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HomeMy WebLinkAboutPACKET JUN 25 2019BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 25, 2019 1:30 PM CONSENT AGENDA * Approval of minutes — June 18, 2019 Confirmation of board and commission member appointments Bill Bianchi would fill the unexpired term of Steve McGaha on the Convention and Tourism Advisory Board. The term would commence June 25, 2019 and expire September 30, 2019 (Councilmember Audwin Samuel) A) Authorize the City Manager to apply for and receive funding from the Texas Historical Commission in an amount up to $250,000 B) Authorize the City Manager to apply for and receive funding from the Texas Historical Commission in an amount up to $140,336.14 C) Approve a resolution accepting payment for multiple weed liens and waiving interest for property located at 1810 Sabine Pass Ave. D) Authorize the City Manager to apply for and receive funding from the State of Texas for InterLibrary Loan activities for FY 2019 E) Authorize the City Manager to sign a Master Agreement with AT&T RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Bill Bianchi is appointed to the Convention and Tourism Advisory Board to fill the unexpired term of Steve McGaha. The term will commence June, 25, 2019 and expire September 30, 2019. 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 25th day of June, 2019. - Mayor Becky Ames - U BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 25, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding in an amount up to $250,000 from the Texas Historical Commission (THC). BACKGROUND Texas has been awarded a Hurricanes Harvey, Irma, and Maria Emergency Supplemental Historic Preservation Fund grant (HIM ESHPF grant) from the National Park Service -(NPS). The funding is earmarked to assist with the repairs to historic properties impacted by Hurricane Harvey. The Tyrrell Historical Library, built in 1903, is on the National Register of Historic Places (NRHP) landmarks which qualifies for this funding. Some interior floors, walls and ceiling panels were damaged by water intrusion during Hurricane Harvey. Damage repairs are not eligible for FEMA funding since FEMA reimbursed over $359,000 in repairs to this historic library following Hurricane Rita. Federal regulations restrict FEMA from duplicating payments for related damage even for subsequent weather events. Since the Hurricane Harvey related damages total less than $359,000, FEMA is restricted to providing assistance for mitigation actions only. FEMA is covering mitigation actions to replace the louvered vent to prevent future water intrusion. The estimated loss for the Library did not meet the insured deductible and all damages were not covered by the current policy. Therefore, $251,867.04 is needed to cover mold remediation, wood and plaster repairs. The THC funding allocation is capped at $250,000, but covers all costs up to that amount at 100%. FUNDING SOURCE Any amount in excess of $250,000 ($1,867.04) will be paid from the Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding from the Texas Historical Commission (THC) for the Emergency Supplemental Historic Preservation Fund Grant in an amount up to $250,000.00 for mold remediation and wood & plaster repairs to the Tyrrell Historical Library as a result of damages from Hurricane/TS Harvey and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to apply for and accept funding from the Texas Historical Commission (THC) for the Emergency Supplemental Historic Preservation Fund Grant in an amount up to $250,000.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of June, 2019. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 25, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding in an amount up to $140,336.14 from the Texas Historical Commission (THC). BACKGROUND Texas has been awarded a Hurricanes Harvey, Irma, and Maria Emergency Supplemental Historic Preservation Fund grant (HIM ESHPF grant) from the National Park Service (NPS). The funding is earmarked to assist with the repairs to historic properties impacted by Hurricane Harvey. The Jefferson Theatre, built in 1927, and the Robert Morton Organ installed at that time were damaged during Hurricane Harvey making it eligible for this funding since this facility was previously designated as a National Register of Historic Places (NRNP) landmark. FEMA covered items damaged by Hurricane Harvey which were not covered by insurance and is paying for some mitigation costs to seal and repair mortar on a small portion of the exterior wall; however, some additional damages from prior weather events and non -Harvey related restoration remained. This grant funding will help pay for the insurance deductible ($14,364), the remaining portion of the exterior brick, wall needing mortar sealing and repair ($64,130), organ restoration costs ($51,065) and management and administration costs for the grant application being charged by the contractor ($10,777). 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 Manager be and he is hereby authorized to apply for and receive funding from the Texas Historical Commission (THC) for the Emergency Supplemental Historic Preservation Fund Grant in an amount up to $140,336.14 for repair of weather related damages to Jefferson Theatre; and; BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to apply for and accept funding from the Texas Historical Commission (THC) for the Emergency Supplemental Historic Preservation Fund Grant in an amount up to $140,336.14. 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 25th day of June, 2019. - Mayor Becky Ames - 9 C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer `l MEETING DATE: June 25, 2019 REQUESTED ACTION: Council consider a resolution accepting payment in the amount of $376.00 for multiple weed liens and waiving interest in the amount of $1,095.15. BACKGROUND In the years of 1988 and 1990, two (2) weed liens were attached to property legally described as PL Q T 20 D Brown, 1810 Sabine Pass Ave. The principal amount due is $370.00 and total interest accrued since the filing of said liens is $1,095.15 with lien assessment fees of $6.00, for a total amount of $1,471.15. The property owner is requesting the waiver for the interest. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, two (2) weed liens in the amount of $1,471.15, represented by $370.00 in principal, $1,095.15 in interest, and $6.00 in lien assessment fee exist against property described as 1810 Sabine Pass Avenue a/k/a 1826 Sabine Pass Avenue, PL Q T 20 D Brown; and, WHEREAS, Gary Golden is attempting to sell the property described as 1810 Sabine Pass Avenue a/k/a 1826 Sabine Pass Avenue, PL Q T 20 D Brown, and the net balance of the pending sale will be greatly diminished by said lien; and, WHEREAS, the City recommends approving payment in the amount of $376.00, being $370.00 in principal and $6.00 in lien assessment fee, for the pay off of two (2) weed liens on property described as 1810 Sabine Pass Avenue a/k/a 1826 Sabine Pass Avenue, PL Q T 20 D Brown, and waiving interest in the amount of $1,095.15 is in the best interest of the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the lien payoff for 1810 Sabine Pass Avenue a/k/a 1826 Sabine Pass, PL Q T 20 D Brown, be and it is hereby approved in the amount of $376.00, being $370.00 in principal and $6.00 in lien assessment fee and interest be and is hereby waived in the amount of $1,095.15; and; BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary to evidence the release of the weed liens in the amount of $1,471.15 for the above described property in return for the payment of $370.00 in principal and $6.00 in lien assessment fee. 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 25th day of June, 2019. - Mayor Becky Ames - LTJ BEAU MONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer �), G MEETING DATE: June 25, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding from the State of Texas for InterLibrary Loan activities for FY2019. BACKGROUND The Beaumont Public Library System has provided Inter -Library Loan (ILL) services to the citizens of Beaumont through the State of Texas since 2011. Being one of the largest libraries in East Texas affords us the opportunity to be one of the top participants in the system. ILLs are received and sent daily through the TexExpress Courier service as well as the US Mail, and are managed by library personnel at the Main Library and the Miller Library. Submitting a request is initiated through the Navigator system that is managed by the Texas State Library and Archives Commission. For FY2019 Navigator lending activity, libraries will be eligible for a reimbursement based on lends provided to other libraries throughout the state of Texas and the nation. Managed by the Texas State Library and Archives Commission, the statewide interlibrary loan program embodies several grant programs that work together to enable library users' access to materials not available at their local library. It also works with other programs in Texas, the Southwest, and the country to promote resource sharing and provide greater access to information for all Texans. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. Page 1 of 2 Non Competitive Grant Application Form Grant ILL Lending Reimbursement 2019 Program: Application 901395 Number: Name: -Beaumont Public Library Legal Entity: City of Beaumont System PO Box 3827 PO Box 3827 Beaumont Beaumont 77704 TX Employer 7460002789 77704-3827 Identification Library Paul Eddy Number: Director: DUNS 073901118 Contact: Paul Eddy Number: Email: paul.eddy@beaumonttexas.gov SAM Phone 4099815911 Expiration Number: Date: CFDA 45.310 Grants to States Number: Federal LS -00-18-0044-18 Award Number: i r 7 ® The library and legal entity agree to the.Texas State Library and Archives Commission's FY2019 ILL Lending Reimbursement Program guidelines and LSTA Terms & Conditions and understand funds will be dispersed after the end of SFY2019. Name, Title, and Signature of an individual authorized to enter into contact on behalf of your library's legal entity (County Judge, Mayor, City Manager, Library Board President, Provost, etc.) Kyle Hayes Name: e City Manager, Beaumont, Texas Title: Signature: Date: file:///E:/ILLNiew.html 6/13/2019 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 funding for the City of Beaumont through the Texas State Library and Archives Commission, FY 2019 Interlibrary Loan Lending Reimbursement Program for reimbursement of net lends of interlibrary loan materials through Navigator (the computerized lending system). 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 25th day of June, 2019. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: June 25, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign a Master Agreement with AT&T. BACKGROUND The City of Beaumont has a number of T1 circuits in use for data throughout the City thatare being used to support the radio system. T1 circuits are older, slower technology that are being phased out. We would like to replace our existing T1 circuits with AT&T's Switched Ethernet service. Switched Ethernet will provide higher speeds at a slightly lower overall cost. These circuits are also easily managed by City of Beaumont personnel and their speeds can be adjusted to accommodate needs moving forward. Switched Ethernet services are not available for purchase unless we have a Master Agreement in place with AT&T. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. AT&T MA Reference No. a MASTER AGREEMENT .Customer tomer ;. , AT&T, Customer Legal Name AT&T Corp. Street Address: :�!ftjjts, authorized representative)p City: State/Province: Zip Code: Country: B :.Customer Contact for notices;.: AT&T Contact: for notices Name: Street Address: Title: City: State/Province: Street Address: Zip Code: Country: City: State/Province: Zip Code: Country: With a copy to: Telephone: AT&T Corp. Fax: One AT&T Way Email: Bedminster, N) 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com This Master Agreement ("Master Agreement'), between the customer named above ("Customer") and the AT&T entity named above ("AT&T'), is effective when signed by both Customer and AT&T. Customer : AT&T.' b its=authorizetl re resentative �' :�!ftjjts, authorized representative)p B B Name: Name: Title: Title: Date: Date: ua_ver_iii.doc- UA VER III 11/16/2012 AT&T and Customer Confidential Information Pana 1 of R Pr.RM in. 1 -C'i iR7AV MASTER AGREEMENT 1. INTRODUCTION 1.1 Overview of Documents. This Master Agreement and the following additional documents (collectively, the "Agreement") shall apply to all products and services AT&T provides Customer pursuant to this Agreement ("Services") and shall continue in effect so long as Services are provided under this Agreement: (a) Pricing Schedules. A "Pricing Schedule" means a pricing schedule (including related attachments) or other document that is attached to or is later executed by the parties and references this Master Agreement. A Pricing Schedule includes the Services, the pricing (including discounts and commitments, if applicable) and the pricing schedule term ("Pricing Schedule Term"). (b) Tariffs and Guidebooks. "Tariffs" are documents containing the descriptions, pricing and other terms and conditions for a Service that AT&T or its Affiliates file with regulatory authorities. "Guidebooks" are documents (designated as Guidebooks or Price Lists) containing the descriptions, pricing and other terms and conditions for a Service that were but no longer are filed with regulatory authorities. Tariffs and Guidebooks can be found at att.com/servicepublications or other locations AT&T may designate. (c) Acceptable Use Policy. AT&T's Acceptable Use Policy ("AUP") applies to (i) Services provided over or accessing the Internet and (ii) wireless (i.e., cellular) data and messaging Services. The AUP can be found at att.com/aup or other locations AT&T may designate. (d) Service Guides. The descriptions, pricing and other terms and conditions for a Service not covered by a Tariff or Guidebook may be contained in a Service Guide, which can be found at att.com/servicepublications or other locations AT&T may designate. 1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: the applicable Pricing Schedule or Order; this Master Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that Tariffs will be first in priority in any jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms. 1.3 Revisions to Documents. Subject to Section 8.2(b) (Materially Adverse Impact), AT&T may revise Service Publications at any time. 1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule in its own name, and such Affiliate contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T will cause their respective Affiliates to comply with any such separate and associated contract. 2. AT&T DELIVERABLES 2.1 Services. AT&T will either provide or arrange to have an AT&T Affiliate provide Services to Customer and its Users, subject to the availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider. If an applicable Service Publication expressly permits placement of an order for a Service under this Master Agreement without the execution of a Pricing Schedule, Customer may place such an order using AT&T's standard ordering processes (an "Order"), and upon acceptance by AT&T, the Order shall otherwise be deemed a Pricing Schedule under this Master Agreement for the Service ordered. 2.2 AT&T Equipment. Services may be provided using equipment owned by AT&T that is located at the Site ("AT&T Equipment"), but title to the AT&T Equipment will remain with AT&T. Customer must provide adequate space and electric power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or damage to the AT&T Equipment (other than ordinary wear and tear), except to the extent caused by AT&T or its agents. 