, street lighting, subdivision regulations, etc. A pre- development meeting with the City staff was held to discuss all requirements and compliance with Building Codes, Fire Department, Public Works Depacinntent, DD6, Water Utilities, etc. All their comments will be implemented into our design in order to acquire construction permits. We would like to start the construction of the project in April 2023. This project will contribute to the growth on North Major Drive and will attract more businesses to the area. The shopping center will provide much needed services to the area residents. Property Owner Zulag Properties,LLC Developer/Business Owner Muhammad kapadid Proposed Project: Shopping Center and Single Family Residential Subdivision Proposed Project Location: 3100 North Major Drive,Beaumont,Texas 77713 March 2,2023 We are requesting a Specific Use Permit for a shopping center and single family residential subdivision located at 3100 North Major Drive,Beaumont,Texas 77713. On February 28, 2017, the City Council approved a specific Use Permit for this project. Unfortunately, the project was delayed making that Specific Use Permit void. The request for a new Specific Use Permit includes only one change to the original site plan. The change relocated the proposed street for the subdivision from the south side of the property to the north side of the property. The change was requested by the Texas Department of Transportation in order for the road to be used by the property on the north side of the development. The relocation of the road will benefit the residential neighborhood on the south side of the property by deleting a road on the other side of their back yards. The shopping center project will consist of constructing three structural steel buildings on a reinforced concrete foundation. The buildings will be architecturally attractive with projections and varying elevations,and a mixture of stucco and stone for the exterior wall cladding. The shopping center will be used for professional offices, food establishments, nail/hair salons, clothing retail stores and grocery stores. The Owner will manage and operate the shopping center. The shopping center will operate between the hours of 5 AM and II PM. The single family home residential subdivision will provide approximately 21 lots that the owner intends to use to build and sell single family homes. The entire shopping center site and subdivision will follow the City of Beaumont Ordinances and regulations such as landscaping, exterior lighting, street lighting, subdivision regulations, etc. A pre- development meeting with the City staff was held to discuss all requirements and compliance with Building Codes, Fire Department, Public Works Department, DD6, Water Utilities, etc. All their comments will be implemented into our design in order to acquire construction permits. We would like to start the construction of the project in April 2023. This project will contribute to the growth on North Major Drive and will attract more businesses to the area. The shopping center will provide much needed services to the area residents. ' Thank you so much for this wonderful opportunity. As the owners of Zulag Properties, LLC it is our desire to continue developing in the City of Beaumont and be a part of this great community. Looking forward to hearing a positive approval on this proposed development.abk '�- • :vel. r 7 April 4, 2023 Consider a request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Density) District for property located at 1094-1098 Cottonwood Street BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider a request for an Amended Specific Use Permit to allow a residential care facility in the RM-H(Residential Multiple Family-Highest Density) District for property located at 1094- 1098 Cottonwood Street. BACKGROUND Faust Engineering and Surveying, Inc. is requesting approval of an Amended Specific Use Permit to allow a residential care facility located at 1094-1098 Cottonwood Street. The site will be used for a dormitory, office space and parking lot for the H.O.W. Center. The H.O.W. Center is a facility offering room and board for men with substance abuse problems. The H.O.W. Center is a 501(c)(3)and is governed by a Board of Directors. Section 28.04.006 of the City's landscaping ordinances states, "an increase in the size of an existing parking lot by twenty-five (25)percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five (25)percent expansion, to be brought into compliance with this section."The submitted site plan appears to comply with this regulation. At a Joint Public Hearing held on March 20, 2023,the Planning Commission recommended 8:0 (Commissioner Jabbar stepped out)to approve the request for an Amended Specific Use Permit to allow a residential care facility in the RM-H(Residential Multiple Family-Highest Density) District for property located at 1094-1098 Cottonwood Street, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back-flow,pre-treatment and/or FOG program. 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back-flow,pre-treatment and/or FOG program. 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY IN THE RM-H (RESIDENTIAL MULTIPLE FAMILY- HIGHEST DENSITY) DISTRICT AT 1094-1098 COTTONWOOD STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Faust Engineering and Surveying, Inc., is requesting approval of an Amended Specific Use Permit to allow dormitory, office space, and the expansion of a parking lot located at 1094-1098 Cottonwood Street; and, WHEREAS, Section 28.04.006 of the City's landscaping ordinances states, "an increase in the size of an existing parking lot by twenty-five (25) percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five (25) percent expansion, to be brought into compliance with this section;" and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of an amended specific use permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Density) District for property 1094-1098 Cottonwood Street, being Lots 1-3, Block 40, North Addition, City of Beaumont, Jefferson County, Texas, containing 0.483 acres, more or less, as shown on Exhibit "A," subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements; and, 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program; and, 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street; and, WHEREAS, Faust Engineering and Surveying, Inc., is requesting approval of an Amended Specific Use Permit to allow a residential care facility located at 1094-1098 Cottonwood Street in RM-H (Residential Multiple Family-Highest Density) District for property 1094-1098 Cottonwood Street, being Lots 1-3, Block 40, North Addition, City of Beaumont, Jefferson County, Texas, containing 0.483 acres, more or less, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: 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 the amendment of the specific use permit be granted to Faust Engineering and Surveying, Inc., their legal representatives, successors, and assigns for that certain tract shown on Exhibit "A," attached hereto and made a part hereof for all purposes to allow a residential care facility in a RM-H (Residential Multiple Family-Highest Density) District for property 1094-1098 Cottonwood Street, subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 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 4th day of April, 2023. - Mayor Robin Mouton - )c.„.........„......- (.. toe o , ,4 v b a fi_-- i `L• 6 A TEN-FOOT WIDE LANDSCAPING OPEN SPACE ® 95 �•:, BUFFER STRB•SHALL BEOIN INSTALLEDAND +a �� °e� .sO6Z• 6� :�� MAINTAINED BY THE OWNER DEVELOPER OR ZONING RM-H OPERATOR OF THE COMMERCIAL OR �' 9,A, <. ry' R•1; •.• t6i.... 74. INDUSTRIAL PROPERTY BETWEEN IT AND THE M566 6 °" • °� • G$' • ADJACENT RESIDENTIALLY ZONED PROPERTY. *� .''p� Om�� '•6 q8 �'g8';�, 1 LI.O.00 AMINIMUM OF ONE(1)CLASS ATREE DR TWO(� r i3. 6$3 • • CLASS B TREES SHALL BE PLANTED AND A4° ,6a '•°� e, IA 61° 6 N 6 6'16 34' E f MAINTAINED FOR EACH TWENTY-FIVE(25)LINEAL FEET 6 Z . *NR 6.6,-or' �® E .�R��� AN EIGHT-FOOT HIGH OPAQUE FENCE OR WALL I, V 6 1 M �• S` �NE SHALL BE ERECTED AND MAINTAINED ALONG at% � .:/•.',/ g8. ::C+�:t'••N SCREENING EMENT THE PROPERTY LINE TO PROVIDE VISUAL /�;. ;y L,,:..:••••p •.•? 1, SCREENING. lit ��, Gain •• a • ii i•+�•.rtiti •t .•?,``•4;,•`•� _ W " • OS 6 �. • Gyp ••,:••• 4 • •O:.:.- ...��.• • j Z ��� • 6 yg6p6 68 A p1 Z IP.'`. �... ..1.,:.r::4".:•::• % n U �i,f s.92 c5'� 6D':. �� t` 6�' `'� e• .Yr•":' PROPOSED PLAN NOF171..1� N � ':••••.: :h:At�a t. ;s • 2 STORY 9 N S� GALE 1 -40' • sik .,� - ^.h^.....sr. " DORMITORY VICINTY MAP o cn e°,.11 ,r;z% /%' AND ' m q, cn J - NTS O� 0a';•' ;. ....2....:.,..::‘..:.•�77'••.' '• OFFICE o Q ZONING GC MD p`O •' '`.•..: r: so. HT. SB FT \/ O O Q SCI GROUP 8361 HALFWAY HOUSE Z (�H.," iti.. Y '.. -.- la t11,.: t•'T•pit..;_`(:•.. •• / rrl PARKING GROUP 41 Q ''- •` •*•*70: • . `.. y y fr ` BUILDING SPACE 5,148 SOFT �A.I • •••.• •••••`yam '.i:' ENCLOSED PARKING REQUIREMENTS TO BE DETERMINED f.. :•1.�v=.`s.:.•. -•••••% �...'•ti;i ••••. TRASH BY DIRECTOR OF 7RANSPORTA71ON J 0 ` .s.•., _•.-T':.. ` ; i�.• •. - . RM-H t. ` :�? < CONTAINER ZONING FULL SIZE SPACES 21 SPACES CO sr.2• -K":"••ti `'!-•' -•'a•'•?:•" .�` '•• FRONT BUILDING SETBACK 25 FEET COMPACT SPACES 4 SPACES Q r•.. " .▪ '4••- w • :;• • • TOTAL SPACES 25 SPACES (� y" ,:• r' s� e•lf• .pmi : , SIDE SETBACK LINE 5 F EI •• .. •y i., . •....,:. :• :. " �::„.. Q : REAR SETBACK UNE 25 FEET LANDSCAPING REQ. 1 ISLAND REQ e • t t •.•'' .. • . ▪:d• •tSL;9•-•,..k�SET u'•:•tJN• , �1 SPECIFIC USE PERMIT REQUIRED IRRIGATION SYSTEM REQUIRED �► ?e SGEzsNlkc FaSFMFNT •a-►;:S-r. C3 © tom - C� C Q Cam':.:�...:.:.:'. .J II J IF OVERHEAD LINES ARE PRESENT ALONG THE A LANDSCAPING EDGE OR BUFFER SHALL BE REQUIRED , PERIMETER LANDSCAPE EDGE.NO TREES WILL ALONG EACH SIDE OFA PARKING LOT THAT FACES 140.00 BE PERMITTED IN THAT PERIMETER LANDSCAPE TOWARDSA PUBLIC RIGHT-OF-WAY. ' , EDGE.IN ADDMON.NO TREES SHALL BE S 66'16 34' W PERMITTED WITHIN A THIRTY-FOOT DISTANCE THE LANDSCAPING EDGE SHALL BE NO LESS THAN SIX FROM THE OUTERMOST POWER LINE (B)FEET WIDE AND MAY USE UP TO THREE(3)FEET OF 1098 COTTONWOOD STREET A SCREEN NO LESS THAN THREE(3)FEET THE PUBUC RIGHT-OF-WAY,IF UNUSED AND AVAILABLE HEIGHT COMPRISED OFA WALL,SOLID FENCE. AT THE TIME OF PERMITTING. BERM.OR PLANT MATERIAL OR COMBINATION OF SHALL BE PROVIDED ALONG THE ENTIRE THE LANDSCAPING EDGE SHALL BE FOR THE PARKING LENGTH OF THE LANDSCAPING EDGE OR ENT IRE ENTE LENGTH. LOTS 1 , 2, AND 3 BUFFER.IF ANY PART OF THE LANDSCAPING BLOCK 40 EDGE ISWI•THIN TEN(10)FEET OF THE THE LANDSCAPING EDGE SHALL CONTAIN NO LESS RIGHT-OF-WAY.THE SCREEN DOES NOT HAVE THAN ONE(1)CLASS A TREE OR TWO(2)CLASS B NORTH ADDITION TO BE STRAIGHT WITH THE STREET OR PARKING TREES FOR EACH TWENTY-FIVE(25)LINEAL FEET OR EDGE. FRACTION THEREOF OF THE EDGE. A SCREEN NO LESS THAN THREE(3)FEET HEIGHT PRELIMINARY SITE PLAN , •••• COMPRISED OF A WALL.SOLID FENCE,BERM,OR PLANT tr MATERIAL OR COMBINATION OF SHALL BE PROVIDED t ALONG THE ENTIRE LENGTH OF THE LANDSCAPING ir!'!'•f,TRUfT.: EDGE OR BUFFER,IF ANY PART OF THE LANDSCAPING netea EDGE IS WITHIN TEN(10)FEET OF THE RIGHT-OF-WAY. ��•�, THE SCREEN DOES NOT HAVE TO BE STRAIGHT WITH ...4/ � THE STREET OR PARKING EDGE M p..A,.p1��01 M BOUNDARY INFORMATION WAS ENGINEERING AND SURVEYING,INC. 00O'm• � BASED ON A SURVEY PREPARED BY UVCY1N30 CALTEX MND.1Y.SURLG • Bu M•RX.MIS /� a� (NC7 0133,1E• FAX(MJ,)11JJIG •INTDp/AU:7LNG.C. /)_/��� ^URVCYWG FIRM ND.tOEE:`00•LNGESLRdO MIA NO.LEE] �.i ji�(�.+/)(�'.•r�Q�{��� WHITELEY OLIVER DATED NOV. 16, 2022 PROECT NO. HOW. PRELA/INARY LAYOUT 7.27.23 EXHIBIT"A" PZ2023-90: Request for an Amended Specific Use Permit to allow a residential care facility in N the RM-H (Residential Multiple Family—Highest Density) District. Applicant: Faust Engineering for H.O.W. Center Location: 1094-1098 Cottonwood Street 0 100 200 I 1 I I Feet ' -/ \ t \ \ ), ,GC MD) .l ,; ,-- A. ,. ,, ,, 1.,, ;,,Legend „ ... IGCL___ \ 1 \•- 'A,, 4 5'`; PZ2023:90 ,ter \. \k' ' !-- r \ %2f•R: __I 414.' . , \\ \\ . RMH t '- 7, <0,si'a• < .. Asti. `\ C ‘ \ "... ,.` , ,,2.'' , __ \ , \ \ , , '.°,2:1M,Ei) '-' l';'*\\''17'''''\ ... ' 4,.^..,.,-,.. • •,,, ;...,... ,., ,, ., ' \ ‘ti, t;',„;,' • RM-H 1 ,\ j .. S. .' : ",' \', .14'/// % if,,K,''''''' ' : '.\‘",i /01 "09#1\ \ ..; . ' ,, , , ' ,(0/ • ,, , , ,,,,,,', • , N, \ ,..,:,,,----‘, ''\ 1„, t \ :k s (G 7D \ )ff` ,F+•, \\ tip' � Riff s % , R/Vl-H , ' ,t �f � ' .' %'k e . ' •t RMaHIy ' y , i•os RNI-H ON \ i GC=MU • x Exhibit "B" LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1-3, Block 40,North Addition, Beaumont, Jefferson County, Texas, containing 0.483 acres,more or less. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status:REVIEW Case Sub Type:Specific Use Permit Tag Name:Amended SUP to allow a residential care Case#: PZ2023-90 facility in RM-H Location: 1098 COTTONWOOD ST, BEAUMONT, 77703 Initiated On: 2/22/2023 9:12:49AM Individuals listed on the record: Applicant Aaron Ward Home Phone: 409-813-3410 5550 Eastex Freeway, Suite 0 Work Phone: Beaumont,TX 77708 Cell Phone: 409-813-3410 E-Mail: aaron@fausteng.com Property Owner HOW Center(Daniel Jeans) Home Phone: 4097283474 2509 Cable Avenue Work Phone: Beaumont,TX 77703 Cell Phone: 4097283474 E-Mail: howcenterbeaumont@gmail.com Agent Aaron Ward Home Phone: 409-813-3410 5550 Eastex Freeway, Suite 0 Work Phone: Beaumont,TX 77708 Cell Phone: 409-813-3410 E-Mail: aaron@fausteng.com Case Type:Planning and Zoning Page 1 of 3 Case#:PZ2023-90 Printed On:3/8/2023 BEAUMONT Planning & Community Development Legal Description Being Lots 1-3, Block 40, North Addition, Beaumont,Jefferson County,Texas. Number of Acres 0.48 Proposed Use Housing/Dorm for Recovering Individuals That the specific use will be The granting of this request will not be injurious to the use and compatible with and not injurious to enjoyment of other the use and enjoyment of other properties in the area.The H.O.W.Center has several properties property,nor significantly diminish or within this area and the impair property values within the construction of this building will allow the removal of older buildings immediate vicinity and an upgrade in H.O.W. Center services to the community.The approval of this application will enhance the neighborhood. That the establishment of the specific The granting of this permit will not impede the normal development of use will not impede the normal and the surrounding orderly development and improvement area.The neighborhood is an older area and the addition of this of surrounding vacant property; facility will provide new, modern structure for the area. That adequate utilities,access roads, The granting of this permit will not require additional supporting drainage and other necessary facilities. Utilities are supporting facilities have been or will available along Cottonwood Street and Cable Street. Drainage will be be provided provided by the City of Beaumont facilities. The design, location and arrangement The proposed building will include a paved parking area and of all driveways and parking spaces driveways will provide for provides for the safe and convenient the safe and convenient movement of traffic within the area and will movement of vehicular and pedestrian not adversely affect traffic vehicular or pedestrian traffic. That adequate nuisance prevention The granting of this permit will not create offensive odors, fumes, measures have been or will be taken dust, noise, or vibration. to prevent or control offensive odor, fumes,dust,noise and vibration That directional lighting will be Directional lighting will be provided so as not to disturb or adversely provided so as not to disturb or affect neighboring adversely affect neighboring properties. properties That there are sufficient landscaping The landscaping and screening meets the City of Beaumont Zoning and screening to insure harmony and Ordinance compatibility with adjacent property requirements and will provide sufficient screening to insure harmony and compatibility with the adjacent properties. That the proposed use is in The granting of this permit will be in accordance with the accordance with the Comprehensive Comprehensive Plan. Plan Case Type:Planning and Zoning Page 2 of 3 Case#:PZ2023-90 Printed On:3/8/2023 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone(409)813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax(409)813-3484 5550 Eastex Freeway,Suite 0 Beaumont,Texas 77708 Surveying Firm No.10002400 Engineering Firm No.F-4800 February 8, 2023 City of Beaumont Planning and Zoning Commission 801 Main Street Beaumont,Texas 77701 To Whom It May Concern: Re: Specific Use Permit Application—1098 Cottonwood Street, Beaumont,Texas Faust Engineering and Surveying, Inc., is presenting a Specific Use Permit Application for the property at 1098 Cottonwood Street, Beaumont,Texas. The site will be used for a dormitory and office space for the H.O.W.Center. The H.O.W.Center provides a safe place for a man recovering from alcohol or drug abuse. Following successful completion of a treatment program or life changing crisis, some recovering men have no supportive place in which to live during the transition from a hopeless existence to a normal, productive life. H.O.W. Center offers them a low-cost,drug-free,supportive environment during this crucial time in their lives. In granting the permit, please note the following: • The granting of this request will not be injurious to the use and enjoyment of other properties in the area. The H.O.W.Center has several properties within this area and the construction of this building will allow the removal of older buildings and an upgrade in H.O.W. Center services to the community. The approval of this application will enhance the neighborhood. • The granting of this permit will not impede the normal development of the surrounding area.The neighborhood is an older area and the addition of this facility will provide new, modern structure for the area. • The granting of this permit will not require additional supporting facilities. Utilities are available along Cottonwood Street and Cable Street. Drainage will be provided by the City of Beaumont facilities. • The proposed building will include a paved parking area and driveways will provide for the safe and convenient movement of traffic within the area and will not adversely affect vehicular or pedestrian traffic. how specific use permit 2.8.23 Specific Use Permit Application 1098 Cottonwood Street February 8,2023 • The granting of this permit will not create offensive odors,fumes,dust,noise,or vibration. • Directional lighting will be provided so as not to disturb or adversely affect neighboring properties. • The