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Home My WebLink AboutPACKET AUG 27 2002 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 27, 2002 1:30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item one and items 8-12 * Consent Agenda GENERAL BUSINESS 1. Consider approving an ordinance approving the initial rate period and initial long rates for the $30 million City of Beaumont, Texas, Waterworks and Sewer System Adjustable Rate Revenue Bonds, Series 2002 2. Consider a request to amend the Zoning Ordinance, Section 30-33 (b) 2, Special Conditions, Adult Entertainment Uses, to delete, as an allowed use by right or with a specific use permit, eating places (SIC 5812) and drinking places (SIC 5813) that have adult entertainment and video tape rental (SIC 7841) that rents adult video tapes from the RCR, NC, NSC, GC-MD, GC-MD-2 and GC-MD-3 Districts 3. Consider a request for a specific use permit to allow a dental office in an R.MI-H (Residential Multiple Family Dwelling-Highest Density) District at the northeast corner of Phelan Boulevard at Mathews Lane 4. Consider a request for an amended specific use permit to allow revisions to building and parking layout and landscaping of an office building in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6380 Folsom 5. Consider a request for a specific use permit to allow commercial and professional office space in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) and RM-H (Residential Multiple Family Dwelling-Highest Density) District at the northeast corner of Phelan Boulevard and Shakespeare Drive 6. Consider a request for a specific use permit to allow the expansion of a gymnastics studio in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 7575 Highway 105 7. Consider a request for a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1570 Roberts Avenue 8. Consider a request to abandon the west 20' x 150' of the alley in Block 4, Jarrett Addition 9. Consider a request to abandon a 10' general utility easement out of Lots 1-3, Heather and Corey Place Addition 10. Consider a request to abandon a 25'wide utility easement in Milam Street between IH-10 and Hillebrandt Bayou 11. Consider adopting the Parks, Recreation and Open Space Plan Element of the Comprehensive Plan 12. Consider approval of an annual contract for container and solid waste collections WORK SESSION * FY 2003 Budget COMMENTS • Councilmembers comment on various matter • Public Comment (Persons are limited to three minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 August 27,2002 Consider approving an ordinance approving the initial rate period and initial long rates for the $30 million City of Beaumont, Texas, Waterworks and Sewer System Adjustable Rate Revenue Bonds, Series 2002 City of Beaumont CI N•••• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: August 27, 2002 AGENDA MEMO DATE: August 20, 2002 REQUESTED ACTION: Council consider an ordinance approving the initial rate period and initial long rates for the $30 million City of Beaumont, Texas, Waterworks and Sewer System Adjustable Rate Revenue Bonds, Series 2002. RECOMMENDATION The administration requests approval of an ordinance authorizing the initial rate period and initial long rates for the $30 million City of Beaumont, Texas, Waterworks and Sewer System Adjustable Rate Revenue Bonds, Series 2002. BACKGROUND Adjustable rate debt offers flexibility of payout structure, reduced issuance costs and historically lower interest cost than fixed rate debt. Frank Ildebrando of Dain Rauscher Incorporated, acting as placement agent, has recommended that the adjustable rate bonds be privately placed with J.P. Morgan Investment Management of New York. Mr. Ildebrando will report the initial rate period and initial long rates proposed by J.P. Morgan at the City Council meeting and make a recommendation on whether the City should accept the rates. Delivery and receipt of the proceeds by the City is scheduled for August 29, 2002. Proceeds will be used to finance the expansion, repair, renovation and related improvements to the waterworks and sewer system. BUDGETARY IMPACT All debt and other expenses shall be incurred by the Water Fund which is supported by water and sewer revenues as generated through user fees. PREVIOUS ACTION A resolution was approved on July 23, 2002 to authorize the issuance of $30 million City of Beaumont, Texas, Waterworks and Sewer System Adjustable Rate Revenue Bonds. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Treasurer. RECOMMENDED MOTION Approve/Deny an ordinance authorizing the initial rate period and initial long rates for the $30 million City of Beaumont, Texas,Waterworks and Sewer System Adjustable Rate Revenue Bonds, Series 2002. 08/19/2002 15:28 FAX 409 833 9715 ORGAI\ BELL & TUCKER 2003/005 DRAFT -No.39 THE CITY OF BEA.UMONT. TEXAS ORDINANCE NO. ORDINANCE APPROVING THE INITIAL RATE PERIOD AND INITIAL LONG RATES FOR THE THE CITY OF BEA.UMONT, TEXAS WATERWORKS AND SE'W'ER SYSTEM ADJUSTABLE RATE REVENGE BONDS, SERIES 2002 BE IT ORDAINED BY THE CITY OF BhALN-MONT, I'EXA.S: Section 1. Findings and Determinations. It is hereby officially found and determined that= (a) Pursuant to Chapter 1502, Texas Goverriment Code, as amended, find pursuant to an Ordinance passed and approved by The City of Beaumont, Texas (,the "City") on July 2'), 2002 (the "Series 2002 Bond Ordinance', the City authorized the issuance of the City of Beaumont; Texas, Waterworks and Sewer System Adjustable Rate Revenue Bonds, Series 2002 (the "Series 2002 Bonds"), payable from the reve,lues of the City's water and sewer system for the purpose of constructing repairs, improvements, additions and extensions to the City's waterworks and sanitary sewer system. (b) Pursuant to Section 3.3 of the Series 2002 Bond Ordinance, the Series 2002 Bonds are to be intially issued bearing interest at an initial Long Rate or Rates and with a Rate Period to be specified and approved by the City Council of the City prior to the initial delivery of the Scries 2002 Bonds. (c) The City desires to proceed with the closing and initial delivery of the Series 2002 Bonds, which closing is to take place on August 29, 2002, or the first possible date thereafter, and in cotmection therewith the City Council desires to specify the initial Long Rate or Rates and the initial Rate Period of khe Series 2002 Bonds. Section 2. Approval and Specification of Initial Long Rates aad Rate Period. The Series 2002 Bonds shall be initially issued and sold to JPMORGAN CHASE BANK in accordance with the terms of the Series 2002 Bond Ordinance, and the Series 2002 Bonds shall initially bear interest at the initial Long Rates as set forth in the following schedule: The initial Rate Period for the Series 2002 Bonds shall be fi-om the date of delivery until September 1, All other terms and provisions of the Series 2002 Bonds shall be as set forth, in the Series 2002 Bond Ordinance. 1 08/19/2002 15:29 FAX 409 833 9715 ORGAI\ BELL & TUCKER 2004/005 Section 3. _Further Proceeding. The Mayor of the City, the City Clerk of the City and other appropriate officials of the City are hereby authorized and directed to do any and all th)ngs necessary and/or convenient to carry out the terms of this Ordinance. Section 4. Severability. If any Section, paragraph, clause or provision of :his Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 5. Open Meeting. It is hereby found, determined and declared that a suffic)ent written notice of the date, hour, place and subject of the meeting of the City Council at which this Ordinance was adopted was posted at a place convenient and readily accessible at all times to the general public at the City Hall of the City for the time required by law preceding this meeting. as required by the Open Meetings Act, Chapter 551, Texas Government Code, as arnendf:d, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed; considered and forinally acted upon. The City Council further ratifies, approves and confirms such "viitten notice and the contents and posting thereof 2 08/19/2002 15:29 FAX 109 833 9715 ORGAEN BELL & TUCKER Z005/005 PASSED AND APPROVED THIS August 27, 2002. Mayor, The City of Beaumont, Texas ATTEST: City Clerk, The City of Beaumont, Texas (SEAL) 3 2 August 27,2002 Consider a request to amend the Zoning Ordinance, Section 30-33 (b)2, Special Conditions, Adult Entertainment Uses,to delete, as an allowed use by right or with a specific use permit, eating places (SIC 5812)and drinking places(SIC 5813)that have adult entertainment and video tape rental(SIC 7841) that rents adult video tapes from the RCR, NC, NSC, GC-NM, GC-N D-2 and GC-NM-3 Districts Cl of Beaumont CJI! Council Agenda Item �10 EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 27, 2002 AGENDA MEMO DATE: August 20, 2002 REQUESTED ACTION: Council consider a request to amend the Zoning Ordinance, Section 30-33 (b)2, Special Conditions,Adult Entertainment Uses, to delete, as an allowed use by right or with a specific use permit, eating places(SIC 5812)and drinking places(SIC 5813)that have adult entertainment and video tape rental(SIC 7841)that rents adult video tapes from the RCR,NC,NSC, GC-MD, GC-MD-2 and GC-MD-3 Districts. RECOMMENDATION The Administration recommends approval of a request to amend the Zoning Ordinance,Section 30- 33 (b)2, Special Conditions,Adult Entertainment Uses,to delete,as an allowed use by right or with a specific use permit, eating places (SIC 5812) and drinking places (SIC 5813) that have adult entertainment and video tape rental(SIC 7841)that rents adult video tapes from the RCR,NC,NSC, GC-MD, GC-MD-2 and GC-MD-3 Districts. BACKGROUND In April,2002,City Council approved amendments to the Zoning Ordinance that addressed distance requirements and zoning districts that allowed eating places, drinking places and video tape rental with adult entertainment. Since that adoption,staff feels that for clarification purposes,Section 30-33(b)2 needs to be amended to read as follows: Sec. 30-33(b) 2. Adult Entertainment Uses: The following special conditions and regulations shall apply for adult entertainment uses without regard to whether the adult entertainment use is a primary or accessory use. Adult entertainment uses are those which exclude minors by virtue of age under the Penal Code of the State of Texas unless such minor is accompanied by a consenting parent, guardian, or spouse and shall include but not be limited to, adult motion picture theaters, massage parlors, nude modeling studios, nude photography studios, adult bookstores, or eating and drinking establishments which have sexually oriented entertainment such as go-go dancers, exotic dancers, strippers or other similar entertainers. a. An adult entertainment use shall not be established or expanded within fifteen hundred (1,500) feet of any dwelling. b. An adult entertainment use shall not be established or expanded within three hundred (300) feet of any other adult entertainment use, bar,pool hall, or liquor store. C. An adult entertainment use shall not be established or expanded within fifteen hundred(1,500)feet of a church,child care facility,school,hospital,public building, or public park. d. The method the distance between an adult entertainment use and another adult entertainment use or any other use shall be from nearest property line to nearest property line of said uses. e. Eating places (SIC 5812) and drinking places (SIC 5812) that have adult entertainment and video tape rental(SIC 7841)that rents adult video tapes shall not be allowed in the RCR, NC,NSC, GC-MD, GC-MD-2 and GC-MD-3 Districts. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 19,2002,the Planning Commission voted 9:0 to approve a request to amend the Zoning Ordinance, Section 30-33 (b) 2, Special Conditions, Adult Entertainment Uses,to delete,as an allowed use by right or with a specific use permit,eating places(SIC 5812)and drinking places(SIC 5813)that have adult entertainment and video tape rental (SIC 7841)that rents adult video tapes from the RCR,NC,NSC,GC-MD,GC-MD-2 and GC-MD-3 Districts. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to amend the Zoning Ordinance, Section 30-33 (b)2, Special Conditions, Adult Entertainment Uses,to delete, as an allowed use by right or with a specific use permit, eating places(SIC 5812)and drinking places(SIC 5813)that have adult entertainment and video tape rental (SIC 7841)that rents adult video tapes from the RCR,NC,NSC,GC-MD,GC-MD-2 and GC-MD-3 Districts. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES BY AMENDING SECTION 30-33 (b) (2), TO THE ZONING ORDINANCE; PROVIDING FOR THE DELETION AS AN ALLOWED USE BY RIGHT OR WITH A SPECIFIC USE PERMIT, EATING PLACES (SIC 5812) AND DRINKING PLACES (SIC 5812) THAT HAVE ADULT ENTERTAINMENT AND VIDEO TAPE RENTAL (SIC 7841) THAT RENTS ADULT VIDEO TAPES SHALL NOT BE ALLOWED IN THE RCR, NC, NSC, GC-MD, GC- MD-2 and GC-MD-3 DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Section 30-33 (b) (2) of the Code of Ordinances of the City of Beaumont be, and the same is hereby amended to read as follows: Sec. 30-33 (b). Special conditions by use (2) Adult Entertainment Uses. The following special conditions and regulations shall apply for adult entertainment uses without regard to whether the adult entertainment use is a primary or accessory use. Adult entertainment uses are those which exclude minors by virtue of age under the Penal Code of the State of Texas unless such minor is accompanied by a consenting parent, guardian, or spouse and shall include but not be limited to, adult motion picture theaters, massage parlors, nude modeling studios, nude photography studios, adult bookstores, or eating and drinking establishments which have SAAGENDMCITY CLERf008-27-02MM sexually oriented entertainment such as go-go dancers, exotic dancers, strippers or other similar entertainers. a. An adult entertainment use shall not be established or expanded within fifteen hundred (1,500) feet of any dwelling. b. An adult entertainment use shall not be established or expanded within three hundred (300)feet of any other adult entertainment use, bar, pool hall, or liquor store. c. An adult entertainment use shall not be established or expanded within fifteen hundred (1,500) feet of a church, child care facility, school, hospital, public building, or public park. d. The method the distance between an adult entertainment use and another adult entertainment use or any other use shall be from nearest property line to nearest property line of said uses. e. Eating places(SIC 5812)and drinking places(SIC 5812)that have adult entertainment and video tape rental (SIC 7841) that rents adult video tapes shall not be allowed in the RCR, NC, NSC, GC-MD, GC-MD-2 and GC-MD-3 Districts. 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 S:WGENDAUTY CLERK08-27-02mm portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith 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 Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of August, 2002. - Mayor Evelyn M. Lord - SAAGENDMCITY CLERK\08-27-02.wPD 3 August 27,2002 Consider a request for a specific use permit to allow a dental office in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at the northeast corner of Phelan Boulevard at Mathews Lane City of Beaumont EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 27, 2002 AGENDA MEMO DATE: August 20, 2002 REQUESTED ACTION: Council consider a request for a specific use permit to allow a dental office in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at the northeast corner of Phelan Boulevard at Mathews Lane. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a dental office in an RM- H(Residential Multiple Family Dwelling-Highest Density)District at the northeast corner ofPhelan Boulevard at Mathews Lane,subject to correcting the deficiencies in the disabled parking stall layout. BACKGROUND William Nantz, D.D.S. wishes to construct a dental office at the northeast corner of Phelan Boulevard and Mathews Lane. The one-story building will be approximately 2,900 sq. ft. in area. This proposed dental office would complement other existing and proposed development along this stretch of Phelan Boulevard. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 19,2002,the Planning Commission voted 9:0 to approve a specific use permit to allow a dental office in an RM-H District at the northeast corner of Phelan Boulevard at Mathews Lane, subject to correcting the deficiencies in the disabled parking stall layout. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a dental office in an RM-H District at the northeast corner of Phelan Boulevard at Mathews Lane,subject to correcting the deficiencies in the disabled parking stall layout. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DENTAL OFFICE IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT THE NORTHEAST CORNER OF PHELAN BOULEVARD AT MATTHEWS LANE 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 William Nantz, D.D.S. to allow a dental office in an RM-H (Residential Multiple Family Dwelling-Highest Density)District located at the northeast corner of Phelan Boulevard at Matthews Lane, being Tract 96, Plat SP-6, C. Williams Survey, Abs. 59, City of Beaumont, Jefferson County, Texas, containing 0.69 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, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a dental office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at the northeast corner of Phelan Boulevard at Matthews Lane, being Tract 96, Plat SP-6, C. Williams Survey, Abs. 59, City of Beaumont, Jefferson County, Texas, containing 0.69 acres, more or less, as shown on SAAGENDA\CITY CLERK0&27-02.WPD Exhibit "A" attached hereto, is hereby granted to William Nantz, D.D.S., his legal representatives, successors and assigns, subject to the following condition: ► Correct the deficiencies in the disabled parking stall layout. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of August, 2002. - Mayor Evelyn M. Lord - S:\AGENDA\CITY CLERK\08-27-02.wPD L IRAr 1 ' /aQ FILE 1633-P: Request for a specific use permit to allow a dental office in an RM-H NORTH (Residential Multiple Family Dwelling-High Density) District. - �� Location: Northeast corner of]Phelan Boulevard at Matthews Lane Applicant: William Nantz SCALE 111=200' a# Sk 0 t RM . , • tl° isl la. al •rs TG1G7 her�J//'�yr��Yesr RD 7 w 70 b rR�RD. 6?�r(/ J I j , &6 of O'O r�p 4r .10 .� Sn iZE96 -tl-s it Jos PU 1/ w IW1. •'<' ' M ow Y a •10.1t-0 to 2 BLVD. '- _ t e e nl � H ♦.' a 3 sn.sr..t '� k qtr-r O-a►I JM-�-` � 'n F,Q ac F EXHIBIT "A" m F- aEVtslora m `(R./tnii L.JL - .I(Er1lt�+n.a. h•�µ fo..E X l y, A//937'y'L•1iL�o W LLArs��' 1Atar to o.f ` r� `-• '� -� I I C.eK SE E...e n pro, U) U • Ewsl w V E+tar. I I AM IAA M-1 A• G.w/CJ,Na Q W alt IN LL =- ` I�i• �'t' tf.f• �,+i.N<RCK /R,r It I ♦��s. -:r rte-. 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Tir./ ,AA,L Ii l►ctoaovoalarnrxAaata�m c: o-'b-" Ira.. -�....1.,.�f - tr-10-G1 4 August 27,2002 Consider a request for an amended specific use permit to allow revisions to building and parking layout and landscaping of an office building in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6380 Folsom .l Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 27, 2002 AGENDA MEMO DATE: August 20, 2002 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow revisions to building and parking layout and landscaping of an office building in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6380 Folsom. RECOMMENDATION The Administration recommends approval of a specific use permit to allow revisions to building and parking layout and landscaping of an office building in a GC-MD-2 District at 6380 Folsom. BACKGROUND Long Architects, Inc., the applicants for Dunleith Partners, Ltd., is submitting an amended specific use permit to allow revisions to the building and parking layout and landscaping plan for the new Script Care offices located at 6380 Folsom. A specific use permit was granted to Script Care in 2001. That approval waived the fencing requirement along the north,east and west property lines but did require a 30'wide planted landscape buffer to a point 30'behind the rear wall of the administration building on the east and west property lines and a 10' landscape buffer along the north property line. At the time of the original request, all of the property surrounding the subject tract was zoned A-R (Agricultural-Residential)District. Since that time,the properties to the north and west have been zoned RM-H and GC-MD-2, respectively. A redesign of the site plan has the building on the east half of the property and the parking on the west half. The original site plan had the building centered in the property with the parking in front. The applicant is now requesting a waiver of the 30'wide landscape buffers on the east and west sides of the property. Since the property to the west is zoned GC-MD-2, a landscape buffer is not now required. The property to the east is the DD#6 retention pond. To the north of the building will be a vast green area and an abundance of trees between the northernmost portion of the building and the northern property line. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 19, 2002,the Planning Commission voted 9:0 to approve an amended specific use permit to allow an office building in a GC-MD-2 District at 6380 Folsom with a waiver of the fencing requirement along the north, east and west property lines but did require a 30' wide planted landscape buffer to a point 30'behind the rear wall of the administration building on the east and west property lines and a 10'landscape buffer along the north property line. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for an amended specific use permit to allow an office building in a GC-MD- 2 District at 6380 Folsom with a waiver of the fencing requirement along the north, east and west property lines but did require a 30'wide planted landscape buffer to a point 30'behind the rear wall of the administration building on the east and west property lines and a 10' landscape buffer along the north property line. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE 01-038, TO ALLOW A WAIVER OF THE 30' WIDE LANDSCAPE BUFFERS ON THE EAST AND WEST SIDES OF THE PROPERTY LOCATED AT 6380 FOLSOM; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance No. 01-038 passed on May 22, 2001, by the City Council of the City of Beaumont issuing a special use permit to Jim Brown for Dunleith Partners, Ltd. to allow a 15,000 square foot office building in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District is hereby amended at the request of Long Architects, Inc., applicants for Dunleith Partners, Ltd., to waive the 30'wide landscape buffers on the east and west sides of the property. 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. S:AGENDAICITY CLERIM8-27-02.wPD Section 3. All ordinances or part of ordinances in conflict herewith 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. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of August, 2002. - Mayor Evelyn M. Lord - SAAGENDMCITY CLERK\08-27-02.waD •��- a IFILE 1632-P: Request for an ammeuded specific use permit to allow revisions to NORTH building, parking and landscaping layouts of an office building in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: 6308 Folsom SCALE _ Applicant: Long Architects,Inc. 111=800' e V � RS V � 1 \ c` ,- 4• — • ° t I Q 1 s V t \ • Y ARM-H S U BJ RM-H C-MD- FOLSOM R. SION BOYS ►+A Z N \ A R d• i I I Iu I� I T lI IS'-e•:I- T T ■ I I � O � W T r �• T i rn I� �6'-0• TALL e I TUBE STEEL i I FENCE O I � � I � I 900.1 S G-7'01105•W_PROPERTY LINE Z7 }�' FOLSS IOM /D�RII 'VE 'Approval requiring a 30'wide planted landscape buffer 1. AN=A BCAF I & L..Tll�l to a point 30'behind the rear wall of the administration SCALE I" = So' building on the east and west property lines and a 10' landscape buffer along the north property line. JRW NEW ADMINISTRATION Long Architects, Inc.PeL BUILDING ARCH. ; F Philip 8. Long. A.I.A. Z„�r ,,o, SCRIPT CARE, LTD. LE mo 6465 CoNer. St.. 206 Beeu.nent. Tx. 77704 BEAUMOW, TOMS (409) 666-3443 FAX (409) 666-3603 5 August 27, 2002 Consider a request for a specific use permit to allow commercial and professional office space in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) and RM-H (Residential Multiple Family Dwelling-Highest Density) District at the northeast corner of Phelan Boulevard and Shakespeare Drive 117E.JR!j City of Beaumont � 0L Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 27, 2002 AGENDA MEMO DATE: August 20, 2002 REQUESTED ACTION: Council consider a request for a specific use permit to allow commercial and professional office space in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) and RM-H (Residential Multiple Family Dwelling-Highest Density) District at the northeast corner of Phelan Boulevard and Shakespeare Drive. RECOMMENDATION The Administration recommends approval of a specific use permit to allow commercial and professional office space in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) and RM-H (Residential Multiple Family Dwelling-Highest Density) District at the northeast corner of Phelan Boulevard and Shakespeare Drive. BACKGROUND William Sayre, Jr. with the Stinson Design Group is requesting a specific use permit to allow construction of 24,116 sq. ft. of commercial/professional office space on a 2.23 acre tract at the northeast corner of Phelan Boulevard and Shakespeare Drive. The initial 19,500 sq. ft. of space will include three,one-story brick veneer buildings, connected by covered walkways. A future building of approximately 4,616 sq. ft. is also shown on the site plan. The buildings will house the offices for Universal Coin & Bullion, First Fidelity Reserve, 1" National Reserve and 1 S`American Reserve. This property was granted a specific use permit for a similar development in 1999. That proposal included 21,300 sq. ft. of office space in three buildings. That development was never built and the specific use permit has now expired. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 19,2002,the Planning Commission voted 9:0 to approve a specific use permit to allow commercial and professional office space in a GC-MD- 2 and RM-H District at the northeast corner of Phelan Boulevard and Shakespeare Drive with the stipulation that any detached sign shall be a monument type sign not exceeding 50 square feet in size and 15' in height. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow commercial and professional office space in a GC-MD-2 and RM-H District at the northeast corner of Phelan Boulevard and Shakespeare Drive with the stipulation that any detached sign shall be a monument type sign not exceeding 50 square feet in size and 15' in height. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMITTOALLOWA COMMERCIALAND PROFESSIONAL OFFICE SPACE IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2)AND RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT THE NORTHEAST CORNER OF PHELAN BOULEVARD AND SHAKESPEARE DRIVE 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 William Sayre, Jr. for the Stinson Design Group to allow a commercial and professional office space in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) and RM-H (Residential Multiple Family Dwelling-Highest Density) District located at the northeast corner of Phelan Boulevard and Shakespeare Drive, being Tracts 85, 86A and 178, Plat SP-6, C. Williams Survey, Abs. 59, City of Beaumont, Jefferson County, Texas, containing 2.23 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, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a commercial and professional office space in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) and RM-H (Residential S:WGENMCITY CLEM08-27-02mm Multiple Family Dwelling-Highest Density)District located at the northeast corner of Phelan Boulevard and Shakespeare Drive, being Tracts 85, 86A and 178, Plat SP-6, C. Williams Survey, Abs. 59, City of Beaumont, Jefferson County, Texas, containing 2.23 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to William Sayre, Jr. for the Stinson Design Group, their legal representatives, successors and assigns, subject to the following condition: ► Any detached sign shall be a monument type sign not exceeding 50 square feet in size and 15' in height. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of August, 2002. - Mayor Evelyn M. Lord - SAAGENDA4CITY CLERK)08-27-02MM 17 -w ij p GJ Ar I it w r0 Oi 000#4000 FILE 1630-P: Request for a specific use permit to allow commercial and professional NORTH office space in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District and RM-H (Residential Multiple Family Dwelling-High Density). Location: Northeast corner of Phelan Boulevard and Shakespeare Drive SCALE •`� Applicant: William S. Sayre,Jr. for,Stinson Design Group i"=200' to Ire •.. :.,•-.- a ��. , , , R M-G7 gas- PR rZMAN.,,, m iscr star RD Q ba or o'o PRAN RD. 10 SEA �. , •• M, ;.,:� •�. ....�'- AV- -° � JI .sue �� x � � tRS. .• LU _ t f j S a t c W ut qC IV ss PHELAN BLVD. Cr ; k AN sic e u a �o �• ` EXHIBIT "A" L.._.._.._..—.._.._.._.._.._.._.._.._........ _.._.._.._ SIW(ESPEARE DRIVE (60' R.O.W.) _.-.-. -..._-_. __It._-_-.-__.-_-___-._-.-.-- 17s' 10.Y[iP[.ORDER RECRAOE ROAD DITCH 34.-e• -0• 2S•-7 t3'-o' 1 ° PARKING: - - -�F- TOTAL PROPOSED BUILDING AREA 19.427 S.F. DMDED BY 300 S.F. PER PARKING SPACE YIELDS: REOUIRED PROPOSED FUTURE TOTAL SLAND b te' o' 2e'-t• REGULAR 62 92 19 111 ACCESSIBLE 3 5 1 5 to'-It'StDEN TOTAL 65 97 20 117 61I►ID 2'-e•- +so � i�•_°• LANDSCAPE ISLANDS 5 11 2 13 6.695 S.F. _ OFFICE DUIDIH° - t• 1-STORY -MRDPIX LFrFNn lo'-It 22' HIGH y PROPOSED ENTRANCE/EXIT i:P' �7LP. LIGHT POLE C ROOF U --- STORM DRAINAGE 8 Tl (jr • 6 SIQR-PROOF FENCE 14•-6•JILI.s, 0 O r I ty�gl VAN A�BII p 10•-0• 'w0 ��y yes 16'-0• L•�I/J09I71Peq �Gf 24'_81 J.��e s.F. °-O• °�- • tS'1AN06t�1►[ OFFICE _ e e • , •_ soRDO1 1 Iso x 16t ST TRASH 22' IRCH 2s'-1• le'-7• ENCLOSURE S'-°•°•-0' soEW" ISiJYp RDDF utE LNOSI/WE • 11 : '�) I •1 1I bl dARdR+cl � �-• °' O .-t.- .-�-t.-t -f F-�-�-�- --'_L 1 J�L 1 J_L 1 ITS• ovnewo ,� J r---- --- , ... swlDa -- --------------- -- j t��, 6•-0• DOC1f -t s•-r 4.616 s I 76 LANDSCAPE :.•-e' OFFICE 9LMJDNO slonwx I triLRDINo , eoROOI Isx 1-STORY 1 72' RON 1 .. 241-W L'-6 4*7 SLAM 21•-2 ISLAND *Approval with the stipulation that any detached sign shall be a monument -----------------------------------------------------------— — — type sign not exceeding 50 square feet in size and 15'in height. DRAINAGE DISTRI.T 16 DITCH M AMELIA CV-O/F X (00' R"W' ® SITE PLAN M M1 CU R0117N -� _ _ _ _ _ SPECIFIC USE PERMIT TRACT 85, 86A do 178 W 1 PLAT SP-6 C. WILLIAMS SURVEY, Ab-59 2.23 ACRES II D V '),. nn", 6 August 27, 2002 Consider a request for a specific use permit to allow the expansion of a gymnastics studio in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 7575 Highway 105 117EJR!J City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 27, 2002 AGENDA MEMO DATE: August 20, 2002 REQUESTED ACTION: Council consider a request for a specific use permit to allow the expansion of a gymnastics studio in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 7575 Highway 105. RECOMMENDATION The Administration recommends approval of a specific use permit to allow the expansion of a gymnastics studio in an RM-H District at 7575 Highway 105, subject to redesigning the proposed parking lot in order to eliminate one driveway on Tolivar Road, resulting in only two permanent driveways. BACKGROUND Marlon Quibodeaux, owner of Southern Star Gymnastics at 7595 Highway 105, wishes to buy the property immediately to the east of his property at 7575 Highway 105. He is proposing a three phase development plan for the property. In Phase 1,Mr.Quibodeaux wishes to use the home as a residence. In Phase 2,his 2 year goal is to use the south end of the property for more parking for the gymnastics studio. In Phase 3,his 5 year goal is to tear down the house and expand the gymnasium onto the subject property. Mr. Quibodeaux states that his business has grown to the point that he will need to expand in the near future. The adjacent property has become available for purchase. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 19,2002,the Planning Commission voted 9:0 to approve a specific use permit to allow the expansion of a gymnastics studio in an RM-H District at 7575 Highway 105, subject to only two driveways on Tolivar Road. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow the expansion of a gymnastics studio in an RM-H District at 7575 Highway 105, subject to only two driveways on Tolivar Road. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A GYMNASTICS STUDIO IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 7575 HIGHWAY 105 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 Marlon Quibodeaux, owner of Southern Star Gymnastics, to allow the expansion of a gymnastics studio in an RM-H (Residential Multiple Family Dwelling- Highest Density) District located at 7575 Highway 105, being Lot 11, Neches Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 0.75 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, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow the expansion of a gymnastics studio in an RM- H (Residential Multiple Family Dwelling-Highest Density) District located at 7575 Highway 105, being Lot 11, Neches Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 0.75 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby S:WGENDAICITY CLERK\08-27-02.WPD granted to Marlon Quibodeaux, owner of Southern Star Gymnastics, his legal representatives, successors and assigns, subject to the following condition: ■r Only two (2) driveways on Tolivar Road Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of August, 2002. - Mayor Evelyn M. Lord - S:WGENDA\CITY CLERK\08-27-02.WPD FILE 1628-P: Request for a specific use permit to allow the expansion of a gymnastics NORTH studio in an RM-H (Residential Multiple Family Dwelling -High Density) District. A Location: 7575 Highway 105 Applicant: Marlon Quibodeaux SCALE 111=200' t G-C - -MD .:.,� .: ;'•.. .'t7,.•• •``'>i�'.,. o::::G'tixFie::p %%'�'w2:r 24Yr�`.: �r••iti.:!?!?yKjSrdt+.:`..ti.:Ys.�r wxlN:':t M H • y, `•� ��'t"v> �.'H'�'•�{.��„ir:a�>•>S3Y - � � .Ja w°:.'a.c.t•?i:�•.;o•...%:u: xo-••, �: Y..�b-{s:�i�,..,..�.'1�11,-IY*�*" ?raw..: :.. ;:�•.�:-::;�>:: '' •�'• �"�:'�`"•:y,�;v. ;b i�a F•t. 'ta cc "j• twJ�r i07t t). HIGHWAY 105 ,ao - t O OL/NIR RD t TAM RD. :o / ..o roe 6- 60Sa x _a Eo �� S eo roe Ill.ro f $I t $ t „ 4� u 3i n•� 's ze b = n • n TALLPINE t Zb m o s � h , T � • ~ / V M b p N ! .l• lL CI 0 h' // . I .'