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HomeMy WebLinkAboutPACKET APR 27 2010 SICS WITS OPPORTUNITY BEAUMON* T - E - % - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 27,2010 1:30 P.M. CONSENT AGENDA * Approval of minutes Confirmation of committee appointments A) Authorize the City Manager to submit an application to the Texas Department of Transportation for temporary use of State of Texas right-of-way for the Gusher Marathon B) Approve the purchase of two sports utility vehicles and one crew cab pickup for use by the Southeast Texas Auto Theft Task Force C) Approve a resolution denying the request from the International Association of Firefighters, Local 399,to approve the accumulation of vacation leave from year to year for firefighters D) Approve a contract for Hotel Occupancy Tax compliance review services E) Authorize The Parker Law Firm to do all things necessary,including filing notice of appeal and appealing an adverse judgment from the 60'District Court of Jefferson County, Texas,in the lawsuit styled No. B-185,387; The City of Beaumont, Tx v. James Mathews. A RICH WITH OPPORTUNITY BEAUMON* T # I a X a A a 6 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 27, 2010 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to submit an application to the Texas Department of Transportation for temporary use of State of Texas right-of- way for the Gusher Marathon. RECOMMENDATION Administration recommends the City Council to authorize the City Manager to submit an application for temporary use of State of Texas right-of-way for the Gusher Marathon. BACKGROUND The Gusher Marathon is planned for May 1, 2010 and will require full road closures along much of the route. Portions of the marathon route are located within the Texas Department of Transportation's roadway system. If approved,the application will allow the City of Beaumont to close state roadways for the purpose of the marathon. The resolution will state that the roadways will be closed to serve public interest and deem the City of Beaumont responsible for any damages or accidents that may occur and hold harmless TxDOT and the State of Texas. BUDGETARYIMPACT The application will have no budgetary impact. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized submit an application to the Texas Department of Transportation for temporary use of State of Texas right-of-way for the Gusher Marathon planned for May 1, 2010. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of April, 2010. - Mayor Becky Ames - B RICH WITH OPPORTUNITY BEAUMON* T • Z • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: April 27, 2010 REQUESTED ACTION: Council consider approving the purchase of two (2) sports utility vehicles and one(1)crew cab pickup for use by the Southeast Texas Auto Theft Task Force(ATTF). RECOMMENDATION The administration recommends approval of the purchase from Caldwell Country Chevrolet, of Caldwell, Texas in the amount of$73,492.57. BACKGROUND Pricing for this purchase is obtained through State of Texas Multiple Awards Schedule(TXMAS) Contracts,which adapt existing competitively awarded government contracts to the needs of state agencies and local government entities. TXMAS complies with all State of Texas procurement statutes. The three vehicles to be purchased will replace models ranging from 2003 to 2006. All three vehicles have in excess of 80,000 miles. Two of the old vehicles will be disposed of according to the City's surplus property policies and the proceeds used to augment ATTF program income. The third vehicle will be utilized within the program in a different capacity. The basic warranty provided is three(3)years or 36,000 miles. Warranty service is available from authorized local dealers. Delivery is estimated at ninety(90)days. BUDGETARY IMPACT Funds are available through a Texas Automobile Burglary and Theft Prevention Authority supplemental grant in the amount of$56,710. Acceptance of the supplemental funds was approved by Council on February 16, 2010, Resolution No. 10-040. The balance of$16,782.57 is available from ATTF program income. 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 approve the purchase of two (2) sports utility vehicles and one (1) crew cab pickup from Caldwell Country Chevrolet of Caldwell, Texas, in the amount of$73,492.57 through the State of Texas Multiple Awards Schedule Contracts for use by the Southeast Texas Auto Theft Task Force. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of April, 2010. - Mayor Becky Ames - C RICH WITH OPPORTUNITY BEA,11M"GN* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager AC PREPARED BY: Tyrone E. Cooper, City Attorne MEETING DATE: April 27, 2010 REQUESTED ACTION: Consider a resolution denying the request to approve the accumulation of vacation leave from year to year. RECOMMENDATION Administration recommends denial of the request to carry over vacation leave from one year to a subsequent year. BACKGROUND The International Association of Firefighters, Local 399, on behalf of Firefighters James Landrum and Frank Neal, has requested the Council to consider the carry over of vacation leave from one year to a subsequent year. These two firefighters were, at one time, out on workers' compensation due to on-the-job injuries. Employees injured on the job receive full compensation while they are out on workers' compensation. James Landrum's previously earned vacation time was lost and not carried over while he was out on injury leave. Mr. Landrum retired from the fire service on October 31, 2009. Frank Neal was taken off workers' compensation and allowed to take vacation leave rather than lose it during the time of his injury leave. Neal wants restored the vacation time he has previously taken and be allowed to carry it over to a subsequent year to be used once he is released from his medical leave. The Collective Bargaining Agreement between the City and the 1AFF Local 399 does not make an exception for the carryover of vacation leave. The Agreement at Article XIII, Section 2, states, in part: "All vacation time earned in a calendar year must be taken in the following calendar year." The Texas Local Government Code, at Section 143.046(c), gives to the City Council the ability to approve the accumulation of vacation leave from year to year for firefighters and police officers. In light of the fact that employees injured on the job receive full compensation and continue to accrue leave while on workers' compensation, the Administration is of the opinion that the carryover of vacation time is not merited. The Administration would recommend the denial of the request. RESOLUTION NO. WHEREAS, the City of Beaumont and the International Association of Firefighters, Local 399 (hereinafter "IAFF 399"), entered into a Collective Bargaining Agreement effective February 13, 2008; and WHEREAS, Article XIII, Section 2, addresses vacation leave, how it is earned and how it is to be scheduled and taken; and WHEREAS, the Collective Bargaining Agreement, Article XIII, Section 2, does not allow exceptions as to the absolute no vacation carryover provision; and WHEREAS, Local Government Code,Section 143.046(c), gives to the municipality's governing body the ability to approve the accumulation of vacation leave from year to year; and WHEREAS, neither the Beaumont City Manager nor the Beaumont Fire Chief have been delegated authority to grant exceptions to Article XIII, Section 2, to allow the carryover of vacation leave from year to year; and WHEREAS, any past exceptions made to such provision were not in compliance with the Collective Bargaining Agreement or Local Government Code, Section 143.046(c); and WHEREAS, the City Council for the City of Beaumont does not intend to amend the Collective Bargaining Agreement except as provided for by Article XXXIII; and WHEREAS, the City Council has considered the request by IAFF 399 on behalf of Firefighters James Landrum and Frank Neal to carry over vacation leave from one year to a subsequent year and is of the opinion that it would not be in the best interest of the citizens of Beaumont to grant the request and, therefore, the request should be denied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted. THAT the request by the International Association of Firefighters, Local 399, on behalf of Firefighters James Landrum and Frank Neal to carry over vacation leave to a subsequent year be and it is hereby denied. THAT the meeting at which this resolution was approved was, in all things, conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of April, 2010. - Mayor Becky Ames - D RICH WITH OPPORTUNITY [IEA,UMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: April 27, 2010 REQUESTED ACTION: Council consider approving a contract for Hotel Occupancy Tax(HOT) compliance review services. RECOMMENDATION Administration recommends Council approve a contract with MuniServices, LLC,of Fresno, California, for compliance review services in the area of local hotel occupancy tax collection with an estimated annual expenditure of$24,000 per year for three years. BACKGROUND By law, cities are authorized to adopt a local hotel occupancy tax within the city limits to be collected as a percentage of the price paid for use of a hotel room. The City of Beaumont's rate is 7%. The tax is remitted by the hotel to the City on a quarterly or monthly basis based on the whether the amount owed is more or less than$500. The hotel occupancy tax revenues are restricted to uses that directly enhance and promote tourism and the convention and hotel industry. They are used to fund the City's Convention and Visitor's Bureau in addition to other eligible organizations. Presently,the Finance Department collects hotel occupancy tax payments but does not do annual review of books or inspections of the reports submitted by the hotel owners. In an effort to ensure that the City is realizing all of the tax revenue to which it is entitled, Staff sought out a third party to perform compliance review services. MuniServices, LLC,provides the following services: • Conducts annual analysis of returns • Conducts on-site examinations of records when warranted • Provides annual reports reflecting and projecting revenue trends • Identifies providers who should be subjected to field auditing or scrutiny • Reviews ordinance and administrative procedures for possible enhancements • Educates lodging providers to ensure appropriate collection and remittance of the tax MuniServices, LLC April 27, 2010 Page 2 BUDGETARY IMPACT Funds are budgeted in the Hotel Occupancy Tax Fund for this expenditure. In FY 2009,the City collected$3.2M in HOT funds. Through March, collections for FY 2010 amount to $1.2M. It is anticipated that as a result of the review of and education provided to the Mel owners,the City will see an increase in revenue collected. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement, substantially in the form attached hereto as Exhibit"A," with MuniServices, LLC, of Fresno, California, for compliance review services in the area of local hotel occupancy tax collection for an estimated annual expenditure of$24,000 per year for three (3) years. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of April, 2010. - Mayor Becky Ames - i Agreement Between The City of Beaumont and Muni5ervices, LLC for Laval Hotel Occupancy Tax and E Hospitality Consulting Program E This Agreement is made as cuf ,w 2010 between MuniServices, LLC, a Delaware limited liability company, its subsidiaries and affiliates, with an office at 7335 N. Palm Bluffs Avenue, Fresno, Q: 93711., ("MuniServices") and the City of Beaumont, a municipal corporation of the State of Texas("Municipality"). i ARTICLE!. SCOPE OF N'VC1RK A. Local Hotel Occupancy(HOT) Objectives and Methods MunlServices Local Hotel Occupancy Tax and Hospitality Consulting Program is intended to assist the Municipality in realizing all of the lodging tax revenue to which it is entitled through conducting annual 3 analyses of returns and, when warranted, on-site examinations of records; providing annual reports reflecting and projecting revenue trends; identifying any providers who should be subjected to field auditing or other scrutiny; offering ordinance and administrative enhancements as needed; and i educating lodging providers to ensure appropriate collection and remittance of the lodging tax. Ordinance,Return and Administration Review Services(Inception of Contract): i a • Review Municipality's lodging tax ordinance,return form and administrative procedures; I • Recommend potential enhancements to better acquaint the lodging providers with their l responsibilities in collecting and paying-over the tax, and to improve revenue generation and administration by the Municipality; • Provide a written report to Municipality, including suggestions for new ordinance language, form design and process development,as applicable;and • Meet with Municipality to discuss findings, and to identify any recommendations for further review. i Anailysis and Compliance Review Services(Annually): i • Obtain and analyze lodging provider return information in the possession of the Municipality initially for the prior four-year(4)period,thereafter annually for the prior year; E • Conduct unobtrusive collection of information on each property, including number of s rooms,occupancy rate, physical condition, business dynamics,etc.; i • Provide a report to the Municipality on trend analysis to include projections for gross rent i revenue and occupancy rates,and other information conducive to assessment of visitation; f ( • Perform discovery services designed to identify and locate lodging providers not properly 1 registered with the Municipality and not appearing on the Municipality rolls as lodging tax remitters; 1 Beaumont,TX-NOT 011810 EXHIBIT "A" ���e Mimi imwnt 1ntPnrify VPrifiaf EchoSian Transaction Number:33CEJ466T3V2Ve i` • Analyze lodging provider return information from the past: three years in order to identify unusual or suspicious reporting and/or activities that warrant further review;and • Provide a detailed report to the Municipality identifying lodging providers who require additional investigation or examination to determine their compliance with the Municipality's lodging tax ordinance; Field Audit Services(As Deemed Needed By Analysis); • Perform on-site examinations of the records of those providers identified through analysis to warrant further investigation, but only as authorized by Municipality and not to involve more than one-third(1/3)of the Municipalities properties in any one year contract period; • Provide Municipality staff with a detailed list of all records required to be made available by lodging providers for the further reviews,together with a draft engagement announcement letter to be sent to each lodging provider requiring examination; • In coordination with Municipality staff, schedule and conduct reviews at the property locations of those providers identified and authorized for examination; • Verify accuracy of filed lodging tax returns with daily and monthly activity summaries; • Review a random sample of the daily and monthly summaries to determine if the daily summaries reconcile to the monthly summaries; • Review bank statements to verify that deposits reconcile with the reported revenue on the lodging tax returns'; • Review exempted revenue for proper qualifying documentation; • Review a random sample of exempted guest revenue and trace registration and/or other source documents to verify compliance with the Municipality ordinance; • Where possible, compare the State and federal tax filings with the lodging tax returns; • For each error/omission identified and confirmed, submit substantiating documentation to designated Municipality staff in order to facilitate collection of revenue due from lodging providers for prior periods; • Coordinate with designated Municipality official(s) as necessary to review findings and recommendations; • Provide assistance to Municipality in reviewing any matters submitted in extenuation and mitigation by lodging providers in contesting a deficiency determination;and • Prepare and document any changes to the review findings and provide revised tax, interest or penalty amounts due the Municipality. .Ilk Beaumont;TX-HOT 011810 2 1 6—�45 Document Integrity Verified EchoSign Transaction Number:33CEJ466T3V2V UMMMMEOMW Seminar Services (Once Every Third (3rd)Year,When Desired by Municipality): • Conduct a seminar session with Municipality staff to present and discuss issues pertaining to lodging tax administration. Key topics for normal Municipality staff sessions include applicable state and federal law, return analysis, deficiency determination techniques and collections. Municipality may add select topics of Municipality concern to be reviewed at this session; • Conduct a seminar session for local lodging providers to disseminate information intended to further the providers' understanding of their duties and responsibilities under the Municipality's lodging tax ordinance, their responsibilities for collections and record keeping, and to address any points requiring clarification in the lodging providers' understanding of the Municipality's lodging tax ordinance. Municipality staff shall be encouraged to attend both seminar sessions so as to become familiar with the issues and concerns facing local lodging providers and to interact directly with the lodging providers. ARTICLE II. TERM This Agreement starts on the date stated in the introductory paragraph and continues for a period of one-year (1) "initial term." After the "initial term" and thereafter, this Agreement shall automatically renew for successive one-year (1) periods, subject however, to Municipality's availability of funding which lawfully.may be applied, until terminated. If funding will not be available, the Municipality must provide at least 30-days advance written notice of the lack of funding. Termination requirements are listed in Section 6 of the General Provisions attached and incorporated herein as Attachment"A". s ARTICLE Ill.COMPENSATION A. Local Hotel Occupancy(HOT) The Local Hotel Occupancy Tax and Hospitality Consulting Services shall be provided at an Annual Fixed Fee per lodging property located in the Municipality as per the following classification of lodging properties: six.hundred dollars ($600) per standard lodging property, six hundred dollars ($600) per timeshare property, and three hundred ($300) per bed and breakfast facility. The Fixed Fee shall be invoiced upon execution of this Agreement, and at the beginning of each renewal term. Additionally, MuniServices shall be entitled to reimbursement of reasonable travel and other out-of-pocket expenses associated with the conduct of field audits and seminars, not-to-exceed $500 per contract year without prior written approval of the Municipality. Such reimbursement shall be billed incrementally. F B. Additional Consulting. F Municipality may request that MuniServices provide additional consulting services at any time during the term of this Agreement. If MuniServices and Municipality agree on the scope of the additional consulting services requested,then MuniServices shall provide the additional consulting on a Time and Materials basis. Depending on the personnel assigned to perform the work,standard hourly rates range from$75 per hour to$300 per hour. These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred. I' i I 3 ' � Beaumont TX-HOT 011810 � i X '���/Document Integrity Verified EchoSign Transaction Number:33CEJ466T3V2V r ARTICLE IV.GENERAL PROVISIONS In addition to the above provisions, the parties are also bound by the general provisions as set forth in Attachment "A" of this Agreement, which are by this reference incorporated herein. If there is a disagreement between Articles I,II, and IIII,and these general provisions,Articles 1, 11,and III prevail. The Parties are signing this Agreement on the date stated in the introductory clause. MuniServices,LLC City of Beaumont A Municipal Corporation l�s� sllltlirtt By: MarC Hermar.