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HomeMy WebLinkAboutPACKET FEB 27 2018BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 27, 2018 1:30 P.M. CONSENT AGENDA Approval of minutes — February 20, 2018 Confirmation of board and commission member appointments A) Authorize the City Manager to apply for and receive funding through the Department of Homeland Security Grant Program B) Approve the renewal of a lease agreement with Some Other Place C) Authorize the City Manager or his designee to execute all documents necessary, specifically including a Memorandum of Understanding between the United States Marshals Service and the Beaumont Police Department D) Authorize the City Manager to execute all documents necessary for an affiliation agreement between the City of Beaumont and Training Division.com E) Authorize the City Manager to execute all documents necessary for the Beaumont Convention and Visitors Bureau to apply for and accept grant funds from the Jefferson County Tourism Commission as part of a billboard advertising effort F) Approve the change of vendor in a previously approved purchase order for the purchase of four vehicles G) Authorize the City Manager to renew the loan agreement with the National Museum of the United States Air Force F3 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 27, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding in an amount up to $147,830 through the Department of Homeland Security Grant Program (HSGP). The Homeland Security Grant Program consists of a number of grant programs, one of which is the State Homeland Security Program (SHSP). Beaumont could be awarded up to $147,830 for equipment. Grant requirements include separating the equipment into specified projects based on anticipated allocation and use. Projects include an LETPA (Law Enforcement Terrorist Prevention Activities) Sustaining Special Response Teams Project to purchase a mobile camera surveillance system ($12,200), tactical equipment for SWAT to include boots and shirts for SWAT ($7,800), 26 tactical helmets ($33,780) to maintain warranted ballistic protection, one plotter for the EOC ($4,500), one Smart Board ($5,700), one Camcorder ($1,300), an EOC Media Project ($14,000) to include replacing the projector in the EOC briefing room and updating firmware to allow the newer equipment to work on the current network, and multiple tourniquets ($650). The second project is an SHSP Sustaining Special Response Teams Project to replace four MINIRAE lite monitors ($11,600) that have exceeded their anticipated life span and 12 radios that are approaching end of life ($56,300) to support the Beaumont Fire/Rescue Department. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the CITY COUNCIL finds it in the best interest of the citizens of Beaumont, that the LETPA (Law Enforcement Terrorist Prevention Activities) Sustaining Special Response Teams Project for the Police Department and the Sustaining Special Response Teams Project for the Fire Department be operated for fiscal year 2018; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to apply for and receive funding in an amount up to $147,830 from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor, Homeland Security Grant Division for fiscal year 2018; and, BE IT ALSO RESOLVED THAT in the event of loss or misuse of the 2018 Homeland Security Grant Program funds, the City of Beaumont assures that funds will be returned in full to the Office of the Governor, Homeland Security Grant Division; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby designated as the authorized official to execute all documents necessary to apply for and accept grant funding from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor, Homeland Security Grant Division in the amount up to $147,830 for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of February, 2018. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 27, 2018 REQUESTED ACTION: Council consider the renewal of a lease agreement with Some Other Place. 10 _._ 4; 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 option to renew the twenty (20) year lease extension between the City of Beaumont and Some Other Place, Inc., substantially in the form attached hereto as Exhibit "A," in the amount of $10,500.00. The extension includes the option to renew for an additional twenty (20) year term thereafter. 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 27th day of February, 2018. - Mayor Becky Ames - LEASE AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § This lease is made and executed on March , 2018, by and between THE CITY OF BEAUMONT, a municipal corporation organized under the laws of the State of Texas, located and domiciled in Jefferson County, Texas, herein referred to as "Lessor," and SOME OTHER PLACE, INC., a non-profit corporation organized under the laws of the State of Texas, having its principal place of business in the City of Beaumont, County of Jefferson, State of Texas, herein referred to as "Lessee." as follows: In consideration of the mutual covenants contained herein, the parties agree Lessor leases to Lessee the premises described in Exhibit "A," attached hereto and made a part hereof. The term of this lease is twenty (20) years, beginning April 1, 2018 and terminating at twelve o'clock (12:00) p.m. on the day before the twentieth (20th) anniversary date. Lessee is hereby granted an option to renew this lease for an additional term -1- EXHIBIT "A" of twenty (20) years under the same terms and conditions. This option will be exercised by written notice given to the Lessor at least 180 days prior to the end of the initial twenty (20) yearterm. The total rent under this lease is Ten Thousand Five Hundred Dollars ($10,500), which will be paid as follows: One Thousand Dollars ($1,000) upon execution of this lease and Five Hundred Dollars ($500) per year for the remaining nineteen (19) years of the lease. Lease payments are due on or before May 1 of each year. IV. Lessee has constructed a building on the premises suitable for use as a social services building. The building is approximately 7,000 square feet. Lessee will obtain broad form fire and extended coverage insurance on the building and provide Lessor with a copy of such insurance policy. The building is to be considered a fixture to the land and is the property of the Lessor. V. The premises are to be used for the purpose of operating a nonprofit social services agency. Lessee shall restrict its use to such purposes and shall not use or permit the use of the premises for any other purpose without the written consent of Lessor or Lessor's authorized agent. Race, creed, religion, sex or national origin shall not be used -2- by Lessee as a basis for either accepting or rejecting persons for assistance. Lessee must conduct its business on the premises in a safe and sanitary manner at all times. VI. Lessee shall not use the premises in any manner that will increase risks covered by insurance on the premises and result in an increase in the rate of insurance or a cancellation of any insurance policy, even if such use may be in furtherance of Lessee's business purposes. Lessee shall not keep, use or sell anything prohibited by any policy of fire insurance covering the premises, and shall comply with all requirements of the insurers applicable to the premises necessary to keep in force the fire and liability insurance. VII. Lessee shall not allow any waste or nuisance on the premises, or use or allow the premises to be used for any unlawful purpose. VIII. Lessee shall arrange and pay for all utilities furnished to the premises for the term of this lease, including electricity, gas, water, sewer and telephone services. IX. Lessee shall, at all times during the lease and it its own cost and expense, repair, replace, and maintain in a good, safe, and substantial condition, all buildings and any improvements, additions, and alterations thereto, on the demised premises, and shall 3 use all reasonable precaution to prevent waste, damage, or injury to the demised premises. F� Lessor shall not be liable for liability or damage claims for injury or death to persons or property from any cause relating to the occupancy of the premises by Lessee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the leased premises during the term of this lease or any extension thereof. The Lessee agrees to indemnify and save harmless Lessor from any and all claims, causes of action, and damages of every kind, for injury to or death of any person and damages to property arising out of the occupancy and use of the premises or the operations embraced by this lease, and including acts or omissions of the Lessor in connection therewith. XI. Lessee shall carry Public Liability and Property Damages Insurance covering operations hazards (and including the Lessee's obligations under the indemnification provision contained in Paragraph X) with a company acceptable to City with City as a named insured in the sums of One Hundred Thousand and No/100 Dollars ($100,000.00) per individual, Three Hundred Thousand and No/100 Dollars ($300,000.00) per occurrence, and Fifty Thousand and No/100 Dollars ($50,000.00) property damage. Lessee shall further, at its own cost, maintain an umbrella or disaster type secondary excess insurance coverage of not less than One Million Dollars ($1,000,000); provided, however, should Lessor determine at any time during the term of this agreement that the above coverage is inadequate, it shall notify Lessee in writing to increase the amount of SEE such insurance so the same shall be adequate. The failure of Lessee to obtain said additional insurance within thirty. (30) days of Lessor's request shall constitute a breach of this lease. A copy of the original policy shall be filed with the City Clerk of City. am Lessee shall not assign or sublease the premises or any right or privilege connected therewith without first obtaining the written consent of Lessor. XIII. The appointment of a receiver to take possession of the assets of Lessee, a general assignment for the benefit of the creditors of Lessee, any action taken or allowed to be taken by Lessee under any bankruptcy act, or the failure of Lessee to comply with each and every term and condition of this lease shall constitute a breach of this lease. If Lessee fails to operate as a nonprofit social service agency, it shall constitute a breach and a default. Lessee shall have thirty (30) days after receipt of written notice from Lessor of any breach to correct the conditions specified in the notice. XIV. Lessor shall have the following remedy in addition to its other rights and remedies in the event Lessee breaches this lease agreement: Lessor shall have the right to terminate this lease on fifteen (15) day's written notice to Lessee of any matter constituting a default or breach of this lease. -5- All improvements constructed by Lessee on the leased premises shall become the property of Lessor upon the termination of the lease for any reason. XV. If Lessor files an action to enforce any agreement contained in this lease, or for breach of any covenant or condition, Lessee shall pay Lessor reasonable attorney's fees for the services of Lessor's attorney in the action, all fees to be fixed by the court. XVI. Eminent domain proceedings resulting in the condemnation of a part of the premises leased herein, but leaving the remaining premises usable by Lessee for the purposes of its business, will not terminate this lease unless Lessor, at its option, terminates the lease by giving written notice of termination to Lessee. The effect of any condemnation, where the option to terminate is not exercised, will be to terminate'the lease as to the portion of the premises condemned, and the lease of the remainder of the demised premises shall remain intact. Lessee hereby assigns and transfers to Lessor any claim he may have to compensation for damages as a result of any condemnation. day of IN WITNESS WHEREOF, the parties have executed this lease this the 2018. 