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Home My WebLink AboutPACKET MARCH 4 2003 (02)BEAOMONi. TE%p5 City of Beaurnonj REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 4, 2003 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition -Receive report related to FY2002 Audit * Public Comment: Persons may speak on scheduled agenda items 1,2,9-16/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving an ordinance amending ward boundaries for the May 3, 2003 General Election 2. Consider approving an ordinance calling the General Election for May 3, 2003 to elect four (4) Ward Councilmembers for Wards I, II, III and IV and a Runoff Election, if necessary, for May 17, 2003 3. Consider approving a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District for the property at 8155 Highway 105 4. Consider approving a specific use permit to allow a dental office in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 2155 Dowlen 5. Consider approving a specific use permit to allow a nightclub in a GC -MD (General Commercial -Multiple Family Dwelling) District at 5230 South M. L. King Parkway 6. Consider approving a specific use permit to allow building construction/general contractors and construction/special trade contractors in a GC -MD (General Commercial -Multiple Family Dwelling) District at the northeast corner of Chamberlin and Washington 7. Consider approving a specific use permit to allow a business office for a building construction/general contractor in a GC -MD (General Commercial -Multiple Family Dwelling) District at 10295 Eastex Freeway 8. Consider approving a specific use permit to allow a beauty salon in an RCR (Residential Conservation and Revitalization) District at the northwest corner of Shell Road and Highland Avenue 9. Consider approving a request to abandon a 49.92' x 59.90' section of Coolidge Street right-of-way 10. Consider approving a request to abandon the 20' drainage easement and the 10' utility easement on Lot 24, Block 17 of the Replat of Calder Place Addition at 985 22' Street 11. Consider approving a request to abandon a 20' wide utility easement in the abandoned alley of Block 72, Van Wormer Addition, located between Orange Street and Avenue A 12. Consider approving the City of Beaumont Investment Policy 13. Consider amending the 1999 Consolidated Block Grant Program by reallocating $15,000 to Schlesinger Healthcare Centers to assist with emergency roof repairs 14. Consider a request to deed the Dick Dowling School site to the Southeast Texas Community Development Corporation, Inc. (SETCDC) to provide affordable housing to low/moderate income families 15. Consider approving a contract between the City of Beaumont and the Southeast Texas Community Development Corporation Inc. (SETCDC) in the amount of $350,000 for construction of 10 new homes at the Dick Dowling school site that will be sold to low/moderate income families 16. Consider approving a contract between the City of Beaumont and the Beaumont Community Housing Development Organization (BCHDO) in the amount of $200,000 for construction of 3 new homes that will be leased to low/moderate income families 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: David Leaven v City of Beaumont City of Beaumont v TJC Investments The Claim of Herbert Howard Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 March 4, 2003 Consider approving an ordinance amending ward boundaries for the May 3, 2003 General Election age&&* 'd City of Beaumont ji— - --� Council Agenda Item Im MIL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols MEETING DATE: March 4, 2003 AGENDA MEMO DATE: February 5, 2003 REQUESTED ACTION: Council to approve an ordinance amending ward boundaries for the May 3, 2003 General Election. RECOMMENDATION The administration recommends that the Council approve an ordinance amending the ward boundaries for Wards 1, 2, 3 and 4 within the City of Beaumont. BACKGROUND As a result of the 2000 census, Jefferson County is amending its voting precinct lines. This amendment will necessitate an amendment to ward boundaries such that the ward boundaries do not bisect voting precincts. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY The City Attorney and the City Manager. RECOMMENDED MOTION Approve or deny an ordinance amending the ward boundaries for Wards 1, 2, 3 and 4 within the City of Beaumont, Texas. SAAGENDAWGENDA ITEM MEMOS\Ward Boundaries2-04 2003 WARD AND PRECINCT (PROPOSE Wa 92 UNDARIE S L� Voting Precincts Ward Ward 1 Ward 2 Ward 3 Ward 4 D Portion within Ward -2 Portion within Ward 3 Portion within Ward 4 r 1. 63 i �w. ,wF ' K r 1 16 12 $4 5 $5 16 19 2V /5 21 A 1 P rA j ) 31 Prepared by/ePlanning Division of the City of Beaumont February 2003 35 12 ORDINANCE NO. ENTITLEDAN ORDINANCE AMENDING THE BOUNDARIES OF THE WARDS OF THE CITY OF BEAUMONT FOR ELECTION PURPOSES ONLY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the City Council has previously established four single memberdistricts for the purpose of electing ward council members; and, WHEREAS, Jefferson County, based on the 2000 Census has amended its voting precinct lines which brings about the necessity to amend the ward boundaries of Beaumont: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the City of Beaumont shall be divided into four (4) wards for voting purposes. The same being: Ward 1 Ward 3 Ward 2 Ward 4 as described in Exhibit "A" attached hereto and made a part hereof for all purposes. The wards described above are shown on the map attached hereto as Attachment 1. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of March, 2003. - Mayor Evelyn M. Lord - JEFFERSON COUNTY VOTING PRECINCTS WARD 1 WARD 2 WARD 3 WARD 4 22 100 77 84 116 * 90 1 85 23 17 63 18 88 79 3 39 87 * 26 8 19 99 78 *10 20 104 27 16 75 2 86 11 * 67 68 73 15 * 21 4 5 14 * 64 89 62 12 * 92 7 72 * 13 * 35 6 65 * Portion that is within the Beaumont city limits. 