2.3 Purchased Equipment. Except as specified in a Service Publication, title to and risk of loss of,Purchased Equipment shall pass to Customer on delivery to the transport carrier for shipment to Customer's designated location. 2.4 License and Other Terms. Software, Purchased Equipment and Third -Party Services may be provided subject to the terms of a separate license or other agreement between Customer and either the licensor, the third -party service provider or the manufacturer. Customer's execution of the Pricing Schedule for or placement of an Order for Software, Purchased Equipment or Third -Party Services is Customer's agreement to comply with such separate agreement. Unless a Service Publication specifies otherwise, AT&T's sole responsibility with respect to Third -Party Services is to place Customer's orders for Third -Party Services, except that AT&T may invoice and collect payment from Customer for the Third -Party Services. 3. CUSTOMER'S COOPERATION 3.1 Access Right. Customer will in a timely manner allow AT&T access as reasonably required for the Services to property and equipment that Customer controls and will obtain at Customer's expense timely access for AT&T as reasonably required for the Services to property controlled by third parties such as Customer's landlord. AT&T will coordinate with and, except in an emergency, obtain Customer's consent to enter upon Customer's property and premises, which consent shall not be unreasonably withheld. Access rights mean the right to construct, install, repair, maintain, replace and remove access lines and network facilities and the right to use ancillary equipment space within a building for Customer's connection to AT&T's network. Customer must provide AT&T timely information and access to Customer's facilities and equipment as AT&T reasonably requires for the Services, subject to Customer's reasonable security policies. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities and other items as AT&T reasonably requires for the Services and will obtain any necessary licenses, permits and consents (including easements and rights-of-way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule. 3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides Services is a safe working environment, free of Hazardous Materials and reasonably suitable for the Services. "Hazardous Materials" mean any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal or release is regulated by any law related to pollution, to protection of air, water or soil or ua_ver_iii.doc UA VER III 11/16/2012 AT&T and Customer Confidential Information MASTER AGREEMENT to health and safety. AT&T shall have no obligation to perform work at a location that is not a suitable and safe working environment or to handle, remove or dispose of Hazardous Materials. 3.3 Users. "User" means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply with this Agreement and is responsible for Users' use of any Service unless expressly provided to the contrary in an applicable Service Publication. 3.4 Resale of Services. Customer may not resell the Services or rebrand the Services for resale to third parties without AT&T's prior written consent. 4. PRICING AND BILLING 4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. The prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term and will apply in lieu of the corresponding prices set forth in the applicable Service Publication. No promotion, credit, discount or waiver set forth in a Service Publication will apply. Unless the Pricing Schedule states otherwise, at the end of the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or other requirements in a Service Publication for Customer to terminate a Service Component) under a month-to-month service arrangement at the prices, terms and conditions in effect on the last day of the Pricing Schedule Term. AT&T may change such prices, terms or conditions on 30 days' prior notice to Customer. 4.2 Additional Charges and Taxes. Prices set forth in a Pricing Schedule are exclusive of and Customer will pay all taxes (excluding those on AT&T's net income), surcharges, recovery fees, customs clearances, duties, levies, shipping charges ,and other similar charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides a valid exemption certificate prior to the delivery of Services. To the extent required by law, Customer may withhold or deduct any applicable taxes from payments due to AT&T, provided that Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty and will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. If the Customer is claiming a tax exempt status, the Customer shall furnish all necessary and required documents to support such claim and aid in the removal of said taxes. 4.3 Billing. Unless a Service Publication specifies otherwise, Customer's obligation to pay for a Service Component begins upon availability of the Service Component to Customer. Customer will pay AT&T without deduction, setoff or delay for any reason (except for withholding taxes as provided in Section 4.2 - Additional Charges and Taxes or in Section 4.5 - Delayed Billing; Disputed Charges). At Customer's request, but subject to AT&T's consent (which may not be unreasonably withheld or withdrawn), Customer's Affiliates may be invoiced separately, and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T determines, in its reasonable judgment, that Customer or its Affiliates are not creditworthy, and AT&T may apply such deposit to any charges owed. 4.4 Payments. Payment is due within 30 days after the date of the invoice (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements or other statements on checks are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored payments, including reasonable attorneys' fees. AT&T may charge late payment fees at the lowest of (a) 1.5% per month (18% per annum), (b) for Services contained in a Tariff or Guidebook at the rate specified therein, or (c) the maximum rate allowed by law for overdue payments4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for Services initially invoiced more than 6 months after close of the billing period in which the charges were incurred, except for calls assisted by an automated or live operator. If Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charge and the reason it is disputed within 6 months after the date of the invoice in which the disputed charge initially appears, or Customer waives the right to dispute the charge. The portion of charges in dispute may be withheld and will not be considered overdue until AT&T completes its investigation of the dispute, but Customer may incur late payment fees in accordance with Section 4.4 (Payments). Following AT&T's notice of the results of its investigation to Customer, payment of all properly due charges and properly accrued late payment fees must be made within ten (10) business days. AT&T will reverse any late payment fees that were invoiced in error. 4.6 Credit Terms. AT&T retains a lien and purchase money security interest in each item of Purchased Equipment and Vendor Software until Customer pays all sums due. AT&T is authorized to sign and file a financing statement to perfect such security interest. 4.7 MARC. Minimum Annual Revenue Commitment ("MARC") means an annual revenue commitment set forth in a Pricing Schedule that Customer agrees to satisfy during each 12 -consecutive -month period of the Pricing Schedule Term. If Customer fails to satisfy the MARC for any such 12 -month period, Customer will pay a shortfall charge in an amount equal to the difference between the MARC and the total of the applicable MARC -Eligible Charges incurred during such 12 -month period, and AT&T may withhold contractual credits until Customer pays the shortfall charge. 4.8 Adjustments to MARC. (a) In the event of a business downturn beyond Customer's control, or a corporate divestiture, merger, acquisition or significant restructuring or reorganization of Customer's business, or network optimization using other Services, or a reduction of AT&T's prices, or a force majeure event, any of which significantly impairs Customer's ability to meet a MARC, AT&T will offer to adjust the affected MARC to reflect Customer's reduced usage of Services (with a corresponding adjustment to the prices, credits or discounts available at the reduced MARC level). If the parties reach agreement on a revised MARC, AT&T and Customer will amend the affected Pricing Schedule prospectively. This Section 4.8 will not apply to a change resulting from Customer's decision to use service providers other than AT&T. Customer will provide AT&T notice of the conditions Customer believes will require the application of this provision. This provision does not constitute a waiver of any charges, ua_ver_iii.doc UA VER III 11/16/2012 AT&T and Customer Confidential Information MASTER AGREEMENT including monthly recurring charges and shortfall charges, Customer incurs prior to amendment of the affected Pricing Schedule. (b) If Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer and AT&T may agree in writing to include the new business or operation under this Agreement. Such agreement will specify the impact, if any, of such addition on Customer's MARC or other volume or growth discounts and on Customer's attainment thereof. 5. CONFIDENTIAL INFORMATION 5.1 Confidential Information. Confidential Information means: (a) information the parties or their Affiliates share with each other in connection with this Agreement or in anticipation of providing Services under this Agreement (including pricing or other proposals), but only to the extent identified as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terms of this Agreement. AT&T also acknowledges that the Customer is a government entity subject to the rules and obligations of the Public Information Act and the Customer is limited in its ability to agree to a Confidentiality clause. Customer agrees to all the provisions herein to the extent allowable by law. 5.2 Obligations. A disclosing party's Confidential Information will, for a period of 3 years following its disclosure to the other party (except in the case of software, for which the period is indefinite): (a) not be disclosed, except to the receiving party's employees, agents and contractors having a need -to -know (but only if such agents and contractors are not direct competitors of the other party and agree in writing to use and disclosure restrictions as restrictive as this Section 5) or to the extent authorized to be revealed by law, governmental authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing party to the extent practicable and not prohibited by law, governmental authority or legal process); (b) be held in confidence; and (c) be used only for purposes of using the Services, evaluating proposals for new services or performing this Agreement (including in the case of AT&T to detect fraud, to check quality and to operate, maintain and enhance the network and Services). 5.3 Exceptions. The restrictions in this Section 5 will not apply to any information that: (a) is independently developed by the receiving party without use of the disclosing party's Confidential Information; (b) is lawfully received by the receiving party free of any obligation to keep it confidential; or (c) becomes generally available to the public other than by breach of this Agreement. 5.4 Privacy. Each party is responsible for complying with the privacy laws applicable to its business. AT&T shall require its personnel, agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in accordance with the data protection laws and regulations applicable to AT&T's business. If Customer does not want AT&T to comprehend Customer data to which it may have access in performing Services, Customer must encrypt such data so that it will be unintelligible. Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer's and AT&T's collection and use of the User, employee or agent information in connection with a Service. Customer will only make accessible or provide Customer Personal Data to AT&T when it has the legal authority to do so. Unless otherwise directed by Customer in writing, if AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer's customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. 6. LIMITATIONS OF LIABILITY AND DISCLAIMERS 6.1 Limitation of Liability. (a) EITHER PARTY'S ENTIRE LIABILITY AND THE OTHER PARTY'S EXCLUSIVE REMEDY FOR DAMAGES ON ACCOUNT OF ANY CLAIM ARISING OUT OF AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL BE: (i) FOR BODILY INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TO TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY A PARTY'S NEGLIGENCE, PROVEN DIRECT DAMAGES; (ii) FOR BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity) OR SECTION 10.2 (Trademarks), PROVEN DIRECT DAMAGES; (iii) FOR ANY THIRD -PARTY CLAIMS, THE REMEDIES AVAILABLE UNDER SECTION 7 (Third Party Claims); (iv) FOR CLAIMS ARISING FROM THE OTHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVEN DAMAGES; OR (v) FOR CLAIMS OTHER THAN THOSE SET FORTH IN SECTION 6.1(a)(i)-(iv), PROVEN DIRECT DAMAGES NOT TO EXCEED, ON A PER CLAIM OR AGGREGATE BASIS DURING ANY TWELVE (12) MONTH PERIOD, AN AMOUNT EQUAL TO THE TOTAL NET CHARGES INCURRED BY CUSTOMER FOR THE AFFECTED SERVICE IN THE RELEVANT COUNTRY DURING THE THREE (3) MONTHS PRECEDING THE MONTH IN WHICH THE CLAIM AROSE. (b) EXCEPT AS SET FORTH IN SECTION 7 (Third Party Claims) OR IN THE CASE OF A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR FOR INCREASED COST OF OPERATIONS. (c) THE LIMITATIONS IN THIS SECTION 6 SHALL NOT LIMIT CUSTOMER'S RESPONSIBILITY FOR THE PAYMENT OF ALL PROPERLY DUE CHARGES UNDER THIS AGREEMENT. 6.2 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR ANY SERVICE ERROR OR INTERRUPTION, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911 OR OTHER EMERGENCY RESPONSE CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR CREDITS EXPLICITLY SET FORTH IN THIS AGREEMENT); LOST OR ALTERED ua_ver_iii.doc UA VER III 11/16/2012 AT&T and Customer Confidential Information MASTER AGREEMENT MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S (OR ITS AFFILIATES', USERS' OR THIRD PARTIES') APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS. 6.3 Purchased Equipment and Vendor Software Warranty. AT&T shall pass through to Customer any warranties for Purchased Equipment and Vendor Software available from the manufacturer or licensor. The manufacturer or licensor, and not AT&T, is responsible for any such warranty terms and commitments. ALL SOFTWARE AND PURCHASED EQUIPMENT IS OTHERWISE PROVIDED TO CUSTOMER ON AN "AS IS" BASIS. 6.4 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON -INFRINGEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER) AND MAKES NO GUARANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT TO LOAD BALANCING OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER'S DATA AND INFORMATION. 6.5 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a party was advised of the possibility of such damages and will apply so as to limit the liability of each party and its Affiliates and their respective employees, directors, subcontractors and suppliers. The limitations of liability and disclaimers set out in this Section 6 will survive failure of any exclusive remedies provided in this Agreement. 