(Jan 19,20 10) By: Marc Herman Name: 'title: President Title: ATTEST: By:Kevin Ceruo(Jan 19,2010) Kevin Cerutti City Clerk Title: Vice-President, Finance APPROVED AS TO FORM: City Attorney i i a R a I ga y i j f 4 Beaumont TX-HOT 011810 Cd Document Intearfty Verified EchoSign Transaction Number:33CEJ466TW2Vr ATTACHMENT"A" General Provisions L What this agreement covers. This agreement covers any unless the Scope of Work for the service specifically says We will services You selected on Our website or that We have agreed to charge You for costs or expenses. provide to You. We are not required to perform nor are You 5. Treatment of Confidential Information. required to pay for services that are not in a written or click-thru agreement that incorporates these terms and conditions. 5.1 The party receiving the disclosing party's Confidential Information shall: use the Confidential information solely 2. Meaning of certain words in this agreement. for performing under this Agreement; and treat the • "We", "Our","Us", and similar terms mean MuniServices, Confidential Information with the same care as it uses to LLC. maintain the confidentiality of its own Confidential • "You," "Yours" (including in the possessive) means The Information,which shall be at least reasonable rare. The City of Beaumont. party receiving the disclosing party's Confidential Information shall not disclose the Confidential • "Scope of Work" means the written statement that: information to any third party without the written describes the services We will provide to You;incorporates consent of the Disclosing Party, except to employees, these terms and conditions;and states what You will pay consultants or agents to whom disclosure is necessary to Us for those services. For this agreement,the Scope of perform this Agreement and who have agreed in writing Work is found in Articles I and II of the agreement. to treat the Confidential Information according to the • "Confidential Information" means each party's products, terms of this section five, or except if ordered to disclose services, technical data, trade secrets, inventions, the Confidential Information by any court or state or processes, and constituent information. Any information federal agency. All Confidential Information remains the meeting this description is"Confidential Information"even sole property of the disclosing party. We will hold if the disclosing party did not mark the information as taxpayer information in strict confidence. "Confidential Information" or did not notify the receiving 5.2 If a party who has received Confidential Information is party that the information was"Confidential Information." served with a subpoena or other legal process concerning Information is not confidential if it: (a) is rightfully known the Confidential Information, the party who was served to the receiving party prior to receipt from the disclosing shall promptly notify the other party and shall cooperate party as reasonably evidenced by such party; (b) becomes with the other at the other a party, party's expense,in any known to the receiving party from a source other than one lawful effort to contest the validity of the subpoena or who is under an obligation of confidentiality to the other legal process. Being a governmental entity, all disclosing party; or (c) becomes publicly known or information in Our possession is subject to the Public otherwise ceases to be confidential other than by an Information Act. Any such confidential information will unauthorized act. be treated as such In accordance with the Act. 3. Our relationship with You. We are an independent 5.3 The parties agree that a breach of the terms of this contractor and not Your employee or agent We can perform section five would result in irreparable injury to the non- services for others during this Agreement. We are responsible breaching party and a remedy in damages would be for any subcontractors We use in performing services for You inadequate. The parties agree that In the event of such and We are solely responsible to pay those subcontractors. breach or threatened breach,the non-breaching party is Nothing in this Agreement Is to be interpreted as: creating the entitled to seek an injunction to prevent the breach or relationship of employer and employee between You and Us or threatened breach, in addition to any other remedies between You and any of Our employees or agents;or creating a available at law or in equity. partnership,joint venture between You and Us; or designating Us as Your agent. Furthermore, nothing in this agreement 5.4 The obligations in this section-five continue for a period requires Us to give You legal advice or determine Your legal of five years from the date of disclosure of the liabilities and We have no obligation to do so. You agree that Confidential Information, except that for any trade the advice We give is not legal advice. secrets (as defined by applicable law),the obligations of confidentiality continue indefinitely from the date of 4. How We will invoice. We will send You timely invoices for disclosure and survive the termination of this Agreement Our services. [If You would like the invoices separated by indefinitely. service, please send Us an email to that effect and We will 5.5 The confidentiality obligations of this section five do not separate the invokes.] Your payment to Us is due within thirty days after You receive Our invoice(s). We will charge You extend to any information required to be disclosed interest at the rate of one and one-half percent (1.596) per Pursuant to the Texas Open Records Act, the United month, or the maximum amount permitted by law, on any States Freedom of Information Act, and similar State amounts You do not pay within those thirty days. We will not Acts,or other public disclosure acts of the United States charge You for any costs or expenses related to Our services ova state or territory thereof. 1 Rev 031910 6. Now this Agreement Starts and Ends. This Agreement out of this agreement.This section allocates the risks between starts on the date stated in the introductory paragraph of the Us and You and Our'pricing reflects the allocation of risk and Scope of Work(the"Start Date")and continues until terminated limitation of liability in this section 11. or until the expiration date stated in the Scope of Work. Either party may terminate this Agreement: a. upon 90-days prior written notice to the other party;or M Scope of disclaimers and limitation of Lability. The disclaimers and limitations of liability in sections 9 and 11 apply b. immediately, upon written notice, if a parry has regardless of the form of action,whether in contract,tort,strict materially breached this Agreement including any Scope of liability or otherwise and whether damages were foreseeable. Work and the non-breaching party has given the breaching Those disclaimers and limitations of liability survive failure of any party notice of the material breach and has given the exclusive remedies provided in this Agreement. breaching party thirty days to cure the breach(except in the case of non-payment for which the cure period shall be ten • Indemnification. [Omitted by agreement between the (10)days)or such amount of time as Is reasonable given the Patel circumstances. Under this Agreement Your failure to pay any 14. Miscellaneous provisions. amount when due under this Agreement(after 10-days prior 14.1 Personnel. At any time,You may request removal or written notice of Your failure to pay)is a material breach. replacement of personnel We have assigned and We will 7. Your payment obligations after this agreement ends. promptly replace such personnel. The time for any Even if this agreement is terminated or expires You remain deliverables required or any increase in costs will be adjusted obligated to: (1) pay Us for services performed through the to reflect any adverse impact resulting from the change in effective date of the termination or expiration; and (2) pay personnel. invoices We send You after the expiration or termination of this 14.2 Gratuities, Gifts, Conflict of Interest. We shall, at all agreement for services performed before termination or times comply ith Your policies regarding ifts gratuities,or expiration or for continuing payments required by the Scope of � ply p g g conflicts of interest that You provides to Us. At no time shall Work or for both. We, or Our employees, agents, directors, or contractors offer 8. Our commitment not to discriminate. On any work We or accept any gift or gratuity:from a third party who may be perform under this agreement,We shall not discriminate on the subject to findings resulting from Services; to or from You, grounds of race, color, religion, sex, national origin,or veteran official, employee, contractor, or agent, or from any other status in the selection and retention of employees, party where such gift or gratuity could be construed as a subcontractors, the procurements of materials or leases of conflict of interest. equipment 14.3 Dispute Resolution. Any dispute relating to this 9. Our Limited Warranty. We represent that all services agreement shall be submitted for resolution through performed under this agreement shall be performed by persons mediation. The mediator shall be selected from the list of with the skills and abilities necessary and that the services that individuals maintained by the State District Court, County of We shall provide,the tangible deliverables, If any,are free and Jefferson, who participate in the court's alternative dispute clear of the proprietary claims of third parties,unless We notify resolution process by joint agreement of the parties. In the You to the contrary. This section 9 is Our complete warranty event the parties are unable to resolve the dispute through statement. We disclaim any other warranties to the fullest the mediation process,then either party may commence an extent allowed by law. action in the State District Court,County of Jefferson State of Texas. in all cases, the prevailing party to such dispute is 30. Your warranty to Us. You represent that the information entitled to recover costs and expenses, including reasonable You or Your employees or agents provide to Us will be provided attorney's fees. free and clear of the claims of third-parties. You represent that You have the right to provide Us the information You provide 14.4 Ownership of Work Product. We retain all right, title, and that information provided will not be obscene,defamatory, and interest in and to the processes, procedures, models, or otherwise expose Us to liability to third parties. inventions, software, ideas,know-how, and any and all other patentable or copyrightable material used, developed, or ii. Limitation of liability. To the maximum extent permitted reduced to practice in the performance of this agreement. by low,neither MunfServices,nor its employees,contractors or agents are liable for any indirect;incidental,special,punitive Upon payment therefore,We will grant You all right,title,and interest in and to the reports, charts, graphs, and other or consequential damages,lost data or cost of procurement of deliverables We are required to produce under this substitute goods or services arising from or related to the services. This limiitation applies.whether damages are based agreement. on breach of warranty or any obligation arising from a breach 14.5 Assignment Neither party may assign this agreement of warranty; and whether liability is asserted in contract or or any of its rights or obligations under this agreement without tort; and whether or not We have been advised of the the prior written consent of the other party, which consent possibility of any such loss or damage.Our liability under this must not be unreasonably withheld.Any assignment without agreement will not exceed an amount equal to the fees You prior written consent is void. Notwithstanding the foregoing, paid for the service to which the claim pertains. This section the parties may assign all or part of this agreement 11 sets forth Your exclusive remedy for claims arising from or immediately, without the prior written consent of the non- 2 Rev 031910 assigning Party: (a) to the assigning party's successor in To You: Interest who expressly assumes responsibility for the assigning City of Beaumont party's obligations under this agreement;or(b) if necessary to POB 3827 satisfy the rules, regulations and/or orders of any federal or Beaumont,TX 77704 state governmental agency or body. Notwithstanding the Attn:Laura H.Clark,CPA,CFO foregoing, We may assign monies due under this agreement Email:Iclark @ci.beaumont.tx.us without consent (whether characterized as an account Facsimile:409-880-3132 receivable or otherwise).Any violation of the provisions of this paragraph renders this agreement voidable at the option of 14.11 Copies. This agreement may be signed in separate the non-assigning party. counterparts including facsimile copies. Each counterpart 14.6 Insurance. (including facsimile copies) is deemed an original and all counterparts are deemed on and the same instrument and a. Public Liability. During the term of this Agreement,We legally binding on the parties. will maintain a policy of public liability insurance with minimum coverage's in accordance with the requirements 14.12 Entire Agreement.This agreement, including the Scope You provide to Us. We will cause You, Your officials and of Work that incorporates these terms and conditions, is the entire agreement between Us and You for the service(s)in the employees to be named on all liability policies described above as additional insureds for activities taken pursuant to Scope of Work. This agreement supersedes and replaces arty this Agreement. prior agreements, of whatever kind or nature, for the service(s) in the Scope of Work. Any prior agreements, b. Workers' Compensation. During the term of this discussions, or representations not expressly set forth in this Agreement, We shall comply with the terms of the laws of agreement are of no force or effect. No additional terms, PO Texas concerning workers'compensation, including but not Terms and Conditions,or oral or written representations of any limited to, maintaining in full force and effect one or more kind are of any force and effect unless in writing and signed policies of insurance insuring against any liability We may with the same formality as this agreement have for workers'compensation. 14.13 No Oral Modification. No modification of this 14.7 Severablilty. if a court of competent jurisdiction holds agreement is effective unless set forth in writing and signed any part of this agreement to be unenforceable, the with the same formality as this agreement. No waiver of the unenforceable part will be construed as nearly as possible to requirements of this section is effective unless in writing and reflect the original intent of the parties and the remainder of signed by our president. the provisions will remain in full force and effect. 14.14 Construction. This Agreement is to be construed in 14.8 Waiver. Either party's failure to insist upon strict accordance with the laws of the State of Texas without regard performance of any provision of this agreement is not to be to its conflict of laws principals. construed as a waiver of that or any other of a party's rights under this agreement at any later date or time. 14.15 Headings. The section headings herein are for convenience and reference purposes only and are not to serve 14.9 Force Majeure. Neither party is liable for failing to as a basis for construction or interpretation. perform its obligations hereunder (other than payment obligations)where performance is delayed or hindered by war, 14.16 Partial Payment. No receipt by Us of an amount less than Your full amount due will be deemed to be other than riots, embargoes, strikes or acts of its vendors or suppliers, payment"on account",nor will any endorsement or statement accidents, acts of God, or any other event beyond its reasonable control. on any check or any accompanying letter effect or evidence an accord and satisfaction. We may accept such check or partial 14.10 Notices. All notices, including notices of address payment without prejudice to Our right to recover the balance changes, provided under this agreement are deemed received or pursue any of Our rights. on the third day after mailing if sent by mail,or immediately if sent by facsimile. Notices shall be sent to the following: To Us: MuniServices,LLC 7335 North Palm Bluffs Avenue Fresno,CA 93711 Attention Legal Department Email:Legal @muniservices.com Facsimile:559-312-2957 3 Rev 031910 E RICH WITH OPPORTUNITY BEAUMON T • E • x . A . s City Council Agenda Item TO: City Council FROM: Carl A. Parker PREPARED BY: The Parker Law Firm MEETING DATE: April 27, 2010 REQUESTED ACTION: Consider a resolution authorizing The Parker Law Firm to do all things necessary, including filing notice of appeal and appealing an adverse judgment from the 601'District Court of Jefferson County,Texas, in the lawsuit styled No. B-185,387; The City of Beaumont, Tx v. James Mathews. RECOMMENDATION It is recommended that the City Council authorize The Parker Law Firm to take all action necessary to appeal an adverse judgment from the 601`District Court in the lawsuit styled No. B-185,387; The City of Beaumont, Tx v. James Mathews, in which in the opinion of this counsel could possibly be successfully appealed. BACKGROUND On the 10th day of November, 2009, an arbitrator selected for arbitration for the grievance of James Mathews ruled that James Mathews should be fully reinstated forthwith. City Attorney for the City of Beaumont appealed the ruling of the impartial arbitrator to the 60U'District Court alleging the arbitrator had gone beyond his jurisdiction and entered an arbitration award in error. Firefighter Mathews responded, and the matter was heard by the Judge of the 60'District Court who ruled that the arbitration award was correct based on Article 143.53(f). The Judge entered a judgment dismissing the City's appeal and a writ of mandamus directing the City to immediately restore firefighter Mathews to his former position with full back pay and benefits. Although there has been amendment to Local Government Code 143.052,there are numerous cases prior to this amendment holding that substantial compliance with the requirement that a firefighter be given a detailed list of reasons for discharge or indefinite suspension, each tied to a specific rule. However,there has not been a case directly in point decided since recent amendments holding that such a strict standard is required. In view of the fact the City would like to clarify its duty in this respect, it is the opinion of this office that a proper way to do so is to appeal the judgment dismissing the appeal of the City and the writ of mandamus. This office seeks authorization to file an appeal to review said opinion of the Judge in this matter. BUDGETARY IMPACT It is the recommendation of this counsel that firefighter Mathews be returned to duty and payment be made for his past lost wages and benefits. Therefore,the appeal would not incur any additional liability in this respect; and the amount of attorney's fees and court costs required in such an appeal will be relatively small. RESOLUTION NO. THAT The Parker Law Firm be and is hereby authorized to appeal No. B-185,387; The City of Beaumont, Tx v. James Mathews currently pending in the 60`'District Court of Jefferson County, Texas,regarding the dismissal of the City's appeal and writ of mandamus to immediately restore firefighter Mathews to duty with full back pay and benefits. PASSED BY THE CITY COUNCIL of the City of Beaumont on this 27'day of April, 2010. Mayor Becky Ames RICH WITH OPPORTUNITY BEA,UMON* T - E - B - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 27,2010 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition: * Public Comment: Persons may speak on scheduled agenda items 13-14/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from LI(Light Industrial)District to RS (Residential Single Family Dwelling)District for property on the north side of Baker Road, 287.10' east of Wescalder Road 2. Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling- 2)District and a specific use permit to allow the parking of dump trucks at 6820 Concord 3. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property near the northeast corner of Magnolia and Gill 4. Consider a request for a specific use permit to allow a restaurant in an RCR-H (Residential Conservation and Revitalization-H)District at 2693 North Street 5. Consider a request for a specific use permit to allow office-warehouses in a GC- MD (General Commercial-Multiple Family Dwelling) District for property located on Eastex Freeway,north of Tram 6. Consider a request for an amended specific use permit to allow an additional office/warehouse in a GC-MD (General Commercial-Multiple Family Dwelling) District for property adjacent to 10935 Eastex Freeway 7. Consider a request for a specific use permit to allow business offices in an RCR-H (Residential Conservation and Revitalization-H) District for property located at 2400 Broadway, 2406-08 Broadway, 2410 Broadway,2444 Broadway and 2455 Broadway 8. Consider a request for a specific use permit to allow a restaurant in an NC (Neighborhood Commercial) District at 1695 Franklin 9. Consider a request for a specific use permit to allow a commercial building in an RCR(Residential Conservation and Revitalization)District at 2910 and 2916 Concord 10. Consider a request for a specific use permit to allow a retail clothing shop in an RCR(Residential Conservation and Revitalization)District at 1795 Park Street 11. Consider a request for a specific use permit to allow warehousing and storage for boats and RV's in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5080 Washington Boulevard 12. Consider a request for a specific use permit to allow a parking lot in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 1034 Colorado Avenue 13. Consider approving an interlocal agreement to enter into a contract for EMS debt collection services 14. Consider approving a contract for outsourcing the debt collection services for designated EMS accounts PUBLIC HEARING * Receive comments on the 2010 Action Plan and Budget of the Five Year Consolidated Plan 15. Consider adopting the 2010 Action Plan and Budget of the Five Year Consolidated Plan WORKSESSION * Review and discuss recommendations relating to the Beaumont Municipal Transit System PUBLIC HEARING * Receive comments on the Beaumont Transit Development 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: Holiday Inn Midtown/U.S. Cheema, Inc. In the Matter of Arbitration between Beaumont Firefighters' Local 399 (Vacation Carryover Grievance - E.B. Shelton) and The City of Beaumont, Texas State of Texas v. James Edward Mathews, Jr. City of Beaumont v. James Mathews Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 April 27,2010 Consider a request for a zone change from LI(Light Industrial)District to RS (Residential Single Family Dwelling)District for property on the north side of Baker Road, 287.10' east of Wescalder Road RICH WITH OPPORTUNITY BEAUMON* T • E • X • A • a City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager CSC PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 27,2010 REQUESTED ACTION: Council consider a request for a zone change from LI(Light Industrial)District to RS (Residential Single Family Dwelling)District for property on the north side of Baker Road, 287.10'east of Wescalder Road. RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND Faust Engineering& Surveying, Inc.,has applied for a zone change. The property owner owns 3.8 acres at the northeast comer of Baker and Wescalder. On part of this property,the owner operates a business. All of the 3.8 acres is zoned LI. The owner would like to construct a house on 0.74 acres of his lot. Light Industrial zoning does not allow residential uses. Therefore,the subject property must be rezoned to allow the construction of a house. Most of the property in the area is zoned RS. At a Joint Public Hearing held April 19, 2010,the Planning Commission recommended 7:0 to approve a zone change from LI(Light Industrial)District to RS (Residential Single Family Dwelling)District for property on the north side of Baker Road,287.10'east of Wescalder Road. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON THE NORTH SIDE OF BAKER ROAD, 287.10' EAST OF WESCALDER ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned LI (Light Industrial) District to RS (Residential Single Family Dwelling) District for property located on the north side of Baker Road, 287.10' east of Wescalder Road, as described in Exhibit"A" and shown on Exhibit"B," 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 30 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 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of April, 2010. - Mayor Becky Ames - I LEGAL DESCRIPTION FOR ORDINANCE PURPOSES THAT certain 0.74 acre tract out of Lot 4, Block 8 of the Wescalder Fig Acres Addition, a plat recorded in Volume 4, Page 150 of the Jefferson County Map Records,Jefferson County, Texas; said 0.74 acre tract being out of a called 3.804 acre tract conveyed to Robert B. McDougald as described in Film Code#102-41-0612 of the Jefferson County Real Property Records; said 0.74 acre tract being more particularly described by Metes and bounds as follows: COMMENCING at the intersection of the north line of Baker Road with the East line of Wescalder Road; THENCE South 89°56'00" East along the north line of Baker Road, a distance of 287.10 feet to a%2"capped iron rod set for the southwest corner of the herein described tract and being the POINT OF BEGINNING; THENCE North 00°33'25" East, a distance of 121.96 feet to a %Z" capped iron rod set for a corner on the north line of the said 3.804 acre tract; THENCE South 79°49'02" East along the north line of the said 3.804 acre tract, a distance of 36.65 feet to a I/z" capped iron set for a corner on the north line of the said 3.804 acre tract; THENCE North 09°33'18" East along the north line of the said 3.804 acre tract,a distance of 23.20 feet to a%2" capped iron set for a corner on the north line of the said 3.804 acre tract and the northeast corner of the herein described tract; THENCE South 00°33'25" West along the west line of a called 1.005 acre tract described in Clerk's File#2007028930 of the Jefferson County Real Property Records,a distance of 134.66 feet to a 1/2" capped iron set on the north line of Baker Road for the southwest corner of the said 1.005 acre tract and the southeast corner of the herein described tract; THENCE North 89 05600" West(reference bearing)along the north line of Baker Road, a distance of 240.01 feet to the POINT OF BEGINNING, AND CONTAINING 0.74 ACRES OF LAND, MORE OR LESS. EXHIBIT "A" i ile 20 -Z: Request fora zone change from LI (Light Industrial)District to RS (Residential Single Family Dwelling) District. Location: North side of Baker Road, 287.10' east of Wescalder Road Applicant: Faust Engineering & Surveying, Inc. 0 50 100 200 Feet I i I I Legend ® 2033P (PRIVATE) R-S j E� t ITd��Nl�^'it� a� ^s7.'• P ��l� 11'y' -& F w..'+*,.�C-� ?* "I. ,�I r.�"_ d :a �yS .'� �M J. r r.^ e ..fy,N'� � �`s+*�ja �A' t Y` N 1LF.,�� +araa.. 'V iil zrtix t "8" ��sa �t43 ♦ 'w�.w a r a '�e{. �xy�9w '`�'�. r •'� r� � � :d.- d t 't� � +r q 'L r� �5i�,' r, �r ;,r�'�.,xa� ^t . -t�� ��i.� .� ,+ � •i a x r.�s ,„� Z ;, ;�:.>'� ?�r. BAKER RD Z X X CD R-S R-S N EXHIBIT "B" 2 April 27,2010 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow the parking of dump trucks at 6820 Concord RICH WITH OPPORTU NITT BEAUMON* T • E • z • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C)� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 27, 2010 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow the parking of dump trucks at 6820 Concord. RECOMMENDATION The Administration recommends approval of the zone change and specific use permit request, subject to the following conditions: • Enclose the dump truck parking area with an 8'tall wood screening fence for a distance of 50'along Concord and 50'running north to south so that the trucks cannot be seen from Concord. • Limit the number of dump trucks to two. BACKGROUND Evilio Hernandez has applied for a zone change and specific use permit. Mr. Hernandez states that he has owned the subject property for 15 years. The Hernandez family lives at 6840 Concord,just north of the property. Mr. Hernandez states that the reason for the zone change and specific use permit is to enable him to park up to two dump trucks on the property. Mr. Hernandez drives a dump truck for a living. He has been contemplating buying a second dump truck as a back-up for the current truck. Mr. Hernandez states that no more than two dump trucks would ever be parked on the property. Mr. Hernandez states that his property is currently surrounded by commercially zoned property. While the land west of Concord is zoned commercially,the land east of Concord and north of "The Concord Curve"has historically been residentially zoned. In the past, as well as more recently,there have been some rezonings to commercial. On the east side of Concord,the nearest commercially zoned property to Mr. Hernandez's is approximately 800' south. Those rezonings that have occurred have been south of the intersection of Concord and Highway 105. The widening of Concord will stop at Highway 105. While it could be argued that the widening of Concord will be conducive for commercial development,the same cannot be said for that part of Concord north of Highway 105. Between Highway 105 and Eastex Freeway, all the property fronting on the east side of Concord is zoned RS. That portion of Concord has a 60'wide right- of-way and an 18'pavement width. At a Joint Public Hearing held April 19, 2010,the Planning Commission recommended 5:0 to approve a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow the parking of dump trucks in a GC-MD-2 District at 6820 Concord, subject to the following conditions: • Enclose the dump truck parking area with an 8'tall wood screening fence for a distance of 50'along Concord and 50'running north to south so that the trucks cannot be seen from Concord. • Limit the number of dump trucks to two. BUDGETARYIMPACT None. The"20%Rule" Section 3040. D. of the Zoning Ordinance states the following: Protest: The City Council shall not amend, supplement, change, modify or repeal any regulation,restriction or boundary or approve a Specific Use Permit where a protest against such change, signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom,except by the favorable vote of three-fourths(3/4)of all the members of the City Council. This means that in order to approve a zone change or specific use permit when the 20% rule has been invoked at least six Council members must vote in favor of the Ordinance. On File 2022-Z/P,a protest of 34%was received,therefore invoking the Rule on this case. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE PARKING OF DUMP TRUCKS IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT 6820 CONCORD 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 Evilio and Laura Hernandez to allow the parking of dump trucks in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 6820 Concord, being Tract 62, RS 1, Thomas Spear Survey, Abst. 50, City of Beaumont, Jefferson County, Texas, containing 1.50 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 parking of dump trucks in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 6820 Concord, being Tract 62, RS 1, Thomas Spear Survey, Abst. 50, City of Beaumont, Jefferson County, Texas, containing 1.50 acres, more or less, is hereby granted to Evilio and Laura Hernandez, their 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: • Enclose the dump truck parking area with an 8'tall wood screening fence for a distance of 50'along Concord and 50' running north to south so that the trucks cannot be seen from Concord; and • Limit the number of dump trucks to two. 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, 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 Beaumontthis the 27th day of April, 2010. - Mayor Becky Ames - I ]File 2 -Z/P: Request for a zone change from RS (Residential Single Tamily Dwelling) District to GC-MD-2(General Commercial Multiple Family Dwelling-2)District and a specific use permit to allow the parking of dump trucks in a GC-MD-2(General Commercial-Multiple Family Dm elling-2) District. Location: 6820 Concord pplicant: Evelio Hernandez o so t 20o Feet Legend 20 22ZP R-S Q� oy� V �Q4 a . s rd ylft, { w . '� 4 `t'w4 HWY 105 4&/ CIO, Aeb $`GarW`�"` 3 'ac+Ha EXHIBIT "A" Ll I I IIIII HIM 1111 FF [ I F I I -I LJ- I I I Approval subject to the following conditions: Enclose the dump truck parking area with an 8'tall wood screening fence for a distance of 50' along Concord and 5 0'running north to south so that the trucks cannot be seen from Concord. Limit the number of dump trucks to two. EXHIBIT "Bly ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT FOR PROPERTY LOCATED AT 6820 CONCORD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC- MD-2(General Commercial-Multiple Family Dwelling-2)District for property located at 6820 Concord, being Tract 62, RS 1, Thomas Spear Survey, Abst. 50, City of Beaumont, Jefferson County,Texas, containing 1.50 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 30 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 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of April, 2010. - Mayor Becky Ames - Re 2022 Request for a zone change from RS(Residential Single Family Dwelling) District to GC-MD-2(General Commercial Multiple Family Dwelling-2)District and a specific use permit to allow the parking of dump trucks in a GC-MD-2(General Commercial-Multiple Family Dwelling-2) District. Location: 6820 Concord pplicant: Evelio Hernandez o so 00 20o Feet Legend ® 2022ZP R-S �v2 Q� O� V '00, K. r � A P�l¢'+ µlm 3LL R 7 �9t � S ,�*sJ1` 3�`.'13M1�¢{.a",N?,7a HWY 105 CO c°' , O ORO RO "!Y^,A A "v ; is F GGMD A, EXHIBIT "A" 3 April 27,2010 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District for property near the northeast corner of Magnolia and Gill RICH WITH OPPORTUNITY BEAUMON* T • Z • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C)3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 27, 2010 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling)District for property near the northeast corner of Magnolia and Gill. RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND Mainstream Development,LLC has applied for a zone change. Mainstream would like to construct a Family Dollar store on approximately 1.5 acres at the northeast corner of Magnolia and Gill. The east 0.78 acres that is zoned RS is needed for the development of the store. The 145'deep frontage along Magnolia is already zoned GC-MD. The subject property is across the street from the Beaumont Housing Authority's Pointe North development. This zone change would enable much needed retail in a neighborhood that has seen little new retail in many years. At a Joint Public Hearing held April 19, 2010,the Planning Commission recommended 6:1 to approve a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling)District for property near the northeast corner of Magnolia and Gill. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF MAGNOLIA AND GILL, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RS(Residential Single Family Dwelling) District to GC- MD (General Commercial-Multiple Family Dwelling) District for property located near the northeast corner of Magnolia and Gill, as described in Exhibit "A" and shown on Exhibit "B," 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 30 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 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of April, 2010. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.7819 acre tract or parcel of land located in the A. Williams League, Abstract No. 385, Jefferson County, Texas and being comprised of a portion of that called Tract 13-A conveyed to Zohreh Shahrodi of record in Film Code No. 103-56-0498 RPRJCT by Jefferson County(Tax Sale)and of record in Film Code No. 103-96-2363 RPRJCT by Mollie Bean and that called Tract 13 being a 100'x 180'tract of 0.410 acres conveyed by Sheriffs Deed to Freddie Shahrodi of record in Clerk's File No. 2010001061 OPRJCT, and being locally known as Tract 13 & 13-A, Plat D-20 per the Jefferson County Appraisal District, said 0.4814 acres being more particularly described by metes and bounds as follows: COMMENCING at a%2" Iron Rod and Cap stamped"S&P"found for the most Westerly Northwest corner of the said Tract 13-A,the Southwest corner of a tract conveyed to Ernest B. Roberts called 0.5 acres as recorded in Film Code No. 104-33-0751 RPRJCT and also being in the East ROW line of Magnolia Avenue(based on a 65'ROW); THENCE N 86040'55' E along the North line of the said Tract 13-A and the South line of the said Roberts tract for a distance of 146.45 feet to a point for the Northwest comer and the POINT OF BEGINNING for the tract herein described; THENCE N 86 040'55" E continuing along the North line of the herein described tract and the South line of the said Roberts tract passing at 201.97 feet a 1/2" Iron Rod and Cap stamped"ACCESS SURVEYORS" set for the Southeast corner of the said Roberts tract, and continuing for a total distance of 209.77 feet to a %2" Iron Rod and Cap stamped "ACCESS SURVEYORS", set for the Northeast corner of the herein described tract; THENCE S 04015'10" E along the East line of the herein described tract and a portion of the West line of the remainder of Tract 13-A, Plat D-20 for a distance of 202.19 feet to a '/2" Iron Rod and Cap stamped"ACCESS SURVEYORS" set for the Southeast comer of the herein described tract and being in the North ROW line of Gill Street(based on 60' ROW); THENCE S 86°40'13" W along the South line of the herein described tract and the North ROW line of the said Gill Street for a distance of 127.17 to a Point for the Southwest corner of the herein described tract; THENCE N 26020'12" W along the West line of the herein described tract and the current Zone Boundary line that divides Zone GC-MD and Zone R-S for a distance of 219.67 feet to the POINT AND PLACE OF BEGINNING, containing 0.7819 acres of land,more or less. EXHIBIT "A" it -Z: Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling)District or more restrictive district Location: Near the northeast comer of Magnolia and Gill Applicant: Mainstream Development, L.L.C. 0 50 100 200 Feet i ...: 'GC-MD, R-s Legend LA gALLE ST 20262 R-S I L G z 0 t II GILL ST z nx� �r y 6'y t .,•� r�`1r�Hft �' r7 /1 rr iP �.' { 'n lM'stuws'a`�`7` �•if J A s v RM H p r <_ N1 RM H ; k EXHIBIT "B" 4 April 27,2010 Consider a request for a specific use permit to allow a restaurant in an RCR-H(Residential Conservation and Revitalization-H) District at 2693 North Street RICH WITH OPPORTUNITY BEAUMO N* T • s • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 27, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a restaurant in an RCR-H(Residential Conservation and Revitalization-H)District at 2693 North Street. RECOMMENDATION The Administration recommends denial of the specific use permit request. BACKGROUND Dr. Rudy Sotolongo has applied for a specific use permit. On November 16,2009,the Planning Commission held a public hearing on a request to consider a Jack-in-the-Box restaurant at this same address. In that request,the subject property was to be used for parking and drive-thru facilities for the restaurant. The restaurant itself would be located in that portion of the property zoned GC-MD. At the public hearing,a number of individuals voiced concerns over traffic,noise and loitering. At that meeting,the Planning Commission voted to deny the request. Prior to City Council voting to approve or deny the application,the applicant withdrew the request. The new request proposes that the most easterly 40'be landscaped and screened with an 8'tall wood screening fence along the east property line. The dumpster site would also be located in this area. The remaining 50'of the RCR-H zoning would be used for parking and a drive-thru. At a Joint Public Hearing held April 19, 2010,the Planning Commission recommended 5:2 to approve a specific use permit to allow a restaurant in an RCR-H(Residential Conservation and Revitalization-H)District at 2693 North Street, subject to the following conditions: • The hours be limited to 6 a.m. to 12 p.m. • The sign shall be a monument sign. • The design of the restaurant shall be neighborhood friendly. • The owner will remove the existing 40' of concrete and provide landscaping by a certified landscape designer. • Sign placed at the drive thru stating"turn radios down please" BUDGETARYIMPACT None. The"20%Rule" Section 30-40. D. of the Zoning Ordinance states the following: Protest: The City Council shall not amend, supplement, change, modify or repeal-any regulation,restriction or boundary or approve a Specific Use Permit where a protest against such change, signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom,except by the favorable vote of three-fourths(3/4)of all the members of the City Council. This means that in order to approve a zone change or specific use permit when the 20% rule has been invoked at least six Council members must vote in favor of the Ordinance. On File 2024-P, a protest of 31%was received,therefore invoking the Rule on this case. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT IN AN RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-H) DISTRICT LOCATED AT 2693 NORTH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use permit to Dr. Rudy Sotolongo to allow a restaurant in an RCR-H (Residential Conservation and Revitalization-H) District located at 2693 North Street, being the West 40'of Lot 11 and all of Lot 12, Block 52, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.14 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 restaurant'in an RCR-H(Residential Conservation and Revitalization-H) District located at 2693 North Street, being the West 40'of Lot 11 and all of Lot 12, Block 52,Averill Addition, City of Beaumont,Jefferson County,Texas, containing 0.14 acres, more or less, is hereby granted to Dr. Rudy Sotolongo, his 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: • The hours be limited to 6 a.m. to 12 p.m. • The sign shall be a monument sign. • The design of the restaurant shall be neighborhood friendly. • The owner will remove the existing 40' of concrete and provide landscaping by a certified landscape designer. • Sign placed at the drive thru stating "Turn Radios Down Please." 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, 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 Beaumontthis the 27th day of April, 2010. - Mayor Becky Ames - File NMI: Request for a specific use permit to allow a restaurant in an RCR H (Residential Conservation and Revitalization-Highest Density) District. cation: 2693 North Street Applicant: Dr. Rudy Sotolongo 0 50 100 200 Feet I i I I r k Legend ® 2024P NORTH ST �R:�rfS�IY"Yit �t L 4 N� i MCFADDIN AVE _- #' 4 6 •�;ab ,�-a a (� §;Fri: "��t x�'�KC.�i'�•# ��� n � ��+� y 40' Landscape Buffer BUILDING SO BACK a�. tom . �r 0.853 ACRE � j (37,170SQ. FT. PFk A. .9 - 2 �yy 1 p.in U� GIP ab 1 01T E1gTE3� ; THAMK EX TA M i f, H T. _ EXMC. 2" 2 *Approval subject to the following conditions: • The hours be limited to 6 a.m.to 12 p.m. • The sign shall be a monument sign. • The design of the restaurant shall be neighborhood friendly. • The owner will remove the existing 40'of concrete and provide landscaping by a certified landscape designer. • Sign placed at the drive thru stating"turn radios down please" /R� VI-I \ | � | ƒ k . :�. �. v � . .. ¥ 5 April 27,2010 Consider a request for a specific use permit to allow office-warehouses in a GC-MD(General Commercial-Multiple Family Dwelling)District for property located on Eastex Freeway,north of Tram RICH WITH OPPORTUNITY BEAUMO N* T • $ • S • A • 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 27,2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow office-warehouses in a GC-MD (General Commercial-Multiple Family Dwelling)District for property located on Eastex Freeway, north of Tram. RECOMMENDATION The Administration recommends approval of a specific use permit request, subject to the following conditions: • Install a six (6)foot wide landscape strip along the Eastex Freeway frontage of the parking lot. • Install sidewalks along the property frontages on Eastex Freeway and Old Voth Road. BACKGROUND Mark W. Whiteley&Associates, Inc., has applied for a specific use permit. The owner of this property is also the owner of the property to the south. That property received a specific use permit in 2008 to allow a similar use. The property owner would like to continue the office/warehouse concept on adjacent properties. The new office/warehouses will consist of 3,000 sq. ft. of space. At a Joint Public Hearing held April 19, 2010,the Planning Commission recommended 4:3 to approve a specific use permit to allow office-warehouses in a GC-MD(General Commercial- Multiple Family Dwelling)District for property located on Eastex Freeway, north of Tram, subject to the following conditions: • Install a six(6) foot wide landscape strip along the Eastex Freeway frontage of the parking lot. • Install sidewalks along the property frontages on Eastex Freeway and Old Voth Road. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW OFFICE-WAREHOUSES IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON EASTEX FREEWAY, NORTH OF TRAM ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Henry LaBrie to allow office-warehouses in a GC-MD (General Commercial- Multiple Family Dwelling) District located on Eastex Freeway, north of Tram Road, as described in Exhibit "A" and shown on Exhibit "B" 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 office-warehouses in a GC-MD (General Commercial- Multiple Family Dwelling) District located on Eastex Freeway, north of Tram Road, as described in Exhibit"A"and shown on Exhibit"B", attached hereto and made a part hereof for all purposes, is hereby granted to Henry LaBrie, his legal representatives, successors and assigns, subject to the following conditions: • Install a six (6) foot wide landscape strip along the Eastex Freeway frontage of the parking lot. • Install sidewalks along the property frontages on Eastex Freeway and Old Voth 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 "C" 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, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BYTHE CITY COUNCIL of the City of Beaumontthis the 27th day of April, 2010. - Mayor Becky Ames - I LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.8551 acre tract or parcel of land situated in the W.B. Dyches Survey, Abstract No. 17,Jefferson County,Texas and being out of and part of that certain called 23.66 acre tract of land as described in a deed from Kirby Lumber Corporation to Emery Best and wife, Leland Hendrix Best as recorded in Volume 964,Page 110,Deed Records, Jefferson County, Texas and being out of and part of that certain called 5.43 acre tract being of a portion of the former 100 foot wide T. &N. O. Railroad right-of-way,now abandoned, as described in a deed from Southern Pacific Company to Emery Best and wife,Leland Hendrix Best as recorded in Volume 1342,Page 486,Deed Records, Jefferson County, Texas,the same being that certain called 5.43 acre tract of land as described in a deed from Kirby Lumber Corporation to Emery Best and wife,Leland Hendrix Best as recorded in Volume 1342, Page 484, Deed Records,Jefferson County, Texas and also being out of and part of that certain called 10.02 acre tract of land, identified as Tract 2,as described in a"Warranty Deed with Vendor's Lien" from Rebecca Anne Best to Emery Randolph Best as recorded in Film Code No. 102-54-2500, Official Public Records of Real Property, Jefferson County,Texas,and being out of and part of that certain called 30 foot strip of land being part of the West one-half(1/2)of the former 100 foot wide Southern Pacific Company Railroad right-of-way as described in a deed from Kirby Lumber Corporation to Emery Best and Leland Hendrix Best as recorded in Volume 15122, Page 186, Deed Records, Jefferson County,Texas,and being out of and part of the West 20 feet of the West one-half furthermore being out of and part of that certain called 7.8464 acre tract of land, identified as TRACT H<as described in a "Special Warranty Deed with Vendor's Lien" form Nancy Best to Henry Labrie and Sharon Labrie as recorded in Clerk's File No. 2006049854, Official Public Records of Real Property,Jefferson County, Texas and out of and part of that certain called 1.0797 acre tract, identified as TRACT V, and that certain called 0.7281 acre tract of land, identified as TRACT VIII, as described in a"Deed without Warranty" from Nancy Best to Henry Labrie and Sharon Labrie as recorded in Clerk's File No. 2006049856, Official Public Records of Real Property, Jefferson County, Texas, said 0.8551 acre tract being more particularly described as follows: Note: All bearings are based on the most Northerly East line of the that certain called 14.183 acre tract as recorded in the above referenced Film Code No. 102- 54-2500, Official Public Records of Real Property, Jefferson County, Texas, as SOUTH 11015'00" EAST. COMMENCING at a 1/2" iron rod in concrete found for the Southeast comer of that certain called 1.1842 acre tract of land, said corner also being the Southeast corner of the said 7.8464 acre Labrie tract and the Northeast corner of that certain called 1.1470 acre tract of land, identified as TRACT IX, as described in a"Special Warranty Deed with Vendor's Lien" from Darby Gas and Oil Company to Starmart No.2, Ltd. as recorded in Volume 2001043422, Official Public Records of Real Property,Jefferson County, Texas and said corner also being in the West right-of-way line of the U. S. Highway 69,96 and 287; EXHIBIT "A" LEGAL DESCRIPTION continued THENCE NORTH 11°1724" WEST, along and with the West right-of-way line of U. S. Highway 69, 96 and 287, for a distance of 195.00 feet to a 5/8" iron rod set for the Southeast corner of the tract herein described and the POINT OF BEGINNING, said corner also being the most Northerly corner of the said 1.1842 acre tract of land; THENCE SOUTH 78 042'36" WEST, along and with the common line of the tract herein described and the said 1.1842 acre tract, for a distance of 259.11 feet to a 5/8" iron rod found for corner, said corner being in the East right-of-way line of Old Voth Road(based on a width of 60 feet); THENCE NORTH 08042'13" WEST, along and with the East right-of-way line of Old Voth Road and the West line of the said 0.7281 acre Labrie tract, for a distance of 145.15 feet to a 5/8" iron rod set for corner; THENCE NORTH 78 042'36" EAST, over and across the said 0.7281 acre Labrie tract, the said 1.0797 acre Labrie tract and the said 7.8464 acre Labrie tract, for a distance of 259.60 feet to a 5/8" iron rod set for corner, said corner being in the West right-of-way line of U. S. Highway 69, 96 and 287; THENCE SOUTH 02 000'42" EAST, along and with the West right-of-way line of U. S. Highway 69, 96 and 287, for a distance of 43.71 feet to a 5/8"iron rod set for corner; THENCE SOUTH 11 01724" EAST, continuing along and with the West right-of-way line of U. S. Highway 69, 96 and 287, for a distance of 10 1.8 6 feet to the POINT OF BEGINNING and containing 0.8551 ACRES, more or less. Tile 202 Request for a specific use permit to allow office-warehouses in a GC-MD ,(General Commercial-Multiple Family dwelling)District. Location: Eastex Freeway, north of Tram Applicant: . Associates, Legend i � • f i � tP � °� o< Y' +h X� r yw 4 - e > G ]r . rest h,r� i'.•rwrTt^'.^�"4�{,. "L /> y �9 -mmC r si A Y k y r P7{,A ' ,,}nJ. a�'Mwl 4t 2Y 7 C� =•!. US HIGH 287 : WAY 89, 88, & PROPOSED SITE PLAN OF 0.8551 ACRE TRACT OR PARCEL OF LAND . :• :•- : .•_ : : .- : W.B. DYCHES SURVEY, ABSTRACT NO. 17 . .: .:_. -...>j .- -�-:. JEFFERSON COUNY, TEXAS :- ... •. 4"-.-•: _ — -- ' •CENT WNE OF D=M ORUN4GE DITCH -4 DHE- We __ _ .- L FOU _1Jtl:l7'24'yG_193.02c-- f377 I � -_ nn AREA t ao � LANDSCAPE AREA ROD AV F---- 7 25'6LDG 9E v --: PERPE Y bSE4IENT PER CITY OF _ • 40.00 I 7.90' CAGED 1.1470 ACRES 7.50' • _ •' TRACT Of 4. I s:•9b.00'.-:' I CF�No.200 LYM CALLED 7.6464 ACEES � I - : I ••• OPRX a� TRACT/ 4D I : .:.• ,:-•• I �'tZ 9IRr LABRIE&SIMON tAaaE i '30�oFTCE° •'' JsDFr I 1.1842 ACRES CF.Na 20OW49854 } .- rn pa I 0.851 ACRES Xm I :. ... .,. . —I ----- ------ s,sbE sLTa/ur 143 ACI>ES me A NORt1oN a: • _• r I PER CITY OF MVVW FOW ND'T.3 Ha mwa .. •' liGFIT CF 190; am am,9L UL � __t +• I VOL I-MZ Pa 464 IJU.Fa 4W 1 �-•3'570E SE181GT m CITY OF 6EItLNOYf .. I 7 ACRES i ' ' i�j�aF meow IE W LAM&S?iVM LAW I plioAC Ammo AIDNT OF MY CF.ma 2cosomm UAW MOT OL WL aVW GAS k OL fr- t TrfAR_�c�4 ----°---11W.YHI----------------------- ' 19-DF -------------- FC N0. 103-96-2497 20'STRIP-REMMW OF -I-------------- ••-' -• �6 �EtIAgNT I AILV+O0NE0 t00'SOUTHERN PACIHTC I TEARY UH2E dr IOPRIC OPRIC LOK COI�ANY RAQ.RO40 RtGHR OF WAY = Ap6'42'iJ'19 196.69' L R0D ty/CAp II. THERE ARE NO PROPOSED SIGNS SET S/6• NO 4213 .14 .1.� 5 L OR FVXE ON PROPM -�'•-�' w P. 0. BOX 5492 y ,...-T •_. :4t BUUNONT. TEXAS 77M- 5492 OLD VOTH ROAD 409-899-0421 t (W JIM ENOBLE6B6. 37mO EASM MY. SURYEYOB6. AND PLANNERS DU MO.409-02-1346 MM W2010\10-070\f0-070NEW8L0GS.DWG\CDD *Approval subject to the following conditions: • Install a six(6)foot wide landscape strip along the Eastex Freeway frontage of the parking lot. • Install sidewalks along the property frontages on Eastex Freeway and Old Voth Road. 6 April 27,2010 Consider a request for an amended specific use permit to allow an additional office/warehouse in a GC-MD(General Commercial-Multiple Family Dwelling)District for property adjacent to 10935 Eastex Freeway RICH WITH OPPORTUNITY BEAUMO N* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C�,3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 27, 2010 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow an additional office/warehouse in a GC-MD (General Commercial-Multiple Family Dwelling)District for property adjacent to 10935 Eastex Freeway. RECOMMENDATION The Administration recommends approval of the amended specific use permit request, subject to the following conditions: • Provide a six(6)foot wide landscape strip along the Old Voth Road frontage of the parking lot. • Install a sidewalk along the property frontages on Old Voth Road and Eastex ,Freeway. BACKGROUND Mark W. Whiteley&Associates,Inc., has applied for an amended specific use permit. In February, 2008, City Council approved a specific use permit to allow two 4,950 sq. ft. office/warehouse buildings on 1.18 acres of property at 10925 and 10935 Eastex Freeway. The property owner would now like to build an additional 2,000 sq. ft. office/warehouse in front of 10935 Eastex Freeway. The proposed building would include 560 sq. ft. of office space and 1,440 sq. ft. of warehouse. Five additional parking spaces will be provided. At a Joint Public Hearing held April 19, 2010,the Planning Commission recommended 4:3 to approve an amended specific use permit to allow an additional office/warehouse in a GC-MD (General Commercial-Multiple Family Dwelling)District for property adjacent to 10935 Eastex Freeway, subject to the following conditions: • Provide a six(6) foot wide landscape strip along the Old Voth Road frontage of the parking lot. • Install a sidewalk along the property frontages on Old Voth Road and Eastex Freeway. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO HENRY LABRIE TO ALLOW AN ADDITIONAL OFFICE/WAREHOUSE IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY ADJACENT TO 10935 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on February 26, 2008, City Council approved Ordinance No. 08-019 issuing a specific use permit to Henry LaBrie to allow office/warehouses in a GC-MD (General Commercial-Multiple Family Dwelling) District located on the west side of Eastex Freeway, approximately 184' north of Tram Road, Beaumont, Jefferson County, Texas; and, WHEREAS, the applicant, Henry LaBrie, wishes to amend the specific use permit to allow an additional office/warehouse on property adjacent to 10935 Eastex Freeway, as described in Exhibit"A" and shown on Exhibit"B"attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow an additional office/warehouse in a GC-MD (General Commercial-Multiple Family Dwelling) District for property adjacent to 10935 Eastex Freeway; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance No. 08-019 be amended by amending the specific use permit granted to Henry LaBrie, his legal representatives, successors, and assigns for that certain tract shown on Exhibit"B" attached hereto and made a part hereof for all purposes, to allow an additional office/warehouse for property located adjacent to 10935 Eastex Freeway. Section 2. Notwithstanding the site plan attached hereto as Exhibit"C",the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance No. 08-019 and the regulations contained in Chapter 30 of the Code of Ordinances of the City 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 Beaumontthis the 27th day of April, 2010. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 1.1842 acre tract or parcel of land situated in the W.B. Dyches Survey, Abstract No. 17, Jefferson County, Texas and being out of and part of that certain called 23.66 acre tract of land as described in a deed from Kirby Lumber Corporation to Emery Best and wife, Leland Hendrix Best as recorded in Volume 964, Page 110,Deed Records, Jefferson County,Texas and being out of and part of that certain called 5.43 acre tract being of a portion of the former 100 foot wide T. &N. O. Railroad right-of-way, now abandoned, as described in a deed from Southern Pacific Company to Emery Best and wife, Leland Hendrix Best as recorded in Volume 1342, Page 486, Deed Records, Jefferson County, Texas, the same being that certain called. 5.43 acre tract of land as described in a deed from Kirby Lumber Corporation to Emery Best and wife,Leland Hendrix Best as-recorded in Volume 1342, Page 484, Deed Records,Jefferson County, Texas and also being out of and part of that certain called 10.02 acre tract of land, identified as Tract 2, as described in a"Warranty Deed with Vendor's Lien" from Rebecca Anne Best to Emery Randolph Best as recorded in Film Code No. 102-54-2500, Official Public Records of Real Property,Jefferson County, Texas, and being out of and part of that certain called 30 foot strip of land being part of the West one-half('/Z)of the former 100 foot wide Southern Pacific Company Railroad right-of-way as described in a deed from Kirby Lumber Corporation to Emery Best and Leland Hendrix Best as recorded in Volume 1522,Page 186,Deed Records,Jefferson County,Texas,and being out of and part of the West 20 feet of the West one-half('/2) of the former 100 foot wide Southern Pacific Company Railroad right-of-way, and furthermore being out of and part of that certain called 7.8464 acre tract of land, identified as TRACT II,as described in a "Special Warranty Deed with Vendor's Lien"from Nancy Best to Henry Labrie and Sharon Labrie as recorded in Clerk's File No. 2006049854, Official Public Records of Real Property, Jefferson County,Texas and out of and part of that certain called 1.0797 acre tract, identified as TRACT V, and that certain called 0.7281 acre tract of land, identified as TRACT VIII,as described in a"Deed without Warranty"from Nancy Best to Henry Labrie and Sharon Labrie as recorded in Clerk's File No. 2006049856, Official Public Records of Real Property, Jefferson County,Texas, said 1.1842 acre tract being more particularly described as follows: NOTE: All bearings are based on the most Northerly East line of the that certain called 14.183 acre tract as recorded in the above referenced Film Code No. 102-54-2500, Official Public Records of Real Property,Jefferson County, Texas as SOUTH 11'15'00 EAST. BEGINNING at a %Z" iron rod in concrete found for the Southeast comer of the tract herein described, said corner also being the Southeast corner of the said 7.8464 acre Labrie tract and the Northeast corner of that certain called 1.1470 acre tract of land, identified as TRACT IX, as described in a"Special Warranty Deed with Vendor's Lien" from Darby Gas and Oil Company to Starmart No. 2, Ltd. as recorded in Volume 2001043422, Official Public Records of Real Property, Jefferson County, Texas and said corner also being in the West right-of-way line of U. S. Highway 69, 96 and 287; EXHIBIT "A" THENCE SOUTH 78 023'29" WEST, for the boundary between the tract herein described and the said 1.1470 acre Starmart No. 2, Ltd. tract, for a distance of 267.99 feet to a 5/8" iron rod with a cap found for corner, said corner being the Northwest corner of the said 1.1470 acre Starmart No. 2, Ltd.tract and the Southwest corner of the said 0.7281 acre Labrie tract and also being in the East right-of-way line of Old Voth Road(based on a width of 60 feet); THENCE NORTH 08042'13" WEST, along and with the East right-of--way line of Old Voth Road and the West line of the said 0.7281 acre Labrie tract, for a distance of 196.69 feet to a 5/8" iron rod set for corner; THENCE NORTH 78 042'36" EAST, over and across the said 0.7281 acre Labrie tract, the said 1.0797 acre Labrie tract and the said 7.8464 acre Labrie tract,and perpendicular to the West right-of-way line of U.S. Highway 69, 96 and 287,for a distance of 259.11 feet to a 5/8" iron rod set for corner, said corner being in the West right-of-way line of U. S. Highway 69, 96 and 287; THENCE SOUTH 11°17'24"EAST, along and with the West right-of-way line of U. S. Highway 69, 96 and 287, for a distance of 195.00 feet to the POINT OF BEGINNING and containing 1.1842 ACRES, more or less. it 2 2 : Request for an amended specific use permit to allow an additional office- warehouse in a GC-MD (General Commercial-Multiple Family Dwelling)District. Location: Adjacent to 10935 Eastex Freeway Applicant: Mark. W.Whiteley&Associates, Inc. 0 50 100 200 Feet n's i k fit. Z r,,fi1 '�L �"� r _ ;��t, P,k" r' x •'�� .*<ttb�,,K, ;�. Legend 2025P P M Yl ������� � k _3'� �y`��ti +f+ ��f' •.}: c,Gr. .Nei 4 A• ,,.•Y•.•p c � x� ^�xv� N �•�. f w'� xi"i8,�^.i'k)••^."3:i ,4��t i t i r x �Xis. '�.0�°1�5��' £4{t V• fig.n' 1 c a ?�"d � i3 •�xa u• O IG 4z t 'G :. O s i�F 3 •'(v C] c 'is •+:Y�. b � }_. .cam,' _ � "V t� ,F�S� 4�'g�'��h f/ + L c� ,; �* „`j��,� „x. a ;y,T.X 4 �vs �',. �• r . '"+¢t94,r s-� .i '!�'�7 t ��r ut{"a Lf `�' ,�^5 ' ¢�. �•�+f"i 'Y" v. K pY�� � ;f a.� �,!'".', .:;.t J3�kk w..["t �u iw4�"}+L� �w$�13`�.. r 7! �y)� f•�Y � ���•'� Y �} .,Sy 1i'7T+n..::... �dt,r".F ✓ L q t x'„„�yy'�.•'h C� t ;. ,y 4�'•��•t vpYt�' n„r�`a...ti' �"Y4 {r r �,r'S't 1 ��+: °�,r.+�`"�►�� x � 5 .�n�'4tirx, C�,�r' yyi a^'V3 } *”'m!^t1 •k k W t 5 Y••R''' ,iXpi'�i � e`4• ,.*.+:",�� 'sx t a a 73 �' �a�'r: •� y r 51.. 4vc - r �a 7n3, i 4 �c .' 35 .;�;>'_: F.vt;r " „4, fi,b ''�fS✓ ; �r,x•"F, w J r r74�Rs ra 4.k�,�,,�tC "^C� k D fbiv t, }R s' r �t syF � r vs - t4 z tom."" � a'ay'L. ss�•.� h1 '+4wr- �+a. r~rr }.;. K1^`',Jy >• <� a+4 t4,Y ni 1...¢' 't �v Y tr* .,y rar r Ix "aitm "� c r. •'£ ka y'N >�.••„� ,1�`•Y�t d ra Er W 1 A a i tTa*� �( t,� xn r y 3'�i r k}iS <cs rAr •� :.. F �fi•.,,}'ti�t �� -,a'�s�E_ � �tiv�. k•� ��� x J i sL -x11, ctt e• ,�>yr"{ fir .fi,�'r L 4 5r.:)n �4_ °�°�' ��f v y�'pA•A� cX? '}S".�h, ^ s R GGMD A , r� z rk f C 4r#- .1° F i��.,.J. ,a•x,GLo iv�iF rz * u?X. u�. ci4 � _ �s : rTr„ta.&yr'Y j .CTr Y � r,, •'mow Lt` e, ;gF."9 ��t;t{y�S°s*•�}r•'�SC°' - ,�,"'F�'W ti d''�� ., �;:r f fi i r a�•4�3 t t r '• f�. <t4 �-dv�?������ �c .k k a a � r r a � a f W qi Pi RS EXHIBIT "B" US HIGHWAY 89, 98, & 287 PROPOSED SITE PLAN OF 1.1842 ACRE TRACT OR PARCEL OF LAND W.B. DYCHES SURVEY, ABSTRACT NO. 17 --,. :., _,.. •; : JEFFERSON COUNY, TEXAS -. ;;• . _ _ — CEMIEww of ozwx ORWCf WCH •• -, '"-. ---- — -'-- Sl1'17 24'$ 195.00' ort_ac—��ort •; art—Ort— _ xW !911i P.EIIPEIVAL.QRKwA•r. - CALLED 1.1470 ACRES a. i rmCr 1% - _'�.t-•-'•'•i STARWRTNO.ZU. GY1ID MCI 1 ' -. ••",,.EitVEAIENP�:# i CF.NO.2001043422 FEFRY max#SFFNKN UHJE _-"i �M'•--. t692S i OP&C CF AU 2000M OFRC 1.1849 ACRRAS:•: • 1 sD9 so F< 3441 Fr m 1 44, fr _ ------------------ 347 A04M SOW A F474064 OF 3•SAX S[iB4CK i �':'� ' � S•SUE SETBACK FOIiER ia'7 1:t Na RIIFl71D F4R OlY Of Fa'A1A+cw► - ..i--P-•••. i PER Cm OF BFA WNT � 134Z Fa 464 t 1Q UAZ Fa 466 RYY�4' _ 1 1 me PROPOSED - S9Cf•:- ••• - ' 6AMW QUM 1.0197ACM aff O<AFD PAW Sa R OFrIC£ ;', EAS,RIC 1 #ew L49W#SFMt M LAW a°R 1/2 CF An r 10 mM WAEN4 FADW j l� .. •'♦Y• v NOW FEICE CF.W ZWWfMd RW)m R1M Or W i O'c DOW M.186 i t•' v I _--- ;-41.-r- F3 TSAR SEI81C8 __� LMRBY a4S OR.DEC. 20'S,R1P-REA4AeV0ER Of !------- - ---- ---- -FEHLIIYCF`�ATAidFr Fe N0. 103-96-2457 ABAFKI0FIE0 too SaFDFEBN 1'AC1FlC sET E'`k'14 °� NorEs COMPANY RAILRa4D RKa1r Of wAY G , RD 5 8 1. TNERE ARE NO PROPOSED SM N 421.4. �8 8 E FtO0 w/CAP OR FENCE ON PROPERTY. maw LEGEND: n;:-`. . ;• FfMY L1f;E d SFMROY L1fT4E •- '.. - 1�W.� P. 0. BOX 5402 ♦ _ ♦ _- ♦� ►t : -•.. .. BEAUMONT. TEXAS 77728-6482 6.AD.3pp6pIS876 -EFI6,K4O PAVEMENT - •. OLD VU7'H ROAD 40e-eel-o421 1 anc (60•RM CONBULTMO EMODMWI V FSSf. a-PR'OPOSEO PAVEMENT SURYEYOBS. AND PIANNEBS 0 B2A rl 0NT. TEXAS 77705 (PA%) 40e-8e2-1346 W:2010\10-070\10-070.DWG\CDD *Approval subject to the following conditions: Provide a six(6)foot wide landscape strip along the Old Voth Road frontage of the parking lot. _____Install a sidewalk along the property frontages on Old Voth Road and Eastex Freeway. 7 April 27,2010 Consider a request for a specific use permit to allow business offices in an RCR-H(Residential Conservation and Revitalization-H)District for property located at 2400 Broadway, 2406-08 Broadway, 2410 Broadway, 2444 Broadway and 2455 Broadway RICH WITH OPPORTUNITY BEAUMON* T • Z • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ( )O PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 27, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow business offices in an RCR-H(Residential Conservation and Revitalization-H)District for property located at 2400 Broadway,2406-08 Broadway, 2410 Broadway, 2444 Broadway and 2455 Broadway. RECOMMENDATION The Administration recommends approval of the specific use permit request, subject to the following conditions: • All parking lots must comply with City Standards. • No parking shall be permitted in the front yard of any of the properties. • All metal portable buildings shall be completely screened from any street and with modifications to the landscaping/screening requirements(six (6)foot tall wood screening fence and no landscape buffer along the west property line of 2444 Broadway and eight (8) foot tall wood screening fence and no landscape buffer along the south, east and west property lines of 2455 Broadway). BACKGROUND Deli Management, Inc.,owner of Jason's Deli, has applied for a specific use permit. As Deli Management, Inc. continues to expand Jason's Deli restaurants throughout the country, it has found it necessary to expand its corporate office into nearby buildings on Broadway. The company's original office occupies a two story brick structure at 2400 Broadway. Deli Management currently occupies five(5)buildings on Broadway and one(1)building on Calder. The properties are located within the Oaks Historic District. The Historic District regulations prohibit gravel parking lots,parking in the front yard and metal storage buildings unless they are completely screened from any street view. If and when Deli Management finds the need to expand its offices into other buildings in the RCR-H District, a specific use permit approved by City Council will be necessary. At a Joint Public Hearing held April 19, 2010,the Planning Commission recommended 6:1 to approve a specific use permit to allow business offices in an RCR-H(Residential Conservation and Revitalization-H)District for property located at 2400 Broadway, 2406-08 Broadway, 2410 Broadway, 2444 Broadway and 2455 Broadway, subject to the following conditions: • All parking lots must comply with City Standards. • No parking shall be permitted in the front yard of any of the properties. • All metal portable buildings shall be completely screened from any street BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW BUSINESS OFFICES IN AN RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-H) DISTRICT LOCATED AT 2400 BROADWAY, 2406-08 BROADWAY, 2410 BROADWAY, 2444 BROADWAY AND 2455 BROADWAY 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 Deli Management, Inc., to allow business offices in an RCR-H (Residential Conservation and Revitalization-H) District located at 2400 Broadway,2406-08 Broadway, 2410 Broadway, 2444 Broadway and 2455 Broadway, being Lot 8, Block 26, the East 1/2 of Lot 21, Lots 22-26, Block 27, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 1.12 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 business offices in an RCR-H(Residential Conservation and Revitalization-H) District located at 2400 Broadway, 2406-08 Broadway, 2410 Broadway, 2444 Broadway and 2455 Broadway, being Lot 8, Block 26, the East YZ of Lot 21, Lots 22-26, Block 27, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 1.12 acres, more or less, is hereby granted to Deli Management, Inc., 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: • all parking lots must comply with City Standards; • no parking shall be permitted in the front yard of any of the properties; • all metal portable buildings shall be completely screened from any street; and with modifications to the landscaping/screening requirements (six [6] foot tall wood screening fence and no landscape buffer along the west property line of 2444 Broadway and eight[8]foot tall wood screening fence and no landscape buffer along the south, east and west property lines of 2455 Broadway). 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 Exhibits"B," "C," and "D," 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, 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 Beaumontthis the 27th day of April, 2010. - Mayor Becky Ames - ile 202 -P: Request for a specific use permit to allow business offices is an RCR H (Residential Conservation and Revitalization)District. Location: 2400 Broadway,2406-08 Broadway, 2410 Broadway, 2444 Broadway, 2455 Broadway Applicant: Deli Management,Inc. 0 50 100 200 Feet I i I I Legend CALDER AVE ® 2029P low G D r• 00 BROADWAY ST = N LIBERTY AVE R OWN RG - s EXHIBIT "A" *Approval subject to the following conditions: • All parking lots must comply with City Standards. • No parking shall be permitted in the front yard of any of the properties. --.-- All metal portable buildings shall be completely screened from any street LOT 2 u LOT 4 LOT 3 oad fNU12' FND N90'00'00°W 99.94' c __ __ WK -�-- --i Arj\\ COVERED i LQP 25 y E~ x W _ b C3A\c -i o $ x w uErE,0,�-1.�— E-. g 580' - 7.5t0' °� 9 [+:IMARK . WHITELEY to A\c D ASSOCIATES INCORPORATED G MCK S TING ENGINEERS. ORS, AND PLANNERS Z ice__ 1613.8 SQ.FT. COVERED 11.50' P. 0. BOX 5492 J250 EASTEX FRWY. g BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 L- -- 32.00' 'o I 409-892-0421 (FAX) 409-892-1346 LOT 23 LOT 24 1 COV0: CLIENT: ME DELI MANAGEMENT n x400, xi 2 k IIAY Wr 21, AIL OF TATS V. 23, 2: M. BLOCK 27 FND 1/2' FND NB9'55'19"W 99.94' 2 i VOLUYS1 PBGg8�131 & 132 RM $ 4,SnLEIII( 0 BSAUI[ONT, JK+F WN COUNTY, TWS DR er: coo cK er: APP er: —o�u—oNU—oNU—oxu—awu—ami—aHU—oHU—7—owu—oxu oMU— VER:ACAO 200fi SCALE: SHEET N0: BROADWAY STREET D,TE:JUNE 2006 t"=20' t OF t W:\20011 289 REV. (SO-R.D.W.) '�o6-28s 06— 89.dw o i o , Ja LOT 3 p LOT 6 LOT 5 LOT 4 O(�j' pp� (CALL 171001 FND 1/2' FND N90'00'00"E 175.00' r4O 1 i. ROD V pipr CALCUUTED CORNER o y W / 1' 9 r r I BPoCI( . I 11N Patr r BIALDWG 12.20' I ' / I 0 / • I e I ROCK ' I 12.20' I I 13.7 14.70' c x c , I 24.80' Oi I 17.80' I 6.91 - w. LEPER r 15.43' Oi " I i b " It MARK W. WHITELEY R N� " °j I Bo' ❑ = Pa 18 AND ASSOCIATES _2j I I ❑ wj i4 D7 1.00 " INCORPORATED i o r io CONSULTING ENGINEERS, Z 7 PAItlaNO SPADES REO•U ' I 6 P 1 RE0.0 SURVEYORS, AND PLANNERS ME o B O., 0 Z g j 12444 ' I g /2410 8.80 g �} "+$pARK/ID SPACES REO.D o I � P. 0. BOX 5492 3250 EASTEX FRWY. 6.20' i 124061/24 g I BEAUMONT, TEXAS 77726-5492 BEAUMONr, TEXAS 77703 • I 1.10 409-892-0421 (FAX) 409-892-1346 I 1.10' I I • ' CLIENT: 1 •�' ° DELI MANAGEMENT 1 1' CO �, z5.H0' .3 /�, A �$�pp 'VN2 0 USE PIS�pTpA`T p TLE i^ I LOT zs Ik OF LOT 21, �LDr 21 I '^ • r . ALL OF LOTS 234 & 24, BLACK 27 LOT 21 zz a Lot CF r 700 I I p Rip{ wr sus p ELI wwlGai�R7 MC o AYISRILL ADDTfION "'� / q,, a rG'F--NO, 19�02462J I rN 6F. M20—" N 00)�1� 131 dt 1�'i j I r oPRiC ROCK ( 0 1 1 BBAUI[ONT, l8lF6RSOPI COMM, TE MB / f �t , • L ROD FNO 314' - • ' DR BY: COD CK BY. APP BY: I. PIPE r DR y.- C 2006 SCALE: SHEET NO: 4 I , ,FND N90'00'00"IF 176.52', 4'SOEW � . CAO 200 2006 1"=20' 1 OF 1 \C4LL Ag W 17100 D o'""-- JOB NO. W:\2006\06-289 REV. -pNU-ONV-4111--011U-pN-OHU-mu-OHU-qN-O"II O"U-OHU-a"U-aN-OIN-oMl- g 06-289 06— 89.dwg 0 *Approval subject to the following conditions: • All parking lots must comply with City Standards. • No parking shall be permitted in the front yard of any of the properties. • All metal portable buildings shall be completely screened from any street 0 Vol 20 (CALL 50.001 Vol ° FND N89°49'14'W 50.40' N w coil FND 5/8' r v —v —v —v FND 1' z W° II L ROD 1 D5 0.80' PINCHED PIPE s C w J�JtA W i Z ^ZUWO Q C WW?Wt�n3 TNSSURVEY WAS PERFORMED l ^ P WITHOUT BENEFlT OF CURRENT z 4 0°m a o TITLE COMMRMEWT. o 0 2 to -SLAB BOUNDARY AND IMPROVEMENT SURVEY ONLY, EASEMENTS. s y y IF ANY, NOT RESEARCHED Q c o N° OR SHOWN, WITH THE y x:LE 0 2 v Y 14 EXCEPTION OF THOSE PLATTED. `"z o 4i W Wtr1°W� 17 IX O � ;e4 �~ �� ti Z e w C ac N w LOT 8 P I y tL BLOCK 26 iz J CQ C*0�°^n to,W,-a.. y W D v, R J :" I ' 2tc—WW,K J 0 F= X $.� O C�l zpUO�O�o� f3,-50 (/� �� COCC�WinN"iCi Vr O u W C W v I z=L,2-'Ww a � N tz-zW�m�z Q 1'' z6ao' � s A ,ry�Z2�OO2aC� O C"r p� Zti 0.29' A❑ 2.80 �Q30�0 U 7.40' o v s 'En En O WOOD do FRAME I nZi N BUILDING n s N 1 y SOS 10.001 o s O ELEC. 2.10. � ., U ° METER 26.30. 0.05'- �— W U N O L`a J Vol bb N N •a ° O 0 V � FND // // • bo PI L. PIPE 1. .� N _ , FeND N9 °00 00 50 4 FND N89.58'34 E 260.27' 3 +m+ R1 ' CALL 50.00 1 (CALL 259.90') o nfceF uMEE. � A w BROADWAY STREET to to °a,1 DHE OHE—OHE —OHE aHE— (CALLED BROADWAY AVENUE PER PLAT) O a BACK OF CURB r o d (60' ROW) ate+ r. TO THE OWNERS OF THE PREMISES SURVEYED 2455 BROADWAY STREET p AS OF THE DATE OF THE SURVEY: BEAUMONT TEXAS 77702 O Lot Number Eight (8). Block Number Twenty-six 1 THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY (26), of AVERILL ADDITION, to the City of �^+ MAD£ON TI$SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED Beaumont, Jefferson County, Texas according to HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME the mop or plot as recorded in Volume 1, Page to OF THE SURVEY. 