landscaping and screening meets the City of Beaumont Zoning Ordinance requirements and will provide sufficient screening to insure harmony and compatibility with the adjacent properties • The granting of this permit will be in accordance with the Comprehensive Plan. If you have any questions, I may be reached by telephone at 409-813-3410. For The Firm, ptes_CC31 Maticit_ "FIL1� ,t s� Richard F. Faust, P.E. RICHARD F. FAUST Faust Engineering and Surveying, Inc. = �58t69 r .cEN 441 W age 8 April 4, 2023 Consider a request to Rezone a portion of property from GC-MD (General Commercial-Multiple Family Dwelling) District to RM-H (Residential Multiple Family-Highest Density) District for property located east of 3920 W. Cardinal Drive BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider a request to Rezone a portion of property from GC- MD (General Commercial-Multiple Family Dwelling) District to RM-H (Residential Multiple Family-Highest Density)District for property located east of 3920 W. Cardinal Drive. BACKGROUND Zach Rowe, on behalf of Dr. John Adolph with Missionary Baptist Church, is requesting a zone change to an 8.26 acre portion of property located east of 3920 W. Cardinal Drive. They would like to rezone the property from GC-MD (General Commercial—Multiple Family Dwelling)to RM-H(Residential Multiple Family—Highest Density). If granted,the property owner will use the portion of land to develop a new subdivision to accommodate thirty(30) new residential lots, tennis court, basketball court and playground. According to our City's Comprehensive Plan the property is located within the"Conservation and Revitalization," area. Such areas are"built up areas where a significant portion of the area is experiencing influences such as incompatible land uses, dilapidated infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions. " This request appears to align with our City's Comprehensive Plan of Beaumont and a viable development plan to aid neighborhood growth to this area. At a Joint Public Hearing held on March 20, 2023, the Planning Commission recommended 7:0:2 (Commissioner Jabbar and Commissioner Javed abstained)to approve the request to Rezone a portion of property from GC-MD (General Commercial-Multiple Family Dwelling) District to RM-H (Residential Multiple Family-Highest Density) District for property located east of 3920 W. Cardinal Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 8.2614 acre tract or parcel of land situated in the J. W. Bullock League, Abstract No. 7, Jefferson County, Texas and being out of and part of Blocks 14 and 20 of the M. C. Cartwright Subdivision,a subdivision of the City of Beaumont,Jefferson County,Texas,according to the plat thereof recorded in Volume 4, Page 194, Map Records, Jefferson County, Texas and also being out of and part of Tract No. 2B of the Partition Map No. 1 of the McFaddin Trust according to the plat thereof recorded in Volume 7, Page 132, Map Records, Jefferson County, Texas and being out and part of that certain called 19.725 acre tract of land as described in a "Special Warranty Deed" from Bar C Ranch to Antioch Missionary Baptist Church as recorded in Clerk's File No. 2000027592, Official Public Records of Real Property, Jefferson County, Texas, said 8.2614 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the most Easterly line of the tract herein described as SOUTH 00°02'16"EAST as recorded in the above referenced Clerk's File No. 2000027592, Official Public Records of Real Property, Jefferson County, Texas. All set 5/8"iron rods set with caps stamped "WHITELEY". BEGINNING at a 1/2" iron rod found for the most Northeast corner of the tract herein described, said corner also being the most Northeast corner of the said 19.725 acre Antioch Missionary Baptist Church tract and said corner being in the South line of that certain called 5.000 acre tract of land, identified as Tract No. 2, as described in a"Partition Deed" from the City of Beaumont to the County of Jefferson, Texas as recorded in Volume 1662, Page 148, Deed Records, Jefferson County, Texas and said corner being in the North line of the said Block 20 of the M.C. Cartwright Subdivision and the South line of Block 19 of the said M.C. Cartwright Subdivision and being in the West right-of-way line of Warren Street (based on a width of 60 feet) and from said corner a found 1 1/8" iron pipe bears SOUTH 76°49'09" EAST a distance of 0.10 feet; THENCE SOUTH 00°02'16" EAST, along and with the West right-of-way line of Warren Street, for a distance of 196.25 feet to a 1/2" iron rod found for corner, said corner being in the North line of that certain called one(1)acre tract of land as described in a"Warranty Deed" from M.L. Lefler, Jr. and Frank Dover to The Brother's Club of Beaumont, Texas, Inc. as recorded in Volume 2045, Page 4, Deed Records, Jefferson County, Texas; THENCE NORTH 89°35'53" WEST, along and with the boundary between the tract herein described and the North line of the said one (1) acre The Brother's Club of Beaumont, Texas, Inc. tract, for a distance of 195.22 feet to a 3/4" iron pipe found for corner, said corner being the Northwest corner of the said one (1) acre The Brother's Club of Beaumont, Texas, Inc. tract; THENCE SOUTH 00°23'13" WEST, along and with the boundary between the tract herein described and the West line of the said one (1) acre The Brother's Club of Beaumont, Texas, Inc. tract, for a distance of 210.65 feet to a 1/2" iron rod found for corner, said corner being the Southwest corner of the said one (1) acre The Brother's Club of Beaumont, Texas, Inc. tract and being in the North line of the remainder of that certain tract of land as described in a "Warranty Deed" from Eddie Senigaur to Lionel J. Arsement as recorded in Clerk's File No. 2007002454, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 89°43'26" WEST, along and with the boundary between the tract herein described and the North line of the remainder of the said Arsement tract and the North line of that certain called 1.410 acre tract of land as described in a"Warranty Deed" from Lionel J. Arsement, Jr. a/k/a Lionel J. Arsement, to Group Real Estate, LLC as recorded in Clerk's File No. 2010046774, Official Public Records of Real Property, Jefferson County, Texas, for a distance of 416.54 feet to a 1/2" iron rod found for corner, said corner being the Northwest corner of the said 1.410 acre Group Real Estate, LLC tract; THENCE SOUTH 00°11'26" EAST, along and with the boundary between the tract herein described and the West line of the said 1.410 acre Group Real Estate, LLC tract, for a distance of 205.32 feet to a 1/2" iron rod found for corner, said corner being the Southwest corner of the said 1.410 acre Group Real Estate,LLC tract and being in the North line of that certain called 0.78 acre tract of land as described in a"Warranty Deed" from Lionel J. Arsement and Carolyn Arsement to Javed Group Real Estate,LLC as recorded in Clerk's File No.2003051940,Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 89°56'37" WEST, along and with the boundary between the tract herein described and the North line of the said 0.78 acre Javed Group Real Estate,LLC tract,for a distance of 84.82 feet to a 1/2" iron rod found for corner, said corner being the Northwest corner of the said 0.78 acre Javed Group Real Estate, LLC tract and being an interior ell corner of the said 19.725 acre Antioch Missionary Baptist Church tract; THENCE NORTH 68°05'06" WEST, over and across the said 19.725 acre Antioch Missionary Baptist Church tract, for a distance of 40.07 feet to a 5/8" iron rod set for corner; THENCE NORTH 31°41'15" WEST, continuing over and across the said 19.725 acre Antioch Missionary Baptist Church tract, for a distance of 342.78 feet to a 5/8" iron rod set for corner; THENCE NORTH 57°39'44" EAST, continuing over and across the said 19.725 acre Antioch Missionary Baptist Church tract, for a distance of 12.26 feet to a 5/8" iron rod set for corner; THENCE NORTH 00°00'08" WEST, continuing over and across the said 19.725 acre Antioch Missionary Baptist Church tract,for a distance of 298.88 feet to a 5/8" iron rod set for corner, said corner being in the South line of Jehovah Jireh Village, Phase One, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Clerk's File No. 2009015520, Official Public Records, Jefferson County, Texas and being in the North line of the said 19.725 acre Antioch Missionary Baptist Church tract and also being in the North line of the said Block 14 of the M.C. Cartwright Subdivision and the South line of Block 13 of the said M.C. Cartwright Subdivision and said corner bears NORTH 89°59'52" EAST a distance of 520.69 feet from a 1/2" iron rod found for the Northwest corner of the said 19.725 acre Antioch Missionary Baptist Church tract and the Southwest corner of Jehovah Jireh Village,Phase Two, a subdivision of the City of Beaumont,Jefferson County,Texas,according to the plat thereof recorded in Clerk's File No. 2010013195, Official Public Records, Jefferson County, Texas; THENCE NORTH 89°59'52" EAST, along and with the boundary between the tract herein described and the South line of the said Jehovah Jireh Village, Phase One, the same being the North line of the said 19.725 acre Antioch Missionary Baptist Church tract and the common line between the said Blocks 13 and 14 of the M.C. Cartwright Subdivision, for a distance of 206.85 feet to a point for corner (unable to find or set corner due to storm sewer), said corner being the Southeast corner of the said Jehovah Jireh Village, Phase One and the Southwest corner of the above referenced 5.000 acre County of Jefferson, Texas tract and being the common corner of the said Blocks 13, 14, 19 and 20 of the M.C. Cartwright Subdivision and from said corner a found 1" iron pipe bears SOUTH 05°29'22" WEST as distance 1.47 feet; THENCE NORTH 89°55'44" EAST, along and with the boundary between the tract herein described and the South line of the said 5.000 acre County of Jefferson,Texas tract,the same being the North line of the said 19.725 acre Antioch Missionary Baptist Church tract and the common line between the said Blocks 19 and 20 of the M.C. Cartwright Subdivision, for a distance of 697.21 feet to the POINT OF BEGINNING and containing 8.2614 Acres,more or less. 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 GC-MD (GENERAL COMMERICAL-MULTIPLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3920 W. CARDINAL 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 GC-MD (General Commercial-Multiple Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 3920 W. Cardinal Drive, being Blocks 14 and 20, Abstract no. 7, M.C. Cartwright Subdivision, Beaumont, Jefferson County, Texas, containing 8.2614 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 4th day of April, 2023. - Mayor Robin Mouton - ' • L. �. -t,,'tl x , r.,1t 6 � * r • sa.,.-_ 1 .1 sty► � L1 11 ,S 1 �. :ia .T, �°i" ,„ ,.. . II'. !1 i. 1.: .:..zi 'fit. ; iil Y t tt �Ql tt x i.ti t�Pl� r.�` 4 P tiejkii, ' •r • ..V\ '. - . tik„ I le, ‘. 1 -�� ,.f 1 l t y{ • •-. r ` ,* `• (}Y F i't 4`� .11�1 ,�,. A. �s -r!-X trt kl • ftt tiH1+ t i t * ` Y t:,y 1 ' t • t• ' ' S t t tt 1 .`tie 1 _i7'; •V t . ll_.-�. .'.. ..c: �^it�E> gg1 if .`"',+i. • .k� t It .i+11 ` ; .. Y s 1 t litt„;;i illy :1�1 - ,� i� i .`i 4-. r ; , 1 < '1 1\1 1 "r• Z:•', •' ,F1t ' • •34 i. ' " 7 .• . 'iY4,t . 1$1.,". 4 .i. . , . ... ., . _„ ,, , . s‘.... ...1„,.. ..„‘„ .„ 11 ..i. 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N" . Zm t Itpgoy ,q N {t tt• d it m�1 Na PZ2023-92: Request to Rezone a portion of property from GC-MD (General Commercial— N Multiple Family Dwelling) District to RM-H (Residential Multiple Family—Highest Density) District. Applicant: Zach Rowe for Dr. John Adolph with Antioch Missionary Baptist Church Location: East of 3920 W. Cardinal Drive 0 100 200 1 1 1 1 Feet '. . MI ?.PIM __ • L"egend •' r 111111 l R-S M 1 ` ' 11, %3 FZ2023-92i) 'I BENDER — I 111111111111 1 R S , I I M (� - WWI RM-H � OSY O • .._..-__—-"-.-_ ' • is C 5�. Ill � - 4 s i t F. \f i t � W' ESTER. / —1 1 ' \‘‘ ,, \:, 'i Nia.VI I,i>4),•)11f-Sty.`4";, I,i' 11 / ,.' _1i f,� . 1 -;49 iE,,,�i. ,d�•%•Y +%` _ _ —. tt (47 r 7,t,,, b..l \, , '\ , „I \ '.';i i ' 'itieve v '.4 '?,t v-. ' '14 :11,1 I, EMI , t x, 4),, .-*'14.5 . is,''tit-1%,11`lit 4?A-il __. s: \GCMD ` `tit ,�"'' Vtit.t;•1- I'; 1. ' "Ag , .0 It >,e, la.; lif...,t ,141, ,..L„ ,,•,,t 1.,„s . r •r .,tea •.+"' 1 'I 11 ,`' �t;s" r �:, w ! i 11 ram` — •�. t °'i 1 �.- `.y�•t' / 11 !. '• , s ._ 11.' • •.t r..,', �z I CA A CARD] '�' y Y. RD1N NA L, ., l; CAR 0INA r CARDI ` Exhibit "B" BEAUMONT Planning &Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Rezone Tag Name:Zone Change Request from GC-MD to Case#: PZ2023-92 RM-H. Location:WARREN STREET, BEAUMONT,TX Initiated On:2/16/2023 1:27:56PM Individuals listed on the record: Applicant Zach Rowe Home Phone: 4098920421 3250 Eastex Freeway Work Phone: Beaumont,TX 77703 Cell Phone: 4096588311 E-Mail: zrowe@leadllc.com Property Owner John Adolph Home Phone: 3920 West Cardinal Drive Work Phone: Beaumont,TX 77705 Cell Phone: 4098931159 E-Mail: djadolph4581@gmail.com Case Type:Planning and Zoning Page 1 of 2 Case#:PZ2023-92 Printed On:3/6/2023 BEAUMONT Planning & Community Development Legal Description Legal Description: 8.2614 Acre Tract or Parcel of Land Out of and Part of Blocks 14 and 20 M.C.Cartwright Subdivision Volume 4, Page 194, Map Records Out of and Part of Tract No. 2B Partition Map No. 1 of the McFaddin Trust Volume 7, Page 132, Map Records J.W. Bullock League,Abstract No. 7 Beaumont, Jefferson County,Texas BEING a 8.2614 acre tract or parcel of land situated in the J.W. Bullock League,Abstract No.7, Jefferson County,Texas and being out of and part of Blocks 14 and 20 of the M. C. Cartwright Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Page 194, Map Records, Jefferson County,Texas and also being out of and part of Tract No. 2B of the Partition Map No. 1 of the McFaddin Trust according to the plat thereof recorded in Volume 7, Page 132, Map Records, Jefferson County,Texas and being out and part of that certain called 19.725 acre tract of land as described in a"Special Warranty Deed"from Bar C Ranch to Antioch Missionary Baptist Church as recorded in Clerk's File No. 2000027592, Official Public Records of Real Property, Jefferson County,Texas, said 8.2614 acre tract being more particularly described as follows: NOTE:All bearings are referenced to the most Easterly line of the tract herein described as SOUTH 00°02'16" EAST as recorded in the above referenced Clerk's File No.2000027592, Official Public Records of Real Property, Jefferson County,Texas. All set 5/8"iron rods set with caps stamped"WHITELEY". BEGINNING at a 1/2"iron rod found for the most Northeast corner of the tract herein described,said corner also being the most Northeast corner of the said 19.725 acre Antioch Missionary Baptist Church tract and said corner being in the South line of that certain called 5.000 acre tract of land, identified as Tract No.2, as described in a "Partition Deed"from the City of Beaumont to the County of Jefferson,Texas as recorde Number of Acres 8.26 Proposed Use Cluster Housing Notes: Case Type:Planning and Zoning Page 2 of 2 Case#:PZ2023-92 Printed On:3/6/2023 L _ AD LEAVINS ENGINEERING&DESIGN, LLC PROFESSIONAL ENGINEERING FIRM#F-22257 February 16, 2023 City of Beaumont Planning and Zoning Commission 801 Main Street Beaumont,Texas 77701 REF: Proposed Zone Change Request The Gardens 3920 West Cardinal Drive Beaumont,Texas 77705 Dear Sir or Madam: This letter is being submitted on behalf of Dr. John Adolph and Antioch Missionary Baptist Church to request that the City of Beaumont consider a zone change request to allow for the development of a cluster housing community within a portion of the church's property at the subject address. Currently,this property is dual zoned as both RM-H and GC-MD. We request that the zoning for that portion of the property shown in the attached development plan and as described in the submitted metes and bounds description be entirely zoned as RM-H. If you should have any questions, please do not hesitate to contact us. Respectfully, joa/Z-"" Zachary Rowe Senior Project Manager Cc:Antioch Missionary Baptist Church Enclosures 3250 EASTEX FREEWAY LEAVINS ENGINEERING& DESIGN, LLC P: 409-892-0421 BEAUMONT,TEXAS 77703 F:409-892-1346 1 9 April 4, 2023 Consider a request for an Amended Specific Use Permit to allow retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices on the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District portion of the property located at 3100 N. Major Drive BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider a request for an Amended Specific Use Permit to allow restaurants,professional offices and retail stores in a GC-MD- 2 (General Commercial-Multiple Family Dwelling-2)District for property located at 4515 N. Major Drive. BACKGROUND Dr. Phuc Nhat Le is requesting an Amended Specific Use Permit to allow restaurants, professional offices and retail stores in a new retail shopping center located at 4515 N. Major Drive. The GC-MD-2 zoning district requires a Specific Use Permit for all new proposed land uses. In December of 2019, a request for retail and storage was approved. In September of 2020, Dr. Le requested a development consisting of 17 condominiums and approximately 23,080 square feet of retail space. In April of 2021,the proposal was revised to include 36 Condominium units and approximately 10,700 square feet of retail space. In July 2021,the retail space was eliminated and seventy(70) condominium units were proposed. Now, Dr. Lee would like to eliminate the residential development and move forward with an 8,675 sq. ft. retail shopping center. The location of driveways is subject to approval of TXDOT. Any substantial changes to the site plan resulting from driveway approval may necessitate additional review of the plan via the Specific Use Permit process. At a Joint Public Hearing held on March 20, 2023,the Planning Commission recommended 9:0 to approve the request for an Amended Specific Use Permit to allow restaurants,professional offices and retail stores in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property located at 4515 N. Major Drive,with the following conditions: 1. Construction plans shall comply with all applicable Building Codes and Fire requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back-flow,pre-treatment and/or FOG program. 3. A net-zero increase in the runoff will be required to ensure the runoff from the proposed conditions match the existing conditions for the 100-year storm event using Atlas 14 rainfall data,per Drainage District 6. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance,with the following conditions: 1. Construction plans shall comply with all applicable Building Codes and Fire requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back-flow,pre-treatment and/or FOG program. 3. A net-zero increase in the runoff will be required to ensure the runoff from the proposed conditions match the existing conditions for the 100-year storm event using Atlas 14 rainfall data,per Drainage District 6. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 4.981 acre tract of land lying in the DANIEL EASELY SURVEY, ABSTRACT NUMBER 20 in Jefferson County, Texas, being all of that certain 2.518 acres as described in an instrument to Leroy Minton and wife, Mary Jane Minton, of record in Volume 1698 on Page 484 of the Deed Records of Jefferson County, Texas and all of that certain 2.523 acres (SECOND TRACT)as described in an instrument to Leroy Minton and wife, Mary Jane Minton, of record in Volume 1511 on Page 418 of said Deed Records, said 4.981 acres being more particularly described as follows: BEGINNING at a 1/2"rod found in the West right-of-way line of Major Drive(AKA FM Highway 364), marking the Southeast corner of that certain 2.818 acres as described in an instrument to Vergil Ray Rutledge of record in County Clerk's File Number 9404745 of the Official Public Records of Jefferson County, Texas, the Northeast corner of said 2.523 acres and the Northeast corner of the herein described tract; THENCE S 03°08'24" E with the West right-of-way line of Major Drive, the East line of said 2.523 acres and an East line of the herein described tract a distance of 157.61' to a 1/2"rod found for the Southeast corner of said 2.523 acres,the Northeast corner of said 2.518 acres and an angle point in the East line of the herein described tract; THENCE S 03°03'15"E with the West right-of-way line of Major Drive,an East line of said 2.518 acres and an East line of the herein described tract a distance of 12.11' to a capped rod("ACCESS SURVEYORS") set marking an exterior "ell" corner of said 2.518 acres and an exterior "ell" corner of the herein described tract; THENCE S 86°55'58" W with an East-West line of said 2.518 acres and an East-West line of the herein described tract a distance of 140.00' to a capped rod ("ACCESS SURVEYORS") set marking an interior "ell" corner for said 2.518 acres and an interior "ell" corner for the herein described tract; THENCE S 02°57'42" E with an East line of said 2.518 acres and an East line of the herein described tract a distance of 144.40' to a point in the concrete footing of a fence post found in the North line of that certain 7.368 acres as described in an instrument to Breakwater Bay, LTD of record in County Clerk's File Number 2003014455 of said Official Public Records, marking the Southeast corner of said 2.518 acres and the Southeast corner of the herein described tract; THENCE S 87°04'37" W with the North line of said 7.368 acres and the South line of the herein described tract a distance of 702.65' to a capped rod ("F&S") found for and interior "ell" corner of said 7.368 acres,the Southwest corner of said 2.518 acres and the Southwest corner of the herein described tract; THENCE N 02°37'43" W with the West line of said 2.518 acres and the West line of the herein described tract a distance of 74.72' to a capped rod ("F&S") found in the Southeast right-of-way line of the LNVA Canal, marking the Northwest corner of said 7.368 acres, an angle point in the West line of said 2.518 acres and the West line of the herein described tract; THENCE N 39°50'14" E with the Southeast right-of-way line of the LNVA Canal, the West line of said 2.518 acres,the West line of said 2.523 acres and the West line of the herein described tract a distance of 322.08' to a capped rod ("ACCESS SURVEYORS") set marking the Southwest corner of said 2.818 acres, the Northwest corner of said 2.523 acres and the Northwest corner of the herein described tract; THENCE N 86°46'31"E with the South line of said 2.818 acres,the North line of said 2.523 acres and the North line of the herein described tract a distance of 622.88' to the POINT AND PLACE OF BEGINNING, containing in area 4.981 acres of land, more or less. A plat of even date accompanies this field note description(File 15241). ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW RESTAURANTS, CLOTHING STORES, FOOD SHOPS, BEAUTY SALONS, AND PROFESSIONAL OFFICES IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE DWELLING-2) DISTRICT AT 3100 N. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Zulag Properties, L.L.C., is requesting approval of an amended Specific Use Permit to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons, and professional offices at 3100 N. Major Drive; and, WHEREAS, in February of 2017, Council approved a Specific Use Permit to allow a 37,750 sq. ft. retail shopping center with two hundred and sixteen (216) parking spaces; and, WHEREAS, in February of 2023, the developer applied for a building permit, and it was discovered that the Specific Use Permit had expired and the site plan flipped with the road originally being located to the south of the shopping center to said road being located to the north, which placed the commercial structure closer to the residential neighborhood on Village Drive; 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 shopping center with restaurants, clothing stores, food shops, beauty salons, and professional offices in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 3100 N. Major Drive, being Tract 82-A, plat SP-1, H. Williams Survey, Abstract 56, City of Beaumont, Jefferson County, Texas, containing 8.66 acres, more or less, as shown on Exhibit "A," subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements; and, 2. Construction plans shall comply with 28.04.006 Landscaping and screening requirements and install a five (5') wide along Major Drive from property line to property line; and, 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program; and, 4. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development; and, 5. Utility plan shall show the location of the required fire hydrants; and, WHEREAS, Zulag Properties, L.L.C., requests approval of the Amended Specific Use Permit so they may move forward with their development of the Westchase Shopping Center for a retail shopping center with restaurants, clothing stores, food shops, beauty salons, and professional offices in a GC-MD-2 (General Commercial-Multiple Dwelling-2) District for the property located at 3100 N. Major Drive, being Tract 82-A, plat SP-1, H. Williams Survey,Abstract 56, City of Beaumont, Jefferson County, Texas, containing 8.66 acres, more or less, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons, and professional offices in a GC-MD-2 (General Commercial-Multiple Dwelling-2) District located at 3100 N. Major Drive; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, . in all things, approved and adopted. Section 1. That the amendment of the specific use permit be granted to Zulag Properties, L.L.C., their legal representatives, successors, and assigns for that certain tract shown on Exhibit "A," attached hereto and made a part hereof for all purposes, to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons, and professional offices in a GC-MD-2 (General Commercial-Multiple Dwelling-2) District for the property located at 3100 N. Major Drive, subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans shall comply with 28.04.006 Landscaping and screening requirements and install a five (5') wide along Major Drive from property line to property line. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 4. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development. 5. Utility plan shall show the location of the required fire hydrants. 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. 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' i ' AP• } • • it-• / , to e ' MS- , • I ? • , RM-Fl t 1_,• ,104:01 - • ' I i 0,, '',"4.4'"'1....:''.rtZIP,4 Ire t , ". 14. : • i t . /i I ' . 111 I '.,.%;•'.t'it-Zi,isf: '{...• !,,F.,44,c f,,,_, • 't- :•i ,.' s-,.•11 ,,, 1 , .ri.. ...• ,...4, • ... 4 • ••' T T Y1 , .- .•./ , .il • I . i , I i . 1 i I t , • , • --------- Exhibit "B" BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type:Specific Use Permit Tag Name:Amended SUP for restaurants, Case#: PZ2023-89 professional offices& retail stores in GCMD-2 Location:4515 N. Major Drive Beaumont,TX 77713 Initiated On:2/21/2023 4:38:07PM Individuals listed on the record: Applicant Phuc Nhat Le Home Phone: Missing Address, City, State, or Zip Code in People Work Phone: Cell Phone: 409-201-3248 E-Mail: Ibfmanagementllc@yahoo.com Property Owner Phuc Nhat Le Home Phone: Missing Address, City, State, or Zip Code in People Work Phone: Cell Phone: E-Mail: Agent Charles Shajari Home Phone: 409-351-2601 87 Interstate 10 N Suite 115 Work Phone: Beaumont,TX 77707 Cell Phone: 409-351-2601 E-Mail: benchmark1990@gmail.com Case Type:Planning and Zoning Page 1 of 3 Case#:PZ2023-89 Printed On:3/8/2023 BEAUMONT Planning & Community Development Legal Description Daniel Easley Survey Abstract N. 20 Daniel Easley 4.981 or 5.0 Acres Number of Acres 5.20 Proposed Use GC-MD That the specific use will be The management team as well as the responsible party of the compatible with and not injurious to proposed project will be unequivocally committed and complied to the use and enjoyment of other all the building regulations and safety standards set forth by the city property,nor significantly diminish or upon approval of permit. In addition to providing much needed impair property values within the services/resources, our management team will also be faithfully immediate vicinity 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. That the establishment of the specific The objective of the proposed retail is to primarily provide and fulfill use will not impede the normal and essential resources/services recognized by the surrounding orderly development and improvement communities. In the event of future growth and expansion, everything of surrounding vacant property; will be done in accordance with city ordinance requirements as to avoid any potential impediment of progress in development of nearby properties and/or businesses. That adequate utilities,access roads, The proposed site will be designed by license professional engineer drainage and other necessary in state of Texas which will provide adequate drainage &outfall supporting facilities have been or will discharge point as per drainage study.All the private utilities will be provided comply with the plumbing codes requirements and 8a€ C-900 waterline extension within the proposed 10a€TM exclusively waterline easement and provide fire hydrant as per fire code.All roadways will be 6a€reinforced concrete pavement with drainage and grading design. The design,location and arrangement The proposed retail will be designed for all safety requirements of City of all driveways and parking spaces of Beaumont with 36a€TM wide entrance and 25a€TM radii to meet the provides for the safe and convenient guidelines and provide safety ends at each side of driveway.All movement of vehicular and pedestrian roadways are design for 25a€TM wide fire truck accessibility. traffic That adequate nuisance prevention The proposed retail will be regulated by the property management measures have been or will be taken team, as part of their job descriptions,will be monitoring the site for to prevent or control offensive odor, QA/QC of physical appearance and cleanliness.The dumpster fumes,dust, noise and vibration provided with enclosure doors and fenced.There will be a guideline and brochure for not littering and map of the site for dumpster 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. That directional lighting will be The proposed retail area will have the sign and 10 LED light for provided so as not to disturb or directional as per City ordinance requirement.All the lighting system adversely affect neighboring at the site will be LED with proper design luminous to not disturb or properties affecting neighboring properties. Case Type:Planning and Zoning Page 2 of 3 Case#:PZ2023-89 Printed On:3/8/2023 BEAUMONT Planning & Community Development That there are sufficient landscaping The proposed retail will have the 6a€TM landscape buffer in front of and screening to insure harmony and property with shrubs at 245€ C-C&trees at 10a€TPA apart with class compatibility with adjacent property a€ceAa€trees per City ordinance along the north&south side and 1a€water meter irrigation with RPZ in cage. That the proposed use is in The proposed retail will be designed and as per all City of Beaumont accordance with the Comprehensive Codes,Ordinance, and other agencies. Plan Notes: Case Type:Planning and Zoning Page 3 of 3 Case#:PZ2023-89 Printed On:3/8/2023 Phuc Nhat Le,Property Owner Sunrise Plaza,4515 N Major Drive Beaumont,TX 77713 February 21,2023 The proposed retail project will be one pre-engineered metal buildings at approximately 8675 sf with architectural aesthetics.In this building we will have coffee shop, restaurant, insurance office, hair or nail salon, clothing store and chain deli restaurant. We will provide total management of the property with onsite/offsite staff and 24-hour video surveillance at the site retail building. The site will be fenced on all 2 sides at 8' as per code and will provide the 15' landscaping buffer with class "A"trees @ 10' apart. The property is 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 April 2023 with ground break and construction. Our goal when approach this project is to use excellent quality and safe/effective workmanship in accordance with 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 Sunrise Plaza. 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. Sincerely, Phtiw Nhat Le, Phuc Nhat Le, Property Owner 10 April 4, 2023 Consider a resolution authorizing the City Manager to execute a contract with HDR Inc. to perform a water & wastewater utility financial planning and rate model BEAUMONT TEXAS TO: City Council FROM: Kenneth R Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract with HDR Inc. to perform a water& wastewater utility financial planning and rate model. BACKGROUND A work session was held on April 21, 2023, to discuss the revenue, fund balance and operations of the water and wastewater utility fund. Various ideas were discussed on how to increase the minimum required fund balance from 15% of annual operating costs to 25% of annual operating costs. The increase in the minimum fund balance is needed to help satisfy some of the metrics used by rating agencies when they assign ratings to our revenue bond issues. A water and sewer service rate study which will align to our 5-year capital plan was one of the ideas discussed that day. This idea was also well received by our rating agencies, and it was mentioned in their press release when they issued our most recent ratings. Staff reviewed 3 different proposals from professional firms qualified to perform this model and recommends that we award a contract to HDR Inc. for a proposed fee not to exceed $54,367. A copy of the contract is attached for your review. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a contract with HDR Inc., of Austin, Texas, to perform a water and wastewater utility financial planning and rate model in the amount of $54,367.00. 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 4th day of April, 2023. - Mayor Robin Mouton - March 16, 2023 Mr. Todd Simoneaux Chief Financial Officer City of Beaumont 801 Main Street Beaumont, Texas 78362 Re: Agreement for Water and Sewer Rate Study Dear Mr. Simoneaux: HDR is pleased to submit, for your consideration, a this agreement for the development of a water and wastewater utility financial planning and rate model. HDR will provide technical and coordination support for the development of the model and rate updates. Scope, schedule and fee is included as Attachment A. HDR's standard terms and conditions that will apply to this contract are included as Attachment B. Should you find this agreeable, please counter-sign below and return a complete contract package to HDR. If you have any questions, please call me at 512-214-6154. Sincerely, HDR Engineering, Inc. ile,Agrtge''e Grady Reed Project Manager Agreed: David Weston Authorized Representative Vice President City of Beaumont, TX Date hdrinc.com 4401 West Gate Boulevard,Suite 400,Austin,TX 78745 T 512.912.5100 F 512.912.5158 Texas Registered Engineering Firm F-754 EXHIBIT"A" Attachment A Scope, Schedule and Fee Scope of Services Task 1: Initial Project Meeting This meeting will allow both parties to discuss the overall goals and objectives for this study, while at the same time discussing issues and concerns either party may have. This meeting will be held in person. Task 2: Data Collection HDR will provide a written data request prior to the initial project meeting so that it can be discussed at the meeting and problem areas resolved. The data and information requested for this study will be, for the most part, readily available information (e.g., financial, statistical, customer, etc.). For example, we would collect relevant information such as past cost of service studies, current rate ordinance and water supply contracts. Some data, particularly related to customer consumption and usage patterns may require more effort (e.g., determining consumption by block sizes). Where the data is not readily available or will require significant effort to collect, our team and City staff will determine the "sensitivity" or "importance" of the data required and whether alternative data sources are available. Task 3: Revenue Requirement Analysis In this task, we will begin to develop the revenue requirement analyses for each utility, which is the first major analytical portion of the comprehensive rate study process.This portion of the study will entail reviewing, for each utility,the various sources of funds (revenues) and comparing them to the applications of funds (expenses) for the utility.This task considers funding for O&M and capital expenditures for each utility and determines the need for rate adjustments over the time-period selected. A more detailed discussion of the various steps involved in developing the City's revenue requirements for each utility is provided below. Step 1: Selection of a Test Period A "test period" refers to a time frame of reference for the accumulation of revenues, expenses, and consumption data. In this case, a 5-year projected time-period is proposed. By reviewing costs over this extended time frame, the City