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10/26/2021 PACKET
BEAUM© NT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 26, 2021 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call Proclamations, Presentations and Recognitions-Receive an update from the Public Health Director related to COVID-19 * Public Comment: Persons may speak on the Consent Agenda * Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the October 19, 2021 City Council Meeting Minutes B. Confirmation of board and commission member appointments The following citizens would be appointed to the Community Development Advisory Committee. The terms would commence October 26, 2021 and expire September 30, 2023. Citizen Appointed By Mary Garcia Mayor Robin Mouton Tama Castelan Councilmember Randy Feldschau Pat Anderson Councilmember Taylor Neild Erick Gambia Councilmember Chris Durio The following citizens would be appointed to the Parks and Recreation Advisory Committee. The terms would commence October 26, 2021 and expire September 30,2023. Citizen Appointed By Cynthia Ligon Mayor Robin Mouton C. Authorize the City Manager to sign an agreement with American Medical Response Inc. (AMR)to operate as an Independent Contractor and provide emergency medical services under the direction of Beaumont Fire/EMS D. Authorize the City Manager to sign an agreement with American Medical Response Inc. (AMR)to participate in the City of Beaumont Ambulance Rollover Agreement E. Authorize the City Manager to sign a Rollover Rotation agreement with Allegiance Mobile Health F. Approve the purchase of eDraulic Tools (Jaws of Life) for use in the Fire Department G. Approve a proposal submitted by Automated Logic to replace the HVAC control system at the Jefferson Theatre H. Authorize the City Manager to execute Change Order No. 1, to the contract with BDS Constructors, LLC d/b/a MK Constructors for the Primer Street Lift Station Repairs Contract Project I. Approve revising Resolution 21-258 to award the bid to John Deere Company for the purchase of mowers to be used at the Henry Homberg Golf Course J. Approve a resolution rejecting all bids received for the Sewer Evaluation Work Order Contract-Phase IV K. Authorize the acceptance of a ten foot wide Exclusive Water Line Easement for a water line for new apartments located at 8550 Phelan Boulevard REGULAR AGENDA 1. Consider a request to rezone a property from NC (Neighborhood Commercial)to RS (Residential—Single-Family Dwelling) located at 4475 Raven Street 2. Consider a request for a Rezone for a portion of the property from RS (Residential —Single-Family Dwelling) to GC-MD-2 (General Commercial—Multiple-Family Dwelling-2), with a Specific Use Permit to allow a convenience store and gas station located at 4050 Magnolia 3. Consider a request for a Specific Use Permit to allow an auto repair shop in an NC (Neighborhood Commercial) District located at 1109 Harriot Street 4. Consider a request for a Revised Specific Use Permit to allow a new driveway in a GC-MD-2 (General Commercial—Multiple-Family—2)District located at 622 W. Lucas Drive DISCUSSION ITEM Review and discuss the possible rebranding of the Beaumont Municipal Transit System COMMENTS * Public Comment(Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION + Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Tamela Jones Claim of Sylvia Perry Claim of Brenda Antoine Jefferson County, Texas v. City of Beaumont, Texas; Cause No. B-198,481 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. A BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: October 26, 2021 REQUESTED ACTION: Council consider approval of the October 19, 2021 City Council Meeting Minutes. BEAUM© NT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J." Turner Jr.,At-Large ROBIN MOUTON, MAYOR Randy Feldschau,At-Large Taylor Neild,Ward 1 CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel, Mayor Pro Tem OCTOBER 19, 2021 Chris Durio,Ward IV Tyrone Cooper,City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on October 19, 2021, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING • Invocation Pledge of Allegiance Roll Call * Proclamations, Presentation and Recognition - Receive an update from the Public Health Director related to COVID-19 • Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-4 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Steve Im with Beaumont Seventh-Day Adventist Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tom Samuel, Councilmembers Durio, Getz, Turner, Feldschau and Neild. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on the Consent Agenda and Agenda Items 14 Jos Prince 3370 Esplanade Beaumont TX Spoke regarding Item I on the Consent Agenda, Downtown Beaumont Cultural Arts District Carol Gray 505 Orleans Beaumont TX Spoke regarding Item E on the Consent Agenda, Beaumont Main Street Sue Bard 700 North St. Beaumont TX Spoke regarding Item J on the Consent Agenda, Southeast Texas Arts Council Minutes—October 19,2021 Ryan Smith 600 Main St. Beaumont TX Spoke regarding Item D on the Consent Agenda, Texas Energy Museum Shelby Brannan 2240 Calder Ave. Beaumont TX Spoke regarding Item H on the Consent Agenda, Beaumont Heritage Society/John Jay French Museum Troy Gray 5560 Jimmy Simmons Blvd. Beaumont TX Spoke regarding Item K on the Consent Agenda, Spindletop Gladys City Boomtown Museum Lynn Castle 500 Main St. Beaumont TX Spoke regarding Item C on the Consent Agenda, Art Museum of Southeast Texas CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the October 12, 2021, City Council Meeting Minutes B. Confirmation of Board and Commission Member appointments - Resolution 21-260 The following citizens would be appointed to the Community Development Advisory Committee. The terms would commence October 19, 2021 and expire September 30, 2023. Citizen Appointed By Rodney Isles Mayor Robin Mouton Frederick Fusilier Mayor Robin Mouton Charles Taylor Mayor Pro Tem Audwin Samuel Cynthia Ligon Mayor Pro Tem Audwin Samuel Alexia Morgan Mayor Pro Tem Audwin Samuel Carlton Sharp Councilmember Albert "A.J." Turner Joseph Roberts Councilmember Albert "A.J." Turner Lashon Proctor Councilmember Albert "A.J." Turner The following citizens would be appointed to the Historic Landmark Commission. The terms would commence October 19, 2021 and expire September 30, 2023. Citizen Appointed By Lynda Kay Makin Mayor Robin Mouton (Planning Comm. Rep.) Marva Provo (Attorney) Mayor Robin Mouton Thomas Sigee Mayor Pro Tem Audwin Samuel Yolanda Nan Avery Councilmember Albert "A.J." Turner Minutes—October 19,2021 The following citizens would be appointed to the Library Commission. The terms would commence October 19, 2021 and expire September 30, 2023. Citizen Appointed By Vanessa Williams Mayor Robin Mouton Belinda Taylor Mayor Pro Tern Audwin Samuel Belinda George Councilmember Albert "A.J." Turner The following citizens would be appointed to the Parks and Recreation Advisory Committee. The terms would commence October 19, 2021 and expire September 30, 2023. Citizen Appointed By Toya Miller Mayor Robin Mouton Tyrone Cormier Councilmember Albert "A.J." Turner Terry Roy Councilmember Albert "A.J." Turner The following citizens would be appointed to the Planning and Zoning Commission. The terms would commence October 19, 2021 and expire September 30, 2023. Citizen Appointed By Lynda Kay Makin Mayor Robin Mouton Sandy Pate Mayor Robin Mouton M.S. Shawn Javed Mayor Robin Mouton Eddie Senigaur (Alternate) Mayor Robin Mouton Erika Harris (Alternate) Mayor Robin Mouton Johnny Beatty Mayor Pro Tern Audwin Samuel Hamza Jabbar Councilmember Albert "A.J." Turner The following citizens would be appointed to the Police Department Community Advisory Committee. The terms would commence October 19, 2021 and expire September 30, 2023. Citizen Appointed By Rev. Dwight Benoit Mayor Robin Mouton John Stafford Mayor Robin Mouton M.S. Shawn Javed Mayor Robin Mouton James Reed Mayor Pro Tern Audwin Samuel Darrell Stephens Mayor Pro Tern Audwin Samuel Geary Senigaur Councilmember Albert "A.J." Turner Jon Reaud Councilmember Albert "A.J." Turner Eddie Senigaur-Contractor would be appointed to the Building Board of Appeals. The term would commence October 19, 2021 and expire October 18, 2023. (Mayor Robin Mouton) C. Authorize a one-year contract with the Art Museum of Southeast Texas-Resolution 21-261 D. Authorize a one-year contract with the Texas Energy Museum - Resolution 21-262 E. Authorize a one-year contractwith BUILD, Inc., Beaumont Main Street-Resolution 21-263 F. Approve the purchase of one sewer inspection camera for use in the Sewer Maintenance Minutes—October 19,2021 Division - Resolution 21-264 G. Approve the purchase of new gym equipment for use at the Lakeside Center- Resolution 21-265 H. Authorize a one-year contractwith the Beaumont Heritage Society/John Jay French Museum - Resolution 21-266 I. Authorize a one-year contract with the Downtown Beaumont Cultural Arts District - Resolution 21-267 J. Authorize a one-year contract with the Southeast Texas Arts Council - Resolution 21-268 K. Authorize a one-year contract with the Spindletop Gladys City Boomtown Museum - Resolution 21-269 L. Approve a resolution accepting maintenance of the street, sewer, and water improvements in Meadows Subdivision Phase IV West - Resolution 21-270 Councilmember Neild moved to approve the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Consider an ordinance accepting the 2021 Certified Tax Roll (FY 2022). The Jefferson Central Appraisal District submitted the Certified Appraisal Roll on July 26, 2021, in the amount of$8,820,063,981. On September 22, 2021, the Council approved an ordinance to accept the appraised roll and established the property tax rate for the tax year 2021 (FY 2022). As required by Section 26.09 of the Tax Code: The tax assessor for a taxing unit shall calculate the tax imposed on each property included on the appraisal roll for the unit and send a Certified Tax Roll to the unit to be approved by Council. Approval of the ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ACCEPTING THE CERTIFIED TAX ROLL SUMMARY FOR THE TAX YEAR 2021 (FISCAL YEAR 2022), PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Durlo seconded the motion. AYES: MAYOR MOUTON,MAYOR PROTEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD Minutes-Odober 19,2021 NAYS: NONE MOTION PASSED Ordinance 21-070 2. Consider approving the purchase of two new ambulance boxes. The ambulance boxes will be purchased from Frazer, Ltd., of Houston, in the amount of $389,248.00. The new boxes will be mounted on new chassis', replacing unit 7154 and 7164, which have exceeded the expected service life. Both units will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained through the Houston-Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas procurement statutes. Manufacturer's warranty is twelve (12) months. Funds will come from the Capital Reserve Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWO(2)AMBULANCE BOXES TO BE MOUNTED TO NEW CHASSIS FOR USE BY THE EMERGENCY MEDICAL SERVICES (EMS) DIVISION FROM FRAZER, LTD., OF HOUSTON, TEXAS, IN THE AMOUNT OF $389,248.00 THROUGH THE HOUSTON-GALVESTON AREA COUNCIL(H- GAC) COOPERATIVE PURCHASING PROGRAM. Councilmember Turner Seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-271 3. Consider approving the purchase of three excavators for use in various City Departments. One Takeuchi TB260CR Excavator in the amount of$66,062.76,will be purchased for use in the Streets and Drainage Division. This will replace unit 5151, a 2004 Takeuchi Excavator, which has exceeded the expected service life, and will be disposed of in accordancewith the City's surplus equipment policy. One Takeuchi TB216R Excavator in the amount of $27,705.04, will be purchased as an addition to the existing fleet of equipment, and one Takeuchi TB21OR Excavator in the amount of$21,293.18, will be purchased to replace unit 5165, a 2008 Takeuchi Excavator, which has exceeded the expected service life, and will be disposed of in accordance with the Minutes—October 19,2021 City's surplus equipment policy. Both of the new units will be used in the Sewer Maintenance Division. Total pricing, in the amount of $115,060.98, was obtained from Waukesha-Pearce Industries, of Dallas, Texas, through the Houston-Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas procurement statutes. Manufacturer's warranty is twelve (12) months. Funds will come from the Capital Reserve Fund ($66,062.76) and the Water Fund ($48,998.22). Approval of the resolution. COuncllmember Nelld moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF THREE (3) EXCAVATORS FOR USE IN VARIOUS CITY DEPARTMENTS FROM WAUKESHA-PEARCH INDUSTRIES OF DALLAS, TEXAS, IN THE AMOUNT OF $115,060.98 THROUGH THE HOUSTON-GALVESTON AREA COUNCIL(H-GAC)COOPERATIVE PURCHASING PROGRAM. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-272 4. Consider approving the purchase of Self-Contained Breathing Apparatus for use in the Fire Department. The Fire Department must periodically replace old and/or defective SCBA units and related material. The SCBA units provide breathing air to firefighters while engaged in firefighting activities. This purchase will replace 10 complete SCBA units, 10 SCBA flow test and the following parts for other SCBA units within the department: 18 air gas cylinders, 18 sleeve kits, four-cylinder valves, five small harness, five large harness, four air packs, four male check valves, four female check valves, eight airline adapters. The above equipment will be purchased from Municipal Emergency Services, Inc., of Houston, in the total amount of $115,820.18. Pricing for the equipment was obtained through the Houston-Galveston Area Council (H- GAC) purchasing cooperative,which provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with State of Texas procurement statues. Funds will come from the Capital Reserve Fund. Approval of the resolution. Minutes—October 19,2021 COuncilmember Turner moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OFTEN(10)SELF-CONTAINED BREATHING APPARATUS(SCBA)FLOW TEST UNITS, AND PARTS OF EIGHTEEN (18) AIR GAS CYLINDERS, EIGHTEEN (18) SLEEVE KITS, FOUR(4) CYLINDER VALVES, FIVE(5)SMALL HARNESS,FIVE(5)LARGE HARNESS,FOUR(4)AIR PACKS,FOUR (4) MALE CHECK VALVES, FOUR(4)FEMALE CHECK VALVES,AND EIGHT(8)AIRLINE ADAPTERS FOR USE BY THE FIRE DEPARTMENT FROM MUNICIPAL EMERGENCY SERVICES,INC.,OF HOUSTON,TEXAS, IN THE AMOUNT OF $115,820.18 THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM. COuncilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-273 Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. COMMENTS Public Comments (Persons are limited to three minutes) Nicholas Hunter 9155 Mapes Beaumont TX Announced a trunk-a-treat at Pearlstein Park at 800 Landis St., stated that it will be a walk- up event and ask that the public not drive onto the park, the event will be on October 31, 2021, from 5:30 p.m. to 7:30 p.m., there will local sponsors that will be a part of the event as well * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - COMMENTED ON OKTOBERFEST,HAD A WONDERFUL TIME AND IT WAS WELL ATTENDED, ALSO COMMENTED ON THE JOINT MEETING BETWEEN THE CITY COUNCIL AND BISD COUNCILMEMBER GETZ- COMMENTED ON OKTOBERFEST, COMPLIMENTED EMILY WHEELER AND STAFF ON A GREAT JOB, STATED THAT ATTENDANCEWAS LARGERTHAN EVER,ANNOUNCED THAT THE DOWLEN/WEST NEIGHBORHOOD ASSOCIATION MEETING WOULD BE CANCELLED DUE TO THE COMMUNITY CENTER BEING USED FOR EARLY VOTING Minutes-Od ber 19,2021 COUNCILMEMBER TURNER- THANKED STAFF FOR THE GREAT JOB THEY DID WITH OKTOBERFEST,COMMENTED ON THE JOINT MEETING BETWEEN THE CITY COUNCIL AND BISD, LOOKING FORWARD TO THEIR NEXT JOINT MEETING, THANKED STAFF FOR THE GREAT JOB THEY DID AT SPROTT PARK, ALSO THANKED COUNCIL FOR THEIR SUPPORT ON THE PROJECT AS WELL,ANNOUNCED THAT UNITED WAY WILL BE PICKING WEEDS ON TONIGHT,STATED IF