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HomeMy WebLinkAbout05/23/2023 PACKET BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS — CITY HALL — 801 MAIN STREET TUESDAY, MAY 23, 2023 3:00 PM AGENDA CALL TO ORDER • Invocation Pledge Roll Call • Proclamations, Presentations and Recognitions • Public Comment— Persons may speak on the Consent Agenda and Regular Agenda Items 7 — 11. • 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 May 16, 2023 City Council Meeting Minutes. B. Approval of the purchase of CrowdStrike Falcon Complete from CDW Government LLC of Vernon Hills, IL. C. Authorize 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 $174,270.00 awarded to the Beaumont Public Health Department. D. Approval of a contract for the purchase of uniforms and accessories for the Police Department. E. Approval of the appointment of members to the Charter Review Committee. F. Authorize the City Manager to award a contract to Allco, LLC, of Beaumont, for the 23rd Street Emergency Cavity Repair Project. G. Authorize the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Long Street Emergency Cavity Repair Project. H. Authorize the City Manager to award a contract to Vortex Companies, of Houston, for the Long Street Grouting Repairs Project. I. Authorize the City Manager to award a contract to Water Company of America of Houston, for the Review of Unbilled or Misbilled Utility Services Project. REGULAR AGENDA 1 . Consider a request for a Specific Use Permit to allow a stone cutting and fabrication business in the GC-MD (General Commercial-Multiple Family Dwelling) District located at 1981 Magnolia Avenue. 2. Consider a request for a Specific Use Permit to allow a drinking place in the GC- MD (General Commercial- Multiple Family Dwelling) District for property located at 2550 Interstate 10 East within the Town Center Shops Plaza. 3. Consider a request for a Specific Use Permit to allow a gaming site in the LI (Light Industrial) District for property located at 5305 Gorman Road. 4. Consider a request for a Specific Use Permit to allow a medical office in the RM- H (Residential Multiple Family-Highest Density) District for property located at 3590 Blackmon Lane #1. 5. Consider a request for a Specific Use Permit to allow a parking lot in the RM-H (Residential Multiple Family-Highest Density) District for property located at 3 Acadiana Court. 6. Consider a request to Rezone properties from GC-MD (General Commercial- Multiple Family Dwelling) District to RS (Residential Single-Family Dwelling) District for a 1.207 tract of land located at 11375 Old Voth Road. 7. Consider a request for an abandonment of the alleyway in Block 10 of the Van Wormer Addition located within the 700 Block of Archie Street. 8. Consider authorizing the Chief Magistrate the authority to dispose of unadjudicated Class C misdemeanor cases 15 years and older pursuant to Tex. Code Crim Proc. Art. 103.0081. 9. Consider approving the sale of City-owned property identified as PLAT K Tract 3 D Brown Addition 12' x 199', located on St. Anthony Street, Beaumont, Texas. 10.Consider authorizing the acceptance of a 100 square feet Exclusive Water Utility Easement. 11.Consider authorizing the execution of a License to Encroach Agreement with Margarita Batrez COMMENTS • Public Comment (Persons are limited to 3 minutes) • Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION • Consider matters related to the deliberation of economic development negotiations in accordance with Section 551.087 of the Government Code to wit specifically: - Projects Gemstone, Castle and Shield • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: - The claim of Joseph Gaines 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: May 23, 2023 REQUESTED ACTION: Council consider approval of the May 16, 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 May 16, 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 May 16, 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 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor John Adolph with Antioch Baptist Church 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, Samuel and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk ELECTION OF COUNCILMEMBERS • Consider approval of an ordinance canvassing the results of the May 6, 2023, City General Election — Ordinance 23-043 Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE CANVASSING THE RETURNS OF THE GENERAL ELECTION OF THE CITY OF BEAUMONT, HELD ON THE 6TH DAY OF MAY 2023, FOR THE PURPOSE OF ELECTING A MAYOR, TWO (2) COUNCILMEMBERS-AT-LARGE, FOUR (4) WARD COUNCILMEMBERS (WARDS I, II, III, IV); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED • Administration of the Oath of Office • Councilmembers/City Manager/City Attorney Comments • Recess - 2:09 p.m. Minutes—May 16,2023 RECONVENE MEETING — 2:25 p.m. • Roll Call Mayor West, Mayor Pro Tem Durio, Councilmembers Getz, Turner, Feldschau, Samuel and Neild • Presentations - Presentation on Legislative Update (Chris Giglio, Capital Edge) • Public Comment- Persons may speak on the Consent Agenda and Regular Agenda Items 1 & 2 • Consent Agenda Public Comment: Persons may speak on the Consent Agenda and Regular Agenda Items 1 & 2 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 May 9, 2023, City Council Meeting Minutes. B. Authorize the City Manager to enter into an agreement with Texas Legal Services Center to allow placement of court access kiosks in the City of Beaumont Public Libraries-Resolution 23-137 C. Approval of a resolution rejecting the bid received for the Wastewater Treatment Plant Roadway Rehabilitation Project- Resolution 23-138 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Consider authorizing the City Manager to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT). On November 24, 2020, by Resolution No. 20-263, the City Council authorized the City Manager to apply and enter into an Advance Funding Agreement (AFA) with TxDOT for the 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals project. The Advance Funding Agreement provides the general contract language for any project between the City and TxDOT that involves federal funding. The scope of work for this AFA is described as interconnecting signals along Dowlen Road, which is scheduled for letting in July 2025. Minutes—May 16,2023 Interconnecting signals is the process of upgrading/installing equipment and software that will allow adjacent signals along a roadway to communicate with each other and adapt the timing and phasing sequences in real time based on the current traffic patterns. The engineering estimate for the project is $480,706.00. The City's match will be $96,506.00, with Federal Funds paying $367,200.00 and the State paying $17,000.00. Funds will come from the Capital Program. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP) INTERCONNECT SIGNALS PROJECT. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-139 WORK SESSION • Review and discuss the proposed Fixed Route Realignment for The ZIP, formerly known as Transit Management of Beaumont. PUBLIC HEARING • Receive comments on amending The ZIP's fixed bus routes. Public Hearing Open: 3:23 p.m. Charlie Crabbe 928 East Dr. Beaumont TX Stated he would like to see some creativity to get more riders, asked if there could be a free week to ride the bus so that anyone could ride, also wanted to see if the bus could stop if a citizen waved them down or a citizen could go to the bus stop, there needs to be more riders on the bus Eric Petry 3705 E. Lucas Dr. Beaumont TX Stated that he submitted a petition on August 5, 2021, regarding the bus stop on Lucas and Pine Burr, prostitutes and the homeless are always hanging out at that bus stop as well as drugs being used, for two years nothing has been done, there's been a fire and three fights that have occurred at that bus stop within the last several weeks, registered voters that live near the bus stop signed the petition, asked if the city would look at moving the bus stop further back, something needs to be done, staff was supposed to move the benches, that never happened, there's elderly that live near that bus stop and they are afraid to come outside of their apartments, asking for some help Minutes—May 16,2023 Public Hearing Closed: 3:28 p.m. 2. Consider amending The ZIP's fixed bus routes. The Zip, formerly known as Transit Management of Beaumont, has proposed The Fixed Route Realignment project to better serve the citizens of Beaumont. The Zip currently serves ten (10) existing fixed bus routes with the intention of realigning five (5). The routes considered in this project are Parkdale, South 11th, Pine, South Park, and Laurel. The current riders will not experience a significant disruption or elimination of services with such modifications. Such realignment will enhance safety, improve accessibility, and provide more efficient routes to retain and to attract new riders. The Federal Transit Administration requires reasonable notice to patrons fourteen (14) days after approval of route realignments. The city provided additional notice of the realignment and public hearing at the beginning of May 2023 via fliers translated in English and Spanish. These fliers were posted on the transit website, on bus routes, bus shelters and the Dannenbaum Transfer Station. See exhibits for a visual reference of the aforementioned. Recommend conducting a public hearing and approve the resolution. Mayor Pro Tem DUrio moved to APPROVE A RESOLUTION THAT THE ZIP FORMERLY KNOWN AS TRANSIT MANAGEMENT OF BEAUMONT, HAS PROPOSED THE FIXED ROUTE REALIGNMENT PROJECT TO BETTER SERVE THE CITIZENS OF BEAUMONT, THE ROUTES CONSIDERED IN THE PROJECT ARE PARKDALE,SOUTH 11TN, PINE,SOUTH PARK,AND LAUREL. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-140 COMMENTS * Public Comments (Persons are limited to three minutes) Dylan Richardson 4575 N. Major Dr. Beaumont TX Congratulated Roy West on his win, implored each of Council to contact the President of Lamar University, Dr. Jamie Taylor, stated that Dr. Taylor will be petitioning each of Council publicly and hopefully in private on different matters, congratulated Councilmember Samuel on his re-election as well as the other Councilmembers that were re-elected, looks forward to working with them for the next two years Minutes—May 16,2023 Charlie Crabbe 928 East Dr. Beaumont TX Congratulated Roy West on being elected as well as all the other Councilmembers that were re-elected, stated to the new Mayor that he's inheriting a great staff from the City Manager to the Assistant City Managers, Police Chief and Fire Chief, Public Works Director, City Attorney, City Clerk and Chief Financial Officer * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - CONGRATULATED MAYOR WEST, LOOKS FORWARD TO WORKING WITH HIM, ANNOUNCED KELLY HIGH SCHOOL WON THE TAPS DIVISION II STATE BASEBALL CHAMPIONSHIP COUNCILMEMBER SAMUEL- CONGRATULATED MAYOR WEST ON HIS WIN COUNCILMEMBER FELDSCHAU - CONGRATULATED EVERYONE, STATED TO THE STAFF HE KNOWS THAT TRANSITIONING FROM ONE COUNCIL TO THE NEXT AND A NEW MAYOR IS A LOT OF WORK, THANKED THEM FOR ALL OF THEIR HARD WORK IN THE LAST FEW WEEKS TO MAKE THIS DAY HAPPEN COUNCILMEMBER TURNER- CONGRATULATED MAYOR WEST, WELCOMED HIM TO THE TEAM, IT'S OUR JOB TO MAKE THIS TEAM THE BEST TEAM IT CAN BE, LOOKING FORWARD TO GETTING WORK DONE, THANKED MR. PETRY AND MR. CRABBE THAT SPOKE DURING PUBLIC COMMENTS, THANKED EVERYONE THAT VOTED COUNCILMEMBER GETZ- CONGRATULATED MAYOR WEST, STATED THEY GO BACK A LONG WAY, STATED THAT WHEN HIS WIFE ALLISON RAN FOR TAX ASSESSOR COLLECTOR, MAYOR WEST SERVED AS HER CAMPAIGN TREASURER, SHE COULDN'T BE HERE TODAY BUT SENDS HER CONGRATULATIONS, LOOKING FORWARD TO WORKING WITH HIM AS WELL AS THE REST OF HIS COLLEAGUES ON COUNCIL, LET'S GET TO WORK MAYOR PRO TEM DURIO - CONGRATULATED MAYOR WEST, STATED THAT HE AND COUNCILMEMBER GETZ CAN SAY AN ELECTION IS A LOT EASIER WHEN THERE'S NO OPPONENT, HOPES THAT THE COUNCIL MEETINGS FOR THE NEXT TWO YEARS GO AS SMOOTH AS TODAY AND THEY CAN GET OUT AT A REASONABLE TIME, CONGRATULATED ALL OF HIS FELLOW COUNCILMEMBERS, LOOKS FORWARD TO WORKING WITH EVERYONE,STATED THAT "TEAM WORK, MAKES THE DREAM WORK" CITY MANAGER WILLIAMS - CONGRATULATED ALL OF THE COUNCILMEMBERS ON THEIR RE-ELECTION,CONGRATULATED MAYOR WEST,STATED THAT STAFF HAS DONE AN OUTSTANDING JOB, ELECTIONS ARE TOUGH ON STAFF MEMBERS, COMMENTED ON THE PROJECT UPDATE, THE LIST OF ALL THE PERSPECTIVE PROJECTS WILL Minutes—May 16,2023 BE PROVIDED TO COUNCIL, IN REGARDS TO THE WORK SESSION, STATED THAT HE HOPES TO HAVE AN UPDATE, THERE'S SOME GLITCHES THAT HAVE OCCURRED, SHOULD HAVE THE ISSUED RESOLVED BEFORE THE END OF THE DAY CITY ATTORNEY REED - LOOKS FORWARD TO WORKING WITH EVERYONE FOR THE NEXT TWO YEARS, STATED TO MAYOR WEST IT WILL BE A GOOD TIME, THE COUNCILMEMBERS ARE A GOOD GROUP TO WORK WITH ASSISTANT CM BOONE - CONGRATULATED THE COUNCILMEMBERS ON THEIR RE- ELECTION, WELCOMED MAYOR WEST, LOOKS FORWARD TO WORKING WITH EVERYBODY ASSISTANT CM ELLIS - CONGRATULATED MAYOR WEST,STATED IT WAS A PLEASURE TO MEET WITH HIM LAST WEEK TO HEAR HIS VISION FOR BEAUMONT, LOOKS FORWARD TO MANY MORE MEETINGS WITH HIM, IT'S AN EXCITING DAY FOR BEAUMONT KNOWING THAT WE WILL CONTINUE TO IMPROVE THE CITY AND MAKE IT BETTER CFO SIMONEAUX - ECHOED WHAT EVERYONE ELSE HAS SAID, TO THE SITTING COUNCIL AND THE MAYOR, LOOKS FORWARD TO WORKING WITH ALL OF THEM CITY CLERK BROUSSARD - CONGRATULATIONS TO ALL OF COUNCIL, STATED TO MAYOR WEST THAT SHE LOOKS FORWARD TO WORKING WITH HIM MAYOR WEST - THANKED ALL OF STAFF,GOT TO MEET WITH THEM,EVERYONE HAS BEEN VERY WARM AND HELPFUL, THANKED VIRTUE FOR ALL THAT SHE HAS DONE TO PREPARE HIM FOR THE MEETING, ASKED THAT STAFF LOOK AT WHAT CAN BE DONE FOR FUTURE COUNCIL MEETINGS, THE PROSPECT OF HAVING EVENING MEETINGS AND WHAT OTHER CITIES THE SIZE OF BEAUMONT ARE DOING, THANKED EVERYONE FOR ATTENDING Open session of meeting recessed at 3:41 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes—May 16,2023 B BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of CrowdStrike Falcon Complete from CDW Government LLC of Vernon Hills, IL. BACKGROUND The City of Beaumont currently leverages Arctic Wolf Managed Detection Response (MDR)to detect and respond to cybersecurity threats and Trend Micro for end point security. We are proposing to move to CrowdStrike's Falcon Complete Managed Detection and Response solution to replace these products for the following reasons: Falcon Complete fully investigates, responds, and addresses any threat on CrowdStrike protected devices within 60 minutes 24/7. Thus,taking on the risk and workload of response from the City. To match this capacity, Beaumont would need 24x7 availability to respond to threats within 1 hour. CrowdStrike's elite Overwatch hunting team are searching 24x7,throughout all CrowdStrike's customer base, for advanced hidden threats adept at evading detection. These hunts are human led by individuals with 7-10 years cybersecurity experience, not based on pre-configured alerts. This approach has led to the first-time discovery of new kinds of cyber-attack vectors, with North Korea's compromise of telephony company 3CX as a recent example. CrowdStrike's Falcon Complete service is backed by a third-party warranty from AIG in the event of ANY reportable breach. To date,no Complete customer has submitted a claim on this warranty. CrowdStrike's platform will replace most of the functionality of Trend Micro suite and enhances Beaumont's patch management practice by providing real time visibility to the vulnerabilities on our machines that threat actors may look to take advantage of. CrowdStrike can also provide the ability to monitor, and lock compromised log-in credentials with the Identity Protection subscription, stopping adversaries who are looking to gain a foothold by remotely logging in with valid credentials they may have acquired through social engineering or other means. Pricing was obtained through the TIPS Purchasing Cooperative. TIPS provides government subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. FUNDING SOURCE General Fund. RECOMMENDATION Approval of 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 purchase CrowdStrike Falcon Complete from CDW Government LLC, of Vernon Hills, Illinois in the amount of $143,068.08. 