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Home My WebLink AboutPACKET JAN 29 2002 7u~ �X_ . K, City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 29, 2002 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition - Comprehensive Annual Financial Report(CA.FR) • Public Comment: Persons may speak on scheduled agenda item No. 6 • Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District and a specific use permit for a climate controlled self-storage facility on 4.5 acres located between Dowlen Road and Long Road 2. Consider a request for a specific use permit to allow a retail women's clothing store in Building "B", Lot 1, Tuscany Park located at 3350 Dowlen Road 3. Consider a request for a specific use permit to allow a wrecker service and vehicle storage yard in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3004-3006 Blanchette Street 4. Consider a request for a specific use permit to allow an office for a massage therapist at 8117 Gladys Avenue in existing facilities in an RM-H (Residential Multiple Dwelling-Highest Density) District 5. Consider a request for an amendment to Section 30-21.2(e)(8) and additions to Section 30-21.2 (a) and 30-21.2 (e) of the Beaumont Zoning Ordinance 6. Consider an ordinance amending Section 26-62(b) of the Code of Ordinances establishing coin operated parking meters in the Central Business District COMMENTS • Councilmembers comment on various matters • City Manager's Report- Police Communications System; 2001/2002 Broadway Theatrical Series; International Business Development; Assessment Protocol for Excellence in Public Health (APEXPH); Best Years Center Health Fair • Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Catherine Carter Claim of Patricia Williams Doris Marie Martin v. City of Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density)to GC-MD (General Commercial-Multiple Family Dwelling) District and a specific use permit for a climate controlled self-storage facility on 4.5 acres located between Dowlen Road and Long Road City of Beaumont � K C15i Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: January 29, 2002 AGENDA MEMO DATE: January 24, 2002 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling)District and a specific use permit for a climate controlled self-storage facility on 4.5 acres located between Dowlen Road and Long Road. RECOMMENDATION The Administration recommends approval of the zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District and a specific use permit for a climate controlled self-storage facility on 4.5 acres located between Dowlen Road and Long Road, subject to the gating of the entrance on Long Road. BACKGROUND The applicant proposes to construct a 60,000 sq. ft.climate-controlled self-storage facility on 4.5 acres located between Dowlen Road and Long Road. The proposed building will be of pre-engineered construction. The applicant states that there will be typically 8-10 persons per day visiting the facility. Access to the property is shown as being on both Dowlen and Long. The Traffic Manager recommends that the Long Road drive be gated and used for emergency purposes only. This would direct all the traffic to Dowlen. Long Road is a narrow local street with mostly residential uses. The shopping center north of the subject property does have one driveway on Long,just south of Calder. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held January 23,2002,the Planning Commission voted 5-1 to approve a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District and a specific use permit for a climate controlled self-storage facility on 4.5 acres located between Dowlen Road and Long Road, subject to the following stipulations: 1) The entrance on Long Road be gated and used for emergency purposes only; 2) The property be developed as shown on the site plan; and 3) The applicant shall construct a sign no larger than 6'x 8'with the option to put it on the roof or on a pole. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit for a climate controlled self-storage facility on 4.5 acres located between Dowlen Road and Long Road, subject to the following stipulations: 1) The entrance on Long Road be gated and used for emergency purposes only; 2) The property be developed as shown on the site plan; and 3) The applicant shall construct a sign no larger than 6'x 8'with the option to put it on the roof or on a pole. Fittz & Shipman . INC Consulting Engineers and Land Survevors Ronald D Fit¢,P.E.R.P.LS (1948.1987) Terry Shipman P E.President John Holm.P E.L.S..VKe-President December 28, 2001 Mr. Steve Richardson, Dir. Planning We Value %J City of Beaumont LAMAR UNIVERSITY P. O. Box 3287 Beaumont, Texas 77704 Re: Access Self Storage, Climate Controlled Building FS Proj. No. 01143 Dowlen Road @ Railroad Overpass Dear Mr. Richardson: Submitted for your review is an application for Zoning Change and Specific Use Permit for a site located on the west side of Dowlen Road immediately north of the railroad overpass. It is proposed that the site be developed for a climate controlled storage facility. Zoning is proposed to be changed from present RM-H zoning to GC-MD. 1. The proposed climate controlled storage facility will be a high quality pre-engineered building which will be compatible with other commercial developments along Dowlen Road both north and south of the proposed facility. The sign for the facility will be 6 ft x 8 ft and will be roof mounted. 2. The establishment of this specific will not impede the normal and orderly development and improvement of the surrounding properties 3. Adequate utilities, access roads, drainage and other necessary supporting facilities (telephone, gas, electric) are available to the site. 4. The proposed climate controlled storage facility creates a low volume of vehicular traffic. Daily logs kept at other facilities by the Owner indicate that there are typically 8-10 persons per day visiting the facility. In addition, the design and location of the proposed driveways and parking spaces will provide for safe and convenient movement of vehicular and pedestrian traffic with adversely affecting the general public or adjacent development. 5. Adequate nuisance prevention measures will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. 6. Directional lighting proposed will be installed so as not to disturb or adversely affect neighboring properties. 7. Landscaping and screening will be provided in accordance with City of Beaumont ordinances. 8. This proposed use presents no conflicts with or deviations from the City of Beaumont Comprehensive Plan. Should you have any questions, please feel free to contact me. Sincerely, FITTZ& SHIPMAN, INC. by: on lad R. Ki g; P. . Fort e Firm DRK/drk 1143LT01 1405 Cornerstone Court• Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Fittz & Shipman INC Consulting Engineers and Land Survevors Ronald D Fdz.P.E..R P LS (19481987) Tarty Shtgnan,P E.Pmooent John Holm.P.E.LS..Vm-Pendent January 17, 2002 Mr. Steve Richardson, Dir. Planning We Value �J City of Beaumont L MAR uNNERSM P. O. Box 3287 Beaumont, Texas 77704 Re: Access Self Storage,Climate Controlled Building FS Proj. No. 01143 Dowlen Road @ Railroad Overpass Dear Mr. Richardson: Submitted for your review is a revised site plan for the proposed Access Self Storage facility located on the west side of Dowlen Road immediately north of the railroad overpass. Information has been added indicating proposed drainage and landscaping.. All drainage on the site will be directed to drainage inlets within the parking lot which will convey storm water via underground storm sewer eastward to conned to the existing 36'storm sewer located along the west side of the Dowlen Road overpass. This 36" storm sewer conveys storm water southward to the existing drainage channel located south of the Union Pacific Railroad tracks. The site presently contains numerous trees which will be preserved within the islands and non-paved areas to meet the requirement of the City of Beaumont Landscape Ordinance. As indicated previously, the amount of daily traffic to the site is expected to be 8-10 vehicles per day. In addition, the driveway entrance on Dowlen Road is expected to carry the bulk of the traffic. The median of Dowlen Road is directly in front of the driveway, therefore vehicles must enter the facility heading southbound on Dowlen or turn right on Dowlen Road to exit the facility. There should be no vehicles making conflicting left turns on Dowlen Road. Should you have any questions, please feel free to contact me. Sincerely, FITTZ&SHIPMAN,INC. by: Donald R. g, E j For the Firm D R K/drk 1143LT04 'JAN 7 2C 1405 Cornerstone Court. Beaumont, Texas 77706 . (409) 832-7238.fax (409) 832-7303 * Approval of specific use permit for a climate controlled self-storage facility on 4.5 acres located between Dowlen Road and Long Road,subject to the following stipulations: 1) The entrance on Long Road be gated and used for emergency purposes only; 2) The property be developed as shown on the site plan;and 3) The applicant shall construct a sign no larger than 6'x 8'with the option to put it on the roof or on a pole. Byron Street _ MA —— ------------- ---------------------- ----- F. f -% -I I I ' 0 x 0 I 1 H o IL '1 I o I _ i Dowlen Street r x ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED BETWEEN DOWLEN ROAD AND LONG ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located between Dowlen Road and Long Road, being Tracts 104B, 214, 214A and 2148, C.Williams Survey,Abstract A-59, City of Beaumont, Jefferson County, Texas, containing 4.5 acres, more or less, as described on Exhibit"A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. SAAGENDXCITY CLERK\01-29-02.wpd 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. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 29th day of January, 2002. - Mayor - S:\NGENDXCITY CLERK\01-29-02.wpd FILE 1598-Z(P: Request for a zone change from RM-H (Residential Multiple Family NORTH Dwelling- High Density) to GC-MD (General Commercial-Multiple Family - Dwelling) district with it specific use permit to allow a climate controlled mini-storage A facility. SCALE Location: Dowlen Rd. @ the Railroad overpass 1"=200' o Applicant: Fittz & Shipman,Inc. for Scott Monroe r i I4lN 4 � • N Soo Z tD J U S �. ' r � N 1 W lit. O V ,p3I 0 „ tu % SP � o C 0 W I t A0 v 3 sae 91 C o RS R T fy NO Soufhe�n Po �' Ivp0.f WESTWOOD BLVD. 70 • Z oc. J y ; WEB woo c ci/cc s • • W W IDD 7l N • EXHIBIT A ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CLIMATE-CONTROLLED MINI- STORAGE FACILITY IN A GC-MD(GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT LOCATED BETWEEN DOWLEN ROADAND LONG ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Fittz &Shipman, Inc.for Scott Monroe to allow a climate-controlled mini-storage facility in a GC-MD (General Commercial - Multiple Family Dwelling) District located between Dowlen Road and Long Road, being Tracts 104B, 214,214A and 2148, C. Williams Survey,AbstractA-59,City of Beaumont,Jefferson County,Texas,containing 4.5 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS,the City Council is of the opinion that the issuance 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 OF BEAUMONT: Section 1. That issuance of a specific use permit to allow a climate-controlled mini-storage facility in a GC-MD (General Commercial - Multiple Family Dwelling) District located at Dowlen Road at the Railroad overpass, being Tracts 104B, 214,214A and 2148, C. Williams Survey,Abstract A-59,City of Beaumont,Jefferson County,Texas,containing 4.5 acres, more or less, is hereby granted to Fittz&Shipman, Inc.for Scott Monroe, their legal representatives, successors and assigns for those certain tracts as described in Exhibit SAAGENDAUTY CLERK401-2"2.wpd "A" attached hereto and made a part hereof for all purposes subject to the following conditions: ® The entrance on Long Road be gated and used for emergency purposes only; ® The property be developed as shown on the site plan; and ® The applicant shall construct a sign no larger than 6'x 8'with the option to put it on the roof or on a pole. 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 hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of January, 2002. - Mayor - S:\AGENDA\CrrY CLERK\01-29-02.wpd FILE 2598-Z/P: Request for a zone change from RM-H (Residential Multiple Family NORTH Dwelling -High Density) to GC-MD (General Commercial-Multiple Family A Dwelling) district with a specific use permit to allow a climate controlled mini-storage facility. SCALE Location: Dowlen Rd. @ the Railroad overpass 1"=2001 Applicant: Fittz& Shipman,Inc. for Scott Monroe lose 4 21 is r a' M H I 1016 two - . 1o3 b AA�OA � � 1 •� I4N TAW, i , AR►[ ~ • ; • : ►oo .,,� �3•S Jm LU AWL 10SK J ti 1 Q ' t • � ; r o C i.S 1 •, Ar J I kill V 3 ve 9/ e ` JQ RS R b] r - r 6 N 0 Soatbeen Po 4a r 00 /oo NEST GO¢ IL IV WESTWOOD BLVD. 111 . . _ �00' 1 � a A� ! t f • f I i Nam s � M+ O i ! . ., o EXHIBIT "A" *Approval of specific use permit for a climate controlled self-storage facility on 4.5 acres located between Dowlen Road and Long Road,subject to the following stipulations: 1) The entrance on Long Road be gated and used for emergency purposes only; 2) The property be developed as shown on the site plan;and 3) The applicant shall construct a sign no larger than 6'x 8'with the option to put it on the roof or on a pole. Byron Street _ MA —— ------------------ -------------- ------ F F � I � N i It � � o 1 V -0 1 � ]� I H o 1 Q I44.1 I _ Dowlen Street � M i x W 00 2 Council consider a request for a specific use permit to allow a retail women's clothing store in Building`B", Lot 1, Tuscany Park located at 3350 Dowlen Road City of Beaumont EL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: January 29, 2002 AGENDA MEMO DATE: January 24, 2002 REQUESTED ACTION: Council consider a request for a specific use permit to allow a retail women's clothing store in Building`B", Lot 1, Tuscany Park located at 3350 Dowlen Road. RECOMMENDATION The Administration recommends approval of the specific use permit to allow a retail women's clothing store in Building`B", Lot 1, Tuscany Park located at 3350 Dowlen Road. BACKGROUND Brent Coon is the owner and developer of Tuscany Park, a professional office and commercial complex. The 12 acre site was rezoned to PUD in March, 2001. Previously it held the RM-H zone with a specific use permit for offices. With PUD zoning, each non-residential use must receive a specific use permit. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held January 23,2002,the Planning Commission voted 6-0 to approve a specific use permit to allow a retail women's clothing store in Building`B", Lot 1, Tuscany Park located at 3350 Dowlen Road. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW TO ALLOWA RETAIL WOMEN'S CLOTHING STORE IN A PUD (PLANNED UNIT DEVELOPMENT) DISTRICT LOCATED AT 3350 DOWLEN, BUILDING "B", IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Brentwood Inv. Development, Co., L.P. to allow a retail women's clothing store in a PUD (Planned Unit Development) District located at 3350 Dowlen, Building "B", being Lot 1, Phase One, Tuscany Park, City of Beaumont, Jefferson County, Texas, containing 0.903 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance 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 OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow an office for a retail women's clothing store in a PUD (Planned Unit Development) District located at 3350 Dowlen, Building "B", being Lot 1, Phase One, Tuscany Park, City of Beaumont, Jefferson County, Texas, containing 0.903 acres, more or less, is hereby granted to Brentwood Inv. Development, Co., L.P., its legal representatives,successors and assigns for those certain tracts as described in Exhibit"A" attached hereto and made a part hereof for all purposes. SAAGENDXCITY CLERK\01-29-02.wpd 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 hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of January, 2002. - Mayor - SAAGENDAUTY CLERK\01-29-02.wpd F-Fstorein -P: Request for a specific use permit to allow a retail women's c►ocning - PUD (Planned Unit D evelopment).3350 Dowlen Rd. SCALE Applicant: Brentwood Inv.Development, Co.,L.P. N.T.S. G(;-]M -- / nt/� FOLSOM DR. 5�cc 3Aa .•mow M..,,�wa♦ . Jw•w • ' . GC-MD • ^- t 1.A _ It - ti f - -90 _ rR_ 400- 3 D-26 - R*M -.H SPUD. . Y.M.CA. - o -T-V Cr-]r ,i EXHIBIT "A" &\ \A�, �-�_-._�--,"——,� oiuucti m+wc►wail / •••4 Vr�Y�'=°1-�n..,,: �+. J.._.J.._r Iii ..r aa,n-,rn�„ ACRLWE ,� . , i I 1 \8!Yor, clrwae scar IN FUT ♦. ,�—� y LIV ur a aaw.a,n .,JC r• /✓� aaarvir na. .'rr.' '.-, �� uscun' ,ar a..._. .. ..au,pan / / /- T`. SME, 1•r f0• p,X 1 c lar. . . to ACM v J raw ariern iw noio /.// a �+;•± ,+s a xta�q•J��` .-- aana* w.ar eo p,nu,0... ii s ao�io j/ r'. \ ( I I ``�( ; -wiwrmMR •sae. ' ll" .... ........... `1 C4LS'.uera4rnsr---=> /1\ //jam �/� \...� �"`-� /`l` � i k �.♦ CNVRCH n.0 adr5 Y rr.a r ra j A\ ji/// � �/ '�%�♦ / / '—•-�. �� l l 1 I ~ �\ LOCATION MAP i / / ! \j� ♦ / MI -_ NHS LOT for 4 l o / / /}� i C, ♦ Jam. ,.♦ ♦ / .L '; I • +��•rwrrr.r r•r�r '� , 4•�>, a . _ ; CCNURCAOP�ST� CU�: / ,<o -. . rte AMMIS cOr r r te 'LOST b r \ .ems c " %; X I suncr uNCS ;•,; .._ .�'4:�xT..r� :'�jr' -S :011' V O •.- -wr rte.:r....r Lff LL'14].1 w~•r.rrr rr r rr�r�.rw r.rr rrrr.. r►rrrrrrrrrrr_r �\ — ---- I---------- . r IM .t• — •:.•1:.f_.—..—.1—_—............... 5. .— .——'f—...— ._. !�± —._------- •rwu•w 11 1... 1 wT. ._! '—rri.—.---.— ..rr.w — i.—.—.—.—.—.—. 1 w. ow�olpa►o0nrrwle x � �•r.ws.r r.••r•w rr rrrr .r• a *=TEND YAI.Cd �.. sa`r' s`�� •sr C a�.wao PREL[XIN Y PLAT �. M µ�r�....a TUSCAW Pmm rr..r.w r.r�,..,w,.......r w,� •r.rr.rrrrrr.r rrrrrr i ,...._._...._ ,r�.. x �:,r:. _ -Slm loo own—> PHASE ONE$TWO ` A PLANNED UMT DEVELOPMENT •`r•"'—`—"r"'r•"'r ` = LOTS 1-6 rw•^r- — Pllorosm copal uses r.�.�st�.—._n.vl.L:.S• S "M!L WUJM 19 MVff.AHSnucr No. 6o rV r• WRpp HRAULONT J1ftLR40N COUNfY 1EXA1 ...r.r.•r.�.r.............�..a'.' srw...rrr..r,.rr..wrrr ..'..�r'..."..r'•"'."„?."".,...w...;..w.