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HomeMy WebLinkAboutPACKET AUG 24 2010 RICH WITH OPPORTUNITY IIEA,UMO,N* T * E * S * A * S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 24,2010 1:30 P.M. CONSENT AGENDA * Approval of minutes-August 17,2010 * Confirmation of committee appointments A) Approve a contract for the purchase of lime slurry for use by the Streets and Drainage Division B) Authorize the City Manager to apply for and accept a grant for general maintenance at the Beaumont Municipal Airport C) Approve certification of the Small Business Revolving Loan Fund Plan D) Authorize the City Manager to update an agreement with Baptist Hospitals of Southeast Texas to provide shelter and support facilities for City of Beaumont personnel and equipment during emergency operations E) Approve the designation of the Parks and Recreation Director as the City representative to apply for a license from the Texas Alcoholic Beverage Commission for the Henry Homberg Golf Course F) Approve a contract to allow for the acquisition of land for redevelopment G) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in Bayou Willow Parkway,Part I A RICH WITH OPPORTUNITY BEAUMO-N* T • R • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: August 24, 2010 REQUESTED ACTION: Council consider authorizing the award of a contract for Lime Slurry. RECOMMENDATION The administration recommends the award of a contract to Chemical Lime Co., of Houston, in the estimated amount of$90,000. BACKGROUND Bids were requested for a six(6)month contract to provide lime slurry to be used by the Streets and Drainage Division. Lime slurry is used, in liquid form,to stabilize soil in road construction. Seven(7)vendors were notified and three(3)responses were received. Chemical Lime Co., of LaPorte, who has held this contract for several years, was low bidder. The bid amount represents no change from the current contract pricing. Received bids are shown in the tabulation below. Chemical Lime Co.,LaPorte,TX S150/ton $90,000 U.S. Lime Co.,Dallas,TX $155hm $93,000 Healthy Resources,Inc.,Beamnant,TX $177/ton $106,200 BUDGETARY EWPACT Funds are budgeted in the Streets and Drainage Division's operating budget. CITY OF BEAUMONT,BEAWYIONT,TEXAS PURCHASlINO DIVISION BID TABULATION Bid Name: Six(6)Month Contract For Lime Slurry Bid Number: BFOT1046 Bid Opening: 8112110 Contact Person: Robert(Bob)Holler, Buyer II rhollar ci.beaumonttx.us Phone: 409480.3788 Vendor U.S. Lime Co. Healthy Resources city I Stab Dallas,TX Beaumont Phone or Fax No. (972)991-8400 (713)673-8440 Unit Price Extended Unit Price Extended Pri Description CITY. r _ Price Ume Slurry, Commerical, Bulk 600T $155.00 $93,000. $177.00 $106,200. TOTAL BID $93,000.00 $106,200. NOTE: AWARDED VENDOR IS MGHUGHTED. RESOLUTION NO. WHEREAS, bids were solicited for a six-month contract for the purchase of lime slurry for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, Chemical Lime Co. of Houston, Texas, submitted a bid in the amount of $150 per ton for an estimated cost of$90,000; and, WHEREAS, City Council is of the opinion that the bid submitted by Chemical Lime Co. of Houston, Texas, should be accepted; 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 bid submitted by Chemical Lime Co. of Houston, Texas, for a six-month contract for the purchase of lime slurry for use by the Public Works Department, Streets and Drainage Division, in the amount of$150 per ton for an estimated cost of$90,000 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of August, 2010. - Mayor Becky Ames - B RICH WITH OPPORTUNITY BEAUMUN*T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner,Director of Public Works MEETING DATE: August 24, 2010 REQUESTED ACTION: Council consider the application and acceptance of a grant for general maintenance at the Beaumont Municipal Airport. RECOMMENDATION Administration recommends authorizing the City Manager to apply for and accept a Routine Airport Maintenance Program(RAMP)Grant from the Teams Department of Transportation (TxDOT). BACKGROUND TxDOT's Aviation Division provides the RAMP Grant to assist local governments with airport maintenance and repairs. The State offers a 50/50 matching grant up to$50,000 for each fiscal year. The local government match is 50%of actual costs plus any costs in excess of$100,000 total costs. If approved, these grant fiends will be used towards the City's share of operating costs for the Beaumont Municipal Airport including,but not limited to upgrading the self-serve fiwbng system, taxiway lighting maintenance, airspace right-of-way clearance, hangar maintenance, and the satellite service and quarterly FAA inspections for the Automated Weather Observation System. BUDGETARY IMPACT RAMP fiunding,totaling up to$50,000,will fund 506/o of the first$100,000 to operate the Beaumont Municipal Airport for FY 2011. l 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 apply for and accept a Routine Airport Maintenance Program(RAMP)Grant from the Texas Department of Transportation for maintenance and repairs at the Beaumont Municipal Airport. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of August, 2010. - Mayor Becky Ames - c RICH WITH OPPORTUNITY BEA,UMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: August 24, 2010 REQUESTED ACTION: Council consider certification of the Small Business Revolving Loan Fund(RLF)Plan. RECOMMENDATION The administration requests approval of a resolution certifying that the Small Business Revolving Loan Fund(RLF) Plan is consistent with and supportive of the area's current economic adjustment strategy; and the RLF is being operated in accordance with the policies and procedures contained in the RLF Plan and the loan portfolio meets the standards contained therein. BACKGROUND The Small Business Revolving Loan Fund Program was created with an initial grant from the Economic Development Administration in the amount of$500,000 with matching funds from CDBG of$250,000. To be approved for the grant,the City was required to develop a plan to support the area's economic development strategy and to create policies and procedures to administer the program. The original City of Beaumont RLF Plan was adopted by the City Council on February 24, 1987 and was last recertified on June 16, 2009. The plan is required to be certified annually by Council.No changes have been made to the plan since the last recertification. The Small Business Revolving Loan Fund Plan is attached for your review. BUDGETARYIMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby certifies that the Small Business Revolving Loan Fund(RLF) Plan is consistent with and supportive of the area's current economic adjustment strategy, and the RLF is operating in accordance with the policies and procedures contained in the RLF Plan and the loan portfolio meets the standards contained therein. The Plan is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of August, 2010. - Mayor Becky Ames - CITY OF BEAUMONT, TEXAS SMALL BUSINESS REVOLVING LOAN FUND PLAN ORIGINAL PLAN APPROVED OCTOBER 31, 1987 REVISED SEPTEMBER 18, 2004 REVISED JUNE 16, 2009 EXHIBIT "A" TABLE OF CONTENTS Introduction 2 Program Element to the Plan 3 Goals and Objectives 3 Identification of the Area's Financing Problems 6 Targeting Criteria 7 Standards for the Revolving Loan Fund Portfolios 7 Financing Policies 8 Related Activities 9 Administration Element of the Plan 10 Small Business Revolving Loan Fund Board 10 Staff 10 Conflict of Interest 10 Loan Selection and Approval Process 11 Loan Servicing 12 Administrative Expenses 12 Recapitalization Strategy 12 Other Requirements 13 1 INTRODUCTION Beaumont is the largest populated city in the southeast portion of Texas. The southeast Texas region is highly industrialized and significantly agricultural with two navigable rivers (Sabine and Neches) which allow ocean-going vessels to transport import and export trade to the Gulf of Mexico. Due to the discovery of oil in the area, the petrochemical industry developed as a major economic contributor for the region. In the 1980's the oil industry saw a worldwide downturn which resulted in historically high unemployment rates for southeast Texas and Beaumont. The need for new economic goals and strategies for the area became apparent. In 1987 the City of Beaumont created a new Economic Development division and pursued the approval and acquisition of a grant from the Department of Commerce, Economic Development Administration. With a grant of $500,000 from EDA and a city match of $250,000, the City was able to begin the financing of the expansion and start-up needs of local small businesses. The South East Texas Economic Development District, Inc. (SETEDD) was created in 1993 to facilitate the flow of U.S. Department of Commerce and Economic Development Administration grant and loan funds for creating new jobs and/or saving existing jobs in the southeast Texas region. SETEDD through a Comprehensive Economic Development Strategy or CEDS creates objectives and strategies that help to steer the economic direction of the region. According to the Vision Statement of the CEDS, goals are: Workforce Development New and Existing Business Development Infrastructure Develop Advanced Materials Cluster Tourism Quality of Life The City of Beaumont and the Small Business Revolving Loan Fund Board use these goals in administering the City's Small Business Revolving Loan Fund and creating loan opportunities for small businesses that will better not only those businesses but the City and the entire southeast Texas region. 2 I. PROGRAM ELEMENT TO THE PLAN A. Goals and Objectives 1. COMMITMENT TO ECONOMIC DEVELOPMENT: The Economic Development Policy Plan consists of goals, objectives, policies, and proposals for guiding Beaumont's future economic growth and development. Outside assistance is provided through a contact with the Beaumont Chamber of Commerce for various economic development activities such as marketing analysis, business retention efforts and working with business prospects. 