* Jr _ Jv EXHIBIT "A„ 1♦yM{�Itr 1e� I I tti l 4 t 1 , I s I I 1 I I I 1 I I Soo,1 1 md" If f S 1 O I♦♦ 1 1 ♦ 1 I I W, I ♦� 1 1 1 EX/Srw*- I j-- >< +10.* 1 --- — ——— C 1� e.04 saw" 8 j I+LIi IRtR j 1 ev LO I •y 1 1 $ Na I I 1 { • � 1 I x 1 1 1 I b I 1 � 1 1 t l • Fillrws/ � 1 b 1 I➢F�Afa�1- � { iy6 1 I u 1 I J 1 = 1 1 ` I 1 I I I L OT {) f t \ t•r 11 r �O►��MSas j �� Care $Cato" � ftjrt$f /elrl►,dr - to'Abler 20m,- 2'TIC SOUtharn Star Gym 7•u♦MI( XD' Site Pion *Approval subject to only two driveways on Tolivar Road. EXHIBIT "B" 7 August 27,2002 Consider a request for a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1570 Roberts Avenue 117E-JR!J City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 27, 2002 AGENDA MEMO DATE: August 20, 2002 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1570 Roberts Avenue. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1570 Roberts Avenue, subject to a maximum capacity of 20 persons and a modification to the landscaping/screening requirements along the north, east and west property lines. BACKGROUND El Shaddai Church is currently operating a church at 1570 Roberts Avenue. Staff notified the church that a specific use permit was required. The non-denominational church has a membership of approximately 20 people. Meetings are held on Sundays, Wednesdays and Fridays. Landscaping exists along the east property line in the form of tallow trees, a 10' yard and a 4' tall chain link fence. The applicant is requesting a waiver of the landscaping/screening requirements along the north and west property lines. A 20'wide alley separates the subject property and the property to the north. On the property to the west, a building sits on the property line. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 19,2002,the Planning Commission voted 8:0 to approve a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 1570 Roberts Avenue, subject to a maximum capacity of 20 persons and a modification to the landscaping/screening requirements along the north,east and west property lines. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 1570 Roberts Avenue,subject to a maximum capacity of20 persons and a modification to the landscaping/screening requirements along the north, east and west property lines. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMITTO ALLOW A CHURCH IN AN RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 1570 ROBERTS 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 Earnestine Flowers, to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 1570 Roberts Avenue, being Lot 8, Block 62, Cartwright Addition, City of Beaumont, Jefferson County,Texas, containing 0.16 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, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 1570 Roberts Avenue, being Lot 8, Block 62, Cartwright Addition, City of Beaumont, Jefferson County, Texas, containing 0.16 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to S:WGENDAICITY CLERK08-27-02.wPD Earnestine Flowers, her legal representatives, successors and assigns, subject to the following conditions: Maximum capacity to be 20 persons Modification to the landscaping/screening requirements along the north,east and west property lines. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of August, 2002. - Mayor Evelyn M. Lord - S:WGENDMCITY CLERK\08-27-02.wPD .a ! ,r • F. ! �\ 1 1 • /! FILE 1627-P: Request for a specific use permit to allow a church in an RM-H NORTH _ r' (Residential Multiple Family Dwelling-High Density) District. _ Location: 1570 Roberts Ave. /! kpplicant: Earnestine Flowers SCALE 1"=200' — or .a ' � '� J • b r! ! l0 J o ev or z /�•n ,a �•., ` ° ii' vo Z rz :�z .J r :' rr B L VAR ` %0 BOLIVAR ST. 30; .. i x .a - i su Zt'J 3. 4 s_' s X =`2, - _ 30 JO!! - I a a 4 , t / < Ja N _ I I a so s „ L10 50 5 • 1 ' I 23 r Io 0 - 24,o •�/•/ /t t 3 .O C e` -01 50, r s CORLEY AVE. rn c yes i a • J t o gs . i . X� t �. a . a y B r j7 35 V) i I s i0 If I! CARTWR/GHr CARTWRIGHT AVE. so L so S U EUECT JI 0 0 _ � 5� 61 62 I i I,� ! r // /r, �• ! i ! •/o I, /r° y>• ! /o a /te >' � . s /o /I /�j �• r Rol ERr. �-30 w - ROBERTS AVE 0 ; �• � a � . J r I ; i i I LLJ 69 Q o 2oeE.PrJ PA'e O Q Q y B/ e i s r i �o � i u� s I � � ro � /I rr b ` � j i I ! /o �/ �t� � � • i v I I ion „ I I PRA'9/ } PRAIRIE AVE. 6 I i - I jai CG i I JO 50 �- J EXHIBIT "A" SURVEY LEGEND —E---E ELECTRIC LINE [= CONCRCP£ SURFACE ❑A.C. Alp CONDITIONING UNIT = _ _ = WOOD FENCE L• • , CRASS AREA ® COVERED AREA 0 P.P. POWER POLE CHAIN LINK FENCE —T—T-- TELEPHONE LINE 77 ROCK OR GRAVEL STREETLIGHT X-- BARBED WIRE FENC. CLIENT: r1_ SHADDAt CHURCH LOT 6 LOT 5 LOT 4 I N rFOUND 112' S 89059'10' E 49.91' IRON ROY (CALLED FAST 50.00') 11 WM. FOUND 112 ® 1�IRON ROD 5.88 .CONC SCALE: 1' 30' • 5.67 . • ` s' CHAIN LINK 6 FENCE ROCK • DRIVE• • r LOT 8` o r WOOD • - • C o BUILDING co ..o ON DIRT c a • L 0 T 7 McAu'B ' p ` . ` � LOT 9 cti oNC = :� L :RSO .w c ONE STORY o 8 WOOD • Eli c. ` RESIDENCE ;ro ON PIERS h �-Z EXISTING TALLOW TREES 'C ALONG FENCE LINE Q'.0' • LAVE NT - 11.0' ps TOP OF ROOF - 0` 16' =s"NO sr Z ' �ON BLDG 16.11 CO DI WHEELCHAIR •� CO C RAMP (WOOD) I WEST 49.90' — . - ` . .., • ` IRON PIPE (CALLED WEST 50.00') - FOUND 5 18'-' CONC WALK IRON PIPE TOP OF DITCH rrlmllc 6• DR1►arr DCE OF ASPHALT 1 Approval subject to a maximum capacity of 20 persons and a modification to the landscaping/ 1570 ROBERTS AVENUE screening requirements along the north,east and (60' R.O.W.) west property lines. NOTES. I. PARKING REQUIREMENTS 5 SPACES (1 HC SPACE) FAUST 2. FRONT AND BACK NTRACNC SHOWN ARE EXTERIOR LIAF 3.EXISTINC LANDSCAPING SCREENING EXISTS ALONG THE EAST LINE OF THE PROPERTY � 4. HANDICAP RAMP EXISTS ON THE SOUTH SIDE OF THE BUILDING ENGINEERING AND SUR Y L.L �+vT iNG, INC. 5. IRRIGATION WILL BE BY HOSE BIBB (1 050 SOFT BLDG) 6" EXTERIOR LIGHTING IS ATTACHED TO THE REAR AND FRONT OF 2525 Calder Street THE STRUCTURE Beau7nont. Texas 77702 7 DRAINAGE WILL BE TO THE DITCH LOCATED 141 THE -IOB£P.T- (409) 813-3410 Fax (409) 813-3484 ROW EXHIBIT "B" 8 August 27,2002 Consider a request to abandon the west 20' x 150' of the alley in Block 4, Jarrett Addition City of Beaumont EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 27, 2002 AGENDA MEMO DATE: August 20, 2002 REQUESTED ACTION: Council consider a request to abandon the west 20'x 150'of the alley in Block 4, Jarrett Addition. RECOMMENDATION The Administration recommends approval of the request to abandon the west 20'x 150'of the alley in Block 4, Jarrett Addition, subject to the retention of a 20' utility easement or move the existing utilities at the church's expense. BACKGROUND St. Michael Orthodox Church wants to abandon the west 20' x 150' of the alley to prevent traffic access. The church owns the parking lot to the south of the sanctuary. They would like to install a new entrance on the south side of the church to provide safer access to the parking lot. The request was sent to all interested parties. Southwestern Bell,Time Warner Cable,Entergy and City of Beaumont Water Utilities have utilities in the alley. They did not object subject to the retention of a utility easement or moving the existing utilities at the church's expense. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held August 19, 2002, the Planning Commission voted 7:0 to approve the abandonment of the west 20'x 150'of the alley in Block 4,Jarrett Addition, subject to the retention of a 20' utility easement or move the existing utilities at the church's expense. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to abandon the west 20' x 150' of the alley in Block 4, Jarrett Addition, subject to the retention of a 20'utility easement or move the existing utilities at the church's expense. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING THE WEST 20' X 150' OF THE ALLEY IN BLOCK 4, JARRETT ADDITION SUBJECT TO RETAINING THE NECESSARY UTILITY EASEMENTS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the west 20' x 150' of the alley in Block 4, Jarrett Addition, City of Beaumont, Jefferson County, Texas, containing 0.068 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same is hereby vacated and abandoned subject to the retention of a 20' utility easement or move the existing utilities at St. Michael Orthodox Church's expense. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of August, 2002. - Mayor Evelyn M. Lord - SAAGENDAZITY CLERK\M27-02.WPD FILE 632-OB: Request to abandon the west 20' z 150' of the alley in Block 4,Jarrett NORTH Addition. At North St. @ 15"'St. Applicant: David Welborn for Saint Michael Orthodox Church SCALE 1"=2001 " I -``Ywr r a [nt�S AtaWTN �M! Amij4WS - �Vl_- Sam+ L.wf f/ •O .TJV , , t MORTH � I NORTH ST. ZV 28'Gt7 Ar o U•BJECT • W /t9 •s N rf.tvr N AM If W60 ! 