•�r um AUGUST 2001 .Haas a,a,r yf�1 a...r.a,N....a..n,. H111Mf00D 01Y2S71m1f7 r..r.•r•.r r r r•r Ewa b9p qI `r r�rw OCY21�0f C0.1►. r•••••••••r•e... aawrr.rm rrr. 3 Council consider a request for a specific use permit to allow a wrecker service and vehicle storage yard in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3004-3006 Blanchette Street City of Beaumont CCouncil Agenda Item M - • 0L TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: January 29, 2002 AGENDA MEMO DATE: January 24, 2002 REQUESTED ACTION: Council consider a request for a specific use permit to allow a wrecker service and vehicle storage yard in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3004-3006 Blanchette Street. RECOMMENDATION The Administration recommends approval of the specific use permit to allow a wrecker service and vehicle storage yard in a GC-MD(General Commercial-Multiple Family Dwelling)District at 3004- 3006 Blanchette Street. BACKGROUND Earlier this year,Neff Services,Inc.was cited by the City of Beaumont Planning Division for operating a wrecker service at 3004-3006 Blanchette without a specific use permit. A towing service is permitted by right in a GC-MD District as long as no more than ten(10)vehicles are stored on the premises. The storing of more than ten (10) vehicles requires a specific use permit. Neff Services is using the property as an office and for the storage of wrecked vehicles, personal property tow-aways and repossessed vehicles. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held January 23,2002,the Planning Commission voted 6-0 to approve a specific use permit to allow a wrecker service and vehicle storage yard in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3004-3006 Blanchette Street. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a wrecker service and vehicle storage yard in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3004-3006 Blanchette Street. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW TO ALLOW A WRECKER SERVICE AND VEHICLE STORAGE YARD IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 3004 - 3006 BLANCHETTE STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Neff Services, Inc. to allow a wrecker service and vehicle storage yard in a GC- MD (General Commercial-Multiple Family Dwelling) District located at 3004 - 3006 Blanchette Street, being E. '/2 of E. '/2 of Block 10, D. Brown Survey, Cartwright& Roberts Subdivision "A", City of Beaumont, Jefferson County, Texas, containing 0.895 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance 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 OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a wrecker service and vehicle storage yard in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 3004-3006 Blanchette Street, being E. 1/2 of E. 1/2 of Block 10, D. Brown Survey, Cartwright&Roberts Subdivision "A", City of Beaumont, Jefferson County, Texas, containing 0.895 acres, is hereby granted S:WGENDXCITY CLERK\01-2M2.wpd to Neff Services, its legal representatives, successors and assigns for those certain tracts as described in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of January, 2002. - Mayor- SAAGENDAICITY CLERK101-29-02.wpd FILE 1596-P: Request for a spectUc use permie w Auer- " I..--skive. a.• —. ---- - vehicle storage yard in the GC-MD (General Commercial- Multiple Family Dwelling) - district. Location: 3004-3006 Blanchette SCALE Applicant: NeServices,Inc. t"=200' Neff k / rimer ,. AM MILAM ST. 24 bb i► • / 3 C o X 0 0 2 F- N s O Wa- OF r • x-15 ILAN�:1111TTE I Jr BLANCHETTE ST. AW C=MD . , . - � S JECT rJT ''•i t 3�G BOLIVAR ST. .m �v ra - � n �. •er to so- its N N N I r ' m AW I M i nv AV CORLEY AVE. dw AM AW 1 ' _, .w I I EXHIBIT "A" All 1181HX3 sswt►c-lois3utuuMw*+ "c-w"m aw IM �.�.. 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X-l" of Sf 3 /o 5f Al i 5 l 3 i i x �- r0d • 900�t f jr PY � 7 md 00'99 L 3.00,00.06N .A tTi l 7. ilYir!G)d 71I"� F .ire I ` u� O 4 Council consider a request for a specific use permit to allow an office for a massage therapist at 8117 Gladys Avenue in existing facilities in an RM-H (Residential Multiple Dwelling-Highest Density) District City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: January 29, 2002 AGENDA MEMO DATE: January 24, 2002 REQUESTED ACTION: Council consider a request for a specific use permit to allow an office for a massage therapist at 8117 Gladys Avenue in existing facilities in an RM-H (Residential Multiple Family Dwelling-Highest Density)District. RECOMMENDATION The Administration recommends approval of the specific use permit to allow an office for a massage therapist at 8117 Gladys Avenue in existing facilities in an RM-H (Residential Multiple Family Dwelling-Highest Density) District. BACKGROUND Lief A. Wallace is a registered massage therapist. He proposes to lease Suite 103,Building B in an existing office suite at 8117 Gladys Avenue. The site, which is Lot D, Block 36, Dowlen West Addition,Unit IX,received a specific use permit for offices in the early 1980's. The parking layout, drives and screening already meet required conditions. The buildings are owned by a group of investors. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held January 23,2002,the Planning Commission voted 5-0-1 to approve a specific use permit to allow an office for a massage therapist at 8117 Gladys Avenue in existing facilities in an RM-H(Residential Multiple Family Dwelling-Highest Density) District. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow an office for a massage therapist at 8117 Gladys Avenue in existing facilities in an RM-H (Residential Multiple Family Dwelling-Highest Density) District. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW TO ALLOW AN OFFICE FOR A MASSAGE THERAPIST IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 8117 GLADYS AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Lief A.Wallace to allow an office for a massage therapist in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 8117 Gladys Avenue in existing facilities, being part of Lot D, Block 36, Dowlen West, Unit XIX, being Suite 103, Building B, Gladys Office Park Condominiums, Beaumont, Jefferson County, Texas, containing 0.849 acres, more or less. as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance 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 OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow an office for a massage therapist in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 8117 Gladys Avenue in existing facilities, being part of Lot D, Block 36, Dowlen West, Unit XIX, being Suite 103, Building B, Gladys Office Park Condominiums, Beaumont, Jefferson County, Texas, containing 0.849 acres, more or less is hereby granted to Lief A. Wallace, his legal SAAGENDAUTY CLERK101-29-02.wpd representatives, successors and assigns for those certain tracts as described in Exhibit"A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of January, 2002. - Mayor- S:WGENDA\CITY CLERK\01-29-02.wpd f r mir, 1zzy*hC: 2lequest YOC 1 taS"i, r--- w -&&i r. ..a. ---%, Au• ♦ .u..��..�. c therapist and optician in an RM-H (Residential Multiple Family Dwelling-High A Density) district. Location: 8117 Gladys Avenue, Building B,Suite 103 SCALE Applicant: Lief A. 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A-7 • L; -a HI •d • .-r A•f A•s � -atl.r/!!O .v !.- 4Atvey,.rstc.✓r caw.ry. ».cs 4y— ✓ , C O ,v c e E T E O a / V E :V /.va.</,✓..r,A .Grr�crti. A4 .{/ T rN 1' 02' 4•Sr / .. 1 OLADYS OFFICE PARK j CONDOMINIUMS Ntlnl l L7 L A 1Y 5 ✓ E N LJ E r A uvn.u.u.. I vto•.e:.r /✓ /✓r c/r✓ of Il a.✓,w o</r. It/Aa!SON •e✓w I r•• re.4c. X %tr 40, P, As a 94•cAr,✓ce</�✓efr 1/.r.r rr,,e Af. AL EiutRO /N Vi.c,/f, Atcs 11 =K re •4 An ticat n< ut 1 1 SSraalA✓ eAk Alr y,re1As AIAat� a. h r//ele y, re A )� 5 Council consider a request for an amendment to Section 30-21.2(e)(8)and additions to Section 30- 21.2(a) and 30-21.2(e) of the Beaumont Zoning Ordinance 1~ City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: January 29, 2002 AGENDA MEMO DATE: January 24, 2002 REQUESTED ACTION: Council consider a request for an amendment to Section 30-21.2 (e) (8) and additions to Section 30-21.2 (a) and 30-21.2 (e) of the Beaumont Zoning Ordinance. RECOMMENDATION The Administration recommends approval of the request for an amendment to Section 30-21.2 (e) (8) and additions to Section 30-21.2 (a) and 30-21.2 (e) of the Beaumont Zoning Ordinance. BACKGROUND The Historic Landmark Commission considered File 614-OB on November 14, 2001 and recommended approval. It has become apparent that banners and other attention getting devices and outdoor merchandising have become somewhat of a problem in the historic districts. In an effort to correct these problems, staff is recommending that all three be prohibited by ordinance. Banners and attention getting devices are not currently defined by ordinance. Sec.30-21.2(a) (a) Definitions. Unless the context clearly indicates otherwise, in this Ordinance. (1) ATTENTION GETTING DEVICE means any device, except for permitted signs and flags,that is used for the purpose of attracting the attention of the public to a commercial establishment. An attention getting device shall include, but not be limited to, streamers, flags (other than U.S. or State),balloons, pennants or decorations. (2) BANNER means a sign made of fabric or any nonrigid material with no enclosing framework. Sec. 30-21.2 (e) (8) (c) C. Prohibited Signs. The following types of signs are prohibited in an historic district: (i) moving signs; and (ii) fence signs; (iii) banners for commercial,to exclude U.S.and State flags; and (iv) other attention getting devices used by commercial establishments. Sec. 30-21.2 (e) (e) Development Standards for Historic Districts. The following development standards apply to historic districts: (11) Outdoor Merchandising. No business shall display any merchandise outdoors within a historic district. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held January 23, 2002, the Planning Commission voted 5-1 to approve the request for an amendment to Section 30-21.2(e) (8) and additions to Section 30-21.2 (a) and 30-21.2 (e) of the Beaumont Zoning Ordinance with a modification to Section 30-21.2 (e) (8) (c) C. Prohibited Signs. The following types of signs are prohibited in an historic district: (iii) banners for commercial use,to exclude one(1)U.S.and one(1) State flag, neither to exceed 4' x 6' in size. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for an amendment to Section 30-21.2 (e)(8)and additions to Section 30-21.2 (a) and 30-21.2 (e) of the Beaumont Zoning Ordinance with a modification to Section 30-21.2 (e) (8) (c) C. Prohibited Signs. The following types of signs are prohibited in an historic district: (iii) banners for commercial use,to exclude one(1)U.S.and one(1) State flag, neither to exceed 4' x 6' in size. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTIONS 30-21.2(a), 30-21.2(e)AND 30-21.2(e) (8) (c), OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT REGULATING CERTAIN ACTIVITIES IN THE HISTORICAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 30, Section 30-21.2(a), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 30-21.2. Historic-Cultural Landmark Preservation Overlay District. (a) Definitions. Unless the context clearly indicates otherwise, in this section: (1) ATTENTION GETTING DEVICE means any device,except for permitted signs and flags, that is used for the purpose of attracting the attention of the public to a commercial establishment. An attention getting device shall include, but not be limited to, streamers, flags (other than U.S. or State), balloons, pennants or decorations. (2) BANNER means a sign made of fabric or any nonrigid material with no enclosing framework. (3) Blockface means all of the lots on one side of a block. (4) Certificate of appropriateness means a certificate issued by the city to authorize the alteration of the physical character of real property in a district, or any portion of the exterior of a structure on the property, or the placement, construction, alteration, nonroutine maintenance, expansion, or removal of any structure on or from the property. SAAGENDAUTY CLERK\01-29-02.wpd (5) Column means the entire column including the base and capital, if any. (6) Contributing structure means a structure which physically or historically contributes to the historic value of an historic district. (7) Corner side facade means the main building facade facing the side street. (8) Director means the director of the planning division or his/her representative. (9) Educational land uses (see Institutional land uses). (10) Exterior architectural feature means, but shall not be limited to,the kind, color and basic texture of all exterior building materials and such features as windows, doors, lights, signs and other exterior fixtures. (11) Fluorescent color means colors defined (Munsell Book of Color) as having a minimum chroma value of eight (8) and a maximum of ten (10). (12) Front facade means the main building facade facing the street upon which the main building is addressed. (13) Furniture,street means manmade,above ground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters and phone booths. (14) Institutional land uses means those properties owned or otherwise administered by organizations of higher education, vocational training centers and museums. Churches, synagogues, social, civic, fraternal and professional organizations, specialty schools, residential care facilities, day care centers, nursing homes, clinics and S:WGENDA\CITY CLERK\01-29-02.wpd hospitals and all other uses not specifically excluded are bound by the terms of this section. (15) Masonry paver means a solid brick or block of masonry material used as a paving material. (16) Metallic color means a paint color which has pigments that incorporate fine flakes of bronze, aluminum, or copper metal. (17) Move-in building means a building that has been moved onto an existing lot. (18) Preservation criteria means the standards considered by the director and the historic landmark commission to determine whether a certificate of appropriateness should be granted or denied. (19) Rehabilitation means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values. (20) Sign, fence means signs attached or affixed to any type of fence. (21) Sign, mobile means business signs used to advertise an establishment or service which are on or, otherwise affixed to, trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked. (22) Sign, moving means signs which in whole, or part, do not remain stationary at all times, regardless of power source which effects movement. S:\AGENDA\CITY CLERK\01-29-02.wpd (23) Trim color means a paint color other than the dominant color. Stain is not a trim color. Trim color does not include the color of screen and storm doors and windows, gutters, downspouts, porch floors and ceilings. Section 2. THAT Chapter 30, Section 30-21.2(e), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add the following: (11) Outdoor Merchandising. No business shall display any merchandise outdoors within a historic district. Section 3. THAT Chapter 30, Section 30-21.2(e) (8), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add the following: (ix) banners for commercial use, to exclude one (1) U.S. and one (1) State flag, neither to exceed 4' x 6' in size. Section 4. 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 5. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. S1AGENDXCITY CLERK\01-29-02.wpd Section 6. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of January, 2002. - Mayor- S:WGENDXCITY CLERK\01-29-02.wpd 6 Council consider an ordinance amending Section 26-62(b) of the Code of Ordinances establishing coin operated parking meters in the Central Business District I City of Beaumont Council A enda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: January 29, 2002 AGENDA MEMO DATE: January 23, 2002 REQUESTED ACTION Council consider an ordinance amending Section 26-62(b)ofthe Code of Ordinances establishing coin operated parking meters in the Central Business District. RECOMMENDATION Administration recommends an ordinance amending Section 26-62(b) of the Code of Ordinances establishing coin operated parking meters in the Central Business District. BACKGROUND The Transportation Division completed a Central Business District(CBD)parking study to evaluate the parking program The study included a review of parking meter operations in twenty(20)Texas cities comparable in size to Beaumont or larger. Based on the study it is recommended that the following parking meter rates be implemented in the Central Business District. 1. Twenty-five cent(quarter)meter,thirty minute parking limit-parking shall be lawful for 30 minutes upon deposit of a twenty-five cent coin. 2. Fifty-cent(2 quarters)progressive meter,one hour time limit-parking shall be lawful for 30 minutes upon deposit of a twenty-five cent coin or for one hour upon deposit of two (2)twenty-five cent coins. 3. One dollar(4 quarters)progressive meter,two hour limit-parking shall be lawful for 30 minutes upon deposit of a twenty-five cent coin; one hour limit upon deposit of two (2) twenty-five cent coins; one hour and thirty minutes upon deposit of(3) twenty-five cent coins; or for two hours upon deposit of four (4) twenty-five cent coins. Due to the age of the existing meters,the current five and ten cent capabilities of the meters can not be adjusted or modified by the manufacturer to conform to the new times and rates. The Transportation Division will include the purchase of new meters in their FY 2003 Budget. An effective date of May 1, 2002, will provide the Transportation Division adequate time to evaluate the locations and time limits of the parking meters and complete the necessary modifications for the return to coin operation. BUDGETARY IMPACT Revenue from the implementation of coin operated parking meters is anticipated to be between $10,000 to $15,000 annually(based on proceeds from previous coin operation five years ago). PREVIOUS ACTION City Council reviewed the Central Business District parking study results and recommendations on January 8, 2002. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager. RECOMMENDED MOTION Approve/deny an ordinance amending Section 26-62(b) of the Code of Ordinances establishing the coin operated and time limits ofparking meters in the Central Business District effective May 1,2002. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-62(b) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ESTABLISH THE COIN OPERATED AND TIME LIMITS OF PARKING METERS IN THE CENTRAL BUSINESS DISTRICT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 26, Section 26-62(b) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 26-62. Installation, coins, time limits, legend. (a) The traffic engineer shall install parking meters in the parking meter zones established as provided in this article upon the curb immediately adjacent to each designated parking space. Such meters shall be capable of being operated, either automatically or mechanically, upon the deposit therein of an appropriate coin of United States currency. The traffic engineer shall time the meters upon the basis of an engineering and traffic investigation to best aid in the regulation,control and inspection of the parking of vehicles. The timing and type of operation shall be one of the following: 1. Twenty-five cent (quarter) meter, thirty minute parking limit - parking shall be lawful for 30 minutes upon deposit of a twenty-five cent coin. 2. Fifty-cent(2 quarters) progressive meter, one hour time limit-parking shall be lawful for 30 minutes upon deposit of a twenty-five cent coin or for one hour upon deposit of two (2) twenty-five cent coins. &:AGENDA\CITY CLERK\01-29-02.wpd 3. One dollar (4 quarters) progressive meter, two hour limit - parking shall be lawful for 30 minutes upon deposit of a twenty-five cent coin; one hour limit upon deposit of two (2) twenty-five cent coins; one hour and thirty minutes upon deposit of(3)twenty-five cent coins; or for two hours upon deposit of four (4) twenty-five cent coins. Section 2. 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 3. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. SAAGENDA\CITY CLERK\01-29-02.wpd Section 5. This ordinance shall apply to parking citations issued on and after March 25, 2002 and does not affect the validity of fines assessed before that date. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of January, 2002. - Mayor- S:WGENDXCITY CLERK\01-29-02.wpd c City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 29, 2002 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confinnation of committee appointments A) Authorize the City Manager to execute a Bridge Load Posting Agreement with the Texas Department of Transportation (TxDOT) for the installation of load posting signs on the W. Circuit Drive Bridge B) Approve a change in investment authority for the City of Beaumont C) Approve a change in the City's Investment Policy CONSENT AGENDA JANUARY 29, 2002 * Committee Appointments A) Authorize the City Manager to execute a Bridge Load Posting Agreement with the Texas Department of Transportation (TxDOT) for the installation of load posting signs on the W. Circuit Drive Bridge TxDOT performs bi-yearly inspections of all bridges within the city limits of Beaumont. Their current inspection has determined that the maximum safe Tandem Axle load for this bridge should not exceed 21,000 pounds. TxDOT will provide the signs at no cost to the City if the City agrees to install and maintain the signs. The Administration recommends authorizing the City Manager to execute a Bridge Load Posting Agreement. A copy of the staff memorandum is attached for your review. B) Approve a change in investment authority for the City of Beaumont The Administration recommends approval of Stephen J. Bonczek, City Manager and Kandy Daniel, Treasurer as the designated investment officials for the City of Beaumont. Beverly Hodges shall be deleted. State law mandates the City Council to designate one or more officers or employees as investment officials to be responsible for the investment of funds consistent with the City's adopted investment policy. A copy of the staff memorandum is attached for your review. C) Approve a change in the City's Investment Policy State law mandates the City Council to review and approve any modifications to the policy on an annual basis. The Texas State Legislature approved two bills during its most recent legislative session amending Chapter 2256, Government Code (Public Funds Investment Act)which became effective September 1, 2001. The only law change which applied to the City's policy related to a change in the type of allowable collateral. Collateral ization is required on all deposits, certificates of deposit and repurchase agreements. The bill adds letters of credit issued by the United States or its agencies and instrumentalities to the list of investments eligible to secure public funds deposits. No change to the City's policy is requested regarding authorized investments or maximum maturities. A copy of the staff memorandum is attached for your review. A City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: January 29, 2002 AGENDA MEMO DATE: January 23, 2002 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Bridge Load Posting Agreement with the Texas Department of Transportation (TxDOT) for the installation of load posting signs on the W. Circuit Drive Bridge. RECOMMENDATION The Texas Department of Transportation will provide the signs at no cost to the City if the City agrees to install and maintain the signs. Administration recommends authorizing the City Manager to execute a Bridge Load Posting Agreement with the Texas Department of Transportation for the W. Circuit Drive Bridge. A copy of the agreement is attached. BACKGROUND The Texas Department of Transportation performs bi-yearly inspections of all bridges within the city. Their current inspection has determined that the maximum safe Tandem Axle load for this bridge should not exceed 21,000 pounds. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute a Bridge Load Posting Agreement with the Texas Department of Transportation (TxDOT) for the installation of load posting signs on the W. Circuit Drive Bridge. circuit/jld 20— Beaumont Dist. City Number BRIDGE LOAD POSTING AGREEMENT STATE OF TEXAS )( KNOW ALL MEN BY THESE PRESENTS COUNTY OF TRAVIS )( THIS AGREEMENT, made entered into and executed this_8th day of _January , 2001, by and between the State of Texas acting by and through the Engineer—Director, with approval of the Texas Department of Transportation District, hereinafter called the "State," and_City of Beaumont hereinafter called the "Local Jurisdiction" WITNESSETH WHEREAS, the State desires to enter into an agreement with the Local Jurisdiction concerning the installation of load posting signs on bridges within the Local Jurisdiction; AGREEMENT NOW, THEREFORE, the State and the Local Jurisdiction, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The Local Jurisdiction agrees to order load posting signs from the State, the State agrees to administer Federal funds to provide the load posting signs at no cost to the Local Jurisdiction, and the Local Jurisdiction agrees to take delivery, install, and maintain the signs as stated in the sections to follow. 1. Signs. The Local Jurisdiction hereby orders the following quantities of signs: Sign R12-2Tb ea. Sign R12-2Tc ea. Sign R 12-4Tb ea. Sign W12-5 �_ea. Weight limits for each proposed sign shall be as listed in Attachment A, "Sign Requirements," attached hereto and made part of this agreement. r � 2. Sign Supports and Hardware. In addition, the Local Jurisdiction hereby orders the Following quantities of sign supports with appropriate hardware, and the State hereby agrees to administer Federal funds to provide the sign supports and hardware at no cost to the Local Jurisdiction. Posts 2 each 3. Authorization. The Local Jurisdiction shall properly authorize all proposed signs by ordinance,resolution, or other appropriate action and shall provide a copy of such which shall be attached hereto and designated Attachment B. 4. Delivery. The Local Jurisdiction shall take delivery of all proposed signs, sign supports, and hardware as agreed upon with the appropriate Texas Department of Transportation District Office. 5. Installation and Documentation. The Local Jurisdiction shall install all proposed signs in accordance with requirements of Attachment C, "Load Posting Signs," and Attachment D, "Vertical and Lateral Clearances". The Local Jurisdiction shall document the installation by marking the date sticker affixed to the back of each sign. 6. Notification and Inspection. The Local Jurisdiction shall notify the appropriate Texas Department of Transportation District Office in writing within 15 days after all Proposed signs have been properly installed. The Local Jurisdiction shall allow the Federal Highway Administration to perform on-site inspection of the installed signs and shall adjust any signs that are found to be improperly installed. 