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JAN 07 2025-PACKET
REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JANUARY 07, 2025 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communication Update RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-5, 9 & 10 (or any other topic). Items 6-8 have already been heard in a Public Hearing therefore, citizens cannot speak on those items. 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. Council to consider approving the December 17, 2024, City Council meeting minutes. B. Council consider a Resolution authorizing the City Manager to execute a Grant Agreement with Legacy CDC for the non -congregate shelter units project outlined in our HOME -ARP plan. C. Council consider a resolution approving the renewal of an annual maintenance agreement from Azteca Systems, LLC of Sandy, UT for use by several city departments. D. Council consider a resolution changing authorized signatories for any institution the City Council has already designated or may designate as a depository for the City of Beaumont for banking and investment accounts. E. Council consider a resolution requesting a change in investment authority for the City of Beaumont F. Council consider a resolution approving a five-year lease purchase agreement with KS State Bank located in Manhattan, Kansas related to the purchase of a fire truck. REGULAR AGENDA 1. Council consider a resolution supporting the relocation of two (2) State Historical Markers. 2. Council consider a resolution authorizing the City Manager to execute Change Order No. 6 to the contract with Callan Marine, Ltd., for the Riverfront Park Restoration Project. 3. Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Fannin Street and 11th Street Storm Sewer Point Repair and Cavity Repair Emergency Project. 4. Council consider a Resolution authorizing the City Manager to use transit -revenue vehicle services for emergency evacuations during natural or man-made disasters, following an imminent threat or an emergency declared by the President, Governor, or the Mayor of the City of Beaumont, or in emergency situations requiring immediate action. 5. Council to consider an ordinance authorizing participation in regulatory proceedings of Entergy Texas, Inc. in 2025. 6. Council consider a request for a Specific Use Permit to allow a drinking place in a GC- MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 3100 N. Major Drive, Building C, Suite 5. 7. Council consider a request for a Specific Use Permit to allow a vehicle storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 5525 Cole Street. 8. Council consider a request for an Amended Specific Use Permit to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices on the GC-MD-2 (General Commercial Multiple Family Dwelling- 2) District portion of the property for property located at 3100 N. Major Drive. PUBLIC HEARING Council to conduct a Public Hearing to consider an ordinance to declare 328-338 Bowie and 486-498 Pearl Street, also known as "The Gilbert Building," as imminent Danger and order the owner to raze the said structure within 5 days. If the property owner fails to comply within 5 days, staff is requesting City Council authorization to demolish said structure without further notification to the property owner or City Council action. Council to conduct a public hearing to consider finding and ratifying the determination of the Public Health Director that a public health nuisance exist on the property located at 5150 Laurel Avenue with the legal description of MAPLEWOOD-2 L 19 B7. REGULAR AGENDA 9. Council consider an ordinance to declare 328-338 Bowie & 486-498 Pearl Street, also known as "The Gilbert Building," as Imminent Danger and order the owner to raze the said structure within 5 days, staff is requesting City Council authorization to demolish said structure without further notification to the property owner or City Council action. 10. Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property at 5150 Laurel Avenue with the legal description of MAPLEWOOD-2 L19 B7. WORK SESSION Council to review and discuss Mural Fest. Council to review and discuss the FY 2025 Budget and Budget Process. COUNCIL COMMENTS ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. I_1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: January 7, 2025 REQUESTED ACTION: Council to consider approving the December 17, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - December 17, 2024. MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, At -Large ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Mayor Pro Tern CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III DECEMBER 17, 2024 Chris Durio, Ward IV Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on December 17, 2024, 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 * Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1 - 12 & 16. (or any other topic). Items 13-15 have already been heard in a Public Hearing therefore, citizens can't speak on those items. Mayor West called the council meeting to order at 1:30 p.m. Pastor Andrew Wilson with Revival Culture Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tern Neild, Councilmembers Durio, Getz, Turner, Feldschau and Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-12 & 16 (or any other topic). Items 13-15 have already been heard in a Public Hearing therefore, citizens can't speak on those items. (Public comments can be heard or seen at the City of Beaumont website at beau monttexas. gov) Jerome Alexander 1118 Evalon St. Beaumont TX Albert Harrison 1240 Ashley Beaumont TX Minutes— December 17, 2024 Charlie Crabbe 928 East Dr. Beaumont TX Sheridan Jefferson 4785 Lufkin Beaumont TX Carlton Sharp 5150 Plant Rd. Beaumont TX Rev. Airon Reynolds Jr. 6945 Salida Ln. Beaumont TX Vernon Durden 11436 Westbury Rd. Beaumont TX 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. Council to consider approving the December 3, 2024, City Council meeting minutes. B. Council to consider a resolution authorizing the settlement of Khalid Mahmood v. City of Beaumont, Cause No. E-198,371 — Resolution 24-324 C. Council to consider a resolution approving the engine assembly replacement on a Gradall XL31001V Excavator for use by the Streets Department — Resolution 24-325 D. Council to consider a resolution approving the engine replacement on a Mustang Cat 725 Dump Truck used at the landfill — Resolution 24-326 E. Council to consider a resolution approving the purchase of ammunition for the Police Department — Resolution 24-327 F. Council to consider a resolution approving the purchase of tire cutting machine for use at the Landfill — Resolution 24-328 G. Council to consider a resolution authorizing the City Manager or his designee to apply and receive funding in an amount up to $981,000.00 through the Department of Homeland Security's Assistance to Firefighters Grant Program (AFG) — Resolution 24- 329 H. Council to consider authorizing the City Manager to amend Section 9 of the Neighborhood Empowerment Zone Agreements between the City of Beaumont and Diamond Homes LLC, KCG Prado Place LP, and T.W. Calder LLC to provide economic development incentives — Resolution 24-330 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Minutes— December 17, 2024 REGULAR AGENDA 1. Council to consider a resolution correcting wording in Resolution 24-311. On December 3, 2024, the Council approved cost of living increases and additional compensation for the City Manager, City Attorney, City Clerk, and the Chief Magistrate with the adoption of Resolution 24-311. The resolution paragraphs that address compensation for the City Manager and City Attorney are confusing. The resolution is being amended to reflect and align with the appointment resolutions of the City Attorney (Resolution 21-339) and the City Manager (Resolution 22-190). Approval of the resolution. Councilmember Getz moved to table the item until after Council has had an opportunity to discuss this in Executive Session which is towards the end of the meeting. Mayor Pro Tern Neild seconded the motion. After further discussion it was decided that Council would recess into Executive Session to discuss item #1 which falls under the item that was already posted for Executive Session. Council recessed into Executive Session at 2:00 p.m. EXECUTIVE SESSION On a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter in accordance with Section 551.071 of the Government Code: ■ Opinion of the City Attorney regarding compensation. Council reconvened into Regular Session at 2:43 p.m. All Councilmembers were present. Council to consider a resolution correcting wording in Resolution 24-311. On December 3, 2024, the Council approved cost of living increases and additional compensation for the City Manager, City Attorney, City Clerk, and the Chief Magistrate with the adoption of Resolution 24-311. The resolution paragraphs that address compensation for the City Manager and City Attorney are confusing. The resolution is being amended to reflect and align with the appointment resolutions of the City Attorney (Resolution 21-339) and the City Manager (Resolution 22-190). Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE FOREGOING COMPENSATION, ALL OTHER COMPENSATION, ALLOWANCES, BENEFITS, TERMS AND CONDITIONS Minutes— December 17, 2024 OF EMPLOYMENT WITH THE CITY OF BEAUMONT SHALL BE PURSUANT TO THE CITY POLICY AND THE CHARTER OF THE CITY OF BEAUMONT, AS WITH OTHER CIVILIAN EMPLOYEES, THIS RESOLUTION SHALL BE EFFECTIVE OCTOBER 1, 2024. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-311-A 2. Council to consider authorizing the Beaumont Convention and Visitors Bureau to apply for the Tourism Friendly Texas program through the Office of the Governor to earn the Tourism Friendly designation for the city. The Tourism Friendly Texas Certified Community program is a new designation created to encourage communities across Texas to pursue tourism as an economic development strategy and provide resources to support those efforts. The Beaumont Convention Visitors Bureau would like to apply for this designation to achieve the program goals: strengthen relationships with existing community partners, educate local leaders on the importance of tourism as a tool for economic development and job creation, encourage participation in state government programs available for tourism development, assist small or rural communities with limited tourism resources. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO GRANT THE BEAUMONT CONVENTION AND VISITORS BUREAU TO APPLY FOR THE TOURISM FRIENDLY TEXAS PROGRAM THROUGH THE OFFICE OF THE GOVERNOR TO EARN THE TOURISM FRIENDLY DESIGNATION FOR THE CITY OF BEAUMONT. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-331 3. Council to consider a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Windemere Subdivision, Section Five. Windcastle Development, Inc., extended Windmeadow Drive approximately 785 linear feet east and south from existing Windcrest Drive to existing Windcastle Steet. Minutes— December 17, 2024 Recommended for acceptance are the right-of-way improvements only, including pavement, storm sewer, water, and sanitary sewer infrastructure for Windemere Subdivision, Section Five. The improvements passed a final inspection by all stakeholder entities on December 2, 2024. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE STREET, STORM SEWER, WATER AND SANITARY SEWER IMPROVEMENTS IN WINDEMERE SUBDIVISION, SECTION 5, RIGHT- OF-WAY ONLY, WITH THE EXCEPTION OF STREETLIGHTS, ARE HEREBY ACCEPTED BY THE CITY OF BEAUMONT AND SHALL BE CONTINUOUSLY MAINTAINED BY THE CITY CONTINGENT UPON FILING OF THE FINAL PLAT, COMPLETE WITH FILINGS OF DEDICATION OF ALL RIGHTS -OF -WAY AND EASEMENTS REQUIRED ON THE PRELIMINARY AND FINAL PLATS AND INSTALLATION OF THE STREETLIGHTS. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-332 4. Council to consider a resolution authorizing the City Manager to execute related documents to acquire property located at 1550 Pine and 727-735 Catalpa Street. The City of Beaumont is seeking to purchase a property from the Church of the Living God in the amount of $37,000 to improve sludge removal at the Beaumont Surface Water Treatment Plant located at 1550 Pine. The property is identified as being a 0.4514-acre tract of land situated in the James Drake Survey, Abstract No. 18, in the City of Beaumont, Jefferson County, Texas located at 1599 Pine Street and 727-735 Catalpa Street. The property was appraised by Cooks & Associates, Inc. with a value of $37,000. The date of closing will be on or after January 2, 2025. The funding will come from the CIP Water System Improvements. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL RELATED DOCUMENTS TO PURCHASE PROPERTY LOCATED AT 1599 PINE STREET AND 727-735 CATALPA STREET CHURCH OF THE LIVING GOD IN THE AMOUNT OF $37,000.00 TO IMPROVE SLUDGE REMOVAL AT THE BEAUMONT SURFACE WATER TREATMENT PLANT LOCATED AT 1550 PINE STREET. Councilmember Durio seconded the motion. Minutes— December 17, 2024 AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-333 5. Council to consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Cattail Marsh Levee Emergency Repair Project. The City of Beaumont Public Works was notified by staff at the Cattail Marsh Wetlands that a section of the levee between Cell 1 and Hillebrandt Bayou is failing and requires emergency repairs. Due to the proximity of the Cattail Marsh Wetlands Cell 1 to Hillebrandt Bayou and the risk of a complete failure of the levee resulting in large amounts of wastewater spilling into Hillebrandt Bayou, Public Works/Engineering and Water Utilities have determined that the repair of this levee must be performed on an emergency basis. On December 3, 2024, the City obtained a time and materials proposal not to exceed the amount of $128,771.00 from Brystar Contracting, Inc., to make the repairs to the levee and exterior side slope. Funds will come from the Water Utilities General Fund. Approval of the resolution. Councllmember Durlo moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO AWARD A CONTRACT TO BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS, FOR THE CATTAIL MARSH LEVEE EMERGENCY REPAIR PROJECT, IN AN AMOUNT NOT TO EXCEED $128,771.00. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-334 6. Council to consider a resolution authorizing the City Manager to execute Change Order No. 11 to the contract with ALLCO LLC, of Beaumont, for the Collier's Ferry Pump Station Project. On April 12, 2022, by Resolution No. 22-108, City Council awarded a contract to Allco, LLC, of Beaumont, TX, in the amount of $25,088,259.00 for the Collier's Ferry Pump Station Project. Minutes— December 17, 2024 There were previous change orders 1-10 in the amount of $1,570,422.46. There was a previous change order No. 11 in the amount of ($77,297.10), that is required for the following modifications to the contract: • Supply and installation of approximately 150 feet of 4-inch raw water line from the Collier's Pump Station to the existing raw water line that supplies irrigation water to the Beaumont Country Club. • Supply and installation of four flange spacers to resolve conflict between the butterfly valves and gate valves on each of the four pipes at the pump station header. • Upsizing of the existing and proposed sections of 24" storm culvert under the new access road and Pine St. to a 3' x 2' box culvert, for increased capacity and more efficient handling of large storm events. • Removal of three trees in close proximity to the new infrastructure; and • Revision of the roadway structure specifications to match that of the 48-inch Pine St. Raw Water Line project. These changes will result in an overall credit to the project and will add an additional 60 calendar days to the contract time. If approved, Change Order No. 11 would result in a new contract amount of $26,581,384.36. Funds will come from Certificates of Obligation and FEMA. Approval of the resolution. Councllmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT CHANGE ORDER NO. 11, IN THE AMOUNT OF ($77,297.10), FOR THE CONTRACT AWARDED TO ALLCO, LLC., OF BEAUMONT, TEXAS, THEREBY MAKING THE NEW CONTRACT AMOUNT $26,581,384.46, FOR THE COLLIER'S FERRY PUMP STATION PROJECT; AND THAT SIXTY (60) ADDITIONAL CALENDAR DAYS ARE ADDED TO THE CONTRACT. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-335 7. Council to consider a resolution authorizing the City Manager to execute Change Order No. 8, accept maintenance, and authorize final payment to Pro -Pipe, Inc., of Irvine, California for the Sewer Evaluation Work Order Contract — Phase IV. On December 14, 2021, by Resolution No. 21-336, City Council awarded a contract to Pro -Pipe, Inc., of Irvine, California, for the Sewer Evaluation Work Order Contract — Phase IV Project in the amount of $370,000.00. Minutes— December 17, 2024 There were previous Change Order Nos. 1-7 in the amount of $47,239.48. Proposed Change Order No. 8, in the amount of ($160,825.45), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project and to add an additional 147 calendar days to reflect the actual time used in the completion of the project. If approved, the final contract amount will be $256,414.03. The project has been inspected by Water Utilities Staff and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 8, maintenance, and final payment in the amount of $12,820.70 is recommended. Funds will come from the American Rescue Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT CHANGE ORDER NO. 8, ACCEPT MAINTENANCE, AND MAKE FINAL PAYMENT TO PRO -PIPE, INC., OF IRVINE, CALIFORNIA, IN THE AMOUNT OF $12,820.70, FOR THE SEWER EVALUATION WORK ORDER CONTRACT — PHASE IV PROJECT; AND, THAT ONE HUNDRED AND FORTY-SEVEN (147) ADDITIONAL CALENDAR DAYS ARE ADDED TO THE CONTRACT. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-336 8. Council to consider a resolution authorizing an agreement to apply for available Federal tax credits for the Municipal Transit use of CNG fuel. TransTax Advisors of Savannah, Georgia provides a service to apply on behalf of the city for available tax credits offered by the IRS under the Inflation Reduction Act. The Act offers a tax incentive available up to $.50 per gallon for alternative fuels, including CNG, that is utilized by the City's transit buses. It is estimated that the city may receive approximately $300,000 if approved for the years 2021-2024. TransTax Advisors will be paid 25% of any rebate City is approved for. If the rebates are denied, then there will be no fees charged to the city for the service. The vendor is being utilized as a Professional Service provider. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BEAUMONT, AND TRANSTAX ADVISORS, OF SAVANNAH, GEORGIA, TO APPLY FOR AVAILABLE FEDERAL TAX Minutes- December 17, 2024 CREDITS FOR THE MUNICIPAL TRANSIT USE OF CNG FUEL IN AN AMOUNT UP TO $300,000.00. Mayor Pro Tern Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-337 9. Council to consider a resolution authorizing the City Manager to execute related documents to acquire property known as Steve Drive. The City of Beaumont is seeking to purchase a tract of land owned by Minnie Palumbo Zummo and Anthony Zummo in the amount of $21,000. The purpose of this purchase is to transfer the private street into a public right-of-way and improve the roadway. The property is identified as being a 0.4553-acre tract of land situated in the A. Williams Survey, Abstract No. 385, in the City of Beaumont, Jefferson County, Texas known as Steve Drive. The property was appraised by Cooks & Associates, Inc. with a value of $21,000. The date of closing will be on or after January 2, 2025. Funds will come from the General Fund. Approval of the resolution. Councllmember Durlo moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL RELATED DOCUMENTS TO PURCHASE PROPERTY KNOWN AS STEVE DRIVE FROM MINNIE PALUMBO AND ANTHONY ZUMMO IN THE AMOUNT OF $21,000.00 TO TRANSFER THE PRIVATE STREET INTO A PUBLIC RIGHT-OF-WAY AND IMPROVE THE ROADWAY. Mayor Pro Tern Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-338 10. Council to consider granting a new solid waste transportation service agreement for Superior Waste Solutions. According to the City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first Minutes— December 17, 2024 11 having obtained a franchise from the City. Nine (9) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Superior Waste Solutions has new ownership and accordingly has requested that the City Council grant the company such a franchise agreement. Superior Waste Solutions serves Beaumont and Baytown, Texas with its corporate office located at 5565 Erie Street, Beaumont, Texas. The requested franchise is generally the same as those previously approved by the City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to the City Charter, the franchise ordinance requires a reading at one (1) Council meeting, The ordinance does not take effect until thirty (30) days after its adoption and approval by City Council. After the passage of a franchise ordinance, the full text of such ordinance shall be published on the City's website. