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Home My WebLink AboutPACKET MAR 29 2011 RICK WIG'S OtlOSTUNITI BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 29,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—March 22,2011 * Confirmation of committee appointments A) Authorize the City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Chambers County Health Department with all activities relating to public health emergency preparedness B) Authorize the City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Orange County Health Department with all activities relating to public health emergency preparedness C) Authorize the City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Hardin County Health Department with all activities relating to public health emergency preparedness D) Authorize the City Manager to execute all documents necessary for the affiliation agreement between The City of Beaumont EMS and Emergency Training Enterprises E) Authorize the settlement of the claim of Hi-Way Equipment Company A RICH WITH OPPORTUNITT BEA,UMON* T • E • X • A • 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: March 29, 2011 REQUESTED ACTION: Council consider authorizing City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Chambers County Health Department with all activities relating to public health emergency preparedness. RECOMMENDATION Administration recommends council approval. BACKGROUND The Local Public Health Emergency Preparedness Grant from the Department of State Health Services (D.S.H.S.) requires the Beaumont Public Health Department to provide the Chambers County Health Department with all activities relating to public health emergency preparedness services. The Department of State Health Services (D.S.H.S.) will provide the Beaumont Public Health Department grant funds for FY'11 in the amount of$110, 285.00 to provide the services. BUDGETARY IMPACT None. There is not a match requirement. RICK RITR OPPORTQKITT BEAUMON* T • 8 • X • A • 8 City of Beaumont Public Health Department Epidemiology Division Memorandum of Understanding Between City of Beaumont Public Health Department and Chambers County Health Department The City of Beaumont will provide Chambers County with all activities relating to public health emergency preparedness services. During the term of this agreement,the following performance measures in the FY'11 Public Health Emergency Preparedness, Cities Readiness Initiative, and HIN1 grant activities will include the following: 1. Increase the use and development of interventions known to prevent human illness from chemical,biological, radiological agents, and naturally occurring health threats; 2. Decrease the time needed to classify health events as terrorism or naturally occurring in partnership with other agencies; 3. Decrease the time needed to detect and report chemical, biological, radiological agents in tissue, food, or environmental samples that cause threats to the public's health; 4. Improve the timeliness and accuracy of information regarding threats to the public's health as reported by clinicians and through electronic early event detection in real time to those who need to know; 5. Decrease the time to identify causes, risk factors, and appropriate interventions for those affected by threats to the public's health; 6. Decrease the time needed to provide countermeasures and health guidance to those affected by threats to the public's health; 7. Decrease the time needed to restore health services and environmental safety to pre-event levels; 8. Increase the long-term follow-up provided to those affected by threats to the public's health; 9. Decrease the time needed to implement recommendations from after-action reports following threats to the public's health; 10. Increase community awareness regarding the H 1 N 1 virus thru effective planning to identify target population, prevention, and conduct a full-scale vaccination campaign. 950 Washington Blvd. •Beaumont,TX 77704 (409) 839-4208 or 1-866-815-0600•Fax(409)835-2545 The City of Beaumont will receive$ 110,285 from Department of State Health Services(DSHS)for these services that will be provided to Chambers County. This includes activities for Public Health Emergency Preparedness, Cities Readiness Initiative, and HIN1 grant activities. The Beaumont Public Health Department will designate a liaison who will manage day to day activities on behalf of Chambers County. For the City of Beaumont For Chambers County City Manager County Judge Date Date 950 Washington Blvd. -Beaumont,TX 77704 (409)8394208 or 1-866-815-0600•Fax(409)835-2545 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Chambers County Health Departmentwith all activities relating to public health emergency preparedness services through the Department of State Health Services Local Public Health Emergency Preparedness Grant in the amount of$110,285.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames - B RICH WITH OPPORTUNITY BEA,UMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health DirecteV MEETING DATE: March 29, 2011 REQUESTED ACTION: Council consider authorizing City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Orange County Health Department with all activities relating to public health emergency preparedness. RECOMMENDATION Administration recommends council approval. BACKGROUND The Local Public Health Emergency Preparedness Grant from the Department of State Health Services(D.S.H.S.)requires the Beaumont Public Health Department to provide the Orange County Health Department with all activities relating to public health emergency preparedness services. The Department of State Health Services (D.S.H.S.) will provide the Beaumont Public Health Department grant funds for FY'11 in the amount of$10, 000.00 to provide the services. BUDGETARY IMPACT None. There is not a match requirement. RICK WITtR OPPORTUI91TT BEAUMON* T • 8 • X • e. • 8 City of Beaumont Public Health Department Epidemiology Division Memorandum of Understanding Between City of Beaumont Public Health Department And Orange County Health Department The City of Beaumont will provide Orange County Health Department with advanced epidemiological services. These services will focus on the surveillance and epidemiology capacity to enhance,design,and/or develop systems for rapid detection of unusual outbreaks of illness that may be the result of bio-terrorism, other outbreaks of infectious disease, and other public health threats and emergencies. During the term of this agreement,the epidemiologist will provide advanced surveillance to Orange County and assist Orange County in completing the performance measures listed in the FY'11 Department of State Health Services(DSHS) Local Public Health Emergency Preparedness Grant by: • Reviewing and maintaining a system to receive, evaluate and communicate urgent disease reporting 24hours/7days per week once investigated by Orange County; • Communicating with the Laboratory Response Network (LRN) for receiving designated specimens; • Providing epidemiological assistance to Orange County Health Department for tabletop exercises and field drills that focus on the possible release of biological or chemical agents, or other public health emergencies; • Providing a monthly report of reportable conditions on behalf of Orange County; • Providing technical/scientific assistance with contact investigation. Also, • Orange County Health Department will designate one contact person who will manage day to day activities on its behalf in this matter; • Provide follow-up as instructed by the epidemiologist; 950 Washington Blvd. •Beaumont,TX 77704 (409)839-4208 or 1-866-815-0600 •Fax(409)835-2545 • Designate a person to receive the National Electronic Disease Surveillance System (NEDSS) training; • Enter confirmations of infectious diseases into the NEDSS system; • The Beaumont Public Health Department will receive an amount of$10,000.00 from DSHS for the above services from Orange County's original budgeted amount; • Any concerns about the activities of this mutual aid agreement will be addressed to the director of the Beaumont Public Health Department. For the City of Beaumont: For Orange County Health Department: Kyle Hayes Orange County Health Department City Manager Director Date Date 950 Washington Blvd. •Beaumont,TX 77704 (409)839-4208 or 1-866-815-0600 •Fax(409)835-2545 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Orange County Health Department with all activities relating to public health emergency preparedness services through the Department of State Health Services Local Public Health Emergency Preparedness Grant in the amount of$10,000.