03/04/03 EXH I BIT "A" 2 March 4, 2003 Consider approving an ordinance calling the General Election for May 3, 2003 to elect four (4) Ward Councilmembers for Wards I, II, III and IV and a Runoff Election, if necessary, for May 17, 2003 1 A.. City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Susan Henderson, City Clerk MEETING DATE: March 4, 2003 AGENDA MEMO DATE: February 26, 2003 REQUESTED ACTION: Council approve an ordinance calling the General Election for May 3, 2003 to elect four (4) Ward Councilmembers for Wards I, 11, III and IV and a Runoff Election, if necessary, for May 17, 2003 RECOMMENDATION Approve the General Election and possible Runoff Election dates. BACKGROUND The City Charter dictates that all elected officials shall be elected on a regular election day established by the Election Code of the State of Texas. The City of Beaumont has established the first Saturday of May to conduct elections, and will conduct a joint election with the Beaumont Independent School District and the Port of Beaumont Navigation District. The City of Beaumont will elect four (4) Ward Councilmembers for Wards I, II, III and IV. The Beaumont Independent School District will elect three (3) Trustees for Districts 1, 2 and 4. The Port of Beaumont Navigation District will elect two (2) Port Commissioners from their respective Wards I, and III. BUDGETARYIMPACT Estimated expense to conduct an election is estimated at $38,000, with each entity paying an equitable share of said expenses. Should a runoff election be necessary, the City of Beaumont would bear the total expense. PREVIOUS ACTION None. SUBSEQUENT ACTION The General Election will be conducted May 3, 2003 and a Runoff Election on May 17, 2003, if necessary. General Election and Runoff Election February 26, 2003 Page 2 RECOMMENDED BY City Manager and City Clerk. RECOMMENDED ACTION Approve/Deny an ordinance calling the General Election for May 3, 2003 and a Runoff Election May 17, 2003, if necessary. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 3RD OF MAY 2003 FOR THE PURPOSE OF ELECTING WARD COUNCILMEMBERS FOR WARDS I, II, 111, AND IV; DESIGNATING POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; ORDERING A RUNOFF ELECTION IF NECESSARY TO BE HELD ON THE 17TH DAY OF MAY, 2003; PROVIDING FOR A JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT NAVIGATION DISTRICT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. In accordance with the City Charter, the Constitution, and general laws of the State of Texas, a General Municipal Election is hereby called and ordered for the first Saturday in May, 2003, the same being the 3rd day of said month, at which election all qualified voters residing within the corporate limits of the City may vote for the purpose of electing Councilmembers to Wards I, II, III and IV for full terms. Section 2. No person's name shall be placed upon the official ballot as a candidate for any of the above-mentioned positions unless such person has filed his or her sworn application, as provided by Section 141.031, Section 143.004, and Section 143.007 of the Texas Election Code, and Article IV, Section 5 of the Charter of the City of Beaumont, with the Mayor, or in her absence, the City Clerk, not later than five o'clock (5:00) p.m. on the forty-fifth day before the date of such election. The City Clerk shall note on the face of each such application the date and time of its filing. A declaration of write-in candidacy must be filed with the City Clerk as provided by Section 146.054 of the Texas Election Code, not later than five o'clock (5:00) p.m. on the fortieth (40th) day before election day, except as otherwise provided in the case of a deceased or ineligible candidate. Section 3. Said election shall be held jointly with the Beaumont Independent School District and the Port of Beaumont Navigation District in accordance with Chapter 271 of the Texas Election Code; and the City Clerk of the City of Beaumont, Texas, agrees to coordinate, supervise, and handle all aspects of administering said joint election in accordance with the provision of the Texas Election Code and as outlined in their terms of agreement contained herein: a The expenses of the election shall be divided with each governmental entity paying an equitable share of said expenses. b Single ballot forms shall be used which shall contain the Councilmembers' positions, Beaumont Independent School District trustees' positions, and the Port of Beaumont Navigation District Commissioners' position. c The herein -named election officers shall conduct the elections in said election precincts. d Records for all elections shall be combined. e One set of ballot boxes shall be used for all elections. f Election returns shall be made on joint forms but the City Council of the City of Beaumont shall canvass the returns of the General Municipal Election. g The City Clerk of the City of Beaumont is designated custodian of all records and of the voting ballots. h Early voting shall be held jointly, and the City Clerk of the City of Beaumont shall serve as the joint early voting clerk. The joint early voting shall be conducted during the hours, including any extended or weekend hours, at the early voting place or places at which the early voting clerk regularly conducts early voting for the City. The regular early voting clerk shall receive applications for early voting ballots to be voted by mail in accordance with the Texas Election Code, Section 81.001, et. Seq. The remaining procedures for conducting early voting by mail shall be completed by the City Clerk of the City of Beaumont. Each participating entity will be responsible for all required election orders, resolutions, notices and any other pertinent documents required by its respective governing body, including making the submissions required by the Federal Voting Rights Act of 1965 and any other changes which require pre -clearance by the United States Department of Justice. Preparation of necessary bilingual materials and notices will also be the responsibility of each participating entity. The judges and clerks shall be compensated at a rate of $6.00 per hour. No judge or clerk shall be paid for more than one hour of work before the polls open and no period of time subsequent to two hours after voting is concluded by all voters offering themselves for voting during regular voting hours. The election official who delivers the returns of the election shall be paid an additional $25.00 provided he/she also returns unused ballots, election supplies, and ballot boxes when he/she makes delivery of the returns of the election. Section 4. Legally qualified voters residing within Wards I, II, III and IV in the corporate limits of the City of Beaumont shall be entitled to a vote at said election for the respective candidate(s) for each of said Wards. Section 5. That said election shall be held in the City of Beaumont between the hours of 7:00 a.m. and 7:00 p.m. at the places listed in Exhibit "A" attached hereto and made a part hereof for all purposes. The persons whose names appear in Exhibit "A" are appointed presiding judges and alternates for the respective polling places with authority to select and appoint clerks. Pursuant to Sections 32.032 and 32.033 of the Texas Election Code, the presiding judge for each election precinct shall appoint a minimum of two (2) clerks, and the City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduct of the election. Section 6. That notice and order of said election shall be given by posting and publishing said notice and order as provided by the Texas Election Code. Section 7. That an electronic voting system, as described by Title 8 of the Texas Election Code, shall be used for said election; and the following are hereby