131 do 132 of the Map Records of Jefferson cd County, Texas. 9 DATE SURVEYED: MARCH 16, 2010 O s. ' Owner. Deli Management Inc. � ��•O F•TF Census: 12.00 Q �P G1STg9 -f� In accordance with the Flood Hazard Boundary .W. Q,•„ ,°,;,,,, Mop, Department of Housing and Urban S S.R_OWE Development. •�,O•••5728• •r;'Q Community No.: 485457 9 Panel No.: 0020 C y °Fs s s�°• �� Dote of FIRM: 8-6-02 �O•S U F�J� This property ties in Zone "Y' (white). t Location on map determined by scale Z THOMAS S. ROWE - REGISTERED PROFESSIONAL DTCSURVEYOR No. 5728 on map. Actual field elevation not o determined. Mark W. Whiteley and +MARK . WHITELEY Associates does not warrant nor D ASSOCIATES P. 0. BOX 5492 subscribe to the accuracy or scale BEAUMONT, TEXAS 77126-5492of said maps. INCORPORATED 409-892-0421 Zone `C'(white) are areas determined to be TING ENGINEERS, 3250 EASTEX FRWY. outside 500-year flood plain.ORS, AND PLANNERS BEAUMONT. TEXAS 77703 Q 2009 Mwk w. Wa.ky a AaoCWM.�P*Awvd�n�A4 © F 409-892-1346 of °OCW. es'�:u'te at or profesf&n eery cs u ae poperty r1�i? ( � or uon W.w s Q,Anoaoro.�U ut twi t..nti�oNnoo�v�o copied a Galr3utM,n■hots ar W: 2010 10-149 10-149.DWG1 n.r Ymk w.wMtelev 6vodetee,km EXHIBIT "D" 8 April 27,2010 Consider a request for a specific use permit to allow a restaurant in an NC (Neighborhood Commercial)District at 1695 Franklin RICH WITH OPPORTUNITY BEAU-MO.N* T • Z • X • A • e City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 27,2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a restaurant in an NC (Neighborhood Commercial) District at 1695 Franklin. RECOMMENDATION The Administration recommends approval of the specific use permit request, subject to the following conditions: • A six(6) foot wide landscape strip shall be installed along the Ave. C and Franklin St. frontages of the parking lot. • Provide an eight(8)foot tall wood screening fence and a ten(10) foot wide landscape strip along the south property line. • Provide a ten(10)foot rear yard building setback, a fifteen(15) foot interior side yard building setback and a twenty(20)foot front yard building setback or get a variance to the front, side and rear yard building setbacks from the Board of Adjustment. BACKGROUND Arden Diamantis has applied for a specific use permit. Mr. Diamantis plans to construct a 3,000 sq. ft. commercial building with related parking. The building would contain different suites available for different types of businesses such as,but not limited to, clerical, legal, insurance, office, general merchandise and a restaurant. As for the uses listed, a restaurant would be the only one to require a specific use permit. In November, 2007, Mr. Diamantis received a specific use permit to allow a smaller building for similar uses. However, Mr. Diamantis never developed the property. That specific use has since expired. At a Joint Public Hearing held April 19,2010,the Planning Commission recommended 7:0 to approve a specific use permit to allow a restaurant in an NC (Neighborhood Commercial) District at 1695 Franklin, subject to the following conditions: • A six(6) foot wide landscape strip shall be installed along the Ave. C and Franklin St. frontages of the parking lot. • Provide an eight(8) foot tall wood screening fence and a ten(10)foot wide landscape strip along the south property line. • Provide a ten(10)foot rear yard building setback, a fifteen(15)foot interior side yard building setback and a twenty(20)foot front yard building setback or get a variance to the front, side and rear yard building setbacks from the Board of Adjustment. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT IN AN NC (NEIGHBORHOOD COMMERCIAL)DISTRICT LOCATED AT 1695 FRANKLIN 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 Arden Diamantis to allow a restaurant in an NC (Neighborhood Commercial) District located at 1695 Franklin, being the southwest 118' of Lots 11-12, Block 3, Blanchette Second Addition, City of Beaumont, Jefferson County, Texas, containing 0.27 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 restaurant in an NC (Neighborhood Commercial) District located at 1695 Franklin, being the southwest 118' of Lots 11-12, Block 3, Blanchette Second Addition, City of Beaumont, Jefferson County, Texas, containing 0.27 acres, more or less, is hereby granted to Arden Diamantis, his 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 six(6)foot wide landscape strip shall be installed along the Ave. C and Franklin St. frontages of the parking lot. • Provide an eight (8) foot tall wood screening fence and a ten (10) foot wide landscape strip along the south property line. • Provide a ten (10) foot rear yard building setback, a fifteen (15) foot interior side yard building setback and a twenty (20) foot front yard building setback or get a variance to the front, side and rear yard building setbacks from the Board of Adjustment. 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, 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 27th day of April, 2010. - Mayor Becky Ames - File -P: Request for a specific us a permit to allow a restaurant in an NC (Neighborhood Commercial) District. Location: 1695 Franklin Applicant: Arden Diamantis 0 50 100 200 Feet � 1 I RCR RCR RCR Legend R-S ® 2O3OP 5� u' ��V SRM=H Pi z r ° ' A i s' RM A .r R.. 1 S dF. 4 } t s a r , gyp°k �ffr* 'RA9 H SV V a r O RM Af 9 R-S rE � " h < $ l 4 G t Y, ty> RM-HIK d � l yGF F R-S RM-H. RM-H EXHIBIT "A" N ( i N I N N I 1—STORY ( WOOD FRAME N HOUSE I W N 3 C\l N 2—STORY PROP. 6' LIJ I > WOOD FRAME WOOD FENCE ¢� y N PROP. 4 HOUSE �O SAN. SEWER L — S �— _X _X x� --- - I I ~( N I I �3 SLOP x W( I ( N Z I � O O LIJ i g �I ° o J Z IZ I � — Zx _ WI I� I m w w U, 1—STORY N Q W x BRICK HOUSE ox ( N cc I I I XA ( PROP. 1" I � PRbP. TE x WATERLINE N w I ST�GE s PE TAP BY CITY -- —I- - - - " N 0.00' 50.001 3 w w —w —w w w w— w—w—w—w—w—w—w—w ss EXIST. 6" WATERLINE O � tAVENUE D GO' ROW A5FM CMG *Approval subject to the following conditions: • A six(6)foot wide landscape strip shall be installed along the Ave.C and Franklin St.frontages of the parking lot. • Provide an eight(8)foot tall wood screening fence and a ten(10)foot wide landscape strip along the south property line. • Provide a ten(1 0)foot rear yard building setback,a fifteen(15)foot interior side yard building setback and a twenty(20)foot front yard building setback or get a variance to the front,side and rear yard building setbacks from the Board of Adjustment. EXHIBIT "B" 9 Apri127,2010 Consider a request for a specific use permit to allow a commercial building in an RCR (Residential Conservation and Revitalization)District at 2910 and 2916 Concord RICH WITH OPPORTUHITT BEAUM::0N* T • Z • X • A • 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 27,2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a commercial building in an RCR(Residential Conservation and Revitalization)District at 2910 and 2916 Concord. RECOMMENDATION The Administration recommends approval of the specific use permit request, subject to the following conditions: • Provide an eight(8) foot tall wood screening fence and a ten(10) foot wide landscape strip along the east property line. • Provide a six(6) foot wide landscape strip along the Concord and Renaud frontages of the parking lot. • Install sidewalks along Concord and Renaud. • Provide a twenty-five (25)foot rear yard building setback and a fifteen(15)foot exterior side yard building setback or get a variance to the rear and side yard building setbacks from the Board of Adjustment. BACKGROUND Arden Diamantis has applied for a specific use permit. The request is to allow a 4,260 sq. ft. commercial building that would house commercial uses that would include,but not be limited,to clerical, legal and insurance offices, general merchandise, restaurant and hair and nail salons. In November, 2007, Mr. Diamantis received a specific use permit to allow a restaurant. However,Mr. Diamantes never developed the property. That specific use permit has since expired. At a Joint Public Hearing held April 19,2010,the Planning Commission recommended 6:1 to approve a specific use permit to allow a commercial building in an RCR(Residential Conservation and Revitalization)District at 2910 and 2916 Concord subject to the following conditions: • Provide an eight(8)foot tall wood screening fence and a ten(10)foot wide landscape strip along the east property line. • Provide a six(6)foot wide landscape strip along the Concord and Renaud frontages of the parking lot. • Install sidewalks along Concord and Renaud. • Provide a twenty-five(25) foot rear yard building setback and a fifteen(15)foot exterior side yard building setback or get a variance to the rear and side yard building setbacks from the Board of Adjustment. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COMMERCIAL BUILDING IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2910 AND 2916 CONCORD 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 Arden Diamantis to allow a commercial building in an RCR (Residential Conservation and Revitalization) District located at 2910 and 2916 Concord, being Lots 1- 2, Block 1, Carver Addition, City of Beaumont, Jefferson County, Texas, containing 0.41 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 building in an RCR (Residential Conservation and Revitalization) District located at 2910 and 2916 Concord, being Lots 1-2, Block 1, Carver Addition, City of Beaumont, Jefferson County, Texas, containing 0.41 acres, more or less, is hereby granted to Arden Diamantis, his 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: • Provide an eight (8) foot tall wood screening fence and a ten (10) foot wide landscape strip along the east property line. • Provide a six (6) foot wide landscape strip along the Concord and Renaud frontages of the parking lot. • Install sidewalks along Concord and Renaud. • Provide a twenty-five (25) foot rear yard building setback and a fifteen (15) foot exterior side yard building setback or get a variance to the rear and side yard building setbacks from the Board of Adjustment. 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, 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 27th day of April, 2010. - Mayor Becky Ames - File2031- : Request for a specific use permit to allow a commercial building that would house commercial uses that would include but not be limited clerical,legal and insurance offices, general merchandise, restaurant and hair and nail salons in an RCR(Residential Conservation and Revitalization)District. Location: 2910 and 2916 Concord Applicant: Arden Diamantis o so 100 20o Feet R"s BEATRICE ST Legend ® 2031P R-S 1r RCR 5� PJO C R-s COQ r z; O wO RCR 5� RCR RCR EXHIBIT "A" N 5 1-STORY O -- WOOD FRAME HOUSE �U 4 NI `^ 1—STORY _ = I WOOD FRAME HOUSE t: 4 1—STORY WOOD FRAME HOUSE I ' 3 Z UJ N OLD WOOD FENCE I za I a � N EXIST. 6' 541*3 I' E CO VACANT LOT 3 CHAINLINK FENCE I } N 73.66' 62.80' N I w W 2 I I I � 1113 iI 12 3 LOMBARDO'S I O I TREE SERVICE 30 �- 2 LOT 1 * 2, BLOCK I o VACANT LOT CARVER ADD. I QI BMT. JEFF. CO. TX. I z 3 X- 2916 2G 10 w 2886 S 49' 1 8'E pp STOP 1 _ EXIST. D/W SGN. .TO REMAIN N CONCORD ~ — — RD 100 ROW .— N --C;o . — ss ws_ ss —ss --_ss _EsI ST. 10" SAN. � ER. LL w N__w_—w SS SS —55 ss —S� SS _SS _SS —S LRJ EXI S�, 8" V7ATERLINE w—w —w—w w—w—w—w VACANT LOT VENDING MACHINE SALES ABANDON VACANT LOT TIN STRUCTURE C 24 3 , *Approval subject to the following conditions: • Provide an eight(8)foot tali wood screening fence and a ten(10)foot wide landscape strip along the east property line. • Provide a six(6)foot wide landscape strip along the Concord and Renaud frontages of the parking lot. Install sidewalks along Concord and Renaud. • Provide a twenty-five(25)foot rear yard building setback and a fifteen(15)foot exterior side yard building setback or get a variance to the rear and side yard building setbacks from the Board of Adjustment. EXHIBIT "B" I 10 April 27,2010 Consider a request for a specific use permit to allow a retail clothing shop in an RCR (Residential Conservation and Revitalization)District at 1795 Park Street i RICK WITH OI'POBTUXITY ft' * BEAUMUR - T . Z • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 27, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a retail clothing shop in an RCR(Residential Conservation and Revitalization)District at 1795 Park Street. RECOMMENDATION The Administration recommends approval of the specific use permit request, subject to the following conditions: • Provide six(6)parking spaces including one(1)disabled parking space. • Provide a six (6)foot wide landscape strip along the Irma Street frontage of the parking lot. BACKGROUND Salihah Shearyahshub has applied for a specific use permit. Mr. Shearyahshub states that the property was previously used as a resale shop by her father. The clothing store will be in an existing 1,120 sq. ft. building. He feels that a retail clothing store would be an asset to the neighborhood. Mr. Shearyahshub says that may people in the area do not have adequate transportation to get to other shopping areas. The retail shop will sell clothing for infants/children,juniors and adults. A minimum of three(3) employees will initially be hired. At a Joint Public Hearing held April 19, 2010,the Planning Commission recommended 7:0 to approve a specific use permit to allow a retail clothing shop in an RCR(Residential Conservation and Revitalization) District at 1795 Park Street, subject to the following conditions: • Provide six(6)parking spaces including one(1) disabled parking space. • Provide a six(6) foot wide landscape strip along the Irma Street frontage of the parking lot. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL CLOTHING SHOP IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 1795 PARK STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use permit to Salihah Shearyahshub to allow a retail clothing shop in an RCR (Residential Conservation and Revitalization) District located at 1795 Park Street, being the west Y2 of Lot 8, Lots 9-10, Block 5, Jersey Farm Addition, City of Beaumont, Jefferson County, Texas, containing 0.41 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 retail clothing shop in an RCR (Residential Conservation and Revitalization) District located at 1795 Park Street, being the west 1/2 of Lot 8, Lots 9-10, Block 5, Jersey Farm Addition, City of Beaumont, Jefferson County, Texas, containing 0.41 acres, more or less, is hereby granted to Salihah Shearyahshub, his 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: • Provide six(6) parking spaces, including one(1)disabled parking space. • Provide a six(6)foot wide landscape strip along the Irma Street frontage of the parking lot. 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, 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 27th day of April, 2010. - Mayor Becky Ames - File 2032- : Request for a specific us a permit to allow a retail clothing shop in an RCR (Residential Conservation and Revitalization)District. Location: 1795 Park Street Applicant: Salihah Shearyahshub 0 50 100 200 Feet I i I I Legend ` ® 2032P RCR RCR. CRAIG ST x i RCR M RCR M Z N r a Z IRMA ST s JACKSON ST RCR RCR FAY ST RC- EXHIBIT "A" r ©o Par IV,Cf V l {/ ''`k'' CA coo C �`as5 �1vQC O; 7 r t 4\ } . - :3 6 . *Approval subject to the following conditions: • Provide six(6)parking spaces including one(1)disabled parking space. SWAN& Provide a six(6) foot wide landscape strip along the Irma Street frontage of the parking lot. EXHIBIT "B" 11 April 27,2010 Consider a request for a specific use permit to allow warehousing and storage for boats and RV's in a GC-MD (General Commercial-Multiple Family Dwelling)District at 5080 Washington Boulevard RICH WITH OPPORTUNITY BEAUMON* T • $ a * A • 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 27, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow warehousing and storage for boats and RV's in a GC- MD (General Commercial-Multiple Family Dwelling) District at 5080 Washington Boulevard. RECOMMENDATION The Administration recommends approval of the specific use permit request, subject to the following conditions: • The applicant shall install an eight(8)foot tall wood screening fence and a ten (10)foot wide landscape strip along the north property line and landscaped berms along the front width of the property. • A sidewalk will be installed along the property frontage on Washington BACKGROUND Kelley Family Investments,Ltd. has applied for a specific use permit. The applicant intends to build two 7,200 sq. ft. storage buildings on the subject property. The buildings will be used for the storage of boats and RV's. The applicant intends to construct an 8' tall wood screening fence along the north property line. RS (Residential Single Family Dwelling)zoning is located north of the subject property. At a Joint Public Hearing held April 19,2010,the Planning Commission recommended 5:0 to approve a specific use permit to allow warehousing and storage for boats and RV's in a GC-MD (General Commercial-Multiple Family Dwelling)District at 5080 Washington Boulevard. request, subject to the following conditions: • The applicant shall install an eight(8) foot tall wood screening fence and a ten (10) foot wide landscape strip along the north property line and landscaped berms along the front width of the property. • A sidewalk will be installed along the property frontage on Washington BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW WAREHOUSING AND STORAGE FOR BOATS AND RVs IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 5080 WASHINGTON BOULEVARD 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 Kelley Family Investments, Ltd., to allow warehousing and storage for boats and RVs in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 5080 Washington Boulevard, being Tract 5-R, Plat B-18, C. Williams Survey, Abst. 59, City of Beaumont, Jefferson County, Texas, containing 0.90 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 warehousing and storage for boats and RVs in a GC- MD (General Commercial-Multiple Family Dwelling) District located at 5080 Washington Boulevard, being Tract 5-R, Plat B-18, C. Williams Survey, Abst. 59, City of Beaumont, Jefferson County, Texas, containing 0.90 acres, more or less, is hereby granted to Kelley Family Investments, Ltd., 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: • The applicant shall install an eight (8)foot tall wood screening fence and a ten (10) foot wide landscape strip along the north property line and landscaped berms along the front width of the property. • A sidewalk will be installed along the property frontage on Washington. 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, 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 27th day of April, 2010. - Mayor Becky Ames - ITHe 2023-P: R' 1 1 specific 1 ' 1 1 II 1 ' r 11 1 . ' ' 1 11 , 1 ' I II (General Connnercial-Multiple it Dwelling)District. Location: I ; I Washington Applicant: Investments, 1 50 100 200 Feet Legend CANYON CIR n� t ti�,svv���`k��5�"•Fi� �,�C���j"FYx�N' r R�� w,+. Y x �a�:, =• s � *'� �a<r���Jam':,-,i�,;, F,r . 