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Home My WebLink AboutPACKET MAY 23 2017BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 23, 2017 1:30 P.M. CONSENT AGENDA Approval of minutes — May 16, 2017 Confirmation of committee appointments A. Authorize the City Manager to execute a contract with Legacy Community Development Corporation for HOME Investment Partnerships Program funding from the Department of Housing. and Urban Development B. Authorize the City Manager to approve a final payment to Allco, LLC, for the Tennis Center Project located at 6475 College Street C. Authorize the City Manager to execute Change Order No. 5 for the New Best Years Center Project located at 150 Magnolia Street D. Authorize the City Manager to execute all documents necessary related to a memorandum of agreement between the City of Beaumont and Baptist Hospitals of Southeast Texas d/b/a Baptist Beaumont Hospital E. Authorize the City Manager to execute an agreement with the Beaumont Independent School District (BISD) regarding the School Crossing Guard Program A BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: May 23, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into a contract with Legacy Community Development Corporation for HOME Investment Partnerships Program funding from the Department of Housing and Urban Development. BACKGROUND The City of Beaumont receives an annual allocation of HOME Investment Partnerships Program funding from the U.S. Department of Housing and Urban Development (HUD). Federal regulations require that a minimum of fifteen percent (15%) of the City's total HOME fund allocation be contracted to Community Housing Development Organizations (CHDO's) for eligible CHDO activities. Legacy Community Development Corporation (Legacy CDC), a certified CHDO, is seeking to stabilize neighborhoods by providing homeownership opportunities for low to moderate income families. Legacy would utilize $55,460 for acquisition and rehabilitation of at least one unit to be sold to an eligible low to moderate income family. Any and all income received by Legacy for any properties must be used toward furthering the organization's affordable housing activities. In addition, Legacy is requesting $18,487 for operating funds. The funds will be used to assist in funding Legacy CDC administrative staff. Planning & Community Development staff will be responsible for monitoring Legacy for HOME Program compliance. FUNDING SOURCE 2016 HOME Program. RECOMMENDATION Approval of the resolution. Develop May 4, 2017 Ms. Joann Patillo City of Beaumont Housing Program 801 Main Street Beaumont, Texas 77701 Ms. Patillo: I am writing to request 2016 CHDO Reserve and Operating in the amounts of $ 55,460.00 and $18,487.00 respectively. The Reserve funds will be used to purchase one house for sale/rent to a qualified buyer. The Operating funds will be utilized to cover administration costs. If you have any questions, please feel free to contact me at 409-365-9850. Sincerely, VI VIAN FALLOO Vivian Ballou Executive Director _' phone: 409-832-2723 1 fax: 409-291-4259 1 620 Pearl Street, Beaumont, Texas 77701 1 www.legacycdc.org HOME INVESTMENT PARTNERSHIP BUDGET REPORT AS OF MARCH 31, 2017 2016 PROGRAM YEAR (PERFORMANCE PERIOD: 07/14/2016-09/01/2024) HOME PROGRAM 1 ADMINISTRATION (10%) HOME Administration CHDO RESERVE (15% minimum) HOME CHDO Reserve (Undesignated) CHDO OPERATING (5%) HOME CHDO Operating (Undesignated) ENTITLEMENT (70%) Down Payment Assistance Program (7/28/16),(12/ HOME Program (Undesignated) (12/5/16) TOTAL 1 Account number information: 267 -5448 -754 -XX -XX (2014 Grt Yr - Housing) 267 -5449 -754 -XX -XX (2014 Grt Yr - Admin) 267 -5548 -755 -XX -XX (2015 Grt Yr - Housing) 267 -5549 -755 -XX -XX (2015 Grt Yr - Admin) 267 -5648 -756 -XX -XX (2016 Grt Yr - Housing) 267 -5649 -756 -XX -XX (2016 Grt Yr - Admin) 04/26/17 2016 BALANCE ANTICIPATED PROGRAM EXPENDITURES AVAILABLE COMPLETION YEAR AS OF 03/31/17 ENCUMBRANCES AT 03/31/17 DATE 36,974 35,671 55,460 0 18,487 0 258,815 151,314 0 0 369,736 186,985 0 1,303 0 55,460 0 18,487 0 107,501 0 i 0 0 182,751 06/30/17 06/30/17 06/30/17 06/30/17 Reprogrammed RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with Legacy Community Development Corporation (Legacy CDC) in the amount of $55,460 . for acquisition and rehabilitation of one (1) home that would be used for affordable housing for sale or lease/purchase to eligible low -to -moderate income families; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Legacy Community Development Corporation (Legacy CDC) in the amount of $18,487 for related operating expenses, said contracts to be funded from the 2016 HOME Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of May, 2017. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Manager MEETING DATE: May 23, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to approve a final payment to Allco, LLC, for the Tennis Center Project located at 6475 College Street. BACKGROUND On March 4, 2014, by Resolution No. 14-059, the City Council awarded a design build contract to Allco Construction, of Beaumont, Texas, in the amount of $2,200,000 for the construction of four (4) open air tennis courts; four (4) covered tennis courts and a viewing loggia at the Athletic Tennis Complex located on College Street. On April 25, 2017, by Resolution No. 17-079, the City Council approved Change Order No. 1, which decreased the original contract amount by $108,061.00, thereby decreasing the contract amount to $2,091,939.00. The Project has been completed in accordance with the contract documents. Approval of a final payment to Allco, LLC in the amount of $41,706.51 is recommended. BUDGETARYIMPACT Funds are available in the Capital Program. RECOMMENDATION Approval of resolution. APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 PAGE 1 OF 3 TO(Owner): PROJECT: APPLICATION NO.: 16R Distribution to: City of Beaumont 801 Main Street, Ste. 201 Beaumont, Texas 77701 FROM(Contractor): Allco P.O. Box 3684 Beaumont, Texas 77704 DB Tennis Courts (4) Covered (4) Uncovered & Loggia CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY Change Orders approved in previous months by Owner Total Additions Deductions - Approved this Month 108,061.00 Number Date Approved 4/17/2017 Totals - 108,061.00 Net change by Change Orders (108,061.00) The undersigned Contractor certifies that to the best of his knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTi;' ALLCO By: Date: 19 -Apr -17 T.W. 11arrison, President CERTIFICATE FOR PAYMENT In accordance with the Contract Documents based on on-site observations and the data comprising the above application, the Architect certifies to the Owner that the Work has progressed to the point indicated; that to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents; and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. PERIOD FROM: TO: INVOICE NO: OUR JOB NO.: CUSTOMER'S PROJECT NO: CONTRACT DATE: OWNER 1 -Dec -15 ARCHITECT 19 -Apr -17 ENGINEER CONTRACTOR 7655 TX -750 BMTWCP0055 3/25/2014 Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT SUM Net Change by Change Order CONTRACT SUM TO DATE TOTAL COMPLETED & STORED TO DATE (Column H on G703) RETAINAGE 5% or total in Column I on G703 TOTAL EARNED LESS RETAINAGE LESS PREVIOUS CERTIFICATES FOR PAYMENT CURRENT PAYMENT DUE 2,200,000.00 (108,061.00) 2,091,939.00 2,091,939.00 2,091,939.00 2,050,232.49 41,706.51 State of: TEXAS Cc my of: Subscribed d s rn to bef met s th of A , 2Q�1n111,0',1 MARY ��}-, ®EL®RDNotary Public: / Notary Public, State Of Texas i My Commission expire :April 12, 2019 flay Commission Ex its 8 AMOUNT CERTIFIED (Attach explanation if amount certified differs from the amount applied for.) ARrurrcQT: CX .;%4 PIZ- By: Date: %i 0 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. CONTINUATION SHEET AIA DOCUMENT G703 AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification is attached. APPLICATION NO: 16R APPLICATION DATE: 19 -Apr -17 PERIOD FROM: 1 -Dec -15 `TO: 19 -Apr -17 CUST. PROJECT NO: B C D E F G H I J K Work Completed Total Completed Item No. Description of Work Scheduled Value Previous This Application and Stored to Date % (GA)) Balance to Finish Retainage Work in Place Stored Material Applications (not in E or F) (E+F+G) (D -H) 01 GENERAL REQUIREMENTS General Conditions 98,000.00 98,000.00 98,000.00 100% - - Pre -Construction Fee 25,000.00 25,000.00 25,000.00 100% - - Insurance 40,000.00 40,000.00 40,000.00 100% - - Bonds 30,000.00 _ 30,000.00 30,000.00 100% - - Design 120,000.00 120,000.00 120,000.00 100% - - 03 CONCRETE Building Foundation 246,000.00 246,000.00 246,000.00 100% - Elevated Walkway Concrete 46,000.00 46,000.00 46,000.00 100% - Sidewalks 41,000.00 41,000.00 41,000.00 100% - - 04 MASONRY Masonry 70,000.00 70,000.00 70,000.00 100% - - 05 Metals Metal Building 308,000.00 308,000.00 308,000.00 100% - - Metal Building Erection 183,000.00 183,000.00. 