9M. ATTEST: Tina Broussard City Clerk ATTEST: (Name) CITY OF BEAUMONT Kyle Hayes City Manager SOME OTHER PLACE, INC. Paula O'Neil Executive Director rm C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: February 27, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to execute all documents necessary, specifically including a Memorandum of Understanding between the United States Marshals Service and the Beaumont Police Department. BACKGROUND The Memorandum of Understanding would allow the Police Department to detail one of our Officers to the United States Marshals Service (Violent Offender Task Force). 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 all documents necessary, specifically including a Memorandum of Understanding between the City of Beaumont Police Department and the United States Marshals Service for the purpose of detailing one (1) experienced officer to the United States Marshals Service's Violent Offender Task Force. The Memorandum of Understanding 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 27th day of February, 2018. - Mayor Becky Ames - United States Marshals Service Violent Offender Task Force - Memorandum of Understanding PARTIES AND AUTHORITY: This -Memorandum of Understanding (MOU) is entered into by the Beaumont Police Department and the United States Marshals Service (USMS) pursuant to 28 U.S.C. § 566(e)(1)(B). As set forth in the Presidential Threat Protection Act of 2000 and directed by the Attorney General, the USMS has been granted authority to direct and coordinate permanent USMS Violent Offender Task Forces consisting of Federal, state, and local law enforcement authorities for the purpose of locating and apprehending fugitives. The authority of the USMS to investigate fugitive matters as directed by the Attorney General is set forth in 28 USC § 566. The Director's authority to direct and supervise all activities of the USMS is set forth in 28 USC § 561(g) and 28 CFR 0.111: The authority of United States Marshals and Deputy U.S. Marshals, "in executing the laws of the United States within a State ... [to] exercise the same powers which a sheriff of the State may exercise in executing the Iaws thereof' is set forth in 28 USC § 564. Additional authority is derived from 18 USC § 3053 and Office of Investigative Agency Polflons 2 & 15. (See also) 'Memorandum for Howard M. Shapiro, General Counsel, Federal Bureau of Investigation" concerning the "Authority to Pursue Non - Federal Fugitives", issued by the U.S. Department of Justice, Office of Legal Counsel, dated February 21, 1995. (See also) Memorandum concerning the Authority to Pursue Non -Federal Fugitives, issued by the USMS Office of General Counsel, dated May, 1, 1995. (See also) 42 U.S.C. § 16941(a)(the Attorney General shall use the resources of federal law enforcement, including the United States Marshals Service, to assist jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements). AUSSION: The primary mission of the task force is to investigate and arrest, as part of joint law enforcement operations, persons who have active state and federal warrants for their arrest. The intent of the joint effort is to investigate and apprehend local, state and federal fugitives, thereby improving public safety and reducing violent crime. Each participating agency agrees to refer cases for invesfigation by the VOTF (Violent Offender Task Force). Cases will be adopted by the VOTF at the discretion of the District Chief Deputy. Targeted crimes will primarily include violent crimes against persons, weapons offenses, felony drug offenses, failure to register as a sex offender, and crimes committed by subjects who have a criminal history involving violent crimes, felony drug offenses, and/or weapons offenses. Upon receipt of a written request, the VOTF may also assist hon participating law enforcement agencies in investigating, locating and arresting their fugitives. Task force personnel will be assigned federal, state, and local fugitive cases for investigation. Investigative teams will consist of personnel from different agencies whenever possible. Participating agencies retain responsibility for the cases they refer to the VOTF. Federal fugitive cases referred to the task force for investigation by any participating agency will be entered into the National Crime Information Center (NCIC) by the USMS or originating agency, as appropriate; State or local fugitive cases will be entered. into NCIC (and other applicable state or local lookout systems) as appropriate by the concerned state or local agency. SUPERVISION: The VOTF will consist of law enforcement and administrative personnel from federal, state, and local law enforcement agencies. Agency personnel must he approved by the District Chief Deputy prior to assignment to the VOTF. Agency personnel may be removed at any time at the discretion of the District Chief Deputy. . Direction and coordination of the VOTF shall be the responsibility of the USMS District Chief Deputy. Administrative matters which are internal to the participating agencies remain the responsibility of the respective agencies. Furthermore, each agency retains responsibility for the conduct of its personnel. A Task Force Advisory Committee, consisting df representatives of participating agencies and USMS district personnel, may be established at the discretion of the District Chief Deputy and will meet and confer as necessary to review and address issues concerning operational matters within the VOTF. Page 1 of 3 EXHIBIT "A" PERSONNEL: In accordance with Homeland Security Presidential Directive 12, personnel assigned to the task force are required to undergo background investigations in order to be provided unescorted access to USMS offices, records, and computer systems. The USMS shall bear the costs associated with those investigations. Non-USMS law enforcement officers assigned to the task force will be deputized as Special Deputy U.S. Marshals. Task force personnel may be required to travel outside of the jurisdiction to which they are normally assigned in furtherance of task force operations. State or local task force officers traveling on offr ,Ial business at the direction of the USMS shall be reimbursed directly by the USMS for their travel expenses in accordance with applicable federal laws, rules, and regulations. REIMBURSEMENT: Ifthe Marshals Service receives Asset Forfeiture funding for either 1) overtime incurred by state and local investigators who provide full time support to USMS VOTF joint law enforcement task forces, or 2) travel, training, purchase or lease of police vehicles, fuel, supplies or equipment for state and local investigators in direct support ofstate and local investigators, the USMS shall, pending availability of funds, reimburse your organization for expenses incurred, depending on which category of funding is provided. Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS -1811-12, Step 1, of the general pay scale for the RUS. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for the VOTF during the quarter, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total quarterly cost. The request for reimbursement must be submitted to the District Chief Deputy, who N01 review the request for reimbursement, stamp and sign indicating that services were received and that the request for reimbursement is approved for payment. Supporting documentation must accompany requests for rennbursement•for equipment, supplies, training, fuel, and vehicle leases. VEHICLES: Pending the availability of asset forfeiture funding, the USMS may acquire vehicles to be utilized by state and local investigators assigned to the VOTF. Vehicles provided by the USMS remain in the control of the USMS and must be used solely in support of VOTF operations. The vehicles must be available for exclusive use of the task force officers assigned to the VOTF by the undersigned participant agency for the duration ofthe agency's participation on the task force. Ifthe agency is no longer a participating member of the VOTF, any vehicle provided to task force officers from the agency must be returned to the USMS. . Operators of USMS-provided vehicles must adhere, to USMS policy regarding the use of government owned vehicles. Any violation of the USMS vehicle policy may result in the vehicle being repossessed by the USMS and the operator and/or agency forfeiting the opportunity to utilize a USMS-provided vehicle in the future. Vehicles provided to state and local investigators may be subject to additional regulations or restrictions pursuant to USMS lease agreements. Replacement or removal of any vehicle provided by the , USMS will be at the discretion ofthe USMS and/or subject to lease agrecmant terms. EQUIPMENT: Pending the availability of Asset Forfeiture funding, the USMS may purchase equipment for state and local investigators assigned to the VOTF. Equipment purchased by the USMS using Asset Forfeiture funding must be used solely in support of VOTF operations. The equipment must be available for exclusive use of the task force officers assigned to the VOTE by the undersigned participant agency for the duration of the agency's participation on the task force. If the agency is no longer a participating member of the VOTF, any equipment purchased with Asset Forfeiture and provided to task force officers from the agency may be retained by the agency. Equipment provided by the USMS that is not purchased using Asset Forfeiture funding remains the property of the USMS and will be issued to state and local investigators for exclusive use in support of the VOTF. If the investigator or agency is no longer a participating member of the VOTE, any equipment issued that was not purchased with Asset Forfeiture funding will be returned to the USMS. RECORDS AND REPORT'S: Original reports of investigation, evidence, and other investigative materials generated, seized, or collected by the VOTE shall be retained by the agency in the VOTF responsible for the case. However, evidence may be tumed over to other law enforcement agencies as appropriate. Copies of investigative reports and other materials may be provided to other agencies in accordance with applicable laws, rules, and regulations. Task force statistics will be maintained in the USMS Justice Detainee Information System (JDIS) - Warrant Information Network (WIN). Statistics will be made available to any participating agency upon request. Page 2 of 3 INFORMANTS: Pending the availability of funds, the USMS may provide funding for the payment of informants. However, all payments of informants utilizing USMS funding shall comply with USMS policy. USE OF FORCE: All members of the VOTF will comply with their agencies' guidelines concerning the use of firearms, deadly force, and less -than lethal devices, to include completing all necessary training and certification requirements. All members of the VOTF and their parent agencies will read and adhere to the DOJ Policy Statement on the Use of Less -Than -Lethal Devices, dated May 16, 2011. Copies of all applicable firearms, deadly force, and less -than -lethal policies shall be provided to the District Chief Deputy and each concerned task force officer. In the event of a shooting involving task force personnel, the incident will be investigated by the appropriate agency(s). Additionally, in the'event of a shooting, the required reporting for the FBI National Use of Force Data Collection should be accomplished by the involved task force personnel's employing agency when the TFO is inside their primary/physical jurisdiction and by the USMS when the TFO is outside their employing agency's primary/physical jurisdiction. If the employing agency wishes to submit such NUOFDC entries regardless of the physical Iocation of the event, that is allowed under this MOU with prior written notice to the USMS. NEWS MEDIA: Media