1r Al!N M•o Spar ergs rim • •�� MCFADDNN AVE 4 Z 34ffr t off V 1 I f ! s • s J , I �1• • r I 1'f. s�t , I.- p �xs st. ti • Z !3 F IV, 1 Is so R /s• to ED V a ts /s Ni/!I/♦./rim a arr,ra7I s• PL.4 CALDER AVE i , i 6V ado Gli !! t s • s e I t i 1 2i 6I LB Ef PARK 10 imp of tt r t/ ton' R R R�at' O160na'Oif F,�'W /Ni�3ou�i F `� EXHIBIT "A" 9 August 27, 2002 Consider a request to abandon a 10' general utility easement out of Lots 1-3, Heather and Corey Place Addition 76~1 City of Beaumont qw- � � Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 27, 2002 AGENDA MEMO DATE: August 20, 2002 REQUESTED ACTION: Council consider a request to abandon a 10' general utility easement out of Lots 1-3, Heather and Corey Place Addition. RECOMMENDATION The Administration recommends approval of the request to abandon a 10' general utility easement out of Lots 1-3, Heather and Corey Place Addition. BACKGROUND Lloyd Guillory, owner of the subject property at 2155 Glendale, wishes to abandon this general utility easement so that he can move his fence over in order to build a shed in his backyard. It will also enable him to access his rear yard without having to drive through his front yard. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held August 19, 2002, the Planning Commission voted 7:0 to approve the abandonment of a 10' general utility easement out of Lots 1-3, Heather and Corey Addition. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to abandon a 10'general utility easement out of Lots 1-3,Heather and Corey Place Addition. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 10' GENERAL UTILITY EASEMENT OUT OF LOTS 1 - 3, HEATHER AND COREY PLACE ADDITION IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Lloyd Guillory has requested the City to abandon a 10' general utility easement located at 2155 Glendale in order to move his fence to build a shed in his backyard and enable him to access his rear yard without having to drive through his front yard; and, WHEREAS, the Council believes it is in the best interest of the City of Beaumont to abandon the 10' general utility easement located at 2155 Glendale NOW THEREFORE BE IT ORDAINED: THAT the 10' general utility easement out of Lots 1 -3, Heather and Corey Place Addition, as described below and on Exhibit "A" attached hereto is hereby abandoned. Being a 0.0237 acre (1032.08 sq. ft.) of land out of and a part of Lots 1, 2 and 3, Heather and Corey Place, City of Beaumont, as recorded in Volume 16, Page 44, Map Records, Jefferson County, Texas; being part of a 10' utility easement as shown on plat affecting Lots 1, 2 and 3, Heather and Corey Place; said 0.0237 acre tract being more fully described by metes and bounds as follows to wit; COMMENCING at a '/" steel rod found on a previous survey dated June 18, 2002, Soutex Surveyors, Inc. for the northeast corner of said Lot 1, said o" steel rod being on the southerly right-of-way line of a dedicated road named Washington Boulevard; THENCE South 00 deg., 01 min., 12 sec., west, on the east line of said Lot 1, a distance of 139.79' to a point for corner being the POINT OF BEGINNING and the northeast corner of the herein described tract; &AGENDAZITY CLERK108-27-02.wPD THENCE South 00 deg., 01 min., 12 sec., west, continuing on the east line of said Lot 1, a distance of 5.00' passing the common corner of said Lots 1 and 3 and containing for a total distance of 10.00' to a point for corner being the southeast corner of the herein described tract; THENCE West, a distance of 103.21' to the point for comer, being the southwest corner of the herein described tract; THENCE North, a distance of 5.00' passing the common line of said Lots 2 and 3, and continuing for a total distance of 10.00' to a point for corner being the Northwest corner of the herein described tract; THENCE East, a distance of 3.20' passing the common line of said Lots 1 and 2, and continuing for a total distance of 103.21' to the POINT OF BEGINNING and containing 0.0237 (1023.08 sq. ft.) acre of land more or less. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of August, 2002. - Mayor Evelyn M. Lord - S:WGENDMCITY CLERKV08-27-02.wPD r FILE 634-OB: Request to abandon a 10' easement out of Lots 1-3 Heather& Corey NORTH l Place Addition. - Location: Washington Avenue& Glendale Ave. Applicant: Lloyd J. Guillory SCALE N.T.S. B a 9 ' /2 16 M �► �QSh/NG 18 w N LO /Oft,8. 19 j 20 @2 LLI I W Q �� J v 75 50' 125 75 78 Z W 141 . 5' Ifol. S' Z Q W O J 0 21 0 -j 0 C a N 1 4- 1 . 5 ' �,; CC >I(vi. 5' .r � a LU d 22 �'— V LIZ o Q N O h 0 -� Q r 0 N , 19q, 11 0 23 o -- 303 ? EXHIBIT "A" 10 August 27,2002 Consider a request to abandon a 25'wide utility easement in Milam Street between IH-10 and Hillebrandt Bayou Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 27, 2002 AGENDA MEMO DATE: August 20, 2002 REQUESTED ACTION: Council consider a request to abandon a 25'wide utility easement in Milam Street between IH-10 and Hillebrandt Bayou. RECOMMENDATION The Administration recommends approval of the request to abandon a 25'wide utility easement in Milam Street between IH-10 and Hillebrandt Bayou. BACKGROUND On March 5, 2002,the City Council approved the abandonment of that portion of Milam Street west of IH-10 and Hillebrandt Bayou. This abandonment was done at the request of Iron Horse Enterprises. The City retained a 60'wide utility easement. It is now the desire of Iron Horse Enterprises to abandon the middle 25' of this utility easement. BUDGETARYIMPACT None. PREVIOUS ACTION At a Regular Meeting held August 19, 2002, the Planning Commission voted 7:0 to approve the abandonment of a 25'wide utility easement in Milam Street between IH-10 and Hillebrandt Bayou. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to abandon a 25'wide utility easement in Milam Street between 11-1-10 and Hillebrandt Bayou. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A UTILITY EASEMENT RETAINED AFTER ABANDONMENT OF THAT PORTION OF MILAM STREET WEST OF IH-10 AND HILLEBRANDT BAYOU IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, a 60' wide utility easement in Milam Street west of IH-10 and Hillebrandt Bayou, was retained by the City Council of the City of Beaumont by Ordinance No. 02-015 on March 5, 2002; and, WHEREAS, Iron Horse Enterprises requests to abandon the middle 25' of this 60'wide utility easement in Milam Street west of IH-10 and Hillebrandt Bayou. NOW THEREFORE BE IT ORDAINED: THAT the middle 25' of the 60' wide utility easement in Milam Street west of IH-10 and Hillebrandt Bayou in Beaumont, Jefferson County, Texas as described below and on Exhibit "A" attached hereto is hereby abandoned: Being a 0.182 acre tract of land lying in the David Brown League, Abstract No. 5 in Jefferson County, Texas, being out of and a portion of the Columbus Cartwright Subdivision No. 1 of record in Volume 1 on Page 112 of the Map Records of Jefferson County, Texas, and being out of and a portion of the abandoned Milam Street as described in Ordinance No. 02-015 of record in the City Clerk's Office of Beaumont, Texas, said 0.182 acre tract being more particularly described by metes and bounds as follows: COMMENCING at the intersection of the south right-of-way line of said Milam Street and the west right-of-way line Interstate Highway No. 10 (a 300' dedicated roadway), said intersection also being the SAAGENDMCITY CLERK108-27-02.wPD northeast corner of that certain 0.610 acre tract of land described in an instrument to Iron Horse Enterprises, L. P. (Hogg House)of record in County Clerk's File No. 2001032344 of the Real Property Records of Jefferson County, Texas; THENCE N 000 36' 34"W., with the west right-of-way line of the said Interstate Highway No. 10 and the east right-of-way line of said Milam Street for a distance of 20.00'to the southeast corner and POINT OF BEGINNING of the herein described tract; THENCE S 890 51' 39" W., parallel to the south right-of-way line of said Milam Street for a distance of 179.84' to an angle point in the south line of the herein described tract; THENCE S 890 46' 16" W., parallel to the south right-of-way line of said Milam Street for a distance of 132.84' to a point in the northeast right-of-way line of Hillebrandt Bayou, Jefferson County Drainage District No. 6(150 R.O.W.), a point in the west right-of-way line of the said Milam Street and being the southwest corner of the herein described tract; THENCE N 160 55' 39" W. with the east line of the said Hillebrandt Bayou, the west line of the said Milam Street and being the west line of the herein described tract for a distance of 26.33' to a point in the east line of the said Hillebrandt Bayou, a point in the west line of the said Milam Street and being the northwest corner of the herein described tract; THENCE N 890 51' 43" E. parallel to the north line of the said Milam Street and being the north line of the herein described tract for a distance of 320.09' to a point in the west line of the said Interstate Highway No. 10, a point in the east line of the said Milam Street and being the northeast corner of the herein described tract; THENCE S 000 36' 34" E., with the west line of the said Interstate Highway No. 10, the east line of the said Milam Street and being the east line of the herein described tract for a distance of 25.00' to the POINT OF BEGINNING and containing in area 0.182 acres (7.924 square feet) of land, more or less. SAAGENDAICITY CLEM08-27-02.waD 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. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of August, 2002. - Mayor Evelyn M. Lord - S:WGENDMCITY CLERK108-27-02mm FILE 635-OB: Request to abandon a 25'wide utility easement. NORTH If Location: 15' north of and 10' south of the centerline of the abandoned portion of A Milam St. west of IH-10 and east of Hillebrandt Bayou. Applicant: Carroll& Blackman,Inc. for Iron Horse Enterprises SCALE 1"=200' Of 4 Q` 90' 0 '. 24 o - — 25 p' v h o TQ I T, l °` iM.0 ( 5r 7 483. 37. 86 i 4, 1 7a 70' FR(- 22 C NW. Pis • - 3.3�1 c �9 w S �1C.. • 1 - qo�I •soo � __ _ � • , 23 COWBOY Z �ZB�' r`I,•r , 'r : o HARLEY 5W. P( .'3 2.0300 -•� - 3 l 30000 -2 2 500-9 BJ ECT W 02-00SDO-207')0 5 70. Q .. � 1�2. Ls•. ' �cJp, 0 �inlo EXHIBIT "A" 11 August 27,2002 Consider adopting the Parks, Recreation and Open Space Plan Element of the Comprehensive Plan Ci ty of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 27, 2002 AGENDA MEMO DATE: August 20, 2002 REQUESTED ACTION: Council consider a request for the re-adoption ofthe Parks, Recreation and Open Space Plan Element of the Comprehensive Plan. RECOMMENDATION The Administration recommends approval of the re-adoption of the Parks, Recreation and Open Space Plan Element of the Comprehensive Plan. BACKGROUND The re-adoption of the Parks,Recreation,&Open Space Plan Element was last approved on August 29,2000. Its re-adoption is being requested in order to maintain the two year re-adoption schedule required by the plan and City Charter. The text has been modified only to update the document to reflect changes that have occurred over the past two years. For example, information on changes to the facility descriptions and the implementation sections where the listing of projects,the costs of the projects, and their time-lines for short-term improvements had to be changed. No changes were made to the goals, objectives, policies, or proposal sections. The staff has made only these minimum type changes because a completely new plan is being prepared for review and re-adoption in early Fall of 2003. That new plan will have Census 2000 data, much of which comes out this Fall. Once adopted, the 2003 Plan will be submitted to the National Park Service for approval so that Beaumont can remain eligible for Federal UPARR grants. The document will also be submitted to the Texas Parks and Wildlife Department for their review and approval. The new document is being prepared consistent with the grant program requirements of the state and the National Park Service. One document,the 2003 Plan,is being prepared to take the place of two current documents; the Parks, Recreation, & Open Space Plan and our UPARR Recreation Program Recovery Action Plan (RAP). BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held August 19,2002,the Planning Commission voted 9:0 to approve the re-adoption of the Parks, Recreation and Open Space Plan Element of the Comprehensive Plan. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for the re-adoption of the Parks,Recreation and Open Space Plan Element of the Comprehensive Plan. 12 August 27,2002 Consider approval of an annual contract for container and solid waste collections City of Beaumont .l !.. Council Agenda Item 'M FT-4,709MAW4.MT K,TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 27, 2002 AGENDA MEMO DATE: August 21, 2002 REQUESTED ACTION: Council consideration of an annual contract for container and solid waste collections. RECOMMENDATION Administration recommends awarding an annual contract to Waste Management of Beaumont, Texas for container and solid waste collection services in the estimated monthly amount of $3,697.72. BACKGROUND Refuse container and collection services are required at twenty-nine(29)sites throughout the City. The size of refuse containers required at each location range in size from two (2) to ten (10) cubic yards and the collection frequency rates range from one (1) to four (4) times per week. Bid specifications stated the size of containers currently used and the frequency of collections currently required by the City. The specifications allow the City to add or delete containers and change locations or container sizes as needed. The award of the bid is based on the number of containers and locations currently being serviced. The following bids were received: VENDOR MONTHLY COST Waste Management, Beaumont, TX $ 3,697.72 Browning-Ferris, Inc., Nederland, TX $ 4,329.10 The monthly cost of last year's contract with Waste Management was $3,269. Annual Contract for Container and Solid Waste Collection August 21, 2002 Page 2 BUDGETARY IMPACT Funds are available in various operating budgets. The estimated annual expenditure is $44,372.64. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Central Services Director. RECOMMENDED MOTION: Approve/Deny an annual contract to Waste Management ofBeaumont,Texas for container and solid waste collection services for the unit prices shown on the attached tabulation. Annual Contract for Container and Solid Waste Collection August 21, 2002 Page 3 BID TABULATION - UNIT PRICES: WASTE MANAGEMENT, BEAUMONT,TX 1 Time 2 Times 3 Times 4 Times 5 Times 6 Times CONTAINER SIZE Per Week Per Week Per Week Per Week Per Week Per Week 2 CUBIC YARDS $12.12 $24.24 $36.37 $48.49 $60.62 $72.74 4 CUBIC YARDS $24.24 $48.49 $72.74 $96.99 $121.24 $145.48 6 CUBIC YARDS $36.37 $72.74 $109.11 $145.48 $181.86 $218.23 8 CUBIC YARDS $48.49 $96.99 $145.48 $193.98 $242.48 $290.97 10 CUBIC YARDS $60.62 $121.24 $181.86 $24148 1 $303.10 $363.72 BROWNING-FERRIS NEDERLAND,TX 1 Time 2 Times 3 Times 4 Times 5 Times 6 Times CONTAINER SIZE Per Week Per Week Per Week Per Week Per Week Per Week 2 CUBIC YARDS $24.26 $64.26 $98.52 $132.78 $167.04 $201.30 4 CUBIC YARDS $42.28 $80.02 $122.30 $164.58 $206.86 $249.14 6 CUBIC YARDS $50.38 $95.42 $140.45 $190.83 $241.21 $280.90 8 CUBIC YARDS $55.58 $111.16 $163.49 $219.07 $274.65 $333.49 10 CUBIC YARDS $66.56 $126.18 $185.79 $263.59 $341.39 $419.19 Annual Contract for Container and Solid Waste Collection August 21, 2002 Page 4 BID TABULATION - CURRENT PLACEMENT PRICES: LOCATION SIZE QTY PICK-UPS BFI WASTE (CU.YD.) PER WEEK MNGT City Hall 10 1 3 $185.79 $181.86 Building Services 10 1 1 $66.56 $60.62 Municipal Court 6 1 1 $50.38 $36.37 Art Museum 4 1 2 $80.02 $48.49 Best Years Center 10 1 1 $66.56 $60.62 Zaharias Park 8 2 2 $222.32 $193.98 Coliseum 6 2 3 $280.90 $218.22 Fair Grounds 10 2 2 $252.36 $242.48 Civic Center 10 3 4 $790.77 $727.44 Harvest Club 10 1 4 $263.59 $242.48 Athletic Complex 6 4 1 $201.52 $145.48 Tennis Center 6 1 1 $50.38 $36.37 Collier's Ferry Park 10 1 2 $126.18 $121.24 Imagination Station 8 l 2 $111.16 $96.99 Pruitt Activity Center 10 1 1 $66.56 $60.62 Tyrrell Park 8 3 2 $333.48 $290.97 Ro crs Park 8 1 2 $111.16 $96.99 Parks Admin Bldg 4 1 1 $42.28 $24.24 Parks O er Center 10 1 1 $66.56 $60.62 Alice Keith Park 6 1 2 $95.42 $72.74 Sprott Park 6 1 2 $95.42 $72.74 Fire Admin Bldg 4 1 1 $42.28 $24.24 Fire Station#1 4 1 1 $42.28 $24.24 Fire Training 10 2 1 $133.12 $121.24 Health Dept 10 2 1 $133.12 $121.24 Police Dept 8 1 3 $163.49 $145.48 Fleet Management 4 1 2 $80.02 $48.49 Fleet Management 2 1 2 $64.26 $24.24 Water Cust Svc 8 1 2 $111.16 $96.99 TOTAL MONTHLY: $4,329.10 $3,697.72 TOTAL YEARLY: $51,949.20 $44,372.64 L City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 27, 2002 1:30 P.M. CONSENT AGENDA a` Approval of minutes Confirmation of committee appointments John Johnson would be reappointed to the Small Business Revolving Loan Fund Advisory Committee. The term will expire June 22, 2004. (Councilmember Becky Ames) Gene Arnold would be reappointed to the Small Business Revolving Loan Fund Advisory Committee. The term will expire July 22, 2004. A) Approve mutual aid agreements between the City of Beaumont and the cities of Port Neches, Bevil Oaks, China and Nome Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Michel G. Bertrand, Fire Chief, EMC