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of Ordinance. Councllmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO SUPERIOR WASTE SOLUTIONS. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-075 Council to consider granting a new solid waste transportation service agreement Hotchkiss Disposal Services Ltd. According to the City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Nine (9) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Hotchkiss Disposal Services Ltd. has requested that the City Council grant the company such a franchise agreement. Hotchkiss Disposal Services, Ltd., serves the Baytown, Winnie- Stowell, Hamshire-Fannett, Labelle, Cheek and surrounding Texas areas, with its corporate office located at 4219'/2 North Highway 146, Baytown, Texas 77520. Minutes— December 17, 2024 The requested franchise is generally the same as those previously approved by the City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to the City Charter, the franchise ordinance requires a reading at one (1) Council meeting, The ordinance does not take effect until thirty (30) days after its adoption and approval by City Council. After the passage of a franchise ordinance, the full text of such ordinance shall be published on the City's website. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO HOTCHKISS DISPOSAL SERVICES, LTD. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-076 12. Council to consider granting a new solid waste transportation service agreement for GFL Plant Services LP. According to the City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Nine (9) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. GFL Plant Services LP has requested that the City Council grant the company such a franchise agreement. GFL Plant Services LP serves facilities throughout Canada and in over 25 states in the United States with its corporate office located at 100 New Park Place, Suite 500, Vaughn, Ontario, Canada L4K 01-19. The requested franchise is generally the same as those previously approved by the City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to the City Charter, the franchise ordinance requires a reading at one (1) Council meeting, The ordinance does not take effect until thirty (30) days after its adoption and approval by City Council. After the passage of a franchise ordinance, the full text of such ordinance shall be published on the City's website. Minutes— December 17, 2024 A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of the ordinance. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO GFL PLANT SERVICES, LP. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-077 13. Council to consider an ordinance to amend Sections 28.03.023 and 28.04.008 of the City of Beaumont `s Code of Ordinances. In 2006, Ordinance No. 06-062 amended the permitted use table to require a Specific Use Permit for all uses in the CBD. Planning staff is recommending some amendments to the permitted use table, Section 28.03.023 of the City's Code of Ordinances, to streamline permitting and occupancy of appropriate uses within the Central Business District. Additionally, the Planning staff are recommending amendments to the special conditions, Section 28.04.008 of the City's Code of Ordinances, to address accessory dwelling units (ADU) and shipping containers within the City of Beaumont. Currently, ADUs, also known as mother:lin-law suites, require a Specific Use Permit within low density residential districts. Planning staff proposes to amend Section 28.04.008(b)(6) of the City's Code of Ordinances to allow ADUs within the A-R, R-S, RCR, and RCR-H zoning districts by right if occupied by family members of the person who resides in the principal dwelling. This amendment will provide affordable housing options and increase housing density without significantly altering neighborhood character. Additionally, ADU offers multi -generational living, aging in place, and adaptation to ever -changing household needs. Lastly, the Planning staff wishes to amend Section 28.04.008(b)(30). Existing ordinances do not allow for shipping containers to be used as storage unless they are located within industrial zoning districts. Planning staff would like to amend this to allow usage of shipping containers as storage within the GC -MD and industrial zoning districts. If the structure is used for storage in GC -MD district, it must be completely screened from public view along any street right-of-way by fencing, landscaping or other approved methods. It is recognized that using shipping containers as structures is an emerging trend because they offer a cost-effective, durable, and eco-friendly alternative to traditional construction. Planning staff encourages the integration of art within occupiable commercial spaces to enhance the aesthetic quality, community engagement and user experience. All federal regulations, state laws, local ordinances and adopted codes shall be adhered to with installation or reconfiguration of the containers. Minutes— December 17, 2024 At a Joint Public Hearing held on November 25, 2024, the Planning Commission recommended 6:0 to approve proposed amendments to Sections 28.03.023 and Section 28.04.008 of the City of Beaumont `s Code of Ordinances. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 28.03.023 AND SECTION 28.04.008 OF THE CODE OF ORDINANCES. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-078 14 Council to consider a request for a Specific Use Permit to allow a duplex in an R-S (Residential -Single Family Dwelling) District for property located at 6795 Highway 105. Le's Family Investment is requesting approval of a Specific Use Permit to allow a duplex at 6795 Highway 105. The duplex will be a new construction, and the developer intends to rent the units. Parking will be provided within the driveway for each unit. The intent of the project is to expand housing options to the community and promote infill development of vacant properties. According to our City's Comprehensive Plan the property is located within the "Contemporary Neighborhood Design Concept," such areas allow "for a diversity of housing types and convenient access to parks, schools and shopping centers while still protecting single-family residential areas from intrusion of incompatible land uses and vehicular traffic." This request appears to align with our City's Comprehensive Plan of Beaumont. At a Joint Public Hearing held on November 25, 2024, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a duplex in an R-S (Residential F1 Single Family Dwelling) District for property located at 6795 Highway 105, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. Approval of the ordinance, with the following conditions: Minutes— December 17, 2024 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. Mayor Pro Tern Nelld moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX IN AN R-S (RESIDENTIAL -SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6795 HIGHWAY 105, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-079 15. Council to consider a request to amend the conveyance and dedication of private streets and infrastructure to the City of Beaumont. Scott Hollemon and the heirs of the A.J. Fasulo Estate have requested that the City of Beaumont accept maintenance of the private drive east of Wescalder Road and north of Baker Road, and its infrastructure. The Planning Commission tabled this request on a couple of occasions for staff and/or the applicant to return with supporting data. On March 18, 2024, the Planning Commission recommended denial of the request, however, the City Council found the request to be in the best interest of the City and approved the dedication with conditions on August 6, 2024. This item has returned for consideration to amend the original request to include the drainage way so the city may perform necessary improvements to serve the neighborhood. The drainage way is owned by the heirs of the A.J. Fasulo Estate. At a Joint Public Hearing held on November 25, 2024, the Planning Commission recommended 6:0 to approve the request to amend the conveyance and dedication of private streets and infrastructure to the City of Beaumont, with the following condition: 1. A plat produced by a licensed surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure. Approval of the ordinance, with the following condition: 1. A plat produced by a licensed surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE CONVEYANCE AND DEDICATION OF PRIVATE STREETS AND INFRASTRUCTURE, WITH THE CONDITION, TO THE CITY OF BEAUMONT. Councilmember Samuel seconded the motion. Minutes— December 17, 2024 AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-080 PUBLIC HEARING Council to conduct a Public Hearing finding and ratifying the determination of the Public Health Director that the public health nuisances exist on the property at MC FADDIN HTS LTS 11-13 TR 2 LTS 14 & 15 TR 1 B 27 for the property owned by 606 Harold, LLC Public Hearing Open: 3:13 p.m. None Public Hearing Close: 3:15 p.m. REGULAR AGENDA 16. Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property at MC FADDIN HTS LTS 11-13 TR 2 LTS 14 & 15 TR 1 B 27 for the property owned by 606 Harold, LLC. According to Beaumont's Code of Ordinances Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air, or food a hazard or injury to human health is hereby declared to be a nuisance. The legal description and violations of this property are MC FADDIN HTS LTS 11-13 TR 2 LTS 14 & 15 TR 1 B 27 Litter Control, Rodent Harboring Conditions, and Mosquito Breeding Conditions. If the property owner fails to comply within ten (10) days, staff is requesting the authorization of the City Council to clean the property and or authorize the City Attorney to seek legal action to have the nuisance abated. Approval of the ordinance. COuncllmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT MCFADDIN HTS, LTS 11-13, TR 2, LTS 14 & 15, TR 1, B 27, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNER(S) HAVE TEN (10) DAYS TO COMPLY. Mayor Pro Tern Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Minutes— December 17, 2024 ORDINANCE 24-081 WORKSESSION Downtown Proactive Code Enforcement Update COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: ■ The claim of Airon Reynolds, Jr. Open Session of the meeting adjourned at 3:38 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes— December 17, 2024 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: January 7, 2025 REQUESTED ACTION: Council consider a Resolution authorizing the City Manager to execute a Grant Agreement with Legacy CDC for the non - congregate shelter units project outlined in our HOME -ARP plan. BACKGROUND On October 10, 2023, City Council approved Resolution Number 23-289 to award $1,572,124 in HOME -ARP funds for the acquisition and/or development of non -congregate shelter units (NCS) to Legacy Community Development Corporation. The NCS units are specifically to house qualifying populations in the City of Beaumont that are experiencing homelessness or at risk of experiencing homelessness. Legacy Community Development Corporation is proposing to acquire 2670 Broadway, an 8-unit multi -family complex for $560,000.00. Legacy proposes to designate all 8 units as for NCS for the restricted use period (three years) for this project, as outlined and required by HUD. The units will then transition to permanent supportive housing for low-income residents upon request by Legacy and approval by the City of Beaumont. This action was previously approved on December 3, 2024, via Resolution 24-322 for a greater sale price. The sale price has been reduced based on the appraisal report received December 9, 2024. The additional eligible expenses related to this project are attached in the project budget with the total amount being $791,000.00. This activity has been approved by HUD, as well as the City Council in the adoption of our HOME -ARP Plan in Resolution Number 23-087 on March 24, 2023. HUD requires that a written Grant Agreement be in place identifying a specific location for the NCS units. Should the offer be accepted for the purchase of this property, Legacy has a 45-day feasibility period to perform inspections and determine that the location meets all minimum property standards outlined in the HOME ARP CPD Notice 21-10. FUNDING SOURCE U.S. Department of Housing and Urban Development American Rescue Act 2021. RECOMMENDATION Approval. ATTACHMENTS Draft Grant Agreement Project Budget Survey 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 enter into a Grant Agreement with Legacy Community Development Corporation in the total amount of $791,000.00, in HOME - ARP funds for the acquisition and/or development of non -congregate shelter units (NCS) to Legacy Community Development Corporation; and, THAT Legacy Community Development Corporation is proposing to acquire 2670 Broadway Street, Beaumont, Texas, which contains an 8-unit multi -family for NCS for the restricted use period for this project, as outlined and required by HUD. 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, - Mayor Roy West - Docusign Envelope ID: 3DADA8FD-F04D-4462-802B-36D18E203CBB ffif i M�11111( COMMERCIAL CONTRACT AMENDMENT USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®, INC. IS NOT AUTHORIZED. ©Texas Association of REALTORS@, Inc., 2022 AMENDMENT TO COMMERCIAL CONTRACT BETWEEN THE UNDERSIGNED BUYER AND SELLER CONCERNING THE PROPERTY AT 2670 Broadwav St, Beaumont. TX 77702-1950 Effective December 6, 2024 , Seller and Buyer amend the contract as follows: (Check all applicable boxes.) ❑X A. Sales Price: The sales price in Paragraph 3 of the contract is changed to: Cash portion payable by Buyer at closing .......................... $ Sum of all financing described in the contract . ..................... $ Sales price (sum of cash portion and sum of all financing) ............ $ 560.000.00 560.000.00 ❑ B. Property Description: The Property's legal description in Paragraph 2A of the contract is changed to the legal description described on the attached Exhibit or as follows: ❑ C. Repairs: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: ❑ D. Extension of Feasibility Period: Prior to the expiration of the feasibility period, Buyer may extend the feasibility period until 11:59 p.m. on (date) by delivering $ to the title company as additional earnest money. (1) $ of the additional earnest money will be retained by Seller as additional independent consideration for Buyer's unrestricted right to terminate, but will be credited to the sales price only upon closing of the sale. If Buyer terminates under this Paragraph D, the additional earnest money will be refunded to Buyer and Seller will retain the additional independent consideration. (2) Buyer authorizes escrow agent to release and deliver to Seller the following at any time upon Seller's request without further notice to or consent from Buyer: (a) The additional independent consideration. (b) Check no boxes or only one box.) all or ❑ $ of the remaining portion of the additional earnest money, which will be refunded to Buyer if Buyer terminates under this Paragraph 7B or if Seller defaults under the contract. If no dollar amount is stated in this Paraaraoh D as additional earnest monev or as additional independent consideration, or if Buyer fails to timely deliver the additional earnest money, the extension of the feasibility period will not be effective. ► /Ds (TXR-1932) 07-08-22 Initialed for Identification by SellerlN, and Buye v� , Page 1 of 2 MIN Advantage Real Estate, 8787 9th Ave Port Arthur TX 77642 Phone' 4094741090 Fax: 409-724-0212 2670 Broadway St Jon and Rachel Carona Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com Docusign Envelope ID: 3DADA8FD-F04D-4462-802B-36D18E203CBB Amendment to Commercial Contract concerning 2670 Broadway St, Beaumont, TX 77702-1950 ❑ E. Extension of Financing Deadline: The deadline for Buyer to give notice of inability to obtain the: ❑ (1) Third party loan(s) described in Subparagraph A(2) of the Commercial Contract Financing Addendum is extended until (date). ❑ (2) Assumption approval described in Subparagraph B(6) of the Commercial Contract Financing Addendum is extended until (date). ❑ (3) Buyer has paid Seller additional consideration of $ for the extension financing deadline. This additional consideration ❑ will ❑ will not be credited to the sales price upon the closing of the sale. ❑X F. Closing: The closing date in Paragraph 10A of the contract is changed to January 17, 2025 ❑ G. Expenses: At closing Seller will pay the first $ of Buyer's expenses under Paragraph 13 of the contract. ❑ H. Waiver of Right to Terminate: Upon final acceptance of this Amendment, Buyer waives the right to terminate under Paragraph 713 of the contract. ❑ I. Counterparts: If this amendment is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. 0 J. Other Modifications: Buyer's agent commsission is reducted to 1% of sales price DS V The $15000.00 (Fifteen Thousand Dollars 00/100) seller concession is removed from paragraph E 12 (twelve) of the contract. ,,,q,,,1,,,N,,,,,,°°° Seller Intends to complete this transaction as a 1031 Exchange Seller: Pooh 2 Blue Investments, LLC By: Marsha Normand M � Nowt dal ....... By (signature).FaishalNovvnandi [)ec 13, 20241143,CS1) Printed Name: Marsha Normand Title: Sole Manaaer By (signature): Printed Name: Title: (TXR-1932) 07-08-22 Buyer: Tender Loving Care Center for Children DBA Legacy Community Development By: Vivian Ballou LIM vocusrgnea ny: By (signatur ):�vuatn %a��btA Printed Nam j�tffa u Title: Executive Director By (signature): Printed Name: Title: Page 2 of 2 Advantage Real Estate, 8787 9th Ave Port Arthur TX 77642 Phone: 4094741090 Fax: 409-724-0212 2670 Broadway St Jun and Rachel Carona Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com u a a — price c,n ir'i a closirig (1) (003) Final Audit Report 2024-12-13 Created: 2024-12-13 By: Gretchen Thomas (gretchen@drakecommercial.com) Status: Signed Transaction ID: CBJCHBCAABAAgtDggClXu3vnTk2Qod9XOtkYbnEW9VoA "2670_Broadway_St price and closing (1) (003)" History Document created by Gretchen Thomas (gretchen@drakecommercial.com) 2024-12-13 - 7:38:38 PM GMT- IP address: 70.118.10.154 E:';,��Document emailed to Marsha Normand (marshanormandpc@aol.com) for signature 2024-12-13 - 7:38:42 PM GMT Email viewed by Marsha Normand (marshanormandpc@aol.com) 2024-12-13 - 7:39:58 PM GMT- IP address: 69.147.94.143 Document e-signed by Marsha Normand (marshanormandpc@aol.com) Signature Date: 2024-12-13 - 7:43:14 PM GMT - Time Source: server- IP address: 24.243.167.85 Agreement completed. 2024-12-13 - 7:43:14 PM GMT aAdobe Acrobat Sign LEGACY CDC NCS PROJECT CITY OF BEAUMONT LEGACY CDC LEGACY CDC LEGACY CDC Project Address:2670 GRANT YEARONE YEAR TWO YEARTHREE THREEYEAR BROADWAY EXPENSES EXPENSES EXPENSES EXPENSES TOTAL ACQUISITON COST 24 CFR 92.206 (c) $ 560,000.00 $ - $ - $ - $ 560,000.00 Closing Costs (Settlement Statement) 24 CFR 92.206 $ 7,000.00 $ - $ - $ - $ 7,000.00 Permits, Appraisal, utility deposits to allow city inspection and Inspections $ 10,000.00 $ - $ - $ - $ 10,000.00 Developer's Fee 24 CFR 92.206(d)(2 $ 62,000.00 $ - $ - $ - $ 62,000.00 Hard Development Costs 24CFR92.206(a) One-time cost of basic furnishings, $ 42,000.00 $ - $ - $ - $ 42,000.00 Project Audit 24CFR92.206 (d)(3) $10,000 per yr $ 30,000.00 $ - $ - $ - $ 30,000.00 Affirmative Marketing and Fair Housing Activities 24CFR92.206 (d)(3) $ 5,000.00 $ - $ - $ - $ 5,000.00 Replacement Reserves Roofs, HVAC, structural support, cladding, weatherproofing, plumbing $ 75,000.00 $ - $ - $ - $ 75,000.00 (utilities, insurance, management and etc) $ - $ 60,000.00 $ 60,000.00 $ 60,000.00 $ 180,000.00 $ 791,000.00 $ 60,000.00 $ 60,000.00 $ 60,000.00 $ 971,000.00 AP C '; TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: January 7, 2025 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement from Azteca Systems, LLC of Sandy, UT for use by several city departments. BACKGROUND The City uses Cityworks software across multiple departments for work orders, permits, inventory, code enforcement, environmental health inspections, and requests related to water, streets, traffic, parks, and zoning. This purchase is exempt from competitive bidding because the software is exclusively available from a single source authorized to modify and maintain it. The maintenance agreement includes support for all applications Monday through Friday, 8 AM to 5 PM, and annual software upgrades. This agreement encompasses one year, commencing in March 2025, with a total value of $198,048.42. FUNDING SOURCE General Fund and Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Q-3 8418-20241203-1834.pdf 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 renew an annual maintenance agreement between the City of Beaumont and Azteca Systems, LLC, of Sandy, Utah for a one (1) year period, in the amount of $198,048.42 for software used by several City departments. 