can determine if steps are needed today to help reduce future impacts (e.g., rate adjustment transition, accumulation of capital reserves, etc.). Step 2: Accumulation of Revenues and Expenses Once we determine the test period, we will develop the test period revenue requirements for each utility. These will be developed in conjunction with the City management and staff. Revenue requirements are composed of two major types of costs: operational and capital expenses. In projecting revenues, the City's historical billing records (sales and revenues) are used as a starting point, and a projection of future sales (e.g., demands, flows, and loads) is developed. We will work closely with the City to develop a revenue forecast for each utility for the projected test period. The operational costs are generally projected from historical or budgeted costs, using assumed escalation factors, and adjusted for known changes in operations (e.g., additional personnel, growth/expansion, etc.). While the projection of the operational costs is fairly straightforward,the capital cost projections are generally the focus of the analysis and require more thought and planning. Within this study,the starting point for projecting capital costs (expenditures) will be the City's capital improvements plans for each utility, or other relevant capital planning and capital budgeting documents. In the financial planning process, consideration must be given to maximizing capital improvements (expenditures) for the system, while minimizing rates to its customers.This is accomplished in a variety of ways.The important aspect of this discussion is that there are multiple methods of financing capital expenditures, and it is through this process that rates can be minimized. HDR will work with City staff to determine likely funding sources for each project included in the capital improvement plan. Step 3: Review of Policies and Financial indicators During the development of the revenue requirement, our team will review existing financial policies and practices and will recommend adjustments for meeting industry standard practices, such as meeting recommended debt service coverage levels, reserve balances, use of one-time revenues, and funding of capital from rates. For example, a utility's debt service coverage (DSC) ratio is an important financial measure or indication of the utility's ability to repay debt. Maintaining at least the minimum DSC is often a rate (legal) covenant associated with the issuance of debt. During this financial planning process, we will confirm that each utility is projected to be able to maintain targeted minimum reserve levels over the course of the multi-year time-period. If reserves fall below the recommended minimum levels, our team will bring this to the City's attention and provide alternatives to meeting certain reserve levels. Step 4: Review of Initial Results During the development of the revenue requirements, we will have an internal meeting to review the draft analysis, confirm the data inputs and assumptions with the City, and discuss the preliminary draft results. A key objective of this review process is to help City management and staff clearly understand the approach and methodology used by our team to develop the analysis and key assumptions. Task 4: Cost of Service Analysis Given the results of the revenue requirements, the City's utility costs will be allocated to the various customer classes of service using an average embedded cost of service methodology. We will use 2022 as the test year. A cost-of-service study attempts to equitably allocate the revenue requirements of each utility between the various customer classes of service (e.g., residential, commercial, etc.). A brief discussion of the key steps associated with a cost of serve analysis is provided below. Step 1: Selection of the Methodology for Accumulating Cost There are two generally accepted methods for accumulating costs—the "cash basis" and the "utility basis." Similar to the development of the revenue requirements, the cost of service will utilize the "cash basis" methodology. Step 2: Functionalization and Classification of Expenses Functionalization refers to the arrangement of cost data into its basic cost categories (e.g., for the water utility, source of supply, treatment, transmission, distribution, etc.). Given functionalized costs, the costs are then classified into their various cost components. For example, for a water utility, classification involves determining whether each specific cost or account item was incurred to meet a customer's capacity, commodity, fire protection, or customer-related need. For the sewer utility, there are volume, strength and customer- related costs. A thorough review of the various types of costs that the City incurs for each utility will be undertaken, and specific cost classifiers developed. As part of this task, all water utility costs will be allocated to the water utility and all sewer costs to the sewer utility. Step 3: Determining of Classes of Service The process of establishing classes of service is to group customers into similar groups (e.g., residential, commercial, etc.). We will review the classes of service that are currently used by the utilities and recommended changes needed. Step 4: Allocation of Expenses Once the classes of service have been determined, the process of developing allocation factors is undertaken. In developing the allocation factors, we will develop factors that are "fair and equitable" to customers and rely upon utility specific data where available. Where utility-specific data is not available, we will use various methods to establish reasonable surrogates. Step 5: Summary of the Cost of Service Given the development of the allocation factors, the final task allocates the expenses to each class of service. From this process, a summary page of the cost-of-service study to each utility is provided.The summary page for the cost-of-service study compares the difference between the current level of rate revenues received from each class of service, and the allocated cost of service for each class. Draft results will be reviewed with City staff to confirm HDR's assumptions in cost allocations and distribution of costs. The final cost of service results will incorporate input from the City. The cost of service will provide average unit costs, or cost-based rates, which are important to the development of final rate designs. Finally, the HDR team will work with the City to examine and identify if there are cost differences in serving inside-city customers versus outside-city customers. Task 5: Rate Design Analysis From the initial project meeting, HDR will understand the rate design goals and objectives of the City. As a part of this task, the City's existing rate designs for each utility will be reviewed to verify that they conform to contemporary rate-setting goals and objectives. For each rate design developed, a bill comparison and graph will be provided that shows a comparison between the present bill and the proposed bill at various levels of usage and for various customer classes. Bill comparisons are useful in assessing the potential impacts on a wide variety of customers. In addition, as part of this task, HDR will review and provide recommendations for changes in service rates for various meter sizes as well as working to City staff to determine if it is appropriate to include a minimum number of gallons into the "demand" charge. Finally, Chapter 22 of the City's Code of Ordinances will be reviewed for other water and sewer ancillary charges to ensure that the current charge amounts are appropriate. A comparison of current and recommended utility rates and average residential and commercial bills will be developed with other like-sized municipal utilities in the surrounding area. Task 6: Written Reports Upon completion of the rate analysis, we will develop a draft written report of the rate study. The written reports are intended to be comprehensive in nature and document the activities undertaken as a part of the project, along with our findings, conclusions, and recommendations. Task 7: Meetings, Workshops, and Public Presentations It is anticipated that there will be three meetings with the City Council, one to review the cost- of-service study results and two City Council meetings to review and discuss the rate study results. One of these meetings will be in a workshop format and the final presentation will be a City Council meeting. The Project Manager, Grady Reed, will provide the presentations. Throughout this study, we will schedule, as appropriate, project meetings with City staff to keep them abreast of the progress of the study and to make sure the key assumptions and methodology used within the study are consistent with the City's thinking. Task 8: Computer Models and Training Financial, cost-of-service, and rate design models developed as a part of this study will be provided at the end of the study. Models will be developed in Microsoft Excel. During the development of the rate model, HDR walks City staff through the model so they have an understanding of how the model works and how the model needs to be updated. Our team can provide additional training on the rate model if needed. Project Schedule Activity April May June July August Water/Wastewater Rate Model Update Task 1 -Initial Project Meeting Task 2-Data Collection and Review Task 3-Revenue Requirement Analysis Task 4-Cost of Service Analysis Task 5-Rate Design Analysis Task 6-Written Report Task 7-Council/Public Presentations 1111 1111. X X Task 8-Computer Model Project Fee The fee shown below is on a time and materials basis and will not be exceeded without advanced written approval from the City. Invoices will be determined by raw hourly rates times 3.4. The City will be billed monthly for services with payment expected 45 days from the date of the invoice. Total Fee (including Task Total Hours expenses) Initial Project Meeting 10 $ 2,794 Data Collection and Review 25 $ 6,141 Revenue Requirement Analysis 42 $ 10,499 Cost of Service Analysis 44 $ 9,858 Rate Design Analysis 31 $ 7,637 Written Report Public Presentations m • Computer Model 26 $ 6,508 Total Hours/Fee 221 $ 54,367 Attachment B Standard Terms and Conditions I-1DR Engineering, inc. Terms and Conditions for Consulting Services 1. STANDARD OF PERFORMANCE objectives and constraints,space,capacity and performance The standard of care for all professional engineering,consulting requirements,flexibility and expandability,and any budgetary and related services performed or furnished by CONSULTANT limitations. OWNER will also provide copies of any OWNER- and its employees under this Agreement will be the care and furnished Standard Details,Standard Specifications,or Standard skill ordinarily used by members of CONSULTANT's profession Bidding Documents which are to be Incorporated into the project. practicing under the same or similar circumstances at the same time and in the same locality. CONSULTANT makes no OWNER will furnish the services of soilsigeotechnical engineers warranties,express or implied,under this Agreement or or other consultants that include reports and appropriate otherwise,in connection with CONSULTANT's services. professional recommendations when such services are deemed necessary by CONSULTANT. The OWNER agrees to bear full 2. INSURANCEIINDEMNITY responsibility for the technical accuracy and content of OWNER- CONSULTANT agrees to procure and maintain,at its expense, furnished documents and services. Workers'Compensation insurance as required by statute; Employer's Liability of$250,000;Automobile Liability insurance of In performing professional engineering,consulting and related $1,000,000 combined single limit for bodily injury and property services hereunder,it is understood by OWNER that damage covering all vehicles,including hired vehicles,owned and CONSULTANT is not engaged in rendering any type of legal, non-owned vehicles;Commercial General Liability Insurance of insurance or accounting services,opinions or advice. Further,it $1,000,000 combined single limit for personal Injury and property is the OWNER's sole responsibility to obtain the advice of an damage;and Professional Liability insurance of$1,000,000 per attorney,insurance counselor or accountant to protect the claim for protection against claims arising out of the OWNER's legal and financial interests. To that end,the OWNER performance of services under this Agreement caused by agrees that OWNER or the OWNER's representative will negligent acts,errors,or omissions for which CONSULTANT is examine all studies,reports,sketches,drawings,specifications, legally liable. OWNER shall be made an additional insured on proposals and other documents,opinions or advice prepared or Commercial General and Automobile Liability Insurance provided by CONSULTANT,and will obtain the advice of an policies and certificates of insurance will be furnished to the attorney,insurance counselor or other consultant as the OWNER OWNER. CONSULTANT agrees to indemnify OWNER for third deems necessary to protect the OWNER's interests before party personal injury and property damage claims to the extent OWNER takes action or forebears to take action based upon or caused by CONSULTANTs negligent acts,errors or omissions. relying upon the services provided by CONSULTANT. However,neither Party to this Agreement shall be liable to the 7. RE-USE OF DOCUMENTS other Party for any special, specifications, damages(including incidental,indirect,or consequential All documents,including all reports,drawings, but not limitedto Toss of use or opportunity; computer software or other items prepared or furnished by loss of good will;cost of substitute facilities,goods,or services; CONSULTANT pursuant to this Agreement,are instruments of cost of capital;and/or fines or penalties),loss of profits or service with respect to the project. CONSULTANT retains out revenue arising out of,resulting from,or in any way related to ownership of all such documents. OWNER may retain copies of the Project or the Agreement from any cause or causes, the documents for its information and reference in connection with including but not limited to any such damages caused by the the project;however,none of the documents are intended or negligence,errors or omissions,strict liability or breach of contract. represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse 3. ESTIMATES without written verification or adaptation by CONSULTANT for the Any estimates of project cost,value or savings provided by specific purpose intended will be at OWNER's sole risk and CONSULTANT are intended to allow a comparative evaluation without liability or legal exposure to CONSULTANT,and OWNER between alternatives and do not constitute a detailed evaluation will defend,indemnify and hold harmless CONSULTANT from all or prediction of actual project costs,value or savings. Any such claims,damages,losses and expenses,including attorney's fees, estimates are made on the basis of information available to arising or resulting therefrom. Any such verification or adaptation CONSULTANT and on the basis of CONSULTANT's experience will entitle CONSULTANT to further compensation at rates to be and qualifications,and represents its judgment as an experienced agreed upon by OWNER and CONSULTANT. and qualified professional engineer. However,since 8. TERMINATION OF AGREEMENT CONSULTANT has no control over the Impact of various factors OWNER or CONSULTANT may terminate the Agreement,in that impact the actual project cost,value or savings, whole or in part,by giving thirty(30)days written notice to the CONSULTANT does not guarantee that the actual project cost, other party. Where the method of payment is"lump sum,"or cost value or savings will not vary from CONSULTANT's estimates. reimbursement,the final invoice wilt include all services and 4. CONTROLLING LAW expenses associated with the project up to the effective date of This Agreement is to be governed by applicable laws in the termination. An equitable adjustment shall also be made to State of Texas. provide for termination settlement costs CONSULTANT incurs as a result of commitments that had become firm before termination, 5. SUCCESSORS,ASSIGNS AND BENEFICIARIES and for a reasonable profit for services performed. OWNER and CONSULTANT,respectively,bind themselves,their partners,successors,assigns,and legal representatives to the 9. SEVERABILITY covenants of this Agreement. Neither OWNER nor If any provision of this agreement is held invalid or CONSULTANT will assign,sublet,or transfer any Interest in this unenforceable,the remaining provisions shall be valid and Agreement or claims arising therefrom without the written consent binding upon the parties.One or more waivers by either party of of the other.No third party beneficiaries are intended under this any provision,term or condition shall not be construed by the Agreement. other party as a waiver of any subsequent breach of the same provision,term or condition. 6. SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to 10. CONTROLLING AGREEMENT OWNER's requirements for the project,including design 1 (512020) These Terms and Conditions shall take precedence over any employment,statutes and regulations,as stated in Title 41 Part inconsistent or contradictory provisions contained in any 60 of the Code of Federal Regulations§60-1.4(a-f),§60-300.5 proposal,contract,purchase order,requisition,notice-to- (a-e),§60-741(a-e). proceed,or like document, 14. EXECUTION 11. INVOICES This Agreement,including the exhibits and schedules made part CONSULTANT will submit monthly invoices for services hereof,constitute the entire Agreement between CONSULTANT rendered and OWNER will make payments to CONSULTANT and OWNER,supersedes and controls overall prior written or within thirty(30)days of OWNER's receipt of CONSULTANT's oral understandings. This Agreement may be amended, invoice. supplemented or modified only by a written instrument duly executed by the parties. CONSULTANT will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules 15. ALLOCATION OF RISK pertaining to the support of expenditures for income tax OWNER AND CONSULTANT HAVE EVALUATED THE RISKS purposes.Receipts will be available for inspection by OWNER's AND REWARDS ASSOCIATED WITH THIS PROJECT, auditors upon request. INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS If OWNER disputes any items in CONSULTANTs invoice for ASSUMED,AND AGREE TO ALLOCATE CERTAIN OF THE any reason,including the lack of supporting documentation, RISKS,SO,TO THE FULLEST EXTENT PERMITTED BY OWNER may temporarily delete the disputed item and pay the LAW,THE TOTAL AGGREGATE LIABILITY OF remaining amount of the invoice. OWNER will promptly notify CONSULTANT(AND ITS RELATED CORPORATIONS, CONSULTANT of the dispute and request clarification and/or SUBCONSULTANTS AND EMPLOYEES)TO OWNER AND correction. After any dispute has been settled,CONSULTANT THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE will include the disputed item on a subsequent,regularly LESSER OF$1,000,000 OR ITS FEE,FOR ANY AND ALL scheduled Invoice,or on a special invoice for the disputed item INJURIES,DAMAGES,CLAIMS,LOSSES,OR EXPENSES only. (INCLUDING ATTORNEY AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT OWNER recognizes that late payment of invoices results in extra REGARDLESS OF CAUSE(S)OR THE THEORY OF expenses for CONSULTANT. CONSULTANT retains the right to LIABILITY,INCLUDING NEGLIGENCE,INDEMNITY,OR assess OWNER interest at the rate of one percent(1%)per OTHER RECOVERY. month,but not to exceed the maximum rate allowed by law,on invoices which are not paid within thirty(30)days from the date 16. LITIGATION SUPPORT OWNER receives CONSULTANT's Invoice. In the event In the event CONSULTANT is required to respond to a undisputed portions of CONSULTANTs invoices are not paid subpoena,government inquiry or other legal process related to when due,CONSULTANT also reserves the right,after seven(7) the services in connection with a legal or dispute resolution days prior written notice,to suspend the performance of its proceeding to which CONSULTANT is not a party,OWNER services under this Agreement until all past due amounts have shall reimburse CONSULTANT for reasonable costs in been paid In full. responding and compensate CONSULTANT at its then standard rates for reasonable time incurred in gathering information and 12. CHANGES documents and attending depositions,hearings,and trial. The parties agree that no change or modification to this Agreement,or any attachments hereto,shall have any force or 17. NO THIRD PARTY BENEFICIARIES effect unless the change is reduced to writing,dated,and made This Agreement gives no rights or benefits to anyone other than part of this Agreement. The execution of the change shall be the OWNER and CONSULTANT and has no third-party authorized and signed In the same manner as this Agreement. beneficiaries.All work product will be prepared for the sole and Adjustments in the period of services and in compensation shall exclusive use of the OWNER and is not for the benefit of any be in accordance with applicable paragraphs and sections of this third party and may not be distributed to,disclosed in any form Agreement. Any proposed fees by CONSULTANT are to,used by,or relied upon by,any third party without the prior estimates to perform the services required to complete the written consent of CONSULTANT,which consent may be project as CONSULTANT understands it to be defined. For withheld in its sole discretion.OWNER agrees to indemnify those projects involving conceptual or process development CONSULTANT and its officers,employees,subcontractors,and services,activities often are not fully definable in the Initial affiliated corporations from all claims,damages,losses,and planning. In any event,as the project progresses,the facts costs,including but not limited to litigation expenses and developed may dictate a change in the services to be performed, attomey's fees arising out of or related to the unauthorized which may alter the scope. CONSULTANT will inform OWNER disclosure,change,or alteration of such work product. of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as Use of any report or any information contained therein by any required. If such change,additional services,or suspension of party other than OWNER shall be at the sole risk of such party services results in an increase or decrease in the cost of or time and shall constitute a release and agreement by such party to required for performance of the services,an equitable defend and indemnify CONSULTANT and its affiliates,officers, adjustment shall be made,and the Agreement modified employees and subcontractors from and against any liability for accordingly. direct,Indirect,incidental,consequential or special loss or damage or other liability of any nature arising from said patty's 13. EQUAL EMPLOYMENT AND NONDISCRIMINATION use of such report or reliance upon any of its content.To the In connection with the services under this Agreement, maximum extent permitted by law,such release from and CONSULTANT agrees to comply with the applicable provisions indemnification against liability shall apply In contract,tort of federal and slate Equal Employment Opportunity for (including negligence),strict liability,or any other theory of individuals based on color,religion,sex,or national origin,or liability. disabled veteran,recently separated veteran,other protected veteran and armed forces service medal veteran status, 18. DISCLAIMER disabilities under provisions of executive order 11246,and other Terms&Conditions for Consulting Services 2 (5/2020) In preparing reports,CONSULTANT relies,in whole or in part, on data and information provided by the OWNER and third parties,which information has not been Independently verified by CONSULTANT and which CONSULTANT has assumed to be accurate,complete,reliable,and current.Therefore,while CONSULTANT has utilized the customary professional standard of care In preparing this report,CONSULTANT does not warrant or guarantee the conclusions set forth in reports which are dependent or based upon data,information or statements supplied by third parties or the OWNER. 19 OPERATIONAL TECHNOLOGY SYSTEMS OWNER agrees that the effectiveness of operational technology systems COT Systems")and features designed,recommended or assessed by CONSULTANT are dependent upon OWNER's continued operation and maintenance of the OT Systems in accordance with all standards,best practices,laws,and regulations that govern the operation and maintenance of the OT Systems. OWNER shall be solely responsible for operating and maintaining the OT System in accordance with applicable industry standards(i.e.ISA,NIST,etc.)and best practices, which generally include but are not limited to,cyber security policies and procedures,documentation and training requirements,continuous monitoring of assets for tampering and intrusion,periodic evaluation for asset vulnerabilities, implementation and update of appropriate technical,physical, and operational standards,and offline testing of all software/firmware patches/updates prior to placing updates Into production. Additionally,OWNER recognizes and agrees that OT Systems are subject to internal and external breach, compromise,and similar incidents. Security features designed, recommended or assessed by CONSULTANT are intended to reduce the likelihood that OT Systems will be compromised by such incidents. However,CONSULTANT does not guarantee that OWNER's OT Systems are impenetrable and OWNER agrees to waive any claims against CONSULTANT resulting from any such incidents that relate to or affect OWNER's OT Systems. 20. FORCE MAJEURE CONSULTANT shall not be responsible for delays caused by factors beyond CONSULTANT's reasonable control,including but not limited to delays because of strikes,lockouts,work slowdowns or stoppages,government ordered Industry shutdowns,power or server outages,acts of nature,widespread infectious disease outbreaks(including,but not limited to epidemics and pandemics),failure of any governmental or other regulatory authority to act in a timely manner,failure of the OWNER to furnish timely information or approve or disapprove of CONSULTANT's services or work product,or delays caused by faulty performance by the OWNER's or by contractors of any level or any other events or circumstances not within the reasonable control of the party affected,whether similar or dissimilar to any of the foregoing.When such delays beyond CONSULTANTs reasonable control occur,the OWNER agrees that CONSULTANT shall not be responsible for damages,nor shall CONSULTANT be deemed in default of this Agreement, and the parties will negotiate an equitable adjustment to CONSULTANTs schedule and/or compensation If Impacted by the force majeure event or condition. • Terms&Conditions for Consulting Services 3 (5/2020) 11 April 4, 2023 Consider an Ordinance amending Ordinance 23-005 BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider an Ordinance amending Ordinance 23-005. BACKGROUND On January, 24, 2023, Council adopted Ordinance 23-005 approving a contract with the County for election services. The proposed amendment would remove page 9 of the Election Services Contract relating to the"Contract Cost" and replace it with an amended page 9. The amendment is required to reflect the use of the updated voting machines. RECOMMENDATION Approval of the Ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE ADMENDING ORDINANCE 23-005 TO REMOVE PAGE 9 OF THE ELECTION SERVICES CONTRACT RELATING TO "CONTRACT COST" AND REPLACE IT WITH AN ADMENDED PAGE 9 TO REFLECT THE USE OF UPDATED VOTING MACHINES. WHEREAS, on January 24, 2023, Council adopted Ordinance 23-005 approving a contract with the County for Election Services; and, WHEREAS, an amendment is required to remove page 9 of the Election Services Contract relating to "Contract Cost" and replace it with an amended page 9 to reflect the use of updated voting machines. The agreement is substantially in the form attached hereto as Exhibit "A," and made a part hereof for all purposes; 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. THAT the City Manager be and he is hereby authorized to execute the amendment to the Election Services Contract. The contract is substantially in the form attached hereto as Exhibit "A," and made a part hereof of all purposes. 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 4th day of April, 2023. - Mayor Robin Mouton - oxtiuN ci1l. M '. l'A Pis'X ELECTION SERVICES CONTRACT BEAUMONT INDEPENDENT SCHOOL DISTRICT(BISD) CITY OF BEAUMONT PORT OF BEAUMONT This Contract made and entered into,by and between Jefferson County,hereinafter referred to as "County",acting herein by and through its County Judge and Commissioner's Court,joined herein by the County Election Officer, Roxanne Acosta-Hellberg, County Clerk, and Beaumont Independent School District(BISD),CITY OF BEAUMONT AND PORT OF BEAUMONT hereinafter referred to as"Political Subdivision(s)." WHEREAS,Political Subdivisions are required to conduct an election on May 6,2023; THIS ELECTION SERVICES CONTRACT is made this 714 day of Feb r u AMA ,2023 by and between the Political Subdivision of Beaumont Independent School Distrltht (BISD), City of Beaumont, and Port of Beaumont, hereinafter called "Political Subdivisions" and Jefferson County,Texas, by its County Judge and joined herein by its County Elections Officer, Roxanne Acosta-Hellberg,hereinafter called"Contracting Officer,"pursuant to Texas Election Code Section 31.092. The parties agree to enter into an Election Services Contract with each other in accordance with Chapter 271 of the Texas Election Code. This Contract is entered into in consideration of the mutual covenants and promises hereinafter set out: I. RECITALS. Contracting Officer is the County Clerk of Jefferson County,Texas, and is the County Officer in charge of election duties. Political Subdivision is a political entity situated wholly or partially within Jefferson County, Texas. Political Subdivision and Contracting Officer have determined that it is in the public interest of Jefferson County voters that the following Contract be made and entered into for the purpose of having Contracting Officer furnish to Political Subdivision certain election services and equipment needed by Political Subdivision in connection with the holding of the May 6, 2023 Election. Jefferson County's voting equipment is to be used in this Political Subdivision Election. 2. DUTIES AND SERVICES OF CONTRACTING OFFICER.Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: (a)Notify and coordinate presiding election judges,alternate judges,and all other election officials to administer this Election. This list will be approved by the Political Subdivisions or its representative. Jefferson County will make emergency appointments of election officials if necessary. Compensate all election workers for time worked at the hourly rate approved by EXHIBIT"A" Commissioners Court. (b)Arrange for poll worker training through a third party or conduct necessary training. Notify all Early Voting and Election Day officials of the date, time and place thereof. (c)Arrange for the use of early voting locations and Election Day polling locations. If emergency replacement polling locations are needed, Contracting Officer shall make necessary alternate arrangements to locate another public place(or if unavailable,a private building),and shall notify Political Subdivision as soon as possible. (d) Procure election kits and supplies and distribute to the precinct judges and early voting deputies. Obtain from the Tax-Assessor/Voter Registrar lists of registered voters to be used in conducting the election in conformity with the boundaries of Political Subdivision and the election precincts established for the election, The Election Day list of registered voters shall be arranged in alphabetical order. (e) Prepare and test all electronic voting equipment, format ballot styles, secure audio,oversee all equipment and voter registration database programming,assure compliance with equipment security requirements. Arrange for transport of equipment to and from polling locations. (f)Serve as Early Voting Clerk for this Joint Election and process,print,mail,and tabulate ballots for any eligible voter, who applies for a ballot by mail including all eligible FPCA applicants. Supervise the conduct of early voting in person and appoint sufficient personnel to serve as deputy early voting clerks. Provide lists of early voters as provided by law if requested by Political Subdivision, (g)Publish legal notice of the date,time and place of the public logic and accuracy test.Prepare test materials and conduct internal election testing, public logic and accuracy test, and tests of tabulation equipment. (h)Arrange for the early ballot board,signature verification committee,tabulation personnel,and all equipment and supplies needed at central counting station. Tabulate early voting, election night, paper mail ballots and provisional ballots. Tabulate unofficial returns and assist in preparing the tabulation for the official canvass. Provide Political Subdivision its voter history report following the election if requested. (i) Serve as Custodian of Records for election records in Contracting Officer's custody and provide for the retention of said election records as provided by law, (j)Provide information services for voters and election officers. (k) Maintain accurate records of all expenses incurred in connection with the responsibilities under this Contract and provide Political Subdivision a final invoice after the conduct of the election. Provide any detailed backup to such invoice, if requested, reflecting the charges or components of the costs set forth on the invoice submitted to Political Subdivision. 2 (I)The Contracting Office is responsible for collecting the compensations sheets for the election judges, clerks, and early voting ballot board. The Contracting Officer will also pay the aforementioned for their services and time in accordance with their rate of pay policy. (m) Contracting Office►shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code,unless waived by the Secretary of State. A written report shall be submitted to the Secretary of State as required by Section 127.201([?)of the aforementioned Election Code. If requested,Contracting Officer shall provide a written report to Political Subdivision in a timely manner. (n)The Contracting Officer shall place the funds paid by Political Subdivision hereunder in a "contract fund"as prescribed by Section 31.100 of the Texas Election Code. 3. DUTIES AND SERVICES OF POLITICAL SUBDIVISION. Each Political Subdivision shall be responsible for performing the following duties: (a)Prepare all election orders,resolutions,notices, and other pertinent documents for adoption and execution by the appropriate Political Subdivision officer or body.Take all actions necessary for calling the Political Subdivision Election which are required by the Texas Election Code and/or the Political Subdivision's governing body,charter,ordinances,or other applicable laws. Execute an Election Services Contract with Jefferson County Clerk for the pu►pose of election administration. Serve as Custodian of Records for all election records in its possession as provided by law. (b)Political Subdivision shall be responsible for the legal sufficiency of any order calling their election. Political Subdivision shall be responsible for all substantive and procedural legal issues governing the conduct of their election. Political Subdivision understands and agrees that Contracting Officer provides no legal advice to Political Subdivision. (c)Adopt the county voting precincts for this election. Political Subdivision shall adopt the early voting locations used by the county located in the Political Subdivision's jurisdictional boundaries with the stipulation to add additional locations and adopt all early voting dates,and hours recommended by the Contracting Officer in accordance with the Texas Election Code. Political Subdivision shall adopt the Election Day Vote Center polling locations for each county voting precinct that is within its jurisdictional boundaries. Political Subdivision shall confirm the accuracy of its jurisdictional boundaries and precincts. (d)Prepare,post and publish all required election notices for Political Subdivision except for the Public Test Notice that Contracting Officer shall publish, In addition, if the elections polling locations are different than Political Subdivisions' previous election,Political Subdivision shall post notice at the entrance to any previous pol ling places in its jurisdiction slating that the location has changed and provide the polling location and address for those voters for this election, pursuant to Texas Election Code Section 43.062, unless County has posted the notice of the change for their election. Educate the votes in Political Subdivision on early voting times and places and Election Day polling locations. 