7. THIRD PARTY CLAIMS 7.1 AT&T's Obligations. AT&T agrees at its expense to defend and either to settle any third -party claim against Customer, its Affiliates and its and their respective employees and directors or to pay all damages that a court finally awards against such parties for a claim alleging that a Service provided to Customer under this Agreement infringes any patent, trademark, copyright or trade secret, but not where the claimed infringement arises out of or results from: (a) Customer's, its Affiliate's or a User's content; (b) modifications to the Service by Customer, its Affiliate or a third party, or combinations of the Service with any non -AT&T services or products by Customer or others; (c) AT&T's adherence to Customer's or its Affiliate's written requirements; or (d) use of a Service in violation of this Agreement. 7.2 Customer's Obligations. Customer agrees at its expense to defend and either to settle any third -party claim against AT&T, its Affiliates and its and their respective employees, directors, subcontractors and suppliers or to pay all damages that a court finally awards against such parties for a claim that: (a) arises out of Customer's, its Affiliate's or a User's access to or use of the Services and the claim is not the responsibility of AT&T under Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret and falls within the exceptions in Section 7.1; or (c) alleges a breach by Customer, its Affiliate or a User of a Software license agreement. 7.3 Infringing Services. Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for Customer to continue using, or may replace or modify, the Service so that it is non -infringing. 7.4 Notice and Cooperation. The party seeking defense or settlement of a third -party claim under this Section 7 will provide notice to the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so will have no effect except to the extent the other party is prejudiced by the delay. The party seeking defense or settlement will allow the other party to control the defense and settlement of the claim and will reasonably cooperate with the defense. The defending party will use counsel reasonably experienced in the subject matter at issue and will not settle a claim without the written consent of the party being defended, which consent will not be unreasonably withheld or delayed, except that no consent will be required to settle a claim where relief against the party being defended is limited to monetary damages that are paid by the defending party under this Section 7. 7.5 AT&T's obligations under Section 7.1 shall not extend to actual or alleged infringement or misappropriation of intellectual property based on Purchased Equipment, Software, or Third -Party Services. 8. SUSPENSION AND TERMINATION 8.1 Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other party becomes insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency proceeding or makes an assignment for the benefit of its creditors. 8.2 Termination or Suspension. The following additional termination provisions apply: (a) Material Breach. If either party fails to perform or observe any material warranty, representation, term or condition of this Agreement, including non-payment of charges, and such failure continues unremedied for 30 days after receipt of notice, the aggrieved party may terminate (and AT&T may suspend and later terminate) the affected Service Components and, if the breach materially and adversely affects the entire Agreement, terminate (and AT&T may suspend and later terminate) the entire Agreement. (b) Materially Adverse Impact. If AT&T revises a Service Publication, the revision has a materially adverse impact on Customer and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after receipt of notice from Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service Components on 30 days' notice to AT&T, given not later than 90 days after Customer first learns of the revision to the Service Publication. "Materially adverse impacts" do not include changes to non -stabilized pricing, changes required by governmental authority, or assessment of or changes to additional charges such as surcharges or taxes. ua_ver_iii.doc UA VER III 11/16/2012 AT&T and Customer Confidential Information RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a'Master Agreement between the City of Beaumont and AT&T for Switched Ethernet service. 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 25th day of June, 2019. - Mayor Becky Ames - O.EAUMO.NT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 25, 2019 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 1, 6-9/Consent Agenda * Consent Agenda GENERAL BUSINESS Conduct an election for Mayor Pro Tempore 2. Consider a request for a Rezoning from R -S (Residential Single -Family Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) with a revised Specific Use Permit for an addition to an existing pest control business located at 6550 Concord Road 3. Consider a request for a Rezoning from RM -H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning district for property located at 1320 Caldwell 4. Consider a request for a Specific Use Permit to allow a spa/salon in an RM -H (Residential Multiple Family Dwelling -Highest Density) District for property located at 2105 Dowlen Road 5. Consider a request for a Specific Use Permit to allow a multi -family development in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located on the east side of Major Drive approximately 270 feet south of . Northwest Parkway 6. Consider a request to abandon an approximate 970 foot portion of North 7th Street located between Dollinger Road and the Union Pacific Railway, north of Interstate Highway 10 East 7. Consider a request to abandon an approximate 0.001 acre portion of Carabin Street at Ewing Street 8. Consider a resolution authorizing the City Manager to apply for and receive funding up to $9,861,717 from the Texas Community Development Block Grant Disaster Recovery Program 9. Consider authorizing the City Manager to enter into an agreement with AmeriCommerce, LLC/Ed Sturrock for economic development incentives under the Neighborhood Empowerment Zone Program WORK SESSION * Review and discuss the guidelines for speakers and others in meetings of the Beaumont City Council and Commission meetings COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters 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 June 25, 2019 Conduct an election for Mayor Pro Tempore BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: June 25, 2019 REQUESTED ACTION: Conduct an election for Mayor Pro Tempore t • ' lT3�1i1 According to the City Charter, "the City Council shall elect one of its members as Mayor Pro Tempore for a one 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 the office, and, if a vacancy occurs, shall become Mayor for the unexpired term. THAT yearterm. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: is elected Mayor Pro Tempore for a one (1) 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 25th day of June, 2019. - Mayor Becky Ames - 2 June 25, 2019 Consider a request for a Rezoning from R -S (Residential Single -Family Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) with a revised Specific Use Permit for an addition to an existing pest control business located at 6550 Concord Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 25, 2019 REQUESTED ACTION: Consider a request for a Rezoning from R -S (Residential Single - Family Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) with a revised Specific Use Permit for an addition to an existing pest control business located at 6550 Concord Road. BACKGROUND GuardTech Pest Management, Inc. is requesting a Rezone with and a revised Specific Use Permit for the expansion of an existing pest control business on a lot northwest of 6550 Concord Road. The property is currently zoned as R -S (Residential Single -Family). Mr. Kenneth Carr of GuardTech, is requesting this rezone along with the revision to the specific use permit to allow the addition. By rezoning this subject property, it allows for the expansion of the existing building and additional parking at 6550 Concord Road. The applicant states that there is landscaping on the subject property that will remain. At a Joint Public Hearing held on June 17, 2019, the Planning Commission recommended 6:0 to approve the request for a Rezoning from R -S (Residential Single -Family Dwelling) to GC - MD -2 (General Commercial -Multiple Family Dwelling -2) with a revised Specific Use Permit for an addition to an existing pest control business located at 6550 Concord Road with the following condition: 1. Construction plans must meet all requirements by the Planning Division regarding landscaping, screening and sidewalks. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with the following conditions: 1. Construction plans must meet all requirements by the Planning Division regarding landscaping, screening and sidewalks. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS nn APPLICANT'S NAME AND ADDRESS: 6L(A�eDAU-P P&,5'% M}�-AM-66MEI / ��C- - 6 O t 0A1 f Ab €A-atKoNr '7-77,08 APPLICANT'S PHONE #:_ `N % �l 3 � � Z �D FAX #; SF05- S13 $-�! NAME OF OWNER: 4,16V4 ad , CA1` ADDRESS OF OWNER:_ 110 _M Y 5 fX C. /, ./ 1,U -M 6,4A%dit7 LOCATION OF PROPERTY: 6550 (,DAk-V Rcb k/l, 27 % % %De LEGAL DESCRWTION OF PROPERTY: LOT BLOCK NO. ADDITION NUMBER OF ACRES OR TRACT 61 PLAT R SURVEY7hbAA5 5?&4R 446. -6-0NUMBER OF ACRES O • 367 For properties not in a recorded subdivision, submit a copy of a current surveyor plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: ZONING DISTRICT REQUESTED: Cti W-)- - z - HAS THE REQUEST BEEN MADE BEFORE?_IOIF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: ` LESS THAN 1/2 ACRE...........................................................$250. G� 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 IHEREBYACKNOWLEDGETHAT APPLICAUONIS EFORTHEREQUESTEDDISTRICTORAMORERESTRICTIVE DISTRICT. ' r SIGNATURE OF APPLICANT: DATE: c7�li� CJ SIGNATURE OF OWNER (IF NOT APPLICANT):_ PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: DATE RECEIVED: RECEIPT NUMBER: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 7),7 P.O. BOX 3827 77704 (409) 880-3764 FAX (409) 880-3133 SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 30, City. Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: 6gAgpZEa A6517- ^4AJA6 '7i APPLICANT'S ADDRESS: (D Jr\� 1.1J/�i CO �/U 7 7 7 0 g APPLICANT'S PHONE #: (7 C� I) �I �� ZZ�D FAX #: C !i NAME OF OWNER: &�jtjc t 4 CAjg& ADDRESS OF OWNER:1� LOCATION OF PROPERTY: ❑r LEGAL DESCRIPTION OF PROPERTY: `AICW.) LOT N0. T, SPS Al uE ,AgS -00, SCJ OR TRACT�5 d ( J BLOCK NO.&A PLAT ADDITION X*JVW J 11% VOLUME SURVEYSPfi69 S�ll�fi� ''�}/.3o S� NUMBER OF ACRES D / R ZI5 NUMBER OF -ACRES 19,37 % 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 C daG n to ey-, ATTACH A LETTER describing all processes and activities involved with the proposed uses. ZONE: C- �) D - 2 ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATT 'CH A REDUCED 8 %Z" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN V2 ACRE............................................................:....$250.00 V2 ACRE OR MORE AND LESS THAN 5 ACRES .................... $450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, un rstand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shal I e ad red to "nded approved by City Council. SIGNATURE OF APPLICANT: DATE: �/Z SIGNATURE OF OWNER: (1F NOT APPLICANT) DATE:. PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: DATE RECEIVED: �J = Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. e00G-uarA'rtec Pest Management Planning Commission and City Council We are planning on expanding our existing building by approximately 1075 sq.ft. We are adding a training room, 4 offices, a bathroom and break room. Our company specializes in pest control and related services. We have been located at 6550 Concord Rd since 2006 when we built our existing office building. There will not be any additional activities at our location other than what we have had for the last 13 years. The reason for the expansion is a growth of our company and the need for more space. We bought the lot to the west, of our property, previously being used by Environmental Tree Service, to accommodate the expansion and parking. The add-on portion of the building will be on the existing lot with the driveway and parking lot on the new lot. There is an existing privacy fence.and landscaping on the new lot, that we will leave in place. R & R Construction will be doing the add-on work and is familiar with and will adhere to the City of Beaumont Ordinances. Adding on to our existing building will allow our business to grow and give more stability to our employees as well as increase opportunities for future hiring, which will strengthen our local economy and community. We appreciate your time and we petition you to approve our request. Thank You, �/z� y Kenneth Carr President J ,.,.......r .Tec Pest Management 6550 Concord Rd Beaumont, TX 77708 Planning Commission and City Council, SECTION 30-26.E THE ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED: 1. The specific use permit that we are requesting will be compatible with and not injurious to the use and environment of other properties, nor will it significantly diminish or impair property values within the immediate vicinity. 2. Our establishment of the specific use permit will not impede the normal and orderly development and improvement of surrounding vacant property. 3. Adequate utilities, access roads, drainage and other necessary supporting facilities have been- met or will be provided. 4. The design, location and arrangement of all,driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. 5. Adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. 6. Directional lighting will be provided so as not to disturb or adversely affect neighboring properties. 7. There will be sufficient landscaping planted and/or screening on the property to insure harmony and compatibility with adjacent property. 8. Our proposed use will be in accordance with the Comprehensive Plan. We have had our office -at this location for the last 13 years. We are just adding additional office space to the existing building with additional parking. Our daily operation and activities at this location will not change. Thank You, Kenneth Carr President ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED AT 6550 CONCORD ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 6550 Concord Road, being Plat RS -1, Tract 64, Thomas Spears Survey, Abstract 50, Beaumont, Jefferson County, Texas, containing .307 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby�amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of June, 2019. - Mayor Becky Ames - File 2388-Z/P: Request for a Rezoning from RS (Residential Single -Family Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2), with a Specific Use Permit o allow the expansion. of a pest control business. pplicant: Guardtech Pest. Management, Inc. Location: 6550 Concord Road 0 50 100 I i I I Feet EXHIBIT "A" ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW EXPANSION OF AN EXISTING PEST CONTROL BUSINESS LOCATED AT 6550 CONCORD ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on January 4, 2005, City Council approved Ordinance 05-008 issuing a specific use permit to Kenneth Carr, owner of GuardTech Pest Management, Inc, and The Home Team Inspection Service, to allowa pest control business and home inspection business in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located at 6550 Concord Road, Beaumont, Jefferson County, Texas; and, WHEREAS, the applicant, Kenneth Carr as owner of GuardTech Pest Management, Inc., wishes to amend Ordinance No. 05-008 to allow expansion of an existing pest control business in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District, being Plat RS -1, Tract 64, Thomas Spears Survey, Abstract 50, Beaumont, Jefferson County, Texas, containing .307 acres, more or less, as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend Ordinance No. 05-008 to allow expansion of an existing pest control business in a GC -MD -2 (General Commercial -Multiple Family Dwelling7-2) District located at 6550 Concord Road; and, WHEREAS, the City Council is of the opinion that the amendment of Ordinance No. 05-008 to allow the expansion 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 resolution are hereby, in all things, approved and adopted; and, Section 1. That Ordinance 05-008 be amended by amending the specific use permit to allow expansion of an existing pest control business in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at, 6550 Concord Road, being Plat RS - 1, Tract 64, Thomas Spears Survey, Abstract 50, Beaumont, Jefferson County, Texas, ' containing .307 acres, more or less, is hereby granted to GuardTech Pest Management, Inc., its legal representatives, successors, and assigns as shown on Exhibit "A," attached hereto and made a part hereof for all purposes. Section 2 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made:a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of June, 2019. - Mayor Becky Ames - �,' - `jG 1 GF . -. `�- r, A, r r-t, ,f�'�'•• . IL_. fk ���4 , �� /i f �! ��• :i $ 'fir 1,�!