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, - Mayor Roy West - Quote Number Q-38418-1 Created Date 12/3/2024 Contact Information Contact Name: Angela Wright Prepared By Kristi Ross Name: Customer: Beaumont (TX), City of Prepared By (916) 294-2234 Phone: Contact 801 Main St. Prepared By kristi_ross@trimble.com Address: Beaumont, TX Email: 77701-3548 Quote Lines Product Name Quantity Net Unit Price PLL ELA Premium 1.00 USD 111,072.00 Respond- PLL 1.00 USD 0.00 Mobile Native Apps (iOS/Android) - PLL 1.00 USD 0.00 eURL - PLL 1.00 USD 0.00 Public Access - PLL 1.00 USD 0.00 Cityworks Analytics - PLL 1.00 USD 0.00 Workload - PLL 1.00 USD 0.00 Web Hooks - PLL 1.00 USD 0.00 PLL Public Access API 1.00 USD 0.00 Case API - Basic 1.00 USD 0.00 Case API - Extended 1.00 USD 0.00 AMS ELA Custom 1.00 USD 63,311.04 Mobile Native Apps (iOS/Android) - AMS 1.00 USD 0.00 Storeroom 1.00 USD 0.00 Cityworks Analytics - AMS 1.00 USD 0.00 Pavement Management 1.00 USD 0.00 Service Request API 1.00 USD 3,665.38 Respond - AMS 1.00 USD 20,000.00 TOTAL: USD 198,048.42 Maintenance Start Date: 3/1/2025 Maintenance End Date: 2/28/2026 Quote Notes: Terms and Conditions Payment Terms Payment due within 30 days IF YOUR ORGANIZATION REQUIRES A PURCHASE ORDER, PLEASE CONTACT YOUR FINANCE DEPARTMENT TO BEGIN THE APPROVAL PROCESS TO AVOID PAYMENT DELAYS. All quotations are valid for ninety -days (90) from the date above, unless otherwise stated in this quotation form. All prices quoted are in USD, unless specifically provided otherwise, above. These prices and terms are valid only for items purchased for use and delivery for the Customers listed above. Unless otherwise referenced, this quotation is for the Cityworks software products referenced above only. Pricing for implementation services (installation, configuration, training, etc.), or other software applications is provided separately and upon request. The procurement, installation and administration of the Esri software or any other third -party software utilized in conjunction with Cityworks will be the responsibility of the Customer. For "on-prem" installations, the procurement, installation and administration of the RDBMS utilized in conjunction with Cityworks will be the responsibility of the Customer. Currently, Cityworks supports Oracle and SQL Server. The procurement, installation and administration of the infrastructure (hardware and networking) utilized in conjunction with Cityworks will be the responsibility of the Customer. This quotation and the pricing information herein is confidential and proprietary and may not be copied or released other than for the express purpose of the current system Software and Product selection and purchase. This information may not be given to outside parties or used for any other purpose without written consent from Azteca Systems, LLC or unless otherwise specifically permitted by law. If a "public access" or similar request is made, Customer, shall notify Azteca Systems, prior to any disclosure. Software Licensing All Azteca Systems software offered in this quotation are commercial off -the -shelf (COTS) software developed at private expense, and is subject to the terms and conditions of the signed "Cityworks Software License and Maintenance Agreement' ("Agreement') and any and all addendums or amendments thereto. A fully executed copy of the Agreement and any addendum(s) is required before delivery and installation and usage of the software is subject to the terms of the current license agreement. The terms and conditions of the executed Cityworks Software License Agreement apply to this Quote unless otherwise specifically stated herein. Any additional or conflicting terms set forth in any purchase orders, invoices, or other standard form documents exchanged during the ordering process, other than product descriptions, quantities, pricing, and dates are void and of no effect. Delivery method is by way of download through Azteca Systems, LLC. customer support web portal. Taxes Prices quoted do not include any applicable state, sales, local, or use taxes unless so stated. In preparing your budget and/or Purchase Order, please allow for any applicable taxes, including, sales, state, local or use taxes as necessary. Azteca Systems reserves the right to collect any applicable sales, use or other taxes tax assessed by or as required by law. Azteca Systems reserves the right to add any applicable tax to the invoice, unless proof with the order is shown that your organization or entity is tax exempt or if it pays any applicable tax directly. International Customers These items are controlled by the U.S. government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations. Your signature indicates your acceptance of this Quote, and that you have read and accepted the Terms and Conditions set forth above. Accepted by: Title Date Azteca Systems, LLC - Cityworks 111075 South State Street Suite 24, Sandy, UT 84070 1 Corporate Main 801-523-2751 1 Corporate Fax 801-523-3734 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: June Ellis, Assistant City Manager, Operations MEETING DATE: January 7, 2025 REQUESTED ACTION: Council consider a resolution changing authorized signatories for any institution the City Council has already designated or may designate as a depository for the City of Beaumont for banking and investment accounts. BACKGROUND Cheryl Ray is currently authorized as a signatory on City accounts with Stellar Bank, Texas Class, TexPool, and Texas Range. Duncan Brown, Jr. is to be added as an authorized signatory on same accounts effective January 7, 2025, and Cheryl Ray is to be deleted as authorized signatory effective January 7, 2025. The City also has several investment accounts that list Cheryl Ray as an authorized signer. Duncan Brown, Jr. shall replace Cheryl Ray on all City investment accounts as an authorized signer effective January 7, 2025. FUNDING SOURCE Not Applicable RECOMMENDATION Approval of Resolution ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Cheryl Ray is currently an authorized signatory on City accounts with Stellar Bank, Texas Class, TexPool, and Texas Range; and, WHEREAS, Cheryl Ray is to be removed, and Duncan Brown Jr., is to be added as an authorized signatory on these same accounts effective January 7, 2025; and, WHEREAS, Cheryl Ray is currently an authorized signatory on several City investment accounts; and, WHEREAS, Cheryl Ray is to be removed, and Duncan Brown Jr., is to be added as an authorized signatory on these same investment accounts effective January 7, 2025; 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 Cheryl Ray is to be removed and Duncan Brown Jr., is to be added as an authorized signatory on City accounts with Stellar Bank, Texas Class, TexPool, and Texas Range, and all City investment accounts effective January 7, 2025; and, BE IT FURTHER RESOLVED THAT this resolution shall be effective from and after the date of its passage. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, 2025. - Mayor Roy West - ATTEST: E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: June Ellis, Assistant City Manager, Operations MEETING DATE: January 7, 2025 REQUESTED ACTION: Council consider a resolution requesting a change in investment authority for the City of Beaumont BACKGROUND State law mandates the City Council designate one or more investment officials to be responsible for the investment of funds consistent with the City's adopted investment policy. The City Manager, who by authority of the City Charter is responsible for all investments of the City, can delegate explicit authority to other individuals to invest the City's funds on a day-to-day basis. Investment officials shall not deposit, withdraw, transfer, or manage the funds of the City of Beaumont in a manner that is not consistent with the "prudent person" standard. The current investment officials are Kenneth R. Williams - City Manager, Cheryl Ray - Chief Financial Officer, and Bridgett Evick - Deputy Controller. Cheryl Ray is being removed as an investment official for the City of Beaumont and Duncan Brown, Jr. is being added as a designated investment official for the City. FUNDING SOURCE Not applicable RECOMMENDATION Approval of the resolution ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Cheryl Ray is currently an investment official for the City of Beaumont; and, WHEREAS, Cheryl Ray is to be removed, and Duncan Brown Jr., is to be added as an investment official for the City of Beaumont effective January 7, 2025; 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 Cheryl Ray is to be removed and Duncan Brown Jr., is to be added as an investment official for the City of Beaumont effective January 7, 2025; and, BE IT FURTHER RESOLVED THAT this resolution shall be effective from and after the date of its passage. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, - Mayor Roy West - F TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Duncan Brown, Assistant Chief Financial Officer MEETING DATE: January 7, 2025 REQUESTED ACTION: Council consider a resolution approving a five-year lease purchase agreement with KS State Bank located in Manhattan, Kansas related to the purchase of a fire truck. BACKGROUND On November 2, 2021, Council approved the purchase of a Pierce Enforcer Fire Pumper Truck in the amount of $808,958.00. Bids were requested for a fixed interest rate finance agreement to reimburse the City for the purchase of the truck, which was paid for on October 3, 2024. The first payment on the note will be made January 15, 2026. Bids were solicited for a fixed interest rate lease purchase finance agreement from 142 vendors and two responses were received. The Bid Tabulation is attached. The Administration is recommending an agreement with KS State Bank as Best Value for the City, with an interest rate of 5.710%. The total lease purchase cost, including interest of $143,697.60, is $952,655.60. FUNDING SOURCE Capital Reserve Fund — Funds will need to be budgeted in FY2025-2029 RECOMMENDATION Approval of the resolution. ATTACHMENTS Lease Purchase Agreement RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 2, 2021, Council approved the purchase of one (1) Pierce Enforcer Fire Pumper Truck in the amount of $808,958.00; and, WHEREAS, bids were requested for a fixed interest rate finance agreement to reimburse the City for the purchase of the truck, which was paid on October 3, 2024; and, WHEREAS, KS State Bank, of Manhattan, Kansas, submitted a bid at a fixed interest rate of 5.710%; and, WHEREAS, the total lease purchase cost including interest is $952,655.60; and, WHEREAS, the City Council is of the opinion that the bid submitted by KS State Bank, of Manhattan, Kansas, is in the best interest of the City of Beaumont and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CIOUNCIL 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 bid submitted by KS State Bank, of Manhattan, Kansas, for a five (5) year lease purchase agreement at a fixed rate of 5.710% and a total lease purchase cost of $952,655.60, as shown on Exhibit "A," attached hereto, for the fixed rate lease purchase agreement, be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a five (5) year lease agreement with KS State Bank, of Manhattan, Kansas, sustainably on the form attached hereto as Exhibit `B," for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, - Mayor Roy West - City of Beaumont Bid Tab Bid Number: TF1125-01 Bid Name: Fixed Interest Rate Lease Purchase Financing Agreement - Pierce Enforcer Pumper Bid Open Date: December 19, 2024 KS Statebank Manhattan, KS. * Bank Funding, LLC Boyds, MD Fixed Interest Rate Term Four(4)Year 5.71% 4.51% Five (5) Year 5.71% 4.51% * Vendor did not demonstrate sufficient company information. 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: January 7, 2025 REQUESTED ACTION: Council consider a resolution supporting the relocation of two (2) State Historical Markers. BACKGROUND The Jefferson County Historical Commission is seeking approval for the relocation of two State Historical Markers from the Texas Historical Commission onto City of Beaumont property. The Nancy Tevis Historical Marker (Marker number 10573, posted in 1976) and the Beaumont Lumber Mill City of the Nineteenth Century Historical Marker (Marker Number 10496, posted in 1977) were washed away from Riverfront Park because of Hurricane Harvey in 2017. Post Hurricane Harvey, the Jefferson County Historical Commission had the markers recast, and they are currently held in storage. The markers were originally intended to be replaced at Riverfront Park once the restoration was complete, however there is concern about the possibility of another storm event washing away the replaced markers. With consideration of the details for both markers and their locations, the Jefferson County Historical Commission has requested to relocate the Historical Markers to the Event Centre located at 700 Crockett Street. This will allow for the markers to still be within an appropriate location regarding their context and will likely gather a larger audience due to the continued repairs at Riverfront Park limiting access to the public. The Historic Landmark Commission voted 8:0:1 on November 18, 2024 to approve this request. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Staff Report RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the Nancy Tevis Historical Marker (Marker Number 10573, posted in 1976) and the Beaumont Lumber Mill City of the Nineteenth Century Historical marker (Marker Number 10496, posted in 1977) were washed away from Riverfront Park due to Hurricane Harvey in 2017; and, WHEREAS, the markers originally were intended to be replaced at Riverfront Park once restoration was complete, however due to the concern of another storm event washing away the markers, the Jefferson County Historical Commission would like support to relocate the markers; and, WHEREAS, the Jefferson County Historical Commission has requested that both markers be relocated to the Event Centre located at 700 Crockett Street, which will allow the markers to still stay within an appropriate location regarding their context; NOW, THEREFORE, BE IS 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 support the relocation of two (2) State Historical Markers, the Nancy Tevis Historical Marker (Marker Number 10573, posted in 1976) and the Beaumont Lumber Mill City of the Nineteenth Century Historical marker (Marker Number 10496, posted in 1977), to the Event Centre located at 700 Crockett Street. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, - Mayor Roy West - Planning & Community Development Case Type: Planning and Zoning Case Status: REVIEW Case Sub Type: Certificate of Appropriateness Tag Name: Request to Relocate Nancy Tevis and Case 11: PZ2024-298 Beaumont Lumber Mill City Historical Markers Location: 700 CROCKETT ST, BEAUMONT, 77701 Initiated On: 9/26/2024 9:42:44AM Individuals listed on the record,, Applicant Jennifer Trenbeath 1149 Pearl Street Third Floor Missing Address, City, State, or Zip Code In People Agent JenniferTrenbeath 1149 Pearl Street Third Floor Missing Address, City, State, or Zip Code In People Property Owner Home Phone.* 4098358701 Work Phone: Cell Phone: 4098358701 E-Mail: jennifer.tranbeath 0(jeffcoix.us Home Phone: Work Phone: Cell Phone: E-Mail: letinifer.trei)beatli@jeffcotx.us City of Beaurnont Home Phone: Missing Address, City, State, or Zip Code In People Work Phone: Cell Phone: E-Mail: Reason for Request of a Certificate of The original historical markers were washed away from Riverfront Appropriateness Park on the Neches River in downtown Beaumont during Hurricane Harvey In 2017. Replacement markers were ordered and have been In storage for the past several years pending the rebuilding of a new park site, which has not yet Occurred. The markers will be displayed with equal interpretive merit and visibility at (tie city's Event Contre Paint N Now Construction Dome N Fencing Miscellaneous Y Has request been made before? If yes, date: Notes: This is not a building permit, additional permits inay be required for the proposed scope of work. Case Type: Planning and Zoning Page 1 of I Case If: PZ2024.298 Printed On: 10f712024 REQUEST TO RELOCATE AN OFFICIALTEXAS HISTORICAL MAIMER Mai.,kcr'l'itle: LIcsrijtiiotit, Lumber INWI Town of the Nineteenth Cqiitur, TFIC. Atlas No. 52450,10496 Coutity: jeffason Current location (including nearest city): Pi iouse" Proposed location: Event Centre, 700 Croct"CUt S(rectBegumont Tex, GPS coon im 94,1025.94 d , tc,, 30.081931. Reason for requesting relocation: The original T3catxaxxcxaxt LuMbe-17 Mill th C LitLit i, (I al y marker was washedrim )III'luverfrolit Parls on the Neches River in downtown Beaumont du in 1-lut-dulle U mYA(— , .- Hamey in 2017. A rePhicem fit marker was ordered and has been in storal c for the past several years DC11dill ), the rebuildif of a new ptjtjc site Which has liot'.)Tt 111"Irker will be (lisp]aged — With a,11--iiterw'etive --merit and vis th is J-!Vent Centre. tbil—ity-at --��Ckity Who will be responsible for the relocation? (ITIC cannot assume liabilit}, for damages, or injuries.) Nat-ne: E�.verette "Bo" Alfred Signature: Address: :77LI80 Boyt Road City: Beaumont Statc:'Ix Zip: 77713 Daytime ...................... Approval of county historical cortimission: County chair or marker chair (name): Late Hattibright Marker Chair. Address: ,1 149 Pearl Street., r rlhm City: Beaumont State: TX Zip: 77701 Daytime Axone: 009) ).50-' Fax: 11 Signature: Permission of property owner at proposed new location: Texas Historical Commission P0, Box 12276 Austin,'I'X 78711-2276 512.463.6100 flax 512.475.4872 the t@tlic.tcx-,is.gov Email: F?.mail: kathainch 61101aftibtigh (4hot-mail.coin I TEXAS HISTORICAL COMMISSION if real places telling real itorles wmy.the. texas. Pov +Mt MI M IF Name: Ket net Address: Mait C City: &atijtliont state:'EX Z i 1): 17 —7(Y] Day dnie Plione: I lax: -- F"Jilail: Please Send this form Along widi die following to i, I A current photograph of the proposed marker location, 2. A cite or coutity maj) denoting the curtentand proposed locations. 3. A current photograph of mather. '1exas Historical Commission P0, Box 12276 Attstin,'FX 78711-2276 511463,6100 fax 512.475.4872 thc(q)dic.texas,gov Signature: Revised 1.2020 1 4VTEXAS HISTORICAL COMMISSION real places telling real stories w%vivalictares, eov �G )amp i C TEXAS *ENC 1 ,, WER5 LING 8Y F MILLS (1A7�,2W3) u REQUEST TO RELOCATE AN OFFICIALT11=S HISTORICAL MARKER tvlarker'Fide: Nall ,111 1 v--,-No.,_52! Q1.0573. (.'.om1tyjgffC'r'Sojj Current location (including nearest city): Precinct 4 Warehouse.7780 Boyt. ltogt I caurtiont Texas 1, Pro)oscd location: Event Centiv_700 Crockett S tree tDqa1j1j1!Qt1 -j 5, coordinates30.081")0, t"'Jkx�_5,0 _ _:_ r[JQ2601 lq, ay r-0111ILlycrfrolit Park on the Neches Rive.t.iii downtown Beaumont during 111.1tricane IjArve., in 2017, A rePlaceinent market was ordered and lias been in istow-a (jr the pas sevemal ats pendit �y (lie rebuildit )b aqw mk si e which 11' as lot C _gd -L— past: Lye, ---------- ------------- ----- Yit �Occurre& 'file marker will 13C djqilayded tAvAl Nuat i t tjNre rnerit: and visibilityat the cit,',s Event Centre. � Who will be responsible for the relocation? (111C. cannot assume liability for damages or injuries) Name: �ycrctte- "Bo" Alfred Signature: Address: 7 8Hoy ! Utom City: Beaumont State:TX Zip: 7771.3 DayLlane plione: �,�) -8.35-,14,11 Fax: Approval of county historical con mission: County chait or market chair (r1a111C): &ItC Hatllj) tigl]LtA4ad'-Cj Chair Address: 1149 Pearl Street 3" Floor City: Beaumont Statc:,rx Zip: 77701 Daytime plione: k409� 656-1408 F'-ax: I, a J--- Imm Permission of property owner at proposed new location: 'Texas Historical Commission 11,0, Box 12276 Atistin,TX 78711-2276 512,463,6100 fax 512.475.4872 tl1c@tl)c.tcxas,g0v l"'Inail: l(atlicrinchambri ht hotinail.com Revised 1.2020 I TEXAS HISTORICAL COMMISSION it real places telling real starlet Nv)vNv,thc,texas.aov, Name: lf.c:nwtGtlx '.t -Ci ofBe"111111ont Address: 801 Main Street City: Be"(1111-1011 State: `EX Zip: Im Daytitne phone: �409)_280-8311 Fax: Email: Please send this form along with the following to 1. A current photograph of (lie proposed marker location. 