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 23rd day of May, 2023. - Mayor Roy West- PEOPLE Thank you for choosing CDW. We have received your quote. iNd WHO GET IT Hardware Software Services IT Solutions Brands Research Hub Review and Complete Purchase ROSANNA MOJICA, Thank you for considering CDW•G for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing. For all other customers, click below to convert your quote to an order. Convert Quote to Order QUOTE# QUOTE DATE QUOTE REFERENCE CUSTOMER# GRAND TOTAL N3WD988 5/12/2023 COMPLETE W/SPOTLIGHT 4464117 $143,068.08 QUOTE DETAILS ITEM QTY CDW# UNIT PRICE EXT.PRICE Falcon Complete with Threat Graph Standard-subscription 1618 6043781 $70.07 $113,373.26 license(1 year) Mfg. Part#: CS.FCSD.SOLN.T5.12M Electronic distribution-NO MEDIA Contract:TIPS 230105 Tech Solutions,Products,and Services (230105) Falcon Insight Endpoint Detection&Response-subscription 1618 5585249 $0.00 $0.00 license(1 year Mfg. Part#: CS.INSIGHTB.SOLN.T7.12M Electronic distribution-NO MEDIA Contract: MARKET Falcon Prevent-subscription license(1 vearl-1 endpoint 1618 5585250 $0.00 $0.00 Mfg. Part#:CS.PREVENTB.SOLN.T7.12M Electronic distribution-NO MEDIA Contract: MARKET Falcon Discover-subscription license(1 year)- 1 endpoint 1618 5585254 $0.00 $0.00 Mfg. Part#:CS.DISCB.SOLN.T7.12M Electronic distribution-NO MEDIA Contract: MARKET Falcon Complete-subscription license(1 year)- 1 license 82 5400119 $85.60 $7,019.20 Mfg.Part#:CS.FALCOMPS.SVC.12M Electronic distribution-NO MEDIA Contract:TIPS 230105 Tech Solutions,Products,and Services (230105) Falcon Overwatch-subscription license(1 vear)- 1 endpoint 1618 5585262 $0.00 $0.00 Mfg.Part#:CS.OWB.SVC.T7.12M Electronic distribution-NO MEDIA Contract: MARKET "Exhibit A" QUOTE DETAILS(CONT.) CrowdStrike Threat Graph Standard-subscription license(1 1618 5400122 $0.00 $0.00 year)-1 licen • Mfg.Part#:CS.TGB.STD.12M Electronic distribution-NO MEDIA Contract:TIPS 230105 Tech Solutions,Products,and Services (230105) Falcon Complete Complimentary Customer Identification- 1 6284569 $0.00 $0.00 subscription licen Mfg.Part#:CS.FALCOMPONBC.SOLN.12M Electronic distribution-NO MEDIA Contract: MARKET University LMS Subscription New Customer Access Pass- 6 5513533 $0.00 $0.00 web-based training Mfg.Part#:RR.PSO.ENT.NCAP.12M Electronic distribution-NO MEDIA Contract:TIPS 230105 Tech Solutions,Products,and Services (230105) Falcon Complete with HPS Threat Graph Standard- 82 6175347 $0.00 $0.00 subscription license(1 Ye Mfg.Part#:CS.FCSD.HPS.SOLN.12M Electronic distribution-NO MEDIA Contract:TIPS 230105 Tech Solutions,Products,and Services (230105) Falcon Insiuht Endpoint Detection&Response-subscription 82 5585249 $0.00 $0.00 license(1 year Mfg.Part#:CS.INSIGHTB.SOLN.T7.12M Electronic distribution-NO MEDIA Contract: MARKET Falcon Prevent-subscription license(1 vearl-1 endpoint 82 5585250 $0.00 $0.00 Mfg.Part#:CS.PREVENTB.SOLN.T7.12M Electronic distribution-NO MEDIA Contract: MARKET falcon Discover-subscription license(1 year)- 1 endpoint 82 5585254 $0.00 $0.00 Mfg. Part#:CS.DISCB.SOLN.T7.12M Electronic distribution-NO MEDIA Contract: MARKET Falcon Complete-subscription license(1 year)- 1 license 82 5400119 $0.00 $0.00 Mfg.Part#: CS.FALCOMPS.SVC.12M Electronic distribution-NO MEDIA Contract:TIPS 230105 Tech Solutions,Products,and Services (230105) Falcon Overwatch-subscription license(1 year.)-1 endpoint 82 5585262 $0.00 $0.00 Mfg. Part#: CS.OWB.SVC.T7.12M Electronic distribution-NO MEDIA Contract: MARKET CrowdStrike Threat Graph Standard HPS-subscription license 82 5757208 $0.00 $0.00 (1 year)-1 1 Mfg.Part#:CS.TGB.STD.HPS.12M Electronic distribution-NO MEDIA Contract: MARKET Page 2 of 4 QUOTE DETAILS(CONT.) CrowdStrike Essential-technical support-for CrowdStrike 1 5145023 $13,002.62 $13,002.62 Falcon Host-1 Mfg.Part#: RR.HOS.ENT.ESTL.12M Electronic distribution-NO MEDIA Contract:TIPS 230105 Tech Solutions,Products,and Services (230105) Falcon Spotlight-subscription license(1 vear) "license 1700 6071220 $5.69 $9,673.00 Mfg.Part#:CS.SPOTLT.SOLN.T7.12M Electronic distribution-NO MEDIA Contract:TIPS 230105 Tech Solutions,Products,and Services (230105) SUBTOTAL $143,068.08 SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL ;143,068.08 PURCHASER BILLING INFO DELIVER TO Billing Address: Shipping Address: CITY OF BEAUMONT CITY OF BEAUMONT ACCTS PAYABLE I.S.DIVISION PO BOX 3827 801 MAIN ST STE 330 BEAUMONT,TX 77704-3827 BEAUMONT,TX 77701-3548 Phone:(409)838-5016 Shipping Method: ELECTRONIC DISTRIBUTION Payment Terms:Net 30 Days-Govt State/Local Please remit payments to: CDW Government 75 Remittance Drive Suite 1515 Chicago,IL 60675-1515 Sales Contact Info Alyssa McArthur—Guzman I (877) 621-3156 f alysmca@cdwg.com LEASE OPTIONS FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $143,068.08 $3,797.03/Month $143,068.08 $4,396.48/Month Monthly payment based on 36 month lease.Other terms and options are available.Contact your Account Manager for details.Payment quoted is subject to change. 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Page 3 of 4 General Terms and Conditions: This quote is not legally binding and is for discussion purposes only.The rates are estimate only and are based on a collection of industry data from numerous sources.All rates and financial quotes are subject to final review,approval,and documentation by our leasing partners. Payments above exclude all applicable taxes.Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. Need Help? ■ My Account U Support ■ Call 800.800.4239 About Us I Privacy Policy ( Terms and Conditions This order Is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www,cdwg.com/content/terms-conditions/oroduct-sales.aspx For more Information,contact a CDW account manager ©2023 COWG LLC,200 N.Milwaukee Avenue,Vernon Hills,IL 60061 I 800.808.4239 Page 4 of 4 c BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenneth Coleman, Public Health Director MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a resolution approving/authorizing 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$174,270.00 awarded to the Beaumont Public Health Department. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department funding for Regional & Local Services System/Local Public Health Services (RLSS/LPHS) in the amount of$174,270.00. This funding will assist the Beaumont Public Health Department to perform activities and services that will improve and strengthen the local public infrastructure within the State of Texas. This contract will begin 09/01/2023 and end on 08/31/2025. FUNDING SOURCE Grant Funding 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 from the Texas Department of State Health Services (DSHS) for Regional & Local Services System/Local Public Health Services (RLSS/LPHS)in the amount of $174,270.00, effective on approval from September 1, 2023 through August 31, 2025, to assist the Beaumont Public Health Department with planning and performing activities and services that will improve and strengthen the local public health infrastructure within the State of Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of May, 2023. - Mayor Roy West - D BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a resolution approving a contract for the purchase of uniforms and accessories for the Police Department. BACKGROUND Police uniforms and accessories are budgeted and will be purchased from G.T. Distributors, Inc. out of Pflugerville, Texas utilizing the BuyBoard Co-Op, which complies with State of Texas procurement statues. This will provide a more stable supply line and pricing by utilizing a larger group with more buying power. The estimated cost for the uniforms and accessories is$163,000. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a contract for the purchase of uniforms and accessories for the Police Department from G.T, Distributors, Inc. of Pflugerville, Texas in the amount of $163,000.00. 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 23rd day of May, 2023. - Mayor Roy West- E wj TEXAS TO: City Council FROM: Kenneth R. Williams City Manager PREPARED BY: Sharae N. Reed,City Attorney MEETING DATE: May 23,2023 REQUESTED ACTION: Council consider a resolution appointing members to the Charter Review Committee. BACKGROUND The City's current Charter needs to be amended to comply with state law and address issues of ambiguity.The creation of a Charter Review Committee would allow for community participation during the process. The Charter Review Committee will consist of eleven(11)community members.The Mayor and Council members would each appoint one(1)member and four(4)members will require a majority vote of the Council. The City Manager and City Attorney will serve as ex officio • members of the Charter Review Committee. It is expected that the members of the Charter Review Committee will meet to discuss changes to the Charter and present recommendations to the City Council for submission on the November ballot. FUNDING SOURCE • Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Committee Sam Marchand Youth Council Charter Review Committee Liaison 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 23rd day of May, 2023. - Mayor Roy West - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Brian McDougall is appointed to the Charter Review Committee to fill the unexpired term of Carolyn Guidry. 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 23rd day of May, 2023. - Mayor Roy West- F BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Allco, LLC, of Beaumont, for the 23rd Street Emergency Cavity Repair Project. BACKGROUND The City was notified of a large cavity behind the back of curb in the 1500 block of North 23rd Street. The cavity appears to have formed where a City-maintained 42-inch diameter storm sewer line connects to a 7-ft by 10-ft box culvert maintained by Jefferson County Drainage District No. 6. On May 11, 2023,the City obtained a time and materials proposal not to exceed the amount of $145,000.00 from Allco, LLC,to perform the repair of the storm sewer. FUNDING SOURCE Capital Program. 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 award a contract to Allco, LTD, of Beaumont, Texas for the 23rd Street Emergency Cavity Repair Project in an amount not to exceed $145,000.00. 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 23rd day of May, 2023. - Mayor Roy West - BEAUMONT TEXAS May 11, 2023 City of Beaumont Purchasing Department 801 Main Street,Suite 320 Beaumont,Texas 77701 Re: N 23rd Street Cavity Repair Emergency Repair This letter is to inform you that the City of Beaumont was notified about a cavity behind the back of curb at 1570 N 23rd Street. Upon visiting the site,we observed a cavity approximately 25 feet long that drops about 7 feet deep. This cavity extends several feet under the roadway, undermining the concrete pavement. It appears that a 42-inch pipe maintained by the City has failed where It ties in to the 7'x10' box culverts maintained by Drainage District 6. The immediate concern is stabilizing the cavity before it expands in size and undermines the roadway further. Additional exploratory excavation is needed to determine if there is a failure that cannot be seen from the surface on the 7'x10' box culvert before repair to the 42" storm sewer line. Once the extent of the damage is determined,then repairs can begin. We have secured a contractor to address this issue, ALLCO, who can begin the exploratory excavation tomorrow,which is the earliest they can mobilize the necessary equipment. They were selected based on their prior experience in storm sewer repair and construction. Due to the potential threat of this cavity expending in size and causing a major failure in the roadway,as well as the potential to impede drainage for this area, Public Works/Engineering has determined that the repair of this cavity, and storm sewer line, must be performed on an emergency basis. If you have any further questions, please feel free to contact me at(409) 880-3725. Sincere) Bart Bartkowiak Director of Public Works PUBLIC WORKS 0 T 409.880.3725 F 409.880.3732 PO Box 38271 Beaumont,TX 77704 801 Main St.12"d Floor I Beaumont,TX 77701 beaumonttexas.gov "Exhibit A" ll DESIGN BUILD CONSTRUCTION MANAGEMENT GENERAL CONTRACTOR MOM P. 0. Box 3684, Beaumont,Texas 77704 Phone:409-860-4459 Fax:409-860-3857 Email: allco@allco.com May 11,2023 Attn: David Tingle City of Beaumont 801 Main Street Beaumont, Texas 77701 Re: Storm Sewer Repair— 1570 North 23`1 Street Dear Mr. Tingle: Please find attached,our equipment and labor rates to perform the emergency repair at 1570 North 23`d Street. These rates will be marked up 15%, as will all material and other expenses needed to perform this repair. Completed Daily Field Work Orders will be submitted, along with any invoices,when we bill the city upon completion. We have estimated a Not To Exceed Cost of One Hundred Forty-Five Thousand Dollars and No Cents($145,000.00). This pricing is based on the scope of work, discussed during our site visit of May 10, 2023. Let me know if you have any questions. Sincerely, ALLCO LLC „./.4".„4„.5, Keith Burrell G BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Long Street Emergency Cavity Repair Project. BACKGROUND BNSF Railway (BNSF) identified a cavity in the pavement of the 600 block of Long Street. Long Street is unique in that there is a rail line along the center of the road and a large storm sewer line under the center of the road from Pine Street to MLK Parkway to Pine Street. On May 3, 2023,the City obtained a time and materials proposal not to exceed the amount of $80,000.00 from Brystar Contracting, Inc.,to perform the initial excavation of the site to stabilize the site determine the extent of damage to the storm sewer. Once the initial excavation of the project is complete, and a method of repair is finalized, Brystar will submit an updated proposal to the City. FUNDING SOURCE Capital Program. 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 award a contract to Brystar Contracting, Inc., of Beaumont, Texas for the Long Street Emergency Cavity Repair Project in an amount not to exceed $80,000.00. 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 23rd day of May, 2023. - Mayor Roy West ii II[ BEAUMONT TEXAS May 3, 2023 City of Beaumont Purchasing Department 801 Main Street, Suite 320 Beaumont,Texas 77701 Re: Long Street Cavity Repair Emergency Repair This letter is to inform you that the City of Beaumont was notified by BNSF Railway (BNSF)that they had discovered a cavity in the pavement of Long Street. The location is in the 600 block of Long Street between Pine Street and N Pearl Street. Upon visiting the site, we observed a cavity approximately 75 feet long that drops about 15 feet deep immediately next to BNSF's rail line. BNSF indicated that they have closed the line to rail traffic. Similarly, Long Street is closed to thru traffic until further notice. Further exploratory excavation is needed to determine whether the rail is undermined. This line serves the Port of Beaumont, and currently they are unable to move their cargo from the Port. It did not appear that the track is undermined, but further work will be required to confirm that. BNSF did mention that there is a train with military cargo that was scheduled for yesterday that is delayed due to the track closure. If the rail is undermined,then repair costs are expected to increase. Long Street is unique in that there is a rail line along the center of the road from Pine Street to MLK Parkway. It also has a large storm sewer line along the center of the road from Pine Street to 10th Street. It is very possible, due to the depth of the cavity,that this cavity was formed by the collapse of the large storm sewer line under the railroad. The debris from this collapse may very well block the storm line from draining storm water from 10th Street to the Neches River. The potential for flooding impacts is a threat to public safety. We have secured two contractors to address this issue, while also investigating if there are any other potential trouble spots under Long Street. We have Brystar Contracting who can begin the exploratory excavation tomorrow, which is the earliest he can mobilize the necessary equipment. They were selected based on their prior experience in repairing storm sewers of similar age and construction. We are also working with Vortex Solutions to perform a ground penetrating radar(GPR)survey of the length of Long Street to locate any other potential cavities that are not visible from the surface. PUBLIC WORKS 0 T 409.880.3725 F 409.880.3732 PO Box 3827 I Beaumont,TX 77704 801 Main St.12nd Floor I Beaumont,TX 77701 beaumonttexas.gov Long Street Cavity Repair Page 2 of 2 Due to the potential threat of flooding, in addition to the closure of Port rail traffic, Public Works/Engineering has determined that the repair of this cavity, and storm sewer line, must be performed on an emergency basis. If you have any further questions, please feel free to contact me at (409) 880-3725. Sincerel Bart Bartkowiak Director of Public Works PUBLIC WORKS 0 T 409.880.3725 F 409.880.3732 PO Box 3827 I Beaumont,TX 77704 801 Main St.12"d Floor I Beaumont,TX 77701 beaumonttexas.gov TAk CONTRACTING, INC. 8385 Chemical Road• Beaumont,Texas 77705•(409) 842-6768 May 03,2023 Molly Villarreal, P.E. City Engineer Beaumont, Texas 77701 Via email: molly.villarrealnu,beaumonttexas.gov Re: Long St. Excavation Dear Molly; Brystar is pleased to offer this proposal for the exploratory excavation on Long Street adjacent to BNSF Railroad Tracks. Brystar anticipates a Not to Exceed amount of$80,000.00 to complete the exploratory phase based on: 1. Brystar's attached Rate sheet. 