ANYONE WANTS TO HELP THEM DO GARDENING WORK INBOX OR TEXT HIM AND HE WILL PROVIDE THEM WITH THE LOCATION AND TIME COUNCILMEMBER FELDSCHAU - NONE MAYOR PRO TEM SAMUEL - NONE COUNCILMEMBER NEILD- NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - COMMENTED ON OKTOBERFEST,STATED THAT HE THOUGHT IT WAS THE BEST ONE YET,ALSO STATED THAT HE SPOKE WITH A CITIZEN MR. STEVE HOFFMAN WHO INFORMED HIM THAT IT WAS HIS IDEA, HE PASSED IT BY HIS COUNCILMEMBER WHO BROUGHT IT TO COUNCIL AND THAT'S HOW OKTOBERFEST CAME ABOUT, COMMENDED STAFF ON THE GREAT JOB THEY DID MAYOR MOUTON - THANKED STAFF FOR A FANTASTIC OKTOBERFEST, THE WEATHER WAS BEAUTIFUL,THE BANDS AND FOOD WERE GOOD AND THERE WAS A GREAT TURNOUT, GAVE CONDOLENCES TO THE FAMILY OF PORT COMMISSIONER LEE SMITH,ASKED THAT EVERYONE REMEMBER THAT THIS IS BREAST CANCER AWARENESS MONTH,THERE WILL BE A CELEBRATION AT THE END OF OCTOBER, COMMENTED ON THE JOINT MEETING BETWEEN THE CITY COUNCIL AND BISD BOARD OF TRUSTEES Open session of meeting recessed at 2:14 p.m. CLOSED SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Tamela Jones Claim of Sylvia Perry Jefferson County, Texas v. City of Beaumont, Texas; No. B-198,481 Minutes—October 19,2021 Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—Odober 19,2021 B Confirmation of board and commission member appointments RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Beginning of Expiration of Term Term Mary Garcia Community 10/26/2021 09/30/2023 Development Advisory Committee Pat Anderson Community 10/26/2021 09/30/2023 Development Advisory Committee Tania Castelan Community 10/26/2021 09/30/2023 Development Advisory Committee Erick Gauthia Community 10/26/2021 09/30/2023 Development Advisory Committee Cynthia Ligon Parks and 10/26/2021 09/30/2023 Recreation Advisory Committee 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 26th day of October, 2021. - Mayor Robin Mouton - C BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Earl White, Fire Chief MEETING DATE: October 26, 2021 REQUESTED ACTION: Council consider authorizing the City Manager to sign an agreement with American Medical Response Inc. (AMR)to operate as an Independent Contractor and provide emergency medical services under the direction of Beaumont Fire/EMS. BACKGROUND American Medical Response Inc. (AMR) desires to provide emergency medical services as an independent contractor for the City of Beaumont. AMR will be receiving dispatched emergency calls from City under the current protocols existing for such dispatch, provide emergency medical services on a 24-hour basis in the city limits of the City of Beaumont. City agrees to dispatch AMR on emergency calls as one of the Beaumont Fire/Rescue EMS MICU, but as an independent contractor to the City. AMR and City agree that the term of this Agreement shall be two years commencing December 1, 2021 and ending October 31, 2023. FUNDING SOURCE Not Applicable RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, American Medical Response, Inc. (AMR) is requesting approval to provide emergency medical services as an independent contractor for the City of Beaumont; and, WHEREAS, American Medical Response, Inc. will receive dispatched emergency calls from the City under the current protocols existing for such dispatch and provide emergency medical services on a 24-hour basis in the city limits of Beaumont; and, WHEREAS, the City agrees to dispatch American Medical Response, Inc. on emergency calls as one of the Beaumont Fire/Rescue EMS MICU, but as an independent contractor to the City; and, WHEREAS, the City Council is of the opinion that a two(2) year Private Ambulance Resource Agreement, commencing December 1, 2021 and terminating October 31, 2023, between the City of Beaumont and American Medical Response, Inc. to provide emergency medical services as an independent contractor for the City of Beaumont should be approved. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; 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 request of American Medical Response, Inc., to provide emergency medical services as an independent contractor for the City of Beaumont is hereby approved; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a two (2) year Private Ambulance Resource Agreement with American Medical Response, Inc. to provide emergency medical services as an independent contractor for the City of Beaumont. 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 26th day of October, 2021. - Mayor Robin Mouton - PRIVATE AMBULANCE RESOURCE AGREEMENT WHEREAS, American Medical Response, Inc (herein "AMR") desires to provide emergency medical services as an independent contractor for the City of Beaumont (herein "City"); and, WHEREAS, AMR will, and in consideration for receiving dispatched emergency calls from City under the current protocols existing for such dispatch, provide emergency medical services on a 24 hour basis in the city limits of City; NOW,THEREFORE, the parties hereto agree as follows: 1. AMR agrees to provide emergency medical services in accordance with the "Emergency Medical Service Standards" attached hereto as Exhibit "A" and made a part hereof for all purposes. 2. AMR agrees to provide two (2) Mobile Intensive Care Units strategically located within the city limits, with 24-hour coverage. 3. AMR agrees the MICUs integrate with Beaumont Fire/EMS- EMS Division operations. 4. AMR and City agree that the term of this Agreement shall be two years commencing December 1, 2021 and ending November 30, 2021 5. City agrees to dispatch AMR on emergency calls as one of the Beaumont Fire/EMS MICU, but as an independent contractor to the City. 6. This Agreement may be cancelled by either City or AMR with thirty (30) days advance written notice. 7. Nothing in this Agreement shall constitute or be deemed to constitute a joint venture between the parties hereto or constitute or be deemed to constitute any party the agent or employee of the other party for any purpose whatsoever, and neither party shall have authority or power to bind the other or to contract in the name of, or create a liability against,the other in any way or for any purpose. EXHIBIT "A" EXECUTED this day of 12021 CITY OF BEAUMONT AMERICAN MEDICAL RESPONSE, INC BY: BY: ATTEST: ATTEST: BY: BY: EMERGENCY MEDICAL SERVICES STANDARDS GUIDELINES AND REQUIREMENTS December 1,2021 The following requirements and guidelines will apply to a contract with the EMS Company for providing Emergency Medical Services (EMS)within the City of Beaumont.The primary objective of every element listed is to ensure that the services provided benefit the public and enhance EMS care. TERM AND CONDITIONS 1. Term of Agreement-This program will operate until November 30, 2023. 2. Liability insurance-a minimum of$5 million. A certificate showing coverage must be provided to City and City shall be named as an additional named insured. 3. Personnel - Each unit will be MICU rated and manned by at least one licensed/certified Paramedic. Personnel manning each unit shall be employees of the EMS Company only and under the direction and control of the EMS Company. 4. Continuing Education and Training-The City's program must be adopted. Certifications required include Advanced Cardiac Life Support, International Trauma Life Support/Pre-Hospital Trauma Life Support and Pediatric Advanced Life Support, Neonatal Advanced Life Support, or Prehospital Pediatric Provider Course. OPERATING PRACTICES 1. Daily Check-In—EMS Company will contact the on-duty Shift Commander with the vehicle number,crew names, and location no laterthan 0800 and during any changes with staffing assignment. 2. Daily Call-Log—EMS Company will complete and submit daily 214's to the City's EMS Operations Supervisor. 3. Dispatching and Response—Ambulance personnel are subject to the direction of Fire Department Dispatchers and must respond as directed.Ambulance will make only emergency runs. Ambulance will be available 24 hours per day. 4. Protocols—Ambulance personnel will comply with the EMS Company's EMS Protocols developed for emergency pre-hospital care and for interaction with Fire Department first responders. EMS Company will provide the City of Beaumont Fire/EMS with the current and approved EMS Protocols. Emergency Medical Services Standards Guidelines and Requirements December 1, 2021 5. Supervision—Ambulance personnel work for and are subject to the control of the EMS Company but are subject to evaluation by and the on-site review of the City's EMS Supervisors.The company's Ambulance personnel and medical director will participate in the 'run review' process. 6. Billing—The City's rate structure will be used. The EMS Company is responsible for its own billing and collection. 7. Unit Location-The areas to be covered by The EMS Company will be determined by the City. 8. Response Time-Response time characteristics shall conform to those established by the City. 9. Evaluations of performance of The EMS Company shall be formally reviewed by the EMS Manager and The EMS Company every three months. 10. Conflict Resolution -Grievances, conflicts, and differences of interpretation between City and The EMS Company,should they arise, shall be presented to the Fire Chief for resolution. His/her decision shall be binding on all parties. D BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Fart White, Fire Chief MEETING DATE: October 26, 2021 REQUESTED ACTION: Council consider authorizing the City Manager to sign an agreement with American Medical Response Inc. (AMR)to participate in the City of Beaumont Ambulance Rollover Agreement. BACKGROUND American Medical Response Inc. (AMR)is requesting approval from City of Beaumont to operate an ambulance transport service in the city limits of Beaumont. Currently, there are three private ambulance companies operating in the City of Beaumont with one participating in the city's Rollover Agreement to respond to emergency calls. FUNDING SOURCE Not Applicable RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Agreement between the City of Beaumont and American Medical Response, Inc., (AMR) to provide supplemental response to the City of Beaumont Emergency Medical Services System in the event no City ambulance units are available, posting for 9-1-1 coverage, or a patient is to be transported to a medical facility other than those facilities to which Beaumont EMS can transport. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of October, 2021. - Mayor Robin Mouton - BEAUM © NT Emergency Medical Services Agreement to Provide Supplemental Response to the City of Beaumont Emergency Medical Services System American Medical Response,Inc (AMR) agrees to respond,when requested by the City of Beaumont Fire/Emergency Medical Services (BEMS) communications center("Fire Alarm"), to emergency calls in the following circumstances: 1. When no City ambulance units are available to respond, OR 2. When posting for 9-1-1 coverage, OR 3. When the patient is to be transported to a medical facility other than those facilities to which Beaumont EMS can transport(outside the City limits or non-acute care facilities, for example). AMR agrees to be available for post AND/OR respond to 9-1-1 rollovers: 90% of requests made by Fire Alarm each quarter AND no more than two (2) unavailable incidents per week. 1. (Private Service) will be removed from rotation for one (1)month for each unavailable incident beyond the two allotted per week. 2. (Private Service) will be removed from rotation for six (6) months for not meeting the 90% availability for each quarter. The City of Beaumont and AMR agree that the specific operational parameters of this agreement will be documented in a separate"Operational Procedures" document, and that document is included in this agreement by reference. 1. AMR will provide the City of Beaumont EMS Division a copy of their Protocols, signed by their Medical Director. 2. AMR will provide a copy of the patient care report(PCR)to the City of Beaumont EMS Division QA/Ql Supervisor, either by fax or direct delivery, within 24 hours of the time the call was cleared. AMR agrees that, when responding to an emergency call at the request of the City of Beaumont, AMA shall: 1. Only respond a unit which is staffed, equipped, and authorized to provide paramedic- level (preferred) care, and have in their possession a City of Beaumont Ambulance Drivers Permit, issued by the City of Beaumont EMS Division. 2. Notify Fire Alarm if the estimated response time of AMR unit will exceed 12 minutes. 3. Notify Fire Alarm by the Unit Driver or Dispatcher of AMR if at any time units are running emergency traffic inside the city limits of the City of Beaumont and the dispatched address. Rollover Rotation Agreement Re,,,,d August 19,2021 EXHIBIT "A" BEAUM© NT Emergency Medical Services AMR agrees that the unit and personnel responding to an emergency call at the request of the City of Beaumont will: 1. Follow the direction and orders of Fire Alarm,AND 2. Communicate directly with Fire Alarm on Beaumont EMS primary or Beaumont Fire primary channels (at the direction of Fire Alarm) if the unit is so equipped. a. Regarding the unit's status AND b. Location(as per the"Operational Procedures" document) AND, 3. Follow the direction and orders of the on-scene Incident Commander and Beaumont EMS personnel. AMR will charge the patient as per their normal procedures. There will be no exchange of monies between AMR and the City of Beaumont. AMR agrees to allow, at the discretion of the ranking Beaumont EMS paramedic on the scene, a Beaumont EMS paramedic to assume or maintain control of patient care. At the discretion of the ranking Beaumont EMS paramedic, a Beaumont EMS paramedic may accompany the patient to the hospital in AMR ambulance unit. In this situation, the Beaumont EMS paramedic shall be operating under the authority and protocols of the Beaumont EMS medical director. AMR's EMS personnel may assist the Beaumont EMS paramedic within the scope of their authorization under their medical director. AMR ambulance service will charge the patient for their services as per usual procedure. Rollover Rotation Agreement Revised August 19,2021 Page 2 of 7 BEAUM© NT Emergency Medical Services This agreement shall commence upon signing and terminate on(expiration date), unless cancelled by either party as described below. Either party may terminate this agreement with thirty (30) days advance written notice. Additionally, the City may unilaterally terminate the agreement with no advance notice should such termination be in the best interest of the public's safety and welfare. CITY OF BEAUMONT American Medical Response By: By Signature of Authorized Official Signature Date Date Kyle Hayes City Manager Printed Name and Title City of Beaumont 801 Main Street, Ste. 300 Address Beaumont, TX 77701 City, State, Zip 409-880-3716 Telephone Number Kyle.Hayes@BeaumontTexas.gov Rollover Rotation Agreement Revised August 19,2021 Page 3 of BEAUM© NT Emergency Medical Services OPERATIONAL PROCEDURES I. Dispatching Procedures for Utilization of Private Ambulances A. "Rollover"Response—Emergency call, any priority, when no BEMS ambulance is available or posting. 1. Dispatch Beaumont Fire Responders if appropriate per protocol/procedure. 2. Dispatch GEMS Shift Commander(501) if appropriate per protocol/procedure. Otherwise, simply notify the Shift Commander. a. Shift Commander will respond at his/her discretion. b. The Shift Commander will no longer respond to ALL rollover events but IS to be notified. 