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PACKET MAY 03 2011
RICK NITS OPPORTUNITY BEAUMON* T * Z * X * A * 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 3, 2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—April 19,2011 * Confirmation of committee appointments Christina Howard would be appointed as Chairman of the Library Commission. The term would commence May 3, 2011 and expire May 2,2012. (Mayor Becky Ames) Sina Nejad-Engineer would be reappointed to the Construction Board of Appeals(Building). The current term would expire January 24,2013. (Mayor Becky Ames) Molly J. Dahm,PhD would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 23, 2012. (Councilmember Audwin M. Samuel) A. Approve Change Order No. 2 for the Event Center Project B. Amend Resolution No. 11-125 to include CenterPoint Energy Resources Corp. as a party to the Hearing in the matter of Munro Uniform Services, LLC C. Approve an application for, and acceptance of,new funding for the Southeast Texas Auto Theft Task Force D. Authorize the City Manager to increase the Frint Road Lift Station Rehabilitation Project amount E. Amend Resolution 11-103, a resolution of preliminary support of the proposed AzurePoint, a proposed Low Income Housing Tax Credit project F. Authorize the acceptance of a five foot(5')wide Exclusive Water Meter Easement RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Beginning Expiration Appointment Commission of Term of Term Christina Howard, Library Commission 05/03/11 05/02/12 Chairman THAT the following reappointments be made: Beginning Expiration Reappointment Commission of Term of Term Sina Nejad Construction Board of Appeals 05/03/11 01/24/13 Molly J. Dahm Convention and Tourism Advisory Board 05/03/11 10/23/12 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of May, 2011. - Mayor Becky Ames - A RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: May 3,2011 REQUESTED ACTION: Council consider approval of Change Order No. 2 for the Event Center Project. RECOMMENDATION Administration recommends approval of Change Order No. 2 for excavation of fill material at the Event Center site in the amount of$56,647. BACKGROUND Change Order No. 2 reflects additional costs for excavation and removal of fill material from the site and lake area. Original estimates of fill material to be removed were 6,500 cubic yards. As worked progressed, the contractor determined that additional fill material needed to be removed. The original base price of the construction contract was $8,126,000. Change Order No. 1 in the amount of$60,101 increased the contract amount to $8,186,101. Change Order No. 2 increases the contract amount by less than 1%. BUDGETARY IMPACT Funds for this project are available in the Capital Program. AIA Document G701 TM - 2001 Change Order PROJECT(Name and address): CHANGE ORDER NUMBER:002 OWNER:❑ The Event Center,Lawn and Lake DATE:April 11,2011 ARCHITECT:❑ CONTRACTOR:❑ TO CONTRACTOR(Name and address): ARCHITECT'S PROJECT NUMBER:CBUn70l.B FIELD:❑ CF Jordan Construction CONTRACT DATE:5/11/2010 9801 Westheimer,Suite 320 CONTRACT FOR:General Construction OTHER: Houston,TX 77042-3978 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) CIOD006-Additional Lake Excavation........................................................................ADD$56,647.00 The original Contract Sum was $ 8,126,000.00 The net change by previously authorized Change Orders $ 60,101.00 The Contract Sum prior to this Change Order was $ 8,186,101.00 The Contract Sum will be increased by this Change Order in the amount of $ 56,647.00 The new Contract Sum including this Change Order will be $ 8,242,748.00 The Contract Time will be increased by four(4)days. The date of Substantial Completion as of the date of this Change Order therefore is June 25,2011 NOTE:This Change Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. SWA Group CF Jordan Construction LLC City of Beaumont ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name) 1245 West 18ffi Street 9801 Westheimer,Suite 320 801 Main Street 200 Houston,TX 77008 Houston,TX 77042-3978 Beaumont,TX 77701 ADDRESS AD ADDRESS C,�0 /Z/,,Z- - r F 0-�m - BY gnature) ign u e BY(Signature) (Typed name) (Typed am (Typed name) DATE DATE r� DATE AIA Document G701 TM—2001.Copyright©1979,1987,2000 and 2001 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:08:05 on 04/11/2011 under Order No.5965394158_1 which expires on 01/16/2012,and is not for resale. User Notes: (1901617767) RESOLUTION NO. WHEREAS, on April 20, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-100 awarding a contract in the amount of$8,126,000 to C. F. Jordan Construction, L.L.C., of Houston, Texas, for Alternates 1, 2, 3, 4, 5, 6 and 8 for the construction of the Event Center, Lake and Lawn in downtown Beaumont; and WHEREAS, on December 14, 2010, the City Council of the City of Beaumont, Texas passed Resolution No. 10-326 for Change Order No. 1 in the amount of $60,101 that included costs associated with the unforseen casing and concrete work, additional excavation and rough grading beyond the original scope of work, substitution of aluminum composite exterior building panels, thereby increasing the contract amount to $8,186,101 and extending the completion time by twenty-eight (28) days; WHEREAS, Change Order No. 2 in the amount of $56,647 is necessary for additional costs incurred by the contractor, C.F. Jordan Construction, L.L.C., for the excavation and removal of fill material, thereby increasing the contract amount to $8,242,748; 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; and THAT the City Manager be and he is hereby authorized to execute Change Order No. 2 for additional work described above, thereby increasing the contract amount by $56,647 for a total contract amount of$8,242,748. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of May, 2011. - Mayor Becky Ames - B RICH WITH OPPORTUNITY IIEAI[11�10N* City Council Agenda Item T - E - X - A - S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone Cooper, City Attorney#6---*, MEETING DATE: May 3, 2011 REQUESTED ACTION: Council consider amending Resolution No. 11-125 to reflect that CenterPoint Energy Resources Corp. was a party to the Hearing in the matter of Munro Uniform Services,LLC.held before the City Council on April 5, 2011. RECOMMENDATION The Administration recommends amending Resolution No. 11-125 to reflect that CenterPoint Energy Resources Corp. was a party to the Hearing in the matter of Munro Uniform Services, LLC. held before the City Council on April 5, 2011. BACKGROUND CenterPoint Energy Resources Corp. was a party to the City Council Hearing held April 5, 2011 in the matter of Munro Uniform Services, LLC. It is requested that Resolution No. 11-125 be amended to reflect that CenterPoint Energy Resources Corp. was a party to the Hearing. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, on April 5, 2011, the City Council passed Resolution No. 11-125 recognizing its exclusive original jurisdiction over the rates, operations and services of CenterPoint Energy, Inc. and not intending to surrender said jurisdiction to the Railroad Commission by its action, declined to accept jurisdiction of the matter in that it is not a rate dispute; and, WHEREAS, CenterPoint Energy Resources Corp. was a party to the City Council Hearing held April 5, 2011 in the matter of Munro Uniform Services, LLC.; and, WHEREAS, it is requested that Resolution No. 11-125 be amended to reflect that CenterPoint Energy Resources Corp. was a party to the Hearing before the City Council. 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; and, That Resolution No. 11-125 is hereby amended to reflect that CenterPoint Energy Resources Corp. was a party to the Hearing in the matter of Munro Uniform Services, LLC. held April 5, 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of May, 2011. - Mayor Becky Ames - c ti a 7eisili4mi City Council Agenda Item ,X��%L TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin Jr., Chief of Police G MEETING DATE: May 3, 2011 REQUESTED ACTION: Council consider authorizing an application for, and acceptance of, new funding for the Southeast Texas Auto Theft Task Force RECOMMENDATION Administration recommends approval of an application for, and acceptance of, new funding for the Southeast Texas Auto Theft Task Force. BACKGROUND The Southeast Texas Auto Theft Task Force is a multi jurisdiction agency comprised of seven personnel from the Beaumont Police Department, and one each from Jefferson County Sheriff's Office, Pt. Arthur Police Department and the Hardin County Sheriff's Office. Since the inception of the Task Force, motor vehicle thefts have decreased in Beaumont by 83.7% from 1721 in 1992 to 281 in 2009. The Task Force currently covers Jefferson, Orange, Hardin, and Jasper Counties. The Task Force focuses efforts in two areas: investigations, which target vehicle burglaries and vehicle thefts, and public awareness, which uses media campaigns, training and public presentations to promote prevention techniques and awareness. The City of Beaumont has been the grantee of the Southeast Texas Auto Theft Task Force since 1993. The Task Force is presently operating on $561,005 funded by the Texas Automobile Theft Prevention Authority. Participating agencies are also providing $232,781 in cash match, and $334,300 in "in-kind" match for a total project cost of$ 1,128,086. As a result of Title 43, Part III, Chapter 57 of the Texas Administrative Code, local government agencies may apply for one year funding for a State Grant through the Texas Automobile Burglary and Theft Prevention Authority. The grant cycle will begin on September 1, 2011 and end on August 31, 2012. BUDGETARYIMPACT The application for FY2012 is in the amount of$1,166,234. State funds in the amount of $625,192 are being requested from the Automobile Burglary and Theft Prevention Authority. The Beaumont Police Department will provide $147,978 as a cash match in the form of personnel benefits, fuel, and maintenance for vehicles, while other agencies will provide an additional $47,426 in cash match. An "in-kind" match of$345,638 will also be provided in the form of salaries for personnel. 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 funding in the amount of $625,192 through the Automobile Burglary and Theft Prevention Authority Fund for the Southeast Texas Auto Theft Task Force to provide vehicle burglary and theft investigations and crime prevention education . BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute all documents necessary to apply for and accept said funding. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of May, 2011. - Mayor Becky Ames - D RICH WITH OPPORTUNITY 11EA-,[111C11114( T • E • x A a s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, P.E., Water Utilities Director MEETING DATE: May 3, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to increase the Frint Road Lift Station Rehabilitation Project amount. RECOMMENDATION The Administration recommends approval of increasing the contract with Placo, Ltd., Lumberton, Texas, for the Frint Road Lift Station Rehabilitation Project by the amount of $18,069.60. This increase will furnish the replacement of the proposed sanitary sewer vent stack with a PVC goose-neck type vent,the replacement of the proposed foam insulation on the backflow preventer with armor insulation,the replacement of the proposed 10" cam-lock and sanitary sewer cap with a 6" cam-lock and cap including a 10"x6" reducer. This increase will also include the installation of a radio communications system at the Frint Road Lift Station and the Wastewater Treatment Plant. This increase includes the addition of 45 calendar days to the original contract time. The proposed extra work will represent a total increase of 2.70%to the original contract amount. BACKGROUND The existing lift station was built in the 1970's. The lift station size and capacity are in need of upgrades due to increased flows from development in the service area, including Ford Park. The proposed lift station will provide existing customers in the area with uninterrupted service and will accommodate future growth. The proposed lift station site will be located adjacent to the existing lift station. Previous actions include: Resolution 10-197 in the amount of$667,876.37 was passed by the City Council on July 27, 2010. BUDGETARYIMPACT Funds for the project are provided by the Capital Program. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Ones DATE: April 20,2011 PROJECT: City of Beaumont,Texas Frint Road Lift Station OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Placo,LTD. P.O.Box 8120 Lumberton,Texas 77657-0120 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: To provide for 1)Replacing the proposed SS vent stack with a 12"PVC goose-neck type vent and replacing the proposed foam insulation on the RPZ with armor insulation 2)Replacing the proposed 10"cam-lock and SS cap with a 6"cam-lock and SS cap including a 10"x6"reducer and furnishing and installing a radio communications system to be installed at the Frint Rd.Lift Station and the Wastewater Treatment Plant ORIGINAL CONTRACT AMOUNT: $ 667.876.37 THIS CHANGE ORDER Description: Net Change Replacing the proposed SS vent stack with a 12"PVC goose-neck type vent and $ (250.00) replacing the proposed foam insulation on the RPZ with armor insulation Replacing the proposed 10"cam-lock and SS cap with a 6"cam-lock and SS cap $ 18,319.60 including a 10"x6"reducer and furnishing and installing a radio communications system to be installed at the Frint Rd.Lift Station and the Wastewater Treatment Plant TOTAL AMOUNT OF THIS CHANGE ORDER $ 18.069.60 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 685,945.97 CONTRACT TIME Original Contract Time: 240 Additional Time Requested: 45 Revised Contract Time per this Change Order 285 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." MFtcowtmen Approved by: Accepted by nc. City of Beaumont Placo,L Engineer Owner Contracto Date: Date: Date: Z_, — L RESOLUTION NO. WHEREAS, on July 27, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-197 awarding a contract in the amount of$667,876.37 to Placo, Ltd., of Lumberton, Texas, for the Frint Road Lift Station Rehabilitation Project; and, WHEREAS, Change Order No. 1 in the amount of$18,069.60 is required to furnish the replacement of the proposed sanitary sewer vent stack with a PVC goose-neck type vent, the replacement of the proposed foam insulation on the backflow preventer with armor insulation, the replacement of the proposed 10" cam-lock and sanitary sewer cap with a 6"cam-lock and cap including a 10"x 6" reducer. This increase will also include the installation of a radio communications system at the Frint Road Lift Station and the Wastewater Treatment Plant, thereby increasing the contract amount to$685,945.97 and extending the completion time by forty-five (45) days; 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; and That the City Manager be and he is hereby authorized to execute Change Order No. 1 in the amount of$18,069.60, thereby increasing the contract amount to $685,945.97. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of May, 2011. - Mayor Becky Ames - E RICH WITH OPPORTUNITY BEAUMO * T • E `- x • A N S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: May 3, 2011 REQUESTED ACTION: Council consider an amendment to Resolution 11-103, a resolution ofpreliminary support ofthe proposed Azure Point, a proposed Low Income Housing Tax Credit (LIHTC) project. RECOMMENDATION The Administration recommends approval. BACKGROUND The NRP Group, in partnership with the Beaumont Housing Authority, will soon be submitting an application to the Texas Department of Housing and Community Affairs(TDHCA)for use of LIHTC funds for the construction of a one hundred forty(140)unit housing development at the corner of Eastex Freeway and Chinn Lane. Currently, the area of the proposed development has more than twice the state average of subsidized housing units per capita. As such, additional subsidized units would not be allowed in this area unless the proposed development and the allocation of tax credits is supported by the City Council. On March 8, 2011, the City Council approved Resolution 11-103, offering preliminary support of the application and an acknowledgment of the high level of tax credit supported residential units in the city, as outlined in Section 50.5(a)(7) of the Qualified Allocation Plan. The proposed resolution would amend Resolution 11-103 to offer the same acknowledgment, but instead reference Section 49.8(2)(A) of the of the Texas Administrative Code and the 2011 Qualified Allocation Plan. To date, no local funding has been requested. Any request to use HOME funds would be submitted to City Council for consideration. Also, approval of this resolution of support would only be preliminary in that all necessary permits and zoning regulations would need to be complied with before the project could begin construction. BUDGETARY IMPACT None at this time, but use of 2011 HOME funds may be considered at a future date. RESOLUTION NO. WHEREAS, on March 8, 2011, the City Council passed Resolution No. 11-103 granting preliminary support of the proposed Azure Point, a proposed Low Income Housing Tax Credit (LIHTC) project; and, WHEREAS, it is requested that Resolution No. 11-103 be amended to reference Section 49.8(2)(A) of the Texas Administrative code and the 2011 Qualified Allocation Plan, rather than Section 50.5(a)(7) of the 2010 Qualified Allocation Plan; and, 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; and, That Resolution No. 11-103 is hereby amended to reference Section 49.8(2)(A) of the Texas Administrative Code. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of May, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY r City Council Agenda Item T • E • Z • A - S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: May 3, 2011 REQUESTED ACTION: Council consider authorizing the acceptance of a five foot (5') wide Exclusive Water Meter Easement. RECOMMENDATION The Administration recommends acceptance of a Water Meter Easement located at 6456 Phelan Blvd. BACKGROUND Beaumont Westmont, LLC has agreed to convey a five foot(5')wide Water Meter Easement to the City of Beaumont. The property is described as out of 0.0006 Acre Out of Lot 6, Block C, T. H. Langham Subdivision located at 6456 Phelan Blvd. This Water Meter Easement is recommended for approval by the City Manager, Public Works Director and Water Utilities Director. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, Beaumont Westmont, LLC has offered to convey a five foot (6) wide water meter easement to the City of Beaumont, said easement being a 0.0006 acre tract out of Lot 6, Block C of the T.H. Langham Subdivision, located at 6456 Phelan Boulevard, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same 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; and THAT the water meter easement conveyed by Beaumont Westmont, LLC, as described in Exhibit"A"and shown on Exhibit"B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of May, 2011. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER METER EASEMENT THAT, BEAUMONT WESTMONT, LLC, of the County of Jefferson, State of Texas hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Meter Easement and the exclusive right to construct, alter, and maintain said water meters and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water meters and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. EXHIBIT "A" GRANTOR agrees not to place any structures or appurtenances within the Easement Property. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2011. GRANTOR: BEAUMONT WESTMONT, LLC By: Printed Name: Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME,the undersigned authority, on this day personally appeared of BEAUMONT WESTMONT, LLC, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2011. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont, TX 77704 Fittz&Shipman INC. Consulting Engineers and Land Surveyors r Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) EXHIBIT A,PAGE 1 OF 3 Terry G.Shipman,Chairman of Board FIELD NOTE DESCRIPTION Billy 1.Smith,Jr.,President Donald R.King,P.E. OF A Michelle Falgout,P.E. 0.0006 ACRE TRACT Walter).Ksiazek,R.P.L.S. FOR A 5' WIDE EXCLUSIVE WATER METER EASEMENT OUT OF LOT 6,BLOCK"C" OF THE T. H. LANGHAM SUBDIVISION JEFFERSON COUNTY,TEXAS APRIL 20,2011 That certain 0.0006 acre tract for a 5 wide exclusive water meter easement out of Lot 6, Block "C" of the T. H. Langham Subdivision, Jefferson County, Texas and being out of a called 8.902 acre tract (Tract 1) conveyed to Beaumont Westmont, LLC as recorded in Clerks File No. 2009024827 of the Official Public Records of Jefferson County, Texas, said 0.0006 acres being more particularly described by metes and bounds as follows: NOTE: The Basis of Bearings is the east line of a called 1.334 acre tract conveyed to Asa Holdings, LP as recorded in Clerks File N. 2004036163 of the Official Public Records of Jefferson County, Texas and a portion of the west line of the said 8.902 acre tract having been called North 00 010'30" East 188.50 feet. COMMENCING at a concrete monument found in the northerly right-of-way line of Phelan Boulevard and the west line of the said 8.902 acre tract for the southeast corner of the said 1.334 acre tract; THENCE North 00°10'30" East along the east line of the said 1.334 acre tract and the said west line of the 8.902 acre tract a distance of 141.55 feet to a point from which a PK nail found for the northeast corner of the said 1.334 acre tract and an interior corner of the said 8.902 acre tract bears North 00°10'30" East 46.96 feet (called North 00°10'30" East); THENCE North 89 056'53" East a distance of 9.61 feet to a point for the northwest corner of a building; THENCE North 89 056'53" East along the north line of said building a distance of 30.90 feet to a point for the southwest corner of the said 0.0006 acre tract and the POINT OF BEGINNING; THENCE North 00°03'07" West along the west line of the said 0.0006 acre tract a distance of 5.00 feet to a point for the northwest corner of the said 0.0006 acre tract; FITTZ&SHIPMAN,INC. Page 1 of 2 Project No. 11003.0029A Plat&Description 1405 Cornerstone Court• Beaumont,Texas 77706 • (409)832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT A, PAGE 2 OF 3 THENCE North 89 056'53" East along the north line of the said 0.0006 acre tract a distance of 5.00 feet to a point for the northeast corner of the said 0.0006 acre tract; THENCE South 00°03'07" East along the east line of the said 0.0006 acre tract a distance of 5.00 feet to a point for the northeast corner of said building and the southeast corner of the said 0.0006 acre tract; THENCE South 89 056'53" West along the said north line of the building and the south line of the said 0.0006 acre tract a distance of 5.00 feet to the POINT OF BEGINNING and containing 0.0006 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz& Shipman, Inc. on March 31, 2011. )5- 0.02 O `• 4 alter JKsiazek * • Registered Professional Land Surveyor No.5321 WALTER J. KSIAZFK 4 Q4; wV�4 FITTZ&SHIPMAN,INC. Page 2 of 2 Project No. 11003.0029A Plat&Description EXHIBIT W. PAGE 3 OF 3 FOUND PK NAIL NOW OR FORMERLY BEAUMONT WESTMONT, LLC CLERKS FILE NO. 2009024827, O.P.R.J.C. (REMAINDER OF CALLED 8.902 ACRES-TRACT 1) tO 01 0.0006 ACRE 5' WADE EXCLUSIVE WATER METER WATER EASEMENT VALVE L4 M L2 -' J Lt 4s.0 L6 POINT OF BEGINNING NOW OR FORMERLY 0.0006 ACRE ASA HOLDINGS, LP 5' WIDE CLERKS FILE NO. 2004036163, O.P.R.J.C. EXCLUSIVE (CALLED 1.334 ACRES) WATER METER EASEMENT n SUBWAY YOGURT SHOP u�0) 00 z w ¢. W M W O� O w Z O r m j O 45 0 .. O aZ V N a NUMBER DIRECTION DISTANCE L1 N 89'56'53" E 9.61 0 10 O L2 N 89"56'53" E 30.90 L3 T 00'03'07" W 5,00 A L E L4 N 89'56'53" E 5.00 L5 S 00'03'07" E 5.00 L6 S 89'56'53 W 5.00 COMMENCING POINT 0.0006 ACRE 5' WIDE EXCLUSIVE WATER METER EASEMENT FOUND CONCRETE MONUMENT 4 SURVEYOR'S CERTIFICATION: 'ZJ3oi° gs `FC}��'_ I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BEUEF, *� OP * • THAT THIS IS AN ACCURATE PLAT OF q SURVEY&DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION ON MARCH 31, 2011. QLT J. K81AZF.K WALTER J. KSIAZEK REGISTERED PROFESS[ LAND SURVE NO. 5321 ���/ 0:\PROJECTS\11003\11003-029\11003WE029.dwq Apr 20. 2011 01:10pm Fittz&Shipman 5' WIDE EXCLUSIVE WATER METER EASEMENT SHEET NO. Swveyars INC. PROD= NAM. BEAUMONT WESTMONT LLC 3 6456 PHELAN BOULEVARD 1405 CORNERSTONE COURT,BEAUMONT. TEXAS BEAUMONT, TEXAS EXHIBIT "B" 1 (409)832-7238 FAX(409)832-7303 PROJECT NO. DATE:4-20-11 11003.0029 RIGS WITH OPPORTUNITY BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 3,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on the Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from LI(Light Industrial) District to GC- MD (General Commercial-Multiple Family Dwelling)District at 2623 Hoover 2. Consider a request for a specific use permit to allow a columbarium in an RS (Residential Single Family Dwelling)District at 3430 Harrison 3. Consider a request for an amended specific use permit to add an elementary school to an existing middle/high school in an RS (Residential Single Family Dwelling) District at 8200 Highway 105 4. Consider a request for an amended specific use permit to allow the expansion of a funeral home in a GC-MD (General Commercial-Multiple Dwelling)District at 3522 Washington PUBLIC HEARING * Receive comments on the proposed 2011 Action Plan and Budget for the 2011 HUD Consolidated Grant Program as well as the proposed allocations