���• J�� l eit •v•F �, �,� t� `5: �,,�•R� 4.` 6?�C ,�c 1LHtf �1. - Y �si� ,:�„r •, .'r y. r• 7�f' �. / ,� cf).i'`�-`- � /` +'{ 4 _ ti�G ,ei:. j 1 ,� ,-i .-. - s.oyxs cY �'�� 1` ..t,•. i • �?'�i.� a iT Yds, 1�, a, �. -a��'. 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SURVEYORS. AS SUCH. R xt f:< a r FOOT S� WITH A CAP IAIPLIASSOCiA7E5; _ ``L10, RI(W OF OF THE DEEP Y GRANTED TO SON COUNTY FROM J.P. WALKER Bt ax AS RECORDED iN :...:;..,- MIORDS OF JEFFERSON COUNTY. TEYAS. (CONCORD ROAD) LOT 1, BLOCK 3 FND 3/4- SIENNA TRAILS SUBDIVISION L ROD CF NO. 2008035976 PER Cr NO OPRJC o o FAQ S40'037� $ 01��6D1' OPI . a It, 0.84 ' 70) 0 —� 71 d FND • V R� Chap of -- L RW 9.8' .. 0.30 go ,. FND 0.3774 ACRES CALLED Oz" -ACRES _ q".- BROTHERIS _ CORPORATION. -INC. —MUAL CF NO.* 100�60D601. to OPRJ �_ .hiil�s:71U in r COV, r5.73' L a� % r >� i m id BLDG. 5.79' rna 44.2' W 11.7' v.� C,01 O C� M 4jpZ 2 x z c0 M WOOD do FRAME �❑ .r BUILDING ` � � �-v za m . s Z EL£C �_ . M �p W u, MIR. °� 4462' Cf) :j! COV �/ L REMAINDER OF T., '' z 'TRACT TWO' fLL .AWE RUTIi MORRIS VOL 2247. PG. 421 CALLED 0.424 ACRES & VOL 2247. PG. 408 IVAN DALE WNES OPRJC CF No.•2008026507 OPRJC 0.05' END 1/2' SET 5/8'SET5/8' L ROD L RODL_,, ROD FND N49'5728W 18.65' FND M48046'55"W 49.90` FND T ,1CALL N48'54'OD'W 18.15) (CALL N48'47'40iIV 49.82') (CALL CONCORD ROAD (FORMERLY KNOWN AS OLD VOTH ROAD) 9,E. "LDERS AND THE OWNERS OF THE PREMISES- -SURVEYED `IE FIRST AMERICAN TITLE INSURANCE COMPANY. DOES HEREBY CERTIFY THAT T uiS SU SET 5/8' QRS 'OO"W 50.03 ) MIBIT "'B - REFER B - REFER TO EXHIBIT A' FOR LEGAL DESCRIPTION 1THE GROUND OF THE PROPERTY RVLY WAS THIS IS CORRECT. AND THAT THERE LEGALLY DESCRIBED ARE NO 6550 CONCORD ROAD BEA11kIONT, iFxaS 77708 iBl�-AGtS IN DLSCR[PANCIES, _ AREA, BOUNDARY LINE CONFLICTS —LAPPING OF P [1M. 0.3774 Acre Tract or Parcel of Land FASETJENTS OR L1F EXCET1i AS SHORN y ON. AND Thomas Spear Survey, Absiract No. 50 D THAT SAID PROPERTY FRt?1J A DEDiCAIED ROADWAY. Beaumont. Jefferson County, Teuas �5-90W AND NOTED PER TEAS REGIONAL TITLE -� m Omar; G+mr�dtech Pest Tana gement, Inc. rl ..m. o nn • 10 Qday June 25, 2019 Consider a request for a Rezoning from RM -H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning district for property located at 1320 Caldwell BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 25, 2019 REQUESTED ACTION: Consider a request for a Rezoning from RM -H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning district for property located at 1320 Caldwell. BACKGROUND D'Juana Davillier Fowler is requesting a Rezoning of her property located at 1320 -Caldwell Avenue. The purpose of this rezone is to take their current garage and return it to a commercial use. She intends to open a store and development center, with retail sales of homemade and natural products for clean living. The development center will offer home economics education to local youth. Ms. Fowler plans to be open for business from 8:00am to 9:00pm. At a Joint Public Hearing held on June 17, 2019, the Planning Commission recommended 5:0 to approve the request for a Rezoning from RM -H (Residential Multiple Family Dwelling - Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive. zoning district. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CIT'y Y COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: I)% UAA& a'V'(j�� APPLICANT'S PHONE #: I IV ' O` 7? gi FAX #: NAME OF OWNER: Lo 1 ! / c, ha ✓; I rw- ADDRESS OF OWNER: 3d3d Dila IG Z) r/ flv 23&zci'Yt.o,� TX -n-70-7 ?07 LOCATION OF PROPERTY: I M0 (.R. i 1 7 o3 LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO.� ADDITION 004" NUMBER OF ACRES • IT - OR TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: J\ M ZONING DISTRICT REQUESTED: GCM D HAS THE REQUEST BEEN MADE BEFORE? NO IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00- 5 450.00•5 ACRES OR MORE.......................:.......................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. _ � SIGNATURE OF APPLICANT: SIGNATURE OF OWNER: PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER DATE RECEIVE RECEIPT NUMBER: DATE: 5' 14� - I9 PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409)880-3764 FAX (409) 880-3133 5030 Oriole Drive Beaumont, Texas 77707 May 16, 2019 Commissioners Court 1085 Pearl Street Beaumont, Texas 77701 Re: Letter of Intent— Rezoning Request for 1320 Caldwell Avenue 77703 Dear Commissioners: The Davillier Family respectfully request rezoning from RMD to GCMD for the following reasons: 1. Davillier Family wishes to turn current garage, used as store by a previous owner, back into a store and development center. The store will offer homemade natural products for clean living as well as offer home economics education to youth. Store will operate quietly between the hours of 8am and Spm. 2. Store will promote community unification and foster tranquility by offering courses that keep children busy and off the streets. 3. Size and location of store is suitable for commercial development and will generate local revenue for the City of Beaumont. Your consideration of this request is appreciated. Should you have any questions or concerns, please feel free to contact me. Sincerely, n A 1)J�J v D'Juana Davillier Fowler ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1320 CALDWELL AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 1320 Caldwell Avenue, being Block C, North Addition, Beaumont, Jefferson County, Texas, containing .514 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions`of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 1 Section 5. - That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of June, 2019. - Mayor Becky Ames - '* t k.r - �M } r ..,,: �, • r,. yYlr'V }�''. �' �� - -�, `C!V4 �//• T��F��(,���--((��'��I�������� t,,`tr. �gl� � Y�` -_ � { t ��''� I :•+ry �r �"��t \ �! 1 �} '�' �p y �.� d`JUJ� �•' �- s `•r I�. f �,'��., �, 1\,y t'. �} `j'� I ' ,'� Jy WK iv €, t�.SS;t�' Y`•" SP�'rr �3 ..� .�(. �yn'M,PC+f 7,�-^�, 1 9 ," A t•' ,�� 6 �1i' wyy„ ark L t +� t±.- ''j�� �" `l ' ,. a�a , r .v .r' � �'• ' ,''y�J {t+e r+4 ` ,�„_ y _ k” Y 1�" ��S; .i. t •, � �iTG ���[1'y T � t r� y' �" t � � { �i}•' - L. 1 �•�j,c �l 1 ,�, \ __^�. !�f p r #", }t � t r� .M 1 : t , t �" `v'=D �~ t3g" t 3`,,,�84d1,��a340$ � ;!` �• L r d Sit, v a� t = ;t "Nf n�34 ;ose 4c+eo8C•vk •�oa T66 PF } �:. t '.- �� �=A` ��'{S.�F.rC*a'-�� + i.., r , '4Si�.4,.kt. b. r C 'S' , 'l: '- ']tl .. , f.' 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T ¢ � `Jj^ ` s`0. �� r � ��� 4�� 11 June 25, 2019 Consider a request for a Specific Use Permit to allow a spa/salon in an RM -H (Residential Multiple Family Dwelling -Highest Density) District for property located at 2105 Dowlen Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 25, 2019 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a spa/salon in an RM -H (Residential Multiple Family Dwelling -Highest Density) District for property located at 2105 Dowlen Road. BACKGROUND Terry Syler is requesting a Specific Use Permit to allow a spa/salon at 2105 Dowlen Road. This location was where Mr. Syler once ran his orthodontist office. When Mr. Syler retired, he converted the office into a spa and salon called Beauty Design One. He currently has three employees who are licensed as nail technicians, estheticians, massage therapists and cosmetologist. Mr. Syler's hours of operation are currently from 9:00am to 7:00pm. At a Joint Public Hearing held on June 17, 2019, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a spa/salon in an RM -H (Residential Multiple Family Dwelling -Highest Density) District. .FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 30, City. Codes) n TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: T979 . 9t(. .. APPLICANT'S ADDRESS: APPLICANT'S PHONE #: � 46,A) 20 I - - FAX NAME OF OWNER: 1545 FRT' WT(Ef; UAI ADDRESS OF OWNER: ?95 T, P ft J LAN ��OA� j� 1'A U'�"ZW1" � � -5 77706 LOCATION OF PROPERTY: A W5 Dow LeV ROAD ?"A"Nr."I�i�A.S LEGAL DESCRIPTION OF PROPERTY: LOT N0. 3 W (+/Q5S%FFZ W QST T066 066 OR BLOCK NO. ADDITION NUMBER OF ACRES PLA SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, subunit 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: 570, I S ALDO ZONE: 9" IA 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 %z" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN % ACRE.................................................................$250.00 %z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applican standt areas depicted on the site plal a er cc SIGNATURE OF APPLICANT: SIGNATURE OF OWNER: PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER Z >$ r 1 conditions, dimensions, building sizes, landscaping and parking led and approved by City Council. , NOT APPLICANT) DATE: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 DATE RECEIVED: Ll ZS I q Phone - (409) 880-3764 'Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. LIST OF PROPOSED ACTIVITIES FOR BEAUTY DESIGN ONE HEALTH SPA AND SALON 1. SKIN CARE -SKIN PROBLEM CARE AND TREATMENTS( ESTHETICIANS) 2. SKELETAL AND MUSCLE MASSAGING( MASSAGE THERAPISTS) 3. NAIL AND HAIR CARE (TECHNICIAN AND COSMETOLOGY) T k i.(c Are 3 PeOf le, Pec Forts l rjg e se services. , `-�trt ACC 17 PP'(K-lr S Seac, . TV\c.rc is Atj I Foe -r kNce- As A Zup1er Twc- 5V'Ee-1F1 c UISC5 f07- -11 S -$wt" t1) b7 AM ceiYr I-�GLY ComfAT t$t& .A �-)t' 130T W N49% .s 09 1)"kAVIQ6 -0 Aar � i%\""GRT` " v ALUE5 10 ZAk c- V lcW t"ri. �[ }�� '3 a t t_9 t� 6� C N o ff' 4 t�1 � W % " OOT' l 1� J4 W A Y � us* >F " 'Cp& O c*1 A L 03D o CC% -T L -L? -'"VE L6y MDv0'r ©F Tab A PEA . AU. &ccwe$ t-WAt-JA6E61 AND 5%M0r(2T0Jt FApLAMlrs gmu wtLA. tic No orfens :r OURS `DrtisT, G�55oc.? D (ANNA INKS Z u -Sl tAE$'5 5 A e t L"TY. A iJ % l.i L� �-rtt�i67 W VAte k\ 'AI6114T ZF -lAsTM?-W>t0lS7 .Ta IAB 14-htoRtOcn 6 OPEPTP-5• TW,W-ET X A,s -rsuw 11.Es�'�t.t11r`� �A(�3�a (ou5 t,l�t� Asc�4'Pi 1�6T eoM PA's �16L]6- LOITIA AM, 4WACI�rp T Pied .V"r�&s pA o cle W 1TA ��� CmMpft �'A 1;1VP 'Pt.Af . L 77, CONCRETE PAVEMENT 24 x 24 CATCH BASIN WITH TRAFFIC GRATE Mo - --------- fid SITE, GRADING & 'DRAINAGE PLAN Y� t, DO EN ROAD ®X PTO m= Mo - --------- fid SITE, GRADING & 'DRAINAGE PLAN Y� t, DO EN ROAD ile 2381-P: Request for a Specific Use Permit to allow a spa/salon in an RM -H tesidential Multiple Family Dwelling -High Density) District. pplicant: Terry Syler ocation: 2105 Dowlen Road 0 100 200 1 1 1 1 Feet ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SPA/SALON IN AN RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT AT 2105 DOWLEN ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Terry Syler has applied for a specific use permit to allow a spa/salon in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 2105 Dowlen Road, being Lot 3, Winchester West Place Amended, Beaumont, Jefferson County, Texas, containing 0.314 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a spa/salon in an RM -H (Residential Multiple Family Dwelling- Highest Density) District at 2105 Dowlen Road; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a spa/salon 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 spa/salon in an RM -H (Residential Multiple Family Dwelling) District at 2105 Dowlen Road, being Lot 3, Winchester West Place Amended, Beaumont, Jefferson County, Texas, containing 0.314 acres, more or less, as shown on Exhibit "A," is hereby granted to Terry Syler, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of June, 2019. 8 - Mayor Becky Ames - 5 June 25, 2019 Consider a request for a Specific Use Permit to allow a multi -family development in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located on the east side of Major Drive approximately 270 feet south of Northwest Parkway BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 25, 2019 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a multi- family development in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located on the east side of Major Drive approximately 270 feet south of Northwest Parkway. BACKGROUND BAH Beaumont Village, LLC is requesting a Specific Use Permit to allow a multiple -family dwelling complex located at the east side of Major Drive approximately 270 feet south of Northwest Parkway. Mr. Jeremy Mears of BAH would like to construct a new apartment complex. The new complex will consist of eighty (80) apartments on approximately five (5) acres of land. The surrounding zoning consists of mostly RM -H (Residential Multiple -Family Highest Density) with multi -family complexes to the south and west of the subject property. The property was divided without giving the rear property the required right-of-way frontage. In order to consider development of this subject property, Staff requests that this be corrected in the platting process. At a Joint Public Hearing held on June 17, 2019, the Planning Commission recommended 5:1 to approve the request for a Specific Use Permit to allow a multi -family development in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District with the following conditions: 1. Provide a minimum 10' wide utility easement for electrical facilities. 2. Construction plans must meet all requirements by the Planning Division regarding landscaping, screening and sidewalks. 3. An amended Plat with required right-of-way frontage for any portion of the lot to the east of the subject property must be filed before any permits will be issued. FUNDING SOURCE Not applicable. SPECIFIC USE PERIV1IT APPLICATION BEAUMONT, TEXAS (Chapter 30, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME:6 4 A B ,� U C" l ®N1 -T- 1 L,L,Al,,6 APPLICANT'S ADDRESS: &S/7 d-voIS7,01 202 APPLICANT'S PHONE #: 6 G � - S D a I FAX (D) 0 D NAME OF OWNER:AD ' N EA L ty ADDRESS OF OWNER: AVA m m AST TePrc�j 9E- vmor,.q-,- ? LOCATION OF PROPERTY: M143 -op, p12 -I U E - r 9E jM60 , 7X . 7=13 LEGAL DESCRIPTION OF PROPERTY: W 6 DSC 1+65, 0-- I -? 'rP,- I --L- 4 PL -PS -4-5.6(R LOT N0. OR TRACT ?R -U P �� - 1 � -7944- BLOCK ADDITION NUMBER OF ACRES PLAT G76L IZ hTh'(L n Re 1-7-000 - 00 394-0021b -5- SURVEY SSURVEY NUMBER OF ACRES hpn2a, D 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: 1n T M ENT ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %Z" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN Y2 ACRE.................................................................