3. Dispatch next rotation private ambulance service. The dispatcher shall ask if a Paramedic unit is available. If so, dispatch that unit. If not, consult with 501 for approval OR move to the next private company in rotation. a. The private unit should communicate with Fire Alarm on EMS Channel 41. At the dispatcher's discretion, the private ambulance may be assigned to another channel (Fire Channel 41, for example). The private unit should notify Fire Alarm via radio of the following intervals: (1) Responding to call. The private unit will state from what location they are responding. (2) Arriving at scene. (3) Transport priority and destination. The dispatcher should enter this information into the CAD notes. (4) Arrival at destination (at this point, the unit can be"cleared" from the call). (5) If the patient is not transported;the disposition of the patient(refusal, etc.) should be entered into the CAD notes by the dispatcher. 4. If the first service contacted does not have a unit available: a. Dispatch the EMS Shift Commander,if not already done so, AND b. Contact the next-up rotation private company. Rollover Rotation Agreement Revised August 19,2021 Page 4 of 7 BEAUM© NT Emergency Medical Services 5. Within 24 hours of the transport,the private unit will send, by fax or hand delivery, a copy of the transport run to the Clinical Supervisor of Beaumont EMS. B. "Referral"Responses—BEMS unit is requesting private ambulance to transport to alternative destination) 1. For`referral"calls, the private ambulance will respond non-emergency (Priority 3),unless expressly requested by the on-scene EMS personnel. 2. Ascertain if the if the patient has a specific preference for a private ambulance. If so, dispatch that service. 3. If the patient does not have a preference, dispatch the next rotation private ambulance service. The dispatcher shall ask if a paramedic unit is available. If so, dispatch that unit. If not, move to the next private company in rotation. 4. The private unit will communicate with Fire Alarm via EMS Channel 41 and advise Fire Alarm of the following intervals: a. Responding to call. The private unit will state from what location they are responding. b. Arriving at scene. C. Transport priority and destination. The dispatcher should enter this information into the CAD notes. d. Arrival at destination(at this point, the unit can be "cleared" from the call). C. If the patient is not transported; the disposition of the patient (refusal, etc.) should be entered into the CAD notes by the dispatcher. f. Responding"emergency traffic' at any time in the city limits and their route. 5. Within 24 hours of the transport, the private unit will send, by fax or hand delivery, a copy of the transport run to the Clinical Supervisor of Beaumont EMS C. "Posting" Responses—Private ambulance is being brought into BEMS system for coverage. Rollover Rotation Agreement Revised August 19,2021 Page 5 of 7 BEAUM © NT Emergency Medical Services 1. When the BEMS system is reduced to only one available ambulance unit(`level 1"), Fire Alarm shall contact a private ambulance service and request that they provide a paramiedio-level ambulance for deployment into the BEMS system. 2. The private services will be contacted for this assignment based upon geographical need and `rotation." For example: a. If the BEMS system's geographical deployment need is for a unit for the south district of the city, then Fire Alarm will contact a provider which is stationed in the south district. b. This provider will be selected from among the other services stationed in that area based upon a rotation system. 3. The private service will only deploy paramedio-level ambulances for posting assignments unless approved by 501 otherwise. 4. Once placed on"post," the assigned private ambulance shall notify Fire Alarm via radio of their availability and location. a. The private ambulance may post anywhere within the given geographical sector of the city. It. The private ambulance shall continuously monitor the assigned radio channel for a response assignment from Fire Alarm until released from post by Fire Alarm. 5. If needed for a response assignment, the private ambulance will be dispatched directly by Fire Alarm via an alert tone. a. The private ambulance will continue to communicate directly with Fire Alarm as specified in the procedures developed for "Rollover"responses. 6. Should the private service need the posted private ambulance for a"private call' or transfer, the private service or the private unit will notify Fire Alarm of their need to leave post. Unless Fire Alarm has an impending response assignment for that unit, the unit will be released from post for the"private call" or transfer. 7. Once dispatched to a response assignment, the private ambulance will adhere to all policies and procedures as implemented for other"Rollover"responses. 8. Private ambulance units, on a rotation basis among the companies operating within the sector of interest, will continue to be utilized to maintain the BEMS Rollover Rotation Agreement Revised August 19,2021 Page 6 of 7 BEAUM© NT Emergency Medical Services system at"level-2"until two BEMS units become available. Once two BEMS units are available, the private ambulance(s) can be released from post. D. Rotation 1. The rotation list will be updated annually or on as needed bases. 2. This list is subject to change at the discretion of the Fire Chief. 3. Private ambulance responses will be rotated among the listed agencies in turn. 4. If an agency is contacted but cannot respond, that agency will go to the bottom of the rotation. B. Non-dispatched 9-1-1 Calls Procedures A. If a private ambulance encounters a medical emergency in the City,the private ambulance must notify the City dispatch center of said emergency as soon as practical. The private ambulance personnel shall render appropriate medical care to the patient(s). B. Private ambulances may not respond to medical emergencies in the City, except when specifically requested to do so by the City dispatch center. Should a private ambulance service receive a call requesting an ambulance response to a medical emergency, the private ambulance service must immediately notify the City dispatch center of the nature and location of the call. C. Requesting for assistance from the City of Beaumont EMS. 1. The ranking city EMS paramedic or officer or, when applicable, the Incident Commander as authorized by the EMS Manager of the city, on the scene of a medical emergency in the city has the responsibility and authority over all aspects of the medical operations and medical care at the incident. This authority includes, but is not limited to, assigning patient care and transport responsibilities, and directing the transport destination of patients. 2. City of Beaumont EMS ambulances may only transport patients to hospitals within the city limits, except when specifically authorized to transport elsewhere, by the Fire Chief or the City of Beaumont EMS Manager, or their designees. Rollover Rotation Agreement Revised August 19,2021 Page 7 of 7 E BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Earl White, Fire Chief MEETING DATE: October 26, 2021 REQUESTED ACTION: Council consider authorizing the City Manager to sign a Rollover Rotation agreement with Allegiance Mobile Health. BACKGROUND Allegiance Mobile Health agrees to respond when requested by City of Beaumont Fire-Rescue Beaumont Emergency Medical Services (BEMS) communication center ("Fire Alarm"),to respond to emergency calls when no other city ambulances are available.Allegiance agrees to post for emergency response or have a Mobile Health Unit available to respond to 911 emergency medical call rollovers. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Agreement between the City of Beaumont and Allegiance Mobile Health to provide supplemental response to the City of Beaumont Emergency Medical Services System in the event no City ambulance units are available, posting for 9-1-1 coverage, or a patient is to be transported to a medical facility other than those facilities to which Beaumont EMS can transport. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of October, 2021. - Mayor Robin Mouton - BEAUM© NT Emergency Medical Services Agreement to Provide Supplemental Response to the City of Beaumont Emergency Medical Services System Allegiance Mobile Health agrees to respond, when requested by the City of Beaumont Fire/ Emergency Medical Services (BEMS) communications center ("Fire Alarm"),to emergency calls in the following circumstances: I. When no City ambulance units are available to respond, OR 2. When posting for 9-1-1 coverage, OR 3. When the patient is to be transported to a medical facility other than those facilities to which Beaumont EMS can transport(outside the City limits or non-acute care facilities, for example). Allegiance Mobile Health agrees to be available for post AND/OR respond to 9-1-1 rollovers: 90% of requests made by Fire Alattn each quarter AND no more than two (2)unavailable incidents per week. 1. (Private Service)will be removed from rotation for one(1) month for each unavailable incident beyond the two allotted per week. 2. (Private Service) will be removed from rotation for six (6) months for not meeting the 90% availability for each quarter. The City of Beaumont and Allegiance Mobile Health agree that the specific operational parameters of this agreement will be documented in a separate "Operational Procedures" document, and that document is included in this agreement by reference. 1. Allegiance Mobile Health will provide the City of Beaumont EMS Division a copy of their Protocols, signed by their Medical Director. 2. Allegiance Mobile Health will provide a copy of the patient care report (PCR) to the City of Beaumont EMS Division QA/QI Supervisor, either by fax or direct delivery, within 24 hours of the time the call was cleared. Allegiance Mobile Health agrees that, when responding to an emergency call at the request of the City of Beaumont,Allegiance Mobile Health shall: 1. Only respond a unit which is staffed, equipped, and authorized to provide paramedic- level (preferred) care, and have in their possession a City of Beaumont Ambulance Drivers Permit, issued by the City of Beaumont EMS Division. 2. Notify Fire Alarm if the estimated response time of Allegiance Mobile Health unit will exceed 12 minutes. 3. Notify Fire Alarm by the Unit Driver or Dispatcher of Allegiance Mobile Health if at any time units are running emergency traffic inside the city limits of the City of Beaumont and the dispatched address. Rollover Rotation Agreement Revised August 19,2021 EXHIBIT "A" BEAUM © NT Emergency Medical Services Allegiance Mobile Health agrees that the unit and personnel responding to an emergency call at the request of the City of Beaumont will: 1. Follow the direction and orders of Fire Alarm, AND 2. Communicate directly with Fire Alarm on Beaumont EMS primary or Beaumont Fire primary channels (at the direction of Fire Alarm)if the unit is so equipped. a. Regarding the unit's status AND b. Location (as per the"Operational Procedures" document) AND, 3. Follow the direction and orders of the on-scene Incident Commander and Beaumont EMS personnel. Allegiance Mobile Health will charge the patient as per their normal procedures. There will be no exchange of monies between Allegiance Mobile Health and the City of Beaumont. Allegiance Mobile Health agrees to allow, at the discretion of the ranking Beaumont EMS paramedic on the scene, a Beaumont EMS paramedic to assume or maintain control of patient care. At the discretion of the ranking Beaumont EMS paramedic, a Beaumont EMS paramedic may accompany the patient to the hospital in Allegiance Mobile Health ambulance unit. In this situation, the Beaumont EMS paramedic shall be operating under the authority and protocols of the Beaumont EMS medical director. Allegiance Mobile Health's EMS personnel may assist the Beaumont EMS paramedic within the scope of their authorization under their medical director. Allegiance Mobile Health ambulance service will charge the patient for their services as per usual procedure. Rollover Rotation Agreement Revised August 19,2021 Page 2 of 7 BEAUM© NT Emergency Medical Services This agreement shall commence upon signing and terminate on(expiration date), unless cancelled by either party as described below. Either party may terminate this agreement with thirty (30) days advance written notice. Additionally, the City may unilaterally terminate the agreement with no advance notice should such termination be in the best interest of the public's safety and welfare. CITY OF BEAUMONT Allegiance Mobile Health By: By: Signature of Authorized Official Signature Date Date Kyle Hayes City Manager Printed Name and Title City of Beaumont 801 Main Street, Ste. 300 Address Beaumont, TX 77701 City, State, zip 409-880-3716 Telephone Number Kyle.Flayes@BeaumontTexas.gov Rollover Rotation Agreement Revised August 19,2021 Page 3 of BEAUM© NT Emergency Medical Services OPERATIONAL PROCEDURES I. Dispatching Procedures for Utilization of Private Ambulances A. "Rollover"Response—Emergency call, any priority, when no BUMS ambulance is available or posting. 1. Dispatch Beaumont Fire Responders if appropriate per protocol/procedure. 2. Dispatch BEMS Shift Commander (501)if appropriate per protocol/procedure. Otherwise, simply notify the Shift Commander. a. Shift Commander will respond at his/her discretion. b. The Shift Commander will no longer respond to ALL rollover events but IS to be notified. 3. Dispatch next rotation private ambulance service. The dispatcher shall ask if a Paramedic unit is available. If so, dispatch that unit. If not, consult with 501 for approval OR move to the next private company in rotation. a. The private will should communicate with Fire Alarm on EMS Channel#1. At the dispatcher's discretion, the private ambulance may be assigned to another channel (Fire Channel 41, for example). The private unit should notify Fire Alarm via radio of the following intervals: (1) Responding to call. The private unit will state from what location they are responding. (2) Arriving at scene. (3) Transport priority and destination. The dispatcher should enter this information into the CAD notes. (4) Arrival at destination(at this point, the unit can be "cleared"from the call). (5) If the patient is not transported; the disposition of the patient(refusal, etc.) should be entered into the CAD notes by the dispatcher. 4. if the first service contacted does not have a unit available: a. Dispatch the EMS Shift Commander, if not already done so, AND b. Contact the next-up rotation private company. Rollover Rotation Agreement Revised Aup,t K 2021 Page 4of7 BEAUM© NT Emergency Medical Services 5. Within 24 hours of the transport,the private unit will send, by fax or hand delivery, a copy of the transport run to the Clinical Supervisor of Beaumont EMS. B. "Referral'Responses—BEMS unit is requesting private ambulance to transport to alternative destination) 1. For`referral'calls, the private ambulance will respond non-emergency (Priority 3), unless expressly requested by the on-scene EMS personnel. 2. Ascertain if the if the patient has a specific preference for a private ambulance. If so, dispatch that service. 3. If the patient does not have a preference, dispatch the next rotation private ambulance service. The dispatcher shall ask if a paramedic unit is available. If so, dispatch that unit. If not, move to the next private company in rotation. 4. The private unit will communicate with Fire Alarm via EMS Channel41 and advise Fire Alarm of the following intervals: a. Responding to call. The private unit will state from what location they are responding. b. Arriving at scene. C. Transport priority and destination. The dispatcher should enter this information into the CAD notes. d. Arrival at destination (at this point, the unit can be "cleared" from the call). e. If the patient is not transported; the disposition of the patient (refusal, etc.) should be entered into the CAD notes by the dispatcher. f. Responding "emergency traffic" at anytime in the city limits and their route. 