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames - C RICH WITH OPPORTUNITY BEA,UMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manag PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: March 29, 2011 REQUESTED ACTION: Council consider authorizing City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Hardin County Health Department with all activities relating to public health emergency preparedness. RECOMMENDATION Administration recommends council approval. BACKGROUND The Local Public Health Emergency Preparedness Grant from the Department of State Health Services(D.S.H.S.)requires the Beaumont Public Health Department to provide the Hardin County Health Department with all activities relating to public health emergency preparedness services. The Department of State Health Services (D.S.H.S.) will provide the Beaumont Public Health Department grant funds for FY'11 in the amount of$4,000.00 to provide the services. BUDGETARY IMPACT None. There is not a match requirement. RICK WITH OPPORTONITT BEAUMON* T • B • X • A - S City of Beaumont Public Health Department Epidemiology Division Memorandum of Understanding Between City of Beaumont Public Health Department and Hardin County Health Department During the term of the Public Health Emergency Preparedness FY'11 Grant,the City of Beaumont Public Health Department will provide the following services to the Hardin County Health Department: • Provide a 24/7 response system by providing advanced epidemiological evaluation of infectious/biological reports once investigated by Hardin County; • Provide technical/scientific assistance with contact investigation; • Communicate with the Laboratory Response Network (LRN) for receiving designated specimens; • Conduct planning meetings as needed with the Public Health Preparedness Staff; • Provide a monthly report of reportable conditions on behalf of Hardin County. During the term of the Public Health Emergency Preparedness FY'11 Grant, the Hardin County Health Department will: • Provide follow-up as instructed by the epidemiologist; • Designate a contact person who will manage the day-to-day activities on its behalf regarding the Public Health Emergency Preparedness FY'11 Grant; • Attend planning meetings as scheduled; • Designate a person to receive the National Electronic Disease Surveillance System (NEDDS) Training; • Enter confirmations of infectious diseases into the NEDDS system; 950 Washington Blvd. •Beaumont,TX 77704 (409) 839-4208 or 1-866-815-0600 •Fax(409)835-2545 • The Beaumont Public Health Department will receive $4,000.00 for the above services from Hardin County's original budgeted amount; • Any concerns about the activities of this mutual aid agreement will be addressed to the director of the Beaumont Public Health Department. For the City of Beaumont: For Hardin County: Kyle Hayes County Judge City Manager Date Date 950 Washington Blvd. •Beaumont,TX 77704 (409)839-4208 or 1-866-815-0600•Fax(409)835-2545 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Hardin County Health Department with all activities relating to public health emergency preparedness services through the Department of State Health Services Local Public Health Emergency Preparedness Grant in the amount of$4,000.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames - D RICH WITH OPPORTUNITY BEA,UMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Direc MEETING DATE: March 29, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary for the affiliation agreement between The City of Beaumont EMS and Emergency Training Enterprises. RECOMMENDATION Administration recommends Council approval. BACKGROUND The City of Beaumont EMS Division would like to enter into an agreement with Emergency Training Enterprises to provide an opportunity for students of the school to utilize The City of Beaumont EMS for the sole purpose of clinical rotation and for educational purposes under the direct supervision of The City of Beaumont EMS Division. Emergency Training Enterprises will assume all responsibilities and insurance for the students under this agreement. BUDGETARY IMPACT None. Emergency Training testis 109 31orris Rd West Sour Lake Te.-Cas Program Affiliation Agreement This agreement, is executed on 3-2-2011 between Emergency Training Enterprises, operating under the auspices of the Texas Department of State Health Services, hereinafter known as"school", for their students enrolled in the program Emergency Medical Technician Basic through Emergency Medical Technician Paramedic, and the Beaumont Public Health EMS, hereinafter known as the"facility". Whereas the purpose of these educational programs in the school is to develop qualified para-professional in the field of pre-hospital care to serve the needs of professionalism and the community, and Whereas, it is of mutual interest and advantages that students and the faculty of the school be given the opportunity to utilize the facility for educational purposes. The school and the facility agree as follows: 1. Only insofar as it is authorized by law to do so,the school and its students agree to hold the facility and its employees harmless from and against any and all liability for personal injury or indirectly from the property of the facility. 2. All students are covered by professional liability insurance of no less than $1,000,000 limit of liability and 10,000,000 aggregate. 3. A certificate of such insurance can be furnished to the facility on each participating student. 4. The students will be in the facility under the supervision of the program director and are subject to the rules and regulations established by the facility. 5. The names of the students and period of requested assignment will be furnished the facility by the school. 6. Students will be responsible for their transportation, meals, laundry, lodging, and health care needs in the performance of this agreement. 7. Students will be dressed in professional attire which includes name tag,protective footwear, solid color or light color shirt, and dark pants. The student's uniform must be approved by the facility. 8. Students will coordinate all activities and schedules through the school's education coordinator. 9, The provision/supervision of patient/client care is the responsibility of, and shall be carried out under the direction of,personnel of the facility. 10. The management of the facility can require that a student of the school be removed from the facility. A letter of explanation will follow. 11. The individual student is responsible for damages or broken equipment due to the student's negligence. This program agreement will remain in effect until terminated by either party. A letter of explanation will be provided under termination of this agreement. Nothing in this affiliation agreement is to be construed as transferring financial responsibility from one party to another. Terms of this agreement may be modified upon mutual consent of the parties. Plans to initiate termination of this agreement may be instituted by either party upon no les than thirty(30)days written notice by mail. For the School: For the Facility: Brandon Lee -EMS Coordinator City Represenative Emergency Training Enterprises City of Beaumont 08/30/10 ♦ J ` PC CAA Plaza, CERTIFICATE INSURANCE MHPSO Chicago, IL 60685 OCCURRENCE Ocamance 018098 970 HPG 0127291025 from: 12:01 AM Standard Time on: 06/01/10 immilto: 12:01 AM Standard Time on: 06/01/11 Emergency Training Ent. Healthcare Providers Service Organization 109 Morris Rd W 159 East County Line Road Sour Lake, TX 77659-9772 Hatboro, PA 19040 (800)986-4627 American Casualty Company of Reading, Pennsylvania 333 S.Wabash Avenue Chicago, IL 60685 A. PROFESSIONAL LIABILITY Professional Liability(PL) $1,000,000 each claim $5,000,000 aggregate Personal Injury Liability included above B. Coverage Extensions: Grievance Proceedings $1,000 per proceeding $10,000 aggregate Defendant Expense Benefit $10,000 aggregate Deposition Representation $1,000 per deposition $5,000 aggregate Assault None per incident None aggregate Medical Payments $2,000 per person $100,000 aggregate First Aid $500 per incident $25,000 aggregate Damage to Property of Others $250 per incident $10,000 Aggregate Total: $ 312.00 G-144918-A G-144931-A42 G-53752-C42 G-145184-A G-147292 -A Master Policy#152432426 Keep this document in a sale place.It is evidence I your insrx ,coverage. Chairman of the Board V Secretary G-144920-A(1/2003) Page 1 of 1 AMERICAN CASUALTY COMPANY OF READING, PA Effective Date of Change: RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to enter into an affiliation agreement between the City of Beaumont EMS Division and Emergency Training Enterprises for the sole purpose of clinical rotation and educational purposes under the supervision of the EMS Division. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames - E RICH WITH OPPORTUNITY r T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: March 29, 2011 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Hi-Way Equipment Company. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Hi-Way Equipment Company. BACKGROUND Council discussed the settlement of this claim in Executive Session on March 22, 2011. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund to pay the sum of$13,826.09. RESOLUTION NO. WHEREAS, the claim of Hi-Way Equipment Company has been discussed in an Executive Session properly called and held Tuesday, March 22, 2011; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Hi-Way Equipment Company in the amount of Thirteen Thousand Eight Hundred Twenty-Six and 09/100 Dollars ($13,826.09). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames - RICE WITY OPPORTUNITY BEAUMON* T # E * X . A # S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 29,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 7-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)District to GC-MD (General Commercial-Multiple Family Dwelling)District at 3070 S. 0 and 3100 Fannett Road 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density)District for the property at 4960 Abilene 3. Consider a request for a specific use permit to allow an auto body shop in a GC- MD (General Commercial-Multiple Family Dwelling)District at 5220 College Street 4. Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District at 7870 Highway 105 5. Consider a request for a specific use permit to allow a law office and a financial services office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6755 Delaware 6. Consider a request for a request for a specific use permit to allow a metal fabrication facility in an LI(Light Industrial)District at 5330 Gorman Road 7. Consider approving a contract for the purchase of Sodium Hydroxide for use by the Water Utilities Department 8. Consider authorizing the City Manger to enter into a contract with Legacy Community Development Corporation for acquisition and rehabilitation of properties for sale or lease purchase($306,045) and a contract for operating expenses ($40,432) 9. Consider authorizing the City Manager to enter into a contract with Legacy Community Development Corporation for acquisition and rehabilitation of properties for sale or lease purchase($69,841) WORKSESSION * Review and discuss the Preliminary Budget of the 2011 Housing and Urban Development(HUD) Consolidated Grant Program's Annual Action Plan PUBLIC HEARING * Receive comments on the Preliminary Budget of the 2011 Housing and Urban Development(HUD) Consolidated Grant Program's Annual Action Plan 10. Consider approving the Preliminary Budget of the 2011 Housing and Urban Development(HUD) Consolidated Grant Program's Annual Action Plan COMMENTS * Councilmembers/City Manager comment on various matters * 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: Starvin Marvins Bar and Grill LLC vs. City of Beaumont, et al, Cause No. E-0189628 Klein Investigations and Consulting vs. City of Beaumont Police Department, Cause No. B-0189589 Claim of McInnis Construction, Inc. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 March 29,2011 Consider a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling)District at 3070 S. 4`h and 3100 Fannett Road RICH WITH OPPORTUNITY [1EA,[1M011* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager CJP PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 29, 2011 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 3070 S. 4th and 3100 Fannett Road. RECOMMENDATION The Administration recommends approval of a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 3070 S. 4th and 3100 Fannett Road. BACKGROUND Walter Kyles has requested a zone change. Mr. Kyles owns the commercially developed property at the northwest corner of 4th and Fannett. However,the zoning of the property is split. Approximately half of his property is zoned GC- MD. The remainder is zoned RM-H. This split zoning prevents Mr. Kyles from being able to utilize his property to the wisest and best use. At a Joint Public Hearing held March 21, 2011, the Planning Commission voted 5:0:1 to approve a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 3070 S. 4th and 3100 Fannett Road. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING- HIGHEST DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3070 S. 4T"AND 3100 FANNETT ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned MRM-H (Residential Multiple Family Dwelling- Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3070 S. 4`h and 3100 Fannett Road, being Lots 5 and 6, Block 5, Booker Heights Addition, City of Beaumont, Jefferson County, Texas, containing 0.25 acres, more or less, as shown 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 herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames - File 2084-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling- + Highest Density) District to GC MD (General Commercial Multiple Family Dwelling) District or more restrictive district. ocation: 3070 S.4* and 3100 Fannett Road Applicant: Walter Kyles,Jr. 0 100 200 1 i I I Feet GC Legend-- GC-MD ® 2084Z WASHINGTON BLVD - .GC-MD GC-MD - GC-MD GC-M1D RM-H GC-MD z 0 RM=H c EUCLID ST N GC-MD :-H Cn Cwn �o GC -MD E R D ELINOR ST �P RM-H FRM-H GC-MD EXHIBIT "A" 2 March 29,2011 Consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for the property at 4960 Abilene RICH WITH OPPORTUNITY I T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C s� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 29, 2011 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for the property at 4960 Abilene. RECOMMENDATION The Administration recommends denial of a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for the property at 4960 Abilene. BACKGROUND Nga Thi Duong has requested a zone change. In 2009, Mr. Duong had applied for the same zone change for the property in question. At that time, the Planning Manager had recommended denial based upon the fact that the rezoning would encroach to far into an established single family area. It is the desire of the applicant to construct 80-100 multifamily units on the subject property. The property extends approximately 1,258 feet along Abilene. To the north, east and west are single family residences. Abilene is a local street with a 60'wide right-of-way, an 18' wide pavement and open ditches. The traffic that up to 100 apartment units generate would have adverse affects on Abilene and its intersection with E. Lucas. The Planning Manager does not believe circumstances have changed from 2009 to warrant a positive recommendation on this request at this time. At a Joint Public Hearing held March 21, 2011, the Planning Commission voted 6:0 to deny a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for the property at 4960 Abilene. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 4960 ABILENE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 4960 Abilene Street, being the north 215' of Lots 3 and 4, Lot 5, Lots 6A-6D and Lots 7A-7D, Block 2, Lucas Acres, City of Beaumont, Jefferson County,Texas, containing 3.03 acres, more or less, as shown 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 herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames - File 1077- : Request for a zone change from RS (Residential Single Family Dwelling) District to RM-H(Residential Multiple Family Dwelling-Highest Density)District or more restrictive district. Location: 4960 Abilene pplicant: Nga Thi Duong 0 100 200 300 400 I I I I I Feet Legend 207.72 0 -- m R_S R-S-- ----- r z v = m R_S -c y r R-S m m o v O � v cn - -- - Gz G�2 GC-MD GC-MD 1 i G OMW C-MD GC-MD E LUCAS DR D 3 M M „ . R-S Cl) R-S - .S r R-S .� R- R-S z U D .4 m M EXHIBIT "A" 3 March 29,2011 Consider a request for a specific use permit to allow an auto body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5220 College Street RICH WITH OPPORTUNITY [1EAi[1M011* T - E - x - A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C y� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 29, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow an auto body shop in a GC-MD (General Commercial-Multiple Family Dwelling)District at 5220 College Street. RECOMMENDATION The Administration recommends approval of a specific use permit to allow an auto body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5220 College Street, subject to the following condition: • The parking lot frontages must be screened by a 6' wide landscape strip. BACKGROUND Martin Motors has requested a specific use permit. Martin Motors has a pre-owned car sales business across Delmar from the subject property. The proposed auto body shop will consist of a 2,000 sq. ft. building and related parking. The property is enclosed on the north and west sides by a cinder block wall. The property is completely paved with concrete and was previously used as a pre-owned car lot. At a Joint Public Hearing held March 21, 2011, the Planning Commission voted 6:0 to approve a specific use permit to allow an auto body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5220 College Street, subject to the following condition: • The parking lot frontages must be screened by a 6'wide landscape strip. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN AUTO BODY SHOP IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 5220 COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Martin Motors has applied for a specific use permit to allow an auto body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5220 College Street, being Lots 1-6, Block 11, Sunnyside Addition, City of Beaumont, Jefferson County, Texas, containing 0.51 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 for a specific use permit to allow an auto body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5220 College Street; 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, subject to the following condition; • The parking lot frontages must be screened by a 6' wide landscape strip. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow an auto body shop in a GC-MD (General Commercial-Multiple Family Dwelling)District at 5220 College Street, being Lots 1-6, Block 11, Sunnyside Addition, City of Beaumont, Jefferson County,Texas,containing 0.51 acres, more or less, as shown on Exhibit "A" attached hereto; and, is hereby granted to Martin Motors, its legal representatives, successors and assigns, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, subject to the following condition: • The parking lot frontages must be screened by a 6' wide landscape strip. 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," attached hereto 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames - File 2078- : Request for a specific use permit to allow an auto body shop in a GC-NID General Commercial Multiple Family Dwelling) District. Location: 5220 College Street Applicant: Martin Motors 0 100 200 l I I Feet Legend GC-MD ® 2°78P WALL ST HI GC=M-D M r COLLEGE ST I- N V u. V a GC-MD GC-MD GC- -D EXHIBIT "A" NOTE LOTS 1, 2, 3, 4, 5, 6 LOCATED IN BLOCK It of SUNNYSI DE ADDITION FM ETIT Ij LOT 6 N PROPOSED BODY SHOP for I 25. 00 MARTIN MOTORS � I I I j AR STOP TYP o o•,�. +�slw I I I j j I \- H/CIPARKING e Project] to include standard I 0 LLJ and 1 H./C Uanocces4ble Park In9 spots '—'rr j C� I i I j ry- I I i I j w o I j i i I � I I � I i I I I i � I I I I i i � I I LOT 1 LOT 2 1 LOT 3 f LOT 4 LOT 5 127. 30 _ 5220 COLLEGE STREET * Approval subject to the following condition: • The parking lot frontages must be screened by a 6'wide landscape strip. 0 M a C— C)M PROPMED SITE PROP PLHN enterprises MARTIN MOTOR: W 13 SFW d(34720Go EXHIBIT "B" SCALE: I" -15 SEET N" ' nxSTRW FILE I rart NtTNAJW57"'Q DATE•'2/18/2011 7�P 4eslw,4467 DAAUN 6Y L.Tho�.e. ]OBt � 4 March 29,2011 Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District at 7870 Highway 105 RICH WITH OPPORTUNITY T • E BEA,UMON*x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager GSA PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 29, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District at 7870 Highway 105. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District at 7870 Highway 105 subject to the following conditions: • A sidewalk shall be required along the property frontage. • A six foot wide landscape strip shall be required along the parking lot frontage on Hwy. 105 • Landscaping for the interior of the parking lot shall meet the landscaping requirements and with a modification to the landscaping/screening requirement along the north and east property lines. BACKGROUND Beaumont Bible Church has requested a specific use permit. The church would like to construct a one story 8,250 sq. ft. metal building that will house both church services and Sunday School classrooms. The sanctuary will accommodate 215 seats. Church activities will consist of Sunday and Wednesday nights worship services. At a Joint Public Hearing held March 21, 2011, the Planning Commission voted 5:0:1 to approve a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District at 7870 Highway 105 subject to the following conditions: • A sidewalk shall be required along the property frontage. • A six foot wide landscape strip shall be required along the parking lot frontage on Hwy. 105 • Landscaping for the interior of the parking lot shall meet the landscaping requirements and with a modification to the landscaping/screening requirement along the north and east property lines. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICTAT 7870 HIGHWAY 105 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Beaumont Community Church dba Beaumont Bible Church has applied for a specific use permit to allow a church in a RS (Residential Single Gamily Dwelling) District at 7870 Highway 105, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a church in a RS (Residential Single Family Dwelling) District at 7870 Highway 105; 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, subject to the following conditions: • A sidewalk shall be required along the property frontage. • A six foot wide landscape strip shall be required along the parking lot frontage on Hwy. 105. • Landscaping for the interior of the parking lot shall meet the landscaping requirements NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a church in a RS (Residential Single Family Dwelling) District at 7870 Highway 105, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, is hereby granted to Beaumont Community Church dba Beaumont Bible Church, its legal representatives, successors and assigns, as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes, subject to the following conditions: • A sidewalk shall be required along the property frontage. • A six foot wide landscape strip shall be required along the parking lot frontage on Hwy. 105. • Landscaping for the interior of the parking lot shall meet the landscaping requirements. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C," attached hereto 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 4.889 acre tract of land out of and a part of that certain Beaumont Community Church called 19.47 acre tract of land,more fully described and recorded in Clerk's File No. 2004004981 of the official Public Records of Jefferson County,Texas. Said 4.889 acre tract of land being situated in the Daniel Easley League,Abstract No. 20,Jefferson County, Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found at the southwest corner of said 19.47 acre tract, same being the Southeast corner of that certain Lot 2, Block 7 of th Windemere Subdivision Section One,more fully described and recorded in Volume 12, Page 89 of the Map Records of said Jefferson County, same being in the North right-of-way line of State Highway 105 (public right-of-way); THENCE North 03 deg. 32 min. 00 sec. East along and with the West line of said 19.47 acre tract, same being the East line of said Block 7, a distance of 136.21 feet to a 5/8 inch iron rod with cap stamped"WORTECH SURVEYORS" set for an angle corner in the West line of said 19.47 acre tract, same being the Northeast corner of Lot 1 of said Block 7, same being in the South line of South Windemere Drive (50 feet wide right-of-way); THENCE North 37 deg. 37 min. 22 sec.East continuing along and with the West line of said 19.47 acre tract, same being the East line of said South Windemere Drive, a distance of 55.18 feet to a 5/8 inch rod found at the Southeast corner of Lot 5,Block 6,of said Windemere Subdivision, Section One, same being in the North line of South Windemere Drive; THENCE North 37 deg. 22 min. 08 sec. East continuing along and with the West line of said 19.47 acre tract, same being the East line of said Block 6,a distance of 205.75 feet to a PK Nail set in the top of a 4 inch x 4 inch wooden post for the Northwest corner of the tract herein described, same being in the East line of Lot 2, said Block 6, from which a 5/8 inch iron rod set for reference bears North 87°19'26" East a distance of 0.47 feet; THENCE North 87 deg. 19 min. 26 sec. East across said 19.47 acre tract a distance of 514.83 feet to a 5/8 inch iron rod with cap stamped"WORTECH SURVEYORS" set for the Northeast corner of the tract herein described; THENCE South 02 deg. 39 min. 37 sec. Eat continuing across said 19.47 acre tract a distance of 335.00 feet to a '/z inch iron rod with cap stamped"Faust" found in the South line of said 19.47 acre tract, same being in the North line of said State Highway 105; THENCE South 87 deg. 19 min. 26 sec. West along with the South line of said 19.47 acre tract, same being the North line of said State Highway 105 a distance of 697.53 feet to the PLACE OF BEGINNING, containing 4.889 acres of land, more or less. EXHIBIT "A" File : Request for a specific use permit to allow a church in an RS (Residential Ingle Family Dwelling) District. Location: 7870 Highway 105 -- Applicant: Beaumont Community Church dba Beaumont Bible Church 0 100 200 300 400 1 J Feet ( , Legend ® 2079P 2 - 2 O -- z R-S R-S HWY 105 R=S RM-H TOLIVAR RD r rn R- rn z 0 S R_S R_S z R-S R-$ m r r r- JILL LN z z z Z R=S R-S EXHIBIT "B" wp.en . wnef ,� D 4•.,,, SIGMA ENCLN6E INC 14 4P r�, V,Ip'" t �,, C`\ `\ 'V4^ •> 13 14 , i • rcv ♦ 1 ago .f L lu P cc Dr as rs _ /4 el y ~ i /•f•/p ��r�� Mf •PAI•ICrf WfrlR•ITUMIW I 1 ��iy�{� �' .y i' S, ,fI > 6 .sit CN1ED 10./714RTMCT f `JS•.a r V.Ib.•yWNIMf 11. �l • ✓ � W m 1 —„—„ ,.--.chow•� tp ®. : 14 40 X V6 LU p /1 i �° : '• V O =i°° `� » — "�s do J •sm w {=_, - °=ems_ 1> _ i9d_ d isc a 6 .. . .t•� �- Is WDIW � M,rnc•rs > •� Ifuom•n HICiFryyY 107 °wim •c•w� • ner'ri LEGM ff .m+,..f.owmna iin`ec��^�'°,n r.. > :♦ i iox, r tr = 4~,1 1� f..ww.mnm ...,a.