2. Anticipated Rental costs of shoring equipment 3. BNSF Railroad Liability Insurance Notes: 1 Rental of shoring is based on utilizing Trench boxes and Road plates. 2 BNSF Railroad Liability insurance is based on specific term. Should you have any questions please do not hesitate to contact me. Respectfully, X Lane Project Manager H BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Vortex Companies, of Houston, for the Long Street Grouting Repairs Project. BACKGROUND Long Street is a unique road in that there is a rail line along the center of the road and a large storm sewer line under the center of the road from Pine Street to MLK Parkway to Pine Street. This 5-ft by 7-ft oval-shaped storm line, due to age and poor soil conditions, requires rehabilitation to restore structural integrity. Defects in the storm line allow soil to migrate into the pipe where they are then washed away by stormwater runoff. It is this soil migration that creates voids underground that appear as cavities once the void reaches the soil surface. This street has a history of complicated cavity repairs,which prompted a survey of the underground conditions. The results of the survey confirmed there are large voids under the road and rail that must be backfilled to stabilize the soils surrounding the storm line. This stabilization is the first step to ultimately rehabilitating the storm line, and allows time to obtain all necessary permits to perform the work. On May 9, 2023,the City obtained a proposal from Vortex Companies, of Houston, in the amount of$2,444,071.28 to inject a high density urethane grout into the identified voids. Vortex has successfully performed large-diameter storm line rehabilitation for the City previously. The proposal was obtained through the HGACBuy Cooperative. A total of forty-five (45) calendar days are allocated for the completion of this project. FUNDING SOURCE General Fund—Fund Balance 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 award a contract to Vortex Companies, of Houston, Texas for the Long Street Grouting Repairs Project in the amount of$2,444,071.28. 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 23rd day of May, 2023. - Mayor Roy West - \ e. - ,�` ice► .�Ii�_- . g To: City Of Beaumont Contact: Evangeline Burkart,EIT Address: 801 Main Street Phone: 409.880.3720 Room 315 Email: Evangeline. Burkart@beaumonttexas.gov Project Name: TX-Beaumont-7.5'Hx5'W Storm Rehab Grouting Bid Number: 2212787-4 Project Location: Beaumont,TX Bid Date: 5/9/2023 Proposal is based on HGAC Contract#TP07-18 Item# Item Description Estimated Quantity Unit Unit Price Total Price P15 Travel And Mobilization-TML Region 16(Golden Pine& 1.00 EACH $4,784.00 $4,784.00 Oil-Beaumont) F51 High Density Urethane For Grouting,Slab Lifting,Void 200,264.00 LB $12.00 $2,403,168.00 Filling, Pipe Sealing Etc.(5001b.min)-Chemical Grouting 7.5'x5'Storm Sewer Based On GPR Study Bid Price Subtotal: $2,407,952.00 Total Performance&Payment Bond 1.500/0: $36,119.28 Total Bid Price: $2,444,071.28 Notes: • If necessary,Owner will provide Permits&Fees.Vortex will provide our standard insurance coverage. Longshoreman and/or railroad insurance is not included. • Our Bid Proposal is valid for 30 days from the date listed on the proposal. • Standard wages are included.Therefore, Prevailing wages and or Union Wage Rates are not included in this bid proposal. • Our bid proposal as submitted reflects the current material pricing established on or before the bid date listed within our proposal. In the event of unforeseen price increases of our raw materials,Vortex reserves the right to adjust our unit rate or overall bid proposal accordingly to account for such price increases. • Payment terms: Net 30 days.Interest will be added to balances outstanding after 30 days • Vortex's bid proposal shall be incorporated into the subcontract agreements.Vortex will initiate this project upon an agreement or receipt of a subcontract or purchase order. Copies of payment and performance bonds must be provided to Vortex. • •Proposal does NOT include following: •obstruction removal •Heavy infiltration control(see note below) • Point repairs or pipe jacking •Well point/dewatering to lower water table •Site clearing or excavation • Vortex is not responsible for any liquidated/consequential damages due to scheduling conflicts. • Owner will provide Railway permits and/or Railroad Flaggers(if required). • 200,264 LBS is our anticipated quantities but we will invoice based on actual LBS installed. ACCEPTED: CONFIRMED: The above prices,specifications and conditions are satisfactory and Vortex Lining Systems are hereby accepted. Buyer: Signature: Authorized Signature: Date of Acceptance: Estimator: Brandon Gerber (813)326-8928 Bgerber@vortexcompanies.com Page 1 of 1 "Exhibit A" BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Water Company of America of Houston, for the Review of Unbilled or Misbilled Utility Services Project. BACKGROUND The City seeks analysis and correction of water utility systems under-billings and miss-billings thereby increasing revenue for the City. Areas to be addressed include billing system deficiencies and unbilled services, unmetered fire lines, metering, service theft. The Review of Unbilled or Misbilled Utility Services Project will examine certain utility billing and metering functions to identify the causes of, and remedies for, inaccuracies in all functions related to utility billings. On April 27, 2023, one (1)proposal was received and evaluated by City Staff. Payment to the Contractor shall be 50% of all increase revenue for a term of forty-eight(48) months thereafter. FUNDING SOURCE Water 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 award a contract to Water Company of America of Houston, Texas for the Review of Unbilled or Misbilled Utility Services Project. 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 23rd day of May, 2023. - Mayor Roy West - 1 May 23, 2023 Consider a request for a Specific Use Permit to allow a stone cutting and fabrication business in the GC-MD (General Commercial-Multiple Family Dwelling) District located at 1981 Magnolia Avenue. BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a stone cutting and fabrication business in the GC-MD (General Commercial-Multiple Family Dwelling)District located at 1981 Magnolia Avenue. BACKGROUND Isabel Meneses requests approval of a Specific Use Permit to allow a stone cutting and fabrication business located at 1981 Magnolia Avenue. The operations of the business entail making granite counters for bathrooms and kitchens. They use the Makita PW5001C tool to cut the granite and use water to avoid noise and dust. The hours of operations and staffing was not disclosed to Planning staff. At a Joint Public Hearing held on May 15, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a stone cutting and fabrication business in the GC-MD (General Commercial-Multiple Family Dwelling)District located at 1981 Magnolia Avenue; with the following conditions: 1. Shall be in compliance with Section 28.04.007 Performance Standards. 2. Shall be in compliance with all applicable Building and Fire Codes. 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. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance,with the following conditions: 1. Shall be in compliance with Section 28.04.007 Performance Standards. 2. Shall be in compliance with all applicable Building and Fire Codes. 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. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 8,Block 65,North Addition,Beaumont,Jefferson County,Texas,containing 0.16 acres, more or less. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A STONE CUTTING AND FABRICATION BUSINESS IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1981 MAGNOLIA AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Isabel Meneses has applied for a specific use permit to allow a stone cutting and fabrication business in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 1981 Magnolia Avenue, being Lot 8, Block 65, North Addition, Beaumont, Jefferson County, Texas, containing 0.16 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 stone cutting and fabrication business in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 1981 Magnolia Avenue, subject to the following conditions: 1. Shall be in compliance with Section 28.04.007 Performance Standards; and, 2. Shall be in compliance with all applicable Building and Fire Codes; and, 3. 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; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a stone cutting and fabrication 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; and, Section 1. That a specific use permit to allow stone cutting and fabrication business in a GC- MD (General Commercial-Multiple Family Dwelling) District for property located at 1981 Magnolia Avenue, being Lot 8, Block 65, North Addition, Beaumont, Jefferson County, Texas, containing 0.16 acres, more or less, as shown on Exhibit "A," is hereby granted to Isabel Meneses, 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 28.04.007 Performance Standards. 2. Shall be in compliance with all applicable Building and Fire Codes. 3. 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. 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. pE 4 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 23rd day of May, 2023. - Mayor Roy West - EntT ... 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IA ii Li , ,,., i• s SSTs 0.H'ARLES‘ -__________— - _.— s C'::�� ....it... . •1i Exhibit "B" BEAUMONT Planning 8( Community Development Case Type:Planning and Zoning Case Status:REVIEW Case Sub Type:Specific Use Permit Tag Name:SUP to allow a stone cutting and Case II:PZ2023-96 fabrication business Location:1981 MAGNOLIAAVE,BEAUMONT,77703 Initiated On:2/24/2023 2:22:27PM Individuals listed on the record: Applicant Isabel Meneses Home Phone: 8326411352 2948 Meadowgrass Ln Work Phone: Houston,Tx 77082 Cell Phone: 8326411352 E-Mail: Isartllc@gmailcom Property Owner MIRIAM SALGADO Home Phone: 1039 SOMERCOTES LN, Work Phone: CHANNELVIEW,tx 77530 Cell Phone: E-Mail: Case Typo:Planning and Zoning Page 1 of 2 Case If:PZ2023-96 Printed On:5/3/2023 BEAUMONT Planning& Community Development Legal Description NORTH L8 B65 Number of Acres 0.16 Proposed Use FACTORY,MAKE COUNTER,stone cutting That the specific use will be THIS use will be compatible with and not injurious to the use and compatible with and not Injurious to enjoyment of other property,nor diminish or impair property values the use and enjoyment of other within the immediate vicinity property,nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific THIS use will not impede the normal and orderly development and use will not impede the normal and Improvement of surrounding 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 will be provided supporting facilities have been or will he provided The design,location and arrangement The Driveway and parking spaces provides for the safe and of all driveways and parking spaces convenient movement of vehicular and pedestrian traffic,see site Plan provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention nuisance prevention measures have been taken to prevent or control measures have been or will be taken offensive odor,fumes,dust,noise and vibration to prevent or control offensive odor, fumes,dust,noise and vibration That directional lighting will be no directional lighting will be provided provided so as not to disturb or 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,see site plan compatibility with adjacent property That the proposed use is In the 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//:PZ2023-96 Printed On:5i3/2023 Process Description We make granite counters for bathrooms and kitchens.To make granite cuts that are healthier for the environment, we use the Makita PW5001C tool, this same tool is used for polishing. We attach the manual, where the noise level is described. To avoid noise and dust we use water. It is a very simple process. . • 4" ELECTRO NIC ,Thi:Inut(z. WET STONE POLISHER --- — -141 SPEED fi PROWEfibigg; . 1121; rillifili ....lifit iTILlillffil-iiiMistifihili Soft-Sta1 ,Teclinol' I )IO J)i'ntignuSii1' lits4UjJi Electrotllc,Spee(il(pa l'Jlfflrii_itiihiiiii%Ig4!lUifi i'11 ll , .:!l lu les,aiGrolt,d Fa iiis( 10.i)SIlii��Ti!(;tsd7( 1, 1)I 1l1 j -, Ierfu1,7'9JA 1 )1.60YflifJthll11J1 4:1(12l 14Wjhifal1Pl;iiji ); Speed Dial provides optimum speed ` Of 11 i 1 t •11 '••Sl;f(iqiiD11f17jO!I;af141AfIlliiSji'liilj (lJ1f1)-431!J(1� settings from(2,000-4,000 RNA) for professional finishes - «,f-s•IHailtfiTAIJ1:c7AtzliiM,a►Yarii1�,lbliirAiDi ,1111L11)- 0)1il..9r �3.JJfal1 11ilil,f Jl iH 1flti)s I ERGONOMICS - ,..._ . - , .. . . : •• . ,*,-. ..,• • -, •• P s�; 7,- '''' illi- ,Y� F ^- •:P_;-.tt I,1,.4.•y`�` ram` s. • iix� ,,+a a.{ ' J 1 1 • , ;Air 4. .yt,4 •id 1 1 , 4 "1"' Water hose Is located on the bottom • 4,-- "4.' 4, of the slim barrel grip for added ` >~�� ' control and comfort r <•',, } .„2;; n?Ai. - FINISH g.', '•';,,;e3,i,•,-tt....;P,•-••-•t.'.,+41 itlit 0 .may .� �:,i . J.il) ,. i.4 i:- •• $1•--" ,-^' r ^ , Three holes on the spindle spreads rt4 -?)r/- a� �f i'y � • � ltA�• `l '. j f • • 1. •a ,' wort. ,• iatilx 14 . ,:r ,),a +�'.. the water evenly on the entire pad 0 1 4 , . w41,• r , . . .�:" I4t�•:1 for finish results without clogging • � 4 ., ,�� .a. .: u , ,' „� , ,. . CONVENIENCE - Shown with _ - s Mt0.-..V, ,�e f _ ,,,, 1 • , optionalpad s',, o' .- r.' d r, "77.t,, I ,, NO • J ,5 o OI , '..P47,: r••`1 V"'', ,' C'l'r .4'•' The water flow is easily controlled .• ,. - r,', ,a r j 1. , ", , -}1;4y •., 1,"•I if , 1800'•, < s iih the conveniently located solid ! . •" rz- ,` • 1 - a n ,,.', , brass ball valve ',1 FLAwLEssu .r g.lS`me. : I . , 4.1 4" ► w ► 1 1 E Pi � • Model PW500IC • Features&Benefits 1 .'`' '.'' '6 1 _ :- to Powerful 7.9 AMP motor and lightweight(4.6 lbs.) '' .-�,,:t,' a High power-to-weight ratio for reduced operator fatigue tip J+ �'.'''. ' a Electronic speed control maintains speed under load . '-1 : ' • a Soft-Start technology delivers smooth start•ups;variable speed • s `t a Housing cover protects the industrial die cast aluminum gear housing t'-1.-': • t! 3 holes at the spindle top evenly spread water to the pad and ; '1 I .•Rr i I prevents the pad from clogging i '1 \.