5. Within 24 hours of the transport, the private unit will send, by fax or hand delivery, a copy of the transport run to the Clinical Supervisor of Beaumont EMS C. "Posting"Responses—Private ambulance is being brought into BEMS system for coverage. Rollover Rotation Agreement Revised August 19,2021 Page 5 of 7 BEAUM© NT Emergency Medical Services 1. When the BEMS system is reduced to only one available ambulance unit("level 1"),Fire Alarm shall contact a private ambulance service and request that they provide a paramedic-level ambulance for deployment into the BEMS system. 2. The private services will be contacted for this assignment based upon geographical need and "rotation." For example: a. If the BEMS system's geographical deployment need is for a unit for the south district of the city, then Fire Alarm will contact a provider which is stationed in the south district. F. This provider will be selected from among the other services stationed in that area based upon a rotation system. 3. The private service will only deploy paramedic-level ambulances for posting assignments unless approved by 501 otherwise. 4. Once placed on"post," the assigned private ambulance shall notify Fire Alarm via radio of their availability and location. a. The private ambulance may post anywhere within the given geographical sector of the city. b. The private ambulance shall continuously monitor the assigned radio channel for a response assignment from Fire Alarm until released from post by Fire Alarm. 5. If needed for a response assignment, the private ambulance will be dispatched directly by Fire Alarm via an alert tone. a. 'the private ambulance will continue to communicate directly with Fire Alarm as specified in the procedures developed for"Rollover"responses. 6. Should the private service need the posted private ambulance for a"private call" or transfer,the private service or the private unit will notify Fire Alarm of their need to leave post. Unless Fire Alarm has an impending response assignment for that unit, the unit will be released from post for the"private call" or transfer. 7. Once dispatched to a response assignment, the private ambulance will adhere to all policies and procedures as implemented for other"Rollover" responses. 8. Private ambulance units, on a rotation basis among the companies operating within the sector of interest, will continue to be utilized to maintain the BEMS Rollover Rotation Agreement Revised August 19,2021 Page 6 of BEAUM © NT Emergency Medical Services system at"level-2"until two BEMS units become available. Once two BEMS units are available,the private ambulance(s) can be released from post. D. Rotation I. The rotation list will be updated annually or on as needed bases. 2. This list is subject to change at the discretion of the Fire Chief. 3. Private ambulance responses will be rotated among the listed agencies in turn. 4. If an agency is contacted but cannot respond, that agency will go to the bottom of the rotation. II. Aron-dispatched 9-1-1 Calls Procedures A. If a private ambulance encounters a medical emergency in the City, the private ambulance must notify the City dispatch center of said emergency as soon as practical. The private ambulance personnel shall render appropriate medical care to the patient(s). B. Private ambulances may not respond to medical emergencies in the City, except when specifically requested to do so by the City dispatch center. Should a private ambulance service receive a call requesting an ambulance response to a medical emergency, the private ambulance service must immediately notify the City dispatch center of the nature and location of the call. C. Requesting for assistance from the City of Beaumont EMS. 1. The ranking city EMS paramedic or officer or, when applicable,the Incident Commander as authorized by the EMS Manager of the city, on the scene of a medical emergency in the city has the responsibility and authority over all aspects of the medical operations and medical care at the incident. This authority includes, but is not limited to, assigning patient care and transport responsibilities, and directing the transport destination of patients. 2. City of Beaumont EMS ambulances may only transport patients to hospitals within the city limits, except when specifically authorized to transport elsewhere, by the Fire Chief or the City of Beaumont EMS Manager, or their designees. Rollover Rotation Agreement Revised August 19,2021 Pagc 7 of 7 F BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 26, 2021 REQUESTED ACTION: Council consider a resolution approving the purchase of eDraulic Tools (Jaws of Life) for use in the Fire Department. BACKGROUND The eDrualic tool units(Jaws of Lifc)are used to assist Fire personnel in the extrication of victims involved in vehicle accidents, as well as other rescues in small spaces. The Fire Department determined that two complete eDraulic tool units, 12 batteries, six chargers and two chain sets require replacement this year. The older units will be disposed of per City policy. The eDraulic tools (Jaws of Life) will be purchased from Municipal Emergency Services, Inc., of Houston, in the amount of$69,571.54. Pricing for the equipment was obtained through the Houston-Galveston Area Council (H-GAC) purchasing cooperative, which provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with State of Texas procurement statues. Quote is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. , CONTRACT PRICING WORKSHEET Contract ? Datc 71{�N�IOf/' For Catalog&Price Sheet Type Purchases NB : EE08-19 prepared: 1013/2021 This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Agency: BEAUMONT FIRE DEPARTMENT c -unoot: :Municipal Emergency Services c°""" :Chief John Bourgeois Pr<P•r<a Janet Cardenas Bo urgeois aP: Pn••e: (409) 880-3929 1-800-784-0404 r..: r.*: 281-442-9199 em.n: iohn.bourgeois(a)beaumonttexas.gov email: icardenasRoesfre.cgm C•ulog/Pri«Sh<n Hurst Nam C"oer•I Dm..1,a n EF romA,EEI9CDA,EEI9EDA of PrM•etl RM"er C.ae A.Catalog/Price Sheet Items being purchased-Itemize Below-Attach Additional Sheet if Necessary Qua. Description Unit Pr Taal 2 272289000-1 S 789EWXT Cutter-TOOL ONLY HGAC Pricing 15%Off List Price of$11,250.00 $9,562.50 $19,125.00 2 271255000-1 SP 555EWXT Spreader-TOOL ONLY HGAC Pricing 15%Off List Price of$12,500.00 $10,625.00 $21,250.W 2 274285000-1 R521EWXT Ram-TOOL ONLY HGAC Pricing 15%Off List Price of$8,25000 $7,012.50 $14,02500 12 '90-53-I5 EWXT9Ali battery HGAC Pricing 15%Off List Price of$]95.00 $675.75 $8,10900 6 90-53-21 EWXT Charger(I IOV) HGAC Pricing 15%Off List Price of$540.00 $459.00 $2,754.00 2 ,81-67-20 Chain Set(KSV 11)HGAC Pricing 15%Off List Price of$1,00900 $857.65 $1,715.30 Total From Other Sheets,If Any: Subtotal A: $66,97830 B.Unpublished Options,Accessory or Service items-Itemize Below-Attach Additional Sheet If Necessary (Note'.Unpublished Items are any which were not submitted and priced is contractors bid.) Quin Description Unit Pr Total XECOI PT I8V X2(36V)LXT®Lithium-bon Brushless Cordless 9"Power Cutter Kit,4 ea.BL1850B 1 ;battery,cut-off wheel,dual port charge,lock-off(9.0 Ah)PROMOTIONAL MAKITA 50.00. S0.0 2 90-53-31 EWXT DC-power supply 110V/60Hz 996.62i $I,993.24 Total From Other Sheets,If Any: Snbtofal B: $1,993.24 Check:Total cost of Unpublished Options(B)cannot exceed 25%of the total of the Base Uni[Frice plus Published Options. For this transaction the percentage is: 3% C.Trade-Ins/Special Discounts/Other Allowances/Freight/Installation/Miscellaneous Charges FREIGHT $6000 Subtotal C: $600,0 Delivery Date:; 90-120 DAYS D. Total Purchase Price(A+B+C): I $69,Sn s4 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of eDraulic tools (Jaws of Life) for use by the Fire Department from Municipal Emergency Services, Inc., of Houston, Texas, in the amount of $69,571.00 through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. 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 26th day of October, 2021. - Mayor Robin Mouton - G BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: October 26, 2022 REQUESTED ACTION: Council consider a resolution approving a proposal submitted by Automated Logic to replace the HVAC control system located at the Jefferson Theatre located at 345 Fannin Street. BACKGROUND Pricing was obtained from Automated Logic to replace the existing HVAC control system with an updated version of the WebCTRL Building Automation System (BAS). The City of Beaumont currently has 25 facilities on the Automated Logic WebCTRL Budding Automation System. Automated Logic is the authorized service provider for the Houston and Beaumont area,therefore to maintain continuity of service, support for the current system, and software compatibility, it is imperative that we utilize Automated Logic. The cost to replace the HVAC control system, including the proposed scope of work listed on the contractor's proposal, will be$54,200.00. The Jefferson Theatre's current HVAC control system was originally installed by the previous owners of the facility. The current control system is over 21 years old and needs upgrading to be on the same level as the other 24 facilities. The current WebCTRL system does not allow for the facility staff to control the temperatures on-site, any changes to the temperatures must be called into the Facilities Maintenance Department. The new control system will allow the HVAC Maintenance Division to monitor and control humidity, diagnose equipment problems via computer, control temperature settings, allow off-site monitoring& control of the system via computer, allow the system to be on the same programming level as the other 24 facilities, and give on-site temperature control to the Event Facilities staff. The current system is outdated and not user friendly to maintenance staff. The control system is a critical component of the HVAC system for the facility and increases the energy efficiency of the HVAC system. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. BUILDING AUTOMATION SYSTEM PROPOSAL -Automated Logic City of Beaumont:Jefferson Theater BAS Upgrade Prepared Cityof Beaumont Date: 11/19/2021 For:Attn: David Lornette Projectlnfo: Jefferson Theater Prepared By: John Waisath I Senior Account Executive 34S Fannin St. M:713-494-4161 Beaumont,TX 77701 john.waisath@carrier.com Terms: Thls proposals subject to the attached IFPMS AND CON DI IONS OF SALE AUTOMATED LOGIC CONMACTING SERVICE, INC.dated June U,2019 Project Description: Automated Logic is pleased to provide the enclosed budget proposal for upgrading the existing Automated Logic WebCTRL Building Automation System (BAS) for the referenced project. Automated Logicwill provide all necessary engineering, software,hardware,installation,project management,commissioning,programming,and warranty fora complete, turnkey system. The system data base forthis project,including programs,software,and graphics,will be Installed on the existing Cityof Beaumont WebCTRLServef. Scope of Work (1) Chiller: Start/Stop Status(Chiller Flow DP) Chiller Alarm CHWSTemperature CHWRTemperature (1) CHW Pump Start/Stop Status (1) Cooling Tower: Start/Stop Status Bypass Valve CWS Temperature CWR Temperature (1) CW Pump: Start/Stop Status (2) Boiler: Start/Stop HWS Temperature HWR Temperature 290 Beltway Green Blvd Suite 600., Pasadena,TX 77503 • . •• 54utomated Logic (3) 5Z CHW/HW AHU: Start/Stop Status SA Temperature RA Temperature(AHU-1 Only) Space Temperature(Combination Temp/Humidity/CO,) CHW Valve H W Valve OA Damper OA Damper End Switch RA Damper(AHU-1 Only) RA Humidity(AHU-1 and AHU-2 Only) EF Start/Stop Relief Damper(AHU-1 Only) TLO(AHU-1 Only) Manual Override Push Button(AHU-3 Only) (1) DXSZAHU: Start/Stop Status SA Temp DX Cooling (2-Stage) Electric Heat(2-Stage) OA Damper OA Damper End Switch RA Humidity EF Start/Stop (1) FCU: Start/Stop Status CH W Valve Electric Heat SA Temp EF Start/Stop EF Isolation Damper EF Damper End Switch (1) AH U-1 SA DR Control: Boot Damper Control(1-4) Boot Damper Temperature(1-4) Miscellaneous: OA Temperature 2 Page 4Automated Logic Scope Clarifications & Exclusions Clarifications: ALC will provide and install a combination space temperature, humidity, and CO, sensor with display, set point and override but will otherwise employ all existingend devices, enclosures and device wiring.There will be additional costs associated with replacing anyfaulty or non-working devices and/orwiring. All cabling not in conduit will be plenum ratedwire.Mechanical room wiring and cableswill be installed in conduit. ALC will furnish installation labor,communication wiring, programming/graphics,and checkout for the Building Control and Automation System. Providing (1)yearwarrantycn materialsand labor. Exclusions Prevailing wage rates and certified payroll areexcluded from this budget proposal. Project price excl udes all scope of work associated with fire dampers,fire/smoke/a utomatic dampers,smoke detectors, fire alarm system,or any other Life Safety Equipment. Bonding is not included. Any work not listed above. 31Page ,Automated Logic Project Cost Jefferson Theater PAS Upgrade........ ....._......... ....._.... ... ........ .........................._.... ..__.............. $ 54,200.00 Pricing does not include sales,use,and other similartaxes,which maybe imposed by local, state,and/or federal government on all new work. If claiming tax exemption on this project,please include a Tax Exempt or Resale Certificate with acceptance of this proposal. This pricing is valid for 45 days from the above date. Thank you for your consideration of Automated Logic for this project. We look forward to working with you and your team on this unique opportunity. Please feel free to contact me anytime with questions or for any clarifications or scope modifications. � U John Waisath Senior Account Executive Automated Logic M: 713-494-4161 johr isath@carrier.corn Automated Logic Contra cting Services,Inc.will not proceed with any work,including submittals without a signed proposal, approved purchase order or executed contract. PROCEED AS INDICATED: AUTOMATED LOGIC CUSTOMER: Name Customer Name Signature Date Signature Date Title Title PO Number 4 1 P a g e TERMS AND CONDITIONS OF SALE Automated AUTOMATED LOGIC CONTRACTING SERVICES, INC. LOGIC xA III mn Imwp c ¢�m FIR ap d _ _ o-.-.rd ..'I .—i Mee° Al. 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WHEREAS, Automated Logic, of Pasadena, Texas, submitted a proposal in the amount of $54,200.00 for the purchase of a replacement HVAC control system at the Jefferson Theatre located at 345 Fannin Street; and, WHEREAS, Automated Logic, of Pasadena, Texas, is the authorized service provider for the Houston and Beaumont area; and, WHEREAS, to maintain continuity of service, support for the current system, and software compatibility it is imperative that the City utilize Automated Logic, of Pasadena, Texas; and, WHEREAS, City Council is of the opinion that the proposal submitted by Automated Logic, of Pasadena, Texas should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the proposal submitted by Automated Logic, of Pasadena, Texas, in the amount of $54,200.00 for the purchase of a replacement HVAC control system at the Jefferson Theatre located at 345 Fannin Street be accepted by the City of Beaumont; and, 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 26th day of October, 2021. - Mayor Robin Mouton - H BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: October 26, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, to the contract with BDS Constructors, LLC d/b/a MK Constructors for the Primer Street Lift Station Repairs Contract Project. BACKGROUND On December 15, 2020, by Resolution 20-279, City Council awarded a contract to BDS Constructors, LLC d/b/a MK Constructors, of Vidor, in the amount of$721,615.00, for the Primer Street Lift Station Repairs Contract Project. Proposed Change Order No. 1, in the amount of$18,356.00, is required to remove and replace the existing deteriorated ductile iron piping and fittings in the wet well. A total of twenty-eight (28)calendar days will be added to the contract for the additional work. If approved, Change Order No. 1 result in a new contract amount of$739,971.00 with 208 total calendar days to complete the project. This project provides for the repairs of damages at Primer Street Lift Station caused by flooding from Tropical Storm Harvey. The Federal Emergency Management Agency (FEMA) has obligated the majority of the funds for the repair and mitigation work, with the balance paid by the City's Harvey Fund. The work in proposed Change Order No. 1 is outside of the FEMA approved scope as it is not Harvey related, but necessary to make additional repairs to the wet well. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 20-279 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Primer Street Lift Station Repairs Contract Project; and, WHEREAS, BDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, submitted a complete bid meeting specifications in the amount of $721,615.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by BDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out In the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to BDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, in the amount of $721,616.00 for the Primer Street Lift Station Repairs Contract Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with DBS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Ad, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of December, 2020. d •f M yor ffiecky Ames- i APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One 1 DATE: October 15,2021 PROJECT: City of Beaumont,Texas Lift Station&W WTP Repairs Troplcal Storm Harvey Primer Street Lift Station Bid No.WU1021-01/FEMA N48352 OWNER: City of Beaumont,Texas �'.. 801 Main Street Beaumont,Texas 77704 CONTRACTOR: MK Constructors 2485 North Street Vidor,Texas 77662 TOTHEOWNER: Approval ofthe following contract change is requested. Reason for Change: To remove and replace the existing deteriorated ductile Iron discharge piping and Rttings for the submersible pump In the secondary wet well.This Change Order Is not eligible for FEMA Reimbursement ORIGINAL CONTRACT AMOUNT: $ 721,615.00 THIS CHANGE ORDER Ran Description 9 Furnish all labor,materials and equipment to remove and replace the existing 8"discharge piping and $ 18,356A0 fittings for the submerslbie pump In the secondary wet well,Including base elbow,ductile Iron piping, coupling,and 90 degree bend;ADD$18,356.00/lump sum TOTAL AMOUNT OF TH IS CHANGE OR DER: $ 18,356.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 739,971.00 CONTRACTTIME Original Contract Time: 180 caiendardays Time requested for material delivery and installation of the new 8"discharge piping and base elbow 28 calendar days Revised Contract Time per this Change Order 208 calendar days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated In this Change Order represents full compensation for all Increases and decreases in the cost of, and the time required to perform the entire work under the Contract arising directly or Indirectly from this Change Order and all previous Change Orden. Acceptance of this waNer constitutes an agreement between Owner and Contractor that the Change Order represents an all Inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to(RI\fie acclaim on this Change Order after It Is properly executed." Au Eed b\� \V?eviewed by: Rev w Y: � MK Constructors Amalla Villareal,P.E.E.. 8artkowlak Contractor City Engineer Director of Public Works �;� � and Technology Services wte:�b���� DaK l UICxUYYIb(I Date: p—w Recomm note y: Approved `by: �PP�� Attested by: S/thou yrg&Polk,Inc. Kyle Hayes Tina Broussard Engineer City Manager City Clerk Date: —0 I� Date: Dah: RESOLUTION NO. WHEREAS, on December 15, 2020 the City Council of the City of Beaumont, Texas passed Resolution No. 20-279 awarding a contract in the amount of$721,615.00 to BDS Constructors, LLC d/b/a MK Constructors, of Vidor, Texas, for the Primer Street Lift Station Repairs Contract Project; and, WHEREAS, Change Order No. 1, in the amount of $18,356.00, is necessary to remove and replace the existing deteriorated ductile iron piping and fittings in the wet well, thereby increasing the total contract amount to $739,971.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $18,356.00 for the additional work described above, thereby increasing the total contract amount to $739,971.00 for the Primer Street Lift Station Repairs Contract Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of October, 2021. - Mayor Robin Mouton - BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 26, 2021 REQUESTED ACTION: Council consider revising Resolution 21-258 to award the bid to John Deere Company for the purchase of mowers to be used at the Henry Homberg Golf Course. BACKGROUND On October 12, 2021, City Council awarded the purchase of mowers for the Henry Homberg Golf Course, to Brookside Equipment Sales, of Houston for a total price of$132,836.10, The actual purchase should be directly from John Deere Company, of Cary,North Carolina, with Brookside Equipment being the delivering dealer. Pricing was obtained through Buyboard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Buyboard complies with State of Texas' procurement statutes. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on October 12, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-258 authorizing the purchase of three (3) John Deere mowers for use by the Parks Department from Brookside Equipment Sales, of Houston, Texas, in the amount of$132,836.10 through the BuyBoard Cooperative Purchasing Program; and, WHEREAS, the actual purchase should be directly from John Deere Company, of Cary, North Carolina, with Brookside Equipment being the delivering dealer; and, WHEREAS, an amendment to Resolution No. 21-258 is necessary to indicate that the purchase of the mowers will be from John Deere Company, of Cary, North Carolina; 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 Resolution No. 21-258 is hereby amended to approve the purchase of three (3) John Deere mowers for use by the Parks Department from John Deere Company, of Cary, North Carolina, in the amount of $132,836.10 through the BuyBoard Cooperative Purchasing Program. 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 26th day of October, 2021. - Mayor Robin Mouton - J BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: October 26, 2021 REQUESTED ACTION: Council consider a resolution rejecting all bids received for the Sewer Evaluation Work Order Contract—Phase IV. BACKGROUND The Sewer Evaluation Work Order Contract—Phase IV will be used to clean,televise, and evaluate the City's sewer collection system to identify cost effective methods to rehabilitate defective manholes and mainlines. Two vendors attended the mandatory pre-bid meeting and both vendors submitted bids. The submitted bids were both incomplete. Until a bid is awarded, the bid tab is not made public in order to preclude an unfair competitive advantage in future bids. The project will be rebid at a later date. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on September 30, 2021, two (2) bids were received for the Sewer Evaluation Work Order Contract-Phase IV Project; and, WHEREAS, the Public Works Department evaluated the two (2) bids submitted and found that both were incomplete; and, WHEREAS, it is the recommendation of City of Beaumont Public Works Department Administration to reject the submitted bids and rebid the project at a later date; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the submitted bids for the Sewer Evaluation Work Order Contract- Phase IV Project and that said bids should be rejected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council does hereby reject the bids received for the Sewer Evaluation Work Order Contract-Phase IV Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of October, 2021. - Mayor Robin Mouton - K BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 26, 2021 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10')wide Exclusive Water Line Easement for a water line for new apartments located at 8550 Phelan Boulevard. BACKGROUND BHA Century Heights, LLC has agreed to convey a ten foot(10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.4648 acre tract of land out of Lot 1 of Century Heights Subdivision situated in the A. Huston League, Abstract No. 33, City of Beaumont, Jefferson County,Texas. The easement is for a waterline for new apartments located at 8550 Phelan Boulevard. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, BHA Century Heights, LLC has agreed to convey one (1) ten foot (10')wide exclusive water line easement, said easement being a 0.4648 acre tract of land out of Lot 1 of Century Heights Subdivision situated in the A. Huston League, Abstract No. 33, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to facilitate the construction of new apartments located at 8550 Phelan Boulevard; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one ten foot(10')wide exclusive water line easement, said easement being a 0.4648 acre tract of land out of Lot 1 of Century Heights Subdivision situated in the A. Huston League,Abstract No. 33, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of October, 2021. - Mayor Robin Mouton - STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § WATER LINE EASEMENT THAT, BHA CENTURY HEIGHTS, LLC, a Texas limited liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water line easement (the "Easement') to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A " attached and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the EXHIBIT "I" business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto,or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [.Signature Page Follows] EXECUTED this 30th day of September. 2021. GRANTOR: BHA CENTURY HEIGHTS, LLC, a Texas Limited Liability company By: Golden Triangle Redevelopment Corporation, a public facility corporation created under the Texas Non-Profit Corporation Act, its sole member By: Printed Name: R111son Title: C. En ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the .ilJ. day of September, 2021, by of Golden Triangle Redevelopment Corporation, a public facility corporation created under the Texas Non-Profit Corporation Act, sole member of BHA CENTURY HEIGHTS,LLC,a Texas limited liability company, on behalf of said limited liability company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 30 h day of September, 2021. Ji-e qvc %" 'NotaiTPublic, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 '10.W' JENNIFEa DEATON GFEGOPY Beaumont,TX 77704 K,. R':y,pt 5 Nat,ry ppplic,St,ta of T... l" ' Comm.Expire,0a-01T 2021 Nm,r YID 72G2 r0<80 EXHIBIT A (attached) Fittz & Shipman NC. Consulting Engineers and Land Surveyors Ronald D.Fitts,RE,R P LS.C948-1987) Daniel A.Dotson,P.E.,President Terry G.So sure P.E.,Senior Consultant Donald R.King,P.E.,Vice President Bernardino D.Tristan,P E.,Chief Executive Officer Mitchell Lee Bracklm EELS EXHIBIT "A", PAGE I OF 3 CENTERLINE DESCRIPTION FOR A IO' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF LOT I OF CENTURY HEIGHTS SUBDIVISION OUT OF THE ALMONZER HUSTON LEAGUE, ABSTRACT 33 JEFFERSON COUNTY,TEXAS JULY 29,2021 That certain centerline description for a 10' wide exclusive water line easement, 5' on each side of centerline, out of a called 6.809 acre tract known as Lot 1 of Century Heights Subdivision, a plat recorded in Clerks File No. 2020020112 of the Official Public Records of Jefferson County, Texas, out of the Almonzer Huston League, Abstract 33 of Jefferson County, Texas, said centerline being more particularly described by courses and distances as follows: Note: Bearings are referenced to Century Heights Subdivision. COMMENCING at a As iron rod (11=13,970,301.24, E=3,488,337.08)found in the north right-of- way line of Phelan Boulevard for the southeast corner of the remainder of a called 5.386 acre tract conveyed to South Park ISD as recorded in Film Code 100-45-2429 of the Real Property Records of Jefferson County, Texas and the southwest corner of said Lot 1; THENCE South 88°14'09" East along the said north right-of-way line of Phelan Boulevard and the south line of said Lot 1 a distance of 78.45 feet (called South 88°14'09" East) to a point for corner; THENCE North a distance of 5.00 feet to a point forthe POINT OF BEGINNING (N=13,970,307.64, E=3,488,415.27)of the said 10'wide exclusive water line easement and TAP A from which the POINT OF TERMINATION of said TAP A bears North 27.77 feet; THENCE along the said centerline of the 1 O'wide exclusive water line easement with the following courses and distances: South 88°14'09" East a distance of 76.01 feet to an angle point; South 89'53'02" East, at a distance of 98.27 feet pass a point for the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears North 00°02'28"West 31.30 feet, and continuing a total distance of 213.19 feet to an angle point; North 89°59'21" East a distance of 192.60 feet to an angle point; North 02°58'33" East a distance of 187.36 feet to an angle point; North 00°00'22"West, at a distance of 78.42 feet pass a point for the POINT OF BEGINNING of TAP C from which the POINT OF TERMINATION of said TAP C bears East 12.00 feet, and continuing a total distance of 88.43 feet to an angle point; 1405 Cornerstone Court Beaumont,Texas 77706-(409)832-7238-Fax(409)832-7303 Texas Board of Profession!Engineers Firm No. 1160-Texas Board o(Arcfe,curol Lord Surveyors Firm No. 100186 EXHIBIT "A", PAGE 2 OF 3 South 89°55'15" East a distance of 206.75 feet to an angle point; North 00°08'45"West a distance of 166.57 feet to an angle point; North 89°56'30"West, at a distance of 509.16 feet pass a point for the POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D bears South 61.53 feet, and continuing a total distance of 776.36 feet to a point in the said east line of the remainder of the 5.386 acre tract and the west line of the said Lot 1 for the POINT OF TERMINATION (N=13,970,743.16, E=3,488,315.28) of the said centerline of the 10'wide exclusive water line easement, traversing a total distance of 2039.87 feet, and containing in area 0.4648 acre in said easement. This Centerline Description is based on a survey performed by Fittz& Shipman, Inc. in 2020 and accompanies a plat of the same date. F&S Project No. 19105 Water Line Easement ERIMR A. PACE 3 OF 3 Line Table l � om:5:>.. a Ie�1.�'�an t �Nw,E PaxT a TPnuw�noN m LENTERux `I 1W WDE E%CLE)i 6d�` CENIERLME ttl MDE 1ER METE PAYMENT 3^ �^C IT E.Li WRIEN LINE g 5.. . PEE OP p g FY IADATIUN NAP E,"O"T LENIEPXHE R 'O F.S.eea,ixe O.NK 1CPE IN n gwpd� (NOT TO BCNF) E/.YMENTONEFEREN OF;sre, On �wsasTw `aa CENTURY HEIGHTS tlXe�TAPI— r� z�qw Nx _ w= mj�� SUBDMSION oWi4 n ":°aTM=M:Yo ca kxo LOTmI IA.5 ..,o 1 1r:d ry aG6 g n8 w�axs(uum eem,aii>en P. I-11TO, 19 'x8 Ni o•Timm�. I.VI Ins « RON FEE �""'uviNa':memux IUNVI Vai— POINT CT BEPNNINO IM1= (FALLEN umx,w[-ii,e[rv,c>) CENTEMME 1a MDEa.—. EXRCSYE WARIER IME k nm,^eft&I n a n — e , DS L O usue+e _s m « .� E_x.�...,m N 141- v ORERFIRRE NET LgAMENLIN6 TS BB•5)P1'a ifz tv �e�•v ,v PdNT 1114in a' o '.n n,ef rerv, R. RW' RON'I On RON RON PHELAN BOULEVARD Trora:: Ne,es: SUMMERS CERTIFICATE: bleed 11 the`NEED`B ,` Ive s`w P ne <E DT rf m aD.