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Fi46 NwA� *Approval subject to the following conditions: • The applicant shall install an eight(8)foot tall wood screening fence and a ten(10)foot wide landscape strip along the north property line and landscaped berms along the front width of the property. • A sidewalk will be installed along the property frontage on Washington EXHIBIT "By" 12 April 27,2010 Consider a request for a specific use permit to allow a parking lot in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 1034 Colorado Avenue RICH WITH OPPORTUNITY BEAUMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager CI PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 27, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a parking lot in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District at 1034 Colorado Avenue. RECOMMENDATION The Administration recommends approval of a specific use permit, subject to the following conditions: • Provide a six (6)foot wide landscape strip along the parking lot frontage on Colorado Avenue. • The owner shall provide to the City of Beaumont a instrument of record from Jefferson County that states that the twenty-two (22)parking spaces located at 1034 Colorado Avenue, Lot 5, Block 4, Lamar Addition will be used for exclusive parking for the business at 4637 Rolfe Christopher Drive,Lot 30, Block 1,Lamar Addition. • Drainage of the parking lot must be in conformance with the City's requirements. • Install a sidewalk along the property frontage on Colorado. BACKGROUND Bobby Patel has applied for a zone change. Bobby Patel,the owner of both the vacant lot at 1034 Colorado and the Kampus Korner Restaurant at 4637 Rolfe Christopher, has applied for a specific use permit to allow the construction of a parking lot in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. The purpose of the parking lot will be to provide additional parking for the restaurant on Rolfe Christopher. The Kampus Korner Restaurant is being remodeled. Only a limited number of head-in parking spaces is provided at the front of the restaurant. The new parking lot would provide much needed parking approximately 260 feet away from the restaurant. At a Joint Public Hearing held April 19, 2010,the Planning Commission recommended 6:1 to approve a specific use permit to allow a parking lot in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District at 1034 Colorado Avenue, subject to the following conditions: • Provide a six (6) foot wide landscape strip along the parking lot frontage on Colorado Avenue. • The owner shall provide to the City of Beaumont a instrument of record from Jefferson County that states that the twenty-two (22)parking spaces located at 1034 Colorado Avenue, Lot 5,Block 4, Lamar Addition will be used for exclusive parking for the business at 4637 Rolfe Christopher Drive, Lot 30,Block 1,Lamar Addition. • Drainage of the parking lot must be in conformance with the City's requirements. • Install a sidewalk along the property frontage on Colorado. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PARKING LOT IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT LOCATED AT 1034 COLORADO 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 Bobby Patel to allow a parking lot in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 1034 Colorado Avenue, being Lot 5, Block 4, Lamar Addition, City of Beaumont, Jefferson County, Texas, containing 0.15 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 parking lot in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District located at 1034 Colorado Avenue, being Lot 5, Block 4, Lamar Addition, City of Beaumont, Jefferson County, Texas, containing 0.15 acres, more or less, is hereby granted to Bobby Patel, his 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: • Provide a six (6) foot wide landscape strip along the parking lot frontage on Colorado Avenue. • The owner shall provide to the City of Beaumont a instrument of record from Jefferson County that states that the twenty-two(22)parking spaces located at 1034 Colorado Avenue, Lot 5, Block 4, Lamar Addition will be used for exclusive parking for the business at 4637 Rolfe Christopher Drive, Lot 30, Block 1, Lamar Addition. • Drainage of the parking lot must be in conformance with the City's requirements. • Install a sidewalk along the property frontage on Colorado. 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, 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 27th day of April, 2010. - Mayor Becky Ames - ' I 1 1 ' I 1 ' 11 1 1 1 . I i 1 , (General 1111 ' 11 le Family Dwelling-2) 1 1 1 ( ' Colorado Avenue Applicant: WLH 1 1 i t Inc. 1 50 100 200 eet .,�xr•om^-• 7, ��: ...........ki't.. t..777 ir> 7 77771: it tP A 7i t r V • Arj.G)�,�'3 a;Y ., y f f �r 2 • '+, F i ci IL !� �r k s + d1 1a a d 7� uFl rY.✓rte. �l ur �y �J� - .. A���sqa�w 100L�tl�ALIIOR��n�7r^.. J14WJ rYQ ... Bit Lorron4 a A �• rte. ..+.���.� SECTION A. .t , �.•pppn 19E .... •. - }a4. t 1. .:J-3ri;' .. .. .. . .. y_ $ R N ._. � ,.::n •.y.rtTy'.'C"::YY:::.' -..Jri�+,: �Y:ti ni-: , RESTAURANT SEATING' :96:D`';:" • . A I�t3 OCCUPANCY FwsrEOUGaroNpeccnFCrtwxori gg PARKING REQUIRED 24 SPACED EXISTING PARKING 17:SPAOELNG ADDITIONAL PARKING• 2?SPACES. TOTAL PARKING AVAILABLE? .39 SPACES SM *Approval subject to the following conditions: "-- Provide a six(6)foot wide landscape strip along the parking lot frontage on Colorado a Avenue. M The owner shall provide to the City of Beaumont a instrument of record from X parking s aces located at 1034 ° = Jefferson County that states that the twenty-two(22)p g P W Colorado Avenue,Lot 5,Block 4,Lamar Addition will be used for exclusive parking for the business at 4637 Rolfe Christopher Drive,Lot 30,Block 1,Lamar Addition. z Drainage of the parking lot must be in conformance with the City's requirements. K �t 0 Install a sidewalk along the property frontage on Colorado. - _-- :o nAAwualmra+FA erona' A�r� .. I :o +f .. SITEPAR 771 ADDRDNAL PARKIN . .. LOT 1034 KAMPUS KORNER C ■ ROLE . 'CkiRiSTOPNER:'DR:. 13 April 27,2010 Consider approving an interlocal agreement to enter into a contract for EMS debt collection services RICH WITH OPPORTUNITY BEA11M011* T • E ,. X • A • s City g_Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager cQ� PREPARED BY: Laura Clark, Chief Financial Officer0Z­' MEETING DATE: April 27, 2010 REQUESTED ACTION: Council consider authorization of an interlocal agreement with the Town of Flower Mound, Texas. RECOMMENDATION Administration recommends the authorization of an interlocal purchasing cooperative agreement with the Town of Flower Mound, Texas to enter into a contract with Emergicon LLC, for EMS debt collection services. BACKGROUND The Town of Flower Mound has awarded a contract to Emergicon LLC, in compliance with bidding requirements of the State of Texas to provide EMS debt collection services. Terms and conditions of the contract extend prices and volume discounts to other governmental entities as permitted under Chapter 791 of the Texas Government Code. Participation in the contract requires a joint purchasing interlocal cooperative agreement between the governmental entities. A copy of the agreement is attached for your review. BUDGETARYIMPACT None. I RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Purchasing Cooperative Agreement, substantially in the form attached hereto as Exhibit "A,"with the City of Flower Mound, Texas,which would allow participation in a contract with Emergicon LLC for EMS debt collection services. PASSED BY THE CITY COUNCIL of the City of Beaumontthis the 27th day of April, 2010. - Mayor Becky Ames - INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made and entered into this day of April, 2010, by and between the City of Beaumont, Texas (hereinafter called "BEAUMONT"), and the Town of Flower Mound, Texas (hereinafter called "FLOWER MOUND"), each acting by and through its duly authorized officials: WHEREAS, BEAUMONT and FLOWER MOUND are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, BEAUMONT and FLOWER MOUND wish to enter into this Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which BEAUMONT and FLOWER MOUND may purchase various goods and services commonly utilized by each entity; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of BEAUMONT and FLOWER MOUND through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, BEAUMONT and FLOWER MOUND have current funds available to satisfy any fees owed pursuant to this Agreement; NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; BEAUMONT and FLOWER MOUND agree as follows: 1. BEAUMONT and FLOWER MOUND may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts. 2. BEAUMONT and FLOWER MOUND shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. BEAUMONT and FLOWER MOUND shall each make their respective payments from current revenues available to the paying party. 3 . Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by any party upon thirty (30) days written notice to the other participating entity(ies). 4. The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto. EXHIBIT "A" 5. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 6. This Agreement shall become effective on the day and year first written above (the "Effective Date"). The primary term of this Agreement shall be for one (1) year, commencing on the Effective Date, terminating one (1) year later, and shall thereafter automatically renew for successive one-year terms, unless terminated according to the terms set forth in Paragraph 3. 7. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this agreement. 8 The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. 9. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. 10. This Agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. 11. This Agreement shall be binding upon>the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. 12. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 13. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. EXECUTED hereto on the day and year first above written. CITY OF BEAUMONT TOWN OF FLOWER MOUND Kyle Hayes, City Manager Jody A. Smith, Mayor ATTEST: Tina Broussard, City Clerk Paula Paschal, TRMC Town Secretary APPROVED AS TO FORM: Terrence S. Welch, Town Attorney STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the _day of , 2010, by of the City of Beaumont, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the _ day of , 2010, by of the TOWN OF FLOWER MOUND, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public in and for the State of Texas 14 April 27,2010 Consider approving a contract for outsourcing the debt collection services for designated EMS accounts RICH WITH OPPORTUNITY IIEA,UMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: April 27, 2010 REQUESTED ACTION: Council consider authorizing a contract for outsourcing the debt collection services for designated EMS accounts. RECOMMENDATION Administration recommends the authorization of a contract with Emergicon LLC, of Dallas, for debt collection services for designated EMS accounts. BACKGROUND The Town of Flower Mound has awarded a contract to Emergicon LLC, in compliance with bidding requirements of the State of Texas to provide EMS debt collection services. Terms and conditions of the contract extend prices and volume discounts to other governmental entities as permitted under Chapter 791 of the Texas Government Code. Participation in the contract requires a joint purchasing interlocal cooperative agreement between the governmental entities. Currently,the Cash Management Division of the Finance Department handles the billing and debt collection services related to EMS accounts. After the City has exhausted all collection efforts, accounts are sent to the contracted collection agency, currently Municipal Services Bureau of Austin, as a last attempt to collect unpaid balances owed by individual customers. These accounts are usually turned over to the collection agency after they are at least 90 days delinquent. All amounts collected by the collection agency are subject to a 19.5%collection fee. Emergicon LLC,provides medical control services,billing and collection services, continuing education programs, continuous quality improvement services and other clinical support services. Emergicon LLC, will not duplicate any services performed by City Staff or the current collection agency. Emergicon LLC, specializes in finding previously unidentified sources of payment and will provide additional review and clarification for accounts billed to commercial insurance companies, Medicare and Medicaid. The City will also utilize Emergicon's continued education programs and continuous quality improvement and clinic support services. Emergicon LLC, charges 18%of the total amount collected on the account if the account is older than 180 days and 6% if the account is less than 180 days old. Emergicon LLC April 27, 2010 Page 2 The service agreement is attached for your review. BUDGETARY IMPACT In FY 2009, the City billed $5.1M in charges related to EMS and collected$2.7M or 53%. After being ninety(90) days past due, a total of$1.6M in billings was sent to the collection agency, with$32,000 being collected. After entering into the contract with Emergicon LLC, it is anticipated that we will collect $200,000 to $250,000 during the first year of the contract, resulting in fewer accounts being turned over to the collection agency. 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, substantially in the form attached hereto as Exhibit "A," with Emergicon LLC, of Dallas, for EMS debt collection services. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of April, 2010. - Mayor Becky Ames - EMERGICON SERVICE AGREEMENT This Service Agreement (this "Agreement") is entered into by and between Emergicon, LLC, a Texas corporation ("Emergicon"), and the City of Beaumont, the provider of emergency medical and/or ambulance transportation services set forth on the signature page hereto (the "Provider"). RECITALS WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal agreements between and among local governments; and WHEREAS, Emergicon has a contract with the Town of Flower Mound, Texas signed August 6, 2007; WHEREAS, Emergicon provides medical control services, billing and collections services, continuing education programs, continuous quality improvement services and other clinical support services (the "Services") to fire departments, ambulance providers, and other medical emergency services; WHEREAS, Provider, as part or all of its overall activities, provides emergency and/or non-emergency medical and ambulance services, including emergency medical responses, and other patient encounters and/or patient ambulance transportation (the "Ambulatory Services"); and WHEREAS, Provider is desirous of obtaining the Services of Emergicon. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: ARTICLE ONE TERM AND TERMINATION 1.01 Term. Subject to the terms and conditions set forth herein and except as provided in Section 1.02, the initial term of this Agreement shall be for a period of two (2) years from the date of this Agreement (such initial term, together with all extensions thereof, shall be referred to herein as the "Term") This Agreement shall automatically renew at the end of the current Tenn for a successive two-year Tern unless either party gives written notice of its intention not to renew sixty (60) days before expiration of the current Term. 1.02 Termination. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by either party, without cause and without liability (except for continuing obligations during such period), upon thirty (30) days advance written notice to the other party. 1.03 Obligations During Notice Period. During the 30-day notice period specified in Sections 1.02, Emergicon shall be entitled to receive compensation for all Accounts (as defined EMERGICON SERVICE AGREEMENT Page 1 EXHIBIT "A" in Section 2.01) billed and/or collected with respect to the Services and for all other activities performed pursuant to this Agreement, and shall be entitled, after the end of the termination period to receive compensation for all amounts billed during the termination period but not collected until after the end of the termination period. 1.04 Obligations on Termination. Upon termination of the Agreement, for whatever cause, Emergicon will immediately return all original medical records to Provider and may, at Emergicon's sole discretion, provide to Provider a digital copy on a CD-ROM of all paper records related to Provider. 1.05 Mailing of Notices. Any notice required or permitted pursuant to this Agreement shall be in writing and shall be deemed sufficient when delivered personally or sent by telegram or fax or forty-eight (48) hours after being deposited in the U.S. mail, as certified or registered mail, with postage prepaid, addressed as follows: (a) If to the Provider: City of Beaumont P O Box 3827 Beaumont, TX 77704-3827 Attention: Todd Simoneaux Fax: (409) 880-3132 (b) If to Emergicon: ' Emergicon, LLC PO Box 180446 Dallas, Texas 75218 Attention: Christopher Turner Fax: (214) 328-0749 Each party shall be entitled to specify a different address by giving five days written notice to the other party. All such notices and communications shall be deemed to be received the same day if by fax (provided the sender has a fax machine/fax database generated proof of receipt) and in three (3) business days if by mail. ARTICLE TWO BILLING&COLLECTIONS 2.01 Billing?. During the Term, Emergicon shall be responsible for the billing of charges and fees relating to the Services as directed by and provided by Provider (those fees billed by Emergicon will be received directly by the Provider), including, but not limited to, private insurance, Medicare, Medicaid, and other governmental programs relating to: (a) patient encounters that occur during the Term; and EMERGICON SERVICE AGREEMENT page 2 (b) other patient encounters forwarded to Emergicon for billing. (Note: each set of such charges and fees for the Services related to an individual patient encounter may be referred to herein as an "Account" or, collectively, the "Accounts"). 2.02 Compensation. In consideration for Emergicon providing the Provider with the agreed upon billing services described in this Article Two, the Provider will pay Emergicon eighteen percent (18%) of the total amount collected on the Account if the Account is older than one hundred eighty (180) days from the date of service. If the Account is less than one hundred eighty (180) days from the date of service the Provider will pay Emergicon six percent (6%) of the total amount collected on the Account. All fees shall be payable monthly within fifteen (15) days of receipt of invoice. 