~:,' Li Overload switch to protect armature failure • ' et Includes a Ground Fault Circuit Interrupter(WI)Plug E• r lr t' •:'..?4,,,,• s i ✓ Pre-setting dial(2,000--4,000 RPM)for optimum rotating speed • i t t 'Qo, SPEED DIAL ADJUSTING Number RPM(min.) 1 2,000 y A. 2 2,500 3 3,000 4 3,500 `� " 1 _ - - a .gi. 5 4,000 " ✓ Shown with Standard Equipment - optional pad ■ Side Handle(152490-4) ■ Head Cover(417322-5) �� d Wrench(7II1008 0) SS 10 W'- rim► �. Specifications - ` ;' �L (-) Polishing Disc 4" -=� No Load Speed 2,000-4,000 RPM AMPS 7.9 SpindleThread 5/8-11" Model PW5001C Overall Length 12-1/4" Net Weight 4.6 lbs. Shipping Weight 8.4 lbs. Master Carton Quantity 4 UPC Code 088381-05445-4 Accessories a Tool Organizer/Storage Bag(821004-A) • a 4"Backing Pad(743079-5) 0 88381 05445 r, ci Makita offers a wide variety of sanding and polishing accessories. For a complete listing,please refer r to the Makita General Catalog,or visit our website at www.makitetoois.com,or call 1-800-4MAK1TA. ,,', A. A. A All specifications subject to change without prior notice.All models and accesso+ies subject to stock on hand. A. f SPF-0201.7.5M MA00•17OA For more Information,call l4100-4MAKITA makitatools,coru Makita U.S.A,14930Rorlham51,1a6Ureda,CA90638 2 May 23, 2023 Consider a request for a Specific Use Permit to allow a drinking place in the GC-MD (General Commercial- Multiple Family Dwelling) District for property located at 2550 Interstate 10 East within the Town Center Shops Plaza. BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a drinking place in the GC-MD (General Commercial- Multiple Family Dwelling)District for property located at 2550 Interstate 10 East within the Town Center Shops Plaza. BACKGROUND Saurabh D. Soni requests approval for a Specific Use Permit to allow a drinking place located at 2550 Interstate 10 East. El Fuego will be a bar and lounge with operational hours of 3:00 p.m. to 2:00 a.m. Monday to Sunday. Services provided are live music, full bar and hookah. The owner intends to provide security by a camera system, three (3) armed security officers, and an identification check system. He intends to staff eight(8)to ten(10)employees to run the business. In consideration of safety,911 reports indicate from January 1,2020 to March 28,2023,there have been two-hundred nineteen(219)calls made in relation to the suites within the Town Center Shops Plaza. According to City records, suite 2550 Interstate 10 East has been a bar since 2007 and ceased operations sometime between 2020-2021. During this time, 911 reports indicate approximately half of the calls were made in association with this particular suite as a drinking place. Additionally, a bar at this location appears to be an incompatible use due to proximity to families in multiple apartments and single family homes to the north. At a Joint Public Hearing held on May 15, 2023, the Planning Commission recommended 6:0 to deny the request for a Specific Use Permit to allow a drinking place in the GC-MD (General Commercial-Multiple Family Dwelling)District for property located at 2550 Interstate 10 East within the Town Center Shops Plaza. Property owner responses signed by the owners of more than twenty (20) percent of the area of the lots within 200' of the subject property are in protest of the request,therefore, approval of the Specific Use Permit would require a favorable vote by 3 of all the members of City Council. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being part of Blocks 3, 4 and 5, Emma Reed Addition, Beaumont, Jefferson County, Texas, containing 1.55 acres, more or less. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC- MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 2550 INTERSTATE 10 EAST WITHIN THE TOWN CENTER SHOPS PLAZA IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Saurabh D. Soni has applied for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2550 Interstate 10 East within the Town Center Shops Plaza, being Part of Blocks 3,4, and 5, Emma Reed Addition, Beaumont, Jefferson County, Texas, containing 1.55 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2550 Interstate 10 East within the Town Center Shops Plaza; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a drinking place 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 drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2550 Interstate 10 East within the Town jI Center Shops Plaza, being Part of Blocks 3, 4, and 5, Emma Reed Addition, Beaumont, Jefferson County, Texas, containing 1.55 acres, more or less as shown on Exhibit "A," is hereby granted to Saurabh D. Soni, 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 23rd day of May, 2023. - Mayor Roy West - ,.\ T!q!`1X3i, s st z pi W li IN '4'03 !ill 0 Al\ • , F,451 ?it , 4gt ' I 1 ! N,91 k gi. l74'D Fir02.40.50'-E_-100BB'. le 7 • R; 2 i:t: F:`:11lwir [ ..I v yt. ory s� d %.‘ (;R 1J m trby W _—T �dis R u ,.. .� .3•1 .,. .; mm li i' 1 Z..'' ..%.•. •••.•..! %,::".. • ' _•. }T; • .c ..1A�•• .. o• -%. d °Lam 'Y R•• ..�, • • ,!x '`.. LPN * r tt '....- '1.0 ql Pgo _ 1. � . RF a >r tt N � z g H g l n N • dag a3 b :0.1. it 11 R$°9 1111 111 O 8S� E ! i i F EXISTING BUILDING 93 ` aBOTTOM FLOOR GAMING ROOM -. 3 O B is B 25521-10 FRONTAGE RD,BEAUMONT,IX 77103 n r 'a'j, Z II • ��,• :' � r . li-.4--13°,f L 1 Ece i _, ' :.?(-r--.:1 1.-T.: 1:,„ei Q.4.. !i • L z.^fie—tom —3-1,—r I ,rZ OFF/CC iI� i • ! L- *. COe M• ja ic. z �l a ^ T- _ vi,n,,r' °� �=, i7 :`6i- _ i it_ •�. ^ice ydo; 4",• •,.:••••• ,t, - . .///'" f • -� :-y BE U ONT, TEXAS 77703 • i; PZ2023-152: Request for a Specific Use Permit to allow a drinking place in the GC-MD(General N Commercial—Multiple Family Dwelling)District. 1 `+ Applicant:Saurabh D.Soni Location:2550 Interstate 10 East 0 100 200 I I I I Feet • " ''' . , . . • ` Le end ni i' '''''N,,+ \. , ;`,,,n.. e,Pan Z2023-152' r \' v �� i _ }�. -- e ,� t / , �,� , % ;GC IVJl3 1' ,t 1 . \ + ,GC;MD ,� 1� ,, • O., • .. , i. N , GVM1 RM-H •e , S`N��� \ ', r 1 1' �i` ...f l+l 1 �.O•OOOOOo0000�. ( '. a‘ 1 .•00000•• ..,. 1 OODooOOoO'Oo4 ; .- I r iG"C 1VID D000000000o°000O4 " -- a ` ,• O•O 0 O O o00000000000004 ' < :'s'ioioi•OioioOio�oDD�oOioioi' ` . r•.c 1; 1►•00••0•000000••o•ooDDOo000` /^:' �. :►0000°*OooO0000000000000i00000000,' 1 ' r •• ►°•000000o• •• •• i000000000000• •• •• • , + 00000000000000000• r►000•oo•00000000000oo000000000000000• , -'a • �, INTERSTATE�.HIGHWAYb10 tl t„tII o " . ,1 o r10 fir —`— t sr ' # /1:7 r, .s. "P v . I 1 , , ° 'Jai*;ILO' tr',IPA, r r ' , i �• �, _ at � IIIUIVI:i ( �,.. L_OUISIANA � °,� 1 ,1-44 ten'- L i 99j Exhibit "B" BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status:REVIEW Case Sub Type:Specific Use Permit Tag Name:SUP to allow a drinking place. Case it:P22023-152 Initiated On:4/4/2023 4:12:00PM Location:2550 INTERSTATE 10 E,BEAUMONT,TX,77702 Individuals listed on the record: Applicant Saurabh D Son! Home Phone: 58 W windsor pkwy Work Phone: oceanside,NY 11572 Cell Phone: 9294280020 E-Mail: sourabhsoni611@gmaii.com Property Owner Shreell Properties L.L.0 Home Phone: 5318 Jay thrust Dr Work Phone: Richmond,TX 77407 Cell Phone: E-Mail: ileshpatei123@gmaii.com • Case Type:Planning and Zoning Page i of 2 Case f/:PZ2023-152 Printed On:5/3/2023 BEAUMONT Planning & Community Development Legal Description REED EMMA PT BLKS 3 4 51.S5AC 2550-2570 INTERSTATE 10E Number of Acres 1.55 Proposed Use Retail That the specific use will be we will ensure that we won't allow any illegal activity in our business compatible with and not injurious to and nor will affect any business around us I will make sure that and the use and enjoyment of other we are running with fully inside and outside cameras. property,nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific will make sure from our side that our customer will not be involved in use will not impede the normal and any other property • orderly development and improvement of surrounding vacant property; That adequate utilities,access roads, Yes there is a road to go the utilities area,there Is drainage for the drainage and other necessary water to go from it supporting facilities have been or will be provided The design,location and arrangement there is a big parking lot,we have arrangement for our parking space of all driveways and parking spaces for out customer provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention we have exhaust fan to control offensive odor and we will have all measures have been or will be taken supplies In the business before we start to keep it clean from outside to prevent or control offensive odor, and inside fumes,dust,noise and vibration • That directional lighting will be we are only using common tights which won't affect anymore outside provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping we don't landscaping department under us that department property and screening to insure harmony and owner will take care it time by time compatibility with adjacent property That the proposed use is In all rules and regulations will be same as per business. accordance with the Comprehensive Plan Notes: Case Type:Planning and Zoning Page 2 of 2 Case it:P72023-152 Printed On:5/3/2023 �,.._.e.rr.fit fpfl t ,..-_,..:v._++v_s..a r,.ar.+xtc` 6'Cn1:cfl C r.er�- a.r. .inn/.etrlselitr..A e.a,.-�.���_.. ' •�••••••••+-, Date 4/412023 Application Name: Snurabh D Soni Dear Council Member i am planning to Buy existing bar and lounge and going to name business as El FUJEGO. I have already arranged to lease the property at 2550 110 E Beaumont TX. Type of Business: Bar, Lounge,and Hookah services Hours of operation: 3:00 PM to 2:00 AM Monday to Sunday. Staff: 8 to 10 people will run business and will manage by(Saurabh D Soni) Provide to customer: Full bar service (alcohols), live music, Hookah. Security: We will have 3 arm security offices, silent alarm system. ID check system. in &out: Customer as access from front door and back door for emergency purpose. Cameras: 8 cameras outside and 8 cameras inside will be on properties. Facilities:will provide Men and women restroom with running sewer and water supplies. Parking: properties has about 60 parking spots for customer Si rely, G`'P Saurabh D Soni Ilesh Pate weer) Active Army Shreeji Properties LLC El Fuego 713-890-2349 929-428-0020 soiirabhsoni611@gmail.com r=. Emsracemrstrwris ,:turam.nour to,,gsswi, 1,vieta4Su lr?stiumia'+2 :`ortnti g.roT - { { 3 May 23, 2023 Consider a request for a Specific Use Permit to allow a gaming site in the LI (Light Industrial) District for property located at 5305 Gorman Road. BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a gaming site in the LI (Light Industrial) District for property located at 5305 Gorman Road. BACKGROUND Shaleen Singh has requested a Specific Use Permit to allow a gaming facility at 5305 Gorman Road with thirty(30) machines. The hours of operation for the business will be from 9:00 a.m. to 11:00 p.m.Monday through Sunday.The gaming site will staff two(2)employees and one security guard. Engineering noted the parking provided is insufficient and such proposal would require twenty- nine (29) spaces. "Based on a preliminary assessment, it is unlikely that the site will be able to accommodate 29 spaces. It is possible for customers to park in an established parking spot at a nearby business located within 400' of the site, however, a parking agreement between the property owners will need to be provided prior to any permit approvals." 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 or schools. However, it is within 1000' of the Beaumont Mosque—Islamic Society of Triplex. At a Joint Public Hearing held on May 15, 2023,the Planning Commission recommended 6:0 to deny the request for a Specific Use Permit to allow a gaming site in the LI (Light Industrial) District for property located at 5305 Gorman Road. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 2, Block 116, B-20, Abstract No. 55, John A. Veatch Addition, Beaumont, Jefferson County, Texas, containing 0.274 acres,more or less. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING SITE IN AN LI (LIGHT INDUSTRIAL) DISTRICT AT 5305 GORMAN ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Shaleen Singh has applied for a specific use permit to allow a gaming site in an LI (Light Industrial) District at 5305 Gorman Road, being Lot 2, Block 116, B- 20, Abstract No. 55, John A. Veatch Addition, Beaumont, Jefferson County, Texas, containing 0.274 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of a specific use permit to allow a gaming site in an LI (Light Industrial) District at 5305 Gorman Road; 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; and, Section 1. That a specific use permit to allow a gaming site in an LI (Light Industrial) District at 5305 Gorman Road, being Lot 2, Block 116, B-20, Abstract No. 55, John A. Veatch Addition, Beaumont, Jefferson County, Texas, containing 0.274 acres more or less, as shown on Exhibit "A," is hereby granted to Shaleen Singh, 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 23rd day of May, 2023. - Mayor Roy West- // µ 6 sri r W 5 R Ra /1105 IN Cardinal Dr SVC P�5305 Go umox-01" Pdavess te,*LT gee S \e'\ ( \ ., . \\ O` � 1f O I b. f Cn �o-E y 'Y '' \ \ \ i \ C \ 0 \ * \/.. CClIFF 4-______.) , :11, (7 0 u....) I '•\'' DO -.-.....................,•-•.•""•••*".";"."..".Z........-.,-............. . .......... . , ... r, . ,, .. .. , ,, ,.__. .._......,.._. ..,. .. .. .. L__,..„...,,.y y — 4` C old rr A'ori4 — • ` _, ___ I--_ _ a r . __ > C' - L ' A,o, l► , 13.' r-----• C-y›�•-N —"� -./ , • - A_u r�' M • �--- _._...... CI of ell- oar i._ .._.............. `j1,/ _..l_• ._. _—_ _-- -------' "----- ,- - ..6 Ili •f•- 4-21 - �. _ C • , riAt- •"kri; ,.00.;..• --.• ,. 7.,---:.--- * _.... -._ 316- .... _--- i i I 1 I P22023-162: Request for a Specific Use Permit to allow a gaming facility in the LI (Light Industrial) N District. Applicant:Shaleen Singh Location: 5305 Gorman Road • 0 100 200 A Lebend) !..... ' '..- ii.: < '. !4•;Cysit'p. ' , Gamp (,,,,.' <:41•1411).Z2023:-1.62 ;1, 1.; . ••,.-.A./ . . , • ,. -.• , /' ' .:'.'''<, i ..., , . :Air- 1 ., ( 1 ' C'ei . • ' ' , .''''',,,• tfAV • ,''''' sz31, , • , , ;.‘• •‘ * ' -, , ' . ' --'6•;:y .1%-',-) '...'‘.' . .; ,, (IV - „,,,,' - „ , '„ . " . . . (' :1'4: - ' . • , • - ( '-. 11'N'tj"-') ' • ' . ', .. ''' ,,-: NAL. -..."-- •,'" - • it:.. , I -----------___ t• . . . . . • , , , ,,-•.- ... ,. . )- ,./ - --__________ ' ,, , , 1 • • . ' . ' • . . ,• \ fj • ; .. 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Exhibit "B" BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status:REVIEW Case Sub Type:Specific Use Permit Tag Name:Specific use permit Case It:PZ2023-162 Initiated On:4/10/2023 4:49:11PM Location:5305 GORMAN RD,BEAUMONT,77705 Individuals listed on the record: Applicant Shaleen Singh Home Phone: 20 Providence Dr Work Phone: Covington,GA 30016 Cell Phone: 551-463-4276 E-Mail: singhshaleen10@yahoo.com Property Owner Berridge Services LLC Home Phone: 148 S Dowlen Rd 622 Work Phone: Beaumont,TX 77707 Cell Phone: 409-454-7358 E-Mail: chrystaicarter60@gmail.com • Case Type:Planning and Zoning Page 1 of 2 Case/E:PZ2023-162 Printed On:4/2 012 0 2 3 BEAUMONT Planning& Community Development Legal Description LT2BLK110B-20 AB55 J A VEAL CH Number of Acres 0.27 Proposed Use Game Room That the specific use will be The request for the specific use will be compatible with and not compatible with and not injurious to injurious to the use and enjoyment of the 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 establishment of the specific use that Singh is requesting will not use will not Impede the normal and Impede the normal and orderly development and improvement of orderly development and improvement surrounding vacant property. of surrounding vacant property; That adequate utilities,access roads, The adequate utilities,access roads,drainage and other necessary drainage and other necessary supporting facilities have been provided. supporting facilities have been or will be provided The design,location and arrangement There is adequate driveways and parking spaces for all safe and of all driveways and parking spaces convenient movement of vehicular traffic without adversely affecting provides for the safe and convenient the general public or adjacent developments. movement of vehicular and pedestrian traffic That adequate nuisance prevention Adequate nuisance prevention measures have been taken to prevent measures have been or will be taken and control offensive odors,fumes,dust,noise,and vibration. to prevent or control offensive odor, fumes,dust,noise and vibration That directional lighting will be All lighting is in place and does not disturb or affect neighboring provided so as not to disturb or properties. adversely affect neighboring properties That there are sufficient landscaping There Is sufficient landscaping and screening to ensure harmony and and screening to insure harmony and compatibility with adjacent property owners already in place. compatibility with adjacent property That the proposed use is In The proposed use is in accordance with the plan. accordance with the Comprehensive Plan Notes: Case Type:Planning and Zoning Page 2 of 2 Case#:PZ2023-162 Printed On:4/20/2023 4/10/23 To whom it may concern: Shaleen Singh is requesting a specific use permit for 5305 Gorman rd Beaumont, TX 77705 for a gaming site with 30 machines. Hours of operation will be from Monday- Sunday 9am-11 pm. The gaming site will employ 2 people arid 1 security guard if needed. • Sincerely, Shaleen Singh 4 May 23, 2023 Consider a request for a Specific Use Permit to allow a medical office in the RM-H (Residential Multiple Family-Highest Density) District for property located at 3590 Blackmon Lane #1. BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a medical office in the RM-H(Residential Multiple Family- Highest Density)District for property located at 3590 Blackmon Lane #1. BACKGROUND Bernardino Tristan of Fittz& Shipman, Inc. requests a Specific Use Permit to develop a medical office located at 3590 Blackmon Lane#1. This office will serve as the Heart& Lung Center of Southeast Texas of Beaumont. The construction will consist of brick one-story building with eleven(11)parking spaces and two (2)ADA spaces. Two (2)medical offices exist along Blackmon Ln Professional Plaza and various medical offices are established directly south of this property. The addition of the Heart& Lung Center appears to be an appropriate use within this area. At a Joint Public Hearing held on May 15, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a medical office in the Rm-H (Residential Multiple Family-Highest Density) District for property located at 3590 Blackmon Lane #1; 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 be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Construction plans shall be in compliance with all applicable Building and Fire 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 be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Construction plans shall be in compliance with all applicable Building and Fire Codes. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 2, Blackmon Lane Professional Plaza Addition, Beaumont, Jefferson County, Texas, containing 0.4316 acres, more or less. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MEDICAL OFFICE IN A RM-H (RESIDENTIAL MULTIPLE FAMILY- HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3590 BLACKMON LANE #1 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Bernardino Tristan of Fittz & Shipman, Inc. has applied for a specific use permit to allow a medical office in a RM-H (Residential Multiple Family — Highest Density) District for property located at 3590 Blackmon Lane #1, being Lot 2, Blackmon Lane Professional Plaza Addition, Beaumont, Jefferson County, Texas, containing 0.4316 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 medical office in RM-H (Residential Multiple Family—Highest Density) District for property located at 3590 Blackmon Lane #1, 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; pre-treatment, and/or FOG program; and, 2. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements; and, 3. Construction plans shall be in compliance with all applicable Building and Fire Codes; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a medical office 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 medical office in a RM-H (Residential Multiple Family — Highest Density) District for property located at 3590 Blackmon Lane #1, being Lot 2, Blackmon Lane Professional Plaza Addition, Beaumont, Jefferson County, Texas, containing 0.4316 acres, more or less, as shown on Exhibit "A," is hereby granted to Bernardino Tristan, of Fittz & Shipman, Inc. 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; pre-treatment, and/or FOG program. 2. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Construction plans shall be in compliance with all applicable Building and Fire 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 23rd day of May, 2023. - Mayor Roy West - MAN HOLE 6 89°59136" E 61.6301 61-1 — 4 1 / EDGE OP GONG yp�}E O Q •� ON PROPERTY UNE X t4 DRAINAGE -;^ dl 30 0 30 2 i! rt.A%� W:?A/'r::iAt lo'o• Scale 1 =30' i r i ;::,, vf.;d}:crE (,•'i:r, zt i, li ,•tli i"v.e) I?f i s ,: r + D : ft 3•-0' i I ProProposed 25'-0 13n8' r P tf 1—Story 0 811 Brick Bldg. 0 0 O f ifr •'1:' r f.t;r.f; M'-C ,; /;7ittgi.05. !Ui:tw; .p. —J{j't i'r i!Itsk404'i VI ;rNYi• %'.N.t. :m..t:f1l; W : ..,— i., Mae--J //��V�V�jjyy77�� (`kVJ\ z a'-0' YO 4 -0J b' • M b r i • s ka I.;;it, to u ,2V32 5 0 3'-0. ; d pKAE UGE D t I �__. �ti ;2� 6- EDGE OF CORO t I ON PROPERTY LINE t 1 b ^'\ 14 `"° .6 89°58b011 to 81.680' =tom f b r;l4140,4:. is:;iws wwc 0"$,l is r a:isOli i. MAN l BLACKMON LANE Q:\PROJECTS\23049 — 3590 Blackmon Lone\CIvMI\DrowIngs_Current\23049_CE_SIt°_01.dwg Apr 17, 2023 04:50prn i i n Sie Plan - City of Beaumont - SUP Application SHT. NO. • F I {.jZ S�Ip.m,aNC. PROJECT NAME: 3590 Blackmon Lane C l Consulting Engineers and Land55in yiors Professional Plaza 1405 CORNERSTONE COURT,BEAUMONT,TEXAS Beaumont,Toxas 77706 PROJECT NO. PH(409)032-7230 FAX(409)032-7303 23049 T.B.P.E.FIRM 111160 o T.X.L.S.FIRM 11100100 ©COPYRIGHT 2023 FITTLR SHIPMAN,INC. DATE: Apr 17,2023 "Exhibit A" Prgi tttttli`�ikk‘• 1, � �1,--„ne tij��\4ii is � iiii,\\ v''k\ \\\ik v(kk ,1,., ;:-. t t\\b� i4�\\t ,\ \iil\\ifi: i It... .. , ! t.\� i\ \\ it,\ \t\\\ ,titi\,\ II LINLI IF ,:., t ::: 1�4 \\\ \i\\4ii \4.41 i \�;'1? ;t:t`iit ,, i\•\ . \,.lnti 'E ` �,. 4 ii ii„\1 , „ �tt �)..NQ�i�i,� ii�ii ii t\,\E�4ii i-: i* 300 30 • �•� 1�. 1•\t• � :..lt�tilkx .i\l+.11�t.:t •: ii-s.;. i\�lity\y \`:\;ti :�1� :�L \\i\\ti -‘: 9 f�,•,' irIp :\\\\i\tr-t \t f�.•;J1��%11J,1r �,\,\, .ik.\i Scale 1 =•30 f,<,J:(.<,f f.:C041C :r/fl4l:44 :,i\kl\* l,lti l i;:) ;,;cplve�l444 .i\i\l i�:'\iii /15.O�f 7.l�:i ll.:Ff7.," t.\<t'\i �t.14L 1..03.(0.0 r; l.I:!.uf f kkkik:, `„L` ti lll=ttt(tlC• '1tttii \\`* l' y .. 9.0. :'!4▪ :yM• :\i\�if.M.,,\\4.4 25-0 13/I6' if%%t Proposed : ,`-`, !`i.� �'i 1—Story :4i''k,:k r. I•iz.\\,, \t\�z. Brick Bldg. -k..\\ii t\t •° .is �4i�ttit! 'i \ ili �1tii\t:•f:t ,0. 4 ti• J ti3 f'f � `k\t'�11 tl\4 f,�t 1 : i0\3:q\%i 4•Ji , .? l ce ,:•• 'S,.�. 0_ .1.1 _ I s ; I a \i ::,'r r':...:,+:'4r- , 'ed/+lt f fdi::,J.f:r:i: 3ii O fif fl!l J1tkff1 flj lf. 4•i .fr.�:'r its ,0-0. 11' f 4•.,1l1 r / 11-,atie rl, N,-* o ss t/fees'/!!'Ji//.•,'.4 r•rt'ij!•r, r:cp..I ,/:,.\ ...tt /f flit: !!. ,• rf''l f 7:f9 r./;! ,:- ,. lt-, -j-,•:;•!.-l:,f!. ,��ff�j<-�Y/�G.lS'r�,r:,,fll.• �� ;i, % :f:r 4J1' /l,`Il qr/ / !f�'•'J:/1J t �cr:.JfS• f:r!' En flj:fi,f� ,:r./f.<f; r; l.,rj+Y-rljrr l ,, , ', • , t. ! ,.. 11 f \, .,ils:WA. +li',tag,el:Ruts(.!,64,g .;.6.,;.4 •'t,!! e e a n n u i S i ` � i ig ti1. �.1, 3'•O" i%.1 ;:• 3tr I b b 25'• 1 25'-0• J s e!as WALK 11r`.%'•07ilfrll:<i.,1iJt.Y1r1;.. b to q BLACKMON LANE Q:\PROJECTS\23049 -- 3590 Blackmon Lone\Civil\Drawings_Current\23049_CE_Slte_01.dwg Apr 17, 2023 04:50pm Landscape Plan - City of Beaumont - SUP Application SHT. NO. F�ttz�Sh�pman INC. PROJECT NAME: 3590 Blackmon Lane C2 Conedting Engineers and Land Surveyors Professional Plaza 1405 CORNERSTONE COURT,BEAUMONT,TEXAS Beaumont,Texas 77706 PROJECT NO. PH(409)032-7230 FAX(409)032-7303 23049 T.B.P.E.FIRM 91100 •T.X.L.S.FIRM II100186 ©COPYRIGHT 2023 FIT1Z R SHIPAfAN,INC. DATE: Apr 17, 2023 133 CP III '_ 1. III _ • IN:,:„---:-:----.---:::::::::::--- ,.„gig.:._,.:::.:. r, ,,...:T....,iv.. . 1111411‘11111 - Q.) Si VT ZD O 133 Sv.;"J}�='' •m-t�r"�J'�i� - +r 0 -_'�. J - N 3 -: - fJ! it „ . s. •�• • _ GCh .jf{1.j7 __ vrtiv -./:..Iv_ _ _. Y ram- _ '_-~__-•_-_ z \ Cl" Cad 41 } Y'Y ■ rr • ^v,V+r'• ^r }T ,e' s f?^:-X' "- z ` dJ•? - 'rrrr tr i .rr.s......c - 1 t Ihl Y J.. r�.e ■ . ■, . ■^r frC,ar;r. ��� ^ ^ .:�rlJfN y. -� f.••-•ala_.�1u•a'n (-}-__.--- J- •-_ _ _• _____________ Iy.. WAMA W'i� v - j.�1111t. lP .p= m 'Al v ! 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Ir 1 r t • t littr 1 t' 1 1 1• t 1 • .a.o..e..e. 114.111 Ile•kV 3580 BLACKMON LANE (02.433o ) PAGE,f BABSA LOT 2 ..r. =„. :: :::q _, • i"` • F T t 1 i A tIN t Ei-- .Eii-- , i ,. y , 4 s L I --- > .., ia, ma C\----1 ' )—Ell - .) . L: . 1 n n_ ____..__El 1 4. �.._. 't 1 3580 BLACKMON LANE (�`D"" P"`E.4 BASSA LOT 2 == = - = PZ2023-170: Request for a Specific Use Permit to allow a medical office in the RM-H (Residential iN Multiple Family—Highest Density) District. Applicant: Bernardino Tristan of Fittz & Shipman, Inc. Location: 3590 Blackmon Lane It1 0 100 200 I I I I Feet . —ip • , 4 ,71.W.41711 Cr- . . 4 : L e g e n d • , st IGCIWO ' • t s Tis,-.:A. .•, • , , PZ2023-170 i 1 • . , ....— 1 . --;. •• ir ., . I J.I,I r —--- —— .r-------- q.., , ) , • 1-,,N1. , ,' ', .t•' s '''; '. ,),,,, . , • . / I/ . . ,. ei, , . , • 1 N.' c• • % , . , • ,co,' L, , 1 ., , c , ••, I RM-H, ' , • G2 '--- --—- I 1 1 •Ve.47"...i.4 ,, ...a ' • . 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' . .• 1 ' V. ) 1' .4 V r ..::.'+4414 Wiii ,,,",t5. 4,t, , ,. 1 1/. , ,,1 , ,A.-,, ',,,i • ).:-..-....•ci• ' i "1)6'..i.' '. '.•7.-0'V...'"•al 1.111/1 i f 1 AWANifio V... f , • .‘ ' .*. ..1....1i Vir .''*.• 'qr., . . J i . t , 1 I i 1i. I ' . • . I I ap 1 RM-H 1 ; . D. EL AWARE OFFICE PLAZA i • - ' \ . • I I Exhibit "B" BEAUMONT Planning& Community Development Case Type:Planning and Zoning Case Status:REVIEW Case Sub Type:Specific Use Permit Tag Name:SUP to allow a medical office. Case if:PZ2023-170 Initiated On:4/17/2023 5:28:40PM Location:3590 BLACKMON LN 1/1, BEAUMONT, 77706 individuals listed on the record: Applicant Bernardino Tristan Home Phone: 4090327238 1405 Cornerstone Court Work Phone: Beaumont,TX 77706 Cell Phone: 4098939988 E-Mail: btristan@fittzshipman.com Property Owner Dr.Sujatha Goli&Dr.Anil Goli Home Phone: (409)299-9139 755 N 11th Street,Suite P3900 Work Phone: Beaumont,TX 77702 Cell Phone: E-Mail: heartandlung2014@gmaii.com Agent Bernardino Tristan Home Phone: 4098327238 1405 Cornerstone Ct Work Phone: Beaumont,TX 77707 Cell Phone: 4098939988 E-Mail: btristan@fitlzshipman.com • • Case Type:Planning and Zoning Page 1 of 2 Case#:PZ2023-170 Printed On:4/20/2023 ttFf BEAUMONT Planning& Community Development Legal Description on Lot 2, Blackmon Lane Professional Plaza(Vol 15 pg 162),A. Williams Survey Abstr.305 Number of Acres 0.43 Proposed Use Medical Office space That the specific use will be The proposed development will be a high quality engineered concrete compatible with and not Injurious to paving and brick one-story building. the use and enjoyment of other property,nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific The establishment of this facility will not impede the normal and use will not impede the normal and orderly development and improvement of the surrounding properties. 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(telephone,gas,electric)are available to the site. supporting facilities have been or will be provided The design,location and arrangement The proposed medical doctor office and parking facility will have low of all driveways and parking spaces volume of vehicular traffic on the adjacent streets. In addition,the provides for the safe and convenient design and location of the proposed driveways and parking spaces movement of vehicular and pedestrian will provide for safe and convenient movement of vehicular and traffic pedestrian traffic with adversely affecting the general public or adjacent development That adequate nuisance prevention The proposed facility will not have offensive order,fumes,dust,noise, measures have been or will be taken etc. to prevent or control offensive odor, fumes,dust,noise and vibration That directional lighting will be Future lighting for this site will be restricted to directional lighting provided so as not to disturb or proposed will be installed so as not to disturb or adversely affect adversely affect neighboring neighboring properties properties That there are sufficient landscaping Landscaping and screening are provided in accordance with City of and screening to insure harmony and Beaumont ordinances. compatibility with adjacent property That the proposed use is in This proposed use presents no conflicts with or deviations from the accordance with the Comprehensive City of Beaumont Comprehensive Plan Plan Notes: Case Type:Planning and Zoning Page 2 of 2 Case 11:f Z2023-170 Printed On:4/20/2023 Fittz&Shipman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,RE.,R.P.L.S.(1948-1987) Terry G.Shipman,P.E.,Senior Consultant Daniel A.Dotson,P.E.,President Bernardino D.Tristan,P.E.,Chief Executive Officer Donald If.King,P.L.,Vice President April 17,2023 Mr.Chris Boone Planning Department City of Beaumont P. O. Box 3287 Beaumont,Texas 77701 RE: Request for Specific Use Permit FS Proj. No. 23049 Proposed Medical Doctor Office 3590 Blackmon Lane, Beaumont,Texas Dear Mr. Boone, This letter is sent as a request for a Specific Use Permit for the construction of a new medical doctor's office on Lot 2, Blackmon Lane Professional Plaza (Address 3590 Blackmon Lane) within a Residential Multiple-Family Dwelling— Highest Density (RM-H) District for the Heart& Lung Center of Southeast Texas which Is currently located at 755 N 11th Street, Suite P3900 in Beaumont. OWNER: Heart&Lung Center of Southeast Texas 755 N 11th Street, Suite P3900 Beaumont,Texas 77702 ATTN: Dr. Sujatha Goli Dr.Anil Goli (409)299-9139 heartandlung2014@gmail.com Proposed one-story medical office building with concrete parking area & landscaping is proposed to be constructed on Lot 2, Blackmon Lane Professional Plaza (Vol 15 pg 162), A. Williams Survey Abstr. 385. The proposed development area is located on the north side of Blackmon Lane. The entire Blackmon Lane Professional Plaza subdivision is located in the Residential Multiple-Family Dwelling— Highest Density (RM- H) District. Vacant lots to the east are zoned General Commercial Multiple-Family Dwelling-2(G-2) District. Construction will consist of brick one-story building, 13 total parking spaces, entry drives paving, sidewalks landscaping&fencing, and drainage swales. • 11 parking spaces+2 ADA spaces will be added • Sidewalks are being added along the north side of Blackmon Lane Street and along the east side of Blackmon Lane Professional Plaza private drive. • A 7 foot landscape buffer will be Installed along the west side to separate the parking from the existing commercial tracts to the west areas along Blackmon Lane Professional Plaza drive. • A 10 foot wide landscape buffer and privacy fence will be provided on the south and east side of the parking to separate this area from Blackmon Lane,as required by Beaumont Landscape Ordinance. 1405 Cornerstone Court• Beaumont,Texas 77706• (409)832-7238•fax(409)832-7303 Tx Board of Prof Engineers Firm No.F-01160•Tx Board of Prof Land Surveyors Firm No.100186 A Texas NUB Certified Company Mr.Chris Boone Request for Specific Use Permit April 17,2023 Heart& Lung Center of Southeast Texas Page 2 3690 Blackmon Lane In Summary, 1. The proposed development will be a high quality engineered concrete paving and brick one-story building. 2. The establishment of this facility will not impede the normal and orderly development and improvement of the surrounding properties. 3. Adequate utilities, access roads, drainage and other necessary supporting facilities (telephone, gas, electric)are available to the site. • 4. The proposed medical doctor office and parking facility will have low volume of vehicular traffic on' the adjacent streets. In addition, the design and location of the proposed driveways and parking spaces will provide for safe and convenient movement of vehicular and pedestrian traffic with adversely affecting the general public or adjacent development. 5. The proposed facility will not have offensive order, fumes,dust, noise,etc. 6. Future lighting for this site will be restricted to directional lighting proposed will be installed so as not to disturb or adversely affect neighboring properties. 7. Landscaping and screening are provided in accordance with City of Beaumont ordinances. 