inquires will be referred to the District Chief Deputy. A press release may be issued and press conference held, upon agreement and through coordination with participant agencies' representatives. All press releases will exclusively mare reference to the task force. RELEASE OF LIABILITY: Each agency shall be responsible for the acts or omissions of its. employees. Participating agencies or their employees shall not be considered as.the agents of any other participating agency. Nothing herein waives or limits sovereign immunity under federal or state statutory or constitutional law. EFFECTIVE DATE AND TERMINATION: This MOU is in effect once signed by a law enforcement participant agency. Participating agencies may withdraw their participation after providing 30 days advanced written notice to the District Chief Deputy U.S. Marshal. District•. Eastern District of Texas United States Marshal: Print Name: Signature: Date: Thomas Smith Participant Agency: Name: Phone: Beaumont Police Department 409-880-3865 Location (City and Sate): Beaumont, TX Participant Agency Representative: Print Name and Title: Signature: Date: Assistant Director, Investigative Operations Division: Print Name: Signature: Date: Page 3 of 3 Pol BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: February 27, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary for an affiliation agreement between the City of Beaumont and Training Division.com. i ._ ►_ � 1 J►� 1 Training Division.com is requesting an agreement with the City of Beaumont's Emergency Medical Services Division to provide clinical experience to its students majoring in the Emergency Medical Services Program. The responsibilities of Training Division.com will include but not be limited to the following: - provision of classroom theory; - preparation of students assignments; - continuous communications with Beaumont EMS regarding student performance; and - supervision of students. The responsibilities of Beaumont EMS will include but not be limited to the following: - acceptance and reasonable orientation of students; - coordination of the college's assignment schedule; - assistance in evaluation of each student; - designation of an individual to serve as liaison with the college; - provision of reasonable opportunities for students to observe and assist in various aspects of patient care; and - ultimate control of responsibility of patient care. 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 all documents necessary to enter into an Affiliation Agreement between the City of Beaumont EMS Division and Training Division.com for clinical experience and educational purposes under the supervision of the City of Beaumont EMS Division. The Affiliation 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 27th day of February, 2018. - Mayor Becky Ames - IL "COME3INING TRADITION WITH TECHNOLOGY Training Division.com EMS Agreement for Ambulance Internship This contract and agreement made and entered into this 29th day of December 2017 by and between Training Division.com and Beaumont EMS. WHEREAS, it is agreed by the aforementioned parties to be of mutual interest and advantage that the students enrolled in Training Division.com be given the benefit of the educational facilities for clinical practice of EMT's and Paramedics in the care of patients and whereas Training Division.com on this date authorizes the execution of a contract to cover such services. Therefore Training Division.com effects the following affiliation with for a mutually agreed upon number of students enrolled in Training Division.com. This contract is set up for a 3 year renewal. Either party may terminate this agreement by giving a 30 day notice in writing to the other party by certified mail. SPECIFIC RESPONSIBILITIES OF TRAINING DIVISION.COM 1. It shall be the responsibility of Training Division.com after consultation with - Beaumont EMS to plan, coordinate and implement the educational program for the internship period. 2. Training Division.com will provide qualified instructors to teach all prescribed - classes in the EMS program including clinical laboratory practice. In addition, Training Division.com will provide direction to qualified Beaumont EMS personnel who may be assisting with the selected portions of the teaching and/or supervision. 3. Training Division.com will provide administrative functions including admission of student, scheduling of classes and clinical experience, maintaining of attendance records, and maintaining achievement records similar to those maintained for all students at Training Division.com and those by the Texas Department of State Health Services. 4. Training Division.com students and faculty are not to represent themselves as employees of Beaumont EMS at any time. Training Division.com students are to wear a Training Division.com uniform with ID badge recognizing the individual as a Training Division.com student. S. Faculty and students of Training Division.com will abide by the policies and procedures of Beaumont EMS while using its facilities and equipment. EXHIBIT "A" 6. Training Division.com, after consultation with Beaumont EMS personnel, will select suitable clinical experience situations to enable students to meet the objectives of the prescribed curriculum. 7. Training Division.com will provide orientation to Training Division.com students for Beaumont EMS 8. Training Division.com will reimburse Beaumont EMS for any loss or damage of any equipment caused by students or instructor's use of said equipment. 9. The Clinical Coordinator of Training Division.com and/or his designee will provide Beaumont EMS with the learning objectives for Training Division.com students participating in the clinical training through designated departments. 10. The Clinical Coordinator of Training Division.com or his designee will provide Beaumont EMS with a schedule containing days of the week and times of the day to be reserved for Training Division.com students in designated departments. This schedule will be updated monthly or as needed upon agreement of both parties. 11. The Clinical Coordinator of Training Division.com or his designee will provide Beaumont EMS with a notification email and the EMS Director's telephone number. 12. Training Division.com faculty and students will be covered by a $5,000,000 liability insurance policy 13. Training Division.com will indemnify and hold harmless Beaumont EMS from acts of negligence occasioned by Training Division.com students and faculty. 14. Training Division.com faculty will coordinate committee meetings between Training Division.com instructors, appropriate Beaumont EMS personnel and physicians for the purpose of reviewing education goals and progress made in meeting these goals. 15. The Clinical Coordinator of Training Division.com or his designee will coordinate meetings with the, EMS Director or his/her. designee. 16. The student will be required to provide their own personal medical insurance. The student will be responsible for any injuries that are sustained to his or her persons while on a clinical rotation with Beaumont EMS. SPECIFIC RESPONSIBILITIES OF Beaumont EMS 1. Beaumont EMS shall provide facilities for Training Division.com students to practice in designated areas 2. Permit the use of cafeteria facilities by students and instructors. 3. Provide equipment and supplies needed for the care of the patient. 4. Maintain high quality patient care and an environment in which progress planning is made. 5. Provide Training Division.com copies of policies and procedures that pertain to students. 6. Retain responsibility of patient care. Any student found negligent may be refused permission to practice at Beaumont EMS. 7. Permit Training Division.com to inform the Texas Department of State Health. Services or any other governing agencies of the affiliation between both parties. 8. To provide clinical experience for Training Division.com students. TERMINATION Either party may terminate this agreement by giving a 30 day notice in writing to the other party by certified mail. In addition to the aforementioned termination, either party may terminate this agreement if the required state licensing or regulatory agencies remove, suspend or in any way terminate the necessary accreditation or refuse for any reason to approve or once having approved the institution or program thereafter disapprove the institution or program. Such termination being exercisable by either party giving to the other .written notice of such and the agreement on such other terms and at such other times as are mutually agreeable. IN WI'T'NESS THEREOF the parties here to have caused the agreement to be executed by their duly authorized officers on the day and year above written. Training Division. com EMS Clinical Coordinator 10300 FM 1902 Crowley Texas, 76036 Beaumont EMS 3040 College Street Beaumont, Texas 77701 ff .f L' L l lr Date i Kristi Samples Date Kyle Hayes, City Manager E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dean Conwell, Executive Director MEETING DATE: February 21, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary for the Beaumont Convention and Visitors Bureau to apply for and accept grant funds from the Jefferson County Tourism Commission as part of a billboard advertising effort. I.PTG1,', " ' 0 011 The Beaumont Convention and Visitors Bureau would like to apply for grant funds in the amount of $9,600 from the Jefferson County Tourism Commission. The billboard is located on I-2 between McAllen and Weslaco, Texas to promote Beaumont as a premier birding destination. The billboard is centrally located among several birding hotspots in the Rio Grande Valley. The Beaumont Convention and Visitors Bureau contracts with the Lamar Billboard Company for the 12 -month contract. FUNDING SOURCE The annual cost of the billboard is $21,158, with the CVB paying $11,558. RECOMMENDATION Approval of the resolution. Revised 1-22-18 APPLICATION FOR USE OF JEFFERSON COUNTY HOTEL OCCUPANCY TAX FUNDS (FOR ADVERTISING AND PROMOTION FUNDING) Thank you for your interest in promoting tourism and the hotel industry in Jefferson County through the utilization of county Hotel Occupancy Tax (HOT) funds. The use is HOT funds is regulated by law (Tax code 352-1033), which limits the use of those funds for the direct enhancement and promotion of tourism AND the convention and hotel industry. To determine eligibility, the following section of this tax code which ( pertains to advertising/promotion must apply to your application. "Advertise and conduct solicitations and promotional programs to attract tourists and conventions delegates or registrants to the county or its vicinity, any of which may be conducted by the county or through contracts with persons or organizations selected by the county. In addition, a county that borders the Gulf of Mexico and that is authorized to impose the tax by Section 352.002(a)(6) may use 50% or less of the revenue from the tax for the promotion of tourism. I. CRITERIA A. General Information 1. Name of Organization Beaumont Convention and Visitors Bureau 2. What specifically is being marketed or promoted? I.e. facility, event, etc. Beaumont TX is a Birding Destination More specifically Beaumont Birding Hotel Package: One night hotel stay with Beaumont birding_ gift bag received at check in. Gift bag to include Beaumont birding souvenir book, birding Itinerary with map of 28 Great Texas Coastal Birding Trails within 40 mi radius, Birding checklist of top 7 trails, and an exclusive Beaumont Birdie Plush bird with authentic call sound and website linked with a specific Beaumont Attraction. Total Amount of Funds Requested by this Grant? $9,600 4. What is the organization's financial contribution for this project/event? $11,558 Revised 1-22-18 Revised 1-22-18 5. What other funding sources are being pursued or sought? 