appointed officers of said election to serve at the Central Counting Station, which is hereby established at the Mid -County Office Building, 2748 Viterbo Road, Nederland, Texas: Manager of the Central Counting Station, Byron Broussard; Tabulation Supervisors, Paul Helejda and Ken Seholm; Presiding Judge of the Central Counting Station, Betty Braxton, Deputy City Clerk. The official ballots, ballot cards, and ballot labels, respectively, for the election shall be prepared in accordance with the Texas Election Code. Section 8. That the City Clerk is hereby appointed clerk for early voting; and pursuant to Sec. 83.034 of the Texas Election Code, the appointment of Betty Braxton as deputy early voting clerk is approved, said appointment being without additional compensation. The City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduction of the election. Early voting by personal appearance shall be conducted at the City Hall, City Clerk's Office, Room 125, 801 Main Street, Beaumont, Texas, 77701. Early voting ballot applications and ballots voted by mail shall be sent to the City Clerk's Office, P. O. Box 3827, Beaumont, Texas, 77704-3827. The clerk shall keep the said office open for at least eight (8) hours between 8:00 a.m. and 5:00 p.m. on each day for early voting which is not a Saturday, a Sunday, or an official State holiday beginning on the seventeenth (17th) day and continuing through the fourth (4th) day preceding the date of such election; provided, however, except as authorized by Section 85.005(a), Texas Election Code, said clerk shall not permit anyone to vote early by personal appearance on any day which is not a regular working day forthe clerk's office, and under no circumstances shall she permit anyone to vote early by personal appearance at any time when her office is not open to the public. Section 9. That earlyvotes by personal appearance and by mail shall be counted by an early voting ballot board consisting of a presiding judge and two clerks, and the City Clerk may authorize as many additional clerks as are deemed necessary. Etta Lois Hope, of 3486 Magnolia, Beaumont, Texas, 77703, is hereby appointed Presiding Judge of the Early Voting Ballot Board; and she shall appoint the clerks. Early votes shall be canvassed and returned by the Early Voting Ballot Board to the Central Counting Station by 7:00 p.m. on election day. Section 10. In accordance with the Charter of the City of Beaumont and the laws of the State of Texas, a Runoff Election, if necessary, is ordered to be held on the 17th day of May, 2003, between the hours of 7:00 a.m. and 7:00 p.m., to be held at the same voting locations within the Ward in which a Runoff Election is required and with the same election officers and judges as the General Election. Notice and order of said Runoff Election shall be given by posting and publishing said notice and order as provided by the Texas Election Code. Section 11. If any person or persons appointed herein do not appear, are unable to perform their duties, or fail to perform their duties, the Mayor shall have the discretion and authority to appoint any substitute personnel to fill the position(s). Section 12. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Clerk, as provided by Section 52.094 of the Texas Election Code. The City Clerk shall post a notice in her office, at least seventy-two (72) hours prior to the date on which the drawing is to be held, of the time and place of the drawing, and shall also give personal notice to any candidate who makes written request for such notice and furnishes to the City Clerk a self-addressed, stamped envelope. Each candidate involved in the drawing, or a representative designated by the candidate, shall have a right to be present and observe the drawing. Section 13. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, 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; and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 14. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of March, 2003. Mayor Evelyn M. Lord ATTEST: Susan Henderson, City Clerk EXHIBIT "A" - 2003 GENERAL ELECTION ORDINANCE EXHIBA "UN" - 2003 ORDENANZA de la ELECCION GENERAL PRECINCT POLLING LOCATION JUDGE ALTERNATE LA ZONA LA UBICACION que SONDEA EL JUEZ ALTERNO 001 French Elementary School Don E. Hegele Yvonne Smith 3525 Cleveland Avenue Beaumont, TX 77703 002 Smith Middle School Bettye DeSoto Louis DeSoto 4415 Concord Beaumont, Texas 77703 003 Brown Alternative Center Etta Lois Hope Thelma Fielder 1900 Pope Beaumont, Texas 77703 004 Administration Building Dr. Bruce Drury Cherry Ford 3395 Harrison Avenue Beaumont, Texas 77706 005 Caldwood Elementary Jimmie O Neal Dolorous Kelley 102 Berkshire Lane Beaumont, Texas 77707 006 Central Senior High School Celeste Johnson Mary Sue Williams 88 Jaguar Beaumont, Texas 77702 007 O. C. "Mike" Taylor Career Judy Boutte Jean Runnels Center 2330 North Beaumont, Texas 77702 008 Magnolia Baptist Church Melissa Sweet Jo Helen Stevens 2830 Pine Street Beaumont, Texas 77703 10 McCabe Roberts Ave. United Nannette Cantue Leslie Cantue Methodist Church 1205 Roberts Ave. Beaumont, Texas 77701 11 Jefferson County Courthouse Rose Marie Owens Lorenzo Owens 1149 Pearl Beaumont, Texas 77701 012,013 Dunbar Elementary 825 Jackson Beaumont, Texas 77701 014 Ogden Elementary School 2300 Victoria Beaumont, Texas 77701 015 King Middle School 1400 Avenue A Beaumont, Texas 77701 016 Fletcher Elementary School 1055 Avenue F Beaumont, Texas 77701 017, 026, 090 Municipal Airport 455 Keith Road Beaumont, Texas 77713 018 Ozen High School 3443 Fannett Road Beaumont, Texas 77705 019 BISD Administration, Annex 1025 Woodrow Beaumont, Texas 77705 020 Pietzsch Elementary 4301 Highland Avenue Beaumont, Texas 77705 022 Guess Elementary School 8055 Old Voth Road Beaumont, Texas 77713 023 Rosedale Baptist Church 7110 Concord Beaumont, Texas 77708 027, 078, 086 Amelia Elementary 565 South Major Drive Beaumont, Texas 77707 039 Blanchette Elementary 2400 Lela Beaumont, Texas 77705 Revordia Williams Dora Chatman Lillian Frye Annie Pumphrey Marilyn Frazier Olivia Gonzales Herman Davis, Jr. Darren Bergeron Donna Hargraves Bobbie Watson Dorothy S. Thomas Levora Anderson Leonie Bodin Grace DeMary Vickie Clement James Boykin Huberta Maynor Leo Lemell Isadora Thomas Kathie Walker Karlene Boykin Maydell Janecka Maudry Plummer Isabelle Sonnier 062 Sallie Curtis Elementary Ward McCurtain Edna McCurtain 6225 North Circuit Beaumont, Texas 77706 063 Lucas Elementary Thelma Nobles Sallie Cannon 1750 East Lucas Beaumont, Texas 77703 064,092 Beaumont Community Players Mary B. Francis Leona Moore 5515 Phelps Beaumont, Texas 77705 065 Regina -Howell School Peter J. Bevlaqua Verna Bevlaqua 5850 Regina Lane Beaumont, Texas 77706 066,025 Bevil Oaks Civic Center Mildred J. Jones Deborah Olson 7390 Sweetgum Road Beaumont, Texas 