for the Public Services,Public Facilities and Improvements and Emergency Shelter set- aside line items 5. Consider approving the 2011 Action Plan and Budget for the 2011 HUD Consolidated Grant Program WORKSESSION * Review and discuss the purchase of properties adjacent to the Municipal Airport that are within the Runway Protection Zone COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Starvin Marvins Bar and Grill LLC vs. City of Beaumont, et al, Cause No. E-189,628 James Mathews,Jr. vs. City of Beaumont,Becky Ames, Tyrone Cooper and Anne Huff Klein Investigations and Consulting vs. City of Beaumont Police Department, Cause No. B-189,589 1 Consider a request for a zone change from LI (Light Industrial) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 2623 Hoover RICH WITH OPPORTUNITY I T • E - X - A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C 93 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: May 3, 2011 REQUESTED ACTION: Council consider a request for a zone change from LI(Light Industrial) District to GC-MD (General Commercial- Multiple Family Dwelling)District at 2623 Hoover. RECOMMENDATION The Administration recommends approval of a zone change from LI(Light Industrial)District to GC-MD (General Commercial-Multiple Family Dwelling) District at 2623 Hoover. BACKGROUND Arturo Rabago, representing Spanish United Pentecostal Church, has requested a zone change. The church has plans to expand its existing facility with a 4,000 sq. ft. building and additional parking. Since the property is zoned LI,a specific use permit is required for any expansion. Because the church has additional room for growth, it is wishing to rezone the property to GC-MD so that there will be no need for a specific use permit. The neighborhood is a mix of land uses and zoning. Residential and vacant land zoned RS is to the north of the subject property. To the east is industrial and vacant property zoned LI and HI. To the west is a mix of railroad tracks, commercial,residential and vacant uses zoned GC-MD and RS. To the south are railroad tracks and vacant properties zoned LI. The Planning Manager feels that the zone change is reasonable because the church's plans for expansion would be an asset to the community and would not negatively affect the surrounding neighborhood if no specific use permit was required. At a Joint Public Hearing held April 18, 2011, the Planning Commission voted 7:0 to approve a zone change from LI (Light Industrial) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 2623 Hoover. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT TO GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2623 HOOVER STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned LI (Light Industrial) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2623 Hoover Street, being Tracts 129, 129-A and 183, Plat D12, A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 1.725 acres, more or less, as shown on Exhibit"A," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of May, 2011. - Mayor Becky Ames - File 2087-Z: Request for a zone change from LI(Light Industrial) District to GC-MD General Commercial Multiple Family Dwelling) District or more restrictive district. Location: 2623 Hoover Applicant: Arturo Rabago 0 100 200 300 400 I I I I I Feet R=S Legend ® 2087z RM=H = C CA GC-MD HI HOOVER RD LI R-S GER EtD DOL�.1N U GC-MD s� G EXHIBIT "A" 2 Consider a request for a specific use permit to allow a columbarium in an RS (Residential Single Family Dwelling) District at 3430 Harrison RICH WITH OPPORTUNITY BEA,IIMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C 3� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: May 3, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a columbarium in an RS (Residential Single Family Dwelling) District at 3430 Harrison. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a columbarium in an RS (Residential Single Family Dwelling) District at 3430 Harrison. BACKGROUND Trinity Methodist Church has requested a specific use permit. The columbarium will be located at the northwest corner of Harrison and Longfellow. The facility will consist of two structures, landscaped areas and sidewalks surrounding the site. The walls of the columbarium will provide niches to be used for the deposit of cinerary urns of the deceased. At a Joint Public Hearing held April 18, 2011, the Planning Commission voted 6:0:1 to approve a specific use permit to allow a columbarium in an RS (Residential Single Family Dwelling) District at 3430 Harrison. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COLUMBARIUM IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 3430 HARRISON STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Trinity Methodist Church has applied for a specific use permit to allow a columbarium in a RS (Residential Single Family Dwelling) District at 3430 Harrison Street, being Lots 1-4 and the south 45' of Lot 5, Block 21, Calder Place Addition and Tract 224, Plat D16, A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 11.228 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a columbarium in a RS (Residential Single Family Dwelling) District at 3430 Harrison Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a columbarium in a RS (Residential Single Family Dwelling) District at 3430 Harrison Street, being Lots 1-4 and the south 45' of Lot 5, Block 21, Calder Place Addition and Tract 224, Plat D16, A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 11.228 acres, more or less, as shown on Exhibit "A" attached hereto; and, is hereby granted to Trinity Methodist Church, its legal representatives, successors and assigns, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of May, 2011. - Mayor Becky Ames - it 20 6-P: Request for a specific use permit to allow a columbarium man RS (Residential Ingle Family Dwelling) District. Location: 3430 Harrison Applicant: Trinity United Methodist Church 0 100 200 300 400 I I I I I Feet R-S Legend R-S z ® 2086P F7L 0 EVALON AVE N`' 2 0 Z 3 -v GC-MD -"I —R-S N DOCTORS DR R-S R=S G- 040 .