2. A city or county mal) denoting the current and proposed locations. 3. A current. photograph of macket. Texas Historical Commission P0, Box 12276 Atistin,11 X 78711-2276 512.4163.6100 fax 512.475.4872 th c@)t lic. texas. gov Signature: Revised 1.2020 I TEXAS HISTORICAL COMMISSION 40 real places telling real stories NVNVNV. th C. texa& a0v yp, M I i d / alllk 200 y NANCY 'NIXON TEVIS. A NATIVE Or- OVI I.AM, CAM 1Id1TN HP HUSBAND, NOAH (1772.18�36). Aiai ;Chi2 TQ SetTTLe TH BLUFF BI SIOE THE NECNO..s RIVeR.IN1615,THEY Rle"00 EPR Al4?ulA OF MEXICO'L.�ANP QRANT THAT INCI.UI IUD 0r-",0 iME UTU S1 OF BI;AUMCINT. NOAH TIEVIS SOLD S© "Er 'MILLARD, W.,.���..••arv�� �nrte �� �n'tc`CIS.,RD.,L�1t31S'IiAN"l'�Ti�,�SC�+PE,"�`�'1� �`� w %,� w, r r/ 2 1, Zo, 1 % i r TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Amalia Villarreal, P.E., CFM, Director of Public Works, Interim MEETING DATE: January 7, 2025 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 6 to the contract with Callan Marine, Ltd., for the Riverfront Park Restoration Project. BACKGROUND On January 24, 2023, by Resolution No. 23-030, City Council awarded a contract to Callan Marine, of Galveston, in the amount of $16,879,376.00, for the Riverfront Park Restoration Project. Previous Change Order Nos. 1-5, in the amount of $159,745.46, are attached for your review. Proposed Change Order No. 6, in the amount of $100,352.84, is necessary to install the required permanent erosion control at the project site and for minor cutting of precast panels for the dock to ensure proper installation. A total of twelve (12) calendar days will be added to the contract for the additional work. The contract includes a contingency allowance amount of $1,000,000.00. If approved, Change Order No. 6 will be deducted from the contingency allowance resulting in no change to the current contract amount of $17,039,121.46. FUNDING SOURCE Certificates of Obligation in the amount of $581,729.86, Texas Division of Emergency Management (TDEM) in the amount of $1,265,953.20, and Federal Emergency Management Agency (FEMA) in the amount of $15,191,43 8.40. RECOMMENDATION Approval of the resolution. ATTACHMENTS Riverfront Park Restoration C06 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 24, 2023, by Resolution 23-030, City Council awarded a contract to Callan Marine, of Galveston, Texas, in the amount of $16,879,376.00, for the Riverfront Park Restoration Project, and, WHEREAS, previous Change Order Nos. 1-5, in the amount of $159,745.46, increased the contract amount to $17,039,121.46; and, WHEREAS, proposed Change Order No. 6, in the amount of $100,352.84 is required to install the permanent erosion control at the project site, for minor cutting of precast panels for the dock to ensure proper installation and to add an additional twelve (12) calendar days to reflect actual time used in the completion of the project; and, WHEREAS, the contract includes a contingency allowance of $1,000,000.00, and if approved, Change Order No. 6, in the amount of $100,352.84, will be deducted from the contingency allowance, resulting in no change to the current contract amount; 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 accept Change Order No. 6, in the amount of $100,352.84 for additional work described above to be paid from the contingency allowance, resulting in no change to the current contract amount of $17,039,121.46 for the Riverfront Park Restoration Project; and, THAT twelve (12) additional calendar days are added to the contract. 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, - Mayor Roy West - Projectmates Change Order #001.006 C IT YO F B EAU M 0 111'� PIROJ EC'FlMA'FES . C (.,) 1A 1DW11 023°°.,02 Riveiii lRaii* Restaii, 801 IIIfthin Street, Ilf uinn oint, ""tuxes 77701 LISA Fdday, IDec 113, 2024 Change Order Details Grand Total: $0.00 Descirl! pti oin (30#00 1 006 Dvisioin 01 .. Gein(.-,,,ira1 IRequliireirrneirnts Scope of Work 11"his Chainge Order is necessary to Install the lid permaneint erosion cointirol at the piroJect site and cutfing of the Ip irecast painels to einsluire piropeir linstallalbloin aind q,,)ply a IpnircAa cti qmxy coating. 11"he costs foil" the, followill-Ig iifenir s shall Ibex ciii to the contract's contingency bitAdget: Install 82,530 squaiii fe�,et of SOE) and 1570 S(ItAaire fenet of Mulch thiree iinchnews thick airound exisfling brees at the lX'Oje(,t SRE1, Concrete a,�aw cuffing 225 Iliiirnenar fbet of Ipreenenst Ipaaunenlls eiind epoxy coating Nok,S 11"welve (12) calendar days area Ibeniirng added Iby Uhis Cl-minge Order foir the addifioinal work, with dhese additional twelve cantle ndair days Ibeirng added the inew IDate of C oimplei fear Ulhis Iprojec t Is Deceirrdbeir 8, 2024 aind the updated total Contract (Days Is (644) SX hUndired forty fouir Awarded to I:Rick Alexander (Callan Mairine Ltd), 2914.3 Created IBy C�lhaz Duke (Callan Marine LAd) Cireate [Date Nov '15, 2024, OZ:09 II IM CS'll" Reason Code Owineir Reque�sted �mays Ctiainged 12 Attachirineints CO#6 SOD and Saw cutting.pdf DarkHorse Inv D4223 - Callan Beaumont FS v3.pgLf SOD.png WC QUOTE REPORT 62833371.pdf Line III V.eim Fype L. u irn Ian s u im Group 3.0 Coins tiructio in Greated On Nov 15, 2024, Capital IC lainining Conc.Airuchoin .. IRverfiroirut IC ark IRcaa toiraabianiru Capital Piroject lFiaacal 2024 Year OEM=$ leirn N 62,".5 �PO Number, 4,41200 REMA Nurribeir 6499 Accounting Projec-A I H3015 Code am= Oidgliii (.".ointiraict 'Surn 16,879,376 00 �Met Cost Ilb IPrevious Approved Ghaincle Order 159,745 46 ('-'ornbrad[ 13uirn Before 11"his Chainge ()ir(Jei1- Contract Suirn (",[ianged IBy 11']his Change Order �New Coinfra(1-, Surn SUbstainfial Coirn1l)Iefion 1Da h' �Net 11"IlMe Clhairqe 13y Pirevbkjs Chaing(,Order Substainfial Coirriplefloin I13ef,ire C.hainge Order 111ime Cl-minged 13y 11"his Chainge Oirdor �New Substantial Coirnplebon IDa te All Change Ordeirs of the Oiriginal Cointrad W 11, rj-RTI IT Item Account WBS/ # Code Section Ohaii�ige Oirdeir#6 001 002413 002 002413 M Description 17,039,121 46 0.00 17,039,121 46 �N/A 82 day(s) �N/A 12 day(s) �N/A 0 946394345383383840"72965"7300%, (3.32,530 SC)F r of 3:nOD and (1570) SQF r of (87,64 5.34 SQF r) ($1.06/SQF 1) Total Amount 87,645,34 Saw C.uthing of Pirecast IPainells & Epoxy Coafing (225 112,707,50 �F) ($56,48/L.F) Pliroect Contingency .1 00,352,334 rotal 0.00 Approval (Pending) Due Date: Dec 19, 202'Lv, User / Role Status 131rett 1:Zc)e1,)uck (I[::xteii°�ina�l..11lii,is�l-)ectoir) Approved �Dec 10, 2024 03:33 1::1M CST" Cathirine Westeii,]karnp (�l::::xteii,iiiai..�Eing6il-leeir) Approved [:Dec 10, 2024 03:34 1:1M CS 11" [Mvid [Ingle (Ri-oject IMainager) Appii,.oved Dec 10, 2024. 04-:11 IRM CS 11" AlMalha "Molly'll Villaii-ii-eal (City Erigineeii) Approved I)ec '12, 2024. 04--.50 IPA I CS 11" �Bairt Bairtkowiak (Directoir) Approved Dec 12, 2024- 04:55 RM CS 11" Adirnin Peii,nab ing Asslstaint City IMainageir City Cleiilk Comments Projectmates C IT YOF BEALIMON T.PROJECTMATES.COM Change Order #001.005 In 02&..02 Rii eiu firoinIlPaurl , IV s,toiraboin, 801 IN Stireet, Il13eauirnoin't irexas 77701 USA Wednesday, INov 06, 2024 E) esc ir I p t I o in C n a in g ( : 0 ir d it IN o . 5 Dvisbri 01 - General ReqUireirnents Sc,ope of Work Clhange, Order lis inecessairy to account fbir a desigin chainge firoirn access stalirways to an ac(:;ess rairnp rneebing the Airnerkains Wth Dsabithfles Act (AIDA) staindairds, fbis desigin chainge will allow for the n.;afety of Ipedestlriianlns and coirnpliance, Wth AIDA regulabons, Imm Awarded to Created IBy Cireate IDaate Reason CodE' �Days Chainged Attachments Additional Info I iilnaa Iltolrrn type Group Due to the desigin chainge and extensive, subirrflttal Ifalrooess to accouint foir the cfiainge, Callain IMaalrliune lis requesfing ain ad6floinal foirty-two (42) Calendar (Jays to �be added to the pir(.)Ject. Nth the (42) caleindair days b61ng added the inew IDate of C.oinnplefion for Uhis project lino IN ogre mbeir 26, 2024. Rick Alexander (Callain IMairine Ltd), 29143 Chaz IDu.alke (Callain IMairine Ltd) Sep 26, 2024 11 :32 AM CS 1"' I"'ime ILxtensbin m 22227-SL003 Letter Engineering Review Del y - Signed.p f RES 24-277 Riverfront Park C05.pAf I u Irn~n Ip s u iry) 3,0 Coinstiruction Created On Capltal IPlaainirnling Capital l:Iiro*A IFiscaall Year U�W Sc,,,p 26, 2024 Constiructoin - IF liaaaairlirrainl IPaarlk Restoration 2024 Iteirn Id 609 �PO Nuirnbeir 441200 REMA Number 649�) Accounting 1:airckject Code 1--il 13 015 EM= Di1:11inal Contract Surmn �NIet Cost In Pirevbus Approved Ghainge Order Contract Suirn Ifl3eforaa 11 his Chainge, Order Contract Suirn Changed IBy 1"Tfls Chainge Order New Coinfliract Sum SubstainUal Coirnpleboin IDate Net Iiirrie Chainge IBy IPreviouus Change Order Ski bsta irn Cal (Domplefickin IF1a foire 1"Ihis Change Order 1"lime Chainged IBy 1"Ihis Chainge Order NEW SUbstaintial Completion IDate All Uhainge Orders of the Oiri#inal Cointract. 16,8 79,3 76.00 159,745A6 17,039,121 A 6 OM 17,039,121 A 6 N/A 40 day(s) N/A 42 day(s) N/A 0,946394345383383840'7'2965"73001% 4 Item Account WBS/ Description Total # Code Section Amount HEMMEMM 014 001 S�&walllks ll..alboir(ID(�sligiroClhaing(,,firoirirna(,,(,esssta�iiAtaystoac.cess 65,000.00 rairnp for AIDA coirnpIllaince) 025 002413 lPiro�ect Cointlingency 65,000.00 Fbtal 0. 01) User / Role �Birett Roetwck (External Inspector) Status AIppiroved Oct 10, 2024 09,57 AM CS 1"' CathiriirW Westerku--,�imp (Exteirinal Approved Eingitneeii) Oct 110, 2024 1111, 17 A V1 CS 1"' David 1"1ngle (Piroject Manager) Appiroved Oct '10, 2024 '11,39 AM CS 1"' Bart Bairtkowiak (Diii,ectoir) Crystal Valencia (Adirniri) Approved Oct '110, 2024 01,26 Pm cs r AIpproved Oct 30, 2024 011 -3 7 Pm cs r Comments Approved Iby City Couirwil oin Octot)eir 29, )024, Iby Resolkitioin INN, 24277, User / Role Status Comments June Elhs (Ass�staint CRy Approved Mlainageii) �Nov 03, 2024 11,42 A MI CS 1"' 1iina Bimussaird (Dty Clerk) Appiroved �Nov 04, 2024 12:36 pm cs r Projectmates Change Order #001.004 C;HY0 F BU..:AkUUMON I. PVtQ:JU.:C:;VMAlI U.:`.i.C;OIW P 1q 0'3 01 .,, I ,i°°iiveirfireoi nt I airlk IRuaG:ar atl.iunsn, 801 IMain Street, IBeaurnoint, Texas 77701 USA, faunfiaay, Auaio12, 2024 Change Order Details Grand Total: $0.00 fpe sciriiIpfilo n G:biivii,aiicuin C0;4'001,004Change Order y 01 .. Ga eniciraall Il teq a iiireirner f,s f:»a:,c:nlioe of Work Phis f:,lla:airnge Orderis ncnr:,es smy'tcs add cm imodify c ointuaaat iifeimns in oirdeir'to caunsuuuc, safetytc:a'Clknen Ilsuul lliic; cair tcu adus'f ¢.:uau ireirrrt ¢:anirnfi°caaxt taiia:t li'teunnna fca irnn u,t cuvuinrs:ain'f site cu:airocN'rtliawirnn:> n Ihn¢� c (ruts fruir Etna* following iitelmS shra1111 be cimdiied tca fh�ie caoun[uaacTs confliinp-. inc::y IirusdgeL f','aninsuh uu;'t an a sddihtiioin,all 94 I1111im;air'feeA of auinctiralil , a 0 Ilirusat, 11111 fawn filch„tllex valves liirn ftne 48" satonrin auouund fhs„ cuffau Stiruucfauirc kan eirnlPnanivc c .. afaat, samme,u o uffaa1111 IpI1pes IIloc;aated wiiflhnliirn flu, ou.utfa1111 sfira.uc.tuuira:,; Add 111 1eef 6 liirna,lhes of s,lk ee; Ip1ille ira;;fa.iurirn waa1111 on fhe sucnuutlhn sand 'to accc: irnirr odaate fhe peindfing consufiruuctiion of the (Port of IBea a rinauun'C"s, sheet pilewall; fgeirnoove and im1pllaac e '116 feet of 4h0' RCl " sfoinrn sewar; Cut aacuno.;mc e plies b flh e specified giraade;; Adjjus�t'tlhuc; cfunuauntli'ty of cti°saaNcfca um�ta'ta;i iiq11 based oin 'tl,-iie iresu11'ts of tlh e Ii osn direatge s3auu (.,Qy�. htcafes Lanier & Associiaafes sualknuncitted IF`ce r 001 Il ev 008 coin flhe Coins hu,icfion Il:)iraarewniings and flh rey Ihave It eein included in tJh his Chainge Oirdeii fair irecoird Inu.uirlpca r s. IPlease see he aftaclhnurneirf IFxpllaairr afiioin of f.firaanwiiiruff IRssrriisloins' Awarded b t iickAllexaindeii (Callain Marline, ILAd), 2914h3 Cireafed IFfy Daavnd Fiiirrglle QCiify of IBeau.uimoinik) C"ima- e ICfafe J u11 22, 2024 09!!02 /! IMI CS F keas;aurn Codex Owner II~ equuessed D,.ays> Changed 28 Affaahurrneinfs 24-02-27 Rev 5 IFC Drawings Riverfront Park 10888-1.pdf 24-04-26 Rev 6 IFC Drawings Riverfront Park 10888-1.pdf 24-05-17 Rev 7 IFC Drawings Riverfront Park 10888-1.pdf 24-07-30 Rev 8 IFC Drawings Riverfront Park 10888-1.pdf 23-04-19_Rev 1 IFC Drawings Riverfront Park_10888-1.pdf 23-05-10 Rev 2 IFC Drawings Riverfront Park 10888-1.pdf 23-06-12_Rev 3 IFC Drawings Riverfront Park_10888-1.aff 23-11-15 Rev 4 IFC Drawings Riverfront Park 10888-1.pdf 006 Dredge ni y Callan BeaumontAD.adf 001 Additional Handrail KingFab Quote.pdf 002 Tideflex Check valve uotes.msg 003 New Sheets.msg enlace 48 RCP - Beaumont 04.12.2024.aff Callan Marine Concrete Pile Invoice 07.08.24 2.pdf Explanation of Drawing Revisions- LA10888-1.aff Additional Info ..Hine Rem fylipe 1..uuirmnitn ssuuumn G3irouap 3,0 C ons'tiruaa;'foin Capital Planning Calplifall II laininling Ca: plilall i Fiscall Year Accounting Jull 22, 2024 Consilruciloin R live rifiroin f Illairlk Resloiration 2CJ24 item lid 576 IPO Nuimtxr If 4-41200 FIRMA Nuimbeif E3499 AccounUing Project Code 11 ill 3015 Summary Oirigiii nall Coinbracit Surn Nef Cosf lby Previous Approved Cli Oirder C.',onbacit Sum i Phis Change Order Coinitir,aci: Su it Clionged lBy Fl-ls CN:Hige Order New Contract Surn Sul.`. sitainball Coirnplebon IDalte i Elmo Change lBy i Cli-minge, Order 'Substaintiall Gainpletion i Phis Gli Order I lirwe Changed 113y I lhiis ("ll Order i Sulbsilainifiall Camplelloin i A1111 Chainge Orders of the Oiriglinall Cointiracit Line Items 16,879,376,00 159,745,46 17,039, � 21 A 6 OW 17,039,121,46 NI/ 12 day(s) WA 28 day(s) i 0 946394345383383840'72965'7300% Item Account WBS/ Description Total # Code Section Amount ('11I Order 4 0011 002413 installailloin of (1021LF) Add! ItICIFiall 11 Landraill Around Ouffailll SLiriticture ($521116/11LIF) 53,7M55 002 002413 installafion of (2) � deflex Valves !in the 48" pilpe al OutfaIll Sitruciture Q4,224.1 0 003 002413 installailloin o(I 84ILF) of Additioinall SheeitliAle 30l RetUITI WaIll ($4,/5611 9/11LIF) 53,105 85 004 002413 Ili is tall Ila fion of a n Ackl !It cin all( 11 Fill.. F) of 48" IRCIP 1::'I1,ye ($59 1,89/11LIF) 9,470.25 005 002413 Quantity adIluistirnieiM I Dredge Vaieriall IFollllowilnlg the Conniploion, olf the Aftor Dredge 53,292 65 SUI'Vey 006 0024 13 Cut Conciiete III to Grade 14,764 85 007 002413 Additioinall (50') Frairrie Rflf)ing on Large 1Pauviillion ($53 2,69905 025 002413 Projecit Gointlingency '174,742.00 11btall (LOO Approval (Pending) Due Date: Aug 19, 2024 User / Role Status IBiiett Roebuck (Exteirinall hnsjpecfoir) Approved Aug 112, 2024 1111:22 AIMI CS I Cathirlirie WesLeirIkaimp (Exteirinall lEingfinieeir) Approved Aug 1112, 2024 111111 °,22 AIIMI CS I DaM Fiinglv (Rroect Mairmpir) Approved Aug 12, 2024 11 1 26 AIM CS I City IlEinglineeir Penching Nirectoir A d Fn milt) Asstant Cl iy IManageii City Clerk Comments Projectmates CHY0 F BEAUMON I. FIROJECI MY0 E&COM Change Order #001.003 PW1023 ,012 Riveirfiroint IPairk Restoration, 801 IMaiin Stireet, IBeaurnoint, Texas 77701 USA Maiiday, Auio 12, 2024 Change Order Details Grand Total: Descirlpition C0400 1,003!! Cli Order 3 DIVIS10in 01 Genicirall IlRequireirnerfs ,.S Ax.)jpe of Work Phl,,,; chainge order is requilired to irnalke an adin-flinisitiraltive adIushn-�ent to nclude the RIESFORIE Couinc!II Finainciall Assisilaince Sb)indaird l"C.., , Ifr IMS and Coirid!414.11ns to the exec.Wed coinitiracit docuirneiriLs wiTh Callain mlaillirwthese, Fbirims and COIFAR!oims afire i, equll i, ed to i incoiljpoi[ak.,,d linto thl) COIFIUEWDOCUirm-.�inits as a coindition of iiecelving g1frainit fundling lby the Rmas Goinnnrfls.,IoYn oin IEinviliroinirreirArall Quallty (MIECA) uinde,iY Me IRIFp1 FORE girant folr 11his i Notes Atil ached aire lilhne IRIES FOIRUE Couindll Finmanna all As§s�aince Sitaindaird R-irims and Coindidoins flhat aire now ii FKIUded as as Ip airit Of tlh(11 X('(.LA(K1 COJF�fj,a3(.,f 11- ocuirneints ii Conshruction with CallalFU IfnllaariilFoe, Awarded to RickAlcmaindeir (Callan IMarline, Ad), 29143 Clirealted lBy David Ffingle (CRy of Beaunionit) Dealte i Jul 22, 2024 08!! 18 AIM CS F Reascini Code Owner II~ equested Days Chainged Ct Aftachimenits Attachments for Amendment Not - Riverfront Park Restoration FEMA No6499 Contract (1),piff Executed Riverfront Park Restoration FEMA No6499 Contract with Amendment Nol.pjif Additional Info I.Jine iteirn lype 11. U 1P S u im Gimull) 3,0 Consfiruction C>eated On Jull 2Z 2024 Capital Planning (-',ajpltall Planning ConsAirucfJoin Riveirfroinit Park IRe Moiration Capil[all I I Year 2024 Accounting libeirn lid 575 IPO 1 4-41200 I 1r 6499 AccounLling Project Code 11 ill 3015 Summary Oiriglinall C(Yr)iMG� SUIM I Cosl: I I Approwx.1 Chainge Order Coniiraclt Surn I Phis Chainge Order Coni:iracSwin Chainged lBy Phis 4;31hainge Oirdeu I Coinhracll Surn Sul` sItainball Coirnplebon I I l"Ime (.1.1hainge lBy I Change Order Skjli)s,aintlall Completion Before Phis Dwinge, Order I rne Changed lBy I I Clil Order I Sulbsiainfiall Coin npleilloin IDaira II II Chainge Orders of the Origlinall Contract Approval (Approved) User / Role Status Clhaz I (IlExteirinall GC) Approved Jull 22, 2024 OR40 AIMI CS I C,aflhirine Wesleir1kaimp (IlExteirinall Einglineeir) Approved Jull 22, 2024 0&42 AIMI CS I I I ingle (FliroctII` ainagcn) ApIpmved Jull 22, 2024 0&46 AINA CS F Airnalla "Molly V11111an-eall (City Il inglineeir) Appioved Jull 22, 2024 0954 AIM CS F 16,879,1376,00 159,745A6 17,039,121 A 6 000 17,039,121 A 6 I 12 day(s) I 0 day(s) I 0 946394345383383840'721)65'7300% Comments User / Role Status Comments lBairt Bairflkowlak (Nirectoif) Approved All 22, 2024 01:117 IPIM CS F Dystall Valleinda (Adirnliri) Appioved Jull 22, 2024 0226 Il IMI CS I June Elks (Assiistaint (Nty IMainageir) Approved Jull 23, 2024 0&32 AIMI CS I I iina Broussard (City cledlo Appimved ,kill 23, 2024 0529 IlF11M CS I Projectmates CHY0 F BEAUMON I. FIROJECI MY0 E&COM Change Order #001.002 PW1023 012 Riveirfiroint IPairk Restaration, 801 IMaiinn Stireet, IBeaurnoint, Texas 77701 USA Maiiday, Au io 12, 2024 Change Order Details Grand Total: $0.00 Descirlpition C11harge Oirdeii INo, 2!: Siteell Sheet IPI!IleAi,iidln(.air�edVVa)IIII iteirr IBreamllcenuut (IRIESFORIE IFuArnds a ind IFIRMIA Funds) Divisloin 01 Genieirall Requireirneinits N(Aes FINS chainge, Order mv)S lr(:nqLflired to unmaalkaa ain adirinlinistirafive adjusibrneinit to sejpwalte Hhe slingle Illline teirn foir fhE;', steell Sheet IlpiilleAlWhoired WaIll ink) two sejpai[alte line fteinm Pie adustifneinit of the slingle Illline treimi liink) twoIllirne iit mns, *1111 allllow t1ho City and grant aucfitormn to back expeinsos i Hhe two giraint fundling sowices ( R.,1EQ RIES FORIE ftjjqd and REIVIA/ClIty fUlFOS) fbir the Steell Sl ieelt Rka- Anclhoircxl WaIll h naa ft.eim, 11 he Glty's jpiro�recirinainagoinneint scAllwai,e, ire quires tl ils adim1jf)j";tjf, 'jtV(..) chainge to The processed as a chainge aideir, Awarded to Rk,uIkAlexaindeir (Callan IMlaariirne I.Ad), 2 914 3 Cirealted 113y David Filr1gle (City Of Ilasaauuumuerir ) Cireate I. -Mile Selp 01, 2023 M51 AIMI CS I Reason Code Owner IRe quested Days Chainged 0 Additional Info Lline, Reirin Fyipe Luirnilp suim ('311-oup 10 ConSf1RA(.f01f) Cireated Oin Seen (31, 2023 Capital Planning (.','aj-.)1l1a11 Planning CoinstruclJoin IR live Ffron f Park Resitoiration Calplilill i Fiscall Year 2023 Accounting Itern lid 457 I 1 4-33176 I 1 6499 Accounbing I Code 11 ill 3015 Summary Oiriglinall Contract Surn 16,879,376,00 I Cosf I I Approved Change Oirdei, Mio Conliracll Suirn I l"Iffis Change Oirdei, 16,879,376M Contra(J Suiau Chainged lBy Phis Change Order (U30 I Coinliiract Sui,n 16,879,379i.00 Subs,tandall Completion I I I Flirne Change lBy I (,'11-minge Oi,deir 0 day(s) Substainball Com1pletion 113(ooire Phis Change Oirdei� I Erne ChairYged lBy Phis Clhaiiv, e Order 0 day(s) I SulbsIlainfiall Complelloin I I A1111 Chainge Orders of the Oiriglinall Cointirac9 0% Line Items Item # Account Code Will Section Description Total Amount 4•- Steelll Sheet I Anchored Wallill DO 11 Labor 001 Steell Sheet P[lo Anchored Wall Labor 1,584,205 99 002 Equilinnent 001 Steell Sheet IPlIn. Anchored Wall EquIjpirneiM 797,41455 003 1 OW 3tee,11 Sheet PlIn Ainchoikl Wall Mareidall 5,198,021 46 