77713 067,021 South Park Middle School Viola Koenig Marjorie Applebach 4500 Highland Avenue Beaumont, Texas 77705 068 Austin Middle School Bobby T. Cowart Dot Wilkerson 3410 Austin Beaumont, Texas 77706 072 West End YMCA Oleta Holmes Lenora Caffey 3625 Dowlen Road Beaumont, Texas 77706 073 George Marshall Middle School Ella Sanders John Clayton 6455 Gladys Beaumont, Texas 77706 075 Lamar University, McDonald Willie Marrou Janice R. Marrou Gym 4400 MLK, Jr., Pkwy. Beaumont, Texas 77705 077 St. Pius X Church Schieketha E. Lois Simmons 5075 Bigner Road Simmons Beaumont, Texas 77707 079,100 Tennis Center John Mistrot Mary Malone 6455 College Beaumont, Texas 77707 084 Fehl School Ora Magee Carolyn Calhoun 3350 Blanchette Beaumont, Texas 77701 085 OCAW Hall Alice Dyes Verlene Davenport 2490 South 11th Street Beaumont, Texas 77701 087, 088, 099 Pine Burr Baptist Church John Figari Shirley Figari 5095 Bine Burr Beaumont, Texas 77708 089 Ridgewood Retirement Center Ruth Cole Laura Wheeler 2520 IH 10E Beaumont, Texas 77703 104 Calvary Baptist Church Helen Stone Eloise Stone 3650 Dowlen Road Beaumont, Texas 77706 EVB Beaumont City Hall Kathie Walker 801 Main Street, Room 125 Beaumont, TX 77701 EVB Beaumont City Hall Etta Lois Hope 801 Main Street, Room 125 Beaumont, TX 77701 116* West End YMCA Christine Gavrelos 3625 Dowlen Road Beaumont, TX 77706 LA ORDENANZA NO. UNA ORDENANZA DE LA CIUDAD DE BEAUMONT, PROPORCIONAR de TEJAS PARA UNA ELECCION GENERAL SER AGUANTADO EL 3 PUEDE, 2003 PARA EL PROPOSITO DE ELEGIR el BARRIO COUNCILMEMBERS PARA los BARRIOS yo, II, III Y IV; los CENTROS ELECTORALES que DESIGNAN Y los OFICIALES de la ELECCION que DESIGNAN PARA TAL ELECCION; PROPORCIONAR LA FORMA DE LA VOTACION EN TAL ELECCION; DIRIGIR EL DAR DE NOTA DE TAL EL DIA DECIMOSEPTIMO DE PUEDE, 2003; PROPORCIONAR PARA UNA ELECCION CONJUNTA CON EL BEAUMONT el DISTRITO INDEPENDIENTE de ESCUELA Y ELEI PUERTO DE el DISTRITO de la NAVEGACION de BEAUMONT; Y CONTENER OTRAS PROVISIONES que RELACIONAN SUMAN EL SUJETA SEA ORDENO POR LA CIUDAD DE BEAUMONT: La seccion 1. De acuerdo con el Fletamento de la Ciudad, la Constitution, y las leyes generales del Estado de Tej as, una Eleccion Municipal General es por la presente se llama y es ordenanda para el primer El sabado en mayo, 2003, el mismo es el dia tercero de dijo mes, en cual la eleccion todos votantes calificado que residen dentro del los limites corporativos de la Ciudad pueden votar para el proposito de elegir Councilmembers a Barrios yo, H, III y IV para a repleto plazo La seccion 2. Ningun nombre de la persona se colocara sobre la votacion oficial como un candidato para cualquiera del arriba mencionado las posiciones a menos que tal persona haya achivado su ha jurado la aplicacion, cuando proporcionado por la Seccion 141.031, la Seccion 143.004 y la Section 143.007 del Codigo del Eleccion de Tejas, y el Articula IV, La seccion 5 del Fletamento de la Ciudad de Beaumont, con el El alcalde, o en su ausencia, el Empleado de la Ciudad, no luego que cinco en punto (5:00) de la tarde en el cuarenta quinto dia antes de la fecha de tan La eleccion. El Empleado de la Ciudad notara en la cara de cada tan La aplicacion la fecha y el teimpo de su archivar. Una declaracion de escriba en la candidature debe LA ORDENANZA NO. UNA ORDENANZA DE LA CIUDAD DE BEAUMONT, PROPORCIONAR de TEJAS PARA UNA ELECCION GENERAL SER AGUANTADO EL 3 PUEDE, 2003 PARA EL PROPOSITO DE ELEGIR el BARRIO COUNCILMEMBERS PARA los BARRIOS yo, II, III Y IV; los CENTROS ELECTORALES que DESIGNAN Y los OFICIALES de la ELECCION que DESIGNAN PARA TAL ELECCION; PROPORCIONAR LA FORMA DE LA VOTACION EN TAL ELECCION; DIRIGIR EL DAR DE NOTA DE TAL ELECCION; ORDENAR UNA ELECCION de PERDIDAS SI NECESARIO SER AGUANTADO EL DIA DECIMOSEPTIMO DE PUEDE, 2003; PROPORCIONAR PARA UNA ELECCION CONJUNTA CON EL BEAUMONT el DISTRITO INDEPENDIENTE de ESCUELA Y ELEI PUERTO DE el DISTRITO de la NAVEGACION de BEAUMONT; Y CONTENER OTRAS PROVISIONES que RELACIONAN SUMAN EL SUJETA SEA ORDENO POR LA CIUDAD DE BEAUMONT: La seccion 1. De acuerdo con el Fletamento de la Ciudad, el Constitution, y las leyes generales del Estado de Tejas, una Eleccion Municipal General es por la presente se llama y es ordenanda para el primer El sabado en mayo, 2003, el mismo es el dia tercero de dijo mes, en cual la eleccion todos votantes calificado que residen dentro del los limites corporativos de la Ciudad pueden votar para el proposito de elegir Councilmembers a Barrios yo, H, III y IV para a repleto plazo La seccion 2. Ningun nombre de la persona se colocara sobre la votacion oficial como un candidato para cualquiera del arriba mencionado las posiciones a menos que tal persona haya achivado su ha jurado la aplicacion, cuando proporcionado por la Seccion 141.031, la Seccion 143.004 y la Seccion 143.007 del Codigo del Eleccion de Tej as, y el Articulo IV, La seccion 5 del Fletamento de la Ciudad de Beaumont, con el El alcalde, o en su ausencia, el Empleado de la Ciudad, no luego que cinco en punto (5:00) de la tarde en el cuarenta quinto dia antes de la fecha de tan La eleccion. El Empleado de la Ciudad notara en la cara de cada tan La aplicacion la fecha y el teimpo de su archivar. Una declaracion de escriba en la candidatura debe ser archivado con el Empleado de la Ciudad como proporcionado por la Section 146.054 del Tejas El codigo de la eleccion, no luego que cinco en punto (5:00) de la tarde en el el dia cuadragesimo (40th) antes de dia de eleccion, menos como de otro modo Proporcionado en el caso de un candidato difunto o inelegible. La seccion 3. Dijo la eleccion se tendra colectivamente con el Beaumont el Distrito Independiente de Escuela y el Puerto de El Distrito de la Navegacion de Beaumont de acuerdo con Capitulo 271 del Codigo de la Eleccion de Tejas; y el Empleado de la Ciudad de la Ciudad de Beaumont, Tejas, concuerdo en coodinar, supervisar y manejar todos aspectos de admnistrar dijeron la eleccion conjunta en la conformidad con la provision del Codigo de la Eleccion de Tejas y tal como se planteo en sus terminos del acuerdo contuvo en esto: un Los gastos de la eleccion se dividiran con cada entidad gubernamental que paga una accion equitativa de dijo los gastos b Solas formas de la votacion se usaran que contedra el Councilmembers' las posiciones, Beaumont las posiciones Independientes de fideicomisarios de Distrito de Escuela, y el Puerto de la posicion de Miembros de una comision de Distrito de Navegacon de Beaumont c Los oficiales en esto denominados de la eleccion conduciran las elecciones en dijo la eleccion zonas d Los registros para todas elecciones se combinaran e Un conjunto de cajas de votacion se usara para todas elecciones f Los regresos de la Eleccion se haran en formas conjuntas pero en el ayuntamiento de la Ciudad de Beaumont solicitara los regresos de la Eleccion Municipal