� O o Z N Hz 2 O CA z GC-MD In o m LONG AVE 70 CA � D NC M rn R-S z HARRISON AVE GC-MD N O R=S R-S R S co 4 EXHIBIT "A" f I I LOT I— LOT 2 LOT 9 T if I I I 1 I ° Da I I — a Da II x' I I al I �I oll ' i a c z ' Q;- I{ IP I� �3 i I t I --- -- -- tr r m vat t.v[ _ � r�vwn tY[ $$pk RR a� �aA LONGFELLOW DRIVE F P,x-3 �43 co �R NEW COLUMBARUIM as ! z p Y a € , il FOR ga }2e zz`n j J@ TRINITY UNITED METHODIST CHURCH r a AQ is BEAUMONT.TEXAS z8 to EXHIBIT "B" I 3 Consider a request for an amended specific use permit to add an elementary school to an existing middle/high school in an RS (Residential Single Family Dwelling) District at 8200 Highway 105 RICH WITH OPPORTUNITY BEAIUMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C!� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: May 3, 2011 REQUESTED ACTION: Council consider a request for an amended specific use permit to add an elementary school to an existing middle/high school in an RS (Residential Single Family Dwelling) District at 8200 Highway 105. RECOMMENDATION The Administration recommends approval of an amended specific use permit to add an elementary school to an existing middle/high school in an RS (Residential Single Family Dwelling) District at 8200 Highway 105. BACKGROUND Southeast Educational Foundation Trust dba Legacy Christian Academy has requested an amended specific use permit. In the late 1990's, Cathedral in the Pines Church opened Cathedral Christian High School on the subject property. In 2007,an independent 501(C)(3)entity, Southeast Educational Foundation Trust, acquired the property and began Legacy Christian Academy. Recently in February, 2011, Cathedral in the Pines announced that it would discontinue their school programming in May,2011. The Legacy Christian Board therefore voted to expand its school program from the current 6' through 12'grade by adding pre-school through 5t'grade classes. Therefore, it is the desire of Legacy Christian Academy to add five double classrooms incorporating 17,920 sq. ft., a 10,400 sq. ft. gymnasium and restrooms. The buildings will be placed between an existing gym and the football stadium. The new buildings are located more than 700' from either the east or west property lines so they will not negatively affect the residential neighborhoods to the east or west. At a Joint Public Hearing held April 18, 2011, the Planning Commission voted 7:0 to approve an amended specific use permit to add an elementary school to an existing middle/high school in an RS (Residential Single Family Dwelling) District at 8200 Highway 105. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ADD AN ELEMENTARY SCHOOL TO AN EXISTING MIDDLE/HIGH SCHOOL IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 8200 HIGHWAY 105. WHEREAS, on September 3, 1996, City Council approved Ordinance 96-44 issuing a specific use permit to Cathedral in the Pines Christian Center, Inc., to allow a church- sponsored high school in an area zoned RS (Residential Single Family Dwelling) District located on Highway 105, being Tracts 1, 2 and 3, Tax Plat RS-5, D. Easley Survey, Abstract 20, Beaumont, Jefferson County, Texas; and, WHEREAS, on December 3, 1996, City Council approved Ordinance No. 96-71 amending Ordinance No. 96-44 to allowthe temporary use of portable classroom buildings at the high school site, to alter the driveways and parking lot scheme and locations of proposed permanent school buildings to allow the addition of a practice field north of the permanent buildings; and, WHEREAS, on August 4, 2009, City Council approved Ordinance No. 09-038 amending Ordinance No. 96-71 by amending the amendment to the specific use permit to allow modification of the landscaping requirements; and, WHEREAS, the applicant, Southeast Educational Foundation Trust d/b/a Legacy Christian Academy, wishes to amend Ordinance No. 09-038 to allow the addition of an elementary school to an existing middle/high school in a RS (Residential Single Family Dwelling) District at 8200 Highway 105, being Tracts 227, 228 and part of Tract 65, Plat RS-5, D. Easley Survey, City of Beaumont, Jefferson County, Texas, containing 43.5 acres, more or less, as shown on Exhibit'A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of th e City of Beaumont considered the request to amend Ordinance No. 09-038 to allow the addition of an elementary school to an existing middle/high school in a RS (Residential Single Family Dwelling) district located at 8200 Highway 105; and, WHEREAS, the City Council is of the opinion that the amendment of Ordinance No. 09-038 is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That Ordinance 09-038 be amended by amending the specific use permit granted to Southeast Educational Foundation Trust d/b/a/ Legacy Christian Academy, its legal representatives, successors, and assigns for that certain tract shown on Exhibit "A," attached hereto and made a part hereof for all purposes, to allow the addition of an elementary school to an existing middle/high school in a RS (Residential Single Family Dwelling) District located at 8200 Highway 105. Section 2. That notwithstanding the site plan attached hereto as Exhibit "B," the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 05-041 and the regulations contained in Chapter 28 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 3rd day of May, 2011. -Mayor Becky Ames- File 2085-P: Request for an amended specific use permit to add an elementary school to an existing middle/high school in an RS (Residential Single Family Dwelling)District. Location: 8200 Highway 105 Applicant: Southeast Educational Foundation Trust dba Legacy Christian Academy 0 100 200 300 400 500 600 l i l I I I I I Feet Legend ® 2085P N-W1 NDEMERE DRS Npy q�FNOR IN ..MEADOW'DR R=S � 0 R=S Z 0 � N 0 0 z Z m � R=S RM-M RM-M A RM-M HwY 105 S RM-H R-S R- I I R-S R- EXHIBIT "A" Legacy Christian Academy ' EXHIBIT C M 1 � Special Use Permit 3/23/11 tt 8f A-; — 5 Double Classrooms r 1 Restroom L 1 Recreational Gym - -� Fn1aT In t of Planned-Stru��S 5G� 1 3 ' Elul 561 IL rt OL i � � 11 — • 1 F - 1 I ( r �+ •o. . r�TLr NW/WAY /GS NOAry .