183,000.00 100% - - Loggia Building 98,000.00 98,000.00 98,000.00 100% - - Loggia Erection 40,000.00 40,000.00 40,000.00 100% - - Misc. Metals 2,000.00 2,000.00 2,000.00 100% - - 06 WOOD AND PLASTICS Wood Arbor 25,000.00 25,000.00 25,000.00 100% - - Page 2 of 4 CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification is attached. AIA DOCUMENT G703 APPLICATION NO: 16R APPLICATION DATE: 19 -Apr -17 PERIOD FROM: 1 -Dec -15 TO: 19 -Apr -17 CUST. PROJECT NO: B C D E F G H I J K Item No. Description of Work Scheduled Value Work Completed Total Completed and Stored to Date (E+F+G) % (G/D) Balance to Finish (D -H) Retainage Previous Applications This Application Work in Place Stored Material (not in E or F) 11 EQUIPMENT Tennis Courts/Equipment Wheel Chair Lift 490,000.00 12,000.00 490,000.00 - 12,000.00 490,000.00 12,000.00 100% 100% - - - - 22 PLUMBING Plumbing 12,000.00 12,000.00 12,000.00 100% - 26 ELECTRICAL Electrical Electrical Engineering 141,000.00 8,000.00 141,000.00 8,000.00 141,000.00 8,000.00 100% 100% - - 31 EARTHWORK Earthwork 155,000.00 155,000.00 155,000.00 100% - - 32 EXTERIOR IMPROVEMENTS Landscaping 10,000.00 10,000.00 10,000.00 100% - CHANGE ORDERS Change Order (108,061.00) - (108,061.00) - (108,061.00) 100% - - Page 3 of 4 CONTINUATION SHEET AIA DOCUMENT G703 AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification is attached. APPLICATION NO: 16R APPLICATION DATE: 19 -Apr -17 PERIOD FROM: 1 -Dec -15 TO: 19 -Apr -17 CUST. PROJECT NO: Description of Work B C D E F G H I J K Item No. Description of Work Scheduled Value Work Completed Total Completed and Stored to Date (E+F+G) % (G/D) Balance to Finish (D -H) Retainage Previous Applications This Application Work in Place Stored Material (not in E or F) Totals 2,091,939.00 2,188,000.00 (96,061.00) - 2,091,939.00 i 100% - - AFFIDAVIT ON BEHALF OF CONTRACTOR STATE OF Texas COUNTY OF Jefferson CONTRACT NO. Tennis Courts Covered/Uncovered & Loggia DATED March 25, 2014 ALLCO BY AND THROUGH T. W. HARRISON, ITS PRESIDENT DOES HEREBY AND HEREWITH DECLARE THAT ALL LABOR, BILLS FOR MATERIALS, FOR SUPPLIES, UTILITIES AND FOR ALL OTHER THINGS FURNISHED OR CAUSED TO BE FURNISHED BY THE ABOVE NAMED CONTRACTOR AND USED IN THE EXECUTION OF THE CONTRACT NUMBERED AND DATED ABOVE BETWEEN CITY OF BEAUMONT AND ALLCO HAVE BEEN FULLY PAID , AND THAT THERE ARE NO UNPAID CLAIMS OR DEMANDS OF SUBCONTRACTORS, MATERIAL MEN, MECHANICS, LABORERS, OR ANY OTHER.RESULTING FROM OR ARISING OUT OF ANY WORK DONE OR ORDERED TO BE DONE BY SAID CONTRACTOR UNDER THE ABOVE IDENTIFIED CONTRACT; AND DECLARES: THAT ALL FEDERAL AND STATE PAYROLL TAXES AND CONTRIBUTIONS FOR UNEMPLOYMENT INSURANCE, OLD AGE PENSIONS, ANNUITIES, AND RETIREMENT BENEFITS IMPOSED OR ASSESSED UNDER ANY PROVISION OF. ANY LAW, STATE OR FEDERAL, AND MEASURED BY WAGES, SALARIES, OR OTHER REMUNERATION PAID BY SAID CONTRACTOR TO EMPLOYEES OF HIS OWN OR SUBCONTRACTORS ENGAGED IN SAID WORK, OR IN ANY OPERATION INCIDENTAL THERETO HAVE BEEN PAID. AL CO BY: SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY qq 20 P NOTAR UBLIC `pPY pG� MARY BETH DELORD STATE OF TEXAS t Notary Public, State OfTexast t My Commission Expires t MY COMMISSION EXPIRE frFOF1 04-12-2019 1 RESOLUTION NO. WHEREAS, on March 4, 2014, the City Council of the City of Beaumont, Texas passed Resolution No.14-059 awarding a contract in the amount of $2,200,000.00 to Allco, Construction, of Beaumont, Texas, for the construction of four (4) open air tennis courts, four (4) covered tennis courts and a viewing loggia at the Athletic Tennis Complex located on College Street; and, WHEREAS, on April 25, 2017, the City Council of the City of Beaumont, Texas passed Resolution No. 17-079 authorizing Change Order No. 1, in the amount of ($108,061.00), to extend existing concrete sidewalks at two locations; add two 15" HDPE drain lines between the open and covered courts; delete and/or change the scope of work on six items of work; and, assess liquidated damages for the number calendar days past the original contract approved completion date, thereby decreasing the contract amount to $2,091,939.00; and, WHEREAS, the project has been inspected by the Facilities Maintenance Department and found to be complete in accordance with the provisions and terms set forth in the contract; 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 New Tennis Center Open and Covered Courts Project be and the same is hereby found to be complete in accordance with the terms of the contract and is accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $41,706.51 to Allco, LLC, of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of May, 2017. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Manager MEETING DATE: May 23, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 5 for the New Best Years Center Project located at 150 Magnolia Street. BACKGROUND On July 5, 2016, by Resolution No. 16-121, City Council awarded G & G Enterprises Construction Corp. of Beaumont, Texas the contract for the construction of the New Best Years Center in the amount of $6,172,800.00. A contingency allowance in the amount of $60,000.00 was included in the noted contract amount. Change Order No. 5 consists of three items of work. Item one is required to install a 1200 amp main disconnect breaker and associated piping and equipment on the exterior of the building. This change is required to provide a complete disconnect of electrical utility service to the building in the event of an emergency. The total cost of item one is $32,887.68. Item two is required to allow for the removal of the rigid board insulation from the project. This change is being considered because the exterior wall cavity will have 8" of insulation and the rigid board insulation is not necessary with the adequate amount of insulation in the wall cavity. Total deduct for item two is ($6,500.00). Item three is required to reroute and repair the lighting circuit for the pole lights at the adjacent Beaumont Skate Park. This change is required to clear the path where the proposed storm drain piping is to be installed for the project. The total cost for item three is $4,918.72. The total cost for the adjustment in the scope of work, as described in items one, two, and three, will decrease the contingency allowance by $31,306.40 and have no effect on the total contract amount of $6,172,800.00. The remaining contingency allowance amount for the project will be $27,806.60. This change will not increase contract time. Approval of Change Order No. 5 in the net amount of $31,306.40 is recommended. A description of the previous change orders are attached for your review. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. PREVIOUS CHANGE ORDERS On February 13, 2017, the City Manager executed Change Order No. 1 in the amount of $7,887.00, to reconnect existing street lighting after the scheduled removal of street lights in front of the project was completed, thereby decreasing the $7,000.00 miscellaneous reconnections of existing site lighting and irrigation systems allowance to $0.00 and the balance of $887.00 to be taken from the contingency allowance. This Change Order decreased the contingency allowance to $59,113.00 and had no effect on the total contract amount of $6,172,800.00. On March 16, 2017, the City Manager executed Change Order No. 2 increasing the contract time by fifty-two (52) days and moving the Substantial Completion Date to February 1, 2018. The increase in contract days resulted from inclement weather days starting in October and ending on January 23, 2017. This Change Order had no effect on the total contract amount of $6,172,800.00. On March 16, 2017, the City Manager executed Change Order No. 3 increasing the contract time by five (5) days and moving the Substantial Completion Date to February 6, 2018. The increase in contract days resulted from inclement weather days for the month of February. This Change Order had no effect on the total contract amount of $6,172,800.00. On April 17, 2017, the City Manager executed Change Order No. 4 increasing the contract time by eight (8) days and moving the Substantial Completion Date to February 14, 2018. The increase in contract days resulted from inclement weather days for the month of March. This Change Order had no effect on the total contract amount of $6,172,800.00. Change Order Document G701TM -2001 PROJECT (Name and address): CHANGE ORDER NUMBER: 005 OWNER: Z CITY OF BEAUMONT BEST YEARS DATE: May 09, 2017 ARCHITECT: CENTER 150 MAGNOLIA STREET CONTRACTOR: BEAUMONT, TX 77701 FIELD: ElTO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 1359 G&G ENTERPRISES CONTRACT DATE: July 29, 2016 OTHER: ❑ 350 PINE STREET - SUITE 765 CONTRACT FOR: General Construction BEAUMONT, TEXAS 77701 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) CPR #04 (Revised) Change in Primary Electrical: $32,887.68 *Furnish and install a 1200 Main Breaker Enclosure N3R, CT Can, Entergy Pull Box & Knox Box *Install 4" PVC Conduit from the Main Transformer to the CT Can on Building *Includes furnishing & installing 4" EMT & Junction Boxes per SK6. *Includes City Permits CPR 405 Deduct Rigid Board Insulation - Entire Package CPR #07 - Lighting Repairs at Skate Park Total Change Order Amount (to be taken from Contingency) Current Contingency Amount $59,113.00 Less CPR #04 and CPR 407 - $31,306.40 Remaining Contingency Amount $27,806.60 The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is $-6,500.00 $ 4,918.72 $31,306.40 $ 6,172,800.00 $ 0.00 $ 6,172,800.00 $ 0.00 $ 6,172,800.00 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. AIA Document G701 TM — 2001. Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:59:54 on 05/10/2017 under Order No.2304466808_1 which expires on 08/30/2017, and is not for resale. User Notes: (1950774102) i NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Inc G&G Enterprises City of Beaumont ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 350 Pine Street - Suite 7 Beaumont, Tx 7770 ADDRESS zz 2�9� B (Si ature) J. Rob Clark (Typed n DATE 350 Pine Street - Suite 765 Beaumont, TX 77701 ADDRESS BY ' •e Colin Garrett (Typed name) DATE PO Box 3827 Beaumont, TX 77704 ADDRESS BY (Signature) Kyle Hayes (Typed name) DATE AIA Document G701 T —2001. Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 2 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:31:58 on 05/09/2017 under Order No.2304466808_1 which expires on 08/30/2017, and is not for resale. User Notes: (1247044466) 1A Change Order Document G701 T11 -2001 PROJECT (Name and address): CHANGE ORDER NUMBER: 001 OWNER: CITY OF BEAUMONT BEST YEARS. DATE: February 2, 2017 ARCHITECT: CENTER 150 MAGNOLIA STREET CONTRACTOR: BEAUMONT, TEXAS 77701 TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 1359 FIELD: El G & G ENTERPRISES CONTRACT DATE: OTHER: ❑ 350 PINE STREET - SUITE 765 CONTRACT FOR: General Construction BEAUMONT, TEXAS 77701 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Change Proposal #01 - Reconnect Existing Lights (see attached) $7,887.00 Charge $7,000 against Project Site Lighting Allowance $7,000.00 Charge $ 887.00 against Project Contingency Allowance 887.00 Total Change Order Amount $7,887.00 The original Contract Sum was $ 6172800.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior fo this Change Order was $ 6,172,800.00 The Contract Sum will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 6,172,800.00 The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Incorporated G&G Enterprises City of Beaumont ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 350 Pine Street - Suite 7 350 Pine Street - Suite 765 P.O. Box 3827 Beaumont, TX 7770 Beaumont, TX 77701 Beaumont, TX 77704 ADDRES7;< ADDRES ADDRESS BY((S' ature) BY agnature BY (Signature) J.Rob Clark (Typed name) 2 2 DATE Colin Garrett (Typed name) DATE z-2-?-ai-7- Kyle Hayes (Typed name) 2- 13- ►'1 DATE AIA Document G701 TM — 2001. Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects.'All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:29:47 on 02/02/2017 under Order No.2304466808_1 which expires on 08/30/2017, and is not for resale. User Notes: (2037330768) The Contract Time will be increased by fifty-two (52) days. The date of Substantial Completion as of the -date of this Change Order therefore is February 1, 2018 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Incorporated G&G Enterprises, Inc. 350 Pine Street - Suite 720 350 Pine Street - Suite 765 Beaumont, TX 77701 Beaumont, TX 77701. ARCHITECT (Firm name) ADDRE BY ignature) J. Rob Clark (Typed name) 2r-, 17 DATE CONTRACTOR (Firm name) City of Beaumont PO Box 3827 Beaumont, TX 77704 OWNER (Firm name) ADDR ADDRESS BY (Signature) BY (Signature) Colin Garrett Kyle Hayes (Typed name) (Typed name) 3- 14-17 DATE DATE AIA Document G701 TM — 2001. Copyright ©1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:19 on 03/07/2017 under Order No.2304466808_1 which expires on 08/30/2017, and is not for resale. User Notes: (1752067661) AIA Document G701TM - 2001 Change Order PROJECT (Name and address): CHANGE ORDER NUMBER: 002 OWNER: CITY OF BEAUMONT BEST YEARS DATE: March 7, 2017 ARCHITECT: CENTER 150 MAGNOLIA STREET CONTRACTOR: BEAUMONT, TX 77701 TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 1359 FIELD: ❑ G&G ENTERPRISES CONTRACT DATE: July 29, 2016 OTHER: ❑ 350 PINE STREET - SUITE 765 CONTRACT FOR: General Construction BEAUMONT, TX 77701 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any'undisputed amount attributable to previously executed Construction Change Directives) Time extension for rain days (see attached documentation) The original Contract Sum was $ 6172800.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 6,172,800.00 The Contract Sum will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 6,172,800.00 The Contract Time will be increased by fifty-two (52) days. The date of Substantial Completion as of the -date of this Change Order therefore is February 1, 2018 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Incorporated G&G Enterprises, Inc. 350 Pine Street - Suite 720 350 Pine Street - Suite 765 Beaumont, TX 77701 Beaumont, TX 77701. ARCHITECT (Firm name) ADDRE BY ignature) J. Rob Clark (Typed name) 2r-, 17 DATE CONTRACTOR (Firm name) City of Beaumont PO Box 3827 Beaumont, TX 77704 OWNER (Firm name) ADDR ADDRESS BY (Signature) BY (Signature) Colin Garrett Kyle Hayes (Typed name) (Typed name) 3- 14-17 DATE DATE AIA Document G701 TM — 2001. Copyright ©1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:54:19 on 03/07/2017 under Order No.2304466808_1 which expires on 08/30/2017, and is not for resale. User Notes: (1752067661) ate,, 1A Document G701 TM - 2001 Change Order PROJECT (Name and address): CITY OF BEAUMONT BEST YEARS CENTER 150 MAGNOLIA STREET BEAUMONT, TEXAS 77701 TO CONTRACTOR (Name and address): G&G ENTERPRISE, INC 350 PINE STREET - SUITE 765 BEAUMONT, TEXAS 77701 CHANGE ORDER NUMBER: 003 DATE: March 13, 2017 ARCHITECT'S PROJECT NUMBER: 1359 CONTRACT DATE: July 29, 2016 CONTRACT FOR: General Construction OWNER: ARCHITECT: CONTRACTOR: FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) C.P.