$250.00 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all oftlie conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhgjr to as amended and approved by City Council, SIGNATURE OF APPLICANT: SIGNATURE OF PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: 4 1� " 1 DATE:F NOT 5 �� }— of �'LC�t=7�APPLI3`fT 82rwlssi CITY OF BEAUMONT -Se�Z=- It-7"dq-/L PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 DATE RECEIVED: -L4—« Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE NET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. F r r Brown Stone May 23, 2019 City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, TX. 77701 6.717 Mapleridge HOUSLon. TY. 7708 T. 713.432.7727 P. 713.432.0120 Re: SUP for Beaumont Village- Letter concerning proposed use and eight conditions To Whom It May Concern: We are proposing to build a new multi -family apartment development along Major Drive. This proposed development would be located adjacent to and directly north of an existing apartment development called Eagles Landing which is located at 3980 Major Drive. Our development, Beaumont Village, would involve the construction of 80 -units of one(1), two(2), and three(3) bedroom apartments. The exterior construction would consist of stone, stucco, and hardi siding. All paving would be concrete, and the site would have two playground stations for our resident's children. This development would also consist of a large clubhouse that would have several amenities for our residents and a full-time leasing staff and maintenance man. Brownstone Residential would management this property, and management would be responsible for all landscape maintenance. EIGHT CONDITIONS: 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: a. This 5 -acre tract is currently adjacent to or within % mile of 5 other apartment developments. The quality of our development will be comparable to or exceed the current quality of the other apartment communities in this area. Due to the high quality of the materials we're using, and the improvements to the area infrastructure we feel that the value of all surrounding properties will improve. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property: The Vacant land to our north has access to Northwest Parkway and Major Drive. Our development would not have any impact on the development of this land. The vacant land to our east is owned by Dr. Aziz, and he currently has a 60' ingress/egress easement to Major Drive which is located along our northern boundary. We're currently updating this access easement with Dr. Aziz to give him access to utilities as well. We are currently planning to build a drainage ditch through an easement provided by Dr. Aziz which is along the southern portion of his property. This drainage easement will be built to accommodate our storm water runoff, and any additional storm runoff of the vacant land to our East. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided: a. The site currently has water and sewer available along Major Drive. The property has access to Major Drive and we'll meet all requirements of TxDot. All storm drainage will be provided through an underground storm system as designed by a civil engineer, and storm water discharge will flow through a drainage easement to be provided by the landowner to our east. We will also build a detention pond as designed by our civil engineer and approved by the city of Beaumont. 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. All parking spaces and vehicular traffic will meet all guidelines as required by the City of Beaumont and TxDot. The location of our entrance to the property is shown on our site plan and any changes will be made as required by TxDot. All parking spaces are shown on our site plan and all greenspace islands have been designed as required. ADA parking and access to our 5' wide city sidewalk along Major Drive is shown on our site plan. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration: a. We will have trash dumpsters on the property, but they will be screened with cedar fencing to avoid being seen, and also dumped regularly to avoid any unwanted odors. Since this is a housing develop we do not foresee any abnormal odors, fumes, dust, noise, and vibration. 6. The directional lighting will be provided so as not to disturb or adversely affect neighboring properties: a. All lighting on the exteriors of the building will have light shields to avoid light pollution, and avoid disturbing our surrounding neighbors. 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property: a. We currently only have developed property to our south and we will install a 6' cedar privacy fence to separate our property from theirs, but we also plan to provide a 6' cedar privacy fencing around the entire development. This privacy fence location is shown on our site plan. 8. That the proposed use is in accordance with the Comprehensive Plan: a. The property is currently zoned GC -MD -2. This zoning does allow for multi- family apartments, and our developments proposed use is in accordance with the Comprehensive Plan. If you have any questions, please call me at 210-669-3081. Sincerel Jeremy Mears ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ' ALLOW A MULTIPLE -FAMILY DEVELOPMENT IN A GC -MD -2 . (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF MAJOR DRIVE APPROXIMATELY 270 FEET SOUTH OF NORTHWEST PARKWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, BAH Beaumont Village, LLC has applied for a specific use permit to allow a multiple -family development in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located on the east side of Major Drive approximately 270 feet south of Northwest Parkway, being Plat RS -4, Tract 1, Lot 4, WB Dyches, Abstract 147, Beaumont, Jefferson County, Texas, containing 5.00 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of a specific use permit to allow a multiple -family development in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located on the east side of Major Drive approximately 270 feet south of Northwest Parkway, subject to the following conditions: ; and, • Provide a minimum 10' wide utility easement for electrical facilities • Construction plans must meet all requirements by the Planning Division regarding landscaping, screening and sidewalks • An amended Plat with required right-of-way frontage for any portion of the lot to the east of the subject property must be filed before any permits will be issued WHEREAS, the City Council is of the opinion that the issuance of such specific M use permit to allow a multiple -family development 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 multiple -family development in a GC -MD -2 (General Commercial -Multiple Family -2) District for property located on the east side of Major Drive approximately 2670 feet south of Northwest Parkway, being Plat RS -4, Tract 1, Lot 4, WB Dyches, Abstract 147, Beaumont, Jefferson County, Texas, containing 5.00 acres, more or less, as shown on Exhibit "A," is hereby granted to BAH Beaumont Village, LLC, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Provide a minimum 10' wide utility easement for electrical facilities • Construction plans must meet all requirements by the Planning Division regarding landscaping, screening and sidewalks • An amended Plat with required right-of-way frontage for any portion of the lot to the east of the subject property must be filed before any permits will be issued Section 2. i That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of June, 2019. - Mayor Becky Ames - File 2387-P: Request for a Specific Use Permit to allow an apartment complex in a GC- -2 (General Commercial -Multiple Family Dwelling -2) District. Applicant: BAH Beaumont Village, L.L.C. Location: The east side of Major Drive approximately 270 feet south of Northwest Parkway. 0 100 200 300 400 1 1 1 1 1 .1 Feet EXHIBIT "A" I I I ol I 1 1. 11 I 11 1 la 1 SITE PLANNOTES: e9diXl-1 am' pU-.G[P.K0X99t4� MJN at�aNKtM[RptCiIDNt9 ]Brdapl m[adMwW M f[ BAMR[URBCUf9iL t NRIC ua PNDNtt9P.nKi9 xMYrl OPMn OulO rpuelutewme McNerNeeeo pane u9nevel e,aB] SQ. ri-/2ND U-7.149 m. rt.mrmevn 3.et35M Ra esr4er mu. ]ee n]x �RMn Od[� tL.O� - f Y Gr I-II29P�t9 PlRUNi 1PM.RWO EPQPY.WR[IPMRY RkLWlD91 lT3pR�FI ,p--ew"t�?s ��eil'�� px xpprcwpnousmr r e9 Praurro, .pWpor .I�, evKn.0u9L XI I]'D[]IDx Wr 1PKl9 (I 1LN u1WroJWlrwN]W9133L 0 16u KW[V.9[ClvktpJ 9idR91 -GPa99 MSN 93W9D.IT. -LRl[34 MuYCM�in%MURYr 5 IIx�R�lO?949o.rt./Y,.IIMLID,D>]9p. R./]fe l[V[L a,7ED9D. RJ CNdesama/.w rROrpttpdAnlKt 4M N4MurtxM.P9r dp[rR�IXD9DI9IarT0 tl5NddDxOVMfi[v NRR wMnwmn -xu x ulicnaoei'xlc` rtx[rJrtB. °sionrs J9itJV oevW rcrMR.9ernpNUJnoNesl a rntlreBr [ars .rn,9Xlxcl/nLvn, Beerwr, laa9epeweo DsnrM -DPpSM[N TIC rt, II.etN[LD.W]D.R.IYN I[Vw>,14996 R./JN l[V[L]b1]9D. RJ1Yltl rMroMw Ox�fll WaT.LNlD9W9, Rue6NNpP, 3¢Wu[RRRNIIOIr �SrK[919 R[pNteO �e9e,[K�l,9V SRM .OutRxDJ WMIertM]M1 9idJ[9r 2l]91dJ D[YDH rc[M[RtueialBJ9icnes)-6W0]CMppV[[RNda NpIDNGnIp.WpMV.nldpavt) •!W. aP. r n M. 4o eei rS u�XeaM Mp9rleduLP d 9lp GWrp RIRlDx ip a r.4xD -w�IX4MW Y].PR996 rt. GR�f ILr< Vv41ODID96 rt./YrNlsv[19,i,]96 R.IJrd wvlL;>KSD. rt} 127(.1) Y / 121 .. 117 B �'DS// /�D -E /D L - 36 341E _..,128 126 /. /I24 IA 1112 /I12G / 434436(14) 428 322 �3 x ' 412IHC)424/ A26 418 l) �414/ �' 416 ,� 312Q13 3' 31 E� A� 4/ A%/E 1r C Iy//r� 41it [ : 2 e i 33� i433T/1 31 I C I'%/m YYYVVV...423/ /425 .-I 47 J1ASCRJ,CnH. ITETURAL SITE PLANC84 �I I D, 41 1m o[ m t] R1 ]3 1m1 ,o 1 11 1 r r r r rti 11vWn Sbume w4w.InoDroW p3misDrownm BROWNSTONE ARCHITECTS AND PLANNERS, INC. WIum L BROWN, ARCHITECT 117 MAPLERID05 HOUSTON. TEXAS 77MI 713A32.7737 '..>>F➢ W�j� Pg ] � A N. W ? co O j F- Q x m Z z ; z w O J Q Z tl' z MW W � Z Q .f1ln umumi�l�vi\ I J1ASCRJ,CnH. ITETURAL SITE PLANC84 �I I D, 41 1m o[ m t] R1 ]3 1m1 ,o 1 11 1 r r r r rti 11vWn Sbume w4w.InoDroW p3misDrownm BROWNSTONE ARCHITECTS AND PLANNERS, INC. WIum L BROWN, ARCHITECT 117 MAPLERID05 HOUSTON. TEXAS 77MI 713A32.7737 '..>>F➢ W�j� Pg ] � A N. �orem.[]ss[i: wA PERMIT SITE PLAN Al -0 W ? co O j F- Q x m Z z ; z w O J Q Z Q z MW W � Z Q �orem.[]ss[i: wA PERMIT SITE PLAN Al -0 June 25, 2019 Consider a request to abandon an approximate 970 foot portion of North 7th Street located between Dollinger Road and the Union Pacific Railway, north of Interstate Highway 10 East BlEAUMONT.. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 25, 2019 REQUESTED ACTION: Consider a request to abandon an approximate 970 foot portion of North 7th Street located between Dollinger Road and the Union Pacific Railway, north of Interstate Highway 10 East. BACKGROUND Robert Kober of Knife River Corporation -South, has requested the abandonment of an approximate 970 foot portion of the right-of-way of North 7th Street located between Dollinger Road and the Union Pacific Railway, north of Interstate Highway 10 East. Mr. Kober states that the right-of-way being considered for abandonment has a history of flooding, deferred maintenance, and accidents. Upon approval of this abandonment, Knife Rive Corporation -South intends to modify the right-of-way by grading the site to ensure proper drainage. Mr. Kober says the area will also be secured with fencing and gates. Abandonment of this portion of 7th Street will eliminate public access to a north -south connector from Dollinger Road to Interstate Highway 10 East. At a Regular Meeting held on June 17, 2019, the Planning Commission recommended 6:0 to deny the request to abandon an approximate 970 foot portion of North 7th Street located between Dollinger Road and the Union Pacific Railway, north of Interstate Highway 10 East. FUNDING SOURCE Not applicable. APPLICATION FOR RIGHT-OF-WAY OR UTILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS THIS IS AN APPLICATION TO ABANDON A: (EEED UTILITY EASEMENT (UE) OR ABANDON A RIGHT-OF-WAY BUT RETAIN A UTILITY EASEMENT. NAME OF APPLICANT: YAP -c± &i®oac PHONE: FAX: AUTHORITY OF APPLICANT: a 'pre s 6( e {%i L NAME OF OWNER: in p to d' %ve-rCc imnOciioc, "Sou MOM ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION) DESCRIpP�TION OF ROW OR UE TO BE ABANDONED: e !P *`, sisee, ga)(n +�-4 N or rt'At - �' PRESENT USE OF ROW OR UE (LIST UTILITIES IF ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY:-* Sea A*-VaChp-A LOT NO BLOCK ADDITION OR TRACT PLA SURVEY ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIMENSIONED AND TO ENGINEERING SCALE). ATTACH THE $300.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND TITLE COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE CHARGED. TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. SIGNATURE OF . APPLICANT: DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT c�, , FILE NUMBER: V % `! -- c;b PLANNING DIVISION 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List 1, i,'. •` �1' We, the undersigned, being the sole owners of all the property abutting the proposed abandonment of �0 Vim. Sao EF hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS Lot Block Addition +fie �®YeC C 0030(%- 0�j,}h (tract) (tax plat) (survey) M25 m �%A a ea m—fti- i'k 45 3 A D U� � at® At - 6q OF A34 NOT Please Tint or e your name and then use signature. Separate sheets may be used. C, Jkidj� ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING AN APPROXIMATE 970' RIGHT-OF- WAY LOCATED BETWEEN DOLLINGER ROAD AND THE UNION PACIFIC RAILWAY NORTH OF INTERSTATE HIGHWAY 10 EAST, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Robert Kober, on behalf of Knife River Corporation -South, has requested the abandonment of an approximate 970' right-of-way located between Dolling Road and the Union Pacific Railway north of Interstate Highway 10 East, City of Beaumont, Jefferson County, Texas, being 970 feet of Seventh Street, from the north right-of-way line of the Union Pacific Railroad to the south right-of-way line of Dillinger Road, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the right-of-way is no longer necessary for municipal street purposes and the abandonment of said right-of-way is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT an approximate 970' right-of-way located between Dollinger Road and the Union Pacific Railway north of Interstate Highway 10 East, City of Beaumont, Jefferson County, Texas, as shown on Exhibit "A," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law. 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 25th day of June, 2019. - Mayor Becky Ames - s Request to abandon an approximate 970 foot portion of North 7t'' Street located Dollinger Road and the Union Pacific Railway, north of Interstate Highway 10 0 100 200 300 400 1 1 1 1 1 1 Feet Robert Kober : South of Dollinger Road and north of the Union Pacific Railroad right -off. EXHIBIT "A" June 25, 2019 Consider a request to abandon an approximate 0.001 acre portion of Carabin Street at Ewing Street BEAUM.ONT. TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 25, 2019 REQUESTED ACTION: Consider a request to abandon an approximate 0.001 acre portion of Carabin Street at Ewing Street. BACKGROUND SBLT Investments, Inc. on behalf of Mr. Thomas Abraham, is requesting to abandon a small section of the Carabin Street right-of-way. The 30 foot wide right-of-way runs directly behind the property located at 1315 South Street and was never developed. The building at 1315 South Street crosses over into the unused right-of-way. The property is in the process of being sold, and the lender has required that the encroachment be resolved. At.a Regular Meeting held on June 17, 2019, the Planning Commission recommended 6:0 to approve the request to abandon an approximate 0.001 acre portion of Carabin Street at Ewing Street. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR RIGHT-OF-WAY' OR 1111LIT Y EASEMENT ABANIDON LENT CITY OF 1 EAUMONT,'I'11XAS TWS IS AN APPLICATION TO ABANDON A: RIGHT -DP -\;'AY (RONV). UTILITY DXSL.ME: 11' (UG) OR ABANDON A RIGHT-Or-WtALy BUT RETAIN A UTILITY EASEMENT. NMME OF PAPPLICtAVT: SSLT INVESTMEN S, INCL Mr Thomas Abraham P T0NE:s32-2Z9--M o PAX - AUTHORITY OF APPLICANT: oyv�er NAME OF OWNER; SBLT INVESTMENTS, INC/ Mr Thomas Abraham ADDRESS -14 Havenshoro Lane. S arlanl Tx 77473 _ ALL OWNERS AIRITTINGTH1 ROW OR [JF MUSTSIGN N'RJT'n--N REQLIGST, {PLF-ASF Al-rACII PROPLR.TY r),ArMER'S LIST TO THE APPLICATION) LIESCRIPTION 01" RUMP OR LIE 14'.) 13E ABANDONED. "30'dedicated roadway shown on Calder addition plat dated 7/1/1889" that was never develped by City of Beaumont, (pls see —'r 5X.-P- 075-75h—ed X -P- ata ilea suniey oi-13T55'Sautii'SMj — - _ F i�1�f�lvandg Pl?ESlwlti f' I ISL:OP ROW UK I;1 {T,IS"f IfTELITliiS IF I'RiiSL�dT) nc7r1 _ dama ro L. -p ATTACH A LF'i'1'F'R STATING THE REASONS FOR THE A13ANDO1qA•1 .N -r - LEC AL DCSCRHTION OF PROPERTY: Lur No -1.2,3 13LOCK NO.34 ADDITION Calder OR TRACT PLAT SURVEY ATTACH A MAP OR PLAT DELINEATING THF-T'kII3[J(,- ROW OR UE. TO BE AMANDONED AND 7'1lE LEGAL DESCRIPTION OF:A13].ACINT 1'R()PGRT'Y (61NI WSIONED AND TO ENI GIN1=lFtTNG SCALE), ATTACH THE M0.00APPLICiV11ON FEE, THE A! TIDAL cos'r of NECESSARY AI'P RAISAI-S AND i'n LE COR1P41Tmr.N,I'S. 1F PROPE'R l -VIS ABANDONED, AIIPIZAiSED VAI:L T O[: TI -Ir' FEIi INI'El r. ST IN THE PROPERTY SHALL BE f- RARGLD. TO THE BEST OF MY KNOIVLVDGE. THEA130VE. INFORNIATION.'10 TRUr AND C'G)R.REc-r. 5I{JhTATI IItE OF APPLII:: W. ; , PU AsE TYPE OR PRINT :AND SLI. IMIT TO: CITY $)I. T2 V AI I1,JO'V' ,I ! PLANNING DIVISIO-N FILEwU\1BLIg:,M- C 1 801 MAIN STRE-Er, SIJTI1i 301 BEAUNIONT', T 77701 DATE RECErVE[): J Phuntz - (409)-8,80-3764 Fax - (40'7) ShU-3 13 APPLICATION. FOR PUBLIC RYGUT-OF-WAY. ALLEY CAR UTYi ITY HASE)'1FNT ABAND0.N7cjrN, 'T Applicatiop Ownership List Datc- 5.20-2019. We, the undersigned, being the sole. owneLs oj'njl the property :,baiting the proposed abimclonmcut of "30' dedicated roadway shown on Calder addition plat dated 7/1/1889," that was never developed by City of Beaumont (pis see attached survery Of 1315 South St) , hereby respectfully � y petition that the right-of-way, holey, or utithy casi:ment be closed and abandoned. OWNER.and ADDRESS Lea t3 qsA Addition f5ttr"ley) (traef) (tax plat) SBLT INVESTMENTS, INC/ Mr Thomas Abraham 1,2,3 34 Calder NOTE Please print ur type your name and the, uyc siuiaturc. Stparalc ,fleets m.ts be u4LtJ.. . SBLT Investments, Inc. 14 Haven Shore Lane Sugar Land, TX 77479 May 20, 2019 City of Beaumont Planning and Zoning 801 Main Street Beaumont, TX 77701 RE: Real Property located at 1315 South Street, Beaumont, Texas 77701. (the "Property') To Whom It May Concern, My name is Thornas Abraham and I represent the investment group, SBLT Investments, Inc,, who is the owner of the Property. SBLT Investments, Inc, is in the process of selling the Property to a prospective buyer. However, upon review of the survey of the Property, it was discovered that the Property encroached on a City of Beaumont owned right of way. This letter is to advise you that we will be filing for a right of way abandonment concerning the -Property since the City of Beaumont has not used the land in a number of years. Due to distance, please allow my realtor, Mona Ashrafi of Lone Star Real Estate, or their designee, to represent SBLT Investments, Inc. in relation to the foregoing issue. For your convenience and review, please find a copy of our application attached hereto. If you have any questions or concerns regarding the foregoing, please feel free to contact. me via email at tabraIla mCajtranstaracsupRly.cM or via phone at 832-279-3000. Thank you for your time and attention. Warmest Regards, } Thomas Abraham Manager SBLT Investments, Inc. SUBSCRIBED AND SWORN -TO BEFORE ME, on this 20t" day of May, 2019. �FRANKJOHN FERT'0 Pelota Public, Q-' N 58ate of TexNotary ID A 757052-9 - CommiSs;on Expires lip �u u9T Q�, 2021 NOTARY PU LIC IN AND FOR THE STATE OF TEXAS SET 5/8' IRON ROD 'JAMA LLC' 5 X1.18;4, W � 35• SBLT INVESTMENTS, INC. GENERAL WARRANTY DEED MAY 22, 2014 CF NO. 2014018392 JCOPR POC LOT 1 SEf 5/8" IRON BLOCK 34 ROD "JAMA LLC" CALDER ADDITION VOLUME 2, PAGE 115 JEFFERSON COUNTY I DEED RECORDS x " W 47•g5 x/x/ 5711829 /x/ x/ x x/ -POB / p OIC0 PGPOWSY� DRN AOL. 2, 0.001 OF AN ACRE NOTES: 1. The bearings recited herein are based and/or rotated to the north line of a called 11.4488 acre tract as conveyed to Tideland Specialties, LTD. by a Special Warranty Deed dated December 10, 20020 as being North 71'18'29" East by description filed for record under Clerk's File No. 2002046131 of said Jefferson County Official Public Records. 2. Research for Adjoiner Tracts was performed by JAMA Group, LLC. 3. This survey does not provide any determination concerning wetlands, fault lines, toxic waste or any other environmental issues. Such matters should be directed by the client or prospective purchaser to an expert consultant. 4. This survey has been prepared for the sole purpose of the transaction described in the above referenced Title Commitment and the exclusive use by the parties listed thereon. This survey is not to be used for any subsequent transactions. Liability to third parties may not be transferred or assigned. 5. 5/8" iron rods (with cap stamped "JAMA LLC") have been set at all comer unless otherwise noted. J08 N0. 1142-010 Subject to the General Notes shown hereon: We, JAMA Group, LLC acting by and through Michael Kethan, a Registered Professional Land Surveyor, hereby certify that this drawing shown hereon is a true and correct representation of a 0.001 acre tract made on the ground, under my supervision, being situated in Noah Tevis League, A-52 of Jefferson County, Texas. The word 'certify' as used above is understood to be an expression of professional judgement by the surveyor, which is based on his best knowledge, information, and belief. As such, it constitutes neither a guarantee nor a warranty, express or implied. Surveyed: May 23, 2019 ��•�� F r MICHAEL KEfHAN b Michael Kethan Registered Professional X94 Q� Land Surveyor No. 5709 -S86.00'17_E FN D 3/4' _?4.s7' IRON ROD TIDELAND SPECIALTIES, LTD. CALLED 11.4488 ACRES SPECIAL WARRANTY DEED DECEMBER 10, 2002 CF N0, 2002046131 JCOPR LINE BEARING DISTANCE Lt S 05'48'41" E 4.16' L2 S 88'51'35" W 13.44' L3 N 71'18'29" E 13.75' STANDARD LAND SURVEY OF 0.001 OF AN ACRE OUT OF N. TEVIS LEAGUE ABSTRACT N0. 52 JEFFERSON COUNTY, TEXAS MAY 23, 2019 h%N JAMA ILVL%.Jp GROUP LLC 2915 Toccoa Road Beaumont, Texas 77703 Office (409) 899-5050 TBPLS Firm #10130400 I` a� JAMA 14wt�*. iF 0.001 of an Acre — 28 square feet Surveyor's Field Note.Description 0.001 of an Acre N. Tevis League, Abstract No. 52 Jefferson County, Texas May 22, 2019 Being a 0.001 of an acre tract of land as situated in the N. Tevis League, Abstract No. 52 of Jefferson County, . Texas and being out of and a part of a 30 -foot wide dedicated roadway as shown on the plat of Calder Addition and filed for record under Volume 2, Page 115 of the Jefferson County Deed Records. Said 0.001 of an acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 -inch iron rod set (with cap stamped "JAMA LLA") at the intersection of the west right- of-way of Ewing Street and the north line of said 30 -foot dedicated roadway for the southeast corner of Lot 1, Block 34 of said Calder Addition and the southeast corner of a tract of land as conveyed to SBLT Investments, Inc. by a General Warranty Deed dated May 22, 2014 and filed for record under Clerk's File No. 2014018392 of the Jefferson County Official Public Records; THENCE, South 71018'29" West a distance of 47.95 feet, along the northwest line of said 30 -foot wide dedicated roadway, the southeast line of Lot 1, Block 34 of said Calder Addition, and the southeast line of said SBLT Investments, Inc. tract, to a 5/8 -inch iron rod set (with cap stamped "JAMA LLC") for the northeast corner and PLACE OF BEGINNING of the herein described tract; THENCE, South 05048'41" East, a distance of 4.16.feet, over and across said 30 -foot wide dedicated roadway, to a 5/8 -inch iron rod set (with cap stamped "JAMA LLC") for the southeast corner of the herein described tract; THENCE; South 88051'35" West, a distance of 13.44 feet, over and across said 30 -foot wide dedicated roadway, to a 5/8 -inch iron rod set (with cap stamped "JAMA LLC") for the west corner of the herein described tract, same being located in the northwest line of said 30 -foot wide dedicated roadway, the southeast line of Lot 2, Block 34 of said Calder Addition, and the southeast line of said SBLT Investments, Inc. tract; THENCE, North 71018'29" East, a distance of 13.75 feet, along the northwest line of said 30 -foot wide dedicated roadway, the southeast line of Lot 2, Block 34 of said Calder Addition, and the southeast line of said SBLT Investments, Inc. tract, to the PLACE OF BEGINNING, CONTAINING 0.001 of an acre of land in Jefferson County, Texas. The bearings recited herein are based and/or rotated to the north line of a called 11.4488 acre tract as conveyed to Tideland Specialties, LTD. by a Special Warranty Deed dated December 10, 20020 as being North 71 °18'29" East by description filed for record under Clerk's File No. 2002046131 of said Jefferson County Official Public Records. Surveyed. May 22, 2019 TBPLS Firm #10130400 .�� OF r MICHAiI*i KETiHAN Imo4M Set Page 1 of 1 ZAProjects\1142 - Jared Bishop\010 - 1315 South Street\1142-010_M&B_0.001 acres.doc 2915 Toccoa Road Beaumont, TX 77703 office 409.899.5050 fax 409.899.5058 ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING AN APPROXIMATE 0.001 ACRE RIGHT- OF-WAY LOCATED AT CARABIN STREET AND EWING STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, SBLT Investments, Inc., on behalf of Thomas Abraham, has requested the abandonment of an approximate 0.001 acre right-of-way located at Carabin Street and Ewing Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the right-of-way is no longer necessary for municipal street purposes and the abandonment of said right-of-way is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT an approximate 0.001 acre right-of-way located at Carabin Street and Ewing Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as, provided by law. 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 25th day of June, 2019. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 0.001 of an acre tract of land as situated in the N. Tevis League, Abstract No. 52 of Jefferson County, Texas and being out of and a part of a 30 -foot wide dedicated roadway as shown on the plat of Calder Addition and filed for record under Volume 2, Page 115 of the Jefferson County Deed Records. Said 0.001 of an acre tract being more particularly described by metes and bounds as follows: CONEgENCING at a 5/8 -inch iron rod set (with cap stamped "JAMA LLA") at the intersection of the west right-of-way of Ewing Street and the north line of said 30 -foot dedicated roadway for the southeast corner of Lot 1, Block 34 of said Calder Addition and the southeast corner of a tract of land as conveyed to SBLT Investments, Inc. by a General Warranty Deed dated May 22, 2014 and filed for record under Clerk's File No. 2014018392 of the Jefferson County Oficial Public Records; THENCE, South 71018'29" West a distance of 47.95 feet, along the northwest line of said 30 -foot wide dedicated roadway, the southeast line of Lot 1, Block 34 of said Calder Addition, and the southeast line of said SBLT Investments, Inc. tract, to a 5/8 -inch iron rod set (with cap stamped "JAMA LLC") for the northeast corner and PLACE OF BEGINNING of the herein described tract; THENCE, South 05°48'41" East, a distance of 4.16 feet, over and across said 30 -foot wide dedicated roadway, to a 5/8 -inch iron rod set (with cap stamped "JAMA LLC") for the southeast corner of the herein described tract; THENCE, South 88°51'35" West, a distance of 13.44 feet, over and across said 30 -foot wide dedicated roadway, to a 5/8 -inch iron rod set (with cap stamped "JAMA LLC") for the west corner of the herein described tract, same being located in the northwest line of said 30 -foot wide dedicated roadway, the southeast line of Lot 2, Block 34 of said Calder Addition, and the southeast line of said SBLT Investments, Inc. tract; THENCE, North 71°18'29" East, a distance of 13.75 feet, along the northwest line of said 30 -foot wide dedicated roadway, the southeast line of Lot 2, Block 34 of said Calder Addition, and the southeast line of said SBLT Investments, Inc. tract, to the PLACE OF BEGINNING, CONTAINING 0.001 of an acre of land in Jefferson County, Texas. The bearings recited herein are based and/or rotated to the north line of a called 11.4488 acre tract as conveyed to Tideland Specialties, LTD. by a Special Warranty Deed dated December 10, 20020 as being North 71'18'29 " East by description filed for record under Clerk's File No. 2002046131 of said Jefferson County Oficial Public Records. EXHIBIT "A" 96 -OB: Request to abandon an approximate 0.001 Acre portion of Carabin Street at .wing Street. Applicant: SBLT Investments, Inc. Location: South of 1315 South Street 0 50 100 I i I Feet EXHIBIT "B" June 25, 2019 Consider a resolution authorizing the City Manager to apply for and receive funding up to $9,861,717 from the Texas Community Development Block Grant Disaster Recovery Program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 25, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding up to $9,861,717 from the Texas Community Development Block Grant Disaster Recovery Program. BACKGROUND Community Development Block Grant (CDBG) Disaster Recovery Program funding has been awarded by the Department of Housing and Urban Development (HUD) to disaster impacted counties from Hurricane Harvey for both infrastructure and individual assistance. The allocation for Texas is administered by Texas General Land Office (GLO) in partnership with the Council of Government regions. $9,861,717 was earmarked for the City of Beaumont for infrastructure improvement projects. Two workshops have been provided to Council addressing the Water System Improvement Plan which identified the high priority need for additional water supply intake for water production needs. This urgent requirement resulted from a flow reduction through the Lawson transmission waterline and the catastrophic damage to the Loeb pump station facility during Hurricane Harvey. As noted in the Council workshops, the proposed project is to construct a 42 -inch waterline within the Pine Street right-of-way beginning at the Lawson pump station and ending at the Pine Street Water Treatment Plant. This grant application would request the full $9,861,717 earmark be applied toward the anticipated total project cost of $12,757,800.00. There is no match requirement for CDBG funding. FUNDING SOURCE The City of Beaumont is currently exploring options including but not exclusive to bonds and low interest loans from the Texas Water Development Board for the balance ($2,896,083) for the project. 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 apply for and receive funding from the Texas General Land Office for the Texas Community Development Block Grant Disaster Recovery Program in an amount up to $9,861,717.00 for infrastructure improvement projects relating to damages from Hurricane/TS Harvey; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to apply for and accept funding from the Texas General Land Office for the Texas Community Development Block Grant Disaster Recovery Program in an amount up $9,861,717. 