3 (c)Political Subdivision shall confirm with Tax-Assessor/Voter Registrar its boundaries,county voting precincts and street details within those boundaries. Political Subdivisions will validate all boundaries arc defined properly within Jefferson County voter registration database, maps and street lists with block ranges and odd/even/both indicators before the coding and programming of the ballot begins. If changes are necessary after programming has begun, the Political Subdivision responsible will incur the cost of re-programming for all entities involved. Political Subdivision must proof and approve all programming work done for the jurisdiction according to the Election Day Calendar published by the Secretary of State of Texas for the May 6,2023 Election,known as the SOS Election Day Calendar for May 6,2023.. (f) Deliver to Contracting Officer, according to the above mentioned Election Day Calendar, ballot language with Spanish translations,candidate names or measures,the order in which they are to be printed on the ballot with the exact form and spelling. Provide pronunciation for difficult names or words to use on the audio recording. Timely review and sign off on ballot proofs. (g)Any requests for early voting ballots to be voted by mail received by Political subdivisions must be hand delivered or faxed to Contracting Officer on the day of receipt. If the application is faxed,the original application must be mailed to Contracting Officer. Contracting Officer will process applications,mail appropriate ballots,and tabulate. (h) If requested, assist Contracting Officer in recruiting bilingual poll workers. Provide documentation on Political Subdivision's efforts to recruit bilingual poll workers if requested by the U.S.Department ofJustice. (i)Pay prorated additional costs incurred by Contracting Officer if a recount for said election is required, the election is contested in any manner,or a runoff is required. (j) Canvass the returns and declare the election results for Political subdivisions. Political Subdivisions are responsible for filing any precinct reports required by the Secretary of State. (k)The deposit will be waived for this Election Contract for all Political Subdivisions. All costs will be assessed and a detailed billed will be rendered within a reasonable time after the canvassing of the election or the receipt of all invoices needed to validate the billing. Any discrepancies in billing should be addressed immediately. (I)Political Subdivisions agree to enter into an Election Services Contract with any other political subdivision in Jefferson County which enters into an Election Services Contract with Contracting Officer and which holds an election on May 6,2023. 4. COST OF SERVICES.Each Political subdivisions shall share any and all expenses for the above services, supplies and equipment. Additional elections may lower costs for each entity, and election cancellations may raise costs for each entity. It is understood that other political entities may wish to participate in the use of the County's electronic voting equipment and polling locations, and it is agreed that Contracting Officer may enter into other contracts with entities for those purposes on terms and conditions 4 generally similar to those set forth in this Contract, Only the actual expenses directly attributable to this Contract and any prorated shared expenses may be charged to Political subdivisions,plus a 10%administrative fee. (a.)Costs for early voting, election day, equipment delivery, supplies, mail ballots, payroll, equipment leasing, programming, and other costs will be shared proportionally between the political subdivisions entering into this Election Services Contract with the County. S. GENERAL CONDITIONS. (a)The parties agree that the timing is critical on all duties in this Contract. Lack of adherence to any deadline in the Election Day Calendar without prior agreement of Contracting Officer may result in cancellation of Contracting Officer's duties and obligations to conduct Political Subdivision's election under this Contract or, at the discretion of Contracting Officer, a late penalty surcharge in an amount not to exceed 10%of the final election cost. Adherence to the Secretary of State of Texas' Election Day Calendar is critical because of Jefferson County's obligation to complete all programming and testing and to process,print and mail military and overseas ballots by state/federal deadlines and our duty to conduct federal,state,county elections and/or other contracted elections. (b) in accordance with Section 31.098 of the Texas Election Code, Contracting Officer is authorized to contract with third persons for election services and supplies and is authorized to hire necessary temporary personnel to perform contracted duties. Part-time personnel will be compensated at the hourly rate set by Jefferson County. (c)Political Subdivision acknowledges that electronic voting equipment is highly technical and it is conceivable that,despite the best effort of the parties and technical assistance,it might fail during the election.Contracting Officer will do whatever is possible to remedy the situation,but Political Subdivision agrees that should such equipment fail, it will not make any claim for damages of any kind. (d)Any qualified voter in the Election may vote early by personal appearance at any of the early voting locations or at any Vote Center/Polling Location on Election Day. (e)Jefferson County Elections Department may contract with numerous political entities for the Election,and the parties agree that all ballot styles will be programmed into one voting system. Each voter will receive one ballot which contains all races and issues in the Election for which the voter is eligible at the address and in the precinct in which the voter Is currently registered. One voter sign in process consisting of a common list of registered voters and common signature rosters shall be used in precincts in which the county polling locations are used, (f)The Contracting Officer shall file copies of this Contract with the Auditor and Treasurer of Ih Jefferson County not later than the 10 day from receipt of the fully executed Contract by Contracting Officer. (g) Jefferson County is self-insured for personal liability issues. Should Political Subdivision 5 desire insurance for injuries during this election or other liabilities, entity shall make such arrangements separate from this Contract. (lt)In the event that the performance by Contracting Officer of any of its obligations hereunder shall be interrupted or delayed by any occurrence not occasioned by its own conduct, whether such occurrence be an act of God or the result of war,riot,civil commotion,sovereign conduct, or the act or condition of any persons not a party thereof, then it shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof. (i)The parties to this Contract agree that a Political Subdivision may cancel this Contract in the event that it has no need to conduct an election by 60'1' day before Election Day. If Political Subdivision's election is cancelled after deadline, a $300 Contract preparation and processing fee will be due in addition to any costs incurred by Contracting Officer on behalf of Political Subdivision prior to said cancellation. (j)The Political Subdivision has the option of extending the terms of this Contract through its runoff election,if applicable.Political Subdivision may reduce the number of the adopted early voting locations and/or Election Day voting locations in which precincts are not involved in a runoff election. In the event of a runoff,which Political Subdivision wants Contracting Officer to conduct, Political Subdivision agrees to attempt to coordinate the date with other entities participating in this Joint Election. If Political Subdivision elects to have Contracting Officer conduct a runoff election, the cost will be determined by the number of entities participating and the actual costs plus administrative fees. Political Subdivision will be responsible for all orders, notices,and publications required for their ninoff except the publication of the public logic and accuracy test which Contracting Officer will publish. 6. DISPUTE RESOLUTION PROCEDURE The parties agree to use dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve all disputes arising under this Contract. Either party must give written notice to the other party of a claim for breach of this Contract not later than the I80r1' day after the date of the event,giving rise to the claim. By their execution of their Contract,the parties acknowledge and knowingly and voluntarily agree that neither the execution of this Contract; nor the conduct, act or inaction by any person in the execution, administration, or performance of this Contract constitutes or is intended to constitute a waiver of the party's immunity front suit with respect to claims of third parties. 7,ENTIRE CONTRACT/AMENDMENT This Contract constitutes the entire Contract between Beaumont Independent School District (BISD),City of Beaumont,Port of Beaumont and Contracting Officer. This Contract may be amended only in writing and signed by the parties. 8.NOTICES Except as otherwise provided in this section,all notices,consents,approvals,demands,request, or other communications provided for or permitted to be given under any of the provisions of this Contract shall be in writing and shall be deemed to have duly given or served when delivered 6 by hand delivery or when deposited in the U.S.mail by registered or certified mail,return receipt requested, postage prepaid, and addressed as set forth below or to such other person or address as may be given in writing by either party to the other in accordance with this section: BISD: Dr.Shannon Allen Superintendent Beaumont Independent School District 3395 Harrison Beaumont,Texas 77706 CITY OF BEAUMONT: Kenneth R.Williams City Manager City of Beaumont,Texas 801 Main Street Beaumont,Texas 77701 PORT OF BEAUMONT: Mr.Pat Anderson President Port of Beaumont • 1225 Main Street Beaumont,Texas 77701 JEFFERSON COUNTY: Roxanne Acosta-Hellberg Jefferson County Clerk P.O.Box 1151 Beaumont,TX 77704 IN WITNESS WHEREOF, each of the parties agrees to the terms of this Contract and has caused this Contract to be executed on the day of ,2023. BISD: By: Attest: Name: C: IN WITNESS WHEREOF,each of the parties agrees to the terms of this Contract and has caused this Contract to be executed on the 1k day of Feb rjh.L{ ,20 Q3 . CITY OF BEAUMONT: By: 6/ttJ`de. Attest 7 Name: IN WITNESS WHEREOF,each of the parties agrees to the terms of this Contract and has caused this Contract to be executed on the day of ,20 . PORT OF BEAUMONT: By: Attest: Name: IN WITNESS WHEREOF,each of the parties agrees to the terms of this Contract and has caused this Contract to be executed on the 2 ► day of— 'f,Li ,20 0)3 . Jefferson County,Texas y: 46_,,,„,„„ e: oxanne Acosta-Hellberg Title: Jefferson County Clerk 8 CONTRACT COSTS Voting Equipment Judge's Booth Controller $330.00 eSlate $330,00 Disable Access Unit(DAU) $396.00 Privacy Booth $20.00 Ballot Box $5.00 Communication Devices SEA Tablet+WIFI $125,00 Cell Phone $35,00 Mandatory Signs Large A-Frame (ID Required ) $15.00 Large A-Frame (Notices) $15,00 PROGRAMMING COUNTY COST 1-5 RACES $1,125.00 6-10 RACES $1,898,00 11-20 RACES $2,475.00 21-40 RACES $3,135.00 41-75 RACES $3,960.00 76-100 RACES $4,704.0D BALLOT PRINTING COUNTY COST 8.5 X 11 $0.25 8.5 X 14 $0,27 8,5 X 17 $0.30 Sample Ballots $0.06 SUPPLIES ELECTION KITS/w Seals EV&ED $45,00 Mall Ballots (Per Set) $2,30 Supply Bag Consumables(per location) $25.00 9 EARLY VOTING April 24, 2023—May 2, 2023 May Joint Election—Citywide Polling-.All precincts may vote at any Vote Center. (Election uniforme de mayo—Lugares de votacion en todo la culdad—Todos los precintos pueden votar en cualquler centro de votacion) Election pay Polling Places Address City,State,zip Code Locafiraclones Dlrecclon Culdad,Estado,Codigo postal Rogers Park Community Center 6540 Gladys Ave Beaumont,TX 77706 Jefferson County Courthouse(Lobby)Main Location 1085 Pearl St Beaumont,TX 77701 John Paul Davis Community Center 3580 E.Lucas Dr Beaumont,TX 77703 Theodore Johns Library(Meeting Room) 4255 Fannett Rd Beaumont,TX 77705 DATES AND HOURS FOR ALL ABOVE LOCATIONS: (Fechas y Horns para todas las localizaciones antcriores): April 24--28,2023 Monday-Friday 8:00 a.m.-5:00 p.m. (Abril 24—28,2023) (Lanes-Viernes) April 29,2023 Saturday 8:00 a.m. -5:00 p.m. (Abril 29,2023) (S&bado) April 30,2023 Sunday 12:00 p.m.—5:00 p.m. (Abril 30,2023) (Domingo) May 1 —2,2023 Monday—Tuesday 7:00 n.m.—7:00 p.m. (Mayo I —2,2023) (Cones—Manes) ELECTION DAY May 6, 2023 May Joint Election—Citywide Polling All precincts may vote at any Vote Center, (Election uniforme de mayo—Lugares de votaclon en todo la culdad--Todos los preclatos pueden voter en cualquier centro de votacion.) Elettlon Day Polling Places Address City,State,Zip Code Localizaciones Wrecclon Culdad,Estado,Cadlgo postal Amelia Elementary School(Gymnasium) 565 S.Major Dr Beaumont,TX 77707 BISD Adminisration Building(Boardroom) 3395 Harrison Ave Beaumont,TX 77706 Dishman Elementary(Gymnasium) 3475 Champions Dr Beaumont,TX 77707 BISD Career Center(First Floor Old Library) 2330 North St. Beaumont,TX 77702 Rogers Park Community Center 6540 Gladys Ave Beaumont,TX 77706 Roy Guess Elementary(Hallway near Gymnasium) 8055 Voth Rd. Beaumont,TX 77708 Alice Keith Park Recreation Center 4075 Highland Ave Beaumont,TX 77705 Chariton-Pollard Elementary(Gymnasium) 825 Jackson St Beaumont,TX 77701 Lamar University Montagne Center(Cardinal Club Room) 4401 S.MLK Pkwy Beaumont,TX 77705 Jefferson County Courthouse(Lobby)Main Polling Location 1085 Pearl St Beaumont,TX 77701 MLK Middle School(Gymnasium) 1400 Avenue A Beaumont,TX 77701 John Paul Davis Community Center 3580 E.Lucas Dr Beaumont,TX 77703 Sterling Pruitt Center(Multi-purpose Room) 2930 Gulf St Beaumont,TX 77703 Theodore Johns Library(Meeting Room) 4255 Fannett Rd Beaumont,TX 77705 • I., 4I i Si) * , • r a' ti FIRST AMENDMENT TO ELECTION SERVICES CONTRACT BEAUMONT INDEPENDENT SCHOOL DISTRICT(BISD) CITY OF BEAUMONT PORT OF BEAUMONT This First Amendment to the Contract made and entered into,by and between Jefferson County, • hereinafter referred to as "County", acting herein by and through its County Judge and Commissioner's Court, joined herein by the County Election Officer, Roxanne Acosta- Hellberg, County Clerk, and Beaumont Independent School District (BISD), CITY OF BEAUMONT AND PORT OF BEAUMONT hereinafter referred to as"Political Subdivision(s) • on February 7,2023." WHEREAS,the Parties desire to amend the February 7,2023 as follows; This FIRST AMENDMENT TO THE FEBRUARY 7, 2023, ELECTION SERVICES CONTRACT is entered into this 2l'''iday of , 2023. The Parties hereby substitute Exhibit "A" attached hereto and titled "CONTRACT COSTS," for Page 9, titled "CONTRACT COSTS,"of the February 7,2023,ELECTION SERVICES CONTRACT between the parties. All other terms and conditions of the February 7, 2023, ELECTION SERVICES CONTRACT remain unchanged. IN WITNESS WHEREOF, each of the parties agrees to the terms of this First Amendment to the Election Services Contract dated February 7, 2023, and has caused this Amendment to be executed on the day of ,2023. BISD: By: Attest: Name: IN WITNESS WHEREOF,each of the parties agrees to the terms of this First Amendment to the Election Services Contract dated February 7, 2023, and has caused this Amendment to be executed on the day of ,2023. City of Beaumont: By: Attest: Name: 1 • IN WITNESS WHEREOF, each of the parties agrees to the terms of this First Amendment to the Election Services Contract dated February 7, 2023, and has caused this Amendment to be executed on the day of ,2023. PORT OF BEAUMONT: • By: Attest: Name: IN WITNESS WHEREOF, each of the parties agrees to the terms of this First Amendment to the Election Services Contract dated February 7, 2023, and has caused this Amendment to be executed on the 2 I day of ►Y 4...h ,2023. Jeffers° ounty,Texas:• Name: oxanne Acosta-Hellberg Title: Jefferson County Clerk • CONTRACT COSTS Voting Equipment • DS200 Poll Place Scanner $359.00 ExpressVote $171.00 ExpressVote Quad Cart $210.00 ExpressVote Curbside Cart . $44.00 DS200 Express Cart $102.00 Privacy Booth $20.00 Ballot Box $5.00 Communication ES&S Pollbook+Printer+Wifi $111.00 Cell Phone $35.00 Mandatory Signs • Large A-Frame(ID Required) $15.00 Large A-Frame(Notices) $15.00 County Programming Cost 1-5 RACES $1,125.00 6--10 RACES $1,898,00 11-20 RACES $2,475,00 21-40 RACES $3,135,00 41-75 RACES $3,960.00 76-100 RACES $4,704,00 County Ballot Printing Cost 8,5 x 11 $0.25 8.5 x 14 $0.27 8.5 x 17 $0.30 • Sample Ballots $0.06 Supplies' ELECTION KITS/w Seals EV&ED $45.00 Mall Ballots(Per Set) $2,30 Supply Bag Consumables(per location) $25.00 EXHIBIT a A WORK SESSION * Review and discuss the adoption of local construction codes 12 April 4, 2023 Consider an ordinance adopting the 2021 International Building, Residential, Existing Building, Fire, Energy Conservation, Fuel Gas, Property Maintenance, Swimming Pool and Spa, and 2020 National Electrical Code and 2020 ICC 600 Standard for Residential Construction in High Wind Regions, with local exceptions BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider an ordinance adopting the 2021 International Building, Residential, Existing Building, Fire, Energy Conservation, Fuel Gas, Property Maintenance, Swimming Pool and Spa, and 2020 National Electrical Code and 2020 ICC 600 Standard for Residential Construction in High Wind Regions, with local exceptions. BACKGROUND In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings constructed and occupied in the city, from time to time,the city considers the adoption of new construction and maintenance codes. In addition, State mandates as well as periodic reviews from the Insurance Services Office (ISO) are factors in considering such code updates. The ISO is an advisory agency to the insurance industry,providing rankings, or ISO levels, of communities and their adherence to updated codes, enforcement and training. The City currently operates under the 2015 International Codes as well as the 2014 National Electrical Code. We now propose to adopt the following code revisions, endorsed by the International Code Council, with some local exceptions. 