#02 WET AND RAIN DAYS (See attached) The original Contract Sum was $ 6,172,800.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 6,172,800.00 The Contract Sum will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 6,172,800.00 The Contract Time will be increased by five (5) days. The..date of Substantial Completion as of the date of this Change Order therefore is February 6, 2018 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Inc. ARCHITECT (Firm name) 350 Pine Street - Suite 720 Beaumont, TX 777Q�s% ADE , BWgnature) J.Rob Clark (Typed name) DATE G&G Enterprises, Inc. City of Beaumont CONTRACTOR (Firm name) OWNER (Firm name) 350 Pine Street - Suite 765 Beaumont, TX 77701 ADDRESS BYjS1'gnaturef Colin Garrett (Typed name) DATE P.O. Box 3827 Beaumont, TX 77704 ADDRESS � 0 •� BY (Signature) Kyle Hayes (Typed name) DATE AIA Document G701 TM —2001. Copyright© 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:32:44 on 03/13/2017 under Order No.2304466808_1 which expires on 08/30/2017, and is not for resale. User Notes: (1953380150) A iA Change Order Document G701 T11 -2001 COPY PROJECT (Name and address): CHANGE ORDER NUMBER: 004 OWNER: CITY OF BEAUMONT BEST YEARS DATE: April 5, 2017 ARCHITECT: CENTER 150 MAGNOLIA STREET CONTRACTOR: BEAUMONT, TEXAS 77701 FIELD: ❑ TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 1359 G & G ENTERPRISES CONTRACT DATE: July 29, 2016 OTHER: ❑ 350 PINE STREET - SUITE 765 CONTRACT FOR: General Construction BEAUMONT, TEXAS 77701 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) CPR -06 Project Delays -Rain and Wet days. Month of March -5,7,11,12,25,29,30 (See attached back-up) The original Contract Sum was $ 6,172,800.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 6,172,800.00 The Contract Sum will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 6,172,800.00 The Contract Time will be increased by eight (8) days. The date of,.Substantial Completion as of the date of this Change Order therefore is February 14, 2018 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance Inc. ARCHITECT (Firm name) G&G Enterprises City of Beaumont CONTRACTOR (Firm name) OWNER (Firm name) 350 Pine Street - Suite 20 350 Pine Street - Suite 765 P.O. Box 3827 Beaumont, T,,X 77 Beaumont, TX 77701 Beaumont, TX 77704 ADDRESS ADDR ADDRESS C (Signature) agn re) BY (Signature) J. Rob Clark (Typed n me) . me) DATE Colin Garrett Kyle Hayes (Typed name) (Typed name) DATE DATE AIA Document G701 TM —2001. Copyright ©1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:36:27 on 04/05/2017 under Order No.2304466808_1 which expires on 08/30/2017, and is not for resale. User Notes: (1297314674) RESOLUTION NO. WHEREAS, on July 5, 2016, the City Council of the City of Beaumont, Texas passed Resolution No. 16-121 awarding a contract in the amount of $6,172,800.00 to G & G Enterprises Construction Corp., of Beaumont, Texas, for the construction of the Best Years Center; and, WHEREAS, a contingency allowance in the amount of $60,000.00 was included in the above noted contract; and, WHEREAS, a project site lighting allowance in the amount of $7,000.00 was included in the above noted contract; and, WHEREAS, on February 13, 2017, the City Manager executed Change Order No. 1 in the amount of $7,887.00, including $887.00 in Engineering and Contingency charges and $7,000.00 in Project Site Lighting allowance, to reconnect existing street lighting after the scheduled removal of street lights in front of the project was completed, thereby decreasing the contingency allowance to $59,113.00, decreasing the Project Site Lighting allowance to $0.00, and having no effect on the total contract amount of $6,172,800.00; and, WHEREAS, on March 16, 2017, the City Manager executed Change Order No. 2 increasing the contract time by fifty-two (52) days and moving the Substantial Completion Date to February 1, 2018, thereby having no effect on the contingency allowance of $59,113.00 and having no effect on the total contract amount of $6,172,800.00; and, WHEREAS, on March 16, 2017, the City Manager executed Change Order No. 3 increasing the contract time by five (5) days and moving the Substantial Completion Date to February 6, 2018, thereby having no effect on the contingency allowance of $59,113.00 and having no effect on the total contract amount of $6,172,800.00; and, WHEREAS, on April 17, 2017, the City Manager executed Change Order No. 4 increasing the contract time by eight (8) days and moving the Substantial Completion Date to February 14, 2018, thereby having no effect on the contingency allowance of $59,113.00 and having no effect on the total contract amount of $6,172,800.00; and, WHEREAS, Change Order No. 5, in the amount of $31,306.40, is required to install a 1200 amp main disconnect breaker and associated piping and equipment on the exterior of the building; to allow for the removal of the rigid board insulation 'from the project; and, to reroute and repair the lighting circuit for the pole lights at the adjacent Beaumont Skate Park, thereby decreasing the contingency amount to $27,806.60 and having no effect on the total contract amount of $6,172,800.00; 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 execute Change Order No. 5 for additional work described above, thereby decreasing the contingency allowance by $31,306.40 for a total contingency amount of $27,806.60 and having a no effect in the total contract amount of $6,172,800.00 for the Best Years Center Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of May, 2017. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: May 23, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to to execute all documents necessary related to a memorandum of agreement between the City of Beaumont and Baptist Hospitals of Southeast Texas d/b/a Baptist Beaumont Hospital. BACKGROUND The purpose of this agreement is for the Baptist Beaumont Hospital to provide laboratory services to screen for HIV and Hepatitis C (HCV) from specimens collected by the City of Beaumont Health Department to ensure that adults in the City of Beaumont are properly diagnosed and treated for these two diseases. This agreement will begin 05/01/2017 and may be terminated upon thirty (30) days notice by either party. 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 execute a Memorandum of Agreement between the City of Beaumont and Baptist Hospitals of Southeast Texas d/b/a Baptist Hospital to provide .laboratory services to screen for HIV and Hepatitis C (HCV) from specimens collected by the City of Beaumont Health Department to ensure that adults in the City of Beaumont are properly diagnosed and treated for these two diseases. The Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of May, 2017. - Mayor Becky Ames - MEMORANDUM OF AGREEMENT FOR LABORATORY SERVICES BY AND BETWEEN THE CITY OF BEAUMONT HEALTH DEPARTMENT AND BAPTIST HOSPITALS OF SOUTHEAST TEXAS d/b/a BAPTIST BEAUMONT HOSPITAL This Memorandum of Agreement for Laboratory Services, is made and entered into by and between City of Beaumont Health Department ("The City") and Baptist Hospitals of Southeast Texas d/b/a Baptist Beaumont Hospital ("The Hospital") with an effective date of May 1, 2017 ("Effective Date"). I. PARTIES City of Beaumont Health Department 3040 College Street Beaumont, Texas 77701 Baptist Hospitals of Southeast Texas Baptist Beaumont Hospital 3080 College Street Beaumont, Texas 77701 II. PURPOSE The purpose of this agreement is for the Hospital to provide laboratory services to screen for HIV and Hepatitis C (HCV) from specimens collected by the City of Beaumont Health Department to ensure that adults in the City of Beaumont are properly diagnosed and treated for these two