6. Date of Event if applicable. Please ensure that you are requesting funds far enough in advance to be able to accomplish the goals for which you are requesting funds. Cnntrart from 5/7118 5/S/1 Q rinrin�epr}}}s}}'}}g}'$t}A}} �}'}- lgad}ng-into Slimmer months where visitation increases Billboard located off Interstate 7 between major birding-hot spots such as Estero -Llano CTmnde State. Park World RirdinaCenter, 4anta Ann NWR' and in route from McAllen to Harligen, Texas the host site for Ric Grande Valley Birding Festival (Nov. 9_12). 7. Which hotel/s have you negotiated a special rate if this funding request is being used for an event? Please list hotel/s (do not list rates). Hampton inn Holiday inn X, Suites Beaumont Plaza MCM Flegante 8. Completion date of project May 5, 2019 II. VISITOR IMPACT A. Provide numbers for the following: 1. Total visitors/participants: previous year Please See attached expected this year Revised 1-22-18 2 Revised 1-22-18 2. Visitors/participants who indicated they stayed or will stay in a Jefferson County hotel: previous year. expected this year, III. FUNDING RECAP 1. Provide a specific line item description and amount of exact use of funds being requested. Total should match amount being requested. (If more space is needed, please use attachments.) Amount Line Item 9,600 Contribution toward Lamar Ad Contract 9,600 TOTAL (Should match request on front page) Revised 1-22-18 Revised 1-22-18 IV. MARKETING PLANS A. How will your organization enhance the promotion of tourism AND the convention /hotel industry in Jefferson County? The billboard will not only introduce Beaumont, TX as a birding destination, but it will also direct visitor traffic to go to URL for Birding Hotel Package and more information on Beaumont Birding. The Billboard will also show the location of Beaumont in a Texas silhouette for visual reference. B. What media will be used in your advertising and promotion? Please provide a detailed list of the media to be used, i.e. Houston Chronicle, KHOU, Southern Living, etc. (Must be outside 75 -mile radius of Jefferson County) Lamar Advertising, 2001 Industrial Wad, San Benito, TX 78586 By signing this application, I, individually and on behalf of my organization, represent and agree that: 1. I have full authority to execute this application on behalf of myself, group, and organization; 2. Any funds allocated out of Hotel Occupancy Tax monies will be used solely in the manner set forth in the award letter; 3. I as a representative and my organization will, within 60 days following the date of my/our project/event, provide a complete and detailed accounting to the Jefferson County Tourism Commission, c/o Kathi Hughes, in such form as may be provided/requested; 4. Failure to provide the report within 60 days and/or to use the allocated monies solely for the purposes for which such funds were awarded shall render me and my group/organization liable for reimbursement to Jefferson County of all such funds, plus reasonable court costs and attorney fees. 5. Please submit a W-9 Form with application. Revised 1-22-18 4 1 Revised 1-22-18 Date 2/15/2018 Name of Organization Representative Completing Form Return Form to: Ben J. Rogers Regional Visitors Center Attn: Kathi Weathington Hughes 5055 IH -10 South Beaumont, Texas 77705 Questions in regard to the application should be forwarded to Mrs. Kathi Hughes at 409- 842-0500 or 866-432-8951. SPECIAL NOTE: Grants of hotel occupancy tax revenues may statutorily be used only for the promotion of tourism. Expenditure of funds for unauthorized purposes may result in recapture and/or enter into funding decisions in future funding cycles. Revised 1-22-18 5 Dean Conwell Signature Title Executive Director Phone Number 409-880-3749 Federal Tax ID 74-6000278 Address City of Beaumont Convention & Visitors Bureau 505 Willow St Beaumont, TX 77701 E-mail Dean.Conwell@beaumonttexas.gov W-9 Attached yes Return Form to: Ben J. Rogers Regional Visitors Center Attn: Kathi Weathington Hughes 5055 IH -10 South Beaumont, Texas 77705 Questions in regard to the application should be forwarded to Mrs. Kathi Hughes at 409- 842-0500 or 866-432-8951. SPECIAL NOTE: Grants of hotel occupancy tax revenues may statutorily be used only for the promotion of tourism. Expenditure of funds for unauthorized purposes may result in recapture and/or enter into funding decisions in future funding cycles. Revised 1-22-18 5 II. VISITOR UYIPACT A. Provide numbers for the following: 1. Total visitors/participants: previous year expected this year 2. Visitors/participants who indicated they stayed or will stay in a Jefferson County hotel: Visitor Impact: previous year expected this year Please see attached Executive Summary from Economic Impact of Nature Tourism on the Rio Grande Valley (April 2012) Billboard Impact: • 303,185 Weekly Impressions • 1,212,740 in 4 -week period • Course of this Contract: 15,765,620 (5/7/18 -5/5/19) • 7 Major Nature festivals held each year including Rio Grande Valley Birding Festival November 9-12. Economic Impact of Nature Tourism on the Rio Grande Valley: Considering Peak and Off -Peak Visitation for 2011 Report prepared for the South Texas Nature Marketing Coop by: , Department of Recreation, Park & Tourism Sciences and Department of Agricultural Economics Texas A&M University College Station, Texas 77843 AgriLIFE EXTENSION Texas A&M System April 2012 Executive Summary Few can dispute the importance of nature tourism in Texas, especially within the Lower Rio Grande Valley (the Valley). According to Mathis and Matisoff (2004), "Texas is the number one bird - watching state/province in North America, and the Valley is often considered the number two bird - watching destination in North America. The four counties of the Valley—Hidalgo, Starr, Willacy, and Cameron—together have recorded almost 500 bird species—more than all but four states (p. 2)." The purpose of this study was to provide an examination of the economic impact of this niche form of tourism throughout the Rio Grande Valley during both the peak and off-peak tourist seasons during 2011. During twelve weeks throughout 2011 (six weeks in May and June over the off-peak season and six weeks in October, November, and December in the peak season), data were collected from visitors at seven sites: Estero Llano Grande State Park and World Birding Center, Bentsen Rio Grande State Park and World Birding Center, Santa Ana National Wildlife Refuge, Edinburg Scenic Wetlands and World Birding Center, Alamo Inn (a lodging establishment frequented among nature tourists), and Frontera Audubon in Hidalgo County and South Padre Island World Birding Center in Cameron County. Additionally during the peak season (in November), data were collected from visitors to the 18'' Annual Rio Grande Valley Birding Festival in Harlingen. Overall, 870 visitors at the seven sites (and festival) were contacted and asked to participate. Of those, 129 declined to participate and an additional 55 were repeat visitors at other sites. The remaining 686 visitors accepted the survey instrument, yielding an overall response rate of 84.2%. Of the 686 survey instruments, 193 were completed by locals (i.e., residents of the RGV) and 493 were completed by non -locals (i.e., individuals residing outside of the RGV). Of the non -local visitors, 107 reported that nature tourism was neither the primary purpose of their trip nor an impetus to spend extra time in the RGV, so they were excluded from the economic impact analysis. An additional 22 survey instruments were excluded because participants provided insufficient information (e.g., did not provide days, party size, expenditures, etc.), leaving 311 survey instruments representing intentional non -local nature tourists and 53 instruments representing casual visitors who were in the region for other reasons but extended their stay to enjoy nature tourism. Peak visitors (M= 57.0) were slightly older, on average, than off-peak visitors (M= 47.4). Nearly three out of four peak and off-peak visitors had either an undergraduate or graduate degree, with off-peak visitors having slightly higher incomes. The group size for peak visitor parties was on average, 2.3 persons, whereas for off-peak visitors, the average party size was 2.6 individuals. Concerning travel behavior—for nearly three of four peak visitors, the primary purpose of traveling to the Valley was to engage in nature tourism, compared to a little more than 50% of the off-peak visitors. Peak visitors were planning to stay 19.8 days on their current trip versus the 7.3 days that off-peak visitors planned to stay. A majority of peak visitors (74.5%) and off- peak visitors (64.0%) had been to the Valley before, having visited 9.1 and 14.5 times prior, respectively. Most of the visitors, peak (68.6%) and off-peak (80.3%) arrived in the Rio Grande Valley by either private or rental auto. Nearly 85% of both the peak and off-peak visitors indicated they would either "likely" or "highly likely" return to the RGV on future trips. Visitors' perceived relationship with Valley residents were also collected during the peak season. Overall, visitors indicated a strong level of agreement with the items concerning their feelings toward RGV residents. Most notably, visitors indicated the highest level of agreement with the item, "I treat residents of the RGV fairly." Items pertaining to closeness (e.g., making friends with some residents and feel close to some residents) were agreed with the least. Finally, visitors reported their perceived safety in the Valley. By and large, visitors during the peak season agreed that the RGV is safe. In fact, they agreed it was just as safe as other destinations they could choose to visit. Visitors indicated a level of disagreement with the items, "I will tell other people to be careful of crime. in the RGV" and "I feel worried about my personal safety in the RGV." On average, peak season "intentionals" reported spending $822.08 per person on nature tourism experiences in the region and $1,505.20 per capita outside the region. Off-peak intentional nature tourists reported spending $494.72 per person in the region and $552.48 on nature tourism outside the Valley. When considering spending per visitor -day in the region, peak season intentionals spent an estimated $133.22 per visitor -day, and off-peak intentionals spent an estimated $128.22. Based on Texas travel volume estimates formulated by D.K. Shifflet & Associates (2011), 10.1 million leisure person -days occurred in the McAllen -Edinburg -Pharr (4.09 million) and Brownsville -Harlingen (5.92 million) MSAs in 2010. The report indicates that 23.5% of visitors experienced nature tourism in McAllen and 23.3% of visitors in Brownsville did so. Estimated total annual expenditures by intentionals for 2011 were $307,052,400. This direct economic contribution from RGV nature tourism led to a total county -level economic output of $463.0 million and 6,613 full- and part-time jobs annually. This total contribution includes a $266.6 million contribution to gross regional product and a $163.0 million contribution to labor income across the region. Local taxes generated from direct nature tourist expenditures for 2011 was $2,560,300 for sales tax and $7,512,900 for hotel tax. While locals were not considered in estimating the economic impact of nature tourism in RGV, many reported nature tourism expenditures. Residents surveyed during the peak season averaged $346.86 in local nature tourism expenditures, and locals surveyed during the off-peak season averaged $461.17 in annual nature tourism spending within the region. They spent another $131.56 (peak respondents) to $159.58 (off-peak respondents) outside the region. 11 Tools: Proposal Contract Length: Start Date: End Date: Space costf 4 week billing: Number of 4 Week Flights: Space Cost for total: Production cost: Vinyl ($1.50 sq ft)( one time cost/prepayment) Art Fee: No Charge Total Campaign Cost: *Locations are not, secured without an executed contract. *4 week (28 days) billing periods. Q-1 14x4.8 52 week $1,550.00 13 $20,150:00 $1'00&00 $2'1,1.58:00 j— eno Lir 'El. Colitrol Leaflat !,,) Esri,!HFRE, Garmin. USGS, NGA, KIPS Beaumont Convention & Visitors Bureau 1 Map #1 5�n N�an�ei-isnr� Ytuma:` ' Up : - SamPedita- PJICe�6it' IIf iso 4k x ' Fsysvitlr L7 rt�d . 