-ae. ` NOON ALMONZER HUSTON LEAGUE .P,,.a`'aT,+ mNeT aEweaT re Nei...TM.,TM�,�s µ,m ;gem a w.,1�n Iwt ORFNNN o,C"o., gee, m w « w.e,u.,a me ESN �.ee cane,; O E II niece en ;zbneea om y �L. ..N o mx, m„e nn s�nn�e ,nen.,Nw,nenm. ABSTRACT 33 � � .9 (U B, ,, R-ed R, Coi JEFFERSON COUNTY, TEXAS M¢eneu Lae e,eexln HN,On, S bNei a port recareO !9 ge`616]ory!Q� ;e Fil 40100101 1. O.P.R.J.0 i. N�"R-�s�'�la la"Rea o vwuzoxp'NO I'—No.Re SUR Ea) a wa INI. III e, even m1e y,� pNEI 10' WIDE EXCLUSIVE WATER LINE EASEMENT ""`'°' Fi hl man � � �� W lER LINE PAYMENT Wi C£LOT�19� 3 RENNIT CFNNRY HOCHIS 91..... _ ."FEe 'R +MuWmlue ,NIRN (wl eu[uTw[v' ,e(.ml ua-nc BEAIIMCNT. lIXAS I October 26,2021 Consider a request to rezone a property from NC (Neighborhood Commercial)to RS (Residential —Single-Family Dwelling) located at 4475 Raven Street BEAUM© NT TEXAS TO: City Council FROM: Kyle I layes, City Manager CI�3 PREPARED BY: Chris Boone,Planning & Community Development Director MEETING DATE: October 26, 2021 REQUESTED ACTION: Council consider a request to rezone a property from NC (Neighborhood Commercial) to RS (Residential—Single-Family Dwelling)located at 4475 Raven Street. BACKGROUND Kellie Hardy would like to rezone the property at 4475 Raven Street. The property is located just north of the convenience store located at 4490 Bob Street. Previously these lots and the convenience store were all part of the same property. The property owner would like to rezone the lot to RS (Residential Single-Family Dwelling),in order to build a new house. All of the surrounding property, except for the convenience store, is residential. At a Joint Public Hearing held on October 18, 2021, the Planning Commission recommended 5:0 to approve the request to rezone a property from NC (Neighborhood Commercial) to RS (Residential—Single-Family Dwelling). FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. BEAUM© NT Planning &Community Development Case Type:Planning and Zoning Case Stales: REVIEW Case Sub Type: Rezone Tag Name:rezone Case P PZ2021-324 Initiated On:9122/2021 1:21:44PM Location:4475 RAVEN ST, BEAUMONT, TX Individuals listed on the record: Applicant Kellie Hardy Home Phone: 4093470053 8110 Eastex Freeway Work Phone: Beaumont,TX 77708 Cell Phone:4093470053 E-Mail: kellie.hardy@camelliahomes.com Property Owner Lori Rochelle Home Phone: 409-351-6210 4525 Winston Drive Work Phone: Beaumont,TX 77705 Cell Phone: E-Mail: drlorip6@gmail.com Legal Description See attached meets&bounds. Number of Acres 0.30 Proposed Use residential construction Notes: Case Type:Planning and Zoning Page 1 of 1 Case#:PZ2021-324 Printed On:101612021 Cj ►MELLIA A4WHOMES 8110 Eastex Freeway Beaumont,Texas 77708 Camellia Homes is requesting this so we can build a residential house on this property. Phone: (409)347-0053 Fax: (409)347-0028 SURVEY LEGEND —vt—s—e �ue �mca O tl✓uuw ❑a c W/ —//—N,.u' CLIENT /MI RIXx[uf cf.j I - S OS 6'36"E 173 76' (uum sa.m 19 e�� a,OyAC✓.P. S N�0 R' R II693' N mJ �6 n$ HR�q Ra u 0J0 R. hE n nA ry� NA 566'P I'33" W 130.Po' N m l o $d N B6T1'3J"£ ITO Po' �8 �b h� bC o dy z8 C¢¢035 ¢r w�3tt m� 2 S 66R1'33"W laQ 9m9' R N .21b3"E 60G (uum searYw l Iuum Nm'Y[ qAm�' `mm'o xYB' S B6R1'3J W IP000' R—s—Tw UR G WST WROMIIAA SMEET (60 VEYP4'SCFRINGR: INEYFNIWIOfRTANO MEOWNFR60f MEPPEHtSF54/RYEYEO ANURISIEWAPTTPI£IMSIAP4Ntt[OMYANY Te vtrr�NQxsrbM'�NtlulNTmfl'vm'm+Ymtl'e9'm'd Ntle pam'b�tY�Rtllean aM6m',M a'tl NL Nmmm dazwlam�.N4 ablg✓a.n aay Nxm9ybe aTARewtlnaYs,merYP,RLU menm4mm mttn/Msa`wY.gR'tazAovm IMIM trM LMd W�RD.S ETNEAUMOM 1F.l 1)TOS u _ ��a uEstntmoN).��m✓m wn/m[e✓xre Pah Nav(Tfullw�crNo1 s�rM�e+'h✓,ro5 ae P*ume duewa'13+r wa trA"rczdM.�4.amwMtrtwen e.ar,wem.'MM mks nP�Tsui RWI�na.,asx+n+n nK m>•,✓rrmmto•9.�dmrrea�rdanx.✓s� � �//��/ �/��/,f� � cvlweroe RICHARDILD.FFEAS ST g/Frt No ARI v � o i v r vve ENgXEERWL FlRM flEOSffiA11M N0. 4EryN6 FlFY FEtl51NAFW N4 114-OX SUfl KYURS N61ES NDtRLR,R: MAYS Z031 TEIAA Aw X jQ4.t'\ fAf�`'F9N c rI, D t�Pn.NO: �ALNAAgO fFAUSi 9 OUP ...... I.IR. ei¢tro � F55\gyp O� mFRE ARE NO EasMTrv75 ae f/e/J Bvok NZ: F NGINEER;NG ANO SURVEYING,INL. 2 �"�� � fNgIM6RANt£5 OSRD MINN! E uuriun+arssuro nvR.utr s, zozr. 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 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO IRS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 4475 RAVEN STREET, 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 NC (Neighborhood Commercial) District to IRS (Residential Single Family Dwelling) District for property located at 4475 Raven Street, as described in Exhibit "A" and shown on Exhibit "B," 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 26th day of October, 2021. - Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.30 acre tract out of the J. W. Bullock Survey, Abstract No. 7, and being out of a tract conveyed to Mohamed Ahmed as described in Clerk's File No. 2007033419 J.C.R.P.R.; said 0.30 acre tract being more particularly described by metes and bounds as follows; Bearings shown hereon are referenced to the Texas Coordinate System of 1983,Central Zone,and are based on the North American Datum of 1983, adjustment 2011. COMMENCING at a Yz" rebar found at the intersection of the west line of Raven Street and the north line of West Virginia Street; THENCE North 86021'33" East (called North 89°47' Fast) along the north line of West Virginia Street, a distance of 60.00 feet (called 60.00 feet)to a W'rebar set and capped"FAUST"at the intersection of the east line of Raven Street and the north line of West Virginia Street; THENCE North 03°26'20" West (called North) along the east line of Raven Street, a distance of 126.07 feet to a ''/z"rebar set and capped"FAUST" for the southwest comer and POINT OF BEGINNING of the herein described tract; THENCE North 03°38'27" West(called North) along the east line of Raven Street, a distance of 110.00 feet to a Yz" rebar set and capped "FAUST" for the southwest corner of Lot 1, Block 4, of Odom Terrace as described in Volume 10,Page 33, J.C.M.R.; said rebar being the northwest corner of the herein described tract; THENCE North 86021'33" East(called East) along the south line of said Lot 1, a distance of 120.00 feet(called 120.00 feet) to a ''/z"rebar set and capped"FAUST" on the west line of Bob Street; said rebar being the southeast comer of said Lot 1, and the northeast comer of the herein described tract; THENCE South 03038'27" East(called South) along the west line of Bob Street, a distance of 110.00 feet to a'h"rebar set and capped"FAUST"for the southeast corner of the herein described tract; THENCE South 86°2 F33" West, a distance of 120.00 feet to the POINT OF BEGINNING and containing 0.30 acres of land, more or less. EXHIBIT "A" Z2021-324: Request to rezone a property from NC (Neighborhood Commercial) to RS Residential—Single-Family Dwelling). Applicant: Kellie Hardy Location: 4475 Raven Street 0 100 zoo Feet RENA r ! Legend Rz .41 4 IIIAJ ! r h I r � i GINIAST lir f a i u t t Rsr. 40 Ad EXHIBIT "B" 2 October 26, 2021 Consider a request for a Rezone for a portion of the property from RS (Residential— Single-Family Dwelling)to GC-MD-2(General Commercial—Multiple-Family Dwelling-2),with a Specific Use Permit to allow a convenience store and gas station located at 4050 Magnolia BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning& Community Development Director MEETING DATE: October 26, 2021 REQUESTED ACTION: Council consider a request for a Rezone for a portion of the property from RS (Residential — Single-Family Dwelling) to GC-MD-2 (General Commercial—Multiple-Family Dwelling-2), with a Specific Use Permit to allow a convenience store and gas station located at 4050 Magnolia. BACKGROUND George Charlton is requesting a rezoning for a portion of the property and a Specific Use Permit to allow a convenience store and gas station at 4050 Magnolia Avenue. The proposed building would be approximately 6,000 square feet. Half would be occupied by a convenience store with deli and would be open from 7:00 a.m. to 11:00 p.m. Sunday through Thursday and 7:00 a.m.to midnight Friday and Saturday. The other half would potentially be occupied by a restaurant. Once the property is rezoned (General Commercial—Multiple-Family Dwelling- 2), a Specific Use Permit would be required for other uses. No landscaping is shown on the submitted site plan. An eight(8) foot wood or privacy fence and ten (10) foot wide landscaped buffer would be required along the east and south property lines. Along the Magnolia Avenue frontage and along the portion of LaSalle next to the parking and fuel pumps, a six (6) foot wide landscaped buffer will be required. All landscaping will be required to meet City Ordinances including irrigation. A sanitary sewer easement crosses the property and will need to be maintained. At a Joint Public Hearing held on October 18, 2021, the Planning Commission recommended 5:0 to approve the request for a Rezone for a portion of the property from RS (Residential— Single-Family Dwelling)to GC-MD-2(General Commercial—Multiple-Family Dwelling-2),with a Specific Use Permit to allow a convenience store and gas station with the following conditions: 1. Landscaping required to meet City Ordinance requirements. 2. Construction Plans must meet all requirements by Water Utilities for water and sanitary sewer improvements including, any requirements of the City's backflow, pre-treatment and/or F.O.G. program. 3. No permanent structures allowed to be constructed on top of the sanitary sewer easement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: I. Landscaping required to meet City Ordinance requirements. 2. Construction Plans must meet all requirements by Water Utilities for water and sanitary sewer improvements including, any requirements of the City's backflow, pre-treatment and/or F.O.G. program. 3. No permanent structures allowed to be constructed on top of the sanitary sewer easement. BEAUM© NT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use/Rezone Tag Name:Convenience Store with Fuel Station Case It: PZ2021-284 Initiated On:812CJ2021 10:22:12AM Location:4050 MAGNOLIA AVE, BEAUMONT,TX Individuals listed on the record: Applicant George Carlton Home Phone: 4097286238 11728 S Erie Ave. Work Phone: Tulsa, OK 74137-8430 Cell Phone: 4097286238 E-Mail: amanda.lsmgmt@gmail.com Case Type:Planning and Zoning Page 1 of 2 Case#:PZ2021-284 Printed On:9/22/2021 BEAUM© NT Planning & Community Development Legal Description See attached meets&bounds Number of Acres 1.30 Proposed Use Convenience Store and Gas Station That the specific use will be The development of 2+acres of vacant uncleared land will bring in compatible with and not injurious to community friendly businesses that will showcase clean one of a the use and enjoyment of other kind a architecturally unique buildings that will make it bedrock for property,nor significantly diminish or the community. impair property values within the immediate vicinity That the establishment of the specific The development of the property will be done with the guidelines from use will not impede the normal and the City of Beaumont Planning dept.There will enough setbacks that orderly development and improvement will allow other businesses to be visible and thrive in am area of new of surrounding vacant property; development. That adequate utilities,access roads, All major utilities will be provided by the City of Beaumont and the drainage and other necessary property already has access to all the utility connections.All the supporting facilities have been or will construction will be done in accordance with the guidelines of City of be provided Beaumont Planning dept and the latest international building codes. The design, location and arrangement The design of all the driveways and other access points will be wide of all driveways and parking spaces and sufficiently marked to allow easy traffic flow and with sidewalks provides for the safe and convenient and walkways,there will be easy access for people to travel on foot. movement of vehicular and pedestrian traffic That adequate nuisance prevention All construction will be done in accordance and the guidelines of City measures have been or will be taken of Beaumont Planning dept.All contractors and trades will be done in to prevent or control offensive odor, accordance will the latest International Building Codes. fumes, dust,noise and vibration That directional lighting will be All outdoor building Lights,Light Poles, Or any other directional lights provided so as not to disturb or will be carefully located as to not disturb the neighbors and adversely affect neighboring businesses around the property. properties That there are sufficient landscaping All landscaping will be in compliance and accordance with the City of and screening to insure harmony and Beaumont Planning dept.Our goal is to shield the residential compatibility with adjacent property neighbors with appropriate fencing and the use of existing trees and landscaping. That the proposed use is in Yes. accordance with the Comprehensive Plan Notes: Case Type'Planning and Zoning Page 2 of 2 Case#:PZ2021-284 Printed On:9/22/2021 Roadway Stores Proposed Use and Description August 24,2021 To: City of Beaumont Planning:SUP/Rezoning Dept From the inception of our project, we've had one goal above all else. That goal was to enhance the development growth of the Local Neighborhood thru businesses that focus on providing family friendly services that help all residents. We set firm guidelines with our construction and design teams, to provide those services that the people of the neighborhood really need. During our initial pre-planning phase, one thing was apparent. The needs of the residents can be divided into two sections, clean fuel stations/packaged-cooked meals. Now for all the residents, we had to go a different route. All the conditions put in place were to ensure the development of Beaumont and providing family friendly services to spur a growth for the city. With that settled, we wanted to know what would be most Ideal for the residents of the city. We first started with preliminary research by asking residents what they wanted In the area. Some of the main needs that kept propping up, were a family friendly store, a clean reliable fuel station, a laundry/washeteria, and lastly, a fast food/ pizzeria. These were some of the more glaring needs that were brought up by almost everyone. It's not that the area is lacking stores and gas stations, its just that due to their conditions and general aesthetics, it's hard for people to trust them. With all the rains and flooding we have experienced, it's difficult for people to get fuel where there's a giant puddle of water over the fuel tanks. With more modern cars, it's not a stretch to imagine that a new state of the art facility with branded fuel would help diminish those concerns. Another concern, is when families taking their kids to stores and being exposed to materials that are graphic in nature (e.g., porn magazines, Sex toys, etc.) To ensure that doesn't happen at our store, we will eliminate selling any such products. This was done to show that we are very invested into Beaumont, and we want to do right by the people of this great city. Finally, our last concern was the lack of quality fast food options in the area. Have you ever tried to order pizza from the surrounding pizzerias with any success? I didn't think so. It's not that difficult to have a food business and provide great customer service. We hope to show you that we can absolutely do that. For that purpose,we have dedicated space for a in-store Dell, serving breakfast, lunch, and early dinner.The Deli will have a menu that will resemble a traditional diner, albeit, with a few changes. We also Have additional separate space with a drive thru which would be ideal for a fast-food pizzeria. We are currently in talks with potential parties. Our goal is to construct a 6000 -8000 sq/ft building of that, half will comprise a Food Store with Fuel Station and the other half of the building will remain unfinished on the inside for future development and can be used to lease to tenants that will help us bring in the services most needed by the residents. Like a Washeteria/laundromat, a fast-food eatery, or any number of businesses that will benefit the locals. The Food Store will he selling wide variety of products ranging from packaged foods to beer and tobacco products. There will also be a deli inside the Food Store that will have a self-sufficient kitchen that will serve hot meals at a reasonable price.The menu and the services offered will be determined once the planning phase has started and will be required by the appropriate health agency. We are tirelessly working to make sure that every service we provide at our business, will first and foremost, benefit the residents of the Local Community.We humbly request that City of Beaumont Planning dept will fully support our plan and help make Beaumont, a prosperous family friendly city. Thank you for your time. Sincerely, V — Rahil Maredia (president, Roadway Stores) Roadway Stores Proposed Use and Description August 24, 2021 To:City of Beaumont Planning:SUP/Rezoning Dept The property Is located at the corner on Magnolia Ave. and LaSalle Street in Beaumont TX. The property is divided into 4 plot totaling 2.0031 acres. The addresses and the Classification for each of the plots are as follows: • PLOT#1—COMMERCIAL- 1695 E LaSalle St. Beaumont,TX 77703 • PLOT 42—COMMERCIAL-4050 Magnolia St. Beaumont,TX 77703 • PLOT#3—RESIDENTIAL—1675 E LaSalle St. Beaumont,TX 77703 • PLOT 44—RESIDENTIAL—1665 E LaSalle St. Beaumont,TX 77703 Our Goal is to Rezone PLOT#3 and PLOT#4 as COMMERCIAL designation that would allow us to construct a Convenience Store With Fuel Station and washeteria.The building will encompass all four LOTS and will be estimated at 8000 sci The business timings will be around 7am— 11pm and weekends will be closed an hour later. The grocery/food store will sell wide variety of products and services. Sincerely, J V— Rahil Maredia (president, Roadway Stores) George Carlton (property Owner) 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 IRS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT FOR A PORTION OF THE PROPERTY LOCATED AT 4050 MAGNOLIA 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 IRS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for a portion of the property located at 4050 Magnolia Avenue, as described in Exhibit "A" and shown on Exhibit"B,"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 26th day of October, 2021. Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 1.325 acre tract or parcel of land situated in the A. Williams Survey,Abstract No. 385, Jefferson County, Texas and being out of and part of Lots I and 2 and all of Lots 3 and 4 of The George R. Charlton Sr. Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Clerk's File No. 2007047668, Official Public Records of Real Property,Jefferson County,Texas, said 1.325 acre tract being more particularly described as follows: NOTE.: All bearings are referenced to the East line of the above referenced Lot 4 as SOUTH 00°00'00"EAST as recorded in the above referenced Clerk's File No. 2007047668, Official Public Records of Real Property, Jefferson County, Texas. BEGINNING at a 5/8" iron with a cap stamped "M.W. Whiteley &Associates" in concrete found for the Northeast comer of the tract herein described, said comer also being the Northeast comer of the said Lot 4 and the Northwest corner of that certain called "Property No. 16" as described in a "General Warranty Deed" from Freydoun B. Shahrodi and Zohreh Shahrodi to J2D2 Properties and Katt Investments, LLC as recorded in Clerk's File No. 2019042093, Official Public Records of Real Property, Jefferson County, Texas and being in the South La Salle Street (based on a width of 50 feet); THENCE SOUTH 00000'00" WEST, along and with the boundary between the tract herein described and the said J2D2 Properties, or al. tract, the same being the East line of the said Lot 4, for a distance of 207.42 feet to an iron rod with a cap stamped "S&P" found for corner, said comer being the Southeast corner of the said Lot 4 and the Northeast corner of that certain called U2 acre tract, identified as TRACT 1, as described in a "Special Warranty Deed" from Delbra Roberts, et al. to Pamela N. Fisher as recorded in Clerk's File No. 2019004534, Official Public Records of Real Property, Jefferson County,Texas; THENCE SOUTH 89058'41" WEST, along and with the boundary between the tract herein described and the North line of the said 1/2 acre Fisher tract,the same being the South line of the said Lots 4, 3 and 2, for a distance of 233.16 feet to a point for corner and from said comer a 5/8" iron rod with a cap stamped "M.W. Whiteley&Associates" set for the Southwest comer of the said Lot 2 and the Northwest comer of the said 1/2 acre Fisher tract bears SOUTH 89°5841" WEST a distance of 141.25 feet; THENCE NORTH 23°02'37" WEST, over and across the said Lots 2 and 1 and parallel and 130 feet perpendicular to the East right-of-way line of Magnolia Avenue and the West line of the said Lots 2 and 1, for a distance of 226.77 feet to a point for comer, said comer being in the North line of the said Lot 1 and the South right-of-way line of La Salle Street and said comer bears SOUTH 89°47'34" EAST a distance of 141.49 feet from a 5/8" iron rod with a cap stamped "M.W. Whiteley&Associates" set for the Northwest comer of the said Lot I and the intersection of the East right-of-way line of Magnolia Avenue and the South right-of-way line of La Salle Street; EXHIBIT "A" THENCE SOUTH 89047'34" EAST, along and with the South right-of-way line of La Salle Street and the North line of the said Lots 1, 3 and 4, for a distance of 321.93 feet to the POINT OF BEGINNING and containing 1.325 Acres,more or less. Z2021-284: Request for a Rezone for a portion of the property from RS (Residential— ingle-Family Dwelling) to GC-MD-2 (General Commercial—Multiple-Family Dwelling-2), with a Specific Use Permit to allow a convenience store/restaurant and gas station. Applicant: George Charlton Location: 4050 Magnolia 0 100 200 Feet Liegend Ike p i ! m c S .t .5 s. . v * e e y IGC-MD Gil. ST G--MD GE-MD. EXHIBIT "B" w 55 9HW Z_ is M.LCY� 0�L ILA ti I f g � I D N y� y m I it i i I t I I I I i I - - - - -------------' J FNo SOO 00'00'W 207.44' MAGNOLIA A ism BEAUM ON T,TEXAS @E�eya3;giii{a�r.°� — SITE PLAN s�YSRWf°le "g °4k ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CONVENIENCE STORE AND GAS STATION IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 4050 MAGNOLIA AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, George Charlton has applied for a specific use permit to allow a convenience store and gas station in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 4050 Magnolia Avenue, as described in Exhibit "A" and shown on Exhibit "B," 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 convenience store and gas station in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 4050 Magnolia Avenue, subject to the following conditions; • Landscaping required to meet City ordinance requirements; • Construction Plans must meet all requirements by Water Utilities for water and sanitary sewer improvements including any requirements of the City's backflow, pre-treatment and/or F.O.G. program; • No permanent structure allowed to be constructed on top of the sanitary sewer easement; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a convenience store and gas station 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 convenience store and gas station in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 4050 Magnolia Avenue, as described in Exhibit "A" and shown on Exhibit "B," is hereby granted to George Charlton, his legal representatives, successors and assigns, as shown on Exhibit "C," attached hereto and made a part hereof for all purposes, subject to the following conditions; • Landscaping required to meet City ordinance requirements; • Construction Plans must meet all requirements by Water Utilities for water and sanitary sewer improvements including any requirements of the City's back-flow, pre-treatment and/or F.O.G. program; • No permanent structure allowed to be constructed on top of the sanitary sewer easement. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of October, 2021. - Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 1.325 acre tract or parcel of land situated in the A. Williams Survey,Abstract No. 385, Jefferson County, Texas and being out of and part of Lots 1 and 2 and all of Lots 3 and 4 of The George R. Charlton Sr. Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Clerk's File No. 2007047668, Official Public Records of Real Property, Jefferson County, Texas, said 1.325 acre tract being more particularly described as follows: NOTE, All bearings are referenced to the East line of the above referenced Lot 4 as SOUTH 00000'00"EAST as recorded in the above referenced Clerk's File No. 2007047668, Official Public Records of Real Property, Jefferson County, Texas. BEGINNING at a 5/8" iron with a cap stamped "M.W. Whiteley & Associates" in concrete found for the Northeast comer of the tract herein described, said comer also being the Northeast comer of the said Lot 4 and the Northwest comer of that certain called "Property No. 16" as described in a "General Warranty Deed" from Freydoun B. Shahrodi and Zohreh Shahrodi to J2D2 Properties and Katt Investments, LLC as recorded in Clerk's File No. 2019042093, Official Public Records of Real Property, Jefferson County, Texas and being in the South La Salle Street (based on a width of 50 feet); THENCE SOUTH 00°00'00" WEST, along and with the boundary between the tract herein described and the said J2132 Properties, et al. tract, the same being the East line of the said Lot 4, for a distance of 207.42 feet to an iron rod with a cap stamped "S&P" found for corner, said comer being the Southeast comer of the said Lot 4 and the Northeast corner of that certain called 1/2 acre tract, identified as TRACT 1, as described in a "Special Warranty Deed" from Delbra Roberts, et al. to Pamela N. Fisher as recorded in Clerk's File No. 2019004534, Official Public Records of Real Property,Jefferson County, Texas; THENCE SOUTH 89°58'41" WEST, along and with the boundary between the tract herein described and the North line of the said 1/2 acre Fisher tract, the same being the South line of the said Lots 4, 3 and 2, for a distance of 233.16 feet to a point for corner and from said corner a 5/8" iron rod with a cap stamped "M.W. Whiteley &Associates" set for the Southwest comer of the said Lot 2 and the Northwest corner of the said 1/2 acre Fisher tract bears SOUTH 89058'41" WEST a distance of 141.25 feet; THENCE NORTH 23°02'37" WEST, over and across the said Lots 2 and 1 and parallel and 130 feet perpendicular to the East right-of-way line of Magnolia Avenue and the West line of the said Lots 2 and 1, for a distance of 226.77 feet to a point for comer, said comer being in the North line of the said Lot 1 and the South right-of-way line of La Salle Street and said corner bears SOUTH 89°47'34" EAST a distance of 141.49 feet from a 5/8" iron rod with a cap stamped "M.W. Whiteley &Associates" set for the Northwest comer of the said Lot 1 and the intersection of the East right-of-way line of Magnolia Avenue and the South right-of-way line of La Salle Street; EXHIBIT "A" THENCE SOUTH 89°47'34" EAST, along and with the South right-of-way line of La Salle Street and the North line of the said Lots 1, 3 and 4, for a distance of 321.93 feet to the POINT OF BEGINNING and containing 1.325 Acres, more or less. Z2021-254: Request for a Rezone for a portion of the property from RS (Residential— Single-Family Dwelling) to GC-MD-2 (General Commercial—Multiple-Family Dwelling-2), with a Specific Use Permit to allow a convenience store/restaurant and gas station. Applicant: George Charlton Location: 4050 Magnolia 0 too 200 Feet , ' � ILregend kj Y SA T kJ ;o U•-MO V4 Y�" 5 p4yii� EXHIBIT "B" W Mod �o�dv� z- d : 2Mlt�oE 4 : s : m li �a I I : I : i : I : i : I : I : i : I : I � --- 1.- FND SOU'00'00'W 207.42' MAGNOLIA! j��'V BEAUMONT,TEXAS '4�§�;'g@8�� ;€s QTF PI AN ,19111"Igal EXHIBIT T" 3 October 26,2021 Consider a request for a Specific Use Permit to allow an auto repair shop in an NC(Neighborhood Commercial) District located at 1109 Harriot Street BEAUM© NT TEXAS TO: City Council FROM: Kyle Ilayess, City Manager PREPARED BY: Chris Bootie, Planning & Community Development Director MEETING DATE: October 26, 2021 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an auto repair shop in an NC (Neighborhood Commercial) District located at 1109 Harriot Street. BACKGROUND Guadalupe Bernal would like to operate an auto repair shop at 1109 Harriet Street. An automotive shop is not permitted in NC (Neighborhood Commercial) zoning without a Specific Use Permit. Staff received a complaint that so many vehicles were parked at this location, you could not see around them at the intersection. Upon investigation, it was discovered that the business was operating without a Certificate of Occupancy and had not been used continuously as an auto repair shop so it was not grandfathered. Parking should be limited, to allow for proper maneuvering of vehicles on the property. As an example, storage of junk motor vehicles, for a wrecker service, is limited to ten (10) vehicles without a Specific Use Permit. In addition, Section 28.04.008(b)(9)(C) of the Ordinance states, auto repairing, etc., shall be conducted within a building enclosed on at least three (3) sides." At a Joint Public Hearing held on October 18, 2021, the Planning Commission recommended 4:1 to approve the request for a Specific Use Permit to allow an auto repair shop in an NC (Neighborhood Commercial)District with the following conditions: 1. Maximum of twenty (20) vehicles to be on the property at any given time, including customer and employee parking. 2. All auto repair must be conducted inside the shop. The Zoning Ordinance states, "The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change (has been filed), signed by the owners oftwenty percent (20%) or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred(200)feet therefrom, except by the favorable vote of three fourths (314) of all the members of the City Council. " Protest against this request was received from more than 20%of the land immediately adjoining the subject property. Therefore a vote of three-fourths (3/4)of the City Council shall be required to approve the requested Specific Use Permit. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Maximum of twenty (20) vehicles to be on the property at any given time, including customer and employee parking. 