7. Maintenance. The Local Jurisdiction shall keep the installed signs clean, legible, and open to the view of approaching motorists for at least 150 feet. The Local Jurisdiction shall reinstall signs that have been knocked down by vandalism, traffic accidents, or other causes. S. State Responsibility. The appropriate Texas Department of Transportation District Office agrees to provide the Local Jurisdiction with reasonable consultation assistance in accomplishing the objectives of this agreement. 9. State Indemnified. The Local Jurisdiction shall save harmless the State from all claims and liabilities due to activities of the Local Jurisdiction, its agents, officials, or employees performed under this agreement and which result from an error, omission, or negligent act of the Local Jurisdiction, its agents, officials, or employees. The Local Jurisdiction shall also save harmless the State from any and all expensed, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claims or liabilities. t: i 10. Disputes. Should disputes arise under this contract, the State's decision shall be final and binding. 11. Civil Rights Compliance. With regard to work performed under this contract, the Local Jurisdiction, in compliance with regulations of the Department of Transportation (49CFR21 and 23CFR710.405), Executive Orders 11246 and 11375 regarding Equal Employment Opportunity, and regulations of the Department of Labor(41 CFR60), shall not discriminate on the grounds of race, color, sex, or national origin. 12. Inspection of Books and Records. The Federal Highway Administration, the Department of Transportation, the Office of Inspector General, and the Comptroller General of the United States, or any duty authorized representatives thereof, shall have access to any books, documents, papers, and records which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. IN WITNESS WHEREOF, the State and Local Jurisdiction have executed duplicate counterparts of this Agreement. THE LOCAL JURISDICTION THE STATE OF TEXAS BY: �� - Certified as being executed for the Authorized Offici purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore S approved and authorized by the Texas Name Department of Transportation District: By: itle District Engineer District Date 1114kz Date ti� SUMMARY OF BRIDGE LOAD POSTING Jefferson County(124) City of Beaumont Page 1 of 1 November 1,2001 Current Posting Needed Weight Limit Signs Needed Structure Sign Gross Axle Recommended Action Sign Gross Axle Type E Number Type (Lbs) (Lbs) Qty Type (Lbs) (Lbs) Signs 8002-53-001 - Post at 21,000 Ibs Tandem Axle 2 B 21000 2 ✓ Totals= 2 2 Weight Limit Sign 2 B 21000 Quantity Summary A B C D E WEIGHT WEIGHT LIMITS LIMITS WEIGHT WEIGHT GROSS GROSS LIMIT LIMIT LBS LBS LOAD AXLE OR TANDEM AXLE OR TANDEM ZONED TANDEM AXLE TANDEM AXLE BRIDGE LBS LBS LBS LBS R12-2Tb R12-2Tc R12-4Tb R12-4Tc W12-5 Clk,w Tex.Depe —.toI`T,anspwx io. Engiie.r-.I..Star Eoginsriag Project OFF--Spun Bridge InspWion Jefferson County,Texas OFF-System Bridges ATTACHMENT A(SIGN REQUIREMENTS) ItN11N:E CURRENT I1)STW(i RECOMMENDED POSTING SUPPLIES NEE]I)ED I.oae tiler NO. NUMItER GROSS AXLE I Tandan SION GROSS AXLE Tt den SIGN DECALS SIGNS Paw. Hmd— CLOSURE Axk Axle Gru. Axk R12-21L R12-2Tc W12-5 R12-4Th R124Tc Barricades 1 124❑M2 53 1 CITY OF BEAUMONT NONE 2 LODO R12=4TC 2 2 4 4 2 J 4 S 1 F f IF it 12 15 14 - If 14-. 17 1s -.. It 21 33 y 2# 27 28 n .it 07 " 11 N „ _ - >t 41 17 17 A 45 44 '- 47- M N 1l - x P sr S5 >f _ 57 N lFFFF.RSONLOADPOST.xls Pug.1 n1`2 Client:Texas Departmeoi of Transporuion Engineer: I.-Star Engineering Pr ject.OFF System Bridge Inspwian Jefferson County,Texas OFF-System Bridges ATTACHMENT A(SICN REQUIREMENTS) Lone Sur HRIIH:h: (1IRRENf PCSTINU RECOMMENT)ED PONTINC SUPPLIES NEEDED a n u w w SUPPLY TOTALS 1 EFFERSONLOADPOST.x Is Page 2 of 2 B City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: January 29, 2002 AGENDA MEMO DATE: January 23, 2002 REQUESTED ACTION: Council consider a resolution requesting a change in investment authority for the City of Beaumont. RECOMMENDATION The administration requests approval of Stephen J. Bonczek, City Manager and Kandy Daniel, Treasurer as the designated investment officials for the City of Beaumont. Beverly Hodges shall be deleted. BACKGROUND State law mandates the City Council designate one or more officers or employees as 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. BUDGETARY IMPACT None. PREVIOUS ACTION Stephen J. Bonczek, Beverly Hodges and Kandy Daniel were designated as investment officials for the City of Beaumont on November 9, 1999. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Treasurer. RECOMMENDED MOTION Approve/Deny resolution amending the City's Investment Policy. c City of Beaumont •� Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: January 29, 2002 AGENDA MEMO DATE: January 23, 2002 REQUESTED ACTION: Council consider a resolution requesting a change in the City's Investment Policy. RECOMMENDATION The administration requests approval of the City of Beaumont Investment Policy as amended. BACKGROUND State law mandates the City Council review and approve any modifications to the policy on an annual basis. The Texas State Legislature approved two bills during its most recent legislative session amending Chapter 2256, Government Code (Public Funds Investment Act) which became effective September 1, 2001. The only law change which applied to the City's policy related to a change in the type of allowable collateral. Collateralization is required on all deposits, certificates of deposit and repurchase agreements. The bill adds letters of credit issued by the United States or its agencies and instrumentalities to the list of investments eligible to secure public funds deposits. No change to the City's policy is requested regarding authorized investments or maximum maturities. BUDGETARYIMPACT None. PREVIOUS ACTION The City's current policy was adopted on September 26, 1995 with amendments on October 29, 1996, October 28, 1997 and November 3, 1998, November 9, 1999 and November 21, 2000. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Treasurer. RECOMMENDED MOTION Approve/Deny resolution designating Stephen J. Bonczek, City Manager and Kandy Daniel, Treasurer as investment officials for the City of Beaumont. City of Beaumont Investment Policy I. Introduction It is the policy of the City of Beaumont to invest public funds in a manner which will ensure that the investments are duly authorized, properly managed, adequately protected and fully collateralized. The City shall seek the highest investment return with the maximum security while meeting daily cash needs and conforming to the City Charter, the Public Funds Investment Act (Chapter 2256, Government Code as amended) and all other state and local statutes governing the investment of public funds. II. Scope This investment policy applies to all financial assets of the City as accounted for in the City's Comprehensive Annual Financial Report. These include General, Special Revenue, Debt Service, Capital Projects, Enterprise, Internal Service and Fiduciary Funds. All are pooled for investment purposes except debt service and debt service reserve funds. Interest is allocated monthly to each fund based on its individual cash balance. III. Prudence Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. The "prudent person" standard shall be applied in the context of managing the total portfolio rather than a single investment providing that the decision was consistent with this investment policy. (Section 2256.006, Government Code) Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of responsibility for an individual security's credit risk or market price changes provided that deviations from exceptions are reported in a timely fashion and appropriate action is taken to control adverse developments. IV. Objectives The primary objectives, in priority order, of the City's investment activities shall be preservation and safety of principal, liquidity and yield. (Section 2256.006, Government Code) 1 City of Beaumont - Investment Policy A. Safety of principal The City of Beaumont has as its foremost objective to ensure the safety of principal. Investments of the City shall be undertaken in a manner that seek to ensure the preservation of capital in the overall portfolio. To attain this objective diversification is required in order to eliminate an over-concentration of assets in one institution, maturity or type of securities. B. Liquidity The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. The portfolio shall be constructed so that investment maturities are matched with forecasted cash flow requirements and limited by investments in securities with an active secondary market. C. Yield The City's investment portfolio shall be designed with the objective of attaining a rate of return which is consistent with risk limitations and cash flow characteristics of the City's investments. V. Delegation of Authority Authority to manage the City's investment program is derived from the City Charter (article VII, section 1-2). The Charter designates the City Manager as Director of Finance who shall have custody of all public funds, investments, bonds and notes of the City and be responsible for their safekeeping. The City Manager shall establish written procedures for the operation of the investment program consistent with this investment policy which include explicit delegation of authority to persons responsible for investment transactions. The City Manager shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Each "investment official" shall be approved by resolution of City Council to invest the City of Beaumont's funds. As shown in exhibit "A", the City Manager, the Finance Officer and the City Treasurer are currently approved as investment officials of the City of Beaumont. Such approval of specific persons shall remain in effect until rescinded by the City Council or until termination of the person's employment by the City of Beaumont. 