°.m''"^...$4•d ....'""e..:`:e°+^."".a... > � � _ 4uiRUm.n =mow'` *Approval subject to the following conditions: � :.._r... ......W.. A sidewalk shall be required along the property frontage. �- ____ A six foot wide landscape strip shall be required along the parking lot frontage on Hwy. 105 PEA b�-~° "p� .. •Landscaping for the interior of the parking lot shall meet the landscaping requirements _a�. .. ....ti C .,..... '° �~ and with a modification to the landscaping/screening requirement along the north and east property lines. 5 March 29,2011 Consider a request for a specific use permit to allow a law office and a financial services office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 6755 Delaware RICH WITH OPPORTUNITY BEA,[IMON* T • E - X - A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager GJ� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 29, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a law office and a financial services office in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6755 Delaware. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a law office and a financial services office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6755 Delaware with a modification to the landscaping/screening requirement along the east side of the subject property until such time that the property to the east is developed. BACKGROUND Danny and Celia Scott have requested a specific use permit. Mr. and Mrs. Scott would like to construct two commercial buildings that would house a law office and a financial services office. Total square footage of the two buildings is 8,350 sq. ft. North of the subject property are a dental office and an optometry office. The proposed uses will be compatible with those existing uses. The applicant will construct an 8'tall wood screening fence and a 10'wide landscape strip along the south property line. On March 8, 2011, City Council approved a request by the property owners of Delaware Professional Office Park to modify the landscaping/screening requirement along the east property line. The fencing and landscaping strip will not be required until such time that the property to the east is developed. At a Joint Public Hearing held March 21, 2011, the Planning Commission voted 6:0 to approve a specific use permit to allow a law office and a financial services office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6755 Delaware with a modification to the landscaping/screening requirement along the east side of the subject property until such time that the property to the east is developed. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A LAW OFFICE AND A FINANCIAL SERVICES OFFICE IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT AT6755 DELAWARE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Danny and Celia Scott have applied for a specific use permit to allow a law office and a financial services office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6755 Delaware Street, being Lot 3, Delaware Professional Office Park, City of Beaumont, Jefferson County, Texas, containing 1.675 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 for a specific use permit to allow a law office and a financial services office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6755 Delaware Street; 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 COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a law office and a financial services office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6755 Delaware Street, being Lot 3, Delaware Professional Office Park, City of Beaumont, Jefferson County, Texas, containing 1.675 acres, more or less, as shown on Exhibit "A" attached hereto; and, is hereby granted to Danny and Celia Scott, their legal representatives, successors and assigns, as shown on Exhibit"A," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," attached hereto 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames - it 2 -P: Request for a specific use permit to allow a law office and a financial services office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: 6755 Delaware pplicant: Danny and Celia Scott 0 100 200 300 400 1 J Feet AF A-R Legend R-S N ® 2080P L LPN�PNP R-S - Q A-R RM-H 0 G'2 ----- GC-MD WILCOX LN R-S n N R-S N a N EXHIBIT "A" Delaware Offices Lot 3 1*673 Ac L41 Directional Li hting. i Entrances Landscaping 251 curb cu Drainage to City storms 34 Parking spaces (g' x 18') s ` _ 24' Aisle 41/ E rlrk monument sign to City 3,750 Sq. R. rode t�ti#h 4y600 Sq.Ft. 50' x 75 50' x 92' m directional lighting m 5' Si ewa Directional x lighting w r private Garbage Exits � 09 0 � Lj _ k x� B' 'w+ ood privacy fence Both buildings will be brick, single story with 10/12 pitch roofs All ADA requirements will be met *Approval with a modification to the landscaping/screening requirement along the east side of the subject property •- ..- - """";" until such time that the property to the east is developed. 6 March 29,2011 Consider a request for a request for a specific use permit to allow a metal fabrication facility in an LI (Light Industrial) District at 5330 Gorman Road RICH WITH OPPORTUNITY BEA,1114011* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Gf�? PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 29, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a metal fabrication facility in an LI (Light Industrial) District at 5330 Gorman Road. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a metal fabrication facility in an LI(Light Industrial) District at 5330 Gorman Road. BACKGROUND Harbinger Consulting Group has requested a specific use permit. Harbinger has the subject property under contract to purchase. It is the intent of the applicant to perform metal fabrication and assembly of pipe, structural steel and railroad materials on the premises. The property currently is not occupied. It consists of three permanent buildings, a number of portable buildings and a large lay down yard. Building`B" is a two story building with approximately 19,360 sq. ft. of office space. Building"G" is approximately 10,873 sq. ft. and is designed to be used as a metal shop/fabrication building. The subject property and the surrounding area are zoned LI and are used for industrial purposes. The proposed use will be compatible with other uses in the area. At a Joint Public Hearing held March 21, 2011, the Planning Commission voted 6:0 to approve a specific use permit to allow a metal fabrication facility in an LI (Light Industrial) District at 5330 Gorman Road. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A METAL FABRICATION FACILITY IN A LI (LIGHT INDUSTRIAL) DISTRICT AT 5330 GORMAN ROAD IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. WHEREAS, Harbinger Consulting Group has applied for a specific use permit to allow a metal fabrication facility in a LI (Light Industrial) District at 5330 Gorman Road, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a metal fabrication facility in a LI (Light Industrial) District at 5330 Gorman Road; 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 COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a metal fabrication shop in a LI (Light Industrial) District at 5330 Gorman Road, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, is hereby granted to Harbinger Consulting Group, its legal representatives, successors and assigns,as described in Exhibit"A"and shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C," attached hereto 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 12.3099 acre tract or parcel of land situated in the John A. Veatch Survey, Abstract No. 55, Jefferson County, Texas and being out of and part of Blocks 118, 119 and 120 of the Gladys City Oil, Gas and Manufacturing Company Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 55, Map Records, Jefferson County, Texas and also out of and part of that certain called 4.85 acre tract of land as described in a"Deed" from Allied Enterprises Incorporated to Matrix Engineering, Inc. as recorded in Clerk's File No. 94-9417862, Official Public Records of Real Property, Jefferson County, Texas, and also being all of that certain called 5.213 8 acre tract of land as described in a"Special Warranty Deed"from Gladys City Company to Matrix Engineering, Inc., as recorded in Film Code No. 102-94-0948, Official Public Records of Real Property, Jefferson County, Texas, and also being all of that certain called 2.658 acre tract of land as described in a "Special Warranty Deed" from Stone Haus Family Limited Partnership to Matrix Engineering, Ltd. as recorded in Clerk's File No. 2001033732, Official Public Records of Real Property, Jefferson County, Texas, and also being all of that certain called 1.497 acre tract of land as"Warranty Deed" from Gerald J. Nelson, Sr. and Gerald J.Nelson, Jr. to Matrix Engineering Incorporated as recorded in Film Code No. 103-08-0016, Official Public Records of Real Property, Jefferson County, Texas, said 12.3099 