2. GOAL: INCREASE THE NUMBER OF PERMANENT JOBS AVAILABLE TO CITIZENS OF BEAUMONT AND SOUTHEAST TEXAS Emphasis should be placed on value added jobs which are most likely to lead to further job creation. Jobs in "export" industries bring money into the region through production of goods or services that are exported outside of Beaumont. These jobs, which are generally highly paid, create spendable household income, thus generating new jobs in sales and services. Beaumont also needs jobs which can be filled by workers who were previously employed in shipyards, refineries, and chemical plants. These skilled workers are among Beaumont's most valuable economic resources and will leave the area if new job opportunities are not developed. Because of an especially high unemployment rate among Beaumont's sizable minority population, entry level jobs with on-the-job training are needed to bring unskilled workers from low-income backgrounds into the workforce. WHERE WILL THESE JOBS COME FROM? New jobs come from three sources: 1) Expansion of existing business 2) Creation of new, entrepreneurial enterprises 3) Attraction of plants or business from outside the community Research indicates that expansion of existing business and creation of entrepreneurial enterprises account for 80 to 90%of all new jobs. OBJECTIVE NO. 1: MAINTAIN AN EFFECTIVE ROLE FOR THE CITY OF BEAUMONT ECONOMIC DEVELOPMENT PROCESS Policy 1.1 Role of the City The City will continue to serve in the leadership role in the following areas of economic development: A. Strategic Planning - analyzing Beaumont's competitive strengths and weaknesses in the world economy and then taking aggressive action to capitalize on the strengths and overcome the weaknesses. 3 B. Legislative Advocacy - working closely with Jefferson County, The Port of Beaumont, Drainage District #6, the Jefferson County Navigation District, BISD, other municipalities in the region, and other State and Federal elected officials to secure major funding assistance and to enact or change Laws to increase the strategic competitiveness of the local/regional economy. C. Leveraging and Public/Private Partnerships - using the limited resources available to the City government, such as grants, development incentives, infrastructure, land, and staff to attract private sector investments which will create or retain jobs and/or increase the tax base. D. Develop and Communicate a Vision of the Future - the City's elected officials and staff must motivate the community to set its sights on the goal of becoming a first-class medium-sized city with a quality of life capable of attracting new private investment and population. The City will serve in a leadership and cooperative role in the following area, participating actively and lending whatever support is needed to other members of the economic development network: a. Promotion: assisting the Chamber of Commerce, the Convention and Visitors Bureau, BUILD, Inc/Beaumont Main Street, Entergy, and other promotional groups in marketing Beaumont as a business location, tourist destination, etc. b. Business Attraction: working cooperatively with the Chamber/Economic Development Council in attracting new industry. Policy 1.2 The City's Commitment The City will commit the assets is has available—staff, incentives, land, taxing authority, infrastructure, tax-exempt bonding authority, and access to State and Federal grants—to the local and regional economic development efforts. The City will also strive for excellence in conducting its basic responsibilities of providing public services and infrastructure, recognizing that an efficient, competent and responsive city government is one of the prerequisites for economic growth of a community. Allocation of resources for construction of new or the repair or extension of existing city infrastructure and new or revised city services will be implemented on the basis of need; however, the impact of such actions on the economic development of the City as a whole will be considered of overriding importance when deciding where to allocate the City's resources among areas which are of equal need. Policy 1.3 Public Return on Investment The City will examine the potential return on the public's investment when determining where and how its limited resources will be committed. Return on public investment will be measured in terms of jobs created, jobs retained, and broadening of the tax base. 4 OBJECTIVE NO. 2 ENCOURAGE A CLIMATE WHICH FACILITATES BUSINESS GROWTH AND SUSTAINABILITY Policy 2.1 The City of Beaumont recognizes that the degree of cooperation and support of local government plays a major role in business location and expansion decisions. The City resolves to improve both its efficiency and effectiveness in providing assistance and services to business. Policy 2.2 The City of Beaumont will be committed to improving the quality of life for current and future residents. In recognition of the connection between economic development, the quality of life or livability of a city, and the development of a favorable sense of place among residents and non-residents alike, the City supports the inclusion of "quality of life" and "environmental quality" considerations in making planning and development decisions. Visual community appearance considerations in the city's planning and development efforts are to be considered important economic development actions which will improve Beaumont's ability to attract new businesses and employment opportunities. In realization of the fact that investing in the overall improvement in the quality of life or livability of the City is not a goal which can be achieved overnight, the City will concentrate its resources on the cleanup and rehabilitation of selected neighborhoods and on the development and improvement of urban design plans for selected open space, street corridor, and city entrance or gateway areas. OBJECTIVE NO. 3 ATTRACT NEW BUSINESSES AND INDUSTRIES TO THE BEAUMONT AREA Policy 3.1 The City will work with the Chamber of Commerce and other economic development groups in a team effort to bring new businesses and industries to the Beaumont area. Policy 3.2 Efforts to attract new business and industry will be targeted on industries whose locati.onal needs are consistent with the Beaumont area's locational attributes. Policy 3.3 Continue to promote the Beaumont area's resources and quality of life factors through the efforts of the Beaumont Convention and Visitors Bureau. OBJECTIVE NO. 4: RETAIN AND EXPAND EXISTING BUSINESSES AND INDUSTRIES Policy 4.1 The City of Beaumont recognizes that existing businesses and industries are the community's most important economic resources and will support the efforts of existing businesses to expand and improve operations. Policy 4.2 An "outreach" program to foster open lines of communication between the city government and existing businesses and industries wilt continue. 5 OBJECTIVE NO. 5: STIMULATE THE CREATION OF NEW BUSINESSES Policy 5.1 Continue the City's Small Business Revolving Loan Fund which provides financing assistance for new businesses having difficulty in obtaining conventional financing. Policy 5.2 Continue to work with the Small Business Development Center at Lamar University, which assists start up businesses and processes applications for the City's Small Business Revolving Loan Fund. OBJECTIVE NO. 6: IMPROVE THE COMPETITIVE ADVANTAGES OF THE BEAUMONT AREA ECONOMY Policy 6.1 The City of Beaumont will assume a role of partnership with local business and industry in competing with producers in other regions, state and countries. This means city actions involving taxes, infrastructure, regulations and development incentives will focus on making it easier, more efficient and more advantageous for doing business in Beaumont. Policy 6.2 Expand the scope of Beaumont's market area by capitalizing on its role as a regional cent of trade, professional services, entertainment, distribution, and medical services. B. Identification of the Area's Financing Problems A review of Beaumont's capital market and discussions with local small business persons indicate that local capital market has the following characteristics. 1. Beaumont banks typically follow conservative policies and practices regarding allocation of deposits for lending purposes. While this is not unique to Beaumont or the region, the adverse effect of the local and statewide economy has even further reduced the availability of the banks' capital in Beaumont. Beaumont banks are looking for additional outside capital projects as a cushion for their loans. 2. There is reluctance to provide financing to younger or higher risk companies or to companies located in blighted or depressed areas of the community. 3. There is a shortage of long term reasonably priced commercial financing available to small business located in Beaumont. 4. Local banks appear to be reluctant to make loans smaller than $75,000.00. 5. There is a lack of capital for minority business. The Revolving Loan Fund (RLF) will serve a critical function in the City's economic development program by providing assistance in financing small business that will provide jobs primarily for persons of low and moderate income, the unemployed, and the underemployed, and projects which will diversify and strengthen Beaumont's economic base. 6 P Specific Objectives of the Revolving Loan Fund: The Revolving Loan Fund will promote economic development by: 1. Creating New Employment Opportunities: The Revolving Loan Fund will be utilized to assist in expansion or creation of small business enterprises, owned or operated by minorities, women, or the economically disadvantaged. 