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 as described in section III of this policy. (Section 2256.005 (f)-(h), Government Code) 2 City of Beaumont- Investment Policy VI. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Investment officials shall disclose any personal business relationships with business organizations approved to conduct investment transactions with the City of Beaumont as described in Section 2256.005 (i)(1-3) of the Government Code. They shall also disclose any specific individuals who seek to sell investments to the City and are related to the employee within the second degree by affinity or consanguinity, as determined under Chapter 573. Disclosure shall be filed with the Texas Ethics Commission and the City Council of the City of Beaumont. An ethics statement signed by each investment official is attached as exhibit `B". VII. Training Each investment official of the City of Beaumont shall attend as least ten (10) hours of training relating to investment responsibilities within 12 months after assuming such duties and shall continue to attend an investment training session not less than once every two years thereafter consisting of at least ten (10) hours of instruction. Training shall be in accordance with the Public Funds Investment Act and include education in investment controls, security risks, strategy risks, market risks, and compliance with state statutes governing the investment of public funds. All training shall be conducted by an independent source which has been approved by City Council. (Section 2256.008, Government Code) The Government Treasurers Organization of Texas, the Government Finance Officers Association of Texas, the Texas Municipal League and the University of North Texas are hereby approved as "independent sources" who may provide such training to investment officials. VIII. Selection of Financial Dealers, Institutions and Investment Pools Authorized investments shall only be purchased from those institutions included on the City's list of broker/dealers, financial institutions and investment pools as approved by the City Council. An "approved list", as shown in exhibit "C", shall be maintained by investment officials at all times and reviewed by the City Council on an annual basis. (Section 2256.025, Government Code) 3 City of Beaumont- Investment Policy Any business organization which seeks to execute investment transactions with the City of Beaumont shall provide a written instrument certifying that they have received and thoroughly reviewed the City's investment policy and have implemented reasonable procedures and controls in a effort to preclude investment transactions that are not authorized by this policy. The certification, as shown in exhibit "D", must be signed by a qualified representative of the business organization. Investment officials shall not buy any securities from a firm which has not filed this instrument. (Section 2256.005 (k)-(1), Government Code) A. Broker/Dealers The City shall select broker/dealers by creditworthiness and may include "Primary Government Securities Dealers" or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule). Broker/dealers selected must be members in good standing of the National Association of Securities Dealers, Inc. (NASD) and be licensed by the State of Texas. The minimum net capital requirement is S 5,000,000 and the business must have been in operation for at least five years. Firms who desire to become approved bidders for investment transactions must supply the City with audited financial statements, a trading agreement and other information regarding their capabilities, experience, general reputation, size and capitalization. Each firm will be reviewed by investment officials and a recommendation made for approval by City Council. B. Public Depositories The City Council shall select a primary depository every three years. The primary depository as authorized by the City Council shall meet all requirements of the state law concerning depositories for municipal funds. (Chapter 105, Government Code) The institution offering the most favorable terms and conditions for the handling of City funds shall be selected as the depository. The City Council may also establish agreements with financial institutions under separate contract for additional services which are necessary in the administration, collection, investment, and transfer of municipal funds. (Section 105.018, Government Code) Financial institutions who desire to become approved bidders for investment transactions shall submit information similar to that of a broker/dealer as described above (section VIII-A). No deposit shall be made except in a qualified public depository as established by State Law. The City of Beaumont shall not place deposits or investments with Saving and Loan Associations or Credit Unions. 4 City of Beaumont - Investment Policy C. Investment Pools Investment officials may invest funds of the City of Beaumont through an eligible investment pool with specific approval by resolution of City Council and execution of a written agreement. To become eligible, investment pools must first meet all requirements of State Law. They shall provide the City with an offering circular which contains specific and detailed information and provide detailed monthly transaction and performance reports. Pools shall have advisory boards composed of qualified members representing participants and non-participants who do not have a business relationship with the pool. (Section 2256.016 - 2256.019, Government Code) Before selection, pools shall be thoroughly reviewed and evaluated by investment officials. Annually, a review of the financial condition and registrations of approved bidders will be conducted by investment officials. A current audited financial statement is required to be on file for each financial institution, broker/dealer or investment pool in which the City of Beaumont invests. IX. Authorized and Suitable Investments Authorized investments for municipal governments in the state of Texas are set forth in the Public Funds Investment Act, as amended. (Section 2256.009-2256.019, Government Code) Suitable investments for the City of Beaumont are limited to the following: ♦ Direct Obligations of the United States or its agencies and instrumentalities which are non-callable and have a maximum stated maturity date of 5 years or less. ♦ Certificates of deposit issued by approved depository banks as described above (section VIII-B) which have a maximum stated maturity date of 5 years or less and are insured by the Federal Deposit Insurance Corporation, or their successors; or secured by obligations that are described in Section 2256.009(a) of the Government Code. ♦ Fully collateralized direct repurchase agreements with a defined termination date of 90 days or less which are secured by obligations of the United States or its agencies and instrumentalities and pledged with a third party other than an agent for the pledgor. Investment officials may invest in repurchase agreements through an approved primary government securities dealer or an approved depository bank as described above (section VIII-A, B). Each issuer of repurchase agreements shall be required to sign a master repurchase agreement. 