8. This proposed use presents no conflicts with or deviations from the City of Beaumont Comprehensive Plan. Attachments CSK-1 &CSK-2 Heart&Lung Center of Southeast Texas, Dimensional Site Plan and Landscape Plan—8.5"x 11"(2 Sheets) Pages 1 -4 Heart&Lung Center of Southeast Texas, Floor plan and Building Elevations—24"x 36"(4 Sheets) If you have any questions or need additional information, please feel free to contact me at(409) 832-7238. Sincerely, Fittz&Shipman,Inc. 12)e. //))F.61.,_ by: Bernardino D.Tristan. P.E., Project Engineer for the Firm . 230401t01 specific use letler.doc Fittz&Shipman, Inc. 5 May 23, 2023 Consider a request for a Specific Use Permit to allow a parking lot in the RM-H (Residential Multiple Family-Highest Density) District for property located at 3 Acadiana Court. BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: May 23,2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a parking lot in the RM-H(Residential Multiple Family- Highest Density)District for property located at 3 Acadiana Court. BACKGROUND Zach Rowe of Leavins Engineering and Design, L.L.C. requests approval of a Specific Use Permit to allow a parking lot located at 3 Acadiana Court. The parking lot will be intended to serve as additional parking to the medical office located at 8 Acadiana Court,just east of the proposed development. The lot will consist of eight(8)parking spaces abutting the private street. At a Joint Public Hearing held on May 15, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a parking lot in the RM-H (Residential Multiple Family-Highest Density) District for property located at 3 Acadiana Court; with the following condition: 1. No permanent structures or appurtenances shall be placed within the easement property. The City will not be responsible for any surface restoration when water repairs are necessary within the City of Beaumont water line easement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following condition: 1. No permanent structures or appurtenances shall be placed within the easement property. The City will not be responsible for any surface restoration when water repairs are necessary within the City of Beaumont water line easement. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 3A Replat of Lot 3, Acadiana Court Addition, Beaumont, Jefferson County, Texas, containing 0.371 acres, more or less. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PARKING LOT IN A RM-H (RESIDENTIAL MULTIPLE FAMILY- HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3 ACADIANA COURT IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Zach Rowe of Leavins Engineering and Design, L.L.C. has applied for a specific use permit to allow a parking lot in a RM-H (Residential Multiple Family — Highest Density) District for property located at 3 Acadiana Court, being Lot 3A Replat of Lot 3, Acadiana Court Addition, Beaumont, Jefferson County, Texas, containing 0.371 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 parking lot in RM-H (Residential Multiple Family — Highest Density) District for property located at 3 Acadiana Court, subject to the following condition: 1. No permanent structures or appurtenances shall be placed within the easement property. The City will not be responsible for any surface restoration when water repairs are necessary within the City of Beaumont water line easement; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a parking lot 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 medical office in a RM-H (Residential Multiple Family — Highest Density) District for property located at 3 Acadiana Court, being Lot 3A Replat of Lot 3, Acadiana Court Addition, Beaumont, Jefferson County, Texas, containing 0.371 acres, more or less, as shown on Exhibit "A," is hereby granted to Zach Rowe of Leavins Engineering and Design, 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 condition: 1. No permanent structures or appurtenances shall be placed within the easement property. The City will not be responsible for any surface restoration when water repairs are necessary within the City of Beaumont water line easement. 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 23rd day of May, 2023. - Mayor Roy West- . I—, ,'i -r, 4 ---ti, ...,...4.11,--,_ ji/Iii.:1,,......„,:;-.....,....3,.77, ........I.T.71. 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' . :•:::.:_,....7F . .., :-. :2 PROPOSED PARKING i a LOT 3A,ACADIANA COURT 1.• CF NO.2009003065,MR-IC CURVE I RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE 4 Cl 135.00. 27.21' 26.53' S 31-04'30" E 44-32'23 DAM APR&20221 DR trt:NC I SCALE: 1-....10' - C2 20.00 19.98' 19.16' N 2443'09 W 571504- INNIS 1 C3 160.17' 51.68' 51.46' S 13.09'03n W 1529'21" i C4 187.08 172.26' 71.81' NI 11'12'20" E I 2707•45' g. e LEAVINS ENGINEERING C.DESIGN,LLC 41 TM,:r:Nctvteno:c Pr,WI. ..r-...—•2.7 2.=o It*.SIU FWT.ccAumow-r T .O 77713 4.10-022-041-1 1 Lr_A.,1-1.e.-COM 1 PZ2023-171: Request fora Specific Use Permit to allow a parking lot in the RM-H (Residential N Multiple Family Dwelling—Highest Density) District. Applicant: Zach Rowe of Whiteley Oliver Engineering, L.L.C. j,ia., Location: 3 Acadiana Court 0 100 200 A. I 1 I I Feet 1 • \I ' \ lLeenc1.-_' t Loclatlon ap DELAWARE OFFICE PLAZA i ; ,,,,,,,,l.41:14''', — 4 an . j . t• • . ( ' ` R-S I ,. . r 1 1 1 Si, ve}(,l iitlli , l , ,L, P A : _ • . R±. . 1 __, , .. . ::..ii:li f' . -- 1 i 11. flTrrT\ Exhibit "B" BEAUMONT Planning& Community Development Case Type:Planning and Zoning Case Status:REVIEW Caso Sub Type:Specific Use Permit Tag Name:SUP to allow a parking lot. Case//:PZ2023-171 Initiated On:4/14/2023 10:20:53AM Location:3 ACADIANA CT,BEAUMONT,77706 Individuals listed on the record: Applicant Zech Rowe Home Phone: 409-592-0421 3250 Eastex Freeway Work Phone: Beaumont,TX 77703 Cell Phone: 409.655-8311 E-Mail: zrowe@leadlic.com Property Owner Eric Edwardson Home Phone: Missing Address,City,State,or Zip Code in People Work Phone: Cell Phone: E-Mall: Case Type:Planning and Zoning Page 1 of 2 Casa it:PZ2023-171 Printed On:4/25/2023 BEAUMONT Planning & Community Development Legal Description Lot 3A,Acadiana Court,CF No.2003003065 Number of Acres - 0.37 Proposed Use Parking Lot That the specific use wilt be • The proposed parking lot will conform to the existing pattern of compatible with and not injurious to development within the office park,enhancing the locale without the use and enjoyment of other being injurious to the use and enjoyment of other properly,nor property,nor significantly diminish or significantly diminish or impair property values within the Immediate impair property values within the vicinity. Immediate vicinity That the establishment of the specific • The subject lot Is the last remaining undeveloped tot within the use will not impede the normal and office park. The establishment of the specific use will not impede the orderly development and Improvement normal and orderly development and improvement of surrounding of surrounding vacant properly; vacant property,as the development of this lot follows with the development concept of the existing establishments in the vicinity. That adequate utilities,access roads, • No utilities are required for the current proposed use. However, drainage and other necessary there are existing and adequate utilities,access roads,drainage and supporting facilities have been or will other necessary supporting facilities currently present at the site. be provided The site is located along Acadiana Court,which has storm water facilities,water,sewer,gas and electric utilities present at the site. The design,location and arrangement • As shown on the attached site plan,the design,location and of all driveways and parking spaces arrangement of all driveways and parking spaces provide for the safe provides for the safe and convenient and convenient movement of vehicular and pedestrian traffic without movement of vehicular and pedestrian adversely affecting the general public or adjacent development. traffic That adequate nuisance prevention • There will be no offensive odor,fumes,dust,noise or vibration measures have been or wilt be taken caused by the proposed use of this site as a parking tot. to prevent or control offensive odor, fumes,dust,noise and vibration That directional lighting will be • All proposed ensile lighting will be direct In nature so as not to provided so as not to disturb or disturb or adversely affect neighboring properties.Appropriate adversely affect neighboring measures will be taken to mitigate adverse effects on the nearby properties properties. That there are sufficient landscaping • Landscaping and screening will be provided in accordance with and screening to insure harmony and the appropriate City requirements to ensure harmony and compatibility with adjacent property • compatibility with the adjacent properties. That the proposed use Is in • The proposed use is In accordance with the Comprehensive Plan accordance with the Comprehensive and will assist in further development of the West End of Beaumont. Plan Notes: Case Type:Planning and Zoning Pape 2 of 2 Case it:PZ2023-171 Printed On:4/25/2023 Ronald K. Risinger 3 Acadiana Court Beaumont, Texas 77706 April 24, 2023 City of Beaumont Planning Division 801 Main Street, Beaumont,Texas 77701 ATTN.: Demi Engman Planning Manager REF.: Specific Use Permit 3 Acadiana Court Dear Ms. Engman: Please find attached the Specific Use Permit Application along with a site plan for the above referenced property. Ronald K. Risinger proposes to construct an eight (8) stall parking lot within the 0.3705- acre Lot 3A of the Acadiana Court subdivision. The following comments address the eight conditions stipulated by the City's Specific Use Permit application: • The proposed parking lot will conform to the existing pattern of development within the office park, enhancing the locale without being injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. • The subject lot is the last remaining undeveloped lot within the office park. The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property, as the development of this lot follows with the development concept of the existing establishments in the vicinity. • No utilities are required for the current proposed use. However, there are existing and adequate utilities, access roads, drainage and other necessary supporting facilities currently present at the site. The site is located along Acadiana Court, which has storm water facilities, water, sewer, gas and electric utilities present at the site. • As shown on the attached site plan, the design, location and arrangement of all driveways and parking spaces provide for the safe and convenient movement of Page 1 of 2 vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. • There will be no offensive odor, fumes, dust, noise or vibration caused by the proposed use of this site as a parking lot. • All proposed onsite lighting will be direct in nature so as not to disturb or adversely affect neighboring properties. Appropriate measures will be taken to mitigate adverse effects on the nearby properties. • Landscaping and screening will be provided In accordance with the appropriate City requirements to ensure harmony and compatibility with the adjacent properties. • The proposed use is in accordance with the Comprehensive Plan and will assist in further development of the West End of Beaumont. If you have any questions or need additional information,please contact me at (409)-892-0421. Sincerely, Zachary Rowe Senior Project Manager Leavins Engineering&Design, LLC Page 2 of 2 6 May 23, 2023 Consider a request to Rezone properties from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single-Family Dwelling) District for a 1.207 tract of land located at 11375 Old Voth Road. BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a request to Rezone properties from GC- MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District for a 1.207 tract of land located at 11375 Old Voth Road. BACKGROUND Access Surveyors, on behalf of Bobby Parham, Jr., is requesting a zone change to a 1.207 acre tract of land located at 11375 Old Voth Road. They would like to rezone the property from GC- MD (General Commercial—Multiple Family Dwelling)to RS (Residential Single Family Dwelling). If granted,the property owner will use the portion of land to demolish a dilapidating home and rebuild with a new home. Should the new home be the second dwelling on one residential single family lot, a Specific Use Permit may be required. According to our City's Comprehensive Plan the property is located within the "Neighborhood Growth"area. "Development of neighborhood growth units...would provide for a diversity of housing types with at least some mixing of land uses, generally on a main street commercial area fronting a community commons, but also under special conditions within residential areas... " This request appears to align with our City's Comprehensive Plan of Beaumont and is consistent with surrounding mixed uses. At a Joint Public Hearing held on May 15, 2023, the Planning Commission recommended 6:0 to approve the request to Rezone properties from GC-MD (General Commercial-Multiple Family Dwelling)District to RS (Residential Single Family Dwelling) District for a 1.207 tract of land located at 11375 Old Voth Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 1.207 acre tract of land lying in the WESLEY DYKES SURVEY, Abstract No. 17, Jefferson County, Texas, being a part of 3 tracts of land described in an instrument to Bobby Parham, Jr. of record in Clerk's File Number 2022041595, 202202544, and 2021039483, of the Official Public Records of Jefferson County, Texas (OPRJCT), said 1.207 acre tract of land being more particularly described as follows: BEGINNNING at a capped rod stamped"Access Surveyors" found in the West right-of-way line of Old Voth Road marking the Southeast corner of a tract of land described in an instrument to Thomas & Chris Forcier recorded in CF 2020008566 of said public records,the Northeast corner of said tract recorded in CF 202202544, and being the Northeast corner of the herein described tract; THENCE South 11°05'59" East along the West right-of-way line of said Old Voth Road,the East line of said tract recorded under 202202544, and the East line of the herein described tract, a distance of 98.24 feet,to a capped rod stamped"Access Surveyors"marking the Southeast corner of said tract recorded under 202202544, the Northeast corner of said tract recorded under CF 2021039483, and the Easterly corner of the herein described tract; THENCE South 86°57'O1" West along the common line of said tracts recorded in CF 202202544 and CF 2021039483, over and across said tract recorded in CF 202202544, and along the Easterly South line of the herein described tract,a distance of 165.39 feet,to a capped rod stamped"Access Surveyors"marking an interior corner of the herein described tract; THENCE South 10°59'27" West over and across said tracts recorded in CF 202202544 and CF 2022041595, along the Southerly East line of the herein described tract, a distance of 201.77 feet, to a capped rod stamped"Access Surveyors"marking a point in the North line of a 5.775 acre tract of land described in an instrument to GK Hospitality Development, LLC, recorded in CF 2022012722 and the South line of said tract recorded under CF 2022041595, being the Southeast corner of the herein described tract; THENCE South 87°01'29" West along the North line of said GK Hospitality Tract,the South line of said tract recorded under CF 2022041595, and the South line of the herein described tract, a distance of 201.79 feet, to a 2" pipe found lying in an Easterly line of a tract of land described as PID No. 128186 of the Jefferson County Appraisal District, being under the ownership of the Lower Neches Valley Authority (LNVA), marking the Northwest corner of said GK Hospitality Tract,the Southwest corner of said tract recorded under CF 2022041595, and being the Southwest corner of the herein described tract; THENCE North 18°20'25" East along an Easterly line of said LNVA Tract, the West line of said tract recorded under CF 2022041595, the West line of said tract recorded under 202202544, and the West line of the herein described tract, a distance of 318.61 feet, to a 1" pipe found marking the Southwest corner of said Forcier tract, the Northwest corner of said tract recorded under CF 202202544, and being the Northwest corner of the herein described tract; THENCE North 86°54'46" East along the South line of said Forcier Tract, the North line of said tract recorded under CF 202202544, and the North line of the herein described tract, a distance of 209.34 feet, to the POINT AND PLACE OF BEGINNING, containing 1.207 acres of land, 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 11375 OLD VOTH ROAD, 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 RS (Residential Single Family Dwelling) District for property located at 11375 Old Voth Road, being Wesley Dykes Survey, Abstract No. 17, Beaumont, Jefferson County, Texas, containing 1.207 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 23rd day of May, 2023. - Mayor Roy West - mT*C...noa.n.Oa.t.atT.rern 1.1e4..94.1.074er•C CO«Wn tQ' . Plat of re...air Mier« =3 la a.Cb I.ah...w:who C«wJ«•«a..eb«cwe...t'... \ \;:l. • n,ww:.n..