•b► SITE PLAN EXHIBIT "B" 4 Consider a request for an amended specific use permit to allow the expansion of a funeral home in a GC-MD(General Commercial-Multiple Dwelling) District at 3522 Washington RICH WITH OPPORTUNITY BEA,[IMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager cill PREPARED BY: Chris Boone, Community Development Director MEETING DATE: May 3, 2011 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow the expansion of a funeral home in a GC- MD (General Commercial-Multiple Dwelling) District at 3522 Washington. RECOMMENDATION The Administration recommends approval of an amended specific use permit to allow the expansion of a funeral home in a GC-MD (General Commercial-Multiple Dwelling) District at 3522 Washington, subject to the following conditions: • Sidewalks will be constructed along Washington. • The parking lot frontages along Washington shall be required to have a six foot wide landscape strip. BACKGROUND Reverend Walter and Lashon Proctor have requested an amended specific use permit. In November, 1999, City Council approved a specific use permit to allow a mortuary on the subject property. In September,2009, City Council approved an amended specific use permit to allow for an expansion. That expansion was never built. Proctor Mortuary would now like add an additional 1,560 sq. ft. of mortuary space and approximately 3,520 sq. ft. of garage space. In addition,the original parking layout and traffic circulation pattern will be reconfigured. At a Joint Public Hearing held April 18, 2011,the Planning Commission voted 7:0 to approve an amended specific use permit to allow the expansion of a funeral home in a GC-MD (General Commercial-Multiple Dwelling) District at 3522 Washington, subject to the following conditions: • Sidewalks will be constructed along Washington. • The parking lot frontages along Washington shall be required to have a six foot wide landscape strip. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A FUNERAL HOME IN A GC-MD(GENERAL COMMERCIAL- MULTIPLE DWELLING) DISTRICT AT 3522 WASHINGTON STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on December 7, 1999,City Council approved Ordinance 99-96 issuing a specific use permit to Reverend Walter J. Proctor and Lashon D. Proctor to allow a mortuary in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 3522 Washington Boulevard, Beaumont, Jefferson County, Texas; and, WHEREAS, on September 29, 2009, City Council approved Ordinance No. 09-057 issuing an amended specific use permit to Proctor's Mortuary to allow the expansion of a funeral home in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 3522 Washington Boulevard, Beaumont, Jefferson County, Texas, subject to the following conditions: • Drainage plans for the new parking lot must comply with City specifications. • Extend the screening fence along 9`h Street to the most northern end of the parking lot. • The construction will be in full compliance with all city codes and ordinances, including the provision of sidewalks along Washington. and, WHEREAS, the expansion was not constructed; and WHEREAS, Reverend Walter and Lashon Proctor wish to amend the amended specific use permit to allow for the expansion of a funeral home in a GC-MD (General Commercial-Multiple Dwelling) District located at 3522 Washington Boulevard, being Tracts 3, 4 and 12, Block 26, Cartwright and Roberts "A" Subdivision, D. Brown Survey, City of Beaumont, Jefferson County,Texas, containing 1.38 acres, more or less,as shown on Exhibit 'A" 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 amended specific use permit to allow the expansion of a funeral home in a GC-MD (General Commercial-Multiple Dwelling) District located at 3522 Washington Boulevard; and, WHEREAS, the City Council is of the opinion that the amendment of such amended specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That Ordinance 09-057 be amended by amending the specific use permit granted to Proctor's Mortuary, its legal representatives,successors, and assigns for that certain tract shown on Exhibit "A" attached hereto and made a part hereof for all purposes, to allow the expansion of a funeral home in a GC-MD (General Commercial-Multiple Dwelling) District located at 3522 Washington Boulevard, subject to the following conditions: • Sidewalks will be constructed along Washington. • The parking lot frontages along Washington shall be required to have a six foot wide landscape strip. Section 2. Notwithstanding the site plan attached hereto as Exhibit "B", the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 09-057 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 3rd day of May, 2011. - Mayor Becky Ames - ORDINANCE NO. File 2088-P: Request for an amended specific use permit to allow the expansion of a funeral home in a GC-MD (General Commercial-Multiple Family Dwelling)District. Location: 3522 Washington Applicant: Reverend Walter and Lashon Proctor 0 100 200 Feet Legend ® 2088P H Z Z RM-H GC-MD GC-MD WASHINGTON BLVD GC-MD RM-H RM-H EXHIBIT "A" *Approval subject to the following conditions: • Sidewalks will be constructed along Washington. • The parking lot frontages along Washington shall be required to have a six foot wide landscape strip. 3 6'WOOD FENCE N 0 06'24"W 295.93' SWALE C�1 _ S ®p 0 8 z T 3 Z n � a �iaaa�aa�at Atl- j \ m 8r-O"% to C �• 0�' Ex g Z 1 , A °I C m ASA � rzrco"aaE*eCURB r CU o? • r:. W 4 SURFACE DRAIN 1/8"PER Fr. ' %' 4 _.._-: b ...._-. 78' 4• 1'-0• s -� rxrm"cn�ecuae ixrM"cRMw L G m 9 4 " •ata xr N r i V7 � \\�• 9'- in'; 5'-41 i cn 0 :E 4� 4 K G/) �7� 1._.._ y -C) yL�r f ,•PVCa %W c (10) z m R i G) H a. ••X .. ! .. m m z PUBLIC HEARING Receive comments on the proposed 2011 Action Plan and Budget for the 2011 HUD Consolidated Grant Program as well as the proposed allocations for the Public Services, Public Facilities and Improvements and Emergency Shelter set- aside line items 5 Consider approving the 2011 Action Plan and Budget for the 2011 HUD Consolidated Grant Program RICH WITH OPPORTUNITY I 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: May 3, 2011 REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the 2011 Action Plan and approve a resolution adopting the budget of the 2011 Housing and Urban Development (HUD) Consolidated Grant Program's Annual Action Plan. RECOMMENDATION Administration recommends approval. BACKGROUND As mandated by the U. S. Department of Housing and Urban Development(HUD), City Council has conducted public hearings in previous years prior to adopting the City's Annual Action Plan of the Consolidated Grant Program. Community Development Staff, along with other City of Beaumont staff and the Community Development Advisory Committee(CDAC), hosted four(4) Public Hearings in order to receive public comments on the process and activities related to the Preliminary 2011 Annual Action Plan. On March 29, 2011, a Public Hearing was held to consider and take comments on the proposed budget. Following this, the City Council approved the Preliminary Budget of the 2011 Action Plan. At their April 5, 2011 meeting, Council received public input on the Public Service and Public Facilities applications. It should be noted that the proposed final budget reflects reductions of approximately 15%in CDBG funding and 11%in HOME program funding from the last program year. These reductions were the result of the April 8, 2011 budget compromise in Washington. Attached is the proposed 2011 Action Plan and Budget that will be submitted to HUD for approval. The Administration supports the recommendations of the Community Development Advisory Committee. BUDGETARY IMPACT The 2011 Annual Action Plan budget totaling$2,519,585 is comprised of Community Development Block Grant(CDBG)Funds($1,653,578), HOME Investment Partnership funds ($716,007)and estimated Program Income($150,000). RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the HUD Consolidated Grant Program's 2011 Action Plan, as well as the budget of the Action Plan in the amount of$2,519,585. 