4•- Steelll Sheet I Anchored Wallill (IFEMA 8, CIIITY I 001 Labor 00 1 Steell Sheet IIIIIIC Anchcmed Wall IraIbor (IFEIVIA & C11 I Y FUIMIS) 455,562.67 002 EqUilpirnent 001 Steell S Beet 11 i Ile And ioired Wall 11 229,308 75 Totalll 0.00 Item # Account Code WBS/ Section Description 0031 IMatenall 001 SAK4 Sheet IlliIl AIFICI-10ired Wall 11 MlWedIII (FIBIVA & Y Funds) 4•- Steelll S11heet I Anchored WaIIIIII (IRIESTOIRIEIt ulu°mays) 0011 Labor 001 Sleell Sheet Ill Ile Anchored WaIll 002 Equipment 002 Steell Sheet Ill Ile Andhoii ed WaIll 003 IVaateirlaall 003 Steell Sheet Ill Ile Anchored WaIll Approval (Approved) User / Role Status FdclkAlexandeif (IlExteirinall G(,,) Appiroved Selp 07, 2023 04 12 PIM CS I I I IIingle (Fliroject I, ir) Approved Selp 07, 2023 04 ': 13 IPIMI CS F Airnalla "Molly" V11111airreal (Clity ll.. inglineeir) Appiroved Selp 07, 2023 0521 PMCS F BB aQ Ilia (11.1irectoir) Appiroved Selp 08, 2023 O&H AIM CS11 Cirystall Vallenclia (Adimin) ApIpiroved Selp 08, 2023 0&59 AIM CS11 JU111W IFl1111lis (Assil,Aairit ClIty Manageii) Approved Selp 08, 2023 0913 AIM CS11 Fhna BmUssaird (C'lity Clerk) Appiwed Selp 08, 2023 09:114 AIM CS11 Total Amount 1,494WO58 1,128,643.62 568,105-50 3,703,250.88 11btall 0.00 Comments Projectmates C11YO F BEAUMON I. FIROJECI POJO E&COM Change Order #001.001 PW1023 ,012 Riveirfiroint IPairlk Restaration, 801 IMaiin Stireet, IReaurnoint, Texas 77701 USA Maiiday, Atio 12, 2024 Change Order Details Grand Total: $159,745.46 Description C11harge Oirdeii 1 1!: Concirefel I IDelknrils & Cirraosolte, Reirnovall, DIVIS10in 35 Waterway and I (3oinsfrLICH011 S necessary tr o eimove and I dispose of subsitaintiall ainmints of ,.Ax.)jpe of Work Phis requesfed chainge aidel, IF, unfureseein I coinc.irelle debris, a Ilsriclk waIll sitiruckure, and lbuilled creosofe I Flife debirls and pillinqs wom discovei[ed once coinMi[uctloini Ii egain, desloille sevei[all ,Aji[veys fa dentify Woy POW11mdEfl conflicts to the inew irinpiroveirreinifs, 11 his debirls conflichi, with placeiment of I flheAGIBIMI irmataind the bulkhead waIll 01Fa f1he W11th end of f1he Rivefflont I and musit be mimoved and pirolpedlydisposed of Naar corstinuction to contlinue, Awarded to RickAllexandeii (C.'allain I I.Ad), 29143 Created lBy RickAlcmaindeir (Callan I, I.Ad) Clireafe I Aug 18, 2023 DZ26 IPIM CS F Reasoni Code Unfoirseein Site Conditions Days Chainged 12 Aliftarlifuneinlifs RES 23-319 Riverfront Park QQJ.pd[f 2s dumpsters.pd Change Order 1 - Concrete Debris & Creosote Remoyal.pd[f Change Order r ports.pif Creosote Dumpsters.pd Additional Info I LIIFK; Rem Fyipe 11. u rn I Susan Group 3,0 Construction Cremated 01F� OdI3,2023 Capital Planning Calplitall IPlaininling Constirucit.lon IIR live irf roin f IlirlkR1 es fo ira bo n Capil[all l l Yeaif 2023 Accounting Ifteirn lid 448 IPO Number 4.33176 FIRMA INu.urmlkae ii 6499 AccounUing Piroject Code 11 ill 3015 Summary Oiriglinall C(Yr)�MG� SUIM Nei Cosl: lby IPireviouns Ajpjpi,owxJ Chainge Oirdei, Coif%racSuifn l Phis Chainge Oirdei, Coni:iracSwin Chainged lBy Phis (.31hainge Oirdei� INew Coinhracll Surn Sub,,Aanball Coirnplebon l MeC Fliire (.1.1hainge lBy l Change Order Skjli)s,aintlall Completion Before Phis Uwnge, Order I rne Changed lBy I lhiis Clil Order New Sulbsllainflall Coin npletion IDak�, A1111 Chainge Oil ders of 1:11-le Origlinall Contract Line Items Item # Account Code Concrete and IBiriiick IDelbiriiis Reirnovall - Ch arige Order 1 001 Concrete/ Brick 002 Creosoto WBS/ Section KNORMN 352023 13 16,879,1376,00 01)o 16,819,3MOO 159,745.46 17,039,121 4 6 NJA 0 day(s) INJA 12 day(s) IN/A 0 946394345383383840'721)65'7300% Description Concrete/ Bidek Ekdbirls Reinoval Creosote I 4rflber Ilnfllaa Ilia=rnova11 Total Amount 1128,214.13 31,531M Totall 159,745.46 Approval (Approved) User / Role I I (Extei[ iriiall inspecLoir) Clhiris 1.1uy (11inactive) (11...xteirina111 ...ingineeiI) III I ingle (Fliroect IlMainageiI) Airrmha Volly" Alkairreall (City ll.. ingIneeir) Bail 11.3,airtlkowlak (1111�rf.,Ctojf) CIFY,SWIl Valencia (AdirvIiri) June FIN,-, (Assistarnt ClIty Mairiageir) i"h w 111 i ou-saii d (City Clerk) Status Alpl31roved Oct 116, 2023 09':06 AIM CS I Ajpj,,)iroved Oct 11 62023 11058 AIM CS I Ajpj:)iroved Oct 16, 2023 11 ':03 AIM CS I Ajpj.,)iroved Oct R 2023 02:,157 IPIM CS 11 Approved Oct 202023 1030 AIM CS F Appiwed: Nov 01, 2023 08:03 AIM CS11 Appiroved 102, 2023 09:59 AIM CS11 Aji)j.,)iioved 102, 2023 09:59 AIM C1311 Comments Approved oii 1 110 311.23 lby IiZes. 123 3119 3 % TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Amalia Villarreal, P.E., CFM, Director of Public Works, Interim MEETING DATE: January 7, 2025 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Fannin Street and 11th Street Storm Sewer Point Repair and Cavity Repair Emergency Project. BACKGROUND The City of Beaumont Public Works Engineering was notified by the Streets and Drainage department about a cavity in City right of way at the intersection of Fannin Street and 1 lth Street on December 18, 2024. During an on -site investigation and inspection of utilities in the area, a failure in the storm sewer along 1 lth Street was discovered near its connection to the box culvert trunk line running along Fannin Street. This failure has caused a large cavity to form at the surface, exposing several other utilities, including an AT&T fiber optic duct bank, a sanitary sewer line, a gas line, multiple utility poles, and an AT&T electrical box that has been undermined to the point it is falling into the cavity. Given the size of the cavity, the exposure and undermining of nearby infrastructure, and the preliminary findings from the survey and inspection indicating defects in the storm sewer line, Public Works/Engineering has determined that stabilization of the site and repairs to the storm sewer must be performed on an emergency basis. On December 19, 2024, the City obtained a time and materials proposal not to exceed the amount of $112,334.00 from Brystar Contracting, Inc., to stabilize the cavity by backfilling and making the necessary storm sewer repairs. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Fannin Street and I Ith Street Cavity RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to award a contract to Brystar Contracting Inc., of Beaumont, Texas, for the Fannin Street and I Ith Street Storm Sewer Point Repair and Cavity Repair Emergency Project, in an amount not to exceed $112,334.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, - Mayor Roy West - City ofBeaumont Purchasing Department 8O1Main Street, SWite32O Beaumont, Texas 777O1 Re: Fannin Street and m Street Emergency Storm Sewer Point Repair and Cavity Repair This letter istoinform you that the City ofBeaumont Engineering Departn1entvva3nodfied by the Streets and Drainage department about a cavity in City right of way at the intersection of Fannin Street and 11th Street DDDecember l8,2O24. Onsite investigation and inspection ofthe utilities inthis area led tothe discovery that the storm sewer @lOngl1th Street had afailure near the connection point tothe box culvert trunk line that runs along Fannin Street. This failure lead tothe large cavity showing onthe surface and exposing several other utilities, including anAT&T fiber optic duct bank, �sanitary sewer line, gas line, several utility poles in proximity and also anAT&T electrical box that has been undermined tothe point itisfalling into the Due tothe size ofthe cavity, the exposure and undermining of other infrastructure, and the preliminary findings ofthe survey and inspection showing defects with the storm line, Public Works/Engineering has determined that the repair of these cavities and repair of the storm sewer line, must be performed on nDemergency basis. Engineering has received a not to exceed cost proposal from Brystar Contracting to stabilize the utilities within the cavity by backfilling, and then performing the Sto[nn sewer repair to prevent any further damage. This not bmexceed budget provided is$2l2,334.O0. If you have any further questions, please feel free to contact me at (409) 880-3725. Sincer r art, k Director of Public Works PU8UCWURKS 0 F 409880.3733 POBox 3827Beaumont, TK777V4 8UIMain St. 1ZwFloor |Beaumont, TX777O1 beaumonttexas.Qov 8385 Chemical Road - Beaumont, Texas 77705 - (409) 842-6768 December 19, 2024 Molly Villarreal, P.E. - City Engineer David Tingle, E.11'. — Public Works Design Manager City Hall, 801 Main Street Beaumont, 'Texas 77701 Re: Fannin & 11"' Street Emergency Sinkhole Based on the site visit and correspondence with the City of Beaumont dated December 18, 2024, Brystar offers the following information for your review. Not To Exceed Budget $112,334.00 Scope of Work: - Backfill Hole w/ Cement Stabilized Sand Before Christmas & New Year Break - After the Break, Setup Traffic Control - Remove Sidewalk, Curb, and Pavement - Grout and Abandon Existing 30" Pipe - Modity Existing Inlet (Add Grate) - Install 30" RCP (Tie Into Existing Inlet and Box Culvert) - Install Concrete Pavement & Limestone Base Subgrade - Install Sidewalk and Curb - Sodding Exclusions: - SWPPP - Permits, Bonds, Fees Brystar Conti -acting appreciates the opportunity to submit this proposal. Should You have any questions or concerns, please do not hesitate to call. Sincerely, 'Trevor Holmes Project Manager trevor(ii)brystar com 409-659-7334 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: January 7, 2025 REQUESTED ACTION: Council consider a Resolution authorizing the City Manager to use transit -revenue vehicle services for emergency evacuations during natural or man-made disasters, following an imminent threat or an emergency declared by the President, Governor, or the Mayor of the City of Beaumont, or in emergency situations requiring immediate action. BACKGROUND The City of Beaumont Transit system, also known as the BMT Zip, provides public transportation services under the guidelines and provisions of the Federal Transit Administration. Due to the geographical location of the City of Beaumont, severe weather events can occur, man- made disasters, and emergencies can be declared, residents may require emergency transportation services. Under those circumstances as described, and in full compliance with the CFR-2010- 49 — PART 604 CHARTER SERVICE, the City Manager or approved designee will approve the use of transit revenue vehicles (Le., Buses or Paratransit Vans), to transport or otherwise to evacuate residents to and from a safe location. FUNDING SOURCE Transit Fund. RECOMMENDATION Approval of the Resolution. ATTACHMENTS 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 permit the use of transit -revenue vehicles for emergency evacuations during natural or man-made disasters, following an imminent threat or an emergency declared by the President, Governor, or the Mayor of the City of Beaumont, or in emergency situations requiring immediate action. 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, - Mayor Roy West - 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: January 7, 2025 REQUESTED ACTION: Council to consider an ordinance authorizing participation in regulatory proceedings of Entergy Texas, Inc. in 2025. BACKGROUND In 2024, the City participated in several proceedings that resulted in cost savings to our citizens and local businesses. Continued participation will allow the City to participate and reap the benefits of negotiated settlements when Entergy Texas, Inc. files with the Public Utility Commission. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ATTACHMENTS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2025; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, cities have exclusive original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.00; and, WHEREAS, cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing sei vice in the municipality pursuant to Tex. Util. Code § 33.025; and, WHEREAS, Entergy Texas, Inc. ("ETI" or "Company") is expected to file rate change requests in various proceedings before the Public Utility Commission of Texas ("Commission") or before municipalities in 2025, which may include (1) a base rate case, (2) rate proceedings or cost adjustments such as a transmission cost recovery rider, a distribution cost recovery rider, a generation cost recovery rider, energy efficiency cost recovery factor, or storm restoration cost or offset true -ups, (3) and various fuel cost refunds or surcharges and reconciliations; and, WHEREAS, cities have the statutory right to set fair and reasonable rates for both the Company and customers within cities; and, WHEREAS, cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code § 33.023; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: Section 1. The City of Beaumont shall participate with other cities to intervene in ETI's various rate filings related to any base rate adjustment proceedings or cost of service adjustments, the various fuel cost surcharges and reconciliations, and any other interim or incremental surcharge proceedings or surcharge adjustments filed with the Commission or with municipalities in 2025. Section 2. The City of Beaumont employs the Lawton Law Firm P.C. to represent the City regarding the ETI rate matters before local regulatory authorities and the Commission and authorizes counsel to employ rate experts as are recommended by the Cities' Steering Committee to intervene in rate - or fuel -related proceedings at the Commission concerning ETI's rates charged to Texas customers. Section 3. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with participation in said proceedings. Section 4. 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. Section 5_ This ordinance shall be effective from and after the date of its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, 2025. - Mayor Roy West - ATTEST: C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: January 7, 2025 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a drinking place in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 3100 N. Major Drive, Building C, Suite 5. BACKGROUND Dion Lowe and Alicia Ramsey are requesting approval of a Specific Use Permit to allow a drinking establishment to be located at 3100 N Major Drive, Building C, Suite 5. The proposed operations will run from 12:00 PM to 2:00 AM. The business plans to offer specialty drinks and finger foods. The applicant intends to cater to after -work needs for professionals, with a dress code and age limit for patrons. At a Joint Public Hearing held on December 16, 2024, the Planning Commission recommended 5:0 to deny the request for a Specific Use Permit to allow a drinking place in a GC-MD-2 (General Commercial Multiple Family Dwelling-2) District for property located at 3100 N. Major Drive, Building C, Suite 5. Should Council approve the request, staff recommends the following conditions: 1. The establishment and property premises shall remain in compliance with the Building Code, Fire Code, Zoning Code, Offenses and Nuisance Code, Health and Sanitation Code and all other applicable codes of the City. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back -flow, pre-treatment and/or FOG program. 3. Shall enroll in the Beaumont Police Department's Real Time Crime Center program and maintain annual subscriptions thereafter or employ security patrols during operating hours. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN AN GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 3100 N. MAJOR DRIVE, BUILDING C, SUITE 5, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Dion Lowe and Alicia Ramsey, have applied for a specific use permit to allow a drinking place in an GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 3100 N. Major Drive, Building C, Suite 5, being Tract 82-A, Plat SP-1, H. Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, containing 8.66 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of a specific use permit to allow a drinking place in an GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 3100 N. Major Drive, Building C, Suite 5; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a drinking place is in the best interest of the City of Beaumont and its citizens, subject to the following conditions: 1. The establishment and property premises shall remain in compliance with the Building Code, Fire Code, Zoning Code, Offenses and Nuisance Code, Health and Sanitation Code, and all other applicable codes in the City; and, 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program; and, 3. Shall enroll in the Beaumont's Police Department's Real Time Crime Center program and maintain annual subscriptions thereafter or employ security patrols during operating hours; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. THAT a specific use permit to allow a drinking place in an GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 3100 N. Major Drive, Building C, Suite 5, being Tract 82-A, Plat SP-1, H. Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, containing 8.66 acres, more or less, as shown on Exhibit "A," attached hereto is hereby granted to Dion Lowe and Alicia Ramsey, their legal representatives, successors and assigns, as shown on Exhibit `B," attached hereto and made a part hereof for all purposes, subject to the following conditions: 1. The establishment and property premises shall remain in compliance with the Building Code, Fire Code, Zoning Code, Offenses and Nuisance Code, Health and Sanitation Code, and all other applicable codes in the City. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 3. Shall enroll in the Beaumont's Police Department's Real Time Crime Center program and maintain annual subscriptions thereafter or employ security patrols during operating hours. 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 I Notwithstanding the site plan attached hereto as Exhibit `B" 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, - Mayor Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 82-A, Plat SP-1, H. Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, containing 8.66 acres, more or less. Case Type: Planning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2024-349 Location: 3100 N MAJOR DR, BEAUMONT, 77706 Individuals listed rota Me record: Applicant Dion Lowe and Alicia Rarnsey 6370 Arrowhead Drive Beaumont, TX 77707 Property Owner Muhammad Kapadia Missing Address, City, State, or Zip Code in People Case Type: Planning and Zoning Case #: PZ2024-349 Case Status: REVIEW Tag Name: SUP- Drinking Place in GCMD/GCMD2 Stormil's Hangout Bldg. C Ste 5 (12/16) Initiated On: 11/20/2024 4:21:23PM Florne Phone: Work Phone: Cell Phone: 409-658-8745 E-Mail: aceviellc@gmail.corn Horne Phone: Work Phone: Cell Phone: E-Mail: Page I of 3 Printed On: 12/4/2024 BEAUMONT Planning a Community Development Legal Description Number of Acres Proposed Use That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly dirninish or Impair property values within the immediate vicinity That the establishment of the specific use will not Impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided 5.55 Food and Drink Establishment The proposed Stormii's Hangout is designed to provide a classy hangout to tile citizens in tile area. The Owners will be the nianagernent team to ensure their dream Business is Successful and adds a needed quality of life to the area and the City as a whole. 