MEETING DATE: August 27, 2002 AGENDA MEMO DATE: August 16, 2002 REQUESTED ACTION: Council approval of a mutual aid agreements between the City of Beaumont and Cities of Pt. Neches, Bevil Oaks, China and Nome, initiating a contract to provide mutual aid assistance. RECOMMENDATION: Council consideration to authorize the Mayor to sign an agreement for providing mutual aid as may be requested by The Cities of Pt. Neches, Bevil Oaks, China and Nome for emergency conditions as defined by the Texas Disaster Act of 1975. BACKGROUND: Congress, in November 2000,updated and replaced many sections of the Stafford Act(Emergency Management Act) with the Disaster Mitigation and Recovery Act. One of the requirements was to have in place, signed mutual aid agreements between political subdivisions. This is to insure that if mutual aid assistance is provided to another jurisdiction, and there is a Public Assistance Declaration, both entities (assisting jurisdiction, and the affected jurisdiction) are eligible for full reimbursement for services performed. Failure to have these agreements executed prior to the event will negate any reimbursement for the affected or responding jurisdiction. The guidance offered is that the respective county should have signed agreements with all of the incorporated cities within the county,and each incorporated city within the respective county should likewise have agreements executed. These mutual aid agreements will be forwarded to the respective Cities for approval by their City Governments. BUDGETARY IMPACT: None. PREVIOUS ACTION: None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Fire Chief/Emergency Management Coordinator. RECOMMENDED MOTION: Approve/deny authorization for the Mayor to enter into an agreement for providing mutual aid as may be requested by the Cities of Pt. Neches, Bevil Oaks, China, and Nome. MUTUAL AID AGREEMENT CONFIGURATION �- .�s { �.,. gae. .,E h.e r 8 Y � $�•• €E4 E�� titl4ta E P w$ZI � '� Y �„ 43rhkEvt a H a,W - � aBAE S E& MUTUAL AID AGREEMENT The contracting cities and counties solemnly agree: SECTION 1. PURPOSE The purpose of this agreement is to provide mutual aid among the cities and counties in meeting any emergency or disaster from enemy attack or other cause, natural or otherwise. This agreement is made pursuant to the Interlocal Cooperation Act, Vernon's Texas Civil Statutes, Chapter 7-91 Government Code; and Vernon's Texas Codes Annotated, Government Code Chapter 418, commonly referred to as the Texas Disaster Act of 1975. This agreement recognizes that the prompt,full and effective utilization of the resources of the respective cities and counties is essential to the safety, care and welfare of the people thereof in the event of a major emergency or disaster. The Directors or Coordinators of Emergency Management of all party cities and counties shall constitute a committee to formulate plans to take all necessary steps for the implementation of this agreement. Such planning shall incorporate the use of resources, including personnel, equipment, and supplies necessary to provide mutual aid. SECTION 2. RESPONSIBILITIES It shall be the duty of each party city or county to formulate emergency management plans and programs for application within such city or county. There shall be frequent consultation between the representatives of the cities and counties with the State of Texas and the free exchange of information and services. In carrying out such emergency management plans and programs, the party cities and counties shall, so far as possible, provide and follow uniform standards,practices and rules and regulations including: (a) Warnings and signals for exercises or disasters and the mechanical devices to be used in connection therewith; (b) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services; (c) Selection of all materials or equipment used or to be used for emergency management purposes to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party City or County; (d) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during, and subsequent to exercises or disaster; (e) The safety of public meetings or gatherings; Any party city or county requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this agreement in accordance with the terms hereof; provided that it is understood that the city or county rendering aid may withhold resources to the extent necessary to provide reasonable protection for such city or county. Each party city or county while operating within its city or county limits under the terms and conditions of this agreement,the same powers (except that of arrest unless specifically authorized by the receiving city or county), duties, rights, privileges and immunities as if they were performing their duties in the city or county in which normally employed or rendering services. Emergency management forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency management authorities of the city or county receiving assistance. All requests for mutual aid under this agreement shall be made through the State Disaster District organization and that organization will serve as a channel through which outside aid will be dispatched. SECTION 3. LIABILITY No party city or county or its officers or employees rendering aid in another city or county pursuant to this agreement shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith. SECTION 4. SUPPLEMENTARY AGREEMENTS Inasmuch as it is probable that the pattern and detail of the arrangements for mutual aid among two (2) or more cities or counties may differ from that appropriate among other cities or counties party hereto,this instrument contains elements of a broad base common to all cities and counties, and nothing herein contained shall preclude any city or county from entering into supplementary agreements with another city or county or cities or counties. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical care,fire, police, public utility, reconnaissance,welfare, transportation and communications personnel, equipment and supplies. SECTION 5. COMPENSATION Each party city or county shall provide for the payment of compensation and death benefits to injured members of the emergency management forces of that city Qr county and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this agreement, in the same manner and on the same terms as if the injury or death were sustained within such city or county. SECTION 6. FINANCE Any party city or county rendering aid in another city or county pursuant to this agreement shall be reimbursed by the party city or county receiving such aid for any loss or damage to,or expenses incurred in the operation of any equipment answering a request for aid, and for the cost incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided that any aiding party city or county may assume in whole or in part such loss damage expense, or other cost, and provided further that any two (2) or more party cities or counties may enter into supplementary agreements establishing a different allocation of costs as among those cities or counties. SECTION 7. SEVERABILITY This agreement shall continue in force and remain binding on each party city and county until the City Council or Commissioners' Court of such party city or county takes action to withdraw therefrom. Such action shall not be effective until 90 days after notice thereof has been sent by the Emergency Management Director of the party city or county desiring to withdraw to the Emergency Management Director of all other party cities or counties. This agreement shall be construed to effectuate the purpose stated in Section 1, hereof. If any provision of this agreement is declared unconstitutional,or the applicability thereof to any persons or circumstances is held invalid, the constitutionality of the remainder of the agreement and the applicability thereof to other persons and circumstances shall not be affected thereby. SECTION 8. APPLICABILITY This agreement shall become operative immediately upon its approval by any city or county as between it and any other city or county or cities or counties so ratifying. Duly authenticated copies of this agreement and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party cities and counties and with the division of Emergency Management and other appropriate agencies of the State of Texas. This agreement shall become binding and obligatory when it shall have been signed by the Mayor and/or County Judge of the respective cities and counties enumerated in this agreement; when it shall have been approved by the City Council and/or Commissioners' Court of each city or county. Mayor Mayor City of Nome City of Beaumont Date Date