2.03 Copies of Records. From time to time, Emergicon may receive requests from patients or the representatives of patients for copies of treatment records. Emergicon will forward all requests for medical records to Provider. The Provider shall be responsible for responding to all such requests. 2.04 Records of Patient Encounters. (a) Provider shall use its reasonable best efforts to forward all requested medical records of each patient encounter to Emergicon within ten (10) days of such patient encounter. Such records shall be deemed to be the property of Provider, but Emergicon shall have the right to duplicate and retain paper or electronic copies of the records. If the records exist only in electronic form, each electronic copy shall be deemed to be an original for the purposes of this Agreement. Provider shall have no obligation to forward original medical records during the 30- day notice period regarding termination as set forth in Paragraph 1.02. (b) Provider acknowledges that Emergicon has no responsibility for complying with all provisions of Title 42 C.F.R. Section 410.40 which states, in part, that an ambulance service bears the responsibility for obtaining Physician Certification Statements ("PCS's"). Provider further understands and concurs that Emergicon is neither an ambulance service nor an ambulance provider within the definitions as set forth by the Centers for Medicare and Medicaid Services. 2.05 Requests for Copies. Requests for copies of medical records should be submitted directly to the Provider and they may authorize release of the records such that the release is in accordance with the standards and time requirements established by State and Federal law, including but not limited to the requirements of Section 773.091 Texas Health and Safety Code. 2.06 Activity Reports. Emergicon shall provide to Provider a monthly report of all billing activities that occurred during the preceding month. i 2.07 Information Received by Provider. To the extent that Provider receives payments or original copies of documentation directly, Provider shall forward to Emergicon copies of EMERGICON SERVICE AGREEMENT Page 3 checks, Explanations of Benefits and/or other documentation within five (5) days of the date of receipt of payment by Provider. 2.08 Support Services. Emergicon will provide patients and personnel of Provider with telephone support services during normal business hours (Monday - Friday from 9:00 a.m. to 5:00 p.m.) except on public holidays or other holidays as established by Emergicon. 2.09 Obligation for Pam. Payment in accordance with this Article Two shall be due and owing to Emergicon by Provider for all Accounts collected during the Term and collected after the Term but billed during the Term by Emergicon regardless of whether payment was made to Emergicon or to Provider. Emergicon and Provider agree that the purpose of this Section 2.09 is to guarantee that Emergicon is the only provider engaging in billing services on behalf of Provider. Emergicon acknowledges that the Provider has an existing contract for Accounts that are considered delinquent or in a "collections service" status and will not bill for those Accounts; no payment shall be made to Emergicon for accounts that are collected under the City's contract for collection services. ARTICLE THREE INDEMNIFICATION AND FIDELITY BOND 3.01 Emergicon's Indemnification. Emergicon shall indemnify and hold harmless Provider from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from Emergicon's performance of activities pursuant to this Agreement, but only to the extent caused by the willful misconduct or the negligent acts or omissions of Emergicon. The indemnification provided for herein shall not be applicable to any claim of adjustment or request for reimbursement made by an insurance company or any servicing agency for Medicare or Medicaid that may be made as the result of an audit of claims made or governmental regulations or laws, including Emergicon's fees charged, except for any adjustments or claims for reimbursement made as a direct result of Emergicon's error. 3.02 Fidelily Bond. Emergicon shall keep and maintain during the term of this Agreement a fidelity bond with a qualified insurer of no less than $10,000.00. 3.03 Insurance. Emergicon shall keep and maintain during the term of this Agreement Errors & Omissions Liability insurance with a qualified insurer of no less than $1,000,000.00. ARTICLE FOUR CONFIDENTIALITY 4.01 Property of Emergicon. Provider agrees that Emergicon's equipment, computer hardware and software, billing and collection processing, and other related systems and equipment are the property and trade secrets of Emergicon, and that Provider will not release any information regarding such trade secrets to any third party without the prior written consent of Emergicon. Notwithstanding the above, Emergicon acknowledges that the City is subject to certain laws including the Texas Public Information Act, that govern the disclosure of information maintained by the City. The City agrees to work with Emergicon in protecting trade secret information. EMERGICON SERVICE AGREEMENT Page 4 4.02 Fact of Contractual Relationship May Be Disclosed. Notwithstanding the foregoing, either party may, without the prior written consent of the other party, disclose the existence of a contractual relationship between the parties. ARTICLE FIVE AUDITS 5.01 Accurate Books and Records. During the Term and for a period of three (3) years thereafter, each party agrees to maintain accurate books and records associated with the billing and collections made the subject of this Agreement. 5.02 Right to Audit. Upon reasonable written notice, either party may audit the books and records of the other party insofar and only insofar as such books and records relate or pertain directly to this Agreement. Such audit shall be conducted at the office of the party being audited, shall be during normal business hours, and shall be at the sole cost and expense of the party conducting the audit. 5.03 Penalty for Underpayment. If an audit reveals that a party has failed to pay any amount or portion of any amount due or payable under this Agreement and such amount is in excess of Twenty Thousand Dollars ($20,000.00), the party being audited shall pay to the auditing party the full cost of the audit and the full amount due or payable plus interest at the rate of ten percent (10%)per annum from the date(s) of non-payment. ARTICLE SIX PROTECTED HEALTH INFORMATION 6.01 HIPAA Compliance. Emergicon shall carry out obligations under this Agreement in compliance with the privacy regulations pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F — Administrative Simplification, Sections 261, et seq., as amended ("HIPAA"), to protect the privacy of any personally identifiable protected health information ("PHI") that is collected, processed or learned as a result of the services provided pursuant to this Agreement. In conformity therewith, Emergicon agrees that it shall: a) Not use or further disclose PHI except as permitted under this Agreement or required by law; b) Use appropriate safeguards to prevent use or disclosure of PHI except as permitted by this Agreement. C) Mitigate, to the extent practicable, any harmful effect that is known to Emergicon of a use or disclosure of PHI by Emergicon in violation of this Agreement; d) Report to Provider any use or disclosure of PHI not provided for by this Agreement of which Emergicon becomes aware; EMERGICON SERVICE AGREEMENT Page 5 e) Ensure that agents or subcontractors to whom Emergicon provides PHI, or who have access to PHI, agree to the same restrictions and conditions that apply to Emergicon with respect to such PHI; f) Make PHI available to Provider and to the individual who has a right of access as required under HIPAA within ten (10) days of the request by Provider on behalf of the individual; g) Incorporate any amendments to PHI when notified to do so by Provider; h) Provide an accounting of all uses or disclosures of PHI made by Emergicon as required under the HIPAA privacy rule within sixty(60)days; and i) Make its internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of the Department of Health and Human Services for purposes of determining Emergicon's and Provider's compliance with HIPAA. 6.02 HIPAA Disclosures. The specific uses and disclosures of PHI that may be made by Emergicon on behalf of Provider include: a) The preparation of invoices to patients, carriers, insurers and others responsible for payment or reimbursement of the services provided by Provider to its patients; b) Preparation of reminder notices and documents pertaining to collections of overdue Accounts; C) The submission of supporting documentation to carriers, insurers and other payers to substantiate the health care services provided by Provider to its patients or to appeal denials of payments for same; d) The preparation and release of medical records to patients or their legal representatives as permitted by HIPPA privacy rule; e) Uses required for the proper management of Emergicon as a business associate; and f) Other uses or disclosures of PHI as permitted by HIPAA privacy rule. 6.03 Red Flag Rule Compliance. Emergicon shall carry out obligations under this Agreement in compliance with the Fair and Accurate Credit Transactions (FACT) of 2003 to protect and prevent against identity theft per the Red Flag Rules. Emergicon acknowledges it has an Identity Theft Prevention Program in place to protect the privacy of any personally identifiable credit information and to identify patterns, practices, and specific forms of activity that indicate the possible existence of identity theft. EMERGICON SERVICE AGREEMENT Page 6 ARTICLE SEVEN MISCELLANEOUS 7.01 No Waiver. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any subsequent breach of the same or similar nature. 7.02 Provisions Construed Separately. The parties agree that each provision of this Agreement shall be construed as separable and divisible from every other provision and that the enforceability of any one provision shall not limit the enforceability, in whole or in part, of any other provision hereof. In the event that a court of competent jurisdiction determines that any term or provision herein shall be invalid or unenforceable, the remaining terms and provisions of this Agreement shall not be affected thereby, and shall be interpreted as if the invalid term or provision were not a part hereof. 7.03 Final Agreement. This Agreement sets forth the entire, final and complete understanding between the parties hereto relevant to the subject matter of this Agreement. No waiver or modification of any of the terms or conditions of this Agreement shall be effective unless in writing and signed on behalf of both parties. 7.04 Performance of Agreement, Venue; Choice of Law. Provider understands and agrees that Emergicon will be performing this contract in Denton County, Texas. The venue for any disputes or causes of action that may arise out of this Agreement is the state and county courts located in Denton County, Texas. The provisions of this Agreement shall be determined in accordance with the laws of the State of Texas excluding the choice of law provisions thereof. 7.05 Headings. The headings of this Agreement are for ease of reference only and are not intended to limit or restrict the terms hereof. 7.06 Binding Nature of Agreement. This Agreement is binding upon the heirs, legal representatives, successors and assigns of the parties hereto. 7.07 Compliance with Laws Generally. Emergicon shall comply with all applicable laws, orders, rules, or regulations of all governmental agencies bearing on its performance hereunder. If so requested by Provider, Emergicon shall submit appropriate evidence of such compliance. 7.08 Independent Contractor. It is understood and agreed that Emergicon is an independent contractor. Nothing herein contained shall be construed to create any partnership, joint venture, or joint enterprise between the parties. 7.09 Non-Profit Status Determination Letter. If Provider is a not-for-profit entity, Provider shall provide a duplicate of its letter determining its not-for-profit status with the Internal Revenue Service. In providing such letter, Provider further represents and warrants to Emergicon that it has done every act necessary to maintain its not-for-profit status with the Internal Revenue Service and is not aware of any pending, threatened or actual revocation of its not-for-profit status. EMERGICON SERVICE AGREEMENT page 7 • Enclose the dump truck parking area with an 8'tall wood screening fence for a distance of 50'along Concord and 50' running north to south so that the trucks cannot be seen from Concord; and • Limit the number of dump trucks to two. 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, 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 Beaumontthis the 27th day of April, 2010. - Mayor Becky Ames - I ]File 2 -Z/P: Request for a zone change from RS (Residential Single Tamily Dwelling) District to GC-MD-2(General Commercial Multiple Family Dwelling-2)District and a specific use permit to allow the parking of dump trucks in a GC-MD-2(General Commercial-Multiple Family Dm elling-2) District. Location: 6820 Concord pplicant: Evelio Hernandez o so t 20o Feet Legend 20 22ZP R-S Q� oy� V �Q4 a . s rd ylft, { w . '� 4 `t'w4 HWY 105 4&/ CIO, Aeb $`GarW`�"` 3 'ac+Ha EXHIBIT "A" Ll I I IIIII HIM 1111 FF [ I F I I -I LJ- I I I Approval subject to the following conditions: Enclose the dump truck parking area with an 8'tall wood screening fence for a distance of 50' along Concord and 5 0'running north to south so that the trucks cannot be seen from Concord. Limit the number of dump trucks to two. EXHIBIT "Bly ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT FOR PROPERTY LOCATED AT 6820 CONCORD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC- MD-2(General Commercial-Multiple Family Dwelling-2)District for property located at 6820 Concord, being Tract 62, RS 1, Thomas Spear Survey, Abst. 50, City of Beaumont, Jefferson County,Texas, containing 1.50 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 30 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 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of April, 2010. - Mayor Becky Ames - Re 2022 Request for a zone change from RS(Residential Single Family Dwelling) District to GC-MD-2(General Commercial Multiple Family Dwelling-2)District and a specific use permit to allow the parking of dump trucks in a GC-MD-2(General Commercial-Multiple Family Dwelling-2) District. Location: 6820 Concord pplicant: Evelio Hernandez o so 00 20o Feet Legend ® 2022ZP R-S �v2 Q� O� V '00, K. r � A P�l¢'+ µlm 3LL R 7 �9t � S ,�*sJ1` 3�`.'13M1�¢{.a",N?,7a HWY 105 CO c°' , O ORO RO "!Y^,A A "v ; is F GGMD A, EXHIBIT "A" 3 April 27,2010 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District for property near the northeast corner of Magnolia and Gill RICH WITH OPPORTUNITY BEAUMON* T • Z • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C)3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 27, 2010 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling)District for property near the northeast corner of Magnolia and Gill. RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND Mainstream Development,LLC has applied for a zone change. Mainstream would like to construct a Family Dollar store on approximately 1.5 acres at the northeast corner of Magnolia and Gill. The east 0.78 acres that is zoned RS is needed for the development of the store. The 145'deep frontage along Magnolia is already zoned GC-MD. The subject property is across the street from the Beaumont Housing Authority's Pointe North development. This zone change would enable much needed retail in a neighborhood that has seen little new retail in many years. At a Joint Public Hearing held April 19, 2010,the Planning Commission recommended 6:1 to approve a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling)District for property near the northeast corner of Magnolia and Gill. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF MAGNOLIA AND GILL, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RS(Residential Single Family Dwelling) District to GC- MD (General Commercial-Multiple Family Dwelling) District for property located near the northeast corner of Magnolia and Gill, as described in Exhibit "A" and shown on Exhibit "B," 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 30 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 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of April, 2010. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.7819 acre tract or parcel of land located in the A. Williams League, Abstract No. 385, Jefferson County, Texas and being comprised of a portion of that called Tract 13-A conveyed to Zohreh Shahrodi of record in Film Code No. 103-56-0498 RPRJCT by Jefferson County(Tax Sale)and of record in Film Code No. 103-96-2363 RPRJCT by Mollie Bean and that called Tract 13 being a 100'x 180'tract of 0.410 acres conveyed by Sheriffs Deed to Freddie Shahrodi of record in Clerk's File No. 2010001061 OPRJCT, and being locally known as Tract 13 & 13-A, Plat D-20 per the Jefferson County Appraisal District, said 0.4814 acres being more particularly described by metes and bounds as follows: COMMENCING at a%2" Iron Rod and Cap stamped"S&P"found for the most Westerly Northwest corner of the said Tract 13-A,the Southwest corner of a tract conveyed to Ernest B. Roberts called 0.5 acres as recorded in Film Code No. 104-33-0751 RPRJCT and also being in the East ROW line of Magnolia Avenue(based on a 65'ROW); THENCE N 86040'55' E along the North line of the said Tract 13-A and the South line of the said Roberts tract for a distance of 146.45 feet to a point for the Northwest comer and the POINT OF BEGINNING for the tract herein described; THENCE N 86 040'55" E continuing along the North line of the herein described tract and the South line of the said Roberts tract passing at 201.97 feet a 1/2" Iron Rod and Cap stamped"ACCESS SURVEYORS" set for the Southeast corner of the said Roberts tract, and continuing for a total distance of 209.77 feet to a %2" Iron Rod and Cap stamped "ACCESS SURVEYORS", set for the Northeast corner of the herein described tract; THENCE S 04015'10" E along the East line of the herein described tract and a portion of the West line of the remainder of Tract 13-A, Plat D-20 for a distance of 202.19 feet to a '/2" Iron Rod and Cap stamped"ACCESS SURVEYORS" set for the Southeast comer of the herein described tract and being in the North ROW line of Gill Street(based on 60' ROW); THENCE S 86°40'13" W along the South line of the herein described tract and the North ROW line of the said Gill Street for a distance of 127.17 to a Point for the Southwest corner of the herein described tract; THENCE N 26020'12" W along the West line of the herein described tract and the current Zone Boundary line that divides Zone GC-MD and Zone R-S for a distance of 219.67 feet to the POINT AND PLACE OF BEGINNING, containing 0.7819 acres of land,more or less. EXHIBIT "A"