diseases. III. TERMS OF AGREEMENT The City shall obtain patient consent, draw, label, and deliver screens to the Hospital's Laboratory Department. The Hospital shall perform these screens, in accordance with standard laboratory practices and regulations. The Hospital shall provide the results in a confidential and secure manner to the City via secure facsimile. The City shall notify patients of the results and assist these patients, as needed, with obtaining proper medical care and follow up. The Hospital shall provide the City the appropriate supplies as needed to draw the specimens. This may include, but is not limited to: gloves, gauze, hubs, alcohol swabs, needles, tubes, tourniquets, and tape. The City shall notify the Hospital at least five (5) days in advance with supply requests or replenishment. The Hospital shall work with the City to educate these patients identified with HIV -and/or Hepatitis C about available medical care. This Memorandum of Agreement may be terminated upon thirty (30) days' notice by either party. This Memorandum of Agreement shall automatically terminate upon the termination or expiration of the grant provided by Gilead Sciences to the Hospital related to laboratory screenings of HIV and Hepatitis C. 00014197 EXHIBIT "A" IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement as of the day of , 2017. Agreed: David Parmer Chief Executive Officer Baptist Hospitals of Southeast Texas Kyle Hayes City Manager City of Beaumont 00014197 Date Date E TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: May 23, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with the Beaumont Independent School District (BISD) regarding the School Crossing Guard Program. BACKGROUND The City of Beaumont currently handles the administrative portion of the School Crossing Guard Program. This includes hiring the crossing guards, providing training and supplies, issuing paychecks, and other duties necessary to run the program. Over the last four years, the cost to administer the program has varied between $150,000 and $180,000 and is evenly split between the City and BISD. In 2012, the City Council held an off-site work session and expressed interest in transferring the administrative portion of the School Crossing Guard Program back to BISD. Since that time, the City has worked with BISD on an interlocal agreement (ILA) that would facilitate the transition. Under the ILA, the City will no longer be responsible for the administration of the program but will continue to be responsible for one-half of the program cost, up to $90,000 per year. The proposed ILA is attached for your review. 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 execute an Interlocal Agreement with the Beaumont Independent School District (BISD) relating to the School Crossing Guard Program. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of May, 2017. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON INTERLOCAL AGREEMENT This Interlocal Agreement ("the Agreement") is entered into between the City of Beaumont, a municipal corporation of Jefferson County, Texas, (herein "City") and Beaumont Independent School District (herein "BISD"), entities which are authorized to enter into interlocal agreements in accordance with Section 791.001, et seq., of the Government Code of the State of Texas (Vernon 1996). WITNESSETH: WHEREAS, BISD has agreed to administer the School Crossing Guard Program for the benefit of BISD and the City; and NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: The term of this agreement shall be for three (3) years, beginning on July 1, 2017 and ending on June 30, 2020. A. Obligations of BISD: 1. Provide overall management and administration of the program and its employees. 2. Maintain accurate records for invoicing. These records will be made available for the City to review upon request. 3. BISD will submit two invoices per year. The first invoice will be submitted for payment by January 15 (for the previous year's hours), which will be due by EXHIBIT "A" February 15. The second invoice will be submitted by June 15, which will be due by July 15. 4. Provide a training program for all crossing guards in traffic directions as defined by the basic peace officer course curriculum established by the Commission on Law Enforcement Standards and Education. B. Obligations of City: 1. Provide payment for 50% of the actual cost of the School Crossing Guard Program, not to exceed $90,000 per year. In connection with this Agreement, notification shall be as follows: City of Beaumont Kyle Hayes, City Manager P.O. Box 3827 Beaumont, Texas 77704 Mrs Beaumont Independent School District John W. Frossard, Superintendent 3395 Harrison Avenue Beaumont, Texas 77702 El Either party may cancel this agreement without cause by providing 60 - days written notice to the other party of its intent to do so. V This Agreement may be amended by the mutual agreement of the parties hereto in writing and any amendment shall be attached to and incorporated into this Agreement. EXECUTED in duplicate originals this the day of 2017. CITY OF BEAUMONT Kyle Hayes City Manager BEAUMONT INDEPENDENT SCHOOL DISTRICT By: John W. Frossard Superintendent BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 23, 2017 1:30 P.M. CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition — Presentation from the Regional Economic Development Initiative * Public Comment: Persons may speak on the Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a rezoning of property located at 3576 and 3586 Blackmon Lane from RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District or a more restrictive zoning District 2. Consider a request for a revised Specific Use Permit to allow the expansion of a church located at 7750 Highway 105, in an RS (Residential Single Family Dwelling) District 3. Consider a request for the abandonment of a portion of the Sawyer Street right-of- way * Review and discuss a request from the Southeast Texas Arts Council for a State designation for a "Cultural Arts District" COMMENTS * Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters EXECUTIVE SESSION Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 4495 Ironton (former Fire Station No. 2) 950 Washington Boulevard (former Public Health Facilities) 320 College Street (vacant tract of land located west of the Downtown Library) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777. I May 23, 2017 Consider a request for a rezoning of property located at 3576 and 3586 Blackmon Lane from RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District or a more restrictive zoning District BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: May 23, 2017 REQUESTED ACTION: Consider a request for a rezoning of property located at 3576 and 3586 Blackmon Lane from RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District or a more restrictive zoning District. BACKGROUND Shaver Family Partners, LTD, is requesting a zone change for the construction of a single -story office building. A Specific Use Permit would be required, in the future, for any proposed use. Blackmon lane, the only access to the property, is a 20 foot wide residential street. All utilities accessed by the property are of residential grade. Although the zoning would be compatible with the surrounding area, the street and utilities would need to be upgraded for any commercial use. At a Joint Public Hearing held on May 15, 2017, the Planning Commission recommended 6:0 to approve a request for a rezoning for property located at 3576, 3586 Blackmon Lane from RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District or a more restrictive zoning District. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: S� rnV er Fc -Mi �% e6Lr 411r S L1 . 