5 City of Beaumont - Investment Policy ♦ No load money market mutual funds registered with and regulated by the Securities and Exchange Commission with a dollar weighted average stated maturity of 90 days or less whose assets consist exclusively of direct obligations of the United States and whose investment objectives include the maintenance of a stable net asset value of$1 per share. Money market mutual funds must provide the City with a prospectus and other information required by the Securities and Exchange Act of 1934 (Section 2256.014 (a), Government Code) and be specifically approved by City Council or purchased through the City's primary depository as an overnight investment tool. ♦ Approved investment pools as described above (section VIII-C) which are continuously rated no lower than AAA, AAA-m or an equivalent rating by at least one nationally recognized rating agency . X. Marking to Market All securities and certificates of deposit will be purchased or sold after at least two (2) offers or bids are taken to verify that the City is receiving a fair market value or price for the investment. The market value shall continue to be monitored at least quarterly through on-line investment software to which the City subscribes, the wall street journal or some other recognized market pricing source. The City of Beaumont shall not obtain market pricing from business organizations who may engage in investment transactions with the City. XI. Collateralization Collateralization will be required on all deposits, certificates of deposit and repurchase agreements. The collateralization level shall be equal to at least one hundred two percent (102%) of the aggregate market value of the deposit or investment including accrued interest less an amount insured by the Federal Deposit Insurance Corporation. Evidence of the pledged collateral shall be documented by a tri-party custodial or a master repurchase agreement with the collateral pledged clearly listed in the agreement. Collateral shall be reviewed monthly to assure that the market value of the securities pledged equals or exceeds the related deposit or investment balance. Collateral requirements shall be in accordance with both the Public Funds Investment Act and the Public Funds Collateral Act (Chapter 2256 and 2257, Government Code). Collateral underlying repurchase agreements is limited to direct obligations of the United States or its agencies and instrumentalities. The City of Beaumont shall accept a surety bond or the following investment securities as collateral on deposits and certificates of deposit: ♦ Direct obligations of the United States or its agencies and instrumentalities. 6 City of Beaumont-Investment Policy ♦ Direct obligations of this state or its agencies and instrumentalities. ♦ Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States and excluding those mortgage backed securities considered a high-risk mortgage security as described by Section 2257.0025 of the Government Code as well as those of the nature described by section 2256.009 (b) of the Government Code. ♦ Other obligations which are guaranteed or backed by the full faith and credit of this state or the United States or their respective agencies and instrumentalities. ♦ Obligations of states, agencies, counties, cities and other political subdivisions rated not less than A or its equivalent. ♦ Letters of credit issued by the United States or its agencies and instrumentalities. XH. Safekeeping and Custody Collateral shall be placed for safekeeping in a custodial account at the Federal Reserve Bank or at an institution not affiliated with a firm pledging collateral. All safekeeping arrangements shall be in accordance with a tri-party custodial agreement which clearly defines the responsibilities of each party and outlines the steps to be taken in order for the City to gain access to the collateral in the event of a "failure". The custodial agreement shall be executed between the City, the firm pledging the collateral and the custodial institution. All safekeeping receipts shall be delivered to the City and all collateral (whether a pledge or substitution) shall be formally accepted and released by City Council. All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery-versus-payment (DVP) basis. That is, funds shall not be wired or paid until verification has been made that the correct security was received by the safekeeping institution. Pool funds and mutual funds are excluded from this requirement. The security shall be held in the name of the City or on behalf of the City. The City shall not purchase securities from the firm or banking institution designated as the safekeeping institution. XIII. Diversification The City of Beaumont will diversify its investments to eliminate an over-concentration of assets in any one security type or institution. ♦ Up to ninety percent (90%) par of the portfolio may be invested in direct obligations of the United States or its agencies and instrumentalities. 7 City of Beaumont - Investment Policy ♦ No more than fifty percent (50%) par of the portfolio may be invested in certificates of deposit or repurchase agreements. ♦ No more than eighty percent (80%) par of the portfolio may be invested in investment pools or money market mutual funds. ♦ No more than twenty five percent (25%) par of the portfolio may be invested with any one institution in certificates of deposit and/or repurchase agreements. Additionally, these investments shall not exceed ten percent (10%) of the capitalization of the financial institution. XIV. Investment Strategies The City of Beaumont shall maintain a separate investment strategy for each of the three fund types represented in the portfolio. (Section 2256.005,(d), Government Code) A. Pooled Fund Groups Investment strategies for pooled fund groups containing operating funds have as their primary objective to ensure that anticipated cash flows are matched with adequate investment liquidity. Securities purchased shall not have a final stated maturity date which exceeds two (2) years from the date of purchase without specific approval by the City Council. The dollar weighted average maturity of the portfolio shall not exceed 365 days as calculated using the stated final maturity dates of each security. B. Debt Service Funds Investment strategies for debt service funds shall have as their primary objective to ensure that investments mature as necessary to cover the debt service obligation on the required payment date. The stated final maturity date on securities purchased shall not exceed the debt service payment date unless excess funds are available. In that case, maximum maturities shall not exceed two (2) years from the date of purchase and the dollar weighted average maturity of the portfolio shall not exceed 365 days as is consistent with investment strategies for operating funds. C. Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as their primary objective to seek the highest investment return with maximum security in order to produce a dependable revenue stream to the appropriate fund. Securities shall be invested in accordance with specific bond ordinances and shall not have a stated maturity date which exceeds the final maturity date of the bonds. At no time shall maximum maturities exceed five (5) years from the date of purchase. 8 City of Beaumont - Investment Policy XV. Internal Control The City of Beaumont, in conjunction with its annual financial audit shall perform a compliance audit of management controls on investments and adherence to the City's investment policy. (Section 2256.005(m), Government Code) XVI. Performance Standards The City intends to pursue an active versus a passive portfolio management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles which is consistent with risk limitations and cash flow needs of the City . Given this strategy, the basis used by investment officials to determine whether market yields are being achieved shall be the average return on 90 day U.S. Treasury Bills. XVII. Reporting Investment officials shall submit a monthly report to City Council summarizing the results of the City's investment activity. This report shall include the status of the current portfolio position, performance, trading activity, interest earnings and collateral. A quarterly report shall be submitted to the City Manager, as Chief Executive Officer, and the City Council detailing investment transactions and performance for the reporting period in accordance with state law. (Section 2256.023, Government Code) The report shall be jointly prepared and signed by all investment officials. It shall include a summary statement prepared in compliance with generally accepted accounting principles for each fund type and a detailed listing that states the beginning market value, changes to the market value, ending market value and fully accrued interest for the period. In addition, investment officials shall report on adherence to the City's investment strategies as expressed in this policy. The quarterly reports shall be formally reviewed by the City's independent auditor on an annual basis and the results of the review shall be reported to City Council. (Section 2256.023, (d), Government Code) XVIII.Investment Policy Adoption The City's investment policy is hereby adopted by resolution of the City Council on September 26, 1995. The City Council shall review and approve any modifications to the policy on an annual basis. This policy serves to satisfy the statutory requirement to define and adopt a formal investment policy as set forth in Section 2256.005 of the Government Code. 9