4Ybmar . OS, pp ps -' Sebamian-. - �it�rr Edinburg� -CID, LdvHtEI ?3ay Rdm (io Hondb M ski gf�ma �HrIiS�+n ` mss Market: HIDALGO COUNTY Panel: 30034 TAB Unique ID: 0 Location: Expressway US 83, 0.7 mi. E/O Tower Road SS Alamo, TX Lat/Long: 26.1877/-98.1004 Media/Style: Permanent Bulletin/Regular *Weekly Impressions: Pending Audit Panel Size: 14'0"x48'0" Spec Sheet Vinyl Size: 15'0" x 49'0" Facing/Read: West/Right Illuminated: YES Rate: $1550 (52wk rate, Per billing period Current Advertiser: TITO'S HANDMADE VODKA Miscellaneous: Avail 5/7/18 - 5/5/19 . One time vinyl fee $1008 *Impression values based on: 18+ yrs ................................................................................................................ Brownsville TX1956-399-4900 I Physical Address: 2001 Industrial Way, San Benito, TX 78586 Mailing Address: 2001 Industrial Way, San Benito, TX 78586 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive grant monies from the Jefferson County Tourism Commission (JCTC) in the amount of $9,600 as part of a cooperative billboard advertising _effort for the benefit of the Beaumont Convention and Visitors Bureau. 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 27th day of February, 2018. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 27, 2018 REQUESTED ACTION: Council consider a resolution approving the change of vendor in a previously approved purchase order for the purchase of four vehicles. BACKGROUND On November 7, 2017, Council approved Resolution 17-234, for the purchase of fifty (50) vehicles for use in various City departments from Silsbee Ford. Pricing was obtained through Good Buy, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Good Buy complies with the State of Texas procurement statutes. All fifty (50) vehicles were priced within the Co-op through Silsbee Ford even though four of the vehicles were Chevrolet products. Even though all fifty (50) were priced through Silsbee Ford, the Chevrolet dealer would not allow Silsbee Ford to invoice them but rather has requested for the City to pay the Chevrolet dealership directly. This request from the Chevrolet dealership is a change in past practice but has no effect on the, pricing obtained through the Co-op. It is recommended that the City issue a new purchase order to Lake Country Chevrolet, of Jasper, Texas, in the amount of $138,428.52 which was previously priced through Silsbee Ford in the same amount. The original purchase order to Silsbee Ford will be reduced by the same amount. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on November 7, 2017, the City Council of the City of Beaumont, Texas, approved Resolution 17-234, for the purchase of fifty (50) vehicles for use by various City departments from Silsbee Ford, of Silsbee, Texas, in the amount of $2,056,868.97 through the GoodBuy Cooperative Purchasing Program; and, WHEREAS, included in Resolution No. 17-234 was the purchase of four (4) Chevrolet Tahoe vehicles from Silsbee Ford, of Silsbee, Texas, for the Police Department and Fire Department in the amount of $138,428.52 ; arid, WHEREAS, the pricing of the four (4) Chevrolet vehicles was obtained from Silsbee Ford's sister company, Lake Country Chevrolet, of Jasper, Texas; and, WHEREAS, Silsbee Ford is only able to provide the Chevrolets through Lake Country Chevrolet, therefore, it is necessary to issue a purchase order to Lake Country Chevrolet for the four (4) Chevrolet vehicles; and, WHEREAS, the City Council is of the opinion that approving the issuance of a new purchase order to Lake Country Chevrolet, of Jasper, Texas, for the previously approved purchase of four (4) Chevrolet Tahoe vehicles for the Police Department and Fire Department is proper and is in the best interest of the City of Beaumont and its citizens; 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, T THAT the City Council hereby approves the issuance of a new purchase order to Lake Country Chevrolet, of Jasper, Texas, for the previously approved purchase of four (4) Chevrolet Tahoe vehicles for the Police Department and Fire Department 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 27th day of February, 2018. - Mayor Becky Ames - G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jimmy Neale, Parks & Recreation Director MEETING DATE: February 27, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to renew the loan agreement with the National Museum of the United States Air Force. BACKGROUND In 1992, the United States Air Force loaned the City a jet to be used only for display purposes. The jet is located at Babe D. Zaharias Park. Department of Defense regulations require the Air Force to check each year on the status of the jet to be sure that it is being used as intended. The National Museum of the United States Air Force, which is now charged with the responsibility of verifying the status of the jet, is requesting that the loan agreement be renewed in accordance with the original terms of the loan and federal regulations. The jet is an attractive addition to the park and staff wishes to keep it there on display. 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 the necessary documents to renew the loan agreement with the National Museum of the United States Air Force for the jet on display at Babe D. Zaharias Park. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of February, 2018. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 27, 2018 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1 and 4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Conduct an election of Mayor Pro Tempore 2. Consider a Specific Use Permit to allow a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 8496 Phelan Boulevard 3. Consider an amended Specific Use Permit to allow boat and RV storage in a GC - MD (General Commercial -Multiple Family Dwelling) District located at 9695 College Street 4. Consider an ordinance authorizing the participation by the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy before the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in the year 2018 WORK SESSION * Review and discuss possible funding for the "buy-out," elevation and/or repair of homes damaged by Hurricane Harvey 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: Warehouse facility at 125 Magnolia Avenue Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Divine Beaumont Hospitality, LLC d/b/a Executive Inn Interflow Factors Corporation v. Valory Barnett, Individually and dba PCLC Landscape Management and the City of Beaumont, Texas; No. 130641 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 February 27, 2018 Conduct an election of Mayor Pro Tempore Article III, Section 6 of the City Charter states "The City Council shall elect one of its members as Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of his/her office, and, if a vacancy occurs, shall become Mayor for the unexpired term." 0 THAT RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: is elected Mayor Pro Tempore to fill the unexpired term of Mayor Pro Tempore Gethrel Williams -Wright.. 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 27th day of February, 2018. - Mayor Becky Ames - 2 February 27, 2018 Consider a Specific Use Permit to allow a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 8496 Phelan Boulevard BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 27, 2018 REQUESTED ACTION: Council consider a Specific Use Permit to allow a new cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 8496 Phelan Boulevard. M::_ •,_ _� 1 loll Andrew Kasparek on behalf of Verizon Wireless is requesting a Specific Use Permit to allow the applicant to construct a cellular communications site including a 100 ft. tall monopole tower, located on a 0.1391 acre lease site, at 8496 Phelan Blvd. The site plan does not show the required 8 foot wood or masonry privacy fence or the 10 foot landscaped buffer (required outside of the fence in this case) or dedicated parking for the lease site as required by ordinance. However, the site does meet the distance requirement from residentially zoned property and will be constructed to city and federal standards. The applicant states that this tower will help provide additional coverage and capacity to the customers in the area, and would be used for emergency services. Verizon is also requesting a waiver to the perimeter landscaping requirements. At a Joint Public Hearing held on February 19, 2018, the Planning Commission recommended 9:0 to approve a request for a Specific Use Permit to allow a new cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District, located at 8496 Phelan Boulevard with the following conditions: 1. Install an 8 foot wood or masonry privacy fence around the lease site. 2. At such time that any brush or trees are removed outside of the lease site, a ten foot wide landscaped buffer shall be installed outside of the 8 foot fence for the entire perimeter of the lease site. 3. Provide off-street parking within lease area to meet City requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Install an 8 foot wood or masonry privacy fence around the lease site. 2. At such time that any brush or trees are removed outside of the lease site, a ten foot wide landscaped buffer shall be installed outside of the 8 foot fence for the entire perimeter of the lease site. 3. Provide off-street parking within lease area to meet City requirements. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL CITY OF BEAUMONT, TEXAS APPLICANTS NAME: T + vn _ APPLICANT'S ADDRESS: 625rGyi C`.t"".4-: APPLICANTS PHONE#:- FAX #• NAI NIE OF PROPERTY ADDRESS, OF PROPER LOCATION OF PROPERTY- P- W 1 Ay-% o yWCLk.1 ti►�-V rV*, -ice � `10(. LEGAL-DESCRIPTION:OF PROPERTY: LOTNO. BLOCK NO. AMM, ON. NUMBER OF ACRES OR TRACT_ 2 to. "x-71 9 'A - PLAT -PLAT SURVEY t}. j Q - a CSS 3:3 NUMBER OF ACRES e For properties not iia a,recorded subdivision,,submit a copy of a current surveyor plat showing the properties proposed for a specific use permit; andla coinplet Legal field note description. P116POSEUUSE Ge _11 �_ � S"'i 4-C ZONE ATTACH.A LETTER descnbiug all.processes and activities involved with the proposed uses. ATTACH -A: SITE PLAN d=awn'to,scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 Y.", X 11" PHOTOCOPY OF THE SITE PLAN. TRE EIGHT CONDITIONS listed on the backside offts sheet must be met before City Council can grant a specific use permit PLEASE ADDRESS EACH, CONDITION IN. DETAIL. ATTACHTHE APPROPRIATE APPLICATIONFEE: IESS THAN % ACRE ...................... ...::.......................... ... ....... $250.00 '/'ACRE OR MORE+ANA LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE................................................................:.$650.00 1, being the undersigned! applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the siteplan shall be adhered to as amended and approved by City Council. SIGNATURE OF APPLICANT: SIGNATURE OF PROPPRTY PI:F.ASETYPE OR PRINT AND SUBMIT TO. FILE "ER. 1-3 CITY OF BEAUMONT PLANK NG DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 10 ►rt***s#**�***a�****�e*******�**��k**a�*****a***�x*r**********rt********x.***r**»�***w*a�****,x******a�*******�+***s******� **t*** PLEASE MAKE NOTE ON REMSE SIDE OF CONDMONS TO BE MET REGARDING THE SITEPLAN AND LETTBA OF PROPOSED USES AND ACTWMES.