3ps V 64'1-j 1 pr APPLICANT'S PHONE#: qQq - Uo - 7000 FAX #: S 775 7770-r NAMEOFOWNER: Shcwcr FaM ly far+u\e/',j LTA ADDRESS OF OWNER: 3f (,75 W La'.ac.l OC. 8erwmoAt LOCATION OF PROPERTY: LEGAL (DESCRIPTION OF PROPERTY: i LOT NO._ 3 '► S Rs� , T`U D BLOCK NO. ADDITION F( -e- n cA NUMBER OF ACRES 4-(�� 2 • -'-?Lo7 OR TRACT PLA SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: ZONING DISTRICT REQUESTED: GC- MC> —Z HAS THE REQUEST BEEN MADE BEFORE?�IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS -THAN 1/2 ACRE.................................:.........................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT MORE RESTRICTIVE DISTRIC� SIGNATURE OF APPLICANT: SIGNATURE OF PLEASE TYPE OR PRINT SUBMIT TO: FILE NUMBER: DATE RECEIVED: RECEIPT NUMBER IS MADE FOR TEE REQUESTED PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880-3764 FAX (409) 880-3133 N OR A City of Beaumont Planning Department, Shaver Family Partners LTD is requesting a zoning change from RM -H to G2. We intend to construct a single story office building on the property. We are requesting zoning changes for the properties listed below: TR A-1 LT 3 BLK 1 FRENCH .331AC FRENCH TR B LT3 B1 1.034 FRENCH TR D LT3 B1 1.002 Tha U. 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 RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED AT 3576 AND 3586 BLACKMON LANE, 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 RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 3576 and 3586 Blackmon Lane, being Lot 3, Tracts A-1, B & D, Block 1, French Addition, Beaumont, Jefferson County, Texas, containing 2.367 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. Ccrfinn 'I 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. r 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of May, 2017. - Mayor Becky Ames - File 2297-Z: A request for a rezoning from RM -H (Residential Multiple Family Dwelling- N Highest Density) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) or a ore restrictive zoning District. Applicant: Shaver Family Partners, LTD Location: 3576 & 3586 Blackmon Lane 0 100 200 300 400 1 1 1 1 1 1 Feet 51 EXHIBIT "A" 2 May 23, 2017 Consider a request for a revised Specific Use Permit to allow the expansion of a church located at 7750 Highway 105, in an RS (Residential Single Family Dwelling) District BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: May 23, 2017 REQUESTED ACTION: Consider a request for a revised Specific Use Permit to allow the expansion of a church located at 7750 Highway 105, in an RS (Residential Single Family Dwelling) District. BACKGROUND John Polk has requested a revised Specific Use Permit to allow Northwest Church of Christ to expand at their existing location, 7750 Highway 105. In August of 1984, the church received a Specific Use Permit to operate a church at this location. The church has grown and is in need of additional space for classrooms. The operational hours of the church will not change. The surrounding property is zoned RS to the north and west, and is currently vacant. At such time as the neighboring properties should be developed as residential uses, an eight (8) foot wood or masonry privacy fence should be installed along these property lines. In addition, a ten (10) foot wide landscaped buffer would need to be installed along these property lines as required by Ordinance. The additional parking will need landscaped islands as required by Ordinance. At a Joint Public Hearing held on May 15, 2017, the Planning Commission recommended 6:0 to approve a request for a revised Specific Use Permit to allow the expansion of a church, located at 7750 Highway 105 in an R -S (Residential Single -Family) District: 1. Seek approval from TXDOT for the proposed storm drain system. 2. When adjacent property is developed, install the required eight (8) foot fence and ten (10) foot wide landscaped buffer along the north and west property lines. 3. New parking area shall be designed to include all required landscaping. 4. Construct a sidewalk along front of property. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with the following conditions: 1. Seek approval from TXDOT for the proposed storm drain system. 2. When adjacent property is developed, install the required eight (8) foot fence and ten (10) foot wide landscaped buffer along the north and west property lines. 3. New parking area shall be designed to include all required landscaping. 4. Construct a sidewalk along front of property. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: John Polk APPLICANTS ADDRESS: 2898 W. Cedar St. - Beaumont, TX 77702 APPLICANT'S PHONE #: (409) 838-3006 FAX #: (409) 838-9006 r NAME of OWNER: Northwest Church of Christ ADDRESS OF OWNER: 7750 Highway'105 - Beaumont, TX 77713 LOCATION OF PROPERTY: Beaumont, TX LEGAL DESCRIPTION OF PROPERTY: LOT NO. N/A OR TRACT See attached BLOCK NO. N/A PLAT ADDITION N/A SURVEY NUMBER OF ACRES N/A NUMBER OF ACRES 3.607 For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Classrooms z6NE: 4,"G4 i2S ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. See attached site pull ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN. See attached site plan THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. See responses on following page ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN %2 ACRE .................................................................$250.00 '/z ACRE OR MORE AND LESS THAN 5 ACRES ................... $450Z• 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, de tand that all of the conditions, i nsion building sizes, landscaping and parking areas "depicted on the site plan shall be adhered to as am nded ` approve by City il. SIGNATURE OF APPLICANT: DATE: 4 IZ 1-7 SIGNATURE OF PLEASE TYPE OR PRINT AND FILE NUMBER: DATE RECEIVED: TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 TE: PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. INCLUDE THE FOLLOWING INFORMATION ON A SITE PLAN. THE PLAN MUST BE DRAWN TO SCALE. See attached civil drawings from Fittz & Shipman o -Boundaries of the area covered by the site plan; o The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roof line, gross floor area and location of building entrances and exits; o The location of existing and proposed drainage ways and significant natural features; o Proposed required landscaping and screening buffers (Section 28.04.006); o The location and dimensions of all curb cuts, public and private streets, required parking and loading areas, pedestrian walks, lighting facilities, and outside trash storage facilities (Section 28.04.002 and Section 28.04.006); o The location, height and type of each existing or required wall, fence, and all other types of screening (Section 28.03.024); o The location, height and size of all proposed signs (Section 28.04.003). SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED: See corresponding numbers 1 and 2 below o That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; 1 o That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 1 o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 2 o The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; 1 o That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 1 o That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; 1 o That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and 2 o That the proposed use is in accordance with the Comprehensive Plan. 1 See attached email from Ronnie Jones dated 4/10/2017 2 See attached civil drawings from Fittz & Shipman From: Ronnie Jones <rjones@architect-aia.com> Sent: Monday, April 10, 2017 4:52 PM To: John Polk Cc: Mark Banks Subject: RE: Emailing: SUP 4-10-17 520.pdf John, Here are the suggested responses to the SUP as requested. That the specific use will be carmpatible with - and not. inju, rio-as tu thle'. - U p ro erty. nor si gnificantly dinIIIIII-sheir inipair prop 1h me,., - me�vich ,P va, luo.