2021 International Building Code 2021 International Residential Code 2021 International Existing Building Code 2021 International Fire Code 2021 International Energy Conservation Code 2021 International Fuel Gas Code 2021 International Property Maintenance Code 2021 International Swimming Pool & Spa Code • 2020 National Electrical Code 2020 ICC-600 Standard for Residential Construction in High-Wind Regions These recommended adoptions and local exceptions are based on a review of the codes to ensure that they are compatible with local needs. In addition, staff met with representatives of the Homebuilders of Southeast Texas, the Associated General Contractors of Southeast Texas, local engineers, architects and contractors at a workshop conducted by the City of Beaumont staff for a workshop session in order to discuss significant changes and offer guidance on the implementation of the new codes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT ADOPTING THE 2021 INTERNATIONAL BUILDING, RESIDENTIAL, EXISTING BUILDING, FIRE, ENERGY CONVERSATION, FUEL GAS, PROPERTY MAINTENANCE, SWIMMING POOL, AND SPA, AND THE 2022 NATIONAL ELECTRICAL CODE AND THE 2020 ICC 600 STANDARD FOR RESIDENTIAL CONSTRUCTION IN HIGH WIND REGIONS, WITH LOCAL EXCEPTIONS. Division 6. Fuel Gas Code Sec. 24.02.251 Adoption The 2021 edition of the International Fuel Gas Code, including Appendix A, B, C, and E, is hereby adopted and declared operative as the Gas Code of the City, save and except those portions that are deleted, modified, or amended by this Code. A copy of such Code is on file in the office of the City Clerk. (Ordinance 87-5, Secs. 1, 2, adopted 2/10/87; Ordinance 96-59, Sec. 1, adopted 10/15/96; Ordinance 98-67, Sec. 3, adopted 11/3/98; Ordinance 03-080, Sec. 5, adopted 10/14/03; 1978 Code, Sec. 6-130; Ordinance 10-057, Sec. 15, adopted 8/3/10; Ordinance 17-008, Sec. 11, adopted 2/7/17) Sec. 24.02.252 Amendments Section 106.6.2 of the International Fuel Gas Code is hereby amended to read as follows: Section 106.6.2 Fee schedule. See Section 24.01.002, adoption of fee schedule, of the Code of Ordinances of the City of Beaumont. Section 109.1 of the International Fuel Gas Code is hereby amended to read as follows: Section 109.1 Application for appeal. A person shall have the right to appeal a decision of the Code Official to the Building Board of Appeals. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the Code Official within twenty (20) days after the notice was served. Section 411.1 (3) of the International Fuel Gas Code is hereby amended to read as follows: Section 411.1 (3). Semirigid metallic tubing and metallic fittings. Lengths shall not exceed six (6) feet and shall be located entirely in the same room as the appliance. Rigid pipe shall extend to outside of appliance, where semirigid metallic tubing can be connected. Sections 109.2 through 109.2.6 of the International Fuel Gas Code are repealed. Section 623.2 of the International Fuel Gas Code is repealed. (Ordinance 03-080, Sec. 6, adopted 10/14/03; 1978 Code, Sec. 6-131; Ordinance 10- 057, Sec. 16, adopted 8/3/10; Ordinance 17-008, Sec. 12, adopted 2/7/17) Secs. 24.02.253-24.02.300 Reserved That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. 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 4th day of April, 2023. - Mayor Robin Mouton - 13 April 4, 2023 Consider an ordinance adopting the 2021 International Plumbing Code BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider an ordinance adopting the 2021 International Plumbing Code. BACKGROUND In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings constructed and occupied in the city, from time to time,the city considers the adoption of new construction and maintenance codes. The City currently operates under the National Electric Code (NEC), as well as the International Code Council's Building, Residential, Existing Building, Energy Conservation, Fuel Gas, Plumbing, Mechanical, and Property Maintenance Codes. Proposed is the adoption of the 2021 International Plumbing Code. This proposed adoption and local exceptions are based on a review of the code to ensure that it is compatible with local needs. In addition, staff met with representatives of the Homebuilders of Southeast Texas,the Associated General Contractors of Southeast Texas, local engineers, architects and contractors at a workshop conducted by the City of Beaumont staff for a workshop session in order to discuss significant changes and offer guidance on the implementation of the new code. FUNDING SOURCE Not applicable. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT ADOPTING THE 2021 INTERNATIONAL PLUMBING CODE. Division 4. Plumbing Code Sec. 24.02.151 Adoption The 2021 edition of the International Plumbing Code (UPC), including Appendix C, E, and F, is hereby adopted and declared operative as the Plumbing Code of the City, save and except those portions that are deleted, modified, or amended by this Code. A copy of such Code is on file in the office of the City Clerk. (Ordinance 03-080, Sec. 8, adopted 10/14/03; 1978 Code, Sec. 6-140; Ordinance 10-057, Sec. 17, adopted 8/3/10; Ordinance 17-008, Sec. 7, adopted 2/7/17 Sec. 24.02.152 Definitions As used in this code the following definitions shall apply: Approved or approval. Approved by the Plumbing Inspector. National, State, and City standards shall be the basis of such approval. Journeyman Plumber. Any person who is employed by a person (who is by training, experience, and education competent to lay out, design and install a plumbing system to conform to the UPC) to do plumbing work for wages and who does not furnish any materials or supplies in the performance of his work and holds a Journeyman Plumbing License. Maintenance and repair. The act of keeping in a state of safe operating condition any conductor or piece of equipment used inside or outside attached or connected to any building plumbing system, by replacement of units or elements thereof, but shall not include extensions of or additions to an existing system. Maintenance Plumber. A person is not required to be licensed under Chapter 1, section 1301.053, of the state plumbing license law. Master Plumber. Any person who is, by training, experience, and education, competent to lay out, design, and install a system of plumbing and holds a Master Plumbing License. Plumbing construction. All work and material used in installing, maintaining, or extending of a plumbing system and all appurtenances, apparatus, and equipment used in connection therewith, inside of or attached to any building or structure, lot, or premises. Plumbing contractor. Any person or firm engaged in the business of providing and selling plumbing services shall have a permanently established place of business with a published telephone number. He shall hold a Master Plumbing Contractors' Certificate or shall employ an individual who does and carry him on their active payroll. A Master Plumber may not qualify more than one plumbing contractor. He shall be available to the inspection authority to answer any questions relating to plumbing work coming under the jurisdiction of the Plumbing Inspector's authority. (Ordinance 10-057, Sec. 18, adopted 8/3/10) Sec. 24.02.153 Amendments Section 106.6.2 of the International Plumbing Code is amended to read as follows: Section 106.6.2 Fee Schedule. See Section 24.01.002, adoption of fee schedule, of the Code of Ordinances of the City of Beaumont. Section 109.1 of the International Plumbing Code is hereby amended to read as follows: Section 109.1 Application for appeal. A person shall have the right to appeal a decision of the Code Official to the Building Board of Appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within twenty (20) days after the notice was served. Section 403.2, Exception 6 of the International Plumbing Code is hereby repealed. Section 605.8 of the International Plumbing Code is hereby amended to read as follows: Section 605.8 Manufactured Pipe Nipples. In consideration of the moist air conditions of the Beaumont climate, nipples shall be brass for any permanent water system. Section 702.2 of the International Plumbing Code is hereby amended to read as follows: Section 702.1, 702.2, 702.3 Building sanitary drainage and vent pipe. All sanitary drainage and vent piping for building drain or building-sewer to be schedule 40 PVC or better, or copper tube. Building sanitary drainage and vent pipe shall conform to one of the standards listed in Table 702.2. Section 708.1.1 of the International Plumbing Code is hereby amended to read as follows: Section 708.1.1 Horizontal drains and building drains. Horizontal drainage pipes in buildings shall have cleanouts located at intervals of not more than 80 feet. Building drains shall have cleanouts located at intervals of not more than 80 feet except where manholes are used instead of cleanouts, the manholes shall be located at intervals of not more than 400 feet. Section 912.1 of the International Plumbing Code is hereby amended to read as follows: Section 912.1. Horizontal Wet Venting Permitted excluding the first story. Section 918.3 of the International Plumbing Code is hereby amended to read as follows: Section 918.3. Where permitted. Individual vents, branch vents, circuit vents and stack vents shall be permitted to terminate with a connection to an air admittance valve. Individual and branch-type air admittance valves shall vent only kitchen & bar-type sinks that are on the same floor level and connect to a horizontal branch drain. Where the air admittance valve terminates a branch greater than ten (10) inches it shall be provided a relief vent in the nearest wall. A relief vent shall be defined as a combination supplying both a vent and the remaining branch to the air admittance valve. Section 918.3.1 of the International Plumbing Code are hereby repealed. (Ordinance 03-080, Sec. 8, adopted 10/14/03; 1978 Code, Sec. 6-142; Ordinance 10- 057, Sec. 19, adopted 8/3/10; Ordinance 17-008, Sec. 8, adopted 2/7/17) Sec. 24.02.154 Supervision of work In the actual work of installing, maintaining, altering, or repairing of any plumbing system or equipment for which a permit is required by this Code, there shall be present and in direct supervision a qualified plumber of the proper classification. It shall be required that a Master or Journeyman, as the case may be, be liable and responsible for the layout and technical supervision of any work which has required the securing of permits and a Journeyman Plumber shall not supervise at the job site more than three (3) unclassified workers. Should it come to the notice of the Chief Plumbing Inspector or his assistants that such supervision and control are not being maintained, the inspector may order the work to be discontinued and the person to whom the permit has been issued shall discontinue further work until proper supervision has been employed or supplied. (Ordinance 10-057, Sec. 20, adopted 8/3/10) Secs. 24.02.155-24.02.200 Reserved That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. 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 4th day of April, 2023. - Mayor Robin Mouton - 14 April 4, 2023 Consider an ordinance adopting the 2021 Uniform Plumbing Code BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider an ordinance adopting the 2021 Uniform Plumbing Code. BACKGROUND In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings constructed and occupied in the city, from time to time, the city considers the adoption of new construction and maintenance codes. The City currently operates under the National Electric Code (NEC), as well as the International Code Council's Building, Residential, Existing Building, Energy Conservation, Fuel Gas, Plumbing, Mechanical, and Property Maintenance Codes. Proposed is the adoption of the Uniform Plumbing Code. Please note that amendments to the adoption of the 2021 Uniform Plumbing Code may be required in order to ensure compliance with certain state requirements and for the correct correlation with all of the other adopted I- Codes. This proposed adoption and local exceptions are based on a review of the code to ensure that it is compatible with local needs. In addition, staff met with representatives of the Homebuilders of Southeast Texas, the Associated General Contractors of Southeast Texas, local engineers, architects and contractors at a workshop conducted by the City of Beaumont staff for a workshop session in order to discuss significant changes and offer guidance on the implementation of the new codes. FUNDING SOURCE Not applicable. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT ADOPTING THE 2021 UNIFORM PLUMBING CODE. Division 4. Plumbing Code Sec. 24.02.151 Adoption The 2021 edition of the Uniform Plumbing Code (UPC), excluding appendices, is hereby adopted and declared operative as the Plumbing Code of the City, save and except those portions that are deleted, modified, or amended by this Code. A copy of such Code is on file in the office of the City Clerk. (Ordinance 03-080, sec. 8, adopted 10/14/03; 1978 Code, sec. 6-140; Ordinance 10-057, sec. 17, adopted 8/3/10; Ordinance 17-008, sec. 7, adopted 2/7/17) Sec. 24.02.152 Definitions As used in this Code the following definitions shall apply: Approved or approval. Approved by the Plumbing Inspector. National, State, and City standards shall be the basis of such approval. Journeyman Plumber. Any person who is employed by a person (who is by training, experience, and education competent to lay out, design and install a plumbing system to conform to the UPC) to do plumbing work for wages and who does not furnish any materials or supplies in the performance of his work and holds a Journeyman Plumbing License. Maintenance and repair. The act of keeping in a state of safe operating condition any conductor or piece of equipment used inside or outside attached or connected to any building plumbing system, by replacement of units or elements thereof, but shall not include extensions of or additions to an existing system. Maintenance Plumber. A person is not required to be licensed under Chapter 1, Section 1301.053, of the State Plumbing License Law. Master Plumber. Any person who is, by training, experience, and education, competent to lay out, design, and install a system of plumbing and holds a Master Plumbing License. Plumbing construction. All work and material used in installing, maintaining, or extending of a plumbing system and all appurtenances, apparatus, and equipment used in connection therewith, inside of or attached to any building or structure, lot, or premises. Plumbing contractor. Any person or firm engaged in the business of providing and selling plumbing services shall have a permanently established place of business with a published telephone number. He shall hold a Master Plumbing Contractors' Certificate or shall employ an individual who does and carry him on their active payroll. A Master Plumber may not qualify more than one plumbing contractor. He shall be available to the inspection authority to answer any questions relating to plumbing work coming under the jurisdiction of the Plumbing Inspector's authority. (Ordinance 10-057, sec. 18, adopted 8/3/10) Sec. 24.02.153 Amendments Section 101.2 of the Uniform Plumbing Code is hereby amended to read as follows: Section 101.2. The provisions of this Code shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of commercial plumbing systems within this jurisdiction. Section 102.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 102.1. Where the requirements within the jurisdiction of this Plumbing Code conflict with the requirements in the Building or Residential Code, the Building and Residential Code shall prevail. Section 102.1.1 of the Uniform Plumbing Code is hereby added to read as follows: Section 102.1.1. Where the requirements within this jurisdiction of the Building or Residential Code reference the International Plumbing Code, the International Code shall prevail. Section 104.5 of the Uniform Plumbing Code is amended to read as follows: Section 104.5 Fee schedule. See Section 24.01.002, adoption of fee schedule, of the Code of Ordinances of the City of Beaumont. Section 107.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 107.1 Application for appeal. A person shall have the right to appeal a decision of the Code Official to the Building Board of Appeals. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the Code Official within twenty (20) days after the notice was served. Section 402.5 of the Uniform Plumbing Code is hereby amended to read as follows: Section 402.5. Fixtures shall be set level and in proper alignment with reference to adjacent walls. No water closet or bidet shall be set closer than fifteen (15) inches from its center to a side wall or obstruction or closer than thirty (30) inches center to center to a similar fixture. The clear space in front of a water closet, lavatory, or bidet shall be not less than twenty-one (21) inches. No urinal shall be set closer than twelve (12) inches from its center to a side wall or partition or closer than twenty-four (24) inches center to center. Section 408.4 of the Uniform Plumbing Code is hereby amended to read as follows: Section 408.4. Showers shall have a waste outlet and fixture tailpiece not less than 1 1/2 inches in diameter. Fixture tailpieces shall be constructed from the materials specified in Section 701.2 for drainage piping. Strainers serving shower drains shall have a waterway at least equivalent to the area of the tailpiece. Section 408.6 of the Uniform Plumbing Code is hereby amended to read as follows: Section 408.6. Shower compartments shall be not less than nine-hundred (900) square inches in interior cross-sectional area. Section 422.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 422.1. Requirements for this Section can be found in the International Building Code, Table 403.1. Section 508.4.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 508.4.1. The distance from the passageway access to the appliance shall not exceed twenty (20) feet measured along the centerline of the passageway. Section 601.3.2 of the Uniform Plumbing Code is hereby amended to read as follows: Section 601.3.2. Pipe identification shall be repeated at intervals not exceeding twenty-five (25) feet. Section 603.4.3 of the Uniform Plumbing Code is hereby amended to read as follows: Section 603.4.3. Access shall be provided to backflow preventers as specified by the manufacturer's instructions. Section 701.2 of the Uniform Plumbing Code is hereby amended to read as follows: Section 701.2, Drainage Piping. All sanitary drainage and vent piping for building drain or building-sewer to be schedule 40 PVC or better, or copper tube. Section 707.4 of the Uniform Plumbing Code is hereby amended to read as follows: Section 707.4 Horizontal drains and building drains. Horizontal drainage pipes in buildings shall have cleanouts located at intervals of not more than eighty (80) feet. Building Drains shall have cleanouts located at intervals of not more than eighty (80) feet except where manholes are used instead of cleanouts, the manholes shall be located at intervals of not more than four-hundred (400) feet. Section 718.