- Verizon Wireless Verizon Wireless is proposing a 100' tall Monopole tower located at 8496 Phelan Blvd. We are leasing 0.0826 acres for ground space from Calvary Tabernacle Ministries. The location we chose meets all setbacks to residential properties in the surrounding area. This tower will help provide additional coverage and capacity for our customers in the area. The tower can also be used for emergency services as it can receive an emergency call from any other providers and has the ability to triangulate the origination of the call. The tower will also provide service to essential emergency personnel; some Fire Departments, police, and ambulance services use Verizon's network. The tower will be constructed according to the City's standards and all federal standards as required by the FCC. Our final step will be to obtain approval from the FCC.. The construction of the tower usually takes approximately 3-4 weeks depending on the weather conditions. During this time a crane will be onsite for approximately 1 week to stack the tower. Verizon will also be requesting a new driveway into the site off Phelan Blvd for access to the site. Once construction is complete, there will be minimal activity at the site, which will reduce the vehicle traffic using the new access driveway. Verizon will have a cell technician visit the site approximately every 3 months to ensure the equipment and ensure there are no safety issues, unless there is an issue at the tower or an emergency. There will be minimal activity once construction of the tower is complete. Verizon Wireless is also requesting to waive the landscaping requirement for this tower location as there is a natural forestry buffer in all directions. There is approximately 6 feet in height of heavy brush and trees on the property. Verizon will clear only enough space for their equipment area and install a wood fence for screening. We will leave the natural buffer as close to the fence as possible. Verizon understands that in the event the surrounding properties will be developed, they could be required to add landscaping at that point. Specific Use Permit Application Beaumont, TX Verizon Wireless -Phelan Site 8496 Phelan Blvd. Beaumont, TX 77706 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity: The location for the tower we chose is located with large brush and trees in all direction to minimize visibility from other properties in the area. There is also an Entergy substation located between us and residential properties. The tower will have a minimal impact on the surrounding properties and will not impact the value. It will help provide additional coverage for the residents in the area. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. The tower has a small ground footprint and will not impede any additional development of the parent tract or surrounding properties. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Yes, our current parent tract is vacant raw land. Verizon will construct and maintain an access road with utilities and proper drainage to the site from the public ROW. The tower and all equipment will be constructed and maintained according to the FCC/FAA. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; A new driveway will be installed off Phelan Blvd in accordance with city requirements. This driveway will be used initially for construction and then for maintenance. The use of this driveway will be minimal and will not effect vehicular or pedestrian traffic, or the public. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The tower will not produce any odors, fumes, dust, or vibrations. There will be a backup generator but will only run when power is down and should not be heard by surrounding properties. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; Since the tower is less than 200 'in height, the FAA doesn't not require any lighting on the tower. There will be alight near the ground equipment but will not be visible from other properties. 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; We are requesting to waive the landscaping requirement. There is a natural landscaping buffer on all sides of the lease area to ensure the adjacent properties will not be able to see the ground equipment. All equipment will be fenced in to ensure safety. Verizon will leave the natural buffer as close to the wood fence as possible. We understand that if surrounding properties are developed we could be required to add landscaping. 8. That the proposed use is in accordance with the Comprehensive Plan; The proposed use is in accordance with the Comprehensive Plan. Q-------- verizonv I I z1o'W Sop I I ne tnaga �a a I Ple=9lal RNC= !>7�gm� �IIaR� mIB1E VI�Wff 6 I Ma I I � qA � nv Aa omwm OpISS I I � M an�c eN �m� � N NCN01 Vf7G®sl qpm tOmma O�AID�q K 8 I � I ,ea ii TOWER ENAMNiQ NC. I I SUITEVffRUDN ST. 130 Y UFAYETIE, u 70501 I I (m e8Se 6663 FAX I I 2820 KWGUM ST. jPROPOSED 700' MONOPOLE 70907 I UEEMO.IA070008 LA7. JO' 0 4' 39.46' I (504) 750-3112 TEL LON.• 94' 11' 29.90' GROUND EZEVA770N.• 27.3' I REVISION I AvaARIXf R I Na otsavRox mrt mw[ mrwvemw Jm tgFn/mn — I I a7ARu+cc FaoN _ I R gVil.T 20N PPOPkRiT I I•-o' muatnmN a7Rwtee mat �vltoaasen vaxcme vac I I RFyoENtvur za+m I I srtE NUMBER: • �. ; 446886 I I SDE NAME I t I PHELAN I j i I /Z� W/ � m L-- vEN¢ lnnacss I srt[ ADDRESS, I I I 60'X 60' CEASE AREA 0,0WSa. R. (63,]8, ACRES) I FN�1M! BLVD. 600 Sa FT) (a 0926 ACRES) I BEN.1MONf, 7% 77706 I tTAYP NFRE: it � I I II j�APPAlFllf R 1 I j I ij I I I m I I I I I m m I ' t j •i I I I vaovosm vaxsR vac I � a�.off I I rto.N. f_-1 --__—__ — — — — — — — owwNmen Dw —F"_------ F--- ---- I017 L —pFSLAN BLVD m .roe Na: 2117-1rn-tzo-tro,mn 0- sHEU 11RE PLOT PLAN PLOT PL N eD a sD SNm WDOM REV. SSE: C-1 2 L5 PROPOSED CL TOWER LAT: 30'04'38.46" LON: 9411'29.80" NAD 83 (SEE NOTE 10) L4 NORTH SCALE: 1" = 30' LESSEE'S LAND SPACE 0 30 60 90 0.0826 ACRE L7 L11 I 3,600 SQ. FT. ..I L3 I SEE NO[E 8 + V.6 + 27.7 POB LESSEES\LANG CALLED 2.990 ACRES LEGEND Ir +i,e I TO THREE P PARTNERS LLC S' IBY WARRANTY DEED 'S" SET 5/8 -INCH IRON RCD (WITH CAP STAMPED POC (/ {YNN VENDORS LIEN POC PROPERTY CORNER' ) "JONBACK POWER POLE SANITARY MANHOLE T7y0 1/2•!R CF Na 1,729 BC F CURB BACK OF CURB POB OPRRP „GYIPRRP BI B wLET TPD VOL TELEPHONE VOLUME / CF FILE zl.e« 271t` 777EE/BRU9/ UNE EB EDGECLERK'S OCE OF BUSHES PCd'NT FCR CORNER + \ EC FNO EDGE OF CONCRETE FOUND I +mo BEARS N 8771 Jz' E O.J7' LESSEE'S RIGHT-OF-WAY FV G FLUSH VALVE GUTTER E FOR INGRESS / EGRE S R ET won ROD I as+l AND UTILITIES JCDR JEFFERSON COUNTY DEED RECORDS I r n +.7 ti 0.1391 ACRE JCOPRIS JEFFERSON COUNTY OFFICIAL PUBLIC RECORDS OF REAL PROPERTY 6,059 SQ. FT. LP No LIGHT POLE/POST NUMBER I +zla SEE NOTE 8 OHP OVERHEAD POWER CALLED 7.206 ACRES TO CALVARY TABLRAIA E MINISTRIES, U.P.G BY WARRANTY DEED WITH VENDORS LIEN n.l CF Na 201OWJZ70 JCOPRRP I + na �M QEV � 1874 SEE NOTE 11 PP Bl -� - S7W AM LAT -.30 30"04"36.3 - RM -Z&0.4 Rlu=2B 08 LON: 94'11'29.6" SAN 2& nao G me - MA/=763'0 END RC PHELAN BL VD VA RING NOTH R.O.W. PM 2J9$ PG 47 yg,aD (NOR MPMOR7KW) gC ya.D 78]D ma6 G IM/ y" 27- M MA" DR 13 PRELIMINARY FOR REVIEW 5: MA" OR PG POB PACE I POINT OF BEGINNING POC POINT OF COMMENCEMENT POC PP SAN POWER POLE SANITARY MANHOLE T7y0 1/2•!R LESSEES LAND SPACE SM SIGN NO CAPD ORM MAN40LE POB SITE /]1 0KBENCHMARK LESSEES R/CHT—OF—WAY TPD VOL TELEPHONE VOLUME / FOR INGRESS / EGRESS WF WOOD FENCE AND UMMES WM WATER METER PCd'NT FCR CORNER ,WM-2s02 / 'No5/B' LR (NO CAP - BENTJ BEARS N 8771 Jz' E O.J7' 0.0826 ACRE N B E r J41Y — — �iyaz� i `zl.e3 - Fcac ur Bl -� - S7W AM LAT -.30 30"04"36.3 - RM -Z&0.4 Rlu=2B 08 LON: 94'11'29.6" SAN 2& nao G me - MA/=763'0 END RC PHELAN BL VD VA RING NOTH R.O.W. PM 2J9$ PG 47 yg,aD (NOR MPMOR7KW) gC ya.D 78]D ma6 G IM/ y" 27- M MA" DR 13 PRELIMINARY FOR REVIEW 5: MA" OR DTS/A ,M14 Na 01946-450-00 F.@ 27B6 PG 69 DgV.. No. R7Al=2eAiI =-/-LAND TITLE SURVEY n7PHELAN OF m„ mze 2aFV SITE CP m4A PROJECT NO. 20171583461 STA/ NN LOCATION CODE: 446885 ,WM-2s02 BEING 0.0826 ACRE LINE HEARING DISTANCE OUT OF THE s W ALMONZER HUSTON LEAGUE, A-33 L2 N 074856 W 191.97 JEFFERON COUNTY, TEXAS L3 N BT11 04 E 25.00 JULY 2017 L4 N `748 58 W N 60.00 00 —25i.97'J O N E 13 T L6 S 024856 E L7 5 87-1104 W 35.00 I C A R E R LB N 0748 58 W 60.00 L9 N 8771 04 E 50.00 DoITON �YINLYIH� DMnoN LIO S 074858 E 60.00 Tem dol Nafe,bml und5w ft"WruUw No.3m6610] 111 S 87-11'04" W 25.00 633DWntlmp6 th. 5uh. OD- Bd&,,Rna -TLD]i3337 Sheet 1 of J DTS/A ,M14 Na 01946-450-00 F.@ 27B6 PG 69 DgV.. No. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TOWER IN A GC -MD (GENERAL COMMERCIAL-MULTOPLE FAMILY DWELLING) DISTRICT AT 8496 PHELAN BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Andrew Kasparek, on behalf of the Verizon Wireless, has applied for a specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District at 8496 Phelan Boulevard, as described in 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 cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District at 8496 Phelan Boulevard, with a waiver to the perimeter landscaping requirement, subject to the following conditions: ; and, • Install an 8 foot wood or masonry privacy fence around the lease site. • At such time that any brush or trees are removed outside of the lease site, a ten foot wide landscaped buffer shall be installed outside of the 8 foot fence for the entire perimeter of the lease site. • Provide off-street parking within lease area to meet City requirements. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a cellular tower 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 cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District at 8496 Phelan Boulevard, as described in Exhibit "A and shown on Exhibit "B," is hereby granted to Verizon Wireless, its legal representatives, successors and assigns, as shown on Exhibit "C," attached hereto and made a part hereof for all purposes, with a waiver to the perimeter landscaping requirement, subject to the following conditions: • Install an 8 foot wood or masonry privacy fence around the lease site. • At such time that any brush or trees are removed outside of the lease site, a ten foot wide landscaped buffer shall be installed outside of the 8 foot fence for the entire perimeter of the lease site. • Provide off-street parking within lease area to meet City requirements. 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 "C" 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 27th day of February, 2018. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES LEASE AREA Being a Metes & Bounds description of a certain 0.0826 acre tract of land situated In the Almoner Huston League, Abstract No, 33 In Beaumont, Jefferson County, Texas, being a called 7.206 acre tract of land conveyed to Calvary Tabernacle Ministries, U.P.C. by Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2010043270 of the Jefferson County Official Public Records of Real Property; said 0.0826 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; COMMENCING at a set 5/8 -Inch iron rod (with cap stamped "Jones/Carter Property Corner") for the southeast corner of said 7.206 acre tract and proposed 0.1391 acre tract common with the southwest corner of a called 2.990 acre tract land conveyed to Three P Partners, LLC by Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2008021329 of the Jefferson County Official Public Records of Real Property, being in the north line of Phelan Boulevard (right-of-way varies) recorded In Volume 2392, Page 47 (northern portion) of the Jefferson County Deed Records, from which a found 5/8 -Inch Iron rod (bent with no cap) bears North 87° 11' 32" East, 0.37 feet and a found 1/2 -inch Iron rod In concrete bears North 87° 11'32", East, 434.53 feet; THENCE, South 87° 11' 31" West, along the south line of said 7.206 acre tract and proposed 0.1391 acre tract, common with the north line of Phelan Boulevard, 30.00 feet to a set 5/8 -Inch iron rod (with cap stamped "Jones/Carter Property Corner") at the southwest corner of proposed 0.1391 acre tract; THENCE, North 02° 48' 56" West, along a west line of proposed 0.1391 acre tract, 191.97 feet to a set 5/8 -Inch Iron rod (with cap stamped "Jones/Carter Property Corner") for the POINT OF BEGINNING of the herein described tract; THENCE, South 87° 11' 04" West, 35.00 feet to a set 5/8 -Inch iron rod (with cap stamped "Jones/Carter Property Corner"); THENCE, North 02° 48' 56" West, 60 feet to a set 5/8 inch iron rod (with cap stamped "JonesCarter Property Corner"); THENCE, North 87° 11' 04" East, 60.00 feet to a set 5/8 -Inch Iron rod (with cap stamped "Jones/Carter Property Corner) at the northernmost northwest corner of proposed 0. 