-. within fhl�'J. di t": 0 That the establishment of the specific rise will no. t impede the normal and -orderly,:. devel improvement of surroundiner vacant -propem, a The Church is currently operating under a prior Specific Use Permit. The proposed addition will not change the function of the facility, is compatible with and not injurious to the use and enjoyment of the other property, nor significantly diminish or impair property values within the immediate vicinity. 0 Amending the Specific Use Permit will not impede the normal and orderly development and improvement of surrounding vacant property. P 0 0 That adecines tnuisance prevention measures have been -or* -IVVIII be takr�en. to.. r. 'V ntri odor pi s, dust. not and vibra.-ti II' -t - 0 aha t alrecti onal fi.ghfin cr will b e prov, ided so as n o t to di sturb -or adv`oerselv af Geet n OrIllo -eigyhb 0 The classroom addition will not produce offensive odors, fumes, dust, noise or vibrations. 0 Directional lighting will be installed such that it will not disturb or adversely affect neighboring properties. Thatiffie proposed use is in. accordance with th eCornprehe-nisive Plan.,. 6 The proposed use of the facility will not be changed by this addition, and is in accordance with the Comprehensive Plan. R dese;6bing all processes. and adivities mi'voIN;eed -w-ii-th the -pro �s' L1, e, T-T—A A LETTE no ed s q. . a The proposed project is a classroom addition to the current Church Campus. This facility will be used on Wednesday's and Sunday's for worship services. Ronnie Jones, AIA RID President Architectural Alliance, Inc. 350 Pine Street, Suite 720 Beaumont, TX 77701 Phone: 409.866.7196 Cell: 409.656.6307 Notice: This message is confidential, is intended only for the named recipient(s) and may contain information that is privileged or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you received this message and are not an intended recipient, please delete it from your computer system without copying or forwarding it, and notify the sender by either sending a return e-mail or calling the number above. -----Original Message ---- From: John Polk (mailto:jpolk@danielsinc.coml Sent: Monday, April 10, 2017 2:59 PM To: Ronnie Jones <rjones@architect-aia.com> Subject: Emailing: SUP 4-10-17 520.pdf Your message is ready to be sent with the following file or link attachments: SUP 4-10-17 520.pdf Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 0J ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A CHURCH IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 7750 HIGHWAY 105 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on August 28, 1984, the City Council of the City of Beaumont, Texas adopted Ordinance No. 84-109 issuing a specific use permit for a church and accessory activities building in an RS (Residential Single Family District) on property located at 7750 Highway 105; and, WHEREAS, John Polk, on behalf of Northwest Church of Christ, wishes to amend the specific use permit to allow the expansion of a church in an RS Residential Single Family Dwelling) District at 7750 Highway 105, being Plat RS -5, Tract 65-D, Easley Survey, Abstract 20, Beaumont, Jefferson County, Texas, containing 3.607 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 to amend the specific use permit to allow an expansion of a church in an RS (Residential Single Family Dwelling) District at 7750 highway 105, subject to the following conditions: • Seek approval from TxDOT for the proposed storm drain system • When adjacent property is developed, Install the required eight (8) foot fence and ten (10) foot wide landscaped buffer along the north and west property lines • New parking area shall be designed to include all required landscaping • Construct a sidewalk along front of property ; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit to allow the expansion of a church 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 Ordinance No. 84-109 be amended by amending the specific use permit granted to Northwest Church of Christ to allow the expansion of a church in an RS (Residential Single Family Dwelling) District at 7750 Highway 105, being Plat RS -5, Tract 65-D, D. Easley Survey, Abstract 20, Beaumont, Jefferson County, Texas, containing 3.607 acres, more or less as shown on Exhibit "A," is hereby granted to Northwest Church of Christ, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Seek approval from TxDOT for the proposed storm drain system • When adjacent property is developed, Install the required eight (8) foot fence and ten (10) foot wide landscaped buffer along the north and west property lines • New parking area shall be designed to include all required landscaping • Construct a sidewalk along front of property; Section 2. That the amended 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of May, 2017. - Mayor Becky Ames - r a :� ik :rte 1 . ��< }= �sn•� _ _ = - 44o7, i..�'..y.,.'�MUM i'+, < �' 1•tr� �k4 a Y A) -r <��a 4 • • hx n e� r �4 +•: Ye e� u�� l uS Tx ❑ s, 1, • w3 Wks sem' -Y�` xKy'i' 'itk.� nm "eye �, ZE'a FC. 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I �' yt�e'�}- CN�4_4� ; �;Srf sem`_ s `i+ .4 t c*z L� %-- � 5'W—Na, :� 0 3z I xt r D L —fr 1 0 `i e) t G 1 u Ell WON f � br. � �pBk �b�'•�.-sem., 1� � '�2 �t _� �,� %��px��j• f� �� ` p! �3 ' s p �..i�'Pn - _� ; 7 a �' `RNtr It _" ta''°�+` y_ al � ,��,r� L. L- J,�-`•"�`u � F �•1[.>� ."�e;. k�' �.' �i�...rf �a { 1 -.. 3F�i'-� l+l yI r 3Y�vy' r.,Y. .a t - u5' ,megRug ® I 1 F:11 G I '-i' 1 d zry� '.� — r '3 o ,ice— ''h 4- Via».?„'... _ L _ _ s3. + a1 S rszMa WMAt DANIEL �� ,__ W_�� I. Seek approval from TX0OTforthe proposed storm drain system. - 2. When . eveoped,in�aUthe required eight (8)foot fence and ten (l0)foot wid landscaped buffer along the north and west prope�yUnes. e I New parking area shall bedesigned toinclude all required |andscapinQ 4. Construct sidewalk along front ofprope�y. ' ' = |&N fit if! = � ° DIMENSIONAL PLAN 3 May 23, 2017 Consider a request for the abandonment of a portion of the Sawyer Street right-of-way BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: May 23, 2017 REQUESTED ACTION: Consider a request for the abandonment of a portion of the Sawyer Street right-of-way. BACKGROUND Mark Fertitta, manager of SET Asset Properties, LLC (owner of 191 11th Street), is requesting an abandonment of this portion of Sawyer Street. The building located at 191 11th Street encroaches into the Sawyer Street right-of-way 4.9 feet. The request is made to satisfy requirements of a potential lessor. The property has operated in the past under a license to encroach, but this arrangement is problematic, given that the potential tenant may perform extensive upgrades to the property. At a Joint Public Hearing held on May 15, 2017, the Planning Commission recommended 6:0 to approve a request for the abandonement of a portion of the Sawyer Street right-of-way. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR RIGHT-OF-WAY OR UTILITYEASEMENT ABANDONMENT CITY OF BEAUMONT, 'TEXAS THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY (ROW). �.TT1l17.T A nT/�TTT f1L` SSTA �T U7TT U'CT A TAT A TTT_L7 iT�7 TP A OLT A"C1.lT 3 �3 ff FSB�•i 4 3@ F1i3FS 8`i�R ! f`�3.i$Yi- � =3F3 EE_ T 3 E" ® Y om'- f �Y S GSJTYS bS9 S NAME OF APPLICANT: MARK A. FERTITTA PHONE: 409.839.4428 FAX: 409.832.4344 AUTHORITY OF APPLICANT: Manager of SET Asset Properties, LLC, Buyer of subject property under existing contract of Purchase and Sale NAME OF OWNER Allan L. Levine Family Trust PHONE: 818.6365-3769 FAX: ADDRESS: 21900 Marylee Street #261, Woodland Hills, CA 91367 ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE.ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION) DESCRIPTION OF ROW OR UE TO BE ABANDONED: Encroachment of Building 4.90 feet for a.distance of 85.20 feet onto the most Easterly right-of-way of Sawyer Street ( a 60' right of way), described as PIat C6, Tract 62, N. Nevis Survey, ab. 52; being the subject of a current License To Encroach from the City of Beaumont to 1 i s, Street Properties/C W Conn, as set out in License to Encroach recorded under County Clerk's File No. 2002-29791 Official Public Records of Real Property of Jefferson County, Texas. PRESENT USE OF -ROW OR UE (LIST UTILITIES IF PRESENT) The most westerly 4.90 feet of a commercial building now exists upon the subject encroachment ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION'OF PROPERTY: Encroachment being onto the City of Beaumont's sixty (60) foot Sawyer Street right-of-way, which is described as platy C6, Tract 62, N. Tevis Survey, Ab. 52; a commercial building encroaching 4.90 feet for a distance of 85.20 feet into the said sixty (60) foot Sawyer Street right -of --way, being an encroachment from the property located at 195 N. I I" Street, Beaumont, Jefferson County, Texas, as shown more clearly on the plat attached. ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIMENSIONED AND TO ENGINEERING SCALE). ATTACH THE $30.0.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND TITLE COMMITMENTS. IF PROPERTY•IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE CHARGED, TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. SIGNATURE OF APPLICANT: Mark A. Fertitta PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: DATE RECEIVED: DATE: April 24, 2017 CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: April 24, 2017 We, the undersigned, being the sole owners of all the property abutting the proposed abandonment of the portion of Sawyer Street onto which the building located at 185 N. 11 0' Street, Beaumont, Texas, encroaches pursuant to the License to Encroach recorded under Clerk's File No. 2002029791 in the Official Public Records of Real Property of Jefferson County, Texas, hereby . respectfully petition -that the right-of-way, alley, or utility easement be closed and.abandoned. OWNER and ADDRESS Lot Block Addition (tract) (tax plat) (survey). Allan L. Levine Family Trust 21900 Marylee Street, No. 261, Woodland Hills, California 91367 185 -- 195 North 10' Street, Beaumont, Texas, .5989 acres out of the Noah Tevis Survey, Abs. 52, Jefferson County, Texas, being located at the Southwest intersection of North 11 "' Street and Laurel Avenue, encroaching into Sawyer Street by 4.90 feet for a distance of 85.20 feet. NOTE: Please pr gtfor type your name and then use signature: Separate'sheets may be used. Trustee Telephone 409.839.4428 The City of Beaumont, Texas Plan_ ring Division 801 Main, Suite 201 Beaumont; Texas 77701 April 24, 2017 Gentlemen: SET ASSET PROPERTIES, LLC A Texas limited liability company c/o Mark A. Fertitta Fertitta Realty, Inc. 5755 Eastex Freeway Beaumont, Texas 77706 E-mail: m1958mark0aol.com Re: Original Old Conn Appliance Building, . 195 North l lth Street, Beaumont, Texas My company, SET Asset Properties, LLC has been working with Debbie Cowart in negotiating a Iong-term. lease whereby the University of Texas Medical Branch willoperate a medical clinic wrtbin the above described building to contain a minimum. of 10,800 square feet. This major medical facility will be a welcome addition to the Beaumont medical community which is growing to make Beaumont a destination for first-class medical services. The plan involves a major remodel and upgrade of the original old Conn Appliance Building at 195 North 1-1'h Street, as well as the demolition of an adjacent building to provide adequate parking.' The remodeling, demolition and construction is all proposed to be done in a `first-class' manner, with a resulting finished facility that is both up-to-date, code compliant and attractive. Although we are very near negotiating the final lease and improvement terms, there is a significant- problem with the property that makes the project problematic at best — and if not resolved, impossible. As you may recall, due to.the many expansions of Laurel, Sawyer and 11 1h Street, the old Conn. Appliance Building as a result; extends into Sawyer Street (west and parallel to 11 h Street) for an encroachment of 85.20 feet, being 4.90 feet into Sawyer Street. As buyer under an existing contract of Purchase and Sale of the subject property, we have joined with the record owner of the property in submitting the foregoing application for abandonment of a portion of a right-of-way as specified therein. We are prepared to invest more than $2,000,000.00 in acquiring this property, arranging for the use of the adjacent property at 175 North 11th Street, demolishing the improvements on 175 North 11th Street, constructing an adequate combined parking lot -complying with all .City requirements, and making the substantial improvements to the "Old Conn Appliance Building" Planning Division City of Beaumont, Texas" April 24,201-7 Page 2 to convert it to the attractive, code -compliant and functional medical clinic. However, in order to proceed, we need to arrange for the City of Beaumont to proceed with the abandonment of the subject 4.90 feet by 85.20 feet tract upon which the building now encroaches. We are hopeful to move forward with this exciting project for our company and for Beaumont forthwith, but the License to Encroach is a current stumbling block which we must resolve in order to move forward. I will be happy to meet with you, the City Planner, or any other City Officials you may desire at your convenience. Thank you for your consideration — I will look forward to your response at your first opportunity, as UTU B desires to' proceed forthwith in negotiating the final terms of the proposed lease and agreeing upon specifics of construction by the Landlord. Sincerely yours, Mark A. Fertitta, Manager SET Asset Properties, LLC A Texas limited liability company ��;'r �x^.1 m �` __#$ �--�«�-,.^ °'�u9.�..�..,,�--,d w.-,,,.� ",X3' i 3 ,�a t. : � �._f � _..-•.,ao. _ � JA a 77, v ill " �` ='=-=h—^`�'�• �",.�.A .—.._`:-`i ,2 . «---�'--_"' --="ea"`•.. r �'P �,.e � .ydt�.6.�.��.^..�L��ss d °`�--"T,`;,P i �,,e� .i'"".� oC�S � X70000 � 6 �§r"•-'- � �~ "�. 1 i_�e � }� � ° ` t I `� 1�`.r � � Y pt ,SAC`S - `"..-' _ � T�t � � . � R ` "� �t .�jj�- IC r�r+i"i 1� y ,t,'�� •t.� '., t� rt..j ON ,,F AV }}. i`=r � '6 � l-4ip� may- �t �•' , m` '.�._�a.,.:. ._ � c r••± _`t _„cs._-xo__4t,a � ; � �� 6ae ems'' ^ ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF THE SAWYER STREET RIGHT-OF-WAY JUST SOUTH OF LAUREL STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; AND RETAINING A GENERAL UTILITY EASEMENT. WHEREAS, Mark Fertitta, owner of SET Asset Properties, LLC has requested the abandonment of a portion of the Sawyer Street right-of-way just south of Laurel Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit 1" and shown on Exhibit "A," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the right-of-way is no longer necessary for municipal street purposes and the abandonment of said right-of-way 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 resolution are hereby, in all things, approved and adopted; and, THAT a portion of the Sawyer Street right-of-way just south of Laurel Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "1" and shown on Exhibit "A," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of May, 2017. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being an 85.2'x 4.9' portion of the Sawyer Street right-of-way, located along the east right-of- way line, extending —15 feet south of the Laurel Street right-of-way. See Exhibit "A" EXHIBIT -O 1►,U LICENSE TO ENCROACH INTO SAWYER STREET RIQHT—OIC—WAY . PLA? CO. TRACTof2r' H.TEVI3 SURVEY, ABSTRACT 52 t 996. N. 11TH STREET � CWI~ E.R., 11TH 'STREET PROPER$IE3 C.W. CONN LE SUBJECT PROPERTY MAIL SCT - IN ASPM 60" 460 777 F. - Ld W 4 3USJECT LOCATION MAP . N -T S LAUREL AVENUE CONN'S= APPLIANCE EXHIBIT "All ass F-- LnJ Li F— V) F -p z L1 Ld W IN CONC I film lom �r - amm NMI w �a �ii ��R�� .`:. �L'1 �al•ii• LOCATION MAP . N -T S LAUREL AVENUE CONN'S= APPLIANCE EXHIBIT "All ass F-- LnJ Li F— V) F -p z L1 Ld W IN CONC I WORK SESSION Review and discuss a request from the Southeast Texas Arts Council for a State designation for a "Cultural Arts District"