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 25th day of June, 2019. - Mayor Becky Ames - 0 June 25, 2019 Consider authorizing the City Manager to enter into an agreement with AmeriCommerce, LLC/Ed Sturrock for economic development incentives under the Neighborhood Empowerment Zone Program BEAUMONT TEXAS TO: City.Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 25, 2019 REQUESTED ACTION: Council consider authorizing the City Manager to enter into an agreement with AmeriCommerce, LLC / Ed Sturrock for economic development incentives under the Neighborhood Empowerment Zone Program. BACKGROUND The City has a Downtown Empowerment Zone to encourage redevelopment in Downtown Beaumont. The zone allows for economic incentives to attract new businesses and residences as well as encourage the expansion of existing businesses. Specifically, the NEZ Program offers the following economic development .incentives. 1) A possible three (3) year, 100% municipal tax abatement for all added value for , investments greater than $50,000 for residential uses and $75,000 for all other uses and a possible, additional four (4) year, 100% abatement for projects in excess of $5 Million. 2) Building fee waivers (not including tap and meter fees). 3) Expedited permit review. 4) Lien waivers for any lien claimed by the City for demolition or high grass abatement expenditures. AmeriCommerce, LLC /Ed Sturrock is seeking the benefits from the Empowerment Zone incentives in order to redevelop the building at 268 Pearl Street to house a Technology and Software Development and Digital Marketing company. Their plan includes an investment to fully restore this historic building that will provide office space for twenty-one (21) full-time jobs with a payroll in excess of $1.5 Million. As such, under the Empowerment Zone Guidelines, if approved, this proposed project would be eligible for a three (3) year abatement of city property taxes, building fee waivers, expedited permit review, as well as lien waivers. The applicant also plans to construct a parking lot on vacant property at 296 Pearl. Currently, there is a demolition lien attached to 296 Pearl. The demolition cost was $158,057. Interest has now accrued over the last eleven (11) years in the amount of $174,035. The lien now totals $332,092 and currently serves as an impediment to redevelopment of the property. Approval of a lien waiver through this program would allow the property to return to a usable piece of land with an anticipated improved taxable value. Attached is the application, detailing their proposed redevelopment of the site. The Administration believes that this project would meet the goals of the Empowerment Zone Program of redeveloping Downtown Beaumont. FUNDING SOURCE Revenues from waived fees, abated ad -valorem taxes and a demolition lien would be forgone, but the long-term economic impact associated with new development should positively affect future budgets. RECOMMENDATION Approval of the resolution. RICH WITH WIITH orronzaurrT T • E • X • A • s CITY OF BEAUMONT APPLICATION FOR NEIGHBORHOOD EMPOWERMENT ZONE DEVELOPMENT INCENTIVES The purpose of this application is to present to the City of Beaumont a reasonably comprehensive outline of the project for which the incentives are requested. Please review the Neighborhood Empowerment Zone guidelines carefully before completing this application. If additional space is needed, separate sheets may be attached. Types of incentives that you are seeking: Building Fee Waivers Expedited Permit Review )� Lien Waivers Tax Abatement DESCRIPTION OF PROJECT 1. Legal name and address of applicant: AmeriCommerce, LLC / Ed Sturrock 350 Pine Street, Suite 1650, Beaumont, TX 77701 2. Type of organization (Corporation, Ltd. Partnership, etc.): Limited Liability Company (LLC) 3. Date organization formed: 07/2017 4. Address and telephone number of headquarters location: 1-800-936-9006 350 Pine Street, Suite 1650, Beaumont, TX 77701 5. State(s) in which business is registered: Texas 6. Other locations of this business (names of cities): n/a 7. Is business current with all taxes? Yes 8. Name, address, and telephone number of principal officers: Ed Sturrock, 409-656-1016 6380 Ellington Lane, Beaumont, TX 77706 9. Name, address & phone number of designated contact person: Ed Sturrock, 409-656-1016 6380 Ellington Lane, Beaumont, TX 77706 10. Type of business to be conducted and goods or services to be produced or provided: Unique technology company that builds an Ecommerce Software Platform, see www.amencommerce.com 11. Location of project (street address): 268 Pearl Street, Beaumont, TX 77701 (Downtown) 12. Legal (lot, block & subdivision) description.of the project (Attach plat of property): See Survey/ Attached 13. Identify and describe the kind, number and location of all improvements to the physical property and discuss the development schedule of the proposed improvements. The plan is to restore the original beauty of the 1890's building by leaving exposed brick and mixing modem design elements. We will be adding a new exposed beam support system to support the second story/roof, new flooring, glass offices, mezzanine floor inside and bringing it up to code on plumbing, ac, utilities, etc. This all is scheduled to be completed by October 2019, hopefully much sooner. 14. What infrastructure construction will be required to serve the proposed project? What is the estimated cost of this construction? City Infrastructure seems to be well suited to just plugging in and proceeding at this point. 15. Estimated construction commencement date: May 20th, 2019 16. Estimated construction completion date: October 1 st, 2019 17. Estimated date for project to be operational: October 31st, 2019 18. City liens requested to be released: None that I am aware of EMPLOYMENT IMPACT (fox Non-residential Projects) 19. What is the estimated number of permanent full-time new jobs that will be created? 21 20. What percentage of employees do you anticipate will be residents living in: (a) the Neighborhood Empowerment Zone 1 (b) City of Beaumont 12 (c) Jefferson County 8 (d) Outside Jefferson County 1 21. How many new, temporary and part-time jobs will be created in Beaumont? 21 22. What types of jobs will be created? Technology and Software Development, Digital Marketing, UI Design 23. What will be the total project annual payroll of the newly created jobs? $1.5M 24. Will specialized training be required? If so, what type? Yes, computer science and technical FISCAL IMPACT 25. Is there an anticipated cost to the City of Beaumont for providing municipal services to the proposed project? Unknown, but unlikely COMMUNITY IMPACT 28. Do you anticipate the proposed project having a substantial impact on the local residential, commercial or retail market? Absolutely, AmeriCommerce is a hidden gem for our area and this project makes it more well known 29. Will rezoning and platting/replatting be required? No 2 It is understood that the information provided herein is based on estimates and projections, but that such estimates and projections have been fully investigated and are made in good faith as to their accuracy. It is further understood that any information provided herein that is actual and not estimated is represented to be true and correct. Any information herein, which is misrepresented as true and correct or for which there is no good faith basis, may result in the denial of consideration for or termination of incentive agreement. Signature May 16, 2019 Date 3 If you have any questions about this application please call the Community Development Department at (409) 880-3762. CITY OF BEAUMONT STAFF RECOMMENDATIONS) AND/OR COMMENT(S): (To be completed by City of Beaumont Staff Only) 2. Recommendation: Approve Disapprove Comments: S Todd Simoneaux From: Ed Sturrock <ed@americommerce.com> Sent: Friday, June 21, 2019 12:07 PM To: Todd Simoneaux Cc: Chris Boone Subject: 268 Pearl Street NEZ Application Attachments: Pearl Street Project.pdf Todd, thanks for reaching out this morning. Please see the attached plans, this should really help show what we're intending much more visually! Below is your requested information, let me know if you have any questions at all! • Estimated Project Costs o We currently have had bids from $375k to $1.1M o The outcome of the NEZ will help us determine final budgets • Parking Lot Improvements o We have estimates between 10k and 30k to improve the parking area o We intend to put a back patio, lounge/eating area and possibly a rec area on this property to further enhance the primary 268 Property ■ Budget for this will be between 10k -50k o We also would like to invite some food trucks to park there for free if they are interested and may provide additional power hookups to encourage it Ed Sturrock I CEO ed@americommerce.com Office: 1-800-936-9006 This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. 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U EGUG RANO/ m zr� IRN90ILIIN9 JNn/oa AND m rmJ2>2r Ne7NGRM. tma txsORAxee Go - Toe wdmatgnad does busby andl4 Umt Wz emn> wee D,Is dq 4/17/2019 meds o0 the gio m me Mpe[L1 IeZ Gy -di bvaov Iv eeeezdsnm u1W We mlvims® ztmdezds O1 pre - pmmutaaHd b> Lha Tinea Hoard 01 Prolvdeml Ind 9mm21D2. 3w..m,.> 1. seroma :m Oda emb,eDueD aat> eaa 1, not Hammama e0 eaalMDnet Imfstatl®z ar mh.aftDeat e.aere. FEMA Flood Zone: X ,r C-odty Penal NO.: 485457-0020-C RANDALL ALVEY CREEL REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6878 Pea8/6/2002 l Date: -_ SET NAG SPIKE Line Table UNE 0 BEARING DISTANCE L7 S 48V745• W 5.00' L2 N 4358'15 W 5.00' 0.0712 ACRE OF LANG PART OF FRACTIONAL BLOCK 72 19-0332 1 - 26• BEAUMONT TOWNSITE, VOL 1, PG. 84 MAP RECORDS, JEFFERSON COUNTY, TEXAS 5 6 2019 AMERICOMMERCE HOLDINGS, LLC MMG RAC 268 PEARL STREET BEAUMONT, TEXAS 77701 RAC _ A 0 -- a 3732 Dd- W. PDAArL6,J-7`Z642 4"409 �-� I�••j.�A(. 9 983 2054 983.2054 .(V`7• SURVEYORS & INGINITM Fme409,983.2005 so4texmrveyor;mm TJiPL NN FS>ds • TxIS NW POtxx66 'HICH WYTH OPPOnT"'ITT RAMON"( T • E •'X • A, • S City of Beaumont Neighborhood Empowerment Zone Incentive Policy Program Goals: It is the City of Beaumont's goal to promote development within its Neighborhood Empowerment Zones in an effort to improve the local economy and enhance the quality of life for its citizens. Insofar as these goals are served by enhancing the value of the local tax base and increasing economic opportunities, the City of Beaumont will give consideration to providing the following incentives for development within Neighborhood Empowerment Zones. Definitions: A. Abatement: full or partial exemption for ad valorem taxes of eligible properties in a reinvestment zone designated as such for economic development purposes. B. Agreement: a contractual agreement between a property owner and a taxing jurisdiction for the purpose of a tax abatement. C. Base Year Value: the assessed value of either the applicant's real property and improvements located in a designated reinvestment zone on January 1 of the year prior to the execution of the agreement plus the agreed upon value of any property improvements made after January 1 of that year but before the execution of the agreement, and/or the assessed value of any tangible personal property located on the owner's real property on January 1 of the year prior to the abatement period covered by the agreement. D. Facility: property improvements completed or in the process of construction which together comprise an integral whole. E. Incremental Value: the amount of assessed value of the project that is in addition to the Base Year Value of applicant's real property at their prior location. F. Neighborhood Empowerment Zone: is an area designated as such for the purpose of providing economic incentives, including a tax abatement, as authorized by the City, of Beaumont in accordance with Texas Local Government Code Annotated Section 378 as amended. G. Real Property: area of land defined by legal description as being owned by the person applying for a tax abatement, including any improvements thereto, which is to be improved and valued for property tax purposes, and which is to be included in the Neighborhood Empowerment Zone. H. Substantial Investment: a project deemed as an eligible facility under this policy, that exceeds $5,000,000 in capital investment. Program Policy: It is the policy of the City of Beaumont that consideration will be provided in accordance with the guidelines, criteria and procedures outlined in this document. This policy applies to the owners of real property. Project consideration will include the potential impact of the reinvestment project on the immediate and surrounding area. A. Authorized Facility : Neighborhood Empowerment Zone Incentives may be granted within a Neighborhood Empowerment Zone for new construction or renovation of single- family uses for investments of $50,000 or greater and may be granted for all other uses for investment of $75,000 or greater. B. Eligible Property: Neighborhood Empowerment Zone Incentives may be granted for new construction or renovation of owner -occupied single-family homes, office, retail, hotel and meeting facilities, restaurant and multi -family residential facilities within a Neighborhood Empowerment Zone, designated by the City Council of the City of Beaumont, Texas. C. No incentives shall be granted for development resulting fVom the relocation of an eligible facility from one area of the city to within the Neighborhood Empowerment Zone, excepting projects considered "Substantial Investments," as defined herein. Procedural Guidelines: Any person, partnership, organization, corporation or other entity desiring that the City of Beaumont consider providing Neighborhood Empowerment Zone incentives shall be required to comply with the following procedural guidelines. No representations made herein considered binding unless and until approved by the City of Beaumont City Council. Preliminary Application: Applicants shall submit a completed "Application for Neighborhood Empowerment Zone Development Incentives" form for consideration of incentives to the Community Development Department of the City of Beaumont, 801 Main Street, Beaumont, Texas 77701. 