�.o.w«a ,tCCOCturr "e"«' A Minor Plat of 3 Tracts of land ...... n -,-r-^•-^r.^n ,... I described in inst.^utacu to Bobby Parham Jr_ e..r,0....,,.r.«.....4,-...C.....r .«w o.r h.a...«....«...a 1 being those certain t acts of land recorded in CF 2022041595 • h h.VoWlerSO«......«. .. rsm..o.,Only.. rO.V. ' CF 202202544.and CF 20210394S3e • E into Lou I&2.located in the " "'" "'""`""'"'` "'"" Lori fsm City of Beaumont,Texas , lying in the Wesley Dykes Survey.A-17. .. 1 in Jefferson County,Texas I 1 c€1 i Vicinity.uac • It. 1y 1 i ,,,0 ..00 0...... 11 1.100 Amoy ' 1111111h....' 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CO*.Jar...,.JwJJ.O..« MI r r ar-—aren MC e+a.«.(VP)onaC rr..ash¢ •...nos...«.«w-rah«,... 4....-se-rsew-g"Awn.* 4.MOM Am Ns SPLIIM • "Exhibit A" PZ2023-178: Request for a Rezoning from GC-MD (General Commercial - Multiple Family N Dwelling) to RS (Residential Single Family Dwelling) District. Applicant: Access Surveyors Location: 11375 Old Voth Road 0 100 200 I 1 I I Feet .,,,41v.,''''.-i,.,,: : ' 1 ,,;,it . , 'k Y h ;‘ PZ2023-178 4,„ - 1 •+ tit i' •' • si . „ \,. \ - '- j04 +`` /d '• t GC-MD tP 1 .4R-S C ' ///// ////%i .l ;. rC�,C- MD ', ti l 1 # Ad '„ ,, e ' , ( = . •' t 4 .r....y • • ., ' :,':',•41f..''4''' -. c • *. r . 'V, , • , .„ , 1 , , • .• ' , • . \ I,. Exhibit "B" BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type:Rezone Tag Name:Rezone 1.207 acres from GC-MD to R-S Case ft: PZ2023-178 Initiated On:4/19/2023 8:12:34AM Location: 11375 OLD VOTH RD,BEAUMONT,TX Individuals listed on the record: Applicant Access Surveyors Home Phone: 4098386322 11025 Old Voth Road Work Phone: Beaumont,TX 77713 Cell Phone: 4997904832 E-Mall: rpls5163@aol.com Property Owner Bobby Parham,Jr. Home Phone: 11375 Old Voth Road Work Phone: Beaumont,TX 77713 Cell Phone: 4096582129 E-Mall: usmarine881@aol.com Legal Description Portion of PID No.'s 128259,128403,120175. -Proposed Lot 2 of Soggy Bottoms Addition Number of Acres 1.21 Proposed Use Residential(Rebuild home lying In GC-MD) Notes: • Case Type:Planning and Zoning Page 1 of 1 Case if:PZ2023-170 Printed On:4/19/2023 IY►-'�B �s cce- Commercial Residential • Industrial Surveyors, LIE Finn No. 10136400 April 19, 2023 City of Beaumont Planning&Community Development Department 801 Main,Suite 201 Beaumont,Texas 77701 Attn: Chris Boone—Director Ref: Rezone Application- 1.207 acres lying in the Wesley Dykes Survey,A-17,Jefferson County,Texas Owner Info: Bobby Parham,Jr. 11375 Old Voth Road, Beaumont,Texas 77713 (409)658-2129 Mr. Boone: The purpose of this Rezone application is to remove a 1.207 acre tract of land out of Commercial GC-MD zone, and place it into Residential R-S zone.There is an existing dilapidated house that our client, Bobby Parham,Jr., would like to replace with a new home. I have attached a preliminary plat of Soggy Bottoms Addition for reference that was submitted to the planning office yesterday for reference.The tract that is hoped to be rezoned is Lot 2. If there are any questions or comments, please call. Thank You, Colby Brackin (409)790-4832 Pagc 1 of 2 11025 Old Voth Road, Beaumont,Texas 77713 Office: (409)838-6322 Fax: (409)838-6122 Email: rpls5163@aol.com Web:www.access-surveyors.com 7 May 23, 2023 Consider a request for an abandonment of the alleyway in Block 10 of the Van Wormer Addition located within the 700 Block of Archie Street. BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a request for an abandonment of the alleyway in Block 10 of the Van Wormer Addition located within the 700 Block of Archie Street. BACKGROUND The City of Beaumont is requesting to abandon the alleyway within the 700 block of Archie Street. The alley is 20' x 300' and the Saint Anthony's Cathedral Basilica was built over it years ago. Therefore, abandonment of this alley would resolve further issues regarding expansion over it for the Diocese should they choose to do so. At a Joint Public Hearing held on May 15, 2023, the Planning Commission recommended 6:0 to approve the request for an abandonment of the alleyway in Block 10 of the Van Wormer Addition located within the 700 Block of Archie Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. LEGAL DESCRIPTION OF THE RIGHT-OF-WAY FOR ORDINANCE PURPOSES BEING all of that certain 20 feet wide alley in Block 10 of the Van Wormer Addition,a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 16, Map Records, Jefferson County, Texas bounded on the Northeast by the Southwesterly right-of-way line of Jefferson Street and bounded on the Southwest by the Northeasterly right-of-way line of Archie Street. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 20' x 300' ALLEYWAY IN BLOCK 10 OF THE VAN WORMER ADDITION LOCATED WITHIN THE 700 BLOCK OF ARCHIE STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City of Beaumont Planning Department has requested the abandonment of the alleyway in Block 10 of the Van Wormer Addition located within the 700 Block of Archie Street, City of Beaumont, Jefferson County, Texas; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion it is in the best interest of the City and should be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT the abandonment of the alleyway in Block 10 of the Van Wormer Addition located within the 700 Block of Archie Street, City of Beaumont, Jefferson County, Texas, is in the best interest of the City and should be granted. 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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OHOUP 7:- ' .. ekje-feL„ •$•••!• -,,A.4).1-4)-i.q.1.,1 ....Ix j.ft,s. . „.s_... 24. 018 SERVIO G 8 WWW,WIIITELEYIIIFRA,001,1 I. •.-''k •::;'''',• '''-'. ‘,4 • . .,iftgt%eilv11-4fi-0..i-2. 1."'Irl'• <>'( ‘,- --:::_c.., ..'N-,,,.;.. (...t. .6,40v4 ,.s,;- :* /40'pl,?,•,. .gam' . Ilde.i i,,, • 4, .4.11•.k., .. .. • Nff..,i.g,470•.‘4..•-;;..4..• .•.:6 ,-qii f 4 --.i,- 400•802.0421 .....P414 *`•_,43.45' sys: ...•, . "•44414 1/014.r",i1"4 it.e'• Nre. <II/••• t'',,4 A ` 7/ t"7-:•-:"": ..':CY ili......• ):: -•••••:••:.,-. ,.t,.3)• ,,. .....,..i.....„,...-ti. i.?.13-4070).,!/,;;,....4*,ii.,,i;. -•;,.•:.:trysi,,,i1.:.•4%0•••:-•• v •••. •• ...y_...,,....i ,..%,.../k.s...,-, "Exhibit A" 20 Feet Wide Alley Abandonment Block 10 Van Wormer Addition Volume 1,Page 16,Map Records 13oaumont•,Jefferson County,Texas IiF NG all of that certain 20 feet wide alley in Block 10 of the Van. Wormer Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1,Page 16,Map Records,Jefferson County,Texas bounded on the Northeast by the Southwesterly right-of-way line of Jefferson Street and bounded on the Southwest by the Northeasterly right-of-way lino of Archie Street, • • EXHIBIT"A° Pap 1 of WillTIt1.ifY INFRAS''RULTUfB GROUP • • • APPLICATION POR PUBLIC RIGHT-OP-WAY,ALLEY OR UTILI'ITY EASEMENT ABANDONMENT • Application Ownership List Date: ' g2 3 We,the undersigned,being the sole owners of all the property abutting the proposed Abandonment of B!Od Io Vow\ Morrner / V v x `L^ AI I ( ) ,hereby respectfully petition that the right-of.way,alley,or utility easement be closed and abandoned. OWNER and ADDRESS Lot B3ic Addition • • iu I oG e of E3ea u_rv. (tract) (tax plat) (survey) M75'3� h!- 9F. LI i 12- !o \ afl 1V r • • • • • NOTE: Please print or type your name and then use signature, Separate sheets quay he used. 'PZ2023-175: Request to abandon the alleyway in Block 10 of the Van Wormer Addition. N Applicant: City of Beaumont Location:753 Archie Street 0 100 200 I 1 I I Feet •••��t �,'\ ceo • \ Leg •en'd i��, i Yr,iP . ;�' y• ROR / is •. ,, :4:42 PZ2023-175• ►; a u. • : •, , ' / •45' \\''s ../ 5 �• .{3f,`i� • (, Fi ,. jug. .44 ‘ , ,, \ • , , 4/11 \ RC ,., , '- .. ..°; R CR <94p / } •, A ao°'/ 4 A o°®: i i'''''' ' •/0+•+'I 1•') • f j tret4„. •a ' '- ���° :\ IF ''4' It:', ir .;,,, .„. \''''''' ''-\.,' :.,:, 111PrA(1.;‘,, ,� i,, ,k; .. % t i f 'l ` ► . '''';r:1'6:41:4L:161-(4-"les%:\.*.\'-:\‘‘..41‘...,:i.:_,:`,0, ......'? ''''. ,' .‘'''ll 1'4 4 7:1 4 . , . , ii .0 ': lei ,.-,\ RCR ' ` . . ,s ,..,. . i, v,,,..,,,', , ..„..titi,.13:11t1 - it...t,,/ f\ r Ai Exhibit "B" BEAUMONT Planning&Community Development . Case Type:Planning and Zoning Case Status:REVIEW Case Sub Typo:Abandonment Tag Name:Abandon Alleyway in Block 10 Van Case 0:PZ2023-175 Wormer Addition Location:753 ARCHIE ST, BEAUMONT, TX Initiated On:4/19/2023 8:48:14AM Individuals listed on the record: Applicant City of Beaumont Home Phone: Missing Address,City,State,or Zip Code In People Work Phone: 409-080-3100 Cell Phone: E-Mail: antoinetie.hardy@beaumonttexas.gov Flood Zones Flood Zone X Construction Type . Occupancy Type Fire District Notes: Case Type:Planning and Zoning Page 1 of 1 Case/k PZ2023-175 Printed On:4/20/2023 EAU ® TInteroffice Memorandum City of Beaumont TEXAS Public Works/Engineering • Dale: April 18, 2023 TO: Demi Engman, Planning Manager FROM: Bart Bartkowialc, Director of Public Works D•13 SUBJECT: Alley Abandonment--Block 10, Van Wormer Addition COMMENTS The 20' alley should have been abandoned before the cathedral was built. In order to clear up the Issue, the City must abandon the alley. if you have any questions, please give me a call at (409) 880-3725. Thank you for your cooperation. 8 May 23, 2023 Consider authorizing the Chief Magistrate the authority to dispose of unadjudicated Class C misdemeanor cases 15 years and older pursuant to Tex. Code Crim Proc. Art. 103.0081. BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams City Manager PREPARED BY: Judge Craig Lively, Chief Magistrate MEETING DATE: May 23, 2023 REQUESTED ACTION: Consider a resolution authorizing the Chief Magistrate the authority to dispose of unadjudicated Class C misdemeanor cases 15 years and older pursuant to Tex. Code Crim Proc. Art. 103.0081. BACKGROUND At present, Beaumont Municipal Court has both unadjudicated and adjudicated Class C misdemeanors going back to 1994. Unadjudicated cases have yet to go through the judicial process and have no final judgment while adjudicated cases have completed the judicial process and have a final judgment. The Tex. Code Crim Proc. Art. 103.0081 provides that upon a finding by the Court that after a finding that: 1. the defendant is deceased; 2. the defendant is serving a sentence for imprisonment for life or life without parole; 3. the fine, reimbursement or other fee, or item of cost has been unpaid for at least 15 years; then the Court may order the Court Administrator to designate the fine, fees, or other items of expense as uncollectable. There are approximately 17,000 unadjudicated that are 15 years or older. In many of these cases, the City would not be able to reach its burden of proof to achieve a conviction due to the age of the case. FUNDING SOURCE Not applicable. 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 allow the Chief Magistrate the authority to dispose of unadjudicated Class C misdemeanor cases fifteen (15) years and older pursuant to Tex. Code Crim Proc. Art. 103.0081. 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 23rd day of May, 2023. - Mayor Roy West - 9 May 23, 2023 Consider approving the sale of City-owned property identified as PLAT K Tract 3 D Brown Addition 12' x 199', located on St. Anthony Street, Beaumont, Texas BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a resolution approving the sale of City-owned property identified as PLAT K Tract 3 D Brown Addition 12' x 199', located on St. Anthony Street, Beaumont, Texas. BACKGROUND Information about the sale of this property was provided to six potential bidders, advertised in the local newspaper, and on the City's web page. A minimum bid of four hundred ten dollars ($410) was required to meet the appraised value. One response was received from Archie Lee Gamble Jr. of Beaumont in the amount of five hundred dollars ($500). The description of the property is as follows: Property ID: 124122 Address: Left of 2388 St. Anthony Street Legal: PLAT K Tract 3 D Brown Addition 12' x 199' Zoning: RMH, RM-R Residential Multiple Family Dwelling—Highest Density District. Acreage: 0.0548 Acre Tract. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for the sale of City-owned property identified as PLAT K, Tract 3, D Brown Addition, 12'x 199', located on St. Anthony Street, Beaumont, Texas; and, WHEREAS, a minimum bid of four hundred ten dollars ($410.00) was required; and, WHEREAS, one response was received from Archie Lee Gamble Jr. of Beaumont, Texas in the amount of five hundred dollars ($500.00); 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 allow the sale of City- owned property identified as PLAT K, Tract 3, D Brown Addition, 12'x 199', located on St. Anthony Street, Beaumont, Texas to Archie Lee Gamble Jr. in the amount of five hundred dollars ($500.00). The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of May, 2023. - Mayor Roy West - I 0 May 23, 2023 Consider authorizing the acceptance of a 100 square feet Exclusive Water Utility Easement. BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a 100 square feet Exclusive Water Utility Easement. BACKGROUND San Antonio Television, LLC,has agreed to convey a 100 square feet exclusive Water Utility Easement to the City of Beaumont. The easement is described as being 100 square feet out of the South one-half of Block 3 also known as Lot 3 of the J.H.Langham Subdivision,situated in the C. Williams Survey,Abstract 59. The water utility easement is related to the construction of a new television station located at 6320 Walden Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOULTION NO. BE 1T RESOLVED BY THE CITY, COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, San Antonio Television, LLC, has agreed to convey a one hundred (100') square foot wide exclusive Water Utility Easement to the City of Beaumont. The easement is described as being 100 square feet out of the South one-half of Block 3 (also known as Lot 3) T.H. Langham Subdivision, situated in the City of Beaumont. The easement is for the construction of a new television station located at 6320 Walden Road, the agreement is substantially in the form attached hereto as Exhibits "A," and "B," respectively, and made a part hereof for all purposes; and, WHEREAS, the City Council has considered the purchase of said easement and is of the opinion that the purchase of said easement is necessary and desirable and that same should be accepted. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT said above-described easement purchased from San Antonio Television, LLC, be and the same is hereby, in all things accepted. 