2. Increasing Private Financing Availability: Revolving loan fund monies will be used to leverage private financing for small business, availability of financing for small business enterprises owned or operated by minorities, women or the economically disadvantaged and to provide incentives to the financial institutions to make loans to small businesses. C. Targeting Criteria The Revolving Loan Fund will target small businesses which can best assist the City in achieving economic development objectives. The order or priority will be: 1. Small businesses which will create the greatest number of jobs available to the unemployed, underemployed, or low or moderate income persons at the least cost to the Revolving Loan Fund; 2. Small businesses which are owned and operated by minorities, women, or the economically disadvantaged; 3. Small businesses which are located within Beaumont's Community Development and Housing Neighborhood Strategy Areas. D: Standards for the Revolving Loan Fund Portfolios To ensure the effectiveness of the Revolving Loan Fund as an economic development tool, the following standards will serve as guidelines for Revolving Loan Fund participation: 1. It is the objective of the Revolving Loan Fund to leverage each dollar three or four times through participation with private sector lending institutions, the SBA and other government loan programs and private investors. For each $10,000 of total investment, one job will be generated. The Revolving Loan Fund will leverage two private sector dollars for every one RLF dollar at a minimum. 2. Revolving Loan Fund monies will be available to finance the expansion and start-up needs of small businesses. Financing will be available for fixed assets (plant and equipment) and for working capital. The Revolving Loan Fund will give priority to the businesses that create the maximum number of new jobs. The Revolving Loan Fund applicants will be screened for potential use of vacant facilities located in blighted areas of the community. 7 $100,000.00 of the Revolving Loan Fund will be made available to small businesses for low interest, bridge/gap, $10,000-$20,000 loans to be distributed within 6 months of a natural disaster if the City of Beaumont is declared a national disaster area. Existing Small Business loan recipients who are in a current or 1-2 month delinquent status with their loans may request a deferral of loan payments to help them recover from the natural disaster. 3. Other economic development objectives and standards include the following: The Revolving Loan Fund borrower will be required to have a 10% equity position in the project. Minorities and females will be encouraged to participate in the Revolving Loan Fund. To prevent displacement of existing capital, all applicants must have written evidence of the need for the RLF funds. E. Financing Policies: The Revolving Loan Fund wilt include the following goats: 1. The Revolving Loan Fund loans are expected to range between$10,000 and $200,000. 2. No more than 50% of the total SBRLF available capital shall be loaned to any one borrower during any one time period. 3. Terms and Conditions of the Loans The expected amortization period for Revolving Loan Fund loans will be as follows: Working capital loans: Negotiated within normal commercial financing range Machinery and Equipment: Based upon the useful life of equipment financed Land and Building: 15-25 years 4. Interest Rates: Interest rates for all Revolving Loan Fund loans will be variable depending on the needs and financial condition of the applicant. Interest rate floors and ceiling will be established. The minimum interest rate will be four percent. 5. Special Financing Techniques: Revolving Loan Fund staff and administration will employ flexible financing techniques designed to meet the needs of the borrowers and to maximize the effectiveness of the Revolving Loan Fund program. The special financing techniques that may be utilized include: Lower than market rates. Extended amortization period for loans. Moratoriums on loan payments for a specified period of time up to a maximum of six months. 8 Existing Loan Program recipients may request to change the payment terms of their loan in an effort to facilitate the continued repayment of the loan when they are having difficulty in doing so. 6. Collateral and Equity requirements: Fixed asset financing will be secured by the fixed assets financed with other assets included if required. Collateral for working capital loans will include inventory, accounts receivable, fixed assets, cash and personal guarantees. The Revolving Loan Fund will mandate the contribution of equity by the borrower, requiring not less than 10%. 7. Restructuring Loans: The Revolving Loan Fund wilt not be involved in restructuring third-party loans or in refinancing projects. 8. Use of RLF Income: RLF income includes all interest earned on outstanding loan principal, interest earned on accounts holding idle RLF funds, loan fees and other loan-related earnings. RLF income does not include repayment of RLF loan principal and any interest remitted to the U. S. Treasury pursuant to a sequestration of excess funds. RLF income will be used to pay administrative expenses as long as RLF income and administrative expense are earned in the same 12-month reporting period and administrative expenses don't exceed 50% of the RLF income or $100,000.00. Any excess RLF income in a 12-month reporting period will be added to the RLF capital base and made available for loans. Any administrative expenses that exceed 50% of the RLF income may be paid from the City of Beaumont Community Development Block Grant Funds and the appropriate RLF Income and Expense Statement will be prepared and submitted according to EDA regulations. 9. Participation with other loan programs: To accomplish the stated goals of the Revolving Loan Fund, participation on loans with the following financial institutions ins anticipated: • Banks throughout the City. • Small Business Administration. • Farmer's Home Administration. • SBA Certified Development Corporation (504's). • SBA Small Business Investment Corporation (MESBIC). • Savings and Loan Associations. • Local equity capital funds. F. Related Activities: 1. Loan Packaging and Referral Service: The Revolving Loan Fund loans will be packaged by the staff in cooperation with the loan officer and staff of the participating financial organization. Those applicants who do not qualify for Revolving Loan Fund loans but are viable applicants for other financing assistance will be referred to the local office of the Small Business Administration, the Southeast Texas Economic Development Foundation (A SBA 504), and other commercial banks or savings and loans in the community. 2. Linking Jobs to the Long-Term Unemployed: Should the borrowers need assistance in recruiting the long-term unemployed and low-income persons, the company will be referred to agencies capable of providing assistance. Those agencies include: • Workforce Solutions Southeast Texas • Local Employment Agencies • Advertisement in Local Newspapers 9 Il. Administrative Element of the Plan A. Small Business Revolving Loan Fund Board The Mayor and City Council establishes citizen advisory boards, committees and commissions and appoints citizens within the community to serve on these various committees by approval of City Council. A Loan Administration Board will be formed with the membership as follows: 1. Members will be drawn from local financial institutions. 2. Other members will be appointed from the Small Business Development Center at Lamar University. 3. One member will be appointed representing the City of Beaumont. 4. The remaining members will be appointed from small and minority businesses or community organizations. Provisions will be made to assure strong representation among women and minorities. At least one member with financing experience must be present for each loan decision. Board members will be appointed to two year terms, which will be staggered to assure continuity on the board. The board will include members from both the public and private sectors. B. Staff The City's Finance Department, Cash Management Division, will provide support staff to the, Revolving Loan Fund. The Cash Management staff has experience in analysis of business operations and financial statements and substantial billing and collection experience. The RLF staff will work closely with the particular commercial.lending officers of the private financial institution(s) involved in the leveraging of each loan. The loan packages will be prepared to provide adequate loan security and allow maximum operating flexibility to the borrowers. C. Conflict of Interest 1. RLF funds shall not be available to a business entity if the owner of such entity or any owner of an interest in such entity is related by blood, marriage, law or business arrangement to an employee of the City of Beaumont or any member of the City Council,or a member of the SBRLF Loan Advisory Board unless the person(s) affected first discloses in writing to the Loan Advisory Board the potential benefit and the Loan Advisory Board determines that the benefit involved is not so substantial as to affect the integrity of the Board's decision process. 2. An officer, employee or board member of the SBRLF shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment or any other thing of monetary value for himself or for another person, from any person or organization seeking to obtain a loan. 3. Former Loan Advisory Board members and/or Officers are ineligible to apply for or receive loan funds for a period of one year from the date of termination of his/her service. 10 D. Loan Selection and Approval Process 1. Marketing The Finance Department will have a coordinative managerial role in the areas of capital formation and supporting the existing network of economic development groups active in the area. The staff will also continue its ongoing contacts with the SBA and financial institutions. Presentations will be made to the Chamber of Commerce, Minority Business Development Organizations and other potential sources of applicants. 