acre tract being more particularly described as follows: NOTE: All bearings are based on the Southwesterly right-of-way line of Gorman Street as SOUTH 27 040'00" EAST as recorded on the above referenced plat of the Gladys City Oil, Gas and Manufacturing Company Subdivision as recorded in Volume 1, Page 55, Map Records, Jefferson County, Texas. All set 5/8" iron rods set with a cap stamped"M.W. Whiteley& Associates". COMMENCING at a concrete monument found for the most Northeasterly corner of the said 4.85 acre Matrix Engineering, Inc. tract,the same being the most Northeasterly corner of that certain 0.7373 acre tract of land as described in a"Special Warranty Deed" from Matrix Engineering, LTD. to Constant Properties, Inc. as recorded in Clerk's File No. 2010029720, Official Public Records of Real Property, Jefferson County, Texas, said corner also being the intersection of the Southerly right-of-way line of U.S. Highway 59, 96 and 287 (also known as Cardinal Drive) and the Southwesterly right-of-way line of Gorman Street(based on a width of 80 feet); THENCE SOUTH 27 040'00" EAST, along and with the Southwesterly right-of-way line of Gorman Street and the Northeasterly line of the said Blocks 118 and 119, for a distance of 449.91 feet to a 5/8" iron rod with a cap stamped"M.W. Whiteley&Associates" found for the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 27 040'00" EAST, continuing along and with the Southwesterly right- of-way line of Gorman Street and the Northeasterly line of the said Blocks 118 and 119, passing at a distance of 249.72 feet a 5/8" iron rod with a cap stamped "M. W. Whiteley EXHIBIT "A" & Associates" found for the most Easterly corner of the said Block 119 and the most Northerly corner of Block 120 of the said Gladys City Oil, Gas and Manufacturing Company Subdivision and said corner also being the most Easterly corner of the said 4.85 acre Allied Enterprises Incorporated tract and the most Northerly corner of the said 1.497 acre Matrix Engineering Incorporated tract and continuing for a total distance of 327.72 feet to a %2" iron rod found for corner said corner also being the most Northerly corner of that certain called 1.4797 acre tract of land as described in a"General Warranty Deed with Vendor's Lien"from IMI Incorporated to REE Holdings,Inc. as recorded in Clerk's File No. 2000037809, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 61046'59" WEST, for the boundary between the tract herein described and the said 1.4797 acre REE Holdings, Inc. tract, for a distance of 418.69 feet to an iron rod with a cap found for corner, said corner being the most Westerly corner of the said 1.4797 acre REE Holdings, Inc. tract; THENCE SOUTH 28 044'54" EAST, for the boundary between the tract herein described and the said REE Holdings, Inc. tract, for a distance of 155.06 feet to a 1" iron pipe found for corner, said corner being the most Southerly corner of the said 1.4797 acre REE Holdings, Inc. tract and in the Northwesterly line of that certain called 0.310 acre tract of land as described in a"Special Warranty Deed" from Jefferson County Drainage District No. 6 to Doris J. Parks and husband James David Parks as recorded in Clerk's File No. 2000019323, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 63 040'04" WEST, for the boundary between the tract herein described and the said 0.310 acre Parks tract, for a distance of 141.86 feet to a 3/4" iron rod found for corner, said corner being the most Westerly corner of the said 0.310 acre Parks tract and in the Northeasterly line of that certain called 1.772 acre tract of land as described in a"Correction Special Warranty Deed" from Jefferson County Drainage District No. 6 to Paul D. Choate and wife, Evelyn J. Choate as recorded in Clerk's File No. 2000025368, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 27 046'27" WEST, for the boundary between the tract herein described and the said 1.772 acre Choate tract, that certain called 1 acre tract owned by Paul D. Choate as identified by Jefferson County Tax Appraisal District Account No. 233220- 000-00810-00000-3 (unable to locate deed reference), and that certain called 2 acre tract of land as described in a"Warranty Deed" from Thomas N. Pevito to Paul D. Choate and wife, Evelyn Choate as recorded in Volume 1606, Page 247, Deed Records, Jefferson County, Texas, for a distance of 233.75 feet to a 5/8" iron rod with a cap stamped"M. W. Whiteley &Associates" found for corner, said corner being the most Northerly corner of the said 2 acre Choate tract and in the Southeasterly line of the said 5.2138 acre Matrix Engineering, Inc., tract; THENCE SOUTH 62 020'00" WEST, for the boundary between the tract herein described and the said 2 acre Choate tract, the same being the common line between the said Blocks 119 and 120, for a total distance of 543.19 feet to a"PK"nail found for corner, said corner being the Northwest comer of the said 2 acre Choate tract and in the East right-of- way line of Erie Street(based on a width of 50 feet); THENCE NORTH 00 044'36" WEST, along and with the East right-of-way line of Erie Street and the West line of Block 119, for a distance of 344.99 feet to a 5/8" iron rod with a cap stamped"M.W. Whiteley& Associates" found for corner, said corner being the Southwest corner of that certain called 3.036 acre tract of land as described in an "Exchange Deed" from Stone Has Family Limited Partnership to ABF Freight System, Inc. As recorded in Clerk's File No. 2002018040, Official Public Records of Real Property, Jefferson County, Texas and from said corner to a 5/8" iron rod found for the Northwest corner of the said 3.036 acre ABF Freight System, Inc. tract bears NORTH 00°12'06" EAST a distance of 374.60; THENCE NORTH 6105740" EAST, for the boundary between the tract herein described and the said 3.036 acre ABF Freight System, Inc. tract, for a distance of 489.67 feet an iron rod with a cap stamped"Wortech" found for the most Easterly corner of the said 2.658 acre Matrix Engineering, Ltd. tract; THENCE NORTH 28 004'58" WEST, for the boundary between the tract herein described and the said 3.036 acre ABF Freight System, Inc.,tract, for a distance of 330.02 feet to a point for corner (unable to find or set due to fence post), said corner being the most Northerly corner of the said 3.036 acre ABF Freight System, Inc.tract and also being in the Southeasterly line of that certain called 2.455 acre tract of land as described in a "Special Warranty Deed" from E. H. Steinhagen, III to Petrotex Fuels, Inc. as recorded in Clerk's File No. 2004050217, Official Public Records of Real Property,Jefferson County, Texas and from said corner a 5/8" iron rod found bears NORTH 27°10'39" EAST a distance of 0.73 feet and said corner also bears NORTH 61°5733" EAST a distance of 312.17 feet from a 5/8" iron rod found for the Northwest corner of the said 3.036 ABF Freight System, Inc. tract and the Southwest corner of the said 2.455 acre Petrotex Fuels, Inc., tract; THENCE NORTH 6105733" EAST, for the boundary between the tract herein described and the said 2.455 acre Petrotex Fuels, Inc. tract, for a distance of 31.02 feet to a 5/8" iron rod with a cap stamped"M. W. Whiteley&Associates" found for corner, said corner being the most Easterly corner of the said 2.455 acre Petrotex Fuels, Inc.,tract; THENCE NORTH 28 008'39" WEST, for the boundary between the tract herein described and the said 2.455 acre Petrotex Fuels, Inc. tract, for a distance of 281.70 feet to a 5/8" iron rod found for corner, said corner being an angle point in the Northeasterly line of the said 2.455 acre Petrotex Fuels, Inc. tract; THENCE NORTH 00 012'42" EAST, continuing for the boundary between the tract herein described and the said 2.455 acre Petrotex Fuels, Inc. tract, for a distance of 114.37 feet to an iron rod with a cap stamped"Wortech" found for comer, said corner being the most Northeasterly corner of the said 2.455 acre Petrotex Fuels, Inc. tract and also being in the Southerly right-of-way line of U. S. Highway 69, 96 and 287; THENCE SOUTH 71 022'12" EAST, along and with the Southerly right-of-way line of U. S. Highway 69, 96 and 287, for a distance of 119.20 feet to a concrete monument found for corner, said corner being and angle point in the Southerly right-of-way line of U. S. Highway 69, 96 and 287; THENCE SOUTH 78 055'05" EAST, along and with the Southerly right-of-way line of U. S. Highway 69, 96 and 287, for a distance of 31.19 feet to a '/2" iron rod found for corner, said corner being the most Northeasterly corner of the said 2.658 acre Matrix Engineering, Ltd. tract and also being the most Northerly corner of the above referenced 4.85 acre Matrix Engineering, Inc., tract; THENCE SOUTH 78 034'29" EAST, along and with the Southerly right-of-way line of U. S. Highway 69, 96 and 287, for a distance of 133.44 feet to a punch hole in concrete found for the most Northwesterly corner of the above referenced 0.7373 acre Constant Properties, Inc., tract; THENCE SOUTH 27 040'00" EAST, for the boundary between