2. All auto repair must be conducted inside the shop. BEAUM© NT Planning s Community Development Case Type:Planning and Zoning Case Status: PENDING Case Sub Type: Specific Use Permit Tag Name: "Eagle Auto Service"Auto Mechanic Case M PZ2021-321 Shop Location: 1109 HARRIOT ST, BEAUMONT,77705 Initiated On:9/21/2021 11:52:16PM Individuals listed on the record: Applicant Guadalupe Bernal Home Phone: 3685 Blossom Dr. Work Phone: Beaumont, TX 77705 Cell Phone: (409)223-2596 E-Mai I: loliscang@hotmall.com Property Owner Dolores Cantu Home Phone: 4625 Prairie Ave. Work Phone: Beaumont,TX 77707 Cell Phone: (409)466-9650 E-Mai I: loliscang@hotmail.com Case Type:Planning and Zoning Page 1 of 2 Case 4:PZ2021-321 Printed On:912212021 BEAUM© NT Planning&Community Development Legal Description JEF CHAISON -5-6 B12 Number of Acres 0.40 Proposed Use Auto Mechanic Shop That the specific use will be The specific use location will be compatible and not be injurious to compatible with and not injurious to staled location the use and enjoyment of other property,nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific The specific use location has and existing commercial building use will not impede the normal and location, concrete parking lot,and carport/canopy and not impede orderly development and improvement the development of the surrounding vacant property of surrounding vacant property; That adequate utilities,access roads, The specific use location has existing utilities, access roads, drainage and other necessary drainage,}ire hydrant, and will support the existing facilities. supporting facilities have been or will be provided The design, location and arrangement The specific use location has existing driveways,and parking spaces of all driveways and parking spaces that provides the safe movement of vehicles and pedestrian traffic. provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention The specific use location has an existing link fence and prevention measures have been or will be taken measures have been taken. to prevent or control offensive odor, fumes,dust, noise and vibration That directional lighting will be The specific use location has existing lighting that will not disturb or provided so as not to disturb or affect the neighboring properties adversely affect neighboring properties That there are sufficient landscaping The specific use location will not need landscaping or screening. and screening to insure harmony and compatibility with adjacent property That the proposed use is in The specific use location had the boundaries shown on the hand accordance with the Comprehensive drawn Site Plan (along with the hand drawn Site Plan plan acknowledgement form). Notes: Case Type: Planning and Zoning Page 2 of 2 Case 4:PZ2021-321 Printed On:9/22I2021 I September 20,2021 Planning and Zoning City of Beaumont 901 Main Street Beaumont,TX 77701 To Whom It May Concern: This letter is to request a Special Use Penn it for the address of 11091 larriot St. Beaumont, TX 77705,the applicant of -Ea,,le Auto Service"will serve as a mechanic shop that provides general vehicle service and up keep. The work days are Monday flu a Saturday and the service hours are from 8:00am to 6:OOpm with Saturday hours from 8:OOam to 2:OOpm and closed on Sundays. The number of employees will be 5 including myself who will be the secretary.Thank you for your consideration on this S.U.P and look forward to hearing from you. V Guadalupe gemal (Applicant) (409)223-2596 3685 Blossom Dr. Beaumont,TX 77705 Dolores Cantu(Owner) (409)466-9650 4625 Prairie Ave. Beatnnmu.TX 77707 [Mcvi(i 101;5 G il. G0M it ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN AUTO REPAIR SHOP IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT 1109 HARRIOT STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Guadalupe Bernal has applied for a specific use permit to allow an auto repair shop in an NC (Neighborhood Commercial) District for property located at 1109 Harriot Street, being Lots 5-6, Block 12, Jef Chaison Addition, Beaumont, Jefferson County, Texas, containing 0.31 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow an auto repair shop in an NC (Neighborhood Commercial) District for property located at 1109 Harriot Street, subject to the following conditions; • Maximum of twenty (20) vehicles to be on the property at any given time, including customer and employee parking; • All auto repair must be conducted inside the shop; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an auto repair shop 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 an auto repair shop in an NC (Neighborhood Commercial) District for property located at 1109 Harriot Street, being Lots 5-6, Block 12, Jef Chaison Addition, Beaumont, Jefferson County, Texas, containing 0.31 acres, more or less, as shown on Exhibit 'A," is hereby granted to Guadalupe Bernal, his 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; • Maximum of twenty (20) vehicles to be on the property at any given time, including customer and employee parking; • All auto repair must be conducted inside the shop. 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 26th day of October, 2021. - Mayor Robin Mouton - Z2021-321 Request for a Specific Use Permit to allow an auto repair shop in an NC Neighborhood Commercial) District. Applicant: Guadalupe Bernal Location: 1109 Harriot Street 0 100 200 Feet g cu• ' o ,Legend NI 'R s t, LL1 L R A D 0 �C ' ilk L AS S a a , y EXHIBIT "A" site I�1a71 I I � i i.5 A W q�r j i 1 i Y V \ 6Fl�4r EXHIBIT "B" 1 4 October 26,2021 Consider a request for a Revised Specific Use Permit to allow a new driveway in a GC-MD-2 (General Commercial—Multiple-Family—2) District located at 622 W. Lucas Drive BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes,, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 26, 2021 REQUESTED ACTION: Council consider a request for a Revised Specific Use Permit to allow a new driveway in a GC-MD-2 (General Commercial— Multiple-Family—2) District located at 622 W. Lucas Drive. BACKGROUND Brian Dunigan is requesting a Specific Use Permit to allow a new driveway at 622 W. Lucas Drive. Given the multiple iterations of the proposed layout of this site, it is important to provide a chronology of the history to the project. In February of 2011, Darlene Manna was approved for a revised Specific Use Permit at this location(see"Exhibit A"). The approved site plan did not have any driveways accessing the residential cul-de-sac to the east. In 2016, a driveway was poured for Quinchies without approval from planning. In December 2020,plans were submitted for preliminary review for the interior build-out of the cookie shop in question but did not reflect any additional driveways or curb cuts to the street to the east. The plans for the cookie shop were approved but conditioned as"Interior Only-SUP 201 L" In February 2021.plans for a new driveway were submitted to Engineering staff for design review. The plans received a favorable review from Engineering,but were never reviewed by Planning or Building Codes and no permit was ever issued for its construction. Later in February 2021, the plans for the cookie shop were formally submitted with a permit application for construction, with no indication of a new drive, curb cut or drive-through included in the request. The plans submitted with the permit application were reviewed and approved by all departments, but with the condition that the work would be"interior only"due to the SUP being site-plan specific. This information was also verbally conveyed to the applicant. The"interior-only"permit was issued on March 9,2021. In July of this year, Mr. Dunigan was completing the buildout of a new cookie company, when he submitted plans for a permit for an additional driveway onto the north cul-de-sac behind the building for a new drive-through window. This permit for the new curb cut was denied as it was not shown on the approved 2011 SUP site plan. The applicant then applied for an amendment to the 2011 SUP to request approval of the new, second driveway way along with the Quinchies driveway (see"Exhibit B"). In August, City Council approved the amended SUP with the existing Quinchies driveway to the north but denied the new driveway. Mr. Dunigan is now requesting an amendment to the August 2021 SUP to reconfigure the interior parking and access drives and to build a driveway that will circle around the rear of the existing building,providing access to a new drive-through window on the rear of the building (see "Exhibit C'). No new curb cut to the residential street to the east is proposed but will utilize the existing curb cut. Engineering has reviewed the proposed layout and has no objections,provided the layout is designed to minimize traffic conflicts within the site. At a Joint Public Hearing held on October 18, 2021, the Planning Commission recommended 4:1 to approve the request for a Revised Specific Use Permit to allow a new driveway in a GC-MD-2 (General Commercial—Multiple-Family-2)District with the following conditions: 1. Drive way for drive-through must be one way only and parking lot should be marking with on-way arrows. 2. Pavement at the intersection of the two drives should be marked and signed to discourage the blocking of traffic coming from the new driveway. 3. Driveway shall be a minimum of ten (10) feet in width and that the plan be surveyed by a licensed surveyor. The Zoning Ordinance states, "The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change (has been filed), signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred(200)feet therefrom, except by the favorable vote ofthree-fourths (314) of all the members ofthe City Council." Protest against this request was received from more than 20% of the land immediately adjoining the subject property. Therefore a vote of three-fourths (3/4) of the City Council shall be required to approve the requested Revised Specific Use Permit. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Drive way for drive-through must be one way only and parking lot should be marking with on-way arrows. 2. Pavement at the intersection of the two drives should be marked and signed to discourage the blocking of traffic coming from the new driveway. 3. Driveway shall be a minimum of ten (10)feet in width and that the plan be surveyed by a licensed surveyor . Exhibit A Site plan approved in 2011 . Q - - �� Exhibit B - Site plan from August 2021 2016 "Quenchies" driveway approved by I I City Council 8/2021. Cookie company driveway denied ! I y \ 8/2021. 1 I I 7M� EXHIBIT"B" i Exhibit C - Current request +x fx i LOT 13 LOi IS G n 9f \ �L CQ LOT 12 LOT 12 1 � 3 $ 'T9 LOT 11 rot F :OT 11- G � I . 57 ACHES �a LOT IO IT 1 0 rVA Wig i 'CT9 T III OT U 1 Lora � wvsl a • r++ w LOi 3 0 I LOT g mrI l030? U).Luf AS 0 0 30 BO Scale 1" = 20' } BEAUM© NT Planning &Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type:Specific Use Permit Tag Name:Amended SUP for CharLee And The Case#: PZ2021-304 Cookie Factory Location: 622 W LUCAS DR, BEAUMONT,77706 Initiated On:9/8/2021 4:35:47PM Individuals listed on the record: Applicant Brian Dunigan Home Phone: 4092840686 1910 21 at, St. Work Phone: Beaumont,TX 77706 Cell Phone:4092840686 E-Mail: hdconstruction@icloud.com Property Owner Darlene Hanna Home Phone: 4093634570 770 Carolyn St. Work Phone: Winnie, TX 77665 Cell Phone: 4093634570 E-M ai I: ladybucsg@aol.com Case Type:Planning and Zoning Page 1 of 2 Case 4:PZ2021-304 Printed On:9/2112021 BEAUM© NT Planning & Community Development Legal Description LTS 9-13 TR 1 LT 8 TR 2 BLK 1 CALDER HIGHLANDS Number of Acres 1.06 Proposed Use Bakery That the specific use will be Yes it will be compatible. compatible with and not injurious to the use and enjoyment of other property,nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific It will not. use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities,access roads, Yes it will be provided drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement Yes it will be safe of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention Yes it will prevented measures have been or will be taken to prevent or control offensive odor, fumes,dust,noise and vibration That directional lighting will be Directional lighting will be provided provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping Landscaping will be provided and screening to insure harmony and compatibility with adjacent property That the proposed use is in Yes,will be in accordance accordance with the Comprehensive Plan Notes: Case Type: Planning and Zoning Page 2 of 2 Case#: PZ2021-304 Printed On:9/21/2021 I, Darlene Hanna, are requesting to add a 10'X100' drive thru (driveway) on the back of my property that does not protrude into the city s right of way. The drive thru window will be located at 622 W. Lucas Dr., Suite B. All traffic flow will be on my property as drawn on plans. As drawn on the plans, this drive thru (driveway) will not affect the available parking spaces on this property. Hours of operation: Monday-Sunday 7:00 a.m.-7:00 p.m. Number of employees-4 No security will be needed. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW ONE (1) DRIVEWAY ACCESSING THE NORTH CUL-DE-SAC OF W. LUCAS IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT AT 622 W. LUCAS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on March 8, 2011, the City Council of the City of Beaumont, Texas passed Ordinance No. 11-019 granting a specific use permit to allow for a retail strip center including a hamburger restaurant, insurance agency, retail t-shirt store, jewelry store and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas in the City of Beaumont, Jefferson County, Texas; and, WHEREAS, on August 24, 2021, the City Council of the City of Beaumont, Texas passed Ordinance No. 21-051 approving an amended specific use permit to allow one (1) driveway accessing the north cul-de-sac of W. Lucas in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas Drive in the City of Beaumont, Jefferson County, Texas; and, WHEREAS, Brian Dunigan has applied for an amendment to the amended specific use permit to allow a new driveway for a bakery in a GC-MD-2 (Multiple Commercial- Multiple Family Dwelling-2) District at 622 W. Lucas Drive, being Lots 9-13, Tract 1 and Lot 8, Tract 2, Block 1, Calder Highlands Addition, Beaumont, Jefferson County, Texas, containing 1.06 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 allowing a new driveway in a GC-MD-2 (General Commercial Multiple Family Dwelling-2) District at 622 W. Lucas Drive, subject to the following conditions, • Driveway for drive-through must be one way only and parking lot should be marked with one-way arrows; • Pavement at the intersection of the two drives should be marked and signed to discourage the blocking of traffic coming from the new driveway; • Driveway shall be a minimum of ten (10) feet in width and that the plan be surveyed by a licensed surveyor; and, WHEREAS, the City Council is of the opinion that approving the issuance of such amendment to the amended specific use permit for a new driveway for a bakery at 622 W. Lucas Drive is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That Ordinance No. 21-051 be amended by amending the specific use permit to allow a new driveway for a bakery in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622. W. Lucas Drive, being Lots 9-13, Tract 1 and Lot 8, Tract 2, Block 1, Calder Heights Addition, Beaumont, Jefferson County, Texas, containing 1.06 acres, more or less, is hereby granted to Brian Dunigan, his 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: • Driveway for drive-through must be one way only and parking lot should be marked with one-way arrows; • Pavement at the intersection of the two drives should be marked and signed to discourage the blocking of traffic coming from the new driveway; • Driveway shall be a minimum of ten (10) feet in width and that the plan be surveyed by a licensed surveyor. Section 2. That the specific use permit granted by Ordinance No. 21-051 is hereby amended 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 original site plan approved by Ordinance No. 21-051, as amended herein, 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 26th day of October, 2021. - Mayor Robin Mouton - Z2021-304: Request for a Revised Specific Use Permit to allow a new driveway in a GC- 2 (General Commercial—Multiple-Family—2) District. Applicant: Brian Dunigan Location: 622 W. Lucas Drive 0 100 200 1 Feet Legend lit i F4' l , P Y f 1 G f'y � G2w•, ! a n .Y L r ! MD jp _ P EXHIBIT "A" Current site plan with Engineering Department mark-ups r, x ) ExISTxGPAVEASFxTTGaEVAwlEoxnuaraaTo oEREAT , E.MMOSasr0rnsma xa0wo LOT 13 � LO' IS 1gEEpIM1XEFgGYb®MNFnWJ EX 'IN AR CEGNXIIIEVFMFr APPgC RIOgEMANA5L5 APPIOk LOCATION tlUINCNIE5ECATING � .A LOT 12 OflIVE-MRU WNO WI To IN LOT 12 A 4A � 'Yy ORMAYEOSTCYSGNIACINGSGRNWTIq SU ALOI . ...N.ERFINGWRITTURR. LOT 11LOT 11 ''�,� 1 ////vRavasEGAwuLT / owrE.mw Lv�E11a.1aot O I m rtrtrt... RION C!-w2r . 57 ACRES `•, _ ... .. OIPEC1KKI f£1MEFMflW1 LOT 10 10 �. J E�INEPRCPoSF➢ N 0.iN6TAU.NOE FFPPESFHEATM1E Cf PMWSF4 0 ��` � ` H` PAVEYEMMAN{IgGB LOT 9 ALL EACTING PARKING LOT 9 SPACES TO REMAIN 1016 hh,N. IT G < I,r9l>e' r(S W lOi a I LOi 3 w� ' ^ •,' � Io, to, r J - _ 0 0 I I Scale 7'r = 20' EXHIBIT "B" DISCUSSION ITEM * Review and discuss the possible rebranding of the Beaumont Municipal Transit System