2. Screening Potential applicants for the RLF will be screened by the staff at the Small Business Development Center(SBDC)at Lamar University and participating financial institutions. Preliminary screening by the SBDC will include, but will not be limited to the following: • Eligibility criteria • Ownership and organizational structure • Potential for job creation • Funding requirements If the preliminary screening process indicates that the potential applicant is appropriate for the RLF, the applicant wilt be invited to make full application. The RLF staff and the Small Business Development Center will provide technical assistance to help applicants with the preparation of necessary documents. Applicants that are ineligible will be referred to other sources which may be appropriate including the SBA, the local 504 Corporation or other programs which may fit the needs of the applicant. 3. Applications At this phase of the process, the following information may be requested from the applicant and his/her financial institution: • Application Form • Summary description of business and the project being financed • Financial Statement (3 years) • Projections (3 years) Assumption (2 years existing) New Company (3 years) Profit and Loss Statements; Balance Sheets; Cash Flow Analysis • Personal Financial Statements • Cost Summary • Listing of Collateral • Commitment Letter • Appraisal (Financing Real Estate) • Jobs Form • Resume on Principals • Business Plans New(detailed description of the business to include the market, competition, location, management, personnel, and purpose of loan) Existing (one page document describing plans to grow or expand) 11 • Certification of Cost- Architectural estimates; equipment vendor quotes; construction cost estimates 4. Evaluations Once all materials requested from the applicant have been submitted, an analysis of the loan request will occur, including review of the applicant's credit report. Staff assembles the information into a complete package and submits to the Loan Advisory Board for review. A decision is based upon factors including, but not limited to: • the ability of the applicant to repay the loan, • the applicant's managerial capabilities, • the long term retention of jobs that will be provided. 5. Considerations All loans shall be presented to the Loan Advisory Board for consideration. Applicants will be afforded an opportunity to address the Board and to answer questions. 6. Loan Closing Once final approval has been authorized by the board, staff and legal counsel will assist in preparation of loan closing documents in conjunction with the financial institution,including necessary deeds of trust, liens, mortgage instruments and loan agreements. 7. Disbursement Prior to closing, a schedule of loan disbursements will have been negotiated. 8. Monitoring Monitoring of the implementation of the project will begin after the initial disbursement. Continuing technical assistance will be provided as needed by RLF staff. The Grant's Administration Division will provide assistance with environmental impact and Davis-Bacon wage requirement issues. E. Loan Servicing The loan will be serviced in house by RLF staff who will institute a portfolio management system which monitors each loan on an ongoing basis for timely payment. A servicing agreement may be established with an outside agency to service the loans for the city, if cost effective, where funds will be returned to the Revolving Loan Fund by the private financial institutions on at least a quarterly basis. If a default appears eminent, the staff of the RLF will work with the financial institutions to avert such an occurrence. When default cannot be averted, the staff will commence foreclosure proceedings as mandated by State Law. F. Administrative Expenses Administrative expenses will be funded from RLF income, by city funds or from Community Development Block Grant funds. G. Recapitalization Strategy Capitalization of the RLF will be accomplished through recapitalization of RLF loan principal payments, excess RLF income and through program income funds from the CDBG program. 12 H. Other Requirements 1. Compliance with Civil Rights Laws: Applicants for RLF assistance will be required to pledge not to discriminate against employment applicants. They will be required to sign an affidavit to that effect at the loan closing. Any proven instance of discrimination proven against the loan applicant shall be grounds for calling loan. 2. Environmental Impact: 3. Staff will consider the environmental impact of all proposed projects.Access for the Handicapped: Alt buildings involved in the proposed project must be made accessible for persons with impaired mobility. 4. Insurance: Key man insurance, flood hazard insurance, liability insurance, or other types may be required of the applicant. 5. Davis-Bacon: Construction financed in whole or in part by the RLF will meet the requirement of the Davis- Bacon Act, as amended (40 U.S.C. 276a-5). 6. Relocation: The location of loan projects will be located within the city limits of Beaumont. The City of Beaumont assures that loans will be recalled if the project and/or business activity move from the area. Businesses relocating jobs from another labor area are not eligible borrows. 7. Hold Harmless Provision: RLF loan documents and procedures will protect and hold the Federal government harmless from and against all liabilities that the Federal government may incur as a result of providing an Award to assist (directly or indirectly) in site preparation or construction, as well as the direct or indirect renovation or repair of any facility or site. A hold harmless agreement will be added to all loan documents. 13 D RICH WITH OPPORTUNITY [IEA,IIMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: August 24, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to update a memorandum of agreement with Baptist Hospitals of Southeast Texas,which is providing shelter and support facilities for City of Beaumont personnel and equipment during emergency operations. RECOMMENDATION Administration recommends approval. BACKGROUND A formal agreement with Baptist Hospitals of Southeast Texas was approved in 2006 to provide sheltering facilities for personnel and equipment for the City. An update was approved on May 29, 2007. This agreement was exercised during Hurricane Ike,when this facility provided shelter and housing for city assets. This revision will update the agreement in line with needs of the City and the hospital. BUDGETARY IMPACT In the event hospital food service is available during sheltering operations, a nominal fee may be invoiced to the city for meals provided. This would be a reimbursable expense in the event of a disaster declaration. 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 update and execute a memorandum of agreement with Baptist Hospitals of Southeast Texas, which is providing shelter and support facilities for City of Beaumont personnel and equipment during times of emergency operations. The memorandum of agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of August, 2010. - Mayor Becky Ames - I MEMORANDUM OF AGREEMENT BETWEEN BEAUMONT POLICE DEPARTMENT AND BAPTIST HOSPITALS OF SOUTHEAST TEXAS 1. PURPOSE: This agreement outlines actions of Baptist Hospitals of Southeast Texas for sheltering Beaumont Police, Fire and EMS Department employees in case of disaster, particularly with regard to anticipated hurricane strikes to this region. This written memorandum supplements ongoing verbal agreements, supports preparedness, and facilitates reimbursement for this support through FEMA during recovery phase. 2. AUTHORITY: Approval by Baptist Hospitals of Southeast Texas administration,the Beaumont Police Department Chief of Police and the City of Beaumont City Manager. 3. GENERAL: a. SCOPE: This Memorandum of Agreement provides documentation for support between the City of Beaumont on behalf of the Beaumont Police Department(BPD) and the Baptist Hospitals of Southeast Texas (Baptist Hospital). Actions and agreements herein apply only to the participating parties and are not intended to supersede existing regulations or agreements. Further, it does not mandate sheltering at the hospital, but provides availability for sheltering BPD personnel, for up to 72 hrs. If a term of this agreement is inconsistent with disaster declarations or emergency orders of a governing authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. b. ASSUMPTIONS: (1) BPD will establish an on-scene command post, and shelter up to one hundred seventy Police, Fire and EMS personnel as manpower allotments require. (2) BPD will provide immediate armed emergency response or full tactical emergency response including equipment if needed within the hospital. (3) BPD personnel and equipment will be allowed unrestricted and unescorted entry to the hospital. (4) BPD will be allowed any available space and at a minimum all driveways in the parking garage for BPD responders' equipment and vehicles. (5) Notification by BPD personnel of intent to initiate shelter operations at Baptist Hospital will be made as early as the need becomes evident, or when mandatory evacuation are announced for hurricane-related disasters. (6) Upon initiation of shelter operations, a BPD officer will respond to the hospital to coordinate with hospital staff and assist in maintaining adequate access to parking garage space as manpower allows. EXHIBIT "A" i (7) City of Beaumont will agree to reimburse costs of meals at the following rates: Hot Meals: $4.50; Cold Meals: $3.25 per meal. This service is optional to the City and will be offered contingent on Baptist Hospital's ability to provide the service. (8) In the event BPD assistance is desired, contact may be made in person, or through the police dispatch emergency line, 832-1234, or non-emergency line, 880-3865 if communication lines are operational. (9) Baptist Hospital will make provisions to minimize employee use and access to or transit through provided shelter space. (10) As availability permits, Baptist Hospital will provide sufficient beds and one set of linen, as well as one hot meal and two cold meals per day. Meal costs will be invoiced to the City of Beaumont. (11) BPD retains command and control authority over all assigned City of Beaumont personnel. 