'rhe Owners are unequivocally committed to making this location a successful destination that will provide superior quality services for the area. Tile Project will comply with all the building regulations and safety standards set forth by the City of Beaumont, In addition to providing much needed services, the Business will encourage future business growth at various capacities that would help in the social and economic transformation of this area. Stormii's FlangMlt, is a classy Business that will provide tile professionals in the area a location to meet, connect and relax after a long day at work. The Business will attract professionals to tile area which in turn will help further develop adjacent lands and vacant businesses. The proposed development, where Stormii's Hangout will be established, was designed by a licensed Professional Engineer registered in the State of Texas. The development has been permitted by the City of Beaumont, drainage has been approved by DD6 and TXDOT already approved tile proposed driveway. Privately owned utilities such as power, gas and Internet companies are already providing services to the project. Utilities are available because when North Major Drive was designed, it was planned for business growth and development such as the one proposed by this project. The design, location and arrangement The development where Stormii's Hangout will be established is of all driveways and parking spaces being constructed on North Major Drive, a highway owned and provides for the safe and convenient operated by the Texas Department of Transportation. The proposed movement of vehicular and pedestrian driveways were approved by TXDOT in order to provide a safer traffic entrance and exit for patrons of the shopping center and hence Stormii's Hangout. That adequate nuisance prevention Stormii's Hangout will be managed and operated by Mr. and Mrs. measures have been or will be taken Lowe, the Owners. The business is a dream the Owners that they to prevent or control offensive odor, have been fabricating in their minds for many years. In addition, they fumes, dust, noise and vibration are investing their personal money to develop the business and hence, they will not allow any violations of City Ordinances nor will they allow their business to become a nuisance to adjacent tenants or to the area. Part of their duties, will be monitoring the site for QA/QC of physical appearance and cleanliness. The Owners will abide by the noise and vibration Ordinances set by the City of Beaumont. Case Type: Planning and Zoning Page 2 of 3 Case #: PZ2024-349 Printed On: 12/412024 Planning & Community Development That directional lighting will be Stormii's Hangout is a Business located indoors and there will be no provided so as not to disturb or exterior lighting that will impact the adjacent businesses or adversely affect neighboring residential areas. properties That there are sufficient landscaping Stormii's Hangout will be developed in Building C Unit 5 of the Project and screening to Insure harmony and currently under construction at 3100 N. Major Drive. The compatibility with adjacent property development was permitted by the City of Beaumont and it meets all City Ordinances related to landscaping. In addition, The development includes a privacy fence and a 10 foot landscaping buffer on the 2 sides (south and east sides) which are adjacent to existing and proposed residential property. That the proposed use is in Stormii's Hangout, a proposed business inside a development under accordance with the Comprehensive construction will be designed as per all City of Beaumont Codes and Plan Ordinances. The Business is designed around a concept where professionals can do business or relax after work while enjoying tasty fee(] and a drink in a classy atmosphere and amazing interior decoration. Stormii's Hangout will provide a service that is much needed in a area where professionals are thriving. Notes: Case Type: Planning and Zoning Page 3 of 3 Case 4: PZ2024-349 Printed On: 12/412024 Property Owner Developer/Business Owner Proposed Project: Proposed Project Location: November 20, 2024 ZuJag Properties, LLC Dion Lowe Stormii's Hangout 3 100 North Major Drive Building C Suite 5 Beaumont, Texas 77713 We arc requesting a Sp,ecificUse Permit for Stone ii'sHangout located at 3 1 0ONorth Major Drive, Building C Suite 5 Beaumont, Texas 77713. Stormii's Hangout is a business designed to cater to the after work needs of the Professional, The Business concept is designed by Mr. and Mrs. Lowe to provide a classy environment where professionals can meet, connect and mingle while enjoying tasty foods and drinks.� The business will require a certain dress code I and age limit to ensure the implementation of their dream concept. The interior of the business is designed to provide a sootbi g atinosplicre to alleviate the stress of the day, Few of such designs include ceilings that looks like the sky1with, lighting and moving components, flooring that appears to be a water stream and different furniture designs that provides privacy for business meetings. The menu will include finger foods, specialty items such, as Stormii's famous sliders and gourmet flat breads, The Business operating hours will be 12 PM to 2� AM. This Business will provide a classy and fun place for the citizens in the area. Thew owners, Mr. and Mrs. Lowe will be operating the Business on a daily basis, Thank you so much for this wonderful opportunity. As the owners of Stori-nii's Hangout it is our desire to I build our dreamBusiness in the City of Beaumont and be a part of this great community. Looking forward to hearing a positive approval Stormii's Hangout. /b Owner/Developer Mr. and Mrs. Lowe WESTCHASE SHOPPING CENTER 3100 N MAJOR DR, BEAUMONT, TX 77713 Z2024-349: Request for approval of a Specific Use Permit to allow a drinking place In a GC-MD-2 general Commercial — Multiple Family Dwelling-2) District. pplicant: Dion Lowe and Alicia Ramsey xation: 3100 N. Major Drive, Building C, Suite 5 0 400 1 Feet II TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: January 7, 2025 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a vehicle storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 5525 Cole Street. BACKGROUND Jennifer and Buddy Dubose of Hooked Recovery are requesting approval of a Specific Use Permit to operate a vehicle storage facility to be located at 5525 Cole Street. Hooked Recovery is a repossession collector for delinquent loans of automobiles, boats, watercrafts, atv's, recreational vehicles, lawnmowers, farm equipment, utility trailers and more in collaboration with banks through the national repossession database. Notification of repossession is sent by the bank, and then accepted by Hooked Recovery where they then locate the requested repossession; once located they notify the bank, and local police department then relocate the repossessed item to the storage location at 5525 Cole Street. The item will be held on the lot for a period of 1-60 days based on the lienholders processes. City of Beaumont Police Department requires all towing services to be registered with the City, in addition to bearing proof of being licensed and permitted as a tow truck pursuant to State statues. At a Joint Public Hearing held on December 16, 2024, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a vehicle storage facility in a GC - MD (General Commercial Multiple Family Dwelling) District for property located at 5525 Cole Street, with the following conditions: The applicant shall be in compliance with Articles 12.06 and 6.08 of the City's Code of Ordinances. 2. The applicant shall obtain a Certificate of Occupancy from Building Codes. All repossessed items must be located within the enclosed area and shall not be stored on any right-of-way. 4. Any future construction plans must meet all requirements by Water utilities for water and sanitary sewer services, including any requirements of the City's back - flow, pre-treatment and/or FOG program. 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, per Section 28.02.008(d) of the City's Code of Ordinances. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: The applicant shall be in compliance with Articles 12.06 and 6.08 of the City's Code of Ordinances. 2. The applicant shall obtain a Certificate of Occupancy from Building Codes. 3. All repossessed items must be located within the enclosed area and shall not be stored on any right-of-way. 4. Any future construction plans must meet all requirements by Water utilities for water and sanitary sewer services, including any requirements of the City's back - flow, pre-treatment and/or FOG program. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A VEHICLE STORAGE FACILITY IN AN GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5525 COLE STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Jennifer and Buddy Dubose of Hooked Recovery, have applied for a specific use permit to allow a vehicle storage facility in an GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 5525 Cole Street, being Tracts 193B and 208, Reserve 1, Abstract 50, Thos Spear Addition, and all of Lot 5 and a portion of Lot 4, Block 4 Rosedale Addition, Beaumont, Jefferson County, Texas, containing 9.491 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a vehicle storage facility in an GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 5525 Cole Street, subject to the following conditions: 1. The applicant shall be in compliance with Articles 12.06 and 6.08 of the City's Code of Ordinances; and, 2. The applicant shall obtain a Certificate of Occupancy from Building Codes; and, 3. All repossessed items must be located within the enclosed area and shall not be stored on any right-of-way; and, 4. Any construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirement of the City's back -flow pre- treatment and/or FOG Program; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a vehicle storage facility 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 vehicle storage facility in an GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 5525 Cole Street, being Tracts 193B and 208, Reserve 1, Abstract 50, Thos Spear Addition, and all of Lot 5 and a portion of Lot 4, Block 4, Rosedale Addition, Beaumont, Jefferson County, Texas, containing 9.491 acres, more or less, as shown on Exhibit "A," attached hereto is hereby granted to Jennifer and Buddy Dubose, their legal representatives, successors and assigns, as shown on Exhibit `B," attached hereto and made a part hereof for all purposes, subject to the following conditions: 1. The applicant shall be in compliance with Articles 12.06 and 6.08 of the City's Code of Ordinances. 2. The applicant shall obtain a Certificate of Occupancy from Building Codes. 3. All repossessed items must be located within the enclosed area and shall not be stored on any right-of-way. 4. Any construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirement of the City's back -flow pre- treatment and/or FOG Program. CPrtinn 7 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 as Exhibit `B" 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, - Mayor Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tracts 193B and 208, Reserve 1, Abstract 50, Thos Spear Addition and all of Lot 5 and a portion of Lot 4, Block 4, Rosedale Addition, Beaumont, Jefferson County, Texas, containing 9.491 acres, more or less. BEAUMONT Planning & Community Development Case lype:P|unn|ngand Zoning Cape Sub Type: Specific Use Permit Case #;RZ2O34-33g Location: 5525COLEST^REAUk8UNT.777UB Individuals listed mmthe record: Applicant JENN|FERDVBOSE POBOX 1G98 LIBERTY HILL, TX78G42 Property Owner REG|0NALPRDPERTYiES 52DPost Oak Blvd, Suite 5O0 H0USTDN.TX77027 Agent JENN|FERDUBOSE POBOX 1GSg LIBERTY HILL, TX70042 Owner UUDDYDUBOSE 312SARANSLN LIBERTY HILL, TX78G42 Case Type: Planning and Zoning Case Status: REVIEW Tag Name: SUP -Towing/Repo storage yard (12M8) Initiated On: 11/12/2024 3:49:27PM Horne Phone: 512-30{-0304 Work Phone: Cell Phone: 512-351-6325 E-Mail: hoohmd78013@0meU.00m Horne Phone: 713-220-1913 Work Phone: Cell Phone: Home Phone: 512-300-0304 Work Phone: CeKPhone: 512-351-6325 Horne Phone: 5125775635 Work Phone: Cell Phone: Page 1of2 BEAUMONT Planning & Community Development Legal Description REPOSSESSION TOW COMPANY ONLY Number of Acres 0.25 Proposed Use VEI-11CLE STORAGE That the Specific LISO Will be Hooked Recovery will use and operate the desired location and stay compatible with and not injurious to in compliance and be compatible with and not injurious to the, use the use and enjoyment of other and enjoyment of other property values within, the immediate vicinity. property, nor significantly diminish or Impair property values within the Immediate vicinity That the establishment of the specific use Will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention rneaSUres have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Hooked Recovery will not use or impede the normal and orderly development and improvement Of surrounding vacant property ill everyday operations of business. Hooked Recovery will maintain adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided when needed. Hooked Recovery will maintain and operate use of the location as its designs, functionality and arrangement of all driveways and parking spaces provides for the safe and convenient rnovernent of vehicular and pedestrian traffic. [looked Recovery will strongly take all precautions and adequate processes to avoid being a nuisance or cause disruptions to prevent or control offensive odor, fumes, dust, noise and vibration. Hooked Recovery will follow and abide by all directional lighting will be provided so as not to disturb or adversely affect neighboring properties. Flocked Recovery will maintain sufficient landscaping and screening to insure harmony and compatibility with adjacent properites. Hooked Recovery will ensure the location is in compliance with its proposed use in accordance with the comprehensive plan. Case Type: Planning and Zoning Page 2 of 2 Case #: PZ2024-339 Printed On: 12/412024 Hooked Recovery CC. Buddy &JenoifenDuBose Mailing: POBox 1699Liberty Hill TX78648 Storage Location: 664OGaskexFreeway Ste. 144Beaumont TX777O8 Business: (512)3OO-O]Q4 Cell: (51J)577-6635or(512)35l-G]25 Dear City ufBeaumont & Pernit!sDepartment Thank you In advance for consideration for Hooked Recovery to become a long tem business entity with Jefferson County and the City ofBeaumont. We are proud to have been in business since 2012 and 6 cities around the Great State of Texas, Repossession Companies are far and few |nbetween, but Pride our business and staff to maintain the Highest level ofProfessionalism and Honesty. All our staff receives extensive training and continuous education annually, We are affiliated with TDLR (Texa's Department of License and Regulations), RISC (Recovery Industry Services Company) and maintain Hundreds ofContracts with National Financial Institutions across America. Hooked Recovery's Business Hours Lothe Customers & Transport Drivers are: Monday through Friday (by strict appointmentonly) 8am-12PkANoon ONLY. Our gates are accessible to Staff (Wrecker and Camera car drivers) 24 hours a day / 5 days per week; based on various work shifts. Hooked Recovery is a100Y6Repossess Company for the following: Auto, Boats & Watercrafts, ATV's, and Recreational Vehicles, Lawnmowers, Farm Equipment, Motorcycles, Dump Trailers, Gooseneck trailers and K8otorhomem. We do not conduct Private Property orimpound vehicles. Daily Repossession Process: Bank sends out notification of repossession (National Repo Database website) / We accept /VVelocate Vehicle, verify V1P,HOOK unit / driver gets tnsafe spot / Report Collateral, bank, Debtor, and our information to Local Police Department ASAP Tow unit to our storage location / (Morning hours) Complete Banks desired Picture and Condition report process Customer calls for Property or Redemption Appointment, Questions, etc Vehicle stored onlot 1—GOdays based unLienhu|dersprocess, transport, auction, etc. 34-40%ofcustomer's redeem their vehicles from uswithin 14days 40% of vehicles leave to Auctions via transport 3-12 10% of vehicle we direct deliver to Gulf Coast Auto Auction or Hertz (3390 Harrison avenue Beaumont) Staff and Owners are available 100%ofthe time. Please never hesitate toreach out via Business phone, Cell phones, Email, orstop byour location during 8am-12mmMonday through Fhdmyy Thank you again; I hope this letter explains the nature ofour business and process. PZ2024-339: Request for approval of a Specific Use Permit to allow a vehicle storage facility in a GC -MD (General Commercial - Multiple Family Dwelling) District. Applicant: Jennifer & Buddy Dubose of Hooked Recovery Location: 5525 Cole Street TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: January 7, 2025 REQUESTED ACTION: Council consider a request for an Amended Specific Use Permit to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices on the GC-MD-2 (General Commercial Multiple Family Dwelling-2) District portion of the property for property located at 3100 N. Major Drive. BACKGROUND In February of 2017, the City Council approved a Specific Use Permit to allow a 37,750 sq. ft. retail shopping center with 216 parking spaces. The proposed tenants included retail shopping, offices and restaurants. In April of 2023, the developer received an Amended Specific Use Permit to accommodate site layout changes from the original application. Hani Tohme is requesting approval of an Amended Specific Use Permit to allow the construction of a third driveway to serve the retail shopping center. This driveway will be gated and serve as an access point for delivery trucks. The submitted site plans show a 5' wide sidewalk to be placed within the Texas Department of Transportation (TXDOT) right-of-way. Planning staff have not received a copy of a permit issued from TXDOT allowing a sidewalk within their right-of-way. Therefore, the applicant and their engaged contractor will be held responsible to ensure development of the facility follows the site plan approved by the Planning Division on March 14, 2023, which demonstrated all parts of the sidewalk to be installed on private property. At a Joint Public Hearing held on December 16, 2024, the Planning Commission recommended 4:1 to approve the request for an Amended Specific Use Permit to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices on the GC- MD-2 (General Commercial Multiple Family Dwelling-2) District portion of the property for property located at 3100 N. Major Drive, with the following conditions: Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 3. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development. 4. The 5' wide sidewalk shall be constructed on private property along the front property line, unless the applicant submits to the Planning Offices written permission from the Texas Department of Transportation (TXDOT) allowing the sidewalk to be placed within their right-of-way. 5. Shall submit an amended plan to the Building Official reflecting the construction of the third driveway. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 3. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development. 4. The 5' wide sidewalk shall be constructed on private property along the front property line, unless the applicant submits to the Planning Offices written permission from the Texas Department of Transportation (TXDOT) allowing the sidewalk to be placed within their right-of-way. 5. Shall submit an amended plan to the Building Official reflecting the construction of the third driveway. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW RESTAURANTS, CLOTHING STORES, FOOD SHOPS, BEAUTY SALONS, PROFESSIONAL OFFICES, AND A THIRD DRIVEWAY TO SERVE THE RETAIL SHOPPING CENTER IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE DWELLING-2) DISTRICT AT 3100 N. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Hani Tohme, is requesting approval of an amended specific use permit to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons, professional offices, and a third driveway to serve the retail shopping center at 3100 N. Major Drive; and, WHEREAS, on February 28, 2017, Council passed Ordinance No. 17-014, approving a specific use permit to allow a 37,750 sq. ft. retail shopping center with two hundred and sixteen (216) parking spaces; and, WHEREAS, on April 4, 2023, Council passed Ordinance No. 23-033, approving a specific use permit to accommodate site layout changes from the original application; 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 retail shopping center with restaurants, clothing stores, food shops, beauty salons, professional offices, and a third driveway to serve the retail shopping center in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 3100 N. Major Drive, being Tract 82-A, plat SP-1, H. Williams Survey, Abstract 56, City of Beaumont, Jefferson County, Texas, containing 8.66 acres, more or less, as shown on Exhibit "A," subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements; and, 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program; and, 3. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development; and, 4. The 5' wide sidewalk shall be constructed on private property along the front property line, unless the applicant submits to the Planning Office written permission from the Texas Department of Transportation (TXDOT) allowing the sidewalk to be placed within their right-of-way; and, 5. Shall submit an amended plan to the Building Official reflecting the construction of the third driveway; and, WHEREAS, Hani Tohme, requests approval of the amended specific use permit to continue the development of the Westchase Shopping Center for a retail shopping center with restaurants, clothing stores, food shops, beauty salons, professional offices, and a third driveway to serve the retail shopping center, in a GC-MD-2 (General Commercial -Multiple Dwelling-2) District for the property located at 3100 N. Major Drive, being Tract 82-A, plat SP-1, H. Williams Survey, Abstract 56, City of Beaumont, Jefferson County, Texas, containing 8.66 acres, more or less, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons, professional offices, and a third driveway to serve the retail shopping center, in a GC-MD-2 (General Commercial -Multiple Dwelling-2) District located at 3100 N. Major Drive; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit 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. Section 1. That the amendment of the specific use permit be granted to Hani Tohme, their legal representatives, successors, and assigns for that certain tract shown on Exhibit "A," attached hereto and made a part hereof for all purposes, to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons, professional offices, and a third driveway to serve the retail shopping center in a GC-MD-2 (General Commercial -Multiple Dwelling-2) District for the property located at 3100 N. Major Drive, subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program. 3. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development. 4. The 5' wide sidewalk shall be constructed on private property along the front property line, unless the applicant submits to the Planning Office written permission from the Texas Department of Transportation (TXDOT) allowing the sidewalk to be placed within their right-of-way. 5. Shall submit an amended plan to the Building Official reflecting the construction of the third driveway. 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, - Mayor Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 82-A, Plat SP-1, H. Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, containing 8.66 acres, more or less. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case#: PZ2024-325 Location: 3100 N MAJOR DR, BEAUMONT, 77706 Individuals listed oti the record: Applicant Hani lohnie 85 Interstate Frontage Rd. Suite 204A Beaumont TX 77707 Property Owner ZuIag Properties, LLC Missing Address, City, State, or Zip Code in People Case Type: Planning and Zoning Case #: PZ2024-325 Case Status: REVIEW Tag Narne: AMENDED SUP -3rd driveway on N Major Drive (112/16) Initiated On: 10125/2024 6:31:46PM Horne Phone: Work Phone: Cell Phone: 409-782-9520 E-Mail: tohmehani@yahoo.corn Horne Phone: Work Phone: Cell Phone: E-Mail: Page I of 3 Printed On: 12/4/2024 BEAUMONT Planning & Community Development Legal Description Number of Acres Proposed Use That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly dirninish or impair property values within the immediate vicinity That the establishment of the specific use will not Impede the normal and orderly development and improvement Of Surrounding vacant property; That adequate utilities, access roads, drainage and other necessary Supporting facilities have been or will be provided I I WILLIAMS ABS-56TR 82-A SP-1 8.660 AC FEE 614 AGIR USE 8.60 Delivery for Shopping Center The proposed driveway on the south side development will only be utilized by delivery trucks and will be gated. The driveway will serve businesses in the shopping center such as professional offices, food establishments, naillhair salons, clothing retail and grocery stores. Any other businesses, will have to receive a separate Specific Use Permit. The management team as well as the responsible party of the proposed project will be unequivocally committed to making this location another successful destination that will provide superior quality services for the area. The Project will cornply with all the building regulations and safety standards set forth by the City of Beaumont, Drainage District 6 and the Texas Department of Transportation, which already approved file driveway. In addition to providing much needed services/resources and single family properties in the rear of the shopping center, the project will encourage future business growth at various capacities that Would help in the social and economic transformation of this area. The objective of this driveway is to eliminate the usage of the main entrance to the shopping center by the delivery trucks. By providing a separate entrance to the delivery trucks, it will be safer and easier for the patrons to enter and leave the shopping area. The proposed development was designed by a licensed Professional Engineer registered in the State of Texas. The development has been permitted by the City of Beaumont, drainage has been approved by DD6 and TXDoT already approved the proposed driveway. Privately owned utilities such as power, gas and Internet companies are already providing services to the project. Utilities are available because when North Major Drive was designed, it was planned for business growth and development such as the one proposed by this project. The design, location and arrangernent The development is proposed to be constructed on North Major Drive, of all driveways and parking spaces a highway owned and operated by the Texas Department of provides for the safe and convenient Transportation. The proposed driveway was approved by TXDOT in movement of vehicular and pedestrian order to provide a separate entrance to delivery trucks which will in traffic term provide a safer entrance and exit for patrons of the shopping center. Case Type: Planning and Zoning Case 4: PZ2024-325 Page 2 of 3 Printed On: 12/4/2024 BEAUMONT Planning & Conintunity Development That adequate nuisance prevention The proposed driveway will be separated from adjacent properties by measures have been or will he taken a 10 foot landscaping buffer and an 8 foot tall fence. The driveway to prevent or control offensive odor, will be maintained and regulated by the property management learn. fumes, dust, noise and vibration Part of their job descriptions, will be monitorii ig the site for CA/QC of physical appearance and cleanliness. The property management team will ensure that the driveway will be gated and only used by delivery trucks. The development operators will abide by the noise and vibration Ordinances set by the City of Beaumont. That directional lighting will be The lighting at the proposed development will be designed by an provided so as not to, disturb or Electrical Engineer and will meet the City of Beaumont's Ordinance, adversely affect neighboring guidelines and regulations. All the lighting system at the site will be properties LED with property designed luminous in order not to disturb or affect neighboring properties and traffic. The proposed driveway will not add any lighting to the project. That there are sufficient landscaping The proposed development will have the 6' landscape buffer on North and screening to Insure harmony and Major Drive and 10 foot wide landscaping buffers on the south and compatibility with adjacent property east side of the property where the proposed driveway will lead. The landscape buffer will separate the shopping center from the existing and proposed residential neighborhoods. In addition, islands/peninsulas will be installed as W(JUired by the City of Beaumont Landscaping Ordinance. A 1" irrigation water meter with an RPZ will be used to water all the landscaping. That the proposed use is In The proposed development was designed as per all City of Beaurnont accordance with the Comprehensive Codes and Ordinances, as well as the Texas Department of Plan Transportation and Drainage District 6 requirements. The proposed driveway will provide a safer and easier access to the patrons by designating the driveway to delivery trucks. Case Type: Planning and Zoning Page 3 of 3 Case #: PZ2024-325 Printed On: 12/4/2024 Property Owner Zulag Properties, LLC Developer/Business Owner Muhammad kapadia Proposed Project: Truck Delivery Driveway for Shopping Center Proposed Project Location: 3 100 North Major Drive, Beaumont, 'I I exas 77713 October 15, 2024 We are requesting a Specific Use Permit for an additional truck delivery driveway for a shopping center under construction located at 3 100 North Ma�jor Drive, Reamliont,'I'mis 77713. 'File City Council approved a specific use permit for a shopping center and single-family lionie Subdivision located at, 3 100 North Major Drive, The Texas Deparhuent of Transportation approve([ a driveway oil the south side of the property. The proposed driveway will be gated and used only by delivery trucks. The proposed driveway will be utilized by delivery trucks to serve the shopping center that is under construction and consists of three structural steel buildings oil a reinforced concrete foundation. The buildings will be architecturally attractive with projections and varying elevations, and a mixture of stucco and stone for tile exterior wall cladding. The shopping center will be used for professional offices, (6od establishments, nail/hair salons, clothing retail stores and grocery stores. The Owner will manage and operate the shopping center. The shopping center's operating hours will be between 5 AM and I I PM. 'file shopping center has been permitted by the City of BeaLlIllont with approvals from 'FXDOTand Dl)6 and is Under Construction. ']'Ile proposed driveway oil the south side of the property will separate the delivery trucks from the patron vehicles for a safer traffic flow. This project will contribute to the growth along North Major Drive and will attract more businesscs to tile area. The shopping center will provide desired services to the area residents. Thank You so much for this wonderful opportunity. As tile owners of Zulag Properties, LLC it is our desire to continue developing in the City of Beaumont and be a part of this great community. Looking forward to hearing a positive approval oil this proposed driveway. Owner/Developer ............ .. . . . .... ..... .... ..... . ........... .. ...... ........ ........ . .......... . ........ --- %WESTCHASE SHOPPING CENTER gv�, 3100 N MAJOR DR, BEAUMONT, TX 77713 �Z2024-325: Request for approval of an Amended Specific Use Permit to allow a retail shopping center Frith restaurants, clothing stores, food shops, beauty salons and professional offices on the GC-MD-2 ;General Commercial — Multiple Family Dwelling- 2) District portion of the property. 4pplicant; Mani Thome Location; 3100 N. Major Drive 0 400 Feet E e TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: January 7, 2025 REQUESTED ACTION: Council consider an ordinance to declare 328-338 Bowie & 486-498 Pearl Street, also known as "The Gilbert Building," as Imminent Danger and order the owner to raze the said structure within 5 days, staff is requesting City Council authorization to demolish said structure without further notification to the property owner or City Council action. BACKGROUND On June 6, 2024,"The Gilbert Building" was engulfed by fire. On August, 20, 2024, City Councial approved Ordinance No. 24-043 ordering that the building's roof, walls and floors be restored by January 10, 2025. As of December 19, 2024, the property owner has communicated to City staff that the restoration project at 328-338 Bowie & 486-498 Pearl Street, also known as "The Gilbert Building," will not meet the January 10, 2025 deadline set by Ordinance No. 24-043. Staff have not received an updated project schedule, nor a decision made by the property owner whether to proceed with the project as indicated on both project schedules. This decision was to be made in October/November, 2024. While some interior demolition work and additional analysis has been underway, no permits to repair the building have been applied for. Please see below for a more detailed timeline of this case for reference and staff recommendation: The structure at 328-338 Bowie & 486-498 Pearl Street, also known as "The Gilbert Building," was "tagged" as imminent danger on June 10, 2024. The structure had been damaged by fire. The recommendation issued by Teri Shipman of Fittz & Shipman, Inc., a licensed engineer in the State of Texas, states, "...the building should be demolished. If the exterior walls are salvaged, a demolition plan should be prepared by a qualified professional to ensure the safe removal of the debris. The exterior walls will need to be shored with the shoring plan designed by a structural engineer registered in the State of Texas." Staff recommended demolition of the structure due to the imminent danger to life and public safety. On June 18, 2024, City Council tabled this item for sixty (60) days with the following conditions to be completed within five (5) business days: 1. Erect a 6' fence to barricade the perimeter of the building for public health and safety purposes. 2. The property owner shall submit a work program with the Building Codes Department. On August 20, 2024, an extension of time was granted to the property owner by Ordinance No. 24-043 with the following conditions: 1. The exterior walls, roof and elevated floors shall be restored to their original structural capacity, as identified by a structural engineer registered in the State of Texas and completed within one hundred fifty (150) days, no later than January 10, 2025. The property owner shall obtain all applicable permits. Requests for extensions of time shall be reviewed by the City Council. 2. The property owner shall submit a restoration progress report to the Building Official every sixty (60) days to ensure substantial progression occurs until the building complies with all codes and ordinances. The property owner shall appear before the City Council on the next available agenda subsequent to January 10, 2025, to report any findings or progress during restoration of the Gilbert Building and disclose intent to make all necessary repairs to comply with the 2021 International Property Maintenance Code. 3. The property owner shall render payment to the City of Beaumont, within ten (10) days of the date of this order, for reimbursement for the use of thirty-four (34) water wall barricades for 328 Bowie Street, the Gilbert Building, in the amount of $12,320.00. The property owner will pay all invoiced amounts for the continued use of said barricades. It is important to note, the repairs currently being made to this structure will only bring the building back to its pre-existing conditions prior to the fire that occurred this summer. The building still remains tagged as an imminent danger. Staff recommends approval of an extension to February 10, 2025 to allow the property owner additional time to comply with the following conditions: 1. The exterior walls, roof and elevated floors shall be restored to their original structural capacity, as identified by a structural engineer registered in the State of Texas and completed no later than February 10, 2025. The property owner shall obtain all applicable permits. 2. The property owner shall appear before the City Council at the February 18, 2025 meeting, to report on the completion of the project and disclose intent, plans and timeline to make all necessary repairs to bring the building into full compliance with the 2021 International Property Maintenance Code. Please see attached: - City procured structural engineering report (Exhibit A) - Owner procured structural engineering report (Exhibit B) - Signed Council work program (Exhibit C) - Ordinance No. 24-043 (Exhibit D) - Project Schedule Revision B (Exhibit E) - Project Schedule Revision C (Exhibit F) FUNDING SOURCE The General Fund. RECOMMENDATION Approve a 30-day extension to allow the property owner additional time to comply with condition #1 of Ordinance No. 24-043 (Exhibit D), with the following conditions: 1. The exterior walls, roof and elevated floors shall be restored to their original structural capacity, as identified by a structural engineer registered in the State of Texas and completed no later than February 10, 2025. The property owner shall obtain all applicable permits. 2. The property owner shall appear before the City Council at the February 18, 2025 meeting to report on the completion of the project and disclose intent, plans and timeline to make all necessary repairs to bring the building into full compliance with the 2021 International Property Maintenance Code. ATTACHMENTS - City procured structural engineering report (Exhibit A) - Owner procured structural engineering report (Exhibit B) - Signed Council work program (Exhibit C) - Ordinance No. 24-043 (Exhibit D) - Project Schedule Revision B (Exhibit E) - Project Schedule Revision C (Exhibit F) ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING THE STRUCTURE LOCATED AT 328- 338 BOWIE AND 486-498 PEARL STREET, ALSO KNOWN AS "THE GILBERT BUILDING" TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL AS A CLEAR AND PRESENT IMMINENT DANGER TO PUBLIC SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the structure at 328-338 Bowie and 486-498 Pearl Street, also known as "The Gilbert Building" in the City of Beaumont has been inspected by the Building Codes Division and found to be an unsafe structure as defined by the City of Beaumont's Code of Ordinances Chapter 24, Article 24.04 Unsafe Substandard Structures as well as Section 111.1.5(3) of the 2021 International Property Maintenance Code; and, WHEREAS, this structure was damaged by fire constituting a clear and present imminent danger to said property and the public safety; and, WHEREAS, a licensed engineer has determined the building is structurally unsound and WHEREAS, the City Council for the City of Beaumont is of the opinion that the demolition of said structure is recommended due to the imminent threat to life and public safety; 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. Section 1. After a public hearing, the structure located at 328-338 Bowie and 486-498 Pearl Street, also known as "The Gilbert Building" is hereby found to be a public nuisance in that said building violates Chapter 24, Article 24.04 of the Code of Ordinances of the City of Beaumont and is for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Chapter 24, Article 24.04 Unsafe Substandard Structures of the Code of Ordinances of Beaumont, Texas as well as Section 111.1.5(3) of the 2021 International Property Maintenance Code, it is hereby ordered that the owner or owners of the above -described building demolish and remove said structure within five (5) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within five (5) days, Council orders that the property be demolished without further notification to the property owner(s) or City Council action and assess the expenses of such demolition as a lien on the property as allowed by Texas Local Government Code, Section 214.0011(f). Section 3. That if any section, subsection, sentence, clause or 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. Certion 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. Section 6 This ordinance shall become effective from and after its passage. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, - Mayor Roy West - EAWoo'I"+ A NC (Ionsuffing Engioeeoand lmdSimeymo Ronald �Fittz,P�8RLS,(1948-1987) "Ferry G.Shipman, [I.E,Senior Consultant Bernardino oThsmn,P£.CEO Mr. Boyd Meier Building Official City ofBeuunuont P.U,Box 3827 Beaumont, TX 77704 Beaumont, Texas SITE VISIT: June 7.2024 F&S Staff Present: Terry G.Shipman Daniel Dotson Don Burrell Dear Mr. Melet- Daniel A.Dotson, �� Donald R.King, PE,Vice- President/Secretary Mitch mackin,n.P.