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 23rd day of May, 2023. - Mayor Roy West - I 4 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § WATER UTILITY EASEMENT THAT,SAN ANTONIO TELEVISION,LLC,a Maryland limited liability corporation, hereinafter called "GRANTOR",whether one or more,for and in consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas,hereinafter called "GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged,has GRANTED, SOLD and CONVEYED,and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT,P. O. Box 3827,Beaumont, Texas 77704,Jefferson County,Texas,its successors and assigns, an Exclusive Water Utility Easement and the exclusive right to construct,alter,and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over,in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A&B",attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating,repairing,rebuilding,replacing,relocating,and/or removing water lines and appurtenances,and the following rights are also hereby conveyed collectively,the"Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid,and giving said City the right and privilege to improve, maintain and operate "Exhibit A" the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. GRANTEE shall not be responsible for the repair and replacement of any paving or other structures within.the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of ,2023. GRANTOR: SAN ANTONIO TELEVISION,LLC a limited liability corporation By: Printed Name: David Bochenek Title: SVP,Chief Accounting Officer €y� 1I Ft • ACKNOWLEDGMENTS STATE OF MARYLAND § COUNTY OF BALTIMORE§ This instrument was acknowledged before me on this the day of 2023,by David Bochenek, SVP Chief Accounting Officer of San Antonio Television, LLC, a limited liability corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of 2023. Notary Public, State of Maryland • RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O.Box 3827 Beaumont,TX 77704 EXHIBIT "A" Legal Description: 100.00 Square Feet Exclusive Water Utility Easement Out of and Part of Block 3 T.H.Langham Subdivision Volume 1,Page 17,Map Records C. Williams Survey,Abstract No. 59 Beaumont,Jefferson County,Texas BEING a 100.00 Square Feet exclusive water utility easement situated in the C. Williams Survey, Abstract No. 59,Jefferson County,Texas and being out of and part of the South one-half of Block 3 (also known as Lot 3) of the T.H. Langham Subdivision, a subdivision of the City of Beaumont, Jefferson County,Texas,according to the plat thereof recorded in Volume 1,Page 17,Map Records, Jefferson County, Texas and being out of and part of that certain called 3.564 acre tract of land as described in a"Special Warranty Deed" from Constantine S. Megas to San Antonio Television,LLC as recorded in Clerk's File No. 2021033170, Official Public Records of Real Property, Jefferson County, Texas, said 100.00 square feet exclusive water utility easement being more particularly described as follows: • NOTE: All bearings are referenced to the West line of the above referenced 3.564 acre San Antonio Television, LLC tract as NORTH 00°22'26" WEST as recorded in the above referenced Clerk's File No. 2021033170, Official Public Records of Real Property, Jefferson County, Texas. All set 5/8" iron rods set with caps stamped "Whiteley" COMMENCING at 1" iron rod found for the Northwest corner of the said 3.564 acre San Antonio Television,LLC tract,said corner being the Southwest corner of that certain tract of land being called the North one-half of Block 3 of the T.H.Langham Subdivision as described in a "Special Warranty Deed" from Ima Jean Hebert, Sharon Hebert Mouton, Margaret Elizabeth Hebert Allen and Carolyn Hebert Droddy to W.A.Hebert,III and wife,Bessie W.Hebert and Clyde D.Hebert and wife,Tedine S. Heber, and Margaret Hebert Callaway as recorded in Volume 2288, Page 342, Deed Records, Jefferson County,Texas and being in the West line of the said Block 3 and the East right-of-way line of Langham Road(unimproved); THENCE SOUTH 00°22'26" EAST, along and with the West line of the said Block 3 and the East right-of-way line of Langham Road,the same being the West line of the said 3.564 acre San Antonio Television,LLC tract,for a distance of 457.05 feet to a 1/2"iron rod found for reference in the North line of a 30 feet wide drainage easement as described in a"Right-of-Way Easement"from Ida L.Keith Estate to Jefferson County Drainage District No. 6 as recorded in Volume 894, Page 295, Deed Records,Jefferson County,Texas,the same being the North right-of-way line of Walden Road per the City of Beaumont; THENCE NORTH 89°52'45"EAST,along and with the North line of the said 30 feet wide Jefferson County Drainage District No.6 easement and the North right-of-way line of Walden Road per the City of Beaumont, for a distance of 129.00 feet to a 5/8" iron rod set for the Southwest corner and the POINT OF BEGINNING of the easement herein described; THENCE NORTH 00°07'15" WEST,over and across the said 3.564 acre San Antonio Television, LLC tract,for a distance of 10.00 feet to a 5/8" iron rod set for corner; EXHIBIT"A" Pane 1 of 2 MARK W.WHITELEY&ASSOCIATES,INC. THENCE NORTH 89°52'45" EAST, continuing over and across the said 3.564 acre San Antonio Television,LLC tract,for a distance of 10.00 feet to a 5/8" iron rod set for corner; THENCE SOUTH 00°07'15" EAST, continuing over and across the said 3.564 acre San Antonio Television,LLC tract,for a distance of 10.00 feet to a 5/8"iron rod set for corner,said corner being in the North line of the said 30 feet wide Jefferson County Drainage District No. 6 easement and the North right-of-way line of Walden Road per the City of Beaumont; THENCE SOUTH 89°52'45" WEST, along and with the North line of the said 30 feet wide Jefferson County Drainage District No. 6 easement and the North right-of-way line of Walden Road per the City of Beaumont, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 100.00 Square Feet,more or less. Surveyed on May 3,2023. This legal description is being submitted along with a plat based on this survey(see EXHIBIT' "). /' lQ�69Fa s Thomas S.Ro e,RPLS No. 5728 , _ . l' THOMAS S.ROWE ' Texas Surveying Firm No.: 10106700 ' "' ,A 9 6728 e ,/ ..0A. ear W�2023 27b74\23.674m&b.dou ` . SS S'of �; !'N . ..pQ .i SUR01 EXHIBIT"A" Page 2 of 2 MARK W.WHITELEY&ASSOCIATES,INC CALLED N. 1/2 OF BLOCK 3 OF T.H. LANGHAM SUBDIVISION W. A. HEBERT, III, et al FND 1" VOL 2288, PG. 342 (CALL 589'25'401''W 317.98') I. ROD DRJC FND N89°25'40"E 317.98' p c LI 0 04 t "DC B�,OC' 3 BDMS1ON ���� °� o sv o a tAN @,, S�ps A 82 0 aB K4 N W Ias BOCK =:"m N 2 o CALLED 3.564 ACRES NN n d SAN ANTONIO TELEVISION, LLC`�� CF NO. 2021033170 �oo �v OPRJC CALLED 2.500 ACRES ON— o1.1238 ISC PROPERTIES, LLC = z CALLED& A ELECTRIC RE CF NO. 2004011536 Q ®SET 5/8" IRON ROD G FC NO. 95-9534822 OPRJC W/CAP STAMPED 100.00 SQUARE FEET 2 U. J "WHI ELEY" EXCLUSIVE WATER OPRJC YUTI EASEMENT NORTH R.O.W. LINE OF WALDEN ROAD FND 1/2" FND 1/2" t2 PER THE CRY OF BEAUMONT 1 I. ROD FOR I. ROD FOR REFERENCE REFERENCE f—END FNDS89'52'45' 1 178.96' —FND N8952'45E 12900FND SOO'22'17'E 30.00' 0.219 ACRES 30' DRAINAGE EASEMENT FND NOO'22'26"W 30.00' IN RIGHT OF WAY JEFFERSON COUNTY DRAINAGE PO DISTRICT NO. 6 cif 0 CALCULATED CORNER FND 889°52'45"W 317.96' CALCULATED CORNER UNABLE TO FIND OR (CALL 58952'45'W 317.96') UNABLE TO FIND OR SET DUE TO SET DUE TO CONCRETE PAVEMENT WALDEN ROAD CONCRETE PAVEMENT EXHBR OF TO THE OWNERS OF THE PREMISES SURVEYED LINE BEARING DISTANCE 100.00 SQUARE FEET EXCLUSIVE AS OF THE DATE OF THE SURVEY: L1 NO0'07'15'W 10.00' WATER UTILITY EASEIENT L2 N89'52'45'E 10 OUT OF AND PART OF BLOCK 3 I, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY T.H.LAWMAN SUBDIVISION MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED L3 500'07'15"E 10.00' VOA 1,PAGE 17,MAP RECORDS HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE L4 S89'52'451W 10.00' C.WU.UAYS SURVEY,ABSTRACT NO.SO Y ' SURVEY. BEAUMONT,JEFFERSON COUNTY,TEXAS Y MAY 3, 2023 DR er. .X CX B:TSR APR�:'MR DATE SURVEYED: �� -E. .................. F.TF� �1 r"°z2 scup r"° '� 0' 25' 50' 100' w�WY 3,2023 1'=50' 1 OF 1 X �i, ��` 90 s i j j W:\202.3\2 3-6 7 4 23-674 WEIT n »...• , Scale: 1"=50' THOMAS S.ROWE ' / WHITELEY N ,' EXHIBIT"B" a :� 5728 INFRASTRUCTUREGR09.. � =9 r' T REFER TO EXHIBIT "A" V l+s �=_ 2 ; 'E:3j/ a •�F O'" N� FOR LEGAL. DESCRIPTION « r"b' „ w THOMAS S. RO E — REGISTERED PROFES .�f; `uE! �C:%?%R No. 5728 G` "^ ,1; ® r ^`� Exhibit "B" 11 May 23, 2023 Consider authorizing the execution of a License to Encroach Agreement with Margarita Batrez BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartowiak, Public Works Director MEETING DATE: May 23, 2023 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Margarita Batrez. BACKGROUND There are two(2)structures located at 688 Euclid Street encroaching onto a twenty foot(20')alley in Lot 29, Block 5,Arlington Addition. The covered patio encroaches 3.77' and the pool equipment encroaches 3.84' onto the 20' alley. The request from Margarita Batrez was submitted to all city departments and utility companies with no objections. The City Utility Administration approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damages to the structures(covered patio and pool equipment) if the sewer mains should ever develop a cavity or due to any repairs to the City mains by City crews or contractor crews hired by the City. The City of Beaumont shall not be responsible for the repair and replacement of the covered patio and pool equipment or other structures within the Easement property. The agreement will be filed in the County Clerk Office as permanent record. The License Agreement protects the City from liability and provides a thirty(30) day cancellation clause. FUNDING SOURCE There is a one time non-refundable fee of$500 for the License to Encroach. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Margarita Batrez has requested that the City of Beaumont grant a License to Encroach into a City right-of-way, which is described as being two (2) structures located at 688 Euclid Street encroaching onto a twenty-foot (20') alley in Lot 29, Block 5, Arlington Addition, to the City of Beaumont. The covered patio encroaches 3.77' and the pool equipment encroaches 3.84' onto the 20' alley, as described in Exhibit "A," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City's easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; 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 License to Encroach with Margarita Batrez to encroach into the City right-of-way which is described as being two (2) structures located at 688 Euclid Street encroaching onto a twenty-foot (20') alley in Lot 29, Block 5, Arlington Addition, to the City of Beaumont, as described in Exhibit "A," attached hereto and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of May, 2023. - Mayor Roy West - LICENSE TO ENCROACH STATE OF TEXAS § § ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § • On the date•last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Margarita Batrez, owner, hereinafter called "Licensee",contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Said encroachment being a covered patio and pool equipment encroaches 3.77' to 3.84' onto the 20' alley in Lot 29, Block 5, Arlington Addition (688 Euclid Street). Said encroachment is shown on Exhibit"A",attached. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored,before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health,sanitary,or safety code specifications which are solely • necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont,by resolution of the City Council, determines it needs the subject property, or any part thereof,for the benefit of the City or to protect the health,safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore,whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Page 1 of 4 "Exhibit A" The City Utility Administration approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damages to the structure(brick shed and pool deck)if the sewer mains should ever develop a cavity or due to any repairs to the City mains by City crews or contractor crews hired by the City. The City of Beaumont shall not be responsible for the repair and replacement of the brick shed and pool deck or other structures within the Easement property. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorneys fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction,maintenance,use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor,reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damages to the structures if the sanitary sewer line or the storm sewer should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County,Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty(30) days prior Page 2 of 4 6 • to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County,Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 688 Euclid Street,Beaumont,Texas 77705. IN WITNESS, WHEREOF,the parties hereto have executed this agreement as of the day of ,2023. LICENSOR: LICENSEE: CITY OF BEAUMONT By: By: Kenneth R. Williams, City Manager Margarita Batrez {INTENTIONALLY LEFT BLANK} Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of 2023, by Kenneth R. Williams, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public,State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of 2023,by Margarita Batrez. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,Texas 77704 Page 4 of 4 NOTE.{.NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPWAN REGARDING OWNERSHIP OR TIRE. LEGEND 2.THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR.WHICH IS BASED ON HIS BEST KNOWLEDGE,INFORMATION AND BELIEF, FORMED Ill THE 0 POWER POLE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE —v —WOOD FENCE 2> REOLARED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL ENCINEIRS AND LAND n 'SURVEYORS AND THE 7T7(AS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES —ar—CHAN UNE FENCE �., NEITHER A GUARANTEE NOR A WARRANTY,EXPRESSED OR IUPUED. _o..—OV(RHFAD ELECTRIC W 3.ALL SET 5/8'IRON RODS SET WIHI A CAP STAMPED'WHTTEIEY'. I , I CONCRETE -J U I' •' I PAVERS N PROTRUSION NOTE (L,COVERED PATIO PROTRUDES INTO ALLEY. ' I m POOL EQUIPMENT PROTRUDES INTO ALLEY. I i END N82e02'08"E 50.00' —0c4-0,__1_zs—DE—oc—rrz I- —n,_—r:_— 20'ALLEY > ' POOL 1II' (CALL.200.00') (CAL 50.00') QUIP m1) w _ PlO N8702'08T v v -� i3I , —V ENO N8702b8'E 200.00' - - 49,93' CALCUUTED q4I 1 Vi I •~, " 1 a /a' FNO 5/8'L FND I' CORNER y l \ I I.ROD 11/GP STAMPEDED SHIP PIN UNABLE TOENEMY k END OR SEE p � 11W.ASSaM1ES. CORNER DUE} 1 0TO CONC. CQV. \i POOL a >- :f--._ 3 tS A it 1f,I, a 1 1 t.'y:s7t .;;lr.' 6.3'a 5.4' E i ,.da'1; ia`� W000 BLDG. iW e.7 /�///' > 2/ 11.6'i. m _ o H u.9 ' g 3 I. > a4' w 8 8 $ iF I x R LOT 29 AC i ' g o 3 Y.* > BLOCK 5 ❑ i' it I a W000&FRAME oto Z i 20• RESIDENCE I O a ON BLOCKS „ a LL 1 0 2.0' #41 1 - I \Ot 1I' VOt 2' VOS tib \0t 25 VO1 A \Ot 2} 1,1 I30.4' 9.it > 0 I I 9 I I FND 1' ale I.PIPE FND 5/8'LROO END 5/8'L ROD 234: ..- n e, W/CAP STAMPED Wpm BUMPED > ee) 0 'c 11.W.WHRElEY& 'ILKWHf1ELEY& to SET 6/8' FND 1/2• END 1/2' END 1/2 ASSOCUIFS• AssOCNtts' I.Rot) L ROD I.ROD I.ROD w • e 4h K • N • V` K s K e CALCULATED FND S82°00'00'W 50.00' ENO S8700'0'W 150 sat 48'33W FND S81'57'38W END S82'15'49W END sa2.09'11 W IND SBY08'071Y CORNER 50.00' 50.02' 49.91' 50.05' 50.03' 50.03' FIND B L SET (CALL 50.00') (CALL 50.00') \(CAL 50.00') (CALL 50.00') (CAL 50.00') (G11 50.00') (CALL 50.00') WE T0O�ON. EUCLID STREET ENO S8 'OO'W 49.97' (CALLED EUCLIO AVENUE PER PLAT) REFERENCE BEARING ASSUMED 688 EUCUD STREET TO THE O'AHERS OF THE PRSES SURVEYED BEAUMONT,11JO15 77705 ETE AS OF THE DATE OF THE SURVEY: Lot Number Twenty-rdne (29). In Block Number I,THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY Free City of ARUumoetNGTON Jefferson an oddition to MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRAED the City to thaumont. Jefferson thCoereof home • HEREON AND CORRECTLY REPRESENTS DIE FACTS FOUND T THE TIME OF THE according Volume the mop geor 70t of the Map/Not SURVEY. Records ofJaffeL o 70 the klap/Plat Records Jetfenon County,Texas. OATS SURVEYED. IAARCH 30,2023 �. ` Omen Margortto Elolrez � T 4R,A'A I In accordance with the Flood Hazard e flQi-• p�9 4s Boundary Mop,Deportment of Housing THOMAS S. RUNEand Urban Development 1'0 5728 I Community No.:485457 <Z:c:jital/ ' e i t ''r Panel No.:0025 D s `E'SS.?-k.e Dole of MIT:8-8-02 1110MAS S.ROWE-REGISTERED PROFESSIO,,e4-1;..°89-Ri~tee' No.5728 This properly lies In Zone'X'(white). -t� Location on mop detannned by scale on mop. W H I T E L E Y noruol field elevaton not date mined. Whiteley Infrastructure Group does not warrant nor eubacrfra to the accuracy or scale of sold maps. 1 ® INFRASTRUCTURE GROUP Zone k' (white) ore areas determined to be Tens Engineering Finn No.F•2633 ontsido 500-year flood p oln. ci Tacos Surveying Firm No.10106700 Z Louisiana Surveying Firm No.VF0000674 p alza tr.,e.trr Ithotructr.Crow ny bunrL a m s.6vr.t 655 Longhorn Road,914,Beaumont,Tans 77707 o4 s,deisd...b, Pe pspy.4►v�.�(u.nucte.ay.q .) 409492-01211 vnvw.whlUleyinfre.som w not 6 b.eel hived. 'r°f W.h'y'd'°• out nasal to erlbi a0atnb,A w+rsr Wi d,c.Tay w.\arms\'1_500\7i-57o rraa\r,V