4. RESPONSIBILITIES: a. FINANCIAL MANAGEMENT: No expenditures or purchases will be encumbered by any party through this agreement. b. LOGISTIC SUPPORT: (1) PLANS: There will be no additional plans to accompany this Memorandum of Agreement. (2) MAINTENANCE: All agencies will be responsible for maintenance of their respective equipment or facilities. (3) SUPPLY: All agencies will be responsible for any supplies they may require. Beds, linen and food will only be provided by Baptist Hospital if supplies are available. (4) TRANSPORTATION: All agencies will be responsible for their own transportation. (5) MANPOWER: Each organization will be required to supply its own manpower. c. OPERATIONAL SUPPORT: No operational support is anticipated at this time. d. AGREEMENT AND ADMINISTRATION: This Memorandum of Agreement is effective immediately upon signing by all parties and will only be terminated after one party notifies the other party 30 days in advance requesting termination. The Memorandum of Agreement supersedes all previous related agreements and addendums. It will be reviewed every three years from the effective date. e. POINTS OF CONTACT: (1) Beaumont Police Department, Frank Coffin Jr, Chief of Police, 255 College, Beaumont, Texas 77701. Phone number(409) 880-3801. (2) Beaumont Police Department, Tim Ocnaschek, Sergeant/POC,255 College, Beaumont, Texas 77701. Phone numbers: (409) 980-7275 or 980-7280. (3) Baptist Hospitals of Southeast Texas, Jay Deville, Administrative Director of Facility Management, P.O. Drawer 1591, Beaumont, Texas 77704; Phone number(409) 212- 5080/fax 212-5090. (4) Baptist Hospitals of Southeast Texas, David Parmer, C.E.O., P.O. Drawer 1591, Beaumont, Texas 77704; Phone number(409) 212-5012. (5) Baptist Hospitals of Southeast Texas, Jeremy Jenkins, Safety Officer, P.O. Drawer 1591, Beaumont, Texas 77704; Phone number (409) 212-5096 E MODIFICATION: This agreement may be modified upon mutual written consent of both parties. APPROVED BY: FRANK COFFIN JR. JAY DEVILLE Chief of Police Administrative Director of Facility Beaumont Police Department Management Memorial Hermann Baptist Beaumont Hospital Date: Date: KYLE HAYES DAVID PARMER City Manager C.E.O City of Beaumont Memorial Hermann Baptist Beaumont Hospital Date: Date: RICH VPITH OPPORTUNITY E T • E [IEA,U9 X . A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: August 24, 2010 REQUESTED ACTION: Consider designating a representative to apply for a license from the Texas Alcoholic Beverage Commission for the Henry Homberg Golf Course. RECOMMENDATION The Administration recommends that Jim Thompson, Parks and Recreation Director, be designated as the City's representative in its application for a license from the Texas Alcoholic Beverage Commission for the Henry Homberg Golf Course. BACKGROUND At the Work Session held August 17, 2010, staff discussed selling alcoholic beverages at Henry Homberg Golf Course, similar to the beverage services offered by other golf courses. The Parks and Recreation Department operates the golf course as an enterprise, and its staff believes that such sales will allow the Henry Homberg Golf Course to be more competitive, as well as enhance its opportunities to host tournaments. There is no conflict with existing City codes, in that alcoholic beverages are currently allowed at the golf course. However, the City does not have the State license necessary to allow it to make such sales. The State is requesting that a representative be designated to follow up on the application and subsequently manage the license. BUDGETARY IMPACT The cost of the license for a two-year period is $995. The Golf Course should generate additional revenues from increased tournaments and make the operation more self- sufficient. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT James W. Thompson, Parks and Recreation Director, be designated as the City of Beaumont's representative in its application for a license from the Texas Alcoholic Beverage Commission for the Henry Homberg Golf Course. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of August, 2010. - Mayor Becky Ames - RICH WITH OPPORTUNITY [1EAiUM0N* T • E x A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 24, 2010 REQUESTED ACTION: Council consider approving a contract amendment with Legacy Community Development Corporation (CDC) to allow for the acquisition of land for redevelopment. RECOMMENDATION The Administration recommends approval. BACKGROUND In April,the City entered into a contract with Legacy Community Development Corporation (CDC)to use $250,000 of HOME funds to acquire two homes,rehabilitate them and market them as lease-purchase properties for low-to-moderate income families. Legacy CDC is a new Community Housing Development Organization(CHDO)working to revitalize the north end. To date, a home on Royal Street and Falcon Street have been acquired and are in the process of being rehabilitated. This amendment would allow Legacy to use a portion of the $250,000 to acquire vacant lots in the north end. These lots could then be used by Legacy for redevelopment. Any and all income received by Legacy for leased properties must be used toward the organization's affordable housing activities. Community Development Department staff will be responsible for monitoring Legacy for HOME Program compliance. BUDGETARYIMPACT Funding is available form the 2008 and 2009 HOME Program. LEGACY COMMUNITY DEVELOPMENT CORPORATION August 12, 2010 City of Beaumont Attention: Chris Boone 801 Main Street Beaumont, Texas 77701 Dear Mr. Boone: This letter is being written to request an amendment to the HOME CHDO contract of Legacy CDC. Legacy has acquired the 2 proposed units and anticipates achieving the performance goals of its contract by September. At this time, the organization would like to request to amend the scope of work to allow for the acquisition of vacant property (up to 3 lots) within the city's targeted redevelopment area for the future development of affordable housing rental or homeownership). Ac isition/RehablLeass Current Budget Revised Budget Acquisition and rehabilitation of 2 single family foreclosures for $227,000 $227,000 lease/purchase Acquisition of vacant land(including $23,000 $23,000 closing costs Totals: $250,000 $250,000 If you have any questions, please feel free to contact me at 409-365-9850. Sync ly, Vi Ilou, ecutive i r 87 I-10 North PHONE (409)365-9850 Suite 2-135 FAX (409)727-5987 Beaumont,Texas E-MAIL legacycdc@yahoo.com 77707 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 amendment to the contract between the City of Beaumont and Legacy Community Development Corporation approved on April 13, 2010, in the amount of $250,000. The amendment would allow Legacy Community Development Corporation to use a portion of the $250,000 to acquire vacant lots in Beaumont's north end for redevelopment. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of August, 2010. - Mayor Becky Ames - 1 RICH WITH OPPORTUNITY BEA,UMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, City Engineer Po MEETING DATE: August 24, 2010 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in Bayou Willow Parkway, Part I. RECOMMENDATION The administration recommends approval of the following: • Bayou Willow Parkway approximately 2,444 feet south of existing Interstate Highway 10 Service Road towards State Highway 124(Fannet Road) dead ended before the BNSF Railroad tracks. Also,recommended for approval are the storm sewer,water and sanitary sewer improvements for Bayou Willow Parkway Part I,right-of-way only. BACKGROUND The aforementioned improvements in the Multi-Purpose Facility(BISD)parkway passed final inspection from all entities involved on July 29, 2010. BUDGETARYIMPACT None. lo - ROBERTS BAYOU WILLOW S`�P PARKWAY (PART 1) COMBS EMERY AtiF �A PART 2 p� v V� �P VICINITY MAP BAYOU WILLOW PARKWAY ( Part 1) RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Bayou Willow Parkway, Part I, have been completed as follows: Street • Bayou Willow Parkway approximately 2,444 feet south of existing Interstate Highway 10 Service Road towards State Highway 124 (Fannet Road) dead ended before the BNSF Railroad tracks. Storm Sewer, Water and Sanitary Sewer Improvements • Bayou Willow Parkway, Part I, right-of-way only. WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the above-referenced street, storm sewer, water and sanitary sewer improvements in Bayou Willow Parkway, Part I, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of August, 2010. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEA,UMON* T * E * R * A * S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 24,2010 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition: * Public Comment: Persons may speak on scheduled agenda item 7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)District to GC-MD(General Commercial-Multiple Family Dwelling)District for property at 3350 McFaddin 2. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property at 5710 Concord 3. Consider a request for a specific use permit to allow a boarding house in a GC- MD (General Commercial-Multiple Family Dwelling)District at 1557 Evalon 4. Consider a request for a specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 2504 Harriot 5. Consider a request for an amended specific use permit to allow a church in an RS (Residential Single Family Dwelling) and RM-H (Residential Multiple Family Dwelling-Highest Density)District at the northeast corner of Crow and Folsom Road 6. Consider a request for a specific use permit to allow a bookkeeping office in an RCR-H (Residential Conservation and Revitalization)District at 2522 Broadway 7. Consider approving the purchase of a bus wash system for Beaumont Municipal Transit WORKSESSION * Review and discuss the regulation of home day cares licensed by the State of Texas CON DIENTS * 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: Garner Environmental Services,Inc. Keith Breiner v. City of Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 August 24,2010 Consider a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)District to GC-MD (General Commercial-Multiple Family Dwelling)District for property at 3350 McFaddin x1ex wisx OPPO TUXI Y BEAUMON* 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: August 24, 2010 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property at 3350 McFaddin. RECOMMENDATION The Administration recommends approval of the zone change request. BACKGROUND Ravikumar Kanneganti Family Partnership has applied for a zone change. Mr. Kanneganti states that he has owned the property for the past seven years. The property consists of commercial suites on the first floor with apartments on the second floor. With the current RM-H zoning, any commercial tenants that Mr. Kanneganti could possibly rent to must first go through the specific use process. If the zoning is changed to GC-MD, he proposes to lease space to a sandwich shop, party and event rental, spa and salon. Currently,two spaces are leased to a child psychiatrist and a business that deals with weight loss,pain management and smoking cessation. The property immediately to the south is zoned GC-MD. At a Joint Public Hearing held August 16, 2010,the Planning Commission voted 8:0 to approve a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)District to GC-MD(General Commercial-Multiple Family Dwelling)District for property at 3350 McFaddin. 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 3350 MCFADDIN, 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 30-56 thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family Dwelling - Highest Density) District to GC-MD (General Commercial - Multiple Family Dwelling) District for property located at 3350 McFaddin, being Lots 13-20 and Lot 21, Tract 1, Block 7, Jarrett Addition, City of Beaumont,Jefferson County,Texas, containing 0.644 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 24th day of August, 2010. - Mayor Becky Ames - File 2042-Z: Request for a zone change from RM-H (Residential Multiple Family welling-Highest Density)District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district. Location: 3350 McFaddin Applicant: Ravikumar Kannegand Family Partnership 0 100 200 I i I I Feet Legend 2042Z _...a......_M__..� R-S NORTH ST C R -H �..,�. R H Z 0 { MCFADDIN AV RCR N EXHIBIT "A" 2 August 24,2010 Consider a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property at 5710 Concord SIOX WITX OPPOSTVXITY BEAUMON* T • X . z A . s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager L1►'f PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 24, 2010 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property at 5710 Concord. RECOMMENDATION The Administration recommends approval of the zone change request. BACKGROUND Nikolaus Klironomos, representing GMK Original, LLC,has applied for a zone change. Mr. Klironomos states that the purpose for the rezoning is to operate a payday loans and auto sales business. Properties east and south of the subject property are zoned GC-MD. The properties to the north and east/northeast are zoned RS. West of the subject property is RM-H zoning. Since 2000, there have been three zone change requests along the east side of Concord,between Cowart and Gober,that have been approved for GC-MD-2. Those properties abutted RS zoning. The GC-MD- 2 zoning would require an approved specific use permit prior to development. At a Joint Public Hearing held August 16, 2010,the Planning Commission voted 8:0 to approve a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property at 5710 Concord. 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING - 2) DISTRICT FOR PROPERTY LOCATED AT 5710 CONCORD 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 RM-H (Residential Multiple Family Dwelling - Highest Density) District to GC-MD-2 (General Commercial - Multiple Family Dwelling - 2) District for property located at 5710 Concord Road, being Plat D23, Tracts 29 and 29A, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.536 acres, more or less, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, 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 24th day of August, 2010. - Mayor Becky Ames - ile 2 4 -Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling- 'ghest Density) District to GC-MD (General Commercial Multiple Family Dwelling) District or more restrictive district. Location: 5710 Concord Applicant: GMK Original, LLC 0 100 200 L Feet _. . _ Legend ® 20472 R-S RM H m 100*, GC-MD Rollo RM-H GC-MD RM-H I EXHIBIT "A" 3 August 24,2010 Consider a request for a specific use permit to allow a boarding house in a GC-MD (General Commercial-Multiple Family Dwelling)District at 1557 Evalon Sfax WITS O'10STUSiTY BEAUMON* T • , 0 Z • A . s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 24, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a boarding house in a GC-MD (General Commercial- Multiple Family Dwelling) District at 1557 Evalon. RECOMMENDATION The Administration recommends approval of the specific use permit subject to the following conditions: • The applicant must provide seven parking spaces on the subject property that meet code or get a special exception to the parking requirement from the Zoning Board of Adjustment. • Any grading for the parking lot will be done so that it drains towards the street and not onto adjacent properties. • The structure will meet all fire,building and health codes that apply to boarding houses within the City of Beaumont. • A drawing from a professional surveyor must be submitted showing the location of the proposed parking and the location of the house. BACKGROUND Joseph Endari has applied for a specific use permit. The property is currently occupied by a single family residence and an adjacent building. Mr. Endari would like to convert these structures into a boarding house with an occupancy of two to seven persons. The submitted site plan shows five parking spaces at 90° angles with a 14'wide access lane. The Transportation Engineer states that a 24'wide access lane is required. In addition, an on-site visit of the property shows that the site plan does not coincide with what is on the ground. Measurements indicate that there is 18' from the front property line to the front of the house. At a Joint Public Hearing held August 16, 2010,the Planning Commission voted 8:0 to approve a specific use permit to allow a boarding house in a GC-MD (General Commercial-Multiple Family Dwelling)District at 1557 Evalon, subject to the following conditions: • The applicant must provide seven parking spaces on the subject property that meet code or get a special exception to the parking requirement from the Zoning Board of Adjustment. • Any grading for the parking lot will be done so that it drains towards the street and not onto adjacent properties. • The structure will meet all fire, building and health codes that apply to boarding houses within the City of Beaumont. • A drawing from a professional surveyor must be submitted showing the location of the proposed parking and the location of the house. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BOARDING HOUSE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 1557 EVALON IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use permit to Joseph Endari to allow a boarding house in a GC-MD (General Commercial- Multiple Family Dwelling) District located at 1557 Evalon, being Lot 4, Block 23, Jirou 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 boarding house in a GC-MD (General Commercial- Multiple Family Dwelling) District located at 1557 Evalon, being Lot 4, Block 23, Jirou Addition, City of Beaumont, Jefferson County, Texas, containing 0.14 acres, more or less, is hereby granted to Joseph Endari, 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 applicant must provide seven (7) parking spaces on the subject property that meet code or get a special exception to the parking requirement from the Zoning Board of Adjustment; • Any grading for the parking lot will be done so that it drains towards the street and not onto adjacent properties; • The structure will meet all fire, building and health codes that apply to boarding houses within the City of Beaumont; and • A drawing from a professional surveyor must be submitted showing the location of the proposed parking and the location of the house. 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 24th day of August, 2010. - Mayor Becky Ames - Ue 2 4 -P: Request for a specific use permit to allow a boardinghouse in a GC-MD General Commercial Multiple Family Dwelling) District. Location: 1557 Evalon Applicant: Joseph Endari 0 100 200 Feet Legend U ®GC M D 2043P PGC-MD U - C- D I EVALON AVE EVALON AVE G7 C r r Cn — ...�z U �-GC-M-D LI a Z G� -b ASHLEY AVE 7- LI LI GC-MD I i EXHIBIT "A" 140.00' a ' 6 s r I> o a ' z M 14-10" 40'-2° 140.00' * Approval subject to the following conditions: • The applicant must provide seven parking spaces on the subject property that meet code or get a special exception to the parking requirement from the Zoning Board of Adjustment. Any grading for the parking lot will be done so that it drains towards the street and not onto adjacent properties. • The structure will meet all fire,building and health codes that apply to boarding houses within the City of Beaumont. • A drawing from a professional surveyor must be submitted showing the location of the proposed parking and the location of the house. 