General g El Empleado de la Ciudad de la Ciudad de Beaumont es designado a custodio de todo registra y de las votaciones electorales h Votar temprano se tendra colectivamente, y el Empleado de la Ciudad de la Ciudad de Beaumont servira como la coyuntura empleado electoral temprano. La coyuntura votar temprano se conducira durante las horas, inclusive extendio u horas de fin de semana, en el Lugar o lugares electorales Tempranos en que el empleado electoral temprano conduce regularmente votar temprano para la Ciudad. El votar temprano regular por el correo de Acuerdo con el Condigo de la Eleccion de Tejas, la Seccion 81.001. et. Seq. Los procedimientos restantes para conducir votar temprano por el correo sera completado por el Empleado de la Ciudad de la Ciudad de Beaumont. Cada entidad que participa sera responsable de toda eleccion requerida ordena, las resoluciones, las notas y cualquier otros documentos pertinentes requeridos por su cuerpo directivo respectivo, inclusive hacer las sumisiones requeridas por el Acto Electoral Federal de Derechos de 1965 y cualquier otros cambios que requieren del espacio libre pre por el Departamento de estados unidos de la Justicia. La preparacion de materias y notas bilingues necesarias sera tambien el responsabilidad de cada entidad que participa. Los jueces y los empleados seran compensados en una tasa de $6.00 por hora. Ningun juez ni el empleado seran pago nore que una hora del trabajo antes los sondeos abren y el periodo de tiempo posterior a dos horas despues que votar es concluido por todos votantes que ofrecen si mismos para votar furing horas electorales regulares. El official de la eleccion que entrega los regresos de la eleccion se pagara un adicional $25.00 proporciono eUella vuelve tambien las votaciones nuevas, los suministros de la eleccion y cajas de votacion cuando eUella hace la entrega de los regresos de la eleccion La seccion 4. Los votantes legalmente calificados que residen dentro de las Barrios yo, H, III y Iv en los limites corporativos de la Ciudad de Beaumont sera permitido a un voto en dijo la eleccion para el el candidato(s) respectivo para cado uno de dijo los Barrios. La seccion 5. Eso dijo la eleccion se tendra en la Ciudad de Beaumont entre las horas de 7:00 de la manana y 7:00 de la tarde en los lugares listo en la Exhibicion "UN" conecto a esto a hizo una parte de esto para todos propositos. Las personas, cuyos nombres aparecen en la Exhibicion "UN" son desinados los jueces presidentes y alternan para Los centros electorales respectivos con la autoridad para escoger y designar a empleados. Segun Secciones 32.032 y 32.033 del Tejas El Codigo de la eleccion, el juez presidente para cada zona de la eleccion designara un minumum de dos (2) empleados, y de la Ciudad El Empleado, puede autorizar como muchos empleados adicionales son creidos como necesario para el conducto apropiado de la eleccion. La seccion 6. Eso advierte y la orden de dijo la eleccion ira sea dado anunciando y publica dijo nota y orden como Proporcionado por el Condigo de la Eleccion de Tejas. La seccion 7. Que un sistema electoral electronico, como descrito por el Titulo 8 del Condigo del Eleccion de Tejas, se usaran para dijo la eleccion; y el siguiente por la presente es designado los oficiales de dijo la eleccion para servir en el Contar Central La estacion, que por la presente se establece en la Oficina de Condado Medio La construccion, 2748 Camino de Viterbo, Nederland, Tejas: El director de la Estacion Central que Cuenta, Byron Broussard; Los Supervisores de la tabulacion, Paul Helejda y Ken Seholm; El Juez presidente de la Estacion Central que Cuenta, Betty Braxton, El Empleado de la Ciudad del diputado. Las votaciones oficiales, tarjetas de votacion y votacion las etiquetas, respectivamente, para la eleccion se prepararan en La conformidad con el Coodio de la Eleccion de Tejas. La seccion 8. Que el Empleado de la Ciudad por la presente es designado a empleado para votar temprano; y segun Seccion 83.034 del Codigo del Eleccion de Tejas, el la cita de Betty Braxton como el diputado empleado electora temprano es aprobado, es dicho la cita es sin adicional la compensacion. El Empleado de la Ciudad puede autroizar como muchos los empleados adicionales son creidos como necesario para la conduccion apropiada de la eleccion. Temprano votar por la aparencia personal se conducira en el municipalidad, la Oficina de Empleado de la Ciudad, Alojese 125, 801 Calle Prinicipal, Beaumont, Tejas, 77701. Las aplicaciones electorales tempranas de la votacion y las votaciones votadas por el correo iran sea mandado a la Oficina del Empleado de la Ciudad, P.O. Encajone 3827, Beaumont, Tejas, 77704-3827. El empleado mantendra el dijo la oficina abre para por to menos ocho (8) horas entre 8:00 de la manana y 5:00 de la tarde en cado dia para votar temprano que no es un sabado, un domingo o un Estado oficial comenzar de vacacion en el dia diecisiete (17) y continuar por el cuarto (4) el dia que precede la fecha de tal eleccion; proporciono, sin embargo, menos como autorizado por La seccion 85.005(a), Codigo de Eleccion de Tejas, dijo a empleado ira no permita que cualquiera vote temprano por la apariencia personal en ningun dia que no es un regular la jornada de trabajo para el Empleado la oficina, a ira en ningun concepto ella permite cualquiera a vote temprano por personal la apariencia en ninguna vez cuando su oficina no esta abierta al publico. La seccion 9. Que los votos tempranos por la aparencia personal y por el correo sera contado por un componer de electoral temprano de la tabla de la votacion un juez presidente y dos empleados, y la Ciudad El empleado puede autorizar como muchos empleados adicionales son creidos como Necesario. Etta Lois Hope, de 3486 Magnolia, Beaumont, Tejas, 77703, por la presente son disignados el Juez Presidente del Votar temprano la tabla de la votacion; y ella designara a los empleados. Los votos tempranos sera soliciatao y vuelto por la Tabla Electoral Temprana de la Votacion al Central La Estacion que cuenta por 7:00 de la tarde en El dia de la eleccion. La seccion 10. De acuerdo con el Fletamento de la Ciudad de Beaumont y las leyes del Estado de Tejas, una Eleccion de Perdidas, si necesario, es ordenado para ser aguantado el dia decimoseptimo de Puede, 2003, entre las horas de 7:00 de la manana y 7:00 de la tarde, a sea tenido en el mismo votar las ubicaciones dentro del Barrio en que una Eleccion de Runoff se requiere y con la misma eleccion los oficiales y los jueces como la Eleccion General. La nota y la orden de dijo Perdidas la Eleccion ira sea dado por postin y publicar dijo nota y orden como proporcionado por el Tejas El Codigo de la eleccion. La seccion 11. Si cualquier persona o las personas designaron en esto no aparezca, son incapaz para realizar sus deberes, o fallar de