13 91 acre tract; THENCE, South 02° 46'56" East, along a west line of proposed 0.1391 acre tract, 60.00 feet to a set 5/8 -Inch iron rod ( with cap stamped "Jones/Carter Property Comer"); THENCE, South 87° 1 P 04" West, along a north line of proposed 0.1391 acre tract, 25.00 feet to the POINT Of BEGINNING, CONTAINING 0.0826 acre of land In Beaumont, Jefferson County, Texas as shown on Drawing No. 11095 in the offices of Jones/Carter In Bellaire, Texas. EXHIBIT "A" or i4l 'RV 71 nk� - v w XPT Y.mS TOP OF STONE - TOP OF STONE - I I I TOP OF MOM - 28.9' z—x—x I BY OTIM7B) qgL, .. (SEE 1 SHE HED STONE DEFAM N O SHE TRE TMET NOTE FOL NO TE09 9N 1 PROPOSED a WOOD FENCE TOPPED M/ J STRANDS O' 9W9EO WINE AROUND EMUS 577E AAFA iT' OVERALL FETItP EFROIR) (SEE TAE k FENCE DEEML 7M SHEET) I i 4' 4' a CA eT I DCA . C SAI (CARGO PROTECTORS MODEL }FL -200) V 12' ACCESS ROAD 1. CONTRACTOR 70 ADEQUATELY ONUS ALL —ROTHE ACCESS 8' WLPADIED AD ISISTA (SFE !DEET E -e FDR DUAL Flt 2 GRUBBEDfA TO PROOF -ROIL THE ■i a /910 STONE a -D• a -a 1 1 , • - .. 4•-D• ta-Nr PUVPID SOIL LA2WN.9. 7N[ sa[u�oll �HFIIt mFd DIfIF➢Cq w AO um uR ND : '• neDmDl sLNi. a mTeL>m m R¢ Q7IGIYL R11 NEw 0EY A3 T'IfP.'RIl Ra6E CONIMLTOR TO CLEAR AND GRUB e• OF EJORTPEO GROUND AND OSSFAtIED, Tiff COHIIUCIDR 9i0<AD COARCT THE ENOWEFA Im16lC✓DI OI RHWCI IX AYT IEWOD. N TIE ttl X Ply, 6 Pkl®iFD OCIDL UY REPIRM 6. 11 WACIFD FILL FOR DNAL R1b W90LLUTIOH GEnna PROPOSED 4'-0• Yd TOWS ENCUNlFAIN�O UTCGEOTECHNNW. GRAVEL ROAD DETAIL a mNnAcmR TO REFER TG THE sDE NOT TOSCALE WFOP�nON� GENERATOR FOUNDATION (SEE SHFFf C-9 FDR OEWL9) Std TREATMENT NOTES: 2' I6T CRUSTED STONE ON TOP I. e' CRUSHED STONE (())����MT" 896-7176 TEL.. s' CFWN LINK FENCE 4. 1810 CRUSHED INSEE FFNEM LURE UNDERLAIN BY CE07ERRlE l' B9fi-6663 FAX � .. . 2920 KINGMAN SF. SURE 201 HECHT) OEOTEx1NLD FABILD 2 7NE CONIPACfOR SHALL IWHTAH WJWF, LA 70008 1 ADEOWTE SURFAQi DRNNM1OE AWAY A11 FWNDgI0Y9 RUCT ro (504) 756-3112 7E1. - .. , +�/. \\/'F THE THE N OF DOTaT03"M .. OPERATIONS OMRATWR9 ANO AFRH COYPIEi1GN .TOP OF SIOfQ .Dna• b OF CO.NSTNUCGDN. I vim. BRH: AE WN ]oli p 12• COMPACTED, IlV IED J' ORADES SHALL BE SET TO ENSURE PGWM 9RNHACE OF N tlynrmll .p FILL �• (SEE NOTE 6) WAIFA Af1'/YAA'/Y FROM ALL FOUNOAIONS. — b 4. SEE PRCQAW4gqQPppIO�L�jCNNN,, REPORT FUR— SME PR[COIDE WAGONS PRf PoSED i2• -W DWBLE . ••• '' CATE (SEE DATE B FENCE •:` •• .. ..�.. I :'. • • ' • - • • .. .. DETAIL THIS SHEEQ,. . • ,• ' .. 446885 SUNFACG SRE NAME ZE ENLARGED SITE PLAN 4' 4' a CA eT I DCA . C SAI (CARGO PROTECTORS MODEL }FL -200) V 12' ACCESS ROAD 1. CONTRACTOR 70 ADEQUATELY ONUS ALL —ROTHE ACCESS 8' WLPADIED AD ISISTA �r■ /on� Flt 2 GRUBBEDfA TO PROOF -ROIL THE ■i a /910 STONE GRUBBED AiFA Wiili A IFBGITED-RUeBEA TwEO VE1RClE 1 1 S CONTRA" SHOULD WnGATE AL CONT�NNNVFAK YYOMiED AREASWONOORR m� LPxx.S TIE AomIYF01A PUVPID SOIL LA2WN.9. 7N[ sa[u�oll �HFIIt mFd DIfIF➢Cq w AO um uR ND OEOIF.xN.E FADI00 4. ff VROE Ia11GAnGN AREAS TAE neDmDl sLNi. a mTeL>m m R¢ Q7IGIYL R11 NEw 0EY A3 T'IfP.'RIl Ra6E CONIMLTOR TO CLEAR AND GRUB e• OF EJORTPEO GROUND AND OSSFAtIED, Tiff COHIIUCIDR 9i0<AD COARCT THE ENOWEFA Im16lC✓DI OI RHWCI IX AYT IEWOD. N TIE ttl X Ply, 6 Pkl®iFD OCIDL UY REPIRM 6. 11 WACIFD FILL FOR DNAL R1b W90LLUTIOH GEnna NRm( RILIisDI llol IIRe Om6al4 K TOWS ENCUNlFAIN�O UTCGEOTECHNNW. GRAVEL ROAD DETAIL a mNnAcmR TO REFER TG THE sDE NOT TOSCALE WFOP�nON� MR WEST 1 sr. 30 �� UTAYETIF IA 70501 Std TREATMENT NOTES: 2' I6T CRUSTED STONE ON TOP I. e' CRUSHED STONE (())����MT" 896-7176 TEL.. s' CFWN LINK FENCE 4. 1810 CRUSHED INSEE FFNEM LURE UNDERLAIN BY CE07ERRlE l' B9fi-6663 FAX 1. OVERALL STONE A9 BASE SFE CRUSHED STONE - 2920 KINGMAN SF. SURE 201 HECHT) OEOTEx1NLD FABILD 2 7NE CONIPACfOR SHALL IWHTAH WJWF, LA 70008 1 ADEOWTE SURFAQi DRNNM1OE AWAY A11 FWNDgI0Y9 RUCT ro (504) 756-3112 7E1. REVISION THE THE N OF DOTaT03"M 11• OPERATIONS OMRATWR9 ANO AFRH COYPIEi1GN Na or>zRPNloll BAN,y, b OF CO.NSTNUCGDN. I vim. BRH: AE WN ]oli p 12• COMPACTED, IlV IED J' ORADES SHALL BE SET TO ENSURE PGWM 9RNHACE OF N tlynrmll .p FILL �• (SEE NOTE 6) WAIFA Af1'/YAA'/Y FROM ALL FOUNOAIONS. — b 4. SEE PRCQAW4gqQPppIO�L�jCNNN,, REPORT FUR— SME PR[COIDE WAGONS RECOAO'ACTED GROUND & CONTRACOR TO PUCE B/LTORL AND FML MA7FTCAL ON ALL SM OF WE C@RRACM TO FELOVE VEGETATMN. BREAK UP SLOPED SITE NUMBER: CRUSHED STONE DETAIL SURFACED STEEPER THAN I - NOT TO SCALE VFDNCAL TO NORGE SO FTu VATFRAL WILL BOND WITH ExISTINO .. 446885 SUNFACG SRE NAME ZE FFNCF OETAR_ NOTE• Y-O' MAXGR UNE POST PHELAN t. tr6GG eawos Lwwiu s/e• EACH LORAD TO RAES WITH TWO ('Q 9a BOARD T RALS %TF TWO ZWE NMscS OR hG co W T OALG YIV@ED pEw. SITE A00RE9S: 40 2 ALL NATE AND WNNECTCRS SHALL BE GALVAHM. PHELM BLVD. BEWMONT, TX T LINE POST io J. WOOD RALS Mk NE D,S[ANCE FROM TOP AND BOTTOM 12 MORES. 1 E 1 SDLP HERB LLI RAUQIY AWL SBE 214• WITH 1 RAILS REOWRD. A. ROP RM SHALL BE USED. E. POSTS SRW. BE EMBEDDED TO WWN C FROM THE DOM OF Q THE FOUNakTWN. e' NNOT CCIiN{ THE CONTOUR OF M m GROUND BY MORE THAN J'. 12•� FOR END POSTS k G0 FOR UNE POSTS DATE POSTS 2• StSN 40, _BARBED WIRE BRACKENS MAY BE I15ED ENLARGED SITE PLAN C-3 12 3 February 27, 2018 Consider an amended Specific Use Permit to allow boat and RV storage in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 9695 College Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, CitManager 01 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 27, 2018 REQUESTED ACTION: Council consider an amended Specific Use Permit to allow boat and RV storage in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 9695 College Street. BACKGROUND College Street Storage, L.L.C. submitted a request for a Mini Storage Facility for the property located at 9695 College Street in September of 2017. The request was for two (2) buildings, each with twenty-four (24) units designed for recreational vehicle (RV) and boat storage. The applicant would like to add an additional building to the request as demonstrated on the attached site plan. In October, the application was approved with the following condition: 1. Ten (10) foot wide landscaped buffer and an eight (8) foot wood or masonry screening fence are provided along the east, south and west property lines. In addition to the amended site plan to add a third building, the applicant is asking to wave the perimeter landscaping condition. At a Joint Public Hearing held on February 19, 2018, the Planning Commission recommended 9:0 to approve a request for an amended Specific Use Permit to allow boat and RV storage in a GC -MD (General Commercial -Multiple Family Dwelling) District, with the following conditions: 1. Ten (10) foot wide landscaped buffer and an eight (8) foot wood or masonry screening fence are provided along the south property line if the natural buffer is distrubed. 2. A perimeter landscaping buffer shall be required along the east side of the parking lot that faces towards a public right-of-way, as required by City Ordinance. FUNDING SOURCE Not applicable. RECO AMENDATION Approval of the ordinance with the following conditions: 1. Ten (10) foot wide landscaped buffer and an eight (8) foot wood or masonry screening fence are provided along the south property line if the natural buffer is disturbed. 2. A perimeter landscaping buffer shall be required along the east side of the parking lot that faces towards a public right-of-way, as required by City Ordinance. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: College Street RV & Boat Storage LLC APPLICANTS ADDRESS: 3506 Wlndrose, Beaumont, Texas 77706 APPLICANTS PHONE #: 409-656-3303 FAX #: NAME OF PROPERTY OWNER: College Street RV & Boat Storage LLC ADDRESS OF PROPERTY OWNER: 3506 Wlndrose, Beaumont, Texas 77706 LOCATION OF PROPERTY: 9695 College, Beaumont, Texas LEGAL DESCRIPTION OF PROPERTY: .LOT NO. 3 OR BLOCK NO.4 ADDITION Westcalder Fig Acres PLAT SURVEY NUMBER OF ACRES 4.07 NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Boat and RV storage ZONE: GCMD ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN '/2 ACRE.................................................................$250.00 r/z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand t t 11 of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and a y City Council. SIGNATURE OF APPLICANT: DATE: 1/22/2018 SIGNATURE OF PROPERTY OWNER: DATE: a �' -.X-C L PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DMSION 801 MAIN STREET, ROOM 201 2 7,-1 - BEAUMONT, TX 77701 FILE NUMBER Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. January 26, 2018 Ms. Adina Josey, CFM Senior Planner and Floodplain Administrator Via Email: Adina.Josev@beaumonttexas.gov Re: 9695 College Specific Use Permit Dear Ms. Josey: We are requesting to modify a specific use permit for the property located at 9695 College, Beaumont, Texas. A specific use permit was approved in October 2017, however for just two buildings, perimeter fencing and landscaping. This application will modify the request to include three buildings and removal of the perimeter fence and perimeter landscaping. The original specific use request had an error as to the number of buildings. The original request should have been for three buildings. The October 2017 request was approved with an eight -foot wood or masonry fence and landscaping on the east, west and south property lines. We are requesting that requirement be waived. The buildings are 16 feet tall and will be built within ten feet of the east, west and south property lines. It is our opinion that a wood or masonry fence and landscaping will not provide any better privacy than the actual buildings. We will however have fencing and landscaping across the front (north) of the buildings. The surrounding area is a rural part of the City of Beaumont. The west and east property line has a buffer trees already in place. The south property line is not near any other building. The site plan, which is attached, consists of two buildings 50'x 225' x 16' and one building 6' x 225'x 16'. The buildings will be constructed as metal -skinned buildings on concrete slab with concrete driveways. The buildings will have a height of approximately sixteen feet with fifteen -foot garage doors on each unit. The facility will be landscaped in the front of the facility. The driveways are currently in place and will be modified to match the proposed driveways. Each building will have security lights, security cameras and the facility will have City trash collection. The finals plans are still being designed and will be presented to the City of Beaumont for approval. It is our intention to conform to all City regulations and building codes. Section 28.04.001 of the Zoning Ordinance requires that eight conditions be met before a specific use permit can be issued. The conditions and our plans are: 1. That the specific use will be compatible with and injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. Our plan is to construct a first class facility, with current building methods. The facility will be metal buildings, on concrete slab and concrete driveways. The facility will be landscaped and fenced in the front. In addition, there will be security lights and security cameras. It is our opinion that the facility will increase property values in the general area. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of the surrounding are. Ms. Adina Josey, CFM City of Beaumont Page 2 It is our opinion that this new construction will increase development in the area by setting a new and higher standard for development in the area. That section of College has not had new construction in many years. We feel that this could start the revitalization of the area. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. The utilities that are currently available in the area will be sufficient for our use. We will need electricity, internet, water and sewer. The access roads (driveways) that are currently on the property will be modified to match our proposed driveways. However, they will be concreted. The State of Texas (Txdot) and drainage district 6 provide drainage to the site. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development There is currently a circular driveway.accessing Highway 90. We plan to modify the existing driveways to match our proposed driveways. 5. That adequate nuisance prevention measure have been or will betaken to prevent or control offensive odor, fumes, dust, noise and vibration. Again, as noted, the plan is to construct a storage facility and other than cars moving in and out to gain access to their boats or RV, the noise will be minimal. There will no fumes and other offensive problems. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. We will have security lighting to prove easy access to the facility. There is no plan other than normal security lighting that may be required. 7. That there will be sufficient landscaping and screening to insure harmony and compatibility with adjacent property. The front of the property will be landscaped and fenced according the City regulations. 8. The proposed use is in accordance with the Comprehensive Plan. It is our opinion that the City of Beaumont is starting to move west on Highway 90. With the expansion of Exxon Mobil Polyethylene plant, it seems that the natural flow of the City is in that direction. Ms. Adina Josey, CFM City of Beaumont Page 3 We hope with have answered each question. However, if there are still questions, please feel free to call me at 409-656-3303. Thank you for your consideration. Sincerely, ,4. G 4.LG Steve Lucas Tim Gaddis Applicant Applicant ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING AN AMENDED SPECIFIC USE PERMIT TO ALLOW BOAT AND RECREATIONAL VEHICLE STORAGE IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 9695 COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, College Street Storage, L.L.C. has applied for a an amendment to Ordinance No. 17-069 granting a specific use permit to allow boat and recreational vehicle (RV) storage in a GC -MD (General Commercial -Multiple Family Dwelling) District at 9695 College Street, being Lot 3, Block 4, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 4.059 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 the amendment to the specific use permit to allow boat and recreational vehicle (RV) storage in a GC -MD (General r Commercial -Multiple Family Dwelling) District at 9695 College Street, adding an additional building, with a waiver to the perimeter landscaping requirement, subject to the following conditions: • Ten (10) foot wide landscaped buffer and an eight (8) foot wood or masonry screening fence are provided along the south property line if the natural buffer is disturbed. • A perimeter landscaping buffer shall be required along the east side of the parking lot that faces towards a public right-of-way, as required by City Ordinance. ; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit as recommended to allow boat and recreational vehicle (RV) storage 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 the specific use permit to allow boat and recreational vehicle (RV) storage in a GC -MD (General Commercial -Multiple Family Dwelling) District at 9695 College Street, being Lot 3, Block 4, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 4.059 acres, more or less, as shown on Exhibit "A," is hereby granted as amended to College Street Storage, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, adding an additional building, with a waiver to the perimeter landscaping requirement, subject to the following conditions: • Ten (10) foot wide landscaped buffer and an eight (8) foot wood or masonry.screening fence are provided along the south property line if the natural buffer is disturbed. • A perimeter landscaping buffer shall be required along the east side of the parking lot that faces towards a public right-of-way, as required by City Ordinance. 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. 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 27th day of February, 2018. - Mayor Becky Ames - .". y - V-1 I�I. 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Proposed Site Plan V=50' 65 CID N 8 m LU DATE: T/za�2oTe SCALE 11. 0' SHEET: G-1 cons eo �Crnea llw�p Marrn'.7D, — �� c � — I X15 Sp'CIC�Q3$4'X22$x16 H1 1 r--'-' �01 ° ` I °, °' Slagle Slope Metal Roof Struc. •r . ° rV 15"SpaCes6D'u22$F6rHt ° 1GcbtelRoof Metpl,Strue 1 � r� I �, � � � a I 6 v � °v .'• r ° v , • j v° , 73_1• -- 3a • .� — ---------- � r Sfn91e Stgpe M�tgl RaoP sir uc ` L.�-----------5,te. `� ---r ChM, kPonce - r ar ���• ��"� �" �� �5 7 I' E 59 4' h - 2D170e&U14I 594.90 S D2'J4'17,E �-rSWI L—.i.�►� Proposed Site Plan V=50' 65 CID N 8 m LU DATE: T/za�2oTe SCALE 11. 0' SHEET: G-1 D February 27, 2018 Consider an ordinance authorizing the participation by the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy before the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in the year 2018 BEAUMONT TO: FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager Tyrone E. Cooper, City Attorney February 27, 2018 REQUESTED ACTION: Council consider an ordinance authorizing the participation by the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy before the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in the year 2018. BACKGROUND The City of Beaumont is statutorily given the responsibility of exclusive original jurisdiction over the rates, operation and services of Entergy Texas, Inc. (ETI), which provides electric utility services in the City of Beaumont. To ensure that ETI is providing fair, just and reasonable rates and efficient services to the area, the City of Beaumont continually assesses the ongoing efforts of ETI and the services it provides to the citizens of Beaumont. This is accomplished primarily through the combined efforts of the cities in the Entergy service area with similar jurisdictional responsibilities. The proposed ordinance allows the City of Beaumont to continue its participation as a member of the Steering Committee of cities within the ETI service area to monitor the operation and services provided by ETI to the citizens of Beaumont. The ordinance also authorizes the hiring of utility consultants and lawyers through the Steering Committee to facilitate the efforts of the, service area cities. . FUNDING SOURCE The reasonable expenses associated with rate related matters are reimbursable by the company (ETI) pursuant to the Public Utility Regulatory Act of Texas. RECOMMENDATION Approval of an ordinance authorizing the City of Beaumont's participation with other Entergy Texas service area cities in matters concerning Entergy before the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in the year 2018. ORDINANCE NO. A ORDINANCE OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2018; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AND AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS. WHEREAS, Entergy Texas, Inc.'s ("ETI") implementation of customer choice has ceased due to Senate Bill 1492 and ETI will continue to be regulated under -traditional cost -of -service regulation; and, WHEREAS, changes to the Public Utility Regulatory Act addressing rates and rate proceedings will have a direct impact on ETI and customer bills during 2018 and into the future; and, WHEREAS, ETI is scheduled to litigate requests in various proceedings before the Public Utility Commission of Texas, before municipalities, or before the Federal Energy Regulatory Commission in 2018 related to ETI's expected rate increase request, ETI's continued integration with the Midwest Independent System Operator ("MISO"), ETI's exit from the Entergy System Agreement (effective August 31, 2016), various fuel cost refunds or surcharges and reconciliations, and for any type of rate proceedings or cost adjustments, such as a transmission cost recovery rider, a distribution cost recovery rider, energy efficiency cost recovery factor, or hurricane restoration cost or offset true -ups; and, WHEREAS, ETI is expected to file a rate increase proceeding at the City and before the Public Utility Commission in the second quarter of 2018; and, WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in February and August 2018, and to file other fuel proceedings to refund or surcharge fuel charges; and, WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in association with its Energy Efficiency Plan as well as reconcile past costs; and, WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and customers within Cities; and, WHEREAS, Cities have exclusive original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.001; and, WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to Tex. Util. Code § 33.025; and, WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code § 33.023; 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. The City of Beaumont shall participate with other Cities to intervene in ETI's various rate filings related to the various fuel cost surcharges and reconciliations, any interim or incremental surcharge proceedings or surcharge adjustments, and for any base rate adjustment proceedings or cost of service adjustments on file with the Public Utility Commission of Texas or with municipalities in 2018 and seek appropriate regulatory scrutiny in any case on file at the Federal Energy Regulatory Commission affecting the City and its residents. SECTION 2. The City of Beaumont employs the Lawton Law Firm P.C. to represent the City with regard to the ETI rate matters before local and Public Utility Commission of Texas and any court of law and authorizes counsel to employ rate experts as are recommended by the Cities' Steering Committee to intervene in fuel or rate related proceedings at the Public Utility Commission concerning ETI's rates charged to Texas customers. SECTION 3. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with participation in said proceedings. SECTION 4. This Ordinance shall be effective from and after the date of its passage. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings,Act, Texas Government Code, Chapter 551. ' PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of February, 2018. ATTEST: City Secretary APPROVED AS TO FORM: WORK SESSION Review and discuss possible funding for the "buy-out," elevation and/or repair of homes damaged by Hurricane Harvey BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 27, 2018 REQUESTED ACTION: Council conduct a Work Session to review and discuss applying for HMGP funding for the "buy-out," elevation and/or repair of homes damaged by Hurricane Harvey. BACKGROUND As the result of Hurricane Harvey, more than 2,000 homes in Beaumont received flooding. Many of these homes are located within the flood plain and as many as fifty (50) are considered "Substantially Damaged" and are not able to be repaired unless they are above the minimum flood elevation. In response to Harvey, the City has submitted damage assessment and housing needs assessments to our regional, state and federal partners. In addition, the City has entered into a contract with JSW & Associates to apply for and manage grant programs as they become available. City staff is now aware up an upcoming opportunity to secure Hazard Mitigation Grant Program (HMGP) funding for the "buy-out," elevation and/or repair of homes flooded by Hurricane Harvey. While many details are not yet available, in order to begin preparation of the grant application, staff needs additional direction in the type and location of relief that we should consider applying for. FUNDING SOURCE Local match has not yet been determined. RECOMMENDATION Conduct the Work Session. `ti ©Fstantolat i