|.S Project Number: 24001-0031 Peryour authorization, vvemade a site visit toexamine the structural condition nfthe Gilbert Building which caught fire yesterday, June 6, 2024, and continues to smolder-. Type of Construction: The building was constructed inthe early nineteen hundreds, around 1Q03. The building kyfour (4)stories inheight. The exterior walls are solid double ortriple eKhemasonry, The ground floor )oconcrete mtab-on'gnada. The foundation inconcrete but itianot known the type offoundation support it has. The floor arid roof framing is wood with wood beams (multiple widths of wood 2X's) spanning in the east west direction supporting wood floor joists and wood floor deck. The wood beams are supported by what appears to be cast iron columns extending from the ground floor to the tipper levels. There isominimal amount ufsteel at the roof level supporting elevator equipment, Present Condition wfthe Building: The second floor and mportion ofthe third floor have collapsed onto the first floor (ground levo|). The roof betotally burned out and/or collapsed onto the fourth floor, AJthe time of our site visit the building is smoldering on the interior with resultant smoke. The interior of the building is completely destroyed, • Most ofthe second floor has collapsed onto the first floor; ° Aportion mfthe third floor has collapsed onto the second floor; • The roof is burned out arid/or collapsed onto the fourth floor; 14O5Cornerstone Court ` Beaumont, Texas 77706'(489)832-7238'fax (4O9)832-73O] Mr. Boyd Moieffltdiding Official STRUCTORAL ENGINEERING SFRVICES June 7, 2024 328 Bowie Street, f3eaunront Giflibert Building Pagle 2 Project No. 24001-0031 0 The Cast iron columns have lost their lateral support at the second floor and at SOIT10 areas Of the third floor. Conchisions: Per the Beaumont Fire L)epartrnent (BFO), the fire will smolder for days unless the, debris is cleared out and spread out so water call get to the smoldering embers. At the tirne of our site visit, the smoldering debris was throwing off as moderate allIOUnt of srnoke with one pipe at tire roof level acting like a chimney. I cannot attest to methods of extinguishing the fire, completely but I can attest to the fact it Is not safe to enter the bUildirl!). If then building were entered and debris was removed, it is Illy judgment the remaining areas of the floors and roof that have not collapsed will collapse during the debris removal thus endangering workers. Also, if the interior Is completely gutted and the exterior walls left standing they will be unsupported for five levels (Counting the roof level) and Would thus become structurally UIISOLrrld. They would have to be braced at each floor level either from the exterior, which would Interrupt street traffic, Or from the interior. If the walls are left in all unbraced condition, a strong wind event will likely Cause, at a 111inlillUlfl, a partial collapse of one or more exterior walls, The building is unsafe SITUCtUrally. The only pOrtiOn Of the building that Call possible Ile saved is the exterior- walls, DUO to tile intense heat, the exterior walls likely (lid receive Structural darnage, but that cannot be fully accessed Without a closer inspection which Would have to occur after (fie interior is gutted. Also, the cast iron cOILllunS have; lost Capacity not Only from tile lOSS Of lateral Support but also fl'01'n int(,luSe heat VXpOsUre, Recommendations: The building Should be demolished, If the exterior walls ate salvaged, as demolition Plan Should be prepared by a qualified professional to ensure the safe removal of the debris. The exterior walls will need to be shored with the shoring plan designed by a structural engineer registered in the State of Texas. After the fire is fully extinguished, the streets earl be reopened to traffic, The sidewalks adjacent to the building Should remain closed, If You have any questions feel free to call. Sincerely, Fittz ty Ship"Van, hic. Aieol,,ior X-11%.-I, C, by: Terry G. Shipman, P.E.; MAsce ror tree FIrm W Fittz&Shipman, lum Mr. Boyd MeierBuilding Official STRUCTURAL ENGINEERING SERVIC June 7, 2024 328 Bowie Street, Beaumont Guilbert Build! Page 3 Project No. 24001-00r] Photograph No. I Gilbert Building 328Bmwie Street Beaumont.Texaa South Elevation — roof collapsed Fittz&Shipman, Mr. Boyd MelerBuilding Official STRUCTURAL ENGINEERING SERVICES June 7, 2024 328 Bowie Street, Beaumont Guilbert Building Page 4 Project No. 24001-0031 East Elevation — second floor collapsed East Elevation — second floor collapsed Fittz&Shlipman, Inc. Mr. Boyd MelerBung Official STRUCTURAL ENGINEERING SERVIC June 7, 2024 328 Bowie Street, Beaumont Guilbertt Build! Page 5 Project No. 24001-0011r Photograph No. 5 View thru third floor window, east elevation — portion of third floor collapsed, cast iron columns without lateral support View of roof from the northeast corner — roof collapsed, elevator equipment support damaged Fittx&Ship►man, Inc. Gilbert Building 328 Bowie Street Beaumont, Texas Interim Structural Restoration Plan Doc, # 2420501-00-EN-1RPT-003 AL! PC Protect No: 2420501 Prepared by Alliance Engincers & Project Consultants 0 Ezhibi+ a 161411(9 ZP Itev. Date Description Approved 0 August 16,2024 Issued for Reference RPF NJF I R11F AWNRAMINEEMEWTV Project 11: 2420501 Doe. 11 2420501-00-l"N-IRPT-003 Rev: 0 - - --- ------------------------ ------ ------- ----- --- — ---------- .......... Project Completed By: RN.- Dite: 08/15/24 AIALLIANCE Gilbert Building Study AWAYMININSAAMOCONWAVIS Name: Checked By: NJF Date: 08/16/24 COWENTS 1. EXECUTIVE SUMMARY K 2. EXECUTION PLAN 4 2.1 Clearing Scope ...... ....... .................... ............................................................ - ........... 4 2.2 Structural Restoration Scope .............................................................. ...... ......... - .... 4 3. ATTACHMENTS 5 ENO I ITM IVe Engitieer Resulls! Page 2 of 5 ........... .... . ... 11 AWAV AVARMSBUMMAIMi� Project fl: 2,120501 Doe. II 2420501-00-EN-IRPT-003 Rev: 0 --- - -------- . ..... INCE Pr(�Iect Completed BY: RIIF Date: 08/15/24 IALLIA Gilbert Building OLUUY AN Ar 11YAMMS it NoMerrONSAIM Name: Checked By: NJF wte: 08/16/24 1. EXECUTIVE SUMMARY AllianceETC. was requested to complete a laser scan survey of the Gilbert Building and provide structural engineering services following a fire which damaged the building oil June 6, 2024, 'file building is four stories in height and was constructed in 1907 with heavy masonry exterior walls and pilasters. 'These pilasters, internal floors, walls, and roof are the original design elements that provide the lateral support for the external walls. The obJective of this work was to determine the lateral displacement ofthe exterior walls as a first step in determining the overall stability of (lie structure. The methods and results of this work were published in the AllianceEPC report 9,21120501-00-EN-IRPIA02 dated July 26, 2024. 'File displacements indicated in the report were measured relative to a true vertical and not necessarily indicative of displacements to the as -built condition or related to the recent lire. In addition to the external laser scan survey, all internal visual drone survey was conducted to determine the extent of damage to the original lateral supports in the vertical and horizontal planes. A summary of the observations from the roof to the ground floor is listed below. 1. The roof structure is a near -total loss. 2. The 4111 floor is mostly free of fire damage. I The P1 floor is approximately 40% intact. 4, 'rhe 2 "d floor assessment is obscured by fire debris, but highly damaged. S. The ground floor is covered in debris. Ali additional key observation is that the connections between the floor structure and walls are simple masonry pockets providing vertical support and ]lot SCCLII-Cd horizontally, This is typical construction for the time and appears to have allowed the floors sections to fail without significantly damaging the exterior wall structure. The observations to (late have not indicated a significant risk of imminent structural failure of the exterior walls. However, a conclusive statement regarding the building's structural integrity call only be made upon further examination facilitated by the upcoming clearing operation. A plan for clearing the building debris, performing the detailed interior inspection and testing, and restoring the building's structural integrity has been developed in collaboration with qualified professional engineers and demolition specialists. A draft timeline of this effort and the contractor `safety and work plan' are included with this report. The overall effort will be managed by the building owner and is planned to commence immediately upon approval by the City of Beaumont. While the clearing work is progressing in mid -October, a general assessment of the building stability and status of the adjacent street access call be performed. 'file project is seliedIlled to conclude 011.1allUary 9, 2025. ENO I I I'M We Engineer Results! Page 3 of 5 AWAWAVAMEEMMMMAF Pro.ject It: 2,120501 1---.— Doe. it 242050 1-OO-FNE-JRPIT-T003Rev: 0 --- 'It Project Completed By: RPF Date: 08/15/24 /4LLIA HCE Gilbert Buildhig Study -- . ...................... . ANN RISIMRS A MA/for COMAIMAS MaIlle: Checked By: NJ F Dgme: 08/16/241 2. EXECUTION PLAN The plan for restoring the Gilbert BUilding structural integrity consists of four phases. The first two phases, initial structural assessment and the clearing and restoration plan development, have been completed. Upon approval to proceed, the final two phases listed below will be performed. 2.1 Clea!:j!jg_a!j2M Removal of debris from the building fire will be performed by j.'r.l3 Services hic, (JTB), a professional demolition company located in Flouston,Texas.The building owner will manage aid oversee this work. JTB will acquire the necessary permits and will make notification to the Texas Department of Health prior to commencement of work. JTB will work from the Pearl Street building entrance and clear the first floor of structurally LHISOUnd material Using Nvet methods and compliant Nvith asbestos handling requirements. The debris will be disposed ofoffsite as regulated asbestos containing material. Scaffold shoring will then be installed to support the second floor for access and clearing. This process will be repeated as the work progresses floor by floor to the roof. 2.2 Structural Restoration Scope Development of the design package to restore the building's structural integrity will begin during the clearing operation with a detailed internal inspection of the building's structural elements including the masonry walls, nic(al columns, and remaining intact floor struettire. This visual inspection will be supplemented with material testing as necessary to quantify the load bearing capacity of these clenients.'rhe inspection and testing data will then be used to perform ,in analysis of the combined structure and develop a design package to restore its original structural integrity. Upon approval by the owner to proceed, the SCIeCtCd construction contractor will attain the proper permits and execute the plan. The scope of this work will involve restoration of the original structural capacity of the exterior walls, roof, and three elevated floors, the details of which will be determined in the October/November timefrarne. NO I IM IVe I!,'ngineer Resula! Page 4 ot'5 Exhibit C I COTIF OF BEAUMONT G01"RIMI, 111VORIK ['111["U. ) ("# t A Mi WORK PROGRAM AGREEMENT Telephone #: Date: 08/22AW4 The property located at 328 Bowie also known as the Gilbert Buildina. was inspected by this division to determine whether the structure(s) are in compliance with the 2021 International Property Maintenance Code adopted by the City of Beaumont, I'lic, inspection revealed that the structure does not rneet minimum requirements as required by City Ordinance, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, See, 24.04.001. This work program order was issued by the City Council to allow for the property owner to bring the above StrUCturc(s) into compliance with the current 2021 International Existing Building Code adopted by the City Of Beaumont. By entering this agreement, the following provision must be met: • This property is/ is not located in local HistorieDistrict, Property that is must have a Certificate of Appropriateness (CA) from the Planning Department which must be obtained online. • All structures must have all (2020 NFC) 17.1ectrical, (2021 IMC) Mechanical, (2021 IPC) Plumbing, and (2021 IFGC) Gas performed by licensed contractors approved by the City of Beaumont Building Codes Division. • Owners MUST' use a general contractor who is bonded with the City of Beaumont. • Permits are required for all work performed. All permits must be pulled online at beaunion(texas.gov. All work must be inspected and approved by the Building Codes Division inspectors before the structure can be brought into Code Compliance. All extoi,ior waHs, mol'and ckn,,ued flom° shaH hc lvxtorcd to their (1�,i (,imd strudm,al calmeily, as dd('Wdi('d b)' S1 Sih]R, 'OD'ifl in the 'S,mic of Tc,""asand v"kh one hLindred fifi (I A days, no later exteni'dons, of, finleshall he 1�6eo cd In, (he City 1,11c, plopelly mvnex shall submit as restomtion pmgwss report (Acrlsl 60 days �o Ow NIH(fing Offic,,iaL 111CSC, Will bC dUC,' 011 10/19/2024,,1,2/20/2024, 2/16/202S ,1/17/2025, 6/16/2025,,and so on until the 111111 all codt's ond ordhlanccs, The properl , y co,%,ner shad appaCOM �,r heCorc, City ICH away OW h, �Xt Wdilid:dC aftcrJacmvy l 0, 202), to rep or� nny, findings or progress (1111,i1q, �,etonition and dluhmc WH h) nmkc A nec(,„•pmr), rcjw&.,to coropk, �vkh Ow I h0croadomd Prop("lly Nl,,�intcmuncc Code. 11c jmqwNy owne, Ad py Sj4jjQ&Y Ni admQuo Ow (10 cW Wamnow Mr We toe of 34 %wur "A baM(Ws no IM u r I h IS pqcrly owiui, shull cuokiw, U) Imy Ow Wiled anmunk I& We co&mwd ,Nc or we imumaws, I hereby agree to comply with the current 2021 Intematimml properly Maintentuvee Clude adopted by the City of Beaumont, I understand that if work is not completed on or before 11/18/2024 and 01/10/2025 respectively, innnediate action will be taken as provided by law. INI—IF 'Oh"S —I,-- T Owner's Sigun(ure Building Official Fj(hYbii D ORDINANCE NO, 24-043 ENTITLED AN ORDINANCF, DECLARINGTHE STRUCTURE LOCKIED A.'r 328- 338 BOWIE AND 486-498 PEARL S'FR'I,-,ET, ALSO KNOWN AS "THE' 011,Bra'r BUILDING," TO BE A PUBLIC NUISANCE AND ORDERING ITS D.PMOLIXION AND REMOVAL AS A CA.E.Alk AND PRESENTIM MIN BNTDANG'ER TO PUBLIC SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PY,,NAT.,'I,'Y; AND PROVIDING AN EFFEG] IVI', DiVIT', WIJERFAS, the structure at 328-338 Bowie and 486-498 Pearl Street, also known, as "The Gilbert13WIding" in the City of Beauniont has been inspected by the, Building Codes Division an([ found to be an unsafe structure as defined by the City of Beaumont's Code of Ordinances Chapter 24) Article 24.04 Unsafe Substandard Structures as well as Section * l"I 1, 1,5(3) of the, 2021 International Property Maintenance Code; and, WHEREAS, this structure Was damaged by fire constituting a clear and present imminent danger to said property and the public safety; and, WHEREAS, a licensed engineer has determined the building is structurally unsound and should be demolished; and, WHEREAS, the City Council has granted,an extension with the following conditions: 1. The exterior walls, roof and elevated floors shall be restored to their original structural capacity, as identified by a structural engineer registered in the State of Texas and completed within one hundred fifty (150) (lays; no later than January 1.0, 2025. The property owner shall obtain all applicable 'permits. Requests for extensions of time shall be reviewed by the City Council, 1 The property owner shall, submit a restoration progress report to the Building Official every sixty (60) days to ensure substantial grog tession occurs until the building complies with all codes and ordinances, The property owner shall appear before the City Council on the next available agenda after January 10, 2025, to report any findings or progress during restoration of the (Albert Building and disclose intent to make all necessary repairs to comply with (lie 2021 International Property Maintenance Code, 3. The pro])ertyowiiet'sliallrencierpayinctittothe ('ityoft3cautiioiit,within tear (10) days of the date of this order, for reimbursement for the use, of thirty-four (34) water wall barricades for 328 Bowie Street, the Gilbert Building, in the amount of $12,320.00, The property owner will pay at] invoiced ammints for the continued use of said barricades; , I JERE --,, BE ITORDAINED 13Y THE NOW I'l --, FORV C'FFY COUNCIL OFTHE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 1. After a public, hearing, the structure located at 328-338 Bowie and 486-498 Pearl, Street also known as "'Flic Gilbert Building" is hereby found to be a public, nuisance in that said building violates Chapter 24, Article 24.04 of the Code of Ordinances of (lie City of Beaumont and is for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Chapter 24, Article 24.04 Unsafe Substandard Structures of the Code of Ordinances of BeaumontTexas as well as Section I I I . 1.5(3) of the 2021 International Property Maintenance Code, it is hereby ordered that the owner or owners of the above -described building comply with the conditions of this ordinance, If the property owner(s) fail.(s) to comply with any of the above conditions- within the proscribe thrieframe, Council orders that the property be demolished without further notification to the property owner(s) or City Council action and assess the expenses of suoh, demolition as a lien on the property as allowed by Texas Local Government , Code, Section 214,0011 (0, Section 3. That if any section, subsection, sentence, clause or 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 portion.,; 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. Section 6. This ordinance shall become effective ft-orn and after its passage. The meeting at which this ordinance was approved was in all things, conducted in strict compliance with the'l.'exas, Open Meetings Act, Texas Government Code, Chapter 551. PASSED BYTHE CITY COUNCIL of the City of Beauniont this the 20th clay of August, 2024, g) m C?/V I mix 10, r /v OXM MNin or Roy Wes( - ) 71-1 -V (P uu�imiu MR 70 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenneth Coleman, Director of Public Health MEETING DATE: January 7, 2025 REQUESTED ACTION: Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property at 5150 Laurel Avenue with the legal description of MAPLEWOOD-2 L19 B7. BACKGROUND According to Beaumont's Code of Ordinances Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air, or food a hazard or injury to human health is declared to be a nuisance. The legal description and violations of this property are: MAPLEWOOD-2 L19 B7 Litter Control, Rodent Harboring Conditions, and Mosquito Breeding Conditions. If the property owner fails to comply within ten (10) days, staff is requesting the authorization of the City Council to clean the property and or authorize the City Attorney to seek legal action to have the nuisance abated. FUNDING SOURCE Local Funding RECOMMENDATION Approval of the Resolution ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 5150 LAUREL AVENUE, WITH THE LEGAL DESCRIPTION OF MAPLEWOOD- 2, L19, B7, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNER(S) HAVE TEN (10) DAYS TO COMPLY. BE IT ORDAINED BY THE CITY OF BEAUMONT: WHEREAS, according to the City of Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Section 10.01.001, a nuisance is defined as whatever is dangerous to human life or whatever renders the ground, the water, the air, or food a hazard to human health; and, WHEREAS, a public hearing has been requested for the City Council of the City of Beaumont to declare the structure listed at 5150 Laurel Avenue, with the legal description being MAPLEWOOD-2, L19, B2, to be a public nuisance as a life/safety hazard that may injure or affect the public health or comfort; and, WHEREAS, evidence has been presented to the City Council showing that the structure at 1395 Maple Avenue, is in violation of the City's Code of Ordinances Chapter 12, Section 12.07.033: 1. Excessive Litter, Chapter 12 Offenses and Nuisances, Article 12.07, 12.07.002, 12.07.003 and 12.07.004; and, 2. Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and Section 10.04.003; and, 3. Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Section 10.05.001 collections of water prohibited and Section 10.05.005 Nuisances water conditions promoting mosquito breeding; and, WHEREAS, the City Council finds that these violations created an eminent danger to the public health; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: gertinn 1 THAT the City Council hereby finds that the violations of the City of Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Section 10.01.001 listed above exist and that these violations constitute an eminent condition which may injure or affect the public health or comfort and, under authority of state law, hereby declares the structure listed at 5150 Laurel Avenue, with the legal description being MAPLEWOOD-2, L19, B2, to be a public nuisance and orders that a certified copy of this ordinance be delivered to persons responsible for the structure and that those persons immediately fix the violations. Section 2. THAT if the owner(s) of the structure of 5150 Laurel Avenue, with the legal description being MAPLEWOOD-2, L19, B2, fail to comply within ten (10) days, staff is requesting the authorization from City Council to clean the property and authorize the City Attorney to take legal action to abate the nuisances. Section 3. THAT if any section, subsection, sentence, clause or 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. 2025. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of January, - Mayor Roy West -