the tract herein described and the said 0.7373 acre Constant Properties, Inc., tract,passing at a distance of 261.43 feet a punch hole in concrete found for the most Southwesterly corner of the said 0.7373 acre Constant Properties, Inc. tract and continuing for a total distance of 482.31 feet to a punch hole in concrete found for corner; THENCE SOUTH 62 020'00" WEST, for a distance of 98.28 feet to a 5/8" iron rod with a cap stamped"M. W. Whiteley&Associates" set for corner said corner being the in the common line between the said 2.658 acre Matrix Engineering,Inc.tract and the said 4.85 acre Matrix Engineering, Inc. tract; THENCE SOUTH 28°12'03" EAST, for the boundary between the said 2.658 acre Matrix Engineering, Inc. tract and the said 4.85 acre Matrix Engineering, Inc. tract, passing at a distance of 39.60 feet a 5/8" iron rod with a cap stamped"M. W. Whiteley&Associates" found for the most Easterly corner of the said 2.658 acre Matrix Engineering, Inc. tract and the most Northerly corner of the said 5.2138 acre Matrix Engineering, Inc. and the said 4.85 acre Matrix Engineering, Inc. tract, for a total distance of 101.91 feet to a 5/8" iron rod with a cap stamped"M. W. Whiteley& Associates" found for corner; THENCE NORTH 62 020'00" EAST, over and across the said 4.85 acre Matrix Engineering, Inc. tract, for a distance of 262.65 feet to the POINT OF BEGINNING and containing 12.3099 acres,more or less. file Z -P: Request for a specific use permit to allow a metal fabrication facility in an LI fight Industrial) District. - Location: 5330 Gorman Road Applicant: Harbinger Consulting Group 0 100 200 300 400 I i I I I I Feet W CgRD�NgC Legend W CA �V CARD�N �R �V CA ® 2083F RD1NA� VV CARD q� RDIN -- - I/yA� A�OR NM,, LI �o m �O LI `D / EXHIBIT "B" r fN4 l��V i IMY Pr il' rh A In 40 x r \:M ma #.e w".lcp6:' IF ltr.Y: { p_ i? Al J1iy «• '�' ff fE_ i NN 'A1NP:� t14(V a✓E..�� '`` � � y20 i4JAtt tkl � y� •1^ NLVhi CUieO l t 3 ' f SnM/.+nnl uKd ..s.. r. �i vhr.. -S-•, �.-v.......-. WfMLI'Y Oltfll¢W 4'lN'.-12 Jhl it of Ut Z1,1. rt. +! taq.fro Pi, r . rr4 UY�4ic �.% r. ..........r w.......v .M•N«hil EXHIBIT "C" 7 March 29,2011 Consider approving a contract for the purchase of Sodium Hydroxide for use by the Water Utilities Department RICH WITH OPPORTUNITY BEA,UMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Office>U MEETING DATE: March 29, 2011 REQUESTED ACTION: Council consider authorizing the award of a contract for the purchase of Sodium Hydroxide. RECOMMENDATION The Administration recommends the award of a six(6)month contract to Altivia, Inc., of Houston, in the estimated amount of$224,500. BACKGROUND Formal bids were requested from seven(7)vendors, four(4)responded. Low bid of$224,500 was submitted by Altivia, Inc., of Houston. This represents an approximate seventeen(17%) increase over the last contract. There are no local vendors who supply this commodity. Altivia, Inc., has held this contract previously. Sodium Hydroxide is used by the Water Utilities Department to purify the City's water supply. The Water Utilities Department expects to purchase approximately five hundred(500) dry tons during the term of the contract. Bid tabulations are as follows: VENDOR UNIT PRICE TOTAL PRICE PER DRY TON 500 DRY TONS Altivia, Inc. $449.00 $224,500 Houston, TX Univar, Inc. $465.32 $232,660 Dallas, TX FSTI, Inc. $473.00 $236,500 Austin, TX DXI Industries $495.00 $247,500 Houston, TX Contract for the purchase of Sodium Hydroxide March 29, 2011 Page 2 BUDGETARY Il"ACT Funds are available for this expenditure in the Water Utilities Department's operating budget. RICH WITH OPPORTUNITY City of Beaumont Texas BEe UMON* Purchasing Division Bid Tabulation z - s • : - w • s Bid Name: Six(6)Month contract for Sodium Hydroxide(Caustic Soda) Bid Number: BF0211-22 Bid Opening: Thursday,March 17,2011 Contact Person: Robert J. Holler,Buyer II rholiarOci.beau mont.tx.us Phone 409-880-3758 Vendor ANIvis Univar FSTI, Inc. DXI Industries city/state Houftm Dallas Austin Houston Phone or Fax No. 236-4842 800 765-7300 512 278-8800 281 457-4848 CITY ITEM DESC (TONS) Unit Prim Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 Sodium Hydroxide 2 2 2, 0.00 473.00 2 00.00 5.00 240.00 O AL B ID $232,660.00 0070 $247,500.001 RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of Sodium Hydroxide for use by the Water Utilities Department; and, WHEREAS, Altivia Corporation,of Houston,Texas,submitted a bid for an estimated total expenditure of$224,500 in the unit amounts shown below: VENDOR UNIT PRICE PER ESTIMATED COST 500 DRY TON DRY TONS Altivia, Inc. $449.00 $224,500.00 Houston, TX and, WHEREAS, City Council is of the opinion that the bid submitted by Altivia Corporation of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted byAltivia Corporation, Houston,Texas,fora six(6)month contract for the purchase of Sodium Hydroxide in the unit prices shown above for an estimated total expenditure of$224,500 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames - 8 March 29,2011 Consider authorizing the City Manger to enter into a contract with Legacy Community Development Corporation for acquisition and rehabilitation of properties for sale or lease purchase ($306,045) and a contract for operating expenses ($40,432) RICH WITH OPPORTUNITY BEAUMON* T • E ,. X • A • S City g Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C A3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 29, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to enter into a contract in the amount of$306,045 with Legacy Community Development Corporation for acquisition and rehabilitation of properties for sale or lease purchase and a contract in the amount of$40,432 for operating expenses. RECOMMENDATION The Administration recommends approval. BACKGROUND The City of Beaumont receives an annual allocation of HOME Investments Partnerships funds from the U. S. Department of Housing and Urban Development (HUD)and has previously awarded contracts for acquisition or construction of housing to be sold to eligible low/moderate income families under lease purchase agreements. Federal regulations require that a minimum of fifteen percent(15%) of the City's total HOME fund allocation be contracted to Community Housing Development Organizations(CHDO's)for eligible CHDO activities. Legacy Community Development Corporation(Legacy CDC), a certified CHDO, is seeking to stabilize neighborhoods, particularly in the north end, by providing home ownership opportunities for low to moderate income families. This funding will enable Legacy to identify up to ten(10) properties currently on the market and submit them for the review process, which includes satisfying the program's lot specifications, environmental review, and code compliance. Eligible properties will be acquired and rehabilitated, and sold or a lease-purchase offer will be extended to eligible low-to-moderate income families for a period not to exceed 36 months. Any and all income received by Legacy for leased properties must be used toward the organization's affordable housing activities. Operating funds will also be used for Homebuyer Counseling, Neighborhood Outreach and the redevelopment of Census Tracts 6, 7, and 8 as part of the Housing Authority's HOPE VI Program. Housing Division staff will be responsible for monitoring Legacy for HOME Program compliance. BUDGETARY IMPACT Funding is available from the 2010 HOME Program. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with Legacy Community Development Corporation (Legacy CDC) in the amount of$306,045 for acquisition and rehabilitation of up to ten (10) properties for lease to eligible low-to- moderate income families and a contract with Legacy Community Development Corporation (Legacy CDC) in the amount of$40,432 for related operating expenses, said contracts to be funded from the 2010 HOME Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames. - 9 March 29,2011 Consider authorizing the City Manager to enter into a contract with Legacy Community Development Corporation for acquisition and rehabilitation of properties for sale or lease purchase ($69,841) RICH WITH OPPORTUNITY BEAUMON* T . E . X . A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager L5� > PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 29, 2411 REQUESTED ACTION: Council consider authorizing the City Manager to enter into a contract in the amount of$69,841 with Legacy Community Development Corporation for acquisition and rehabilitation of properties for sale or lease purchase. RECOMMENDATION The Administration recommends approval. BACKGROUND The City of Beaumont receives an annual allocation of HOME Investments Partnerships funds from the U. S. Department of Housing and Urban Development (HUD) and has previously awarded contracts for acquisition or construction of housing to be sold to eligible low/moderate income families under lease purchase agreements. Federal regulations require that a minimum of fifteen percent(15%) of the City's total HOME fund allocation be contracted to Community Housing Development Organizations(CHDO's)for eligible CHDO activities. Legacy Community Development Corporation(Legacy CDC), a certified CHDO, is seeking to stabilize neighborhoods, particularly in the north end, by providing home ownership opportunities for low to moderate income families. This funding will enable Legacy to identify up to two (2) properties currently on the market and submit them for the review process, which includes satisfying the program's lot specifications, environmental review, and code compliance. Eligible properties will be acquired and rehabilitated, and sold or a lease-purchase offer will be extended to eligible low-to-moderate income families for a period not to exceed 36 months. Any and all income received by Legacy for leased properties must be used toward the organization's affordable housing activities. Operating funds will also be used for Homebuyer Counseling, and Neighborhood Outreach. Housing Division staff will be responsible for monitoring Legacy for HOME Program compliance. BUDGETARY E"ACT Funding is available from the 2009 HOME Program. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with Legacy Community Development Corporation (Legacy CDC) in the amount of$69,841 for acquisition and rehabilitation of up to two (2) properties for lease to eligible low-to- moderate income families and for related operating expenses, said contracts to be funded from the 2009 HOME Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames. - WORKS SSION * Review and discuss the Preliminary Budget of the 2011 Housing and Urban Development (HUD) Consolidated Grant Program's Annual Action Plan 2011 HUD CONSOLIDATED GRANT PROGRAM Preliminary COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) 2011 HOUSING Budget MINOR REPAIR $140,000 Funds will be used to repair approximately ten(10)houses for the elderly and disabled. LEAD BASED PAINT TESTING 10,000 Funds will be used to test paint for lead and address the lead based paint issue of single family and multi family housing for low to moderate income individuals. REHABILITATION Funds will be used to rehabilitate three to five homes for families with low-to-moderate income 100,000 and regulatory requirements associated with the implementation of the Housing Repair Program. REHABILITATION ADMINISTRATION Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution, 120,000 and regulatory requirements associated with the implementation of the Housing Repair Program. CLEARANCE AND DEMOLITION Clearance and Demolition 327,000 Funds will be used to demolish approximately thirty-five(35)unsafe,unsanitary and uninhabitable residential structures in low to moderate income areas at a cost of approximately $3,500 each. PUBLIC FACILITY&IMPROVEMENT 500,000 Section 108 Hotel Beaumont(Section 108 payment)—rehabilitation Crocket Street(Section 108 payment)—rehabilitation Jefferson Theater(Section 108 payment)—rehabilitation Theodore R.Johns,Jr.Library(Section 108 payment)—new construction L.L.Melton YMCA(Section 108 payment)—rehabilitation PUBLIC SERVICES 125,000 Public Service Organizations Funds will be used for administrative and operating costs for various public service organizations that provide services to low/moderate income citizens. EMERGENCY SHELTER SET-ASIDE 85,000 Funds will be used to provide Homeless Provider Grant Funds to assist with operation management,essential services,homeless prevention and administration of a facility that houses and provides services for the homeless population. ADMINISTRATION 345,861 Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution, and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program. REVOLVING FUNDS(Funded with Program Income*) 150,000 Small Business Loan Historic Preservation Loan Fund Clearance and Demolition *Program Income is Estimated TOTAL CDBG 1.902.861 HOME AFFORDABLE HOUSING PROGRAM 654,997 Funds will be used to assist a non-profit housing development organization with the development of approximately 10 new single family homes. Funds will also be used to assist low/moderate income families with the closing costs, mortgage buy downs,and down payments needed to purchase homes.Funds will also be used for eligible project costs associated with the development of multi-family housingUnits. HOME ADMINISTRATION 72,777 TOTAL HOME 727,774 TOTAL CDBG/HOME BUDGET 2,630,635 PUBLIC HEARING * Receive comments on the Preliminary Budget of the 2011 Housing and Urban Development (HUD) Consolidated Grant Program's Annual Action Plan 10 March 29,2011 Consider approving the Preliminary Budget of the 2011 Housing and Urban Development(HUD) Consolidated Grant Program's Annual Action Plan RICH WITH OPPORTUNITY r T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 29, 2011 REQUESTED ACTION: Council conduct a Work Session,Public Hearing and consider a resolution adopting the Preliminary Budget of the 2011 Housing and Urban Development(HUD) Consolidated Grant Program's Annual Action Plan. RECOMMENDATION Administration recommends approval. BACKGROUND As mandated by the U. S. Department of Housing and Urban Development(HUD), City Council has conducted public hearings and work sessions in previous years prior to adopting the City's Annual Action Plan. Community Development Staff along with the Community Development Advisory Committee(CDAC),hosted four(4)Public Hearings in order to receive public comments on the process and activities related to the Preliminary 2011 Annual Action Plan. In accordance with the Citizen Participation Plan, a thirty(30)day comment period,which allows citizens a reasonable time to submit written comments,will follow the adoption of the 2011 Preliminary Consolidated Grant Program's Annual Action Plan. Prior to its submission to HUD for approval, City Council will consider adopting the final Draft of the Annual Action Plan on or about May 3,2011. BUDGETARYIMPACT The 2009 Preliminary budget totaling$2,630,635 is comprised of Community Development Block Grant Funds ($1,752,861), HOME Investment Partnership funds($727,774) and estimated Program Income($150,000). RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the Preliminary Budget of the 2011 HUD Consolidated Grant Program's Annual Action Plan. The Plan Budget is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of March, 2011. - Mayor Becky Ames - 2011 HUD CONSOLIDATED GRANT PROGRAM Preliminary COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) 2011 HOUSING Budget MINOR REPAIR $140,000 Funds will be used to repair approximately ten(10)houses for the elderly and disabled. LEAD BASED PAIIiYTTESnNG 10,000 Funds will be used to test paint for lead and address the lead based paint issue of single family and multi family housing for low to moderate income individuals. REHABILITATION Funds will be used to rehabilitate three to five homes for families with low-to-moderate income 100,000 and regulatory requirements associated with the implementation of the Housing Repair Program. REHABILITATION ADMINISTRATION Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution, 120,000 and regulatory requirements associated with the implementation of the Housing Repair Program. CLEARANCE AND DEMOLITION Cleamnee and Demolition 327,000 Funds will be used to demolish approximately thirty-five(35)unsafe,unsanitary and uninhabitable residential structures in low to moderate income areas at a cost of approximately $3,500 each. PUBLIC FACILITY&IMPROVEMENT 500,000 Section log Hotel Beaumont(Section 108 payment)—rehabilitation Crocket Street(Section 108 payment)—rehabilitation Jefferson Theater(Section 108 payment)—rehabilitation Theodore R.Johns,Jr.Library(Section 108 payment)—new construction L.L.Melton YMCA(Section 108 payment)—rehabilitation PUBLIC SERVICES 125,000 Public Service Organisations Funds will be used for administrative and operating costs for various public service organizations that provide services to low/moderate income citizens. EMERGENCY SHELTER SET-ASIDE 85,000 Funds will be used to provide Homeless Provider Grant Funds to assist with operation management,essential services,homeless prevention and administration of a facility that houses and provides services for the homeless population. ADMINISTRATION 345,861 Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution, and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program. EXHIBIT "A" REVOLVING FUNDS(Funded with Program Income") 150,000 Small Business Loan Historic Preservation Loan Fund Clearance and Demolition *Program Income is Estimated TOTAL CDBG 1.902.861 HOME AFFORDABLE HOUSING PROGRAM 554,997 Funds will be used to assist a nonprofit housing development organization with the development of approximately 10 new single family homes. Funds will also be used to assist low/moderate income families with the closing costs, mortgage buy downs,and down payments needed to purchase homes.Funds will also be used for eligible project costs associated with the development of multi-family housingUnits. HOME ADMINISTRATION 72,777 TOTAL HOME 727,774 TOTAL CDBG/HOME BUDGET 2.630.635