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 3rd day of May, 2011. - Mayor Becky Ames - 2011 HUD CONSOLIDATED GRANT PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) 2011 HOUSING Budeet MINOR REPAIR 100,000 Funds will be used to repair approximately 4 homes at$24,000,for the elderly and disabled. LEAD BASE PAINT TESTING 15,000 Funds will be used to test paint for lead and address the lead based paint issue of single family and multi family housing for low to moderate income Individuals. Rehabilitation Funds will be used to rehabilitate approximately three homes for families with low-to-moderate income. 100,000 Rehabilitation Administration Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution, 100,000 and regulatory requirements associated with the implementation of the Housing Rehabilitation Program. CLEARANCE AND DEMOLITION Clearance and Demolition 200,000 Funds will be used to demolish approximately fifty-five(55)unsafe,unsanitary and Uninhabitable residential structures I low to moderate income areas at a cost of approximately$3,500 each. PUBLIC FACILITY&IMPROVEMENT 600,000 Section tog Hotel Beaumont(Section 108 payment)—rehabilitation Crocket Street(Section 108 payment)—rehabilitation Jefferson Theater(Section 108 payment)—rehabilitation Theodore R.Johns,Jr.Library(Section 108 payment)—new construction L.L.Melton YMCA(Section 108 payment)—rehabilitation PUBLIC SERVICES 125,000 Public service Organizations Funds will be used for administrative and operating costs for various public service organizations that provide services to low/moderate income citizens. EMERGENCY SHELTER SET-ASIDE 85,000 Funds will be used to provide Homeless Provider Grant Funds to assist with operation management,essential services,homeless prevention and administration of a facility that houses and provides services for the homeless population. ADMINISTRATION 328,578 Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution, and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program. REVOLVING FUNDS(Funded with Program Income*) 150,000 Small Business Loan Historic Preservation Loan Fund Clearance and Demolition =Program income is Estimated TOTAL CDBG 1.803.578 EXHIBIT "A" HOME AFFORDABLE HOUSING PROGRAM 644,407 Funds will be used to assist a non-profit housing development organization with the development of approximately 10 new single family homes. Funds will also be used to assist low/moderate income families with the closing costs, mortgage buy downs,and down payments needed to purchase homes.Funds will also be used for eligible project costs associated with the development of multi-family housing units. HOME ADMINISTRATION 71,600 TOTAL HOME 716,007 TOTAL CDBG/HOME BUDGET $2,519,585 2011 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS Public Services/Public Facilities&Improvements/Emergency Shelter Set-Aside AMOUNT CDAC ADMINISTRATION CITY COUNCIL ORGANIZATION REQUESTED RECOMMENDATIONS RECOMMENDATIONS RECOMMENDATIONS PUBLIC SERVICES 1. Angela's Outreach Community Center,Inc. $20,000.00 $14,050.00 $14,050.00 2. Catholic Charities of Southeast Texas $18,000.00 3. Child Abuse&Forensic Services $20,000.00 $15,000.00 $15,000.00 4. Christian Women's Job Corps-Golden Triangle $20,000.00 S. Common Ground Performing Arts Studio $15,000.00 $15,000.00 $15,000.00 6. Experience Corps of Southeast Texas $20,000.00 $15,000.00 $15,000.00 7. Gifts for Grades $20,000.00 8. Gulf Coast Health Center,Inc. $20,000.00 9. Housing Authority of the City of Beaumont $18,913.00 10. Julie Roger's"Gift of Life"Program $8,000.00 $8,000.00 $8,000,00 11. Nutrition and Services for Seniors $15,000.00 $15,000.00 $15,000.00 12. Program of Health Excellence,Inc. $15,000.00 13. Southeast Texas Family Resource Center $20,000.00 $15,000.00 $15,000.00 14. Tender Loving Care dba Legacy $20,000.00 15. Theodore and Florestine Pratt SCEO,Inc. $20,000.00 16. Triangle AIDS Network $20,000.00 $10,000.00 $10,000.00 Total Public Services $289,913.00 $107,050.00 $107,050.00 $0.00 PUBLIC FACILITIES AND IMPROVEMENTS 17. Beaumont Senior Citizen Housing $14,850.00 18. Buckner's Children and Family Services,Inc. $20,000.00 19. CASA of Southeast Texas,Inc. $20,000.00 20. Digital Workforce Academy $20,000.00 21. Habitat for Humanity $18,875.00 22. Hotel Beaumont $23,944.00 $14,050.00 $14,050.00 23. Life Training Institute $27,000.00 24. Salvation Army Boys and Girls Club $6,500.00 $3,900.00 $3,900.00 25. Shorkey Center $20,000.00 26. Vision Alive Christian Ministries $20,000.00 Total Public Facilities and Improvements $191,159.00 $17,950.00 $17,950.00 $0.00 TOTAL PUBLIC SERVICES/PUBLIC FACILITIES& IMPROVEMENTS $481,082.00 $125,000.00 $125,000.00 $0.00 PUBLIC SERVICES(EMERGENCY SHELTER SET-ASIDE) 27. Family Services of Southeast Texas $25,000.00 $14,166.00 $14,166.00 $0.00 28. HOW Center $20,000.00 29. Just Out-Fresh Start $20,000.DD $14,166.00 $14,166.00 $0.00 30. Ready-Able-Persistent(RAP) $18,875.00 $0,00 31. The Salvation Army $40,250.00 $14,166.00 $14,166.00 $0.00 32. Some Other Place/Henry's Place $32,030.00 $14,166.00 $14,166.00 $0.00 33. Watt's Home,Inc. $16,540.00 $14,166.00 $14,166.00 $0.00 TOTAL EMERGENCY SHELTER SET-ASIDE $172,695.00 $84,996.00 $84,996.00 $0.00 TOTAL AMOUNT REQUESTED FOR ALL FUNDING 653.777.00 $209,996.00 $209,996.00 $0.00 The 2011 Public Services line item of$125,000 was estimated from the 2010 budgeted amount WORKSESSION Review and discuss the purchase of properties adjacent to the Municipal Airport that are within the Runway Protection Zone