2 Consideration of the Application: A. The City Manager will consider requests for incentives in accordance with these policies, pursuant to Chapter 378 of the Texas Local Government Code. Additional information may be requested as needed. B. The City Council may enter into an agreement that outlines the terms and conditions between the City and the applicant, and governs the provision of the incentives. Inspection of the Project: During the term of such agreement, the City of Beaurnont will have the right to inspect the project facility during regular business hours to ensure compliance with the agreement and accuracy of the owner certification. Recapture: If a project is not completed as specified, or if the terms of the incentive agreement are not met, the City has the right to cancel or amend the incentive agreement and all previously waived fees and abated taxes shall become due to the City and liens may be reattached. Effect of Sale, assignment or lease of property: No incentive rights may be sold or assigned without the approval of the City Council. Any sale, assignment or lease of the property may result in execution of the recapture provision, as outlined above. Types of Incentives Available: Building Fee Waivers The Building Construction Fee Waiver Program affords property owners 'an exemption from planning and building fees associated with new construction or renovation and occupancy of eligible facilities within the target area. Expedited Permit Reviews: In order to facilitate redevelopment within the Neighborhood Empowerment Zones, the Community Development Department is committed to assisting applicants through the planning and permit review process as quickly as possible. Lien Waivers In order to render properties with Neighborhood Empowerment Zones more marketable, the Lien Waiver Program affords property owners a release of liens attached to properties as the result of demolitions or expenditures associated with cutting high grass. Release of such liens would only be allowed in conjunction with new construction or renovation of eligible facilities within the target area. Construction Tax Abatement The Construction Tax. Abatement Program is an economic development tool designed to provide incentives for the new constructionor renovation of single-family homes, office, retail, restaurant and multi -family residential facilities within a Neighborhood Empowerment Zone. The Construction Tax Abatement Program is intended to contribute to area development by attracting additional capital and human investment to the area as well as additional residents to support economic development activities within the area. Value of Abatements: authorized facilities may be granted a municipal tax abatement on all or a portion of the increased taxable value .of eligible property over the base year value for a period not to exceed three (3) years, except as outlined below. Tax Abatement Program Guidelines: The eligibility requirements, are as follows: Investment Municipal Tax Abatement Schedule $50,000 & up for residential uses and 100%, or 100% of the incremental value for Substantial [i�Year $75,000 & up for all other uses Investments relocating within the City. `$50,000 & up for residential uses and 100%. or 100% of the incremental value for Substantial 2nd Year ($75,000 & up for all other uses Investments relocating within the City_ $50,000 & up for residential uses and 100%'. or 100% of the incremental value for Substantial rd 3 Year $75,000 & up for all other uses Investments relocating within the City. 1$5,000,000 or more for any eligible _ _ 100% for new investments and the incremental value for th 14 Year fuseSubstantial Investments relocating within the City. or more for any eligible 100% for new investments and the incremental value for to f$5,000,000 use Substantial Investments relocating within the City. 5 Year $5,000,000 or more for any eligible � 100% for new investments and the incremental value for to 6 Year use Substantial Investments relocating within the City. $5,000,000 or more for any eligible F1 00% for new investments and the incremental value for r 7th Year use I Substantial Investments relocating within the City. 1 M Abatement Program Considerations: A. The final valuation determined by the Jefferson County Appraisal District will be used to determine the actual yearly tax abatement exemption. B. The tax abatement shall be granted only to the owner of the property. C. No tax abatement exemption shall be effective until the applicant has met all of the eligibility requirements contained in the guidelines and policies, state law, and City of Beaumont codes. D. There shall be no retroactive tax abatement exemptions — all tax abatement exemptions become effective only on or after the date the City Council approves the tax abatement agreement. E. The applicant shall agree to hold the City of Beaumont, its agents, employees and public officials harmless and pay all attorneys' fees that are generated by any dispute regarding the tax abatement agreement. F. Personal and or real property identified before the period covered by the abatement agreement will not be eligible for abatement. 5 DEMOLITION LIEN THEODORE S. JOHNS, SR. AND LEWIS J. HODGE PL -E TR1 & 38 N TEVIS .149 (.0086 AC IN WALKWAY ESMT)= .158 (296 PEARL ST.) JCAD #272500-000-000100-00000-8 Assessment Interest Total Lien Filed 04/15/2008 158,057.00 174,035.91 $ 332,092.91 Int thru 06/14/2019 # of days 4,019 Per diem 43.303 Lien assessment fee $ 50.00 For a total of $ 332,142.91 DM 04152008 - Laserfiche WebLink LaseFfiche WeWaUnk Home Browse Search DM 04152008 Metadata; Thumbnails Annotations' A EntryProperties Last modified 8/23/2013 6:58:47 PM Creation date 8/20/2013 4:33:21 AM A Metadata Fields ' Page 1 of 1 My WebLink I Help I About I Sign Out 2112 Go PDF View plain text 8.51 inx 14ln I�I�IIi�II�JiI���Ll�l�LN tiPG ( 2009000908 JCAD 272500-000-000100-00000-8 LF 12/5/2008 THE STATE OF TEXAS COUNTY OF JEFFERSON DEMOLITION LIEN Template: Liens In accordance with Texas Local Government Code § 214.0015, and for the Street Name of perfecting and fixing a lien upon the hereinafter described property for the City of 296 PEARL j purpose JCAD# Beaumont, a municipal corporation of Jefferson County, Texas: 272500-000-000100-00000-8 V Christopher Boone of the City of Beaumonf„ Affiant, makes oath and says: Subdivision_- _ .r...._.... (1) That the City of Beaumont caused to be demolished the structures, buildings, and fixtures that were to be found upon the following described parcel of land situated In Beaumont, Jefferson County, Texas, Io -wit: PL -E TR 1 & 38 N TEVIS 149 (0086AC IN WALKWAY ESMT)=.158y� p /y� - (//� _ _ oC ! 6 r jz 4 (2) That such work was completed on _ 4/15/08 Document management portal powered by Laserfiche (3) That the sum of $ 158 057.00 was expended by the City of Beaumont to WebLlnk 9,L 199&2015 Laserfiche. All rights reserved. have such work done; (4) That Affiant is informed and believes that the above described property is owned by Theodore S Johns Sr. & Lewis J. Hodge; (5) That the above described amount expended has not been repaid to the City of Beaumont prior to the date of this statement; (6) Pursuant to Texas Local Government Code § 214.0015(f), such amount bears then (10) percent interest from the date of assessment, i.e. the date that the demolition work was completed, plus court costs expended. AFFIANT - Christopher Boone THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared CHRISTOPHER BOONE of the City of Beaumont, Texas, known to me to be the person whose name is subscribed to the foregoing Instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, thls�"'lay of , 2008. . 4=�&6VX- .1 NOTARY PUBLIC IN AND FOR F_� DfNESUWVANJEFFERSON COUNTY. TEXAS. My cr.1l_. nF.sPi"Juno 29,2012 http://pdimageapp-servibeaumont/0/doe/2706402/Pagel .aspx 6/14/2019 WORK SESSION * Review and discuss the guidelines for speakers and others in meetings of the Beaumont City Council and Commission meetings GUIDELINES FOR SPEAKERS AND OTHERS IN MEETINGS OF BEAUMONT CITY COUNCIL AND COMMISSION MEETINGS The purpose of the public comment period at the end of the Council business agenda is to allow persons to address the City Council on matters related to the business of the City. Such comments should be made in a spirit of civility and common courtesy. To that end, the Council has adopted these guidelines for such comments. The guidelines will be enforced by the person chairing the meeting. 1. ' Speakers may speak for a maximum of three minutes at the podium. We ask thatspeakers should referto council members and employees bytheirtitle, e.g., Mr. or Mrs. and last name or by their title alone, e.g., City Manager or City Attorney. 2. Speakers shall not refer to local businesses or people by name. Reference to City departments and individuals must be generic. 3. Clearly political speeches which advocate or support candidates or parties are not appropriate. 4. Speakers and spectators shall not obstruct the view of another or in any other manner disturb or interfere with the orderly conduct of the meeting. Such actions may be a violation of Penal Code §42.05 which makes disruption of a lawful meeting a Class B misdemeanor. No person within the City Council Chambers shall speak or act in a loud and raucous manner which has the effect of disrupting the meeting. 5. Any police officer or other person assigned to provide security for the Council meeting shall advise any person who fails to comply with these guidelines of his or her noncompliance. Any person who, after having been advised of his or her noncompliance, continues to violate these rules may be escorted by the security personnel from the Council chambers. A person who has been escorted from the Council meeting for rules violations may lose the privilege of speaking.at future City Council meetings for some period of time. 6. In accordance with the Open Meeting Laws of the State of Texas, the Council is prohibited from responding to speakers on unposted matters beyond providing specific, factual information or an explanation of current policy. Any discussion among the Council members concerning the public comments is limited to a proposal to place the item on a future agenda. Adopted by Resolution 04-129 (June 8, 2004) WELCOME... It is a pleasure to welcome you to a meeting of the Beaumont City Council. Councilmembers and appointed officials are seated in the following order: Becky Ames Mayor Randy Feldschau Councilmember-at-large Mike Getz Councilmember, Ward 2 Taylor S. Neild, Sr. Councilmember, Ward 1 Kyle Hayes City Manager W. L. Pate, Jr. Councilmember-at-large Audwin M. Samuel Councilmember, Ward 3 Robin Mouton Mayor Pro Tem Councilmember, Ward 4 Tyrone E. Cooper City Attorney Council Meetings. Regular meetings of Council are held on Tuesdays at 1:30 p.m. in City Hall, consisting usually of a formal meeting for the transaction of business and a Work Session for discussion of projects and programs and review of matters to come before Council at future meetings. In addition to the regular meetings, Council conducts public hearings on zoning changes, grant applications and other special subjects, and holds special meetings as necessary in the conduct of City business. Today's Session. Several items of business will be considered by Council at today's regular meeting. These are listed on an Agenda, a copy of which is attached for your information. All items on the Agenda are reviewed by Council in report form prior to the meeting, and major items may emanate from Work Session discussions at which Council receives oral reports from consultants and the professional staff. The Consent Agenda, listed as the first item of discussion, includes the minutes of the last meeting and routine items, such as small purchases. The Opening. Each meeting opens with a prayer by the Minister of a local church. A different Minister is invited to open the meeting each week from a list that includes all the City's churches. The prayer is followed by the Pledge of Allegiance and reading of Proclamations, designated observances and honoring individuals and organizations for special achievements. Following the reading of Proclamations, citizens are invited to address Council relative to items, other than Planning and Zoning items, that are listed on today's agenda. This time is limited to three minutes. Citizen Input. At the conclusion of the regular order of business, the Mayor will ask if any of the visitors present wish to address Council. If you desire to speak, please go to the microphone at the lectern in the center of the room and state your name and address for the record. All comments should pertain to City business. Beaumont's Form of Government. Beaumont has a Council/Manager form of government, with Council as the legislative, policy-making body and a Council -appointed City Manager as the Chief Executive. The Mayor is the official head of the City government. The Mayor and two Councilmembers are elected by the voters at large; the other four Councilmembers are elected by voters residing in their respective wards. The Mayor Pro Tem is elected by the other Councilmembers to preside in the absence of the Mayor. Council actions take the form of ordinances, with the force of law; and resolutions and motions, which establish policies and give directives to the professional staff. The City Manager implements policies formulated by Council and directs the day-to-day activities of the City. .a City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: June 8, 2004 AGENDA MEMO DATE: June 2, 2004 REQUESTED ACTION: Council consider a resolution adopting "Guidelines for Speakers and Others in Meetings of Beaumont City Council and Commission Meetings. " RECOMMENDATION If the Council desires, they can adopt a resolution adopting some guidelines for speakers, thus formalizing the guidelines. BACKGROUND It is believed that some uniform set of guidelines should be disseminated to those who desire to address the City Council and other commission members on matters associated with City activities. To that end, proposed guidelines have been discussed at the last two (2) Council meetings. The guidelines provided with this agenda memorandum may be amended in any way the Council desires prior to their adoption. - BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. ' RECOMMENDED BY: The Administration. RESOLUTION NO. 04-129 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council of the City of Beaumont hereby adopts the "Guidelines for Speakers and Others in Meetings of Beaumont City Council and Commission Meetings"as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. 2004. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, M F ayor Evel n M. Lord - GUIDELINES FOR SPEAKERS AND OTHERS IN MEETINGS OF BEAUMONT CITY COUNCIL AND COMMISSION MEETINGS The purpose of the public comment period at the end of the Council business agenda is to allow persons to address the City Council on matters related to the business of the City. Such comments should be made in a spirit of civility and common courtesy. To that end, the Council has adopted these guidelines for such comments. The guidelines will be enforced by the person chairing the meeting. 1. Speakers may speak for a maximum of three minutes at the podium. We ask that speakers should refer to council members and employees bytheirtitle, e.g., Mr. or Mrs. and last name or by their title alone, e.g., City Manager or City Attorney. 2. Speakers shall not refer to local businesses or people by name. Reference to City departments and individuals must be generic. 3. Clearly political speeches which advocate or support candidates or parties are not appropriate. 4. Speakers and spectators shall not obstruct the view of another or in any other manner disturb or interfere with the orderly conduct of the meeting. Such actions may be a violation of Penal Code §42.05 which makes disruption of a lawful meeting a Class B misdemeanor. No person within the City Council Chambers shall speak or act in a loud and raucous manner which has the effect of disrupting the meeting. 5. Any police officer or other person assigned to provide security for the Council meeting shall advise any person who fails to comply with these guidelines of his or her noncompliance. Any person who, after having been advised of his or her noncompliance, continues to violate these rules may be escorted by the security personnel from the Council chambers. A person who has been escorted from the Council meeting for rules violations may lose the privilege of speaking at future City Council meetings for some period of time. 6. In accordance with the Open Meeting Laws of the State of Texas, the Council is prohibited from responding to speakers on unposted matters beyond providing specific, factual information or an explanation of current policy. Any discussion among the Council members concerning the public comments is limited to a proposal to place the item on a future agenda.