4 August 24,2010 Consider a request for a specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 2504 Harriot Alex W1?X OPPORTVXITT BEAUMON* T • s * z . A . s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G )%5 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 24, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 2504 Harriot. RECOMMENDATION The Administration recommends approval of the specific use permit subject to the following conditions: • Provide six parking spaces on the subject property that meet code or get a special exception to the parking requirement from the Zoning Board of Adjustment. • If a building is to be moved onsite, it will meet the State of Texas Industrialized Housing and Building Standards and conform to Sec. 30-35.1 of the Zoning Ordinance. BACKGROUND Tonya Brown has applied for a specific use permit. Ms. Brown states that the beauty shop will house three chairs. In addition to herself, Ms. Brown will have two other beauty operators working at the shop. The shop will be open Tuesday- Saturday, 8 a.m. to 7 p.m. The parking requirement for three chairs with 3 employees will be six parking spaces. Five parking spaces can be accommodated on the property. Six parking spaces that meet code must be provided on the subject property or a special exception to the parking requirement must be obtained from the Zoning Board of Adjustment. In addition, an 8'tall wood screening fence and a 10' wide landscape strip will be provided. A sidewalk already exists along Houston Street. At a Joint Public Hearing held August 16,2010, the Planning Commission voted 8:0 to approve a specific use permit to allow a beauty shop in an RM-H(Residential Multiple Family Dwelling- Highest Density) District at 2504 Harriot subject to the following conditions: • Provide six parking spaces on the subject property that meet code or get a special exception to the parking requirement from the Zoning Board of Adjustment. • If a building is to be moved onsite, it will meet the State of Texas Industrialized Housing and Building Standards and conform to Sec. 30-35.1 of the Zoning Ordinance. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BEAUTY SHOP IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICT LOCATED AT 2504 HARRIOT 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 Tonya Brown to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling- Highest Density) District located at 2504 Harriot, being Lot 32, Block 12, Booker Heights, City of Beaumont, Jefferson County, Texas, containing 0.13 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 beauty shop in an RM-H (Residential Multiple Family Dwelling- Highest Density) District located at 2504 Harriot, being Lot 32, Block 12, Booker Heights, City of Beaumont, Jefferson County, Texas, containing 0.13 acres, more or less, is hereby granted to Tonya Brown, her 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: • For a three (3) chair shop, provide six (6) parking spaces on the subject property that meet code or get a special exception to the parking requirement from the Zoning Board of Adjustment. • If a building is to be moved onsite, it will meet the State of Texas Industrialized Housing and Building Standards and conform to Sec. 30- 35.1 of the Zoning Ordinance. 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 24th day of August, 2010. - Mayor Becky Ames - File 2044-P: Request for a specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density) District. Location: 2504 Harriot Applicant: Tonya Brown 0 100 200 1 I 1 Feet - Legend EmjFRM- ® 2044P R I 1 EUCLID ST RM-H RM-H o c N 0 Z H CA- RM-H HARRIOT ST R -H RM-H _ I SOUTHERLAND ST Yz O ' C Cn �M RM-H 0 R -H R H I N t 1 f EXHIBIT "A" T,7':31 srKP ' M 2 3 ba * Approval subject to the following conditions: spaces on the subject • For a three (3) chair shop, provide six (6) parking P property that meet code or get of Adjustment.ial exc exception to the parking requirement from the Zoning Bo • If a building is to be moved onsite, it will meet the State of Texas Industrialized Housing and Building Standards and conform to Sec. 30- 35.1 of the Zoning Ordinance. 'L 5 August 24,2010 Consider a request for an amended specific use permit to allow a church in an RS (Residential Single Family Dwelling) and RM-H(Residential Multiple Family Dwelling-Highest Density) District at the northeast corner of Crow and Folsom Road x1ex WITS OPPOSTOSITT BEAUMON* T • $ * a • A • B City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C13 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 24, 2010 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow a church in an RS (Residential Single Family Dwelling)and RM-H(Residential Multiple Family Dwelling-Highest Density)District at the northeast corner of Crow and Folsom Road. RECOMMENDATION The Administration recommends approval of the amended specific use permit subject to the following conditions: • Provide the necessary landscaping in the designated islands within the parking lots. • Sidewalks shall be constructed in phases with Phase I sidewalks being constructed prior to issuance of Certificate of Occupancy. • Provide landscaping and/or fencing around the perimeter of the detention pond. BACKGROUND Fittz and Shipman,Inc., representing New Light Church World Outreach and Worship Center, Inc.,has requested an amended specific use permit. In January, 2007, City Council approved a specific use permit for the church to build on the subject property subject to the construction of a screening fence, deleting the driveway on Treadway and installing directional lighting. The proposed church facility was to include a 1,000 seat, 20,000 sq. ft. sanctuary, a 17,000 sq. ft. family life center and related parking. As part of the building permit approval process, DD#6 required that a detention basin be constructed on the southeast corner of the property. A building permit was issued for the Family Life Center in April, 2008. This amended specific use permit has been submitted to revise the site plan to correlate with the approved building permit plans and indicate future development for the site. Phase One consists of the two story,20,033 sq. ft. Family Life Center that will include a 562 seat worship center, 156 parking spaces and a 48 sq. ft. sign that is 12 feet tall. Future construction will include a two story, 20,000 sq. ft. sanctuary and additional parking and landscaping. Sidewalks are being constructed along both Folsom and Crow Roads. At a Joint Public Hearing held August 16,2010,the Planning Commission voted 8:0 to approve an amended specific use permit to allow a church in an RS (Residential Single Family Dwelling) and RM-H(Residential Multiple Family Dwelling-Highest Density) District at the northeast corner of Crow and Folsom Road subject to the following conditions: • Provide the necessary landscaping in the designated islands within the parking lots. • Sidewalks shall be constructed in phases with Phase I sidewalks being constructed prior to issuance of Certificate of Occupancy. • Provide landscaping and/or fencing around the perimeter of the detention pond. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO NEW LIGHT CHURCH WORLD OUTREACH AND WORSHIP CENTER, INC., TO ALLOW A CHURCH IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AND AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICT AT THE NORTHEAST CORNER OF CROW ROAD AND FOLSOM DRIVE. WHEREAS, on January 9, 2007, City Council approved Ordinance 07-002 issuing a specific use permit to New Light Church World Outreach and Worship Center, Inc., to allow a church in an RS (Residential Single Family Dwelling) District and an RM-H (Residential Multiple Family Dwelling - Highest Density) District for property located at the northeast corner of Crow Road and Folsom Drive; and, WHEREAS, as part of the building permit approval process, Jefferson County Drainage District No. 6 required that a detention basin be constructed on the southeast corner of the property; and WHEREAS, a building permit was issued for the Family Life Center in April, 2008; and WHEREAS, the applicant, new Light Church World Outreach and Worship Center, Inc., wishes'to amend the specific use permit to revise the site plan to correlate with the approved building permit plans and indicate future development for the site at the northeast corner of Crow Road and Folsom Drive, as described on 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 for the property above-described; 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, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance 07-002 be amended by amending the specific use permit granted to New Light Church World Outreach and Worship Center, Inc., its legal representatives, successors, and assigns for that certain tract described in Exhibit"A"and shown on Exhibit "B," attached hereto and made a part hereof for all purposes, to revise the site plan to correlate with the approved building permit plans and indicate future development for the site, subject to the following conditions: • Provide the necessary landscaping in the designated islands within the parking lots; • Sidewalks shall be constructed in phases with Phase I sidewalks being constructed prior to issuance of Certificate of Occupancy; and • Provide landscaping and/or fencing around the perimeter of the detention pond. 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 07-002 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 Beaumont this the 24th day of August, 2010. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a capped iron rod found at the intersection of the north right-of-way line of Folsom Road and the east right-of-way line of Crow Road for the southwest corner of the said 7.388 acre tract; THENCE North 01°20'15" West along the said east right-of-way line of Crow Road and the west line of the said 7.388 acre tract a distance of 300.47 feet(called North 01°17'00" West) to a %2" iron rod found for an angle point; THENCE North 01°17'00" West continuing along the said east right-of-way line of Crow Road and the said west line of the 7.388 acre tract a distance of 403.80 feet(called North 01'17'00" West 403.61 feet)to a 5/8" iron rod found for the southwest corner of a called 2.433 acre tract conveyed to Jack L. Koshkin as recorded in Clerks File No. 9734905 of the Official Public Records of Real Property of Jefferson County,Texas and the northwest corner of the said 7.388 acre tract from which a 5/8" iron rod found for the northwest corner of the said 2.433 acre tract bears North 01'26'24" West 162.02 feet(called North 161.10 feet); THENCE South 89°00'43" East along the south line of the said 2.433 acre tract and the north line of the said 7.388 acre tract a distance of 656.58 feet(called East and North 89°34'00" East 655.75 feet)to a capped iron rod found in the west line of a tract conveyed to Earl D. Barrilleaux as recorded in Volume 612, Page 306 of the Deed Records of Jefferson County, Texas for the northeast corner of the said 7.388 acre tract; THENCE South 00°17'21" East along the said west line of the Barrilleaux tract and a east line of the said 7.388 acre tract a distance of 46.01 feet(called South 03 020'00" East 46.00 feet)to a %2" iron rod found for the most northerly corner of a tract conveyed to J.E. Bennett as recorded in Film Code 101-66-1302 of the Real Property Records of Jefferson County, Texas and an exterior corner of the said 7.388 acre tract; THENCE South 42°20'56" West along the northwesterly line of the said Bennett tract and those tracts conveyed to Curtis E. Holland as recorded in Film Code 102-65-2029 of the Real Property Records of Jefferson County, Texas and Wayne F. Ivers and wife,Helen Ivers as recorded in Volume 1429,Page 596 of the Deed Records of Jefferson County, Texas being a southeasterly line of the said 7.388 acre tract a distance of 522.90 feet(called South 40°52'00" West 522.50 feet)to a %2" iron rod found for the west corner of the said Ivers tract and an interior corner of the said 7.388 acre tract; THENCE South 73°00'42" East along the southwesterly line of the said Ivers tract and an interior line of the said 7.388 acre tract a distance of 221.54 feet(called South 74 032'00" East 221.39 feet)to a%2" iron rod found in the northwesterly right-of-way line of Treadway Road for the south corner of the said Ivers tract and an exterior corner of the said 7.388 acre tract; EXHIBIT "A" LEGAL DESCRIPTION continued THENCE South 42'15'30" West along the said northwesterly right-of-way line of Treadway Road and a southeasterly line of the said 7.388 acre tract a distance of 196.31 feet(called South 40°54'00" West 196.25 feet)to a 3/4" iron rod found for an angle point; THENCE South 48°03'38"West continuing along the said northwesterly right-of-way line of Treadway Road and southeasterly line of the said 7.388 acre tract a distance of 54.80 feet (called South 47°05'00" West 54.35 feet)to a 3/4" iron rod found at the intersection of the said northwesterly right-of-way line of Treadway Road and the said north right-of-way line of Folsom Road for the southeast corner of the said 7.388 acre tract; THENCE South 87°36'38" West along the said north right-of-way line of Folsom Road and the south line of the said 7.388 acre tract a distance of 327.79 feet(called South 88 007'20" West 327.87 feet) to the POINT OF BEGINNING and containing 7.388 acres of land,more or less. File 2046- : Request for an amended specific use permit to allow a church in an RS (Residential Single Family Dwelling) District and RM-H (Residential Multiple Family Dwelling-Highest Density)District. Location: Northeast corner of Crow and Folsom Applicant: Fittz &Shipman, Inc. 0 100 200 I i Feet Legend R ® 2046P RMA=H R_ -H 0 0 v �O PO R-S R-S FOLSOM DR 4 t,. t EXHIBIT "B" 90, 1181HX3 -- --- - KEY QTY, DESCRIPTION �F PEPED LANSG EARL D.BARRILLEAUK - MLG 22 MAGNOLIA GRANDIFLORA y„ VOL 612 PC.306 - (MAGNOLIA LITTLE GEM) 2-1/2" CAL. 30 C O FOUND ln• •}" WLmae• ON ROD C], _ `\ . . CM 27 CRAPEMYRTLE 14 GAL. -BOX MLG '� N E r •\e PF 31 LIGUSTRUM JAPONICUM aE.SENNETT -' PF F.C.1101-66-1302 (WAX LUG) 5 GAL. O '8 ML ---'6 ♦♦♦♦♦ IH 150 RAPHIOLEPIS INDICA (INDIAN HAWTHORNE) 1 X" Q ¢+ PF -r-- a •. . CL U O "' __ ♦t PF GRASS VERIFY CYNODON DACTYLON y, 1--- ---- MLG ST. AUGUSTINE SULID A;; AREAS TO BE GR< ____ cuans E HauNO MLG TO HYDROMULCHING WORK. 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'" -. 1 -.wa'r x-..l�.cw�.y� fmy'G — QII C`4"�C'�`��`=III, IFI CROW ROAD 6 August 24,2010 Consider a request for a specific use permit to allow a bookkeeping office in an RCR-H (Residential Conservation and Revitalization) District at 2522 Broadway x1ex WITU OFFOSTVNITT BEAUMON* T • Z • z • A . s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G�9 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 24, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a bookkeeping office in an RCR-H(Residential Conservation and Revitalization) District at 2522 Broadway. RECOMMENDATION The Administration recommends approval of the specific use permit subject to the following condition: • Install a couple of Type B plants along the Broadway frontage of the property. BACKGROUND Dinah Davis and Karen Prater with On Tyme Bookkeeping and Tax Service have applied for a specific use permit. The applicants state that they currently operate an office at 2160 Washington. Their business caters to individuals and small businesses. Their primary services are in bookkeeping, filing,tax preparation and notary services. Hours of operation are from 10:00 a.m. - 5:00 p.m., Monday through Friday. During tax season,the office will be open until 9:00 p.m. weekdays. The business will occupy space in an existing office building. At a Joint Public Hearing held August 16, 2010,the Planning Commission voted 8:0 to approve a specific use permit to allow a bookkeeping office in an RCR-H (Residential Conservation and Revitalization) District at 2522 Broadway subject to the following condition: • Install a couple of Type B plants along the Broadway frontage of the property. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BOOKKEEPING OFFICE IN AN RCR- H (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2522 BROADWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use permit to Dinah Davis and Karen Prater d/b/a On Tyme Bookkeeping and Tax Service to allow a bookkeeping office in an RCR-H (Residential Conservation and Revitalization) District located at 2522 Broadway, being Lots 22-24, Block 45, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.52 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 bookkeeping office in an RCR-H (Residential Conservation and Revitalization) District located at 2522 Broadway, being Lots 22-24, Block 45, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.52 acres, more or less, is hereby granted to Dinah Davis and Karen Prater d/b/a On Tyme Bookkeeping and Tax Service, 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: • Install a couple of Type B plants along the Broadway frontage of the property. 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 24th day of August, 2010. - Mayor Becky Ames - File 2048-P: Request for a bookkeeping office in an RCR-H(Residential Conservation and Revitalization-H) District. Location: 2522 Broadway pplicant: On Tyme Bookkeeping and Tax Service 0 100 200 l I I Feet - 1 Legend C-MD ® 2048P CALDER AVE I C- D GC-MD R �R-H R ► R-H i BROADWAY ST l t RCR H � RR-H k , EXHIBIT "A" c>F f- C-r- Z r * Approval subject to the following condition: • Install a couple of Type B plants along the Broadway frontage of the property. EXHIBIT "B" 7 August 24,2010 Consider approving the purchase of a bus wash system for Beaumont Municipal Transit RICH WITH OPPORTUNITY 11co ,1114 0 1 T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 24, 2010 REQUESTED ACTION: Council consider the purchase of a bus wash system for Beaumont Municipal Transit. RECOMMENDATION Administration recommends authorization to purchase a bus wash system from Washing Equipment of Texas through the Houston-Galveston Area Council in the amount of$191,306.88. BACKGROUND The new fully automated drive-through bus wash system is needed to replace the existing system which has deteriorated due to age. The existing roll-over wash system was installed in 1993 and has experienced frequent malfunctions in recent years. The water reclamation system no longer functions. The existing equipment will be removed by the contractor and the new system will be installed within the existing wash building on the Transit facility property located at 550 Milam Street. The contractor will use the existing underground tank as part of the new water reclamation system. Pricing for this purchase was obtained through the Houston-Galveston Area Council (H-GAC). H-GAC is a cooperative purchasing association that provides contracted items to governmental entities with the means to purchase products and services that have been bid in accordance with all State procurement regulations. Washing Equipment of Texas is a contracted vendor through H-GAC. BUDGETARY IMPACT Grant funds for this expenditure have been awarded to the City under the American Recovery and Reinvestment Act of 2009. No matching funds are required. 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 a bus wash system from Washing Equipment of Texas in the amount of$191,306.88 through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program for use by Beaumont Municipal Transit. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of August, 2010. - Mayor Becky Ames - WORKSESSION * Review and discuss the regulation of home day cares licensed by the State of Texas