realizar sus deberes, el Alcalde tendra la discrecion y la autoridad para designar algun personal suplente a lienar el la posicion(s). La seccion 12. La orden en que los nombres del los candidatos deberan ser impresos en la votacion sera determinada por un dibujo por el Empleado de la Ciudad, como proporcionado por la Seccion 52.094 del Codigo del Eleccion de Tejas. El Empleado de la Ciudad anunciara un advierta en su oficina, por to menos setenta y dos (72) horas antes de la fecha en que el dibujo es para ser tendo, del tiempo y el lugar del dibujo, y tambien le dara nota personal a cualquiera candidato que hace el pedido escrito para tal nota y proporciona al Empleado de la Ciudad un con los datos del remitente, estampo el sobre. Cada candidato implicado en el dibujo, o un representante designado por el candidato, tendra un derecho de ser el presente y observar el dibujo. La seccion 13. Eso si cualquier seccion, la subdivision, la oracion, la clausula o la frase de esto la ordenanza, o la aplicacion de mismo a cierto conjunto de las persoas o las circunstancias, deba para cualquier razon sea tenido para ser invalido o considerado inconstitucional por un tribunal de la jurisdiccion competente, tal invalidez no afectara el las porciones restantes de esto la ordenanza, y a tal fin las varias porciones y las provisiones de esta ordenanza son declarados para ser severable; y el ayuntamiento de la Ciudad de Beaumont, Texas, declara habria pasado cada y en cada parte del mismo a pesar de la omision de cualquiera tal parte asi declaro para ser invalido o inconstitutional, o si hay uno o mas las partes. La seccion 14. Que todas ordenanzas o las partes de ordenanzas contradictorio o en el conflicto adjunto sean, hasta el punto de tal contradiccion o el conflicto, por la presente revocado. PASO EL AYUNTAMIENTO de la Ciudad de Beaumont, esto el dia cuarto de marzo, 2003. Alcalde Evelyn M. Lord ATTEST: Susan Henderson, City Clerk EXHIBIT "A" - 2003 GENERAL ELECTION ORDINANCE EXHIBA "UN" - 2003 ORDENANZA de la ELECCION GENERAL PRECINCT POLLING LOCATION JUDGE ALTERNATE LA ZONA LA UBICACION que SONDEA EL JUEZ ALTERNO 001 French Elementary School Don E. Hegele Yvonne Smith 3525 Cleveland Avenue Beaumont, TX 77703 002 Smith Middle School Bettye DeSoto Louis DeSoto 4415 Concord Beaumont, Texas 77703 003 Brown Alternative Center Etta Lois Hope Thelma Fielder 1900 Pope Beaumont, Texas 77703 004 Administration Building Dr. Bruce Drury Cherry Ford 3395 Harrison Avenue Beaumont, Texas 77706 005 Caldwood Elementary Jimmie O Neal Dolorous Kelley 102 Berkshire Lane Beaumont, Texas 77707 006 Central Senior High School Celeste Johnson Mary Sue Williams 88 Jaguar Beaumont, Texas 77702 007 O. C. "Mike" Taylor Career Judy Boutte Jean Runnels Center 2330 North Beaumont, Texas 77702 008 Magnolia Baptist Church Melissa Sweet Jo Helen Stevens 2830 Pine Street Beaumont, Texas 77703 10 McCabe Roberts Ave. United Nannette Cantue Leslie Cantue Methodist Church 1205 Roberts Ave. Beaumont, Texas 77701 11 Jefferson County Courthouse Rose Marie Owens Lorenzo Owens 1149 Pearl Beaumont, Texas 77701 012,013 Dunbar Elementary Revordia Williams Dora Chatman 825 Jackson Beaumont, Texas 77701 014 Ogden Elementary School Lillian Frye Marilyn Frazier 2300 Victoria Beaumont, Texas 77701 015 King Middle School Annie Pumphrey Olivia Gonzales 1400 Avenue A Beaumont, Texas 77701 016 Fletcher Elementary School Herman Davis, Jr. Darren Bergeron 1055 Avenue F Beaumont, Texas 77701 017, 026, 090 Municipal Airport Donna Hargraves Bobbie Watson 455 Keith Road Beaumont, Texas 77713 018 Ozen High School Dorothy S. Thomas Levora Anderson 3443 Fannett Road Beaumont, Texas 77705 019 BISD Administration, Annex Leonie Bodin Leo Lemell 1025 Woodrow Beaumont, Texas 77705 020 Pietzsch Elementary Grace DeMary Isadora Thomas 4301 Highland Avenue Beaumont, Texas 77705 022 Guess Elementary School Vickie Clement Kathie Walker 8055 Old Voth Road Beaumont, Texas 77713 023 Rosedale Baptist Church James Boykin Karlene Boykin 7110 Concord Beaumont, Texas 77708 027, 078, 086 Amelia Elementary Huberta Maynor Maydell Janecka 565 South Major Drive Beaumont, Texas 77707 039 Blanchette Elementary Maudry Plummer Isabelle Sonnier 2400 Lela Beaumont, Texas 77705 062 Sallie Curtis Elementary Ward McCurtain Edna McCurtain 6225 North Circuit Beaumont, Texas 77706 063 Lucas Elementary Thelma Nobles Sallie Cannon 1750 East Lucas Beaumont, Texas 77703 064,092 Beaumont Community Players Mary B. Francis Leona Moore 5515 Phelps Beaumont, Texas 77705 065 Regina -Howell School Peter J. Bevlaqua Verna Bevlaqua 5850 Regina Lane Beaumont, Texas 77706 066,025 Bevil Oaks Civic Center Mildred J. Jones Deborah Olson 7390 Sweetgum Road Beaumont, Texas 77713 067,021 South Park Middle School Viola Koenig Marjorie Applebach 4500 Highland Avenue Beaumont, Texas 77705 068 Austin Middle School Bobby T. Cowart Dot Wilkerson 3410 Austin Beaumont, Texas 77706 072 West End YMCA Oleta Holmes Lenora Caffey 3625 Dowlen Road Beaumont, Texas 77706 073 George Marshall Middle School Ella Sanders John Clayton 6455 Gladys Beaumont, Texas 77706 075 Lamar University, McDonald Willie Marrou Janice R. Marrou Gym 4400 MLK, Jr., Pkwy. Beaumont, Texas 77705 077 St. Pius X Church Schieketha E. Lois Simmons 5075 Bigner Road Simmons Beaumont, Texas 77707 079,100 Tennis Center John Mistrot Mary Malone 6455 College Beaumont, Texas 77707 084 Fehl School Ora Magee 3350 Blanchette Beaumont, Texas 77701 085 OCAW Hall Alice Dyes 2490 South 11th Street Beaumont, Texas 77701 087, 088, 099 Pine Burr Baptist Church John Figari 5095 Bine Burr Beaumont, Texas 77708 089 Ridgewood Retirement Center Ruth Cole 2520 IH 10E Beaumont, Texas 77703 104 Calvary Baptist Church Helen Stone 3650 Dowlen Road Beaumont, Texas 77706 EVB Beaumont City Hall Kathie Walker 801 Main Street, Room 125 Beaumont, TX 77701 EVB Beaumont City Hall Etta Lois Hope 801 Main Street, Room 125 Beaumont, TX 77701 116* West End YMCA Christine Gavrelos 3625 Dowlen Road Beaumont, TX 77706 Carolyn Calhoun Verlene Davenport Shirley Figari Laura Wheeler Eloise Stone 3 March 4, 2003 Consider approving a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District for the property at 8155 Highway 105 City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 4, 2003 AGENDA MEMO DATE: February 20, 2003 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District for the property at 8155 Highway 105. RECOMMENDATION The Administration recommends denial of the request for a zone change from RS to GC -MD District for the property at 8155 Highway 105. BACKGROUND Nelle Miers, the property owner and applicant, is requesting a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive commercial district. The property is located at 8155 Highway 105. Ms. Miers states that she bought the property several years ago and demolished a dilapidated