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 718.1. Building sewers shall run in practical alignment and at a uniform slope of not less than '/4 inch per foot toward the point of disposal, unless otherwise approved by the authority having jurisdiction. Section 908.2.6 of the Uniform Plumbing Code is hereby added to read as follows: Section 908.2.6. Horizontal Wet Venting Permitted excluding the first story. (Ordinance 03-080, sec. 8, adopted 10/14/03; 1978 Code, sec. 6-142; Ordinance 10-057, sec. 19, adopted 8/3/10; Ordinance 17-008, sec. 8, adopted 2/7/17) Sec. 24.02.1 54 Supervision of work In the actual work of installing, maintaining, altering, or repairing of any plumbing system or equipment for which a permit is required by this Code, there shall be present and in direct supervision a qualified plumber of the proper classification. It shall be required that a Master or Journeyman, as the case may be, be liable and responsible for the layout and technical supervision of any work which has required the securing of permits and a Journeyman Plumber shall not supervise at the job site more than three (3) unclassified workers. Should it come to the notice of the Chief Plumbing Inspector or his assistants that such supervision and control are not being maintained, the inspector may order the work to be discontinued and the person to whom the permit has been issued shall discontinue further work until proper supervision has been employed or supplied. (Ordinance 10-057, sec. 20, adopted 8/3/10) Secs. 24.02.155-24.02.200 Reserved That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. 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 4th day of April, 2023. - Mayor Robin Mouton - 15 April 4, 2023 Consider an ordinance adopting the 2021 International Mechanical Code BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider an ordinance adopting the 2021 International Mechanical Code. BACKGROUND In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings constructed and occupied in the city, from time to time,the city considers the adoption of new construction and maintenance codes. The City currently operates under the National Electric Code (NEC), as well as the International Code Council's Building, Residential, Existing Building, Energy Conservation, Fuel Gas, Plumbing, Mechanical, and Property Maintenance Codes. Proposed is the adoption of the 2021 International Mechanical Code. This proposed adoption and local exceptions are based on a review of the codes to ensure that they are compatible with local needs. In addition, staff met with representatives of the Homebuilders of Southeast Texas, the Associated General Contractors of Southeast Texas, local engineers, architects and contractors at a workshop conducted by the City of Beaumont staff for a workshop session in order to discuss significant changes and offer guidance on the implementation of the new codes. FUNDING SOURCE Not applicable. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT ADOPTING THE 2021 INTERNATIONAL MECHANICAL CODE. Division 5. Mechanical Code Sec. 24.02.201 Adoption There is hereby adopted by the City, for the purpose of establishing rules and regulations for air conditioning, heating and ventilating equipment, refrigeration, ducts and duct systems, piping, incinerators, and electrical requirements for same, that certain Code known as the International Mechanical Code, being particularly the 2021 edition, including Appendix A, of which one (1) copy has been and now is filed in the office of the City Clerk and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this division shall take effect, the provisions thereof shall be controlling in the construction of air conditioning, heating, and ventilating equipment, refrigeration equipment, ducts and duct systems, piping, incinerators, and the electrical requirements for same, save and except the portions of the International Mechanical Code which are hereby deleted, substituted, modified, or amended as set forth in this division. (Ordinance 78-52, Sec. 1, adopted 5/9/78; Ordinance 89-61, Sec. 1, adopted 8/22/89; Ordinance 96-60, Sec. 1, adopted 10/15/96; Ordinance 03-080, Sec. 9, adopted 10/14/03; 1978 Code, Sec. 6-170; Ordinance 10-057, Sec. 21, adopted 8/3/10; Ordinance 17-008, Sec. 9, adopted 2/7/17) Sec. 24.02.202 Amendments Section 106.5.2 of the International Mechanical Code is hereby amended to read as follows: Section 106.5.2 Fee schedule. See Section 24.01.002, adoption of fee schedule, of the Code of Ordinances of the City of Beaumont. Section 301.7 of the International Mechanical Code is amended to read as follows: Section 301.10 (301.7) Electrical. All electric connections between fuel-fired appliances, mechanical equipment, etc., and the building wiring shall conform to the National Fire Protection Association (N.F.P.A.-70) and the currently adopted National Electrical Code. Sections 301.10.1 and 301.10.2 are added to read as follows: Section 301.10.1 For new construction, a disconnecting means, one hundred fifteen-volt outlet shall be installed within sight and easy reach in the ungrounded leads of each power circuit to electrically operated components. The disconnecting means shall in no case be installed farther than six (6) feet from the service side of the equipment. Section 301.10.2 For existing construction, disconnecting means (shall be installed) within sight, not more than a fifty (50) foot distance from the equipment, and within easy reach to the ungrounded leads of each power circuit to electrically operated components. Section 306.3 of the International Mechanical Code is amended to read as follows: Section 306.3 Appliances in attics. Attics containing appliances shall be provided with an opening and unobstructed passageway large enough to allow removal of the largest appliance. The passageway shall not be less than thirty (30) inches or seven hundred sixty-two (762) millimeters high and twenty-two (22) inches or five hundred fifty- nine (559) millimeters wide and not more than twenty (20) feet or six thousand ninety-six (6096) millimeters in length measured along the centerline of the passageway from the opening to the appliance. The passageway shall have continuous solid flooring not less than twenty-four (24) inches or six hundred ten (610) millimeters wide. A level service space not less than thirty (30) inches or seven hundred sixty-two (762) millimeters deep and thirty (30) inches or seven hundred sixty-two (762) millimeters wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of twenty (20) inches by thirty (30) inches or five hundred eight (508) millimeters by seven hundred sixty-two (762) millimeters, and large enough to allow removal of the largest appliance. Exceptions: 1. The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. 2. Where the passageway is unobstructed and not less than six (6) feet (1829 mm) high and twenty-two (22) inches or five hundred fifty-nine (559) millimeters wide for its entire length, the passageway shall be not greater than fifty (50) feet or fifteen thousand two hundred- fifty (15250) millimeters in length. 3. In all Group R occupancies, a pull-down stairway shall be installed for appliance access. (Ordinance 78-52, Sec. 1, adopted 5/9/78; Ordinance 83-40, Sec. 4, adopted 4/19/83; Ordinance 90-16, Secs. 1, 2, adopted 3/13/90; Ordinance 92-80, Sec. 1, adopted 11/24/92; Ordinance 96-60, Sec. 2, adopted 10/15/96; Ordinance 99-46, Sec. 1, adopted 6/29/99; Ordinance 03-080, Sec. 9, adopted 10/14/03; 1978 Code, Sec. 6-171; Ordinance 10-057, Sec. 22, adopted 8/3/10; Ordinance 17-008, Sec. 10, adopted 2/7/17) Secs. 24.02.203-24.02.250 Reserved That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. 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 4th day of April, 2023. - Mayor Robin Mouton - 16 April 4, 2023 Consider an ordinance adopting the 2021 Uniform Mechanical Code BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 4, 2023 REQUESTED ACTION: Council consider an ordinance adopting the 2021 Uniform Mechanical Code. BACKGROUND In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings constructed and occupied in the city, from time to time,the city considers the adoption of new construction and maintenance codes. The City currently operates under the National Electric Code (NEC), as well as the International Code Council's Building, Residential, Existing Building, Energy Conservation, Fuel Gas, Plumbing, Mechanical, and Property Maintenance Codes. Proposed is the adoption of the Uniform Mechanical Code. Please note that amendments to the adoption of the 2021 Uniform Mechanical Code may be required in order to ensure compliance with certain state requirements and for the correct correlation with all of the other adopted I- Codes. This proposed adoption and local exceptions are based on a review of the code to ensure that it is compatible with local needs. In addition, staff met with representatives of the Homebuilders of Southeast Texas,the Associated General Contractors of Southeast Texas, local engineers, architects and contractors at a workshop conducted by the City of Beaumont staff for a workshop session in order to discuss significant changes and offer guidance on the implementation of the new codes. FUNDING SOURCE Not applicable. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT ADOPTING THE 2021 UNIFORM MECHANICAL CODE. Division 5. Mechanical Code Sec. 24.02.201 Adoption There is hereby adopted by the City, for the purpose of establishing rules and regulations for air conditioning, heating and ventilating equipment, refrigeration, ducts and duct systems, piping, incinerators, and electrical requirements for same, that certain Code known as the Uniform Mechanical Code, being particularly the 2021 edition, excluding appendices, of which one (1) copy has been and now is filed in the office of the City Clerk and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this division shall take effect, the provisions thereof shall be controlling in the construction of air conditioning, heating, and ventilating equipment, refrigeration equipment, ducts and duct systems, piping, incinerators, and the electrical requirements for same, save and except the portions of the Uniform Mechanical Code which are hereby deleted, substituted, modified, or amended as set forth in this division. (Ordinance 78-52, Sec. 1, adopted 5/9/78; Ordinance 89-61, Sec. 1, adopted 8/22/89; Ordinance 96-60, Sec. 1, adopted 10/15/96; Ordinance 03-080, Sec. 9, adopted 10/14/03; 1978 Code, Sec. 6-170; Ordinance 10-057, Sec. 21, adopted 8/3/10; Ordinance 17-008, Sec. 9, adopted 2/7/17) Sec. 24.02.202 Amendments Section 101.2 of the Uniform Mechanical Code is hereby amended to read as follows: Section 101.2. The provisions of this Code shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of commercial mechanical systems within this jurisdiction. Section 102.1 of the Uniform Mechanical Code is hereby amended to read as follows: Section 102.1. Where the requirements within the jurisdiction of this Mechanical Code conflict with the requirements in the Building or Residential Code, the Building and Residential Code shall prevail. Section 102.1.1 of the Uniform Mechanical Code is hereby added to read as follows: Section 102.1.1. Where the requirements within the jurisdiction of the Building or Residential Code reference the International Mechanical Code, the International Building or Residential Code shall prevail, then the Uniform Mechanical Code if needed. Section 104.5 of the Uniform Mechanical Code is hereby amended to read as follows: Section 104.5 Fee schedule. See Section 24.01.002, adoption of fee schedule, of the Code of Ordinances of the City of Beaumont. (Ordinance 78-52, Sec. 1, adopted 5/9/78; Ordinance 83-40, Sec. 4, adopted 4/19/83; Ordinance 90-16, Secs. 1, 2, adopted 3/13/90; Ordinance 92-80, Sec. 1, adopted 11/24/92; Ordinance 96-60, Sec. 2, adopted 10/15/96; Ordinance 99-46, Sec. 1, adopted 6/29/99; Ordinance 03-080, Sec. 9, adopted 10/14/03; 1978 Code, Sec. 6-171; Ordinance 10-057, Sec. 22, adopted 8/3/10; Ordinance 17-008, Sec. 10, adopted 2/7/17) Sections. 24.02.203-24.02.250 Reserved That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. 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 4th day of April, 2023. - Mayor Robin Mouton - PUBLIC HEARING • Conduct a Public Hearing to hear applicant requests for funding from the 2023 Community Development Block Grant Program BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 4, 2023 REQUESTED ACTION: Council conduct a Public Hearing to hear applicant requests for funding from the 2023 Community Development Block Grant Program. BACKGROUND Applicants for Public Services and Public Facilities and Improvements funding from the 2023 Community Development Block Grant Program will have the opportunity at this Public Hearing to present details of their applications and answer questions from the City Council. In addition, the public will have the opportunity to comment on the proposed 2023 Community Development Block Grant Program. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant and HOME Investment Partnership Grant funds. RECOMMENDATION Conduct the Public Hearing. CDBG 2023 Applicants for Public Services/Public Facilities Certification of compliance with National Objectives in accordance with subpart C of CFR part 570 projected use of funds meet one National Objective:1)benefits low to moderate income families,2)aids in prevention or elimination of slums or blighted conditions,and 3)meet other community development needs having a particular urgency. v— c :.i iri t' , -i � 1, , . : lamb 1 1.ANAYAT HOUSE, serve as Court Appointed shelter that houses women populations to attend 9.JONATHON INC. Special Advocates-for all and children who are medical appointments. WILLIAMS CENTER $4,800 abused and neglected survivors of domestic FOR THE Funding will be used to children of Jefferson abuse. 7. SPINDLETOP PERFORMING ARTS reimburse the costs of County. CENTER $20,000 utility expenses for a 5. GIRL'S HAVEN $6,280 Funding will be used to medical hospitality facility 3. CHILD ABUSE & $20,000 Funding for equipment for purchase production that provides low to no FORENSIC SERVICES Funding will be used for a new Sensory Room for equipment for summer cost overnight $20,000 construction of new living individuals with camp programs,which accommodations for Funding will be used to quarters with windows for intellectual and saves money expended to individuals and families reimburse a portion of the residents. This agency development disabilities. lease equipment. The who have loved ones in salary costs associated provides many services to camps provide culturally local hospitals or clinics. with the "On Call" girls who come from 8. COMMUNITIES IN centered events for low to The clients served are over services ($3.25/hr) and homes of abuse, neglect SCHOOLS * moderate income families. the age of 60, are on a examinations ($300.00 per and dysfunction. They-are $10,000 fixed income and live at or exam)provided to under the care of Child Funding will be used to 10. STABLE SPIRIT below poverty level with low/moderate income Protective Services. They implement Trust Based $9,300 an annual income of less victims of sexual assault are provided housing until Relational Intervention Funding will be used to than$24,999. that occur after hours and they can transition into (TBRI) for students, provide Hippotherapy for weekends. adulthood. grades k-12. Supplies will children with disabilities 2. CASA OF SETX be purchased for reset and farrier services for the $20,000 4. FAMILY SERVICES 6.RISE * stations that allow horses. Funding will be used OF SOUTHEAST $5,000 students to practice reimburse mileage costs of TEXAS Funding will be used to calming strategies and volunteers and advocates, $20,000 cover costs for further emotional costs of travel and training Funding will be used to transportation provider for regulation skills. materials for those who pay for utility costs at the underserved and disability CDBG 2023 Applicants for Public Services/Public Facilities Certification of compliance with National Objectives in accordance with subpart C of CFR part 570 projected use of funds meet one National Objective:1)benefits low to moderate income families,2)aids in prevention or elimination of slums or blighted conditions,and 3)meet other community development needs having a particular urgency. 10111111, ?Ai"71 6*-'' 10 ;,(' __; /421 t I rot* ti . te ..,2:16 11.TEXAS HEALTH 13. LEGACY food distribution and organization is a child care income men who are NETWORK* CDC/TENDER resource referrals. The facility for low to recovering from substance $20,000 LOVING CARE funding will also allow moderate income teen and/or alcohol addiction Funding for services to $20,000 enhancement of education parents so that they can and provides educational uninsured and Funding will be used to programs and computer remain in school. opportunities,job training underinsured patients, cover the costs of the literacy. and other services. education and support Home Buyers Education Clients served live in a 17. RECOVERY events and materials for Certification and Credit low-income area. COUNCIL OF SETX * mental, spiritual and Counseling courses. These $7200 physical health. Costs courses are required by 15. WISE AND Funding will be used for include: testing, screening, HUD for clients ROOTED * replacement purchase and prenatal and any other participating in the 1st $20,000 installation of an air medical services needed. Time Homebuyers Funding will be used to conditioner to service Program with the City of purchase furniture for new kitchen and dormitory 12. SHORKEY Beaumont. Funding will inpatient youth behavioral area of the facility. This CENTER also be used for costs health facility located in organization provides 24/7 $20,000 associated with program South end of Beaumont in residential addiction Funding will be used for marketing,printing, low-income area that treatment for clients with costs of flood and property advertising and insurance services low to moderate no funding and is located insurance, to clean and for the agency. income clients. in a low-income area. paint the front awning and perform building 14.SETX FAMILY 16. ONCE UPON A 18. The H.O.W. Center maintenance. This facility RESOURCE CENTER DREAM * $20,000 provides rehab and $20,000 $20,000 Funding will be used to education therapies to Funding will be used to Funding will be used to purchase and install children with autism offset costs for after pay organization's rent Generac generator and spectrum disorders and school and summer and provide bus vouchers concrete pad. This facility emotional disturbances. enrichment programs, for clients. The houses low to moderate