house on the property. She would now like to develop the property as a plant nursery. Ms. Miers justifies her zone change request upon the fact that there are already several businesses located along Highway 105. She notes businesses at 7595 Highway 105 (Southern Star Gymnastics), 7795 Highway 105 (Honey's Cabinets), 7815 Highway 105 (Hi -Tower Kennels), 7985 Highway 105 (Dr. McKinley) and 8200 Highway 105 (Cathedral in the Pines School). In November, 2002, the City C ouncil approved a s pecific a se p ermit t o a llow a b eauty s hop i mmediately w est o f D r. McKinley's office. The subject property is 600' west of the proposed beauty shop. Southern Star Gymnastics is located in an RM -H District. Honey's Cabinets and Hi -Tower Kennels are located in an RS District but are, to the best of staff's knowledge, grandfathered uses. This zone change could be considered as spot zoning. In considering a "spot zoning" the following issues must be considered: 1) The law demands that the approved zoning plan should be respected and not altered for the special benefit of the landowner when the change will cause substantial detriment to the surrounding land or serve no substantial public purpose. Would the zone change be in compliance with the adopted comprehensive plan? The Comprehensive Plan designates this area as a "Neighborhood Growth Unit". As such, single family areas are to be protected from incompatible land uses. 2) Will this change adversely impact the surrounding properties? The nature and degree of an adverse impact upon neighboring lands is important. Lots that are rezoned in a way that is substantially inconsistent with the zoning of the surrounding area, whether more or less restrictive, are likely to be invalid. All of the property surrounding the subject property is zoned RS. Residential uses are located on three sides of the subject property. 3) Is the tract of land suitable or unsuitable for use as presently zoned? This is a factor. The size, shape and location of a tract of land or lot may render it unusable or even confiscatory as zoned. The lot was previously used for single family. There is nothing about the lot that would prohibit it from being used as single family again. 4) Does the proposed zone change bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas. This issue does not apply to this zone change. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held February 19, 2003, the Planning Commission voted 5:0 to deny the request for a zone change from RS to GC -MD District for the property at 8155 Highway 105. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from RS to GC -MD District for the property at 8155 Highway 105. Note: "THE 20% RULE" Section 30-40. D. of the Zoning Ordinance states the following: Protest: The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change, signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three- fourths (3/4) of all the members of City Council. This means that in order to approve a zone change or specific use permit when the 20% rule has been invoked at least six Council members must vote in favor of the Ordinance. On File 1655-Z, a protest of 32.18% was received, therefore invoking the Rule on this case. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 8155 HIGHWAY 105, 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 as RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 8155 Highway 105, being Lot 39, Neches Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 0.439 acres, more or less, as described 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 contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 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 4th day of March, 2003. - Mayor Evelyn M. Lord - FILE 1655-Z: Request for zone change from RS (Residential Single Family Dwelling) NORTH - fn B -(General Commercial - Multiple Family Dwelling) District -or a mom restrictive commercial district. Location: 8155 Highway 105 SCALE Applicant: Edna Nelle Miers 1"=200' I I 1 r q RM -M Ywdr /OS N RD U I� HIGHWAY 105 TOUVAR RD. rl. 120 Ib P. f J $ _ $� J e, W n,.75 �4 w �r— V� EXHIBIT "A" E! March 4, 2003 Consider approving a specific use permit to allow a dental office in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 2155 Dowlen BEAUMONT,TEXAS TO: FROM: PREPARED BY: MEETING DATE City of Beaumont Council Agenda Item City Council Kyle Hayes, City Manager Stephen C. Richardson, Planning Manager March 4, 2003 AGENDA MEMO DATE: February 20, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a dental office in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 2155 Dowlen. RECOMMENDATION The Administration recommends approval of the request for a specific use permit to allow a dental office in an RM -H District at 2155 Dowlen, subject to the condition that the property owner maintain an 8' tall opaque fence along the west property line, modification to the landscape strip along the west property line from 10' to 2 %2' and modification to the front parking lot concerning aisle width and bumper curbs as per the Traffic Manager's recommendation. BACKGROUND Dr. Nancy Endari is requesting a specific use permit to allow her to build a 2,000 sq. ft. dental office at 2155 Dowlen. She is requesting a modification to the landscaping requirements along the west property line. The site plan shows 2.5' of green area between the fence and the proposed parking. An T tall wood screening fence already exists along that property line. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held February 19, 2003, the Planning Commission voted 5:0 to approve the request for a specific use permit to allow a dental office in an RM -H District at 2155 Dowlen, subject to the condition that the property owner maintain an 8' tall opaque fence along the west property line, modification to the landscape strip along the west property line from 10' to 2 Wand modification to the front parking lot concerning aisle width and bumper curbs as per the Traffic Manager's recommendation. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a dental office in an RM -H District at 2155 Dowlen, subject to the condition that the property owner maintain an T tall opaque fence along the west property line, modification to the landscape strip along the west property line from 10' to 2 %2' and modification to the front parking lot concerning aisle width and bumper curbs as per the Traffic Manager's recommendation. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DENTAL OFFICE IN AN RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT, LOCATED AT 2155 DOWLEN, 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 Dr. Nancy Endari to allow a dental office in an RM -H (Residential Multiple Family Dwelling -Highest Density) District located at 2155 Dowlen, being Lot 2, Winchester West Place Addition, City of Beaumont, Jefferson County, Texas, containing 0.314 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a dental office in an RM -H (Residential Multiple Family Dwelling -Highest Density) District located at 2155 Dowlen, being Lot 2, Winchester West Place Addition, City of Beaumont, Jefferson County, Texas, containing 0.314 acres, more or less, is hereby granted to Dr. Nancy Endari, her legal representatives, successors and assigns, for that certain tract described on Exhibit "A' attached hereto and made a part hereof for all purposes, subject to the following conditions: C> The property owner is to maintain an 8' tall opaque fence along the west property line. b Modify the landscape strip along the west property line from 10' to 2'/2 . L:> Modify the front parking lot concerning aisle width and bumper curbs as per the Traffic Manager's recommendation. 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 hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of March, 2003. - Mayor Evelyn M. Lord - .,V„ IISIHX3 A PLOT PLAN SCALE i" = 30' so LOT 2 DOWLEN RD. --� 8' TALL WOOD AGE --- -r - DUMPSTHR Ir 2000 3d. FT. OFF. BUILDING WINDCHESTER WEST PLACE j 10' P°LATIr , 15TORY N SIZE 10'>< 4' �; UGON O FOUR CORNMS W/ LIGHTING OF Bun -DING 12 PARI<ING SPACES INCLUDING HANICAP SPACE rll' - 25' � 2 .01" - - GREEN AREA � P APPROXIMATE --'; 1 1914 SO. FT. TOTAL � 2V NG � SKsNJ2� IFA.* 4 eO t �� 24 DRIAEl1AY, ---tic 50MALK R cr !THE FAMILY DENTIST CENTER BRENDAS DRAWING 80ARD * Approval subject to the condition that the property owner maintain an T tall opaque fence along the west property line, modification to the landscape strip along the west property line from 10' to 2 %z' and modification to the front parking lot concerning aisle width and bumper curbs as per the Traffic Manager's recommendation. EXHIBIT "B" 5 March 4, 2003 Consider approving a specific use permit to allow a nightclub in a GC -MD (General Commercial - Multiple Family Dwelling) District at 5230 South M. L. King Parkway City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 4, 2003 AGENDA MEMO DATE: February 20, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a nightclub in a GC -MD (General Commercial -Multiple Family Dwelling) District at 5230 South M. L. King Parkway. RECOMMENDATION The Administration recommends approval ofthe request for a specific use permit to allow a nightclub in a GC -MD (General Commercial -Multiple Family Dwelling) District at 5230 South M. L. King Parkway, subject to the Traffic Manager's condition of installing one additional disabled parking space. BACKGROUND George Kay, is requesting the specific use permit to allow the operation of a dance club and bar in an existing 12,500 sq. ft. building. The club will not be a sexually oriented business. The property is split zoned GC -MD for the front half and LI (Light Industrial) for the rear half. The property has been used for a nightclub in the past but has been vacant for more than a year. A nightclub requires a specific use permit in GC -MD. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held February 19, 2003, the Planning Commission voted 5:0 to approve the request for a specific use permit to allow a nightclub in a GC -MD District at 5230 South M. L. K. Parkway, subject to the Traffic Manager's condition of installing one additional disabled parking space. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a nightclub in a GC -MD District at 5230 South M. L. King Parkway, subject to the Traffic Manager's condition of installing one additional disabled parking space. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A NIGHTCLUB IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 5230 S. M. L. KING PARKWAY, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council forthe City of Beaumont desires to issue a specific use permit to George Kay to allow a nightclub in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 5230 S. M. L. King Parkway, being Lot 3, Block 1, Plat B-22, J. A. Veatch Survey, City of Beaumont, Jefferson County, Texas, containing 3.36 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a nightclub in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 5230 S. M. L. King Parkway, being Lot 3, Block 1, Plat B-22, J. A. Veatch Survey, City of Beaumont, Jefferson County, Texas, containing 3.36 acres, more or less, is hereby granted to George Kay, his legal representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes, subject to the following condition: b Install one (1) additional disabled parking space. 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 hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of March, 2003. - Mayor Evelyn M. Lord - Y FILE 1652-P: Request for a specific use permit to allow a nightclub in a GC -MD NORTH (General Commercial - Multiple Family Dwelling) District. Location: 5230 S. M. L. King Parkway Applicant: George Kay SCALE V= 200' Ws CARDINAL DRIVE - EAST w a w NNOMLo v Z. Bei ry **>U BJ ECT - A P G� CARDINAL CARDINAL DR. \ \.- 09 D EXHIBIT "A" Tr. ai ler PbA * Approval subject to the Traffic Manager's condition of installing one additional disabled parking space. BACK Pik RkYN-G X 44!1 Owe IJ IS C)o FRONT PARKING EXHIBIT "B" 0 March 4, 2003 Consider approving a specific use permit to allow building construction/general contractors and construction/special trade contractors in a GC -MD (General Commercial -Multiple Family Dwelling) District at the northeast corner of Chamberlin and Washington BEAUMONT,TEXAS TO: FROM: PREPARED BY: MEETING DATE: Cqp ity of Beaumont Council Agenda Item City Council Kyle Hayes, City Manager Stephen C. Richardson, Planning Manager March 4, 2003 AGENDA MEMO DATE: February 20, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow building construction/general contractors and construction/special trade contractors in a GC -MD (General Commercial -Multiple Family Dwelling) District at the northeast corner of Chamberlin and Washington. RECOMMENDATION The Administration recommends approval of the request for a specific use permit to allow building construction/general contractors and construction/special trade contractors in a GC -MD District at the northeast corner of Chamberlin and Washington, subject to the following conditions: 1) A 30' landscaped strip will be required along the north side of the property. 2) If detached owner identification signs are desired, no more than three (3) detached signs shall be permitted. No detached owner identification sign shall exceed six (6) feet in height. BACKGROUND In 1992, City Council approved a specific use permit to allow storage of heavy equipment. This use no longer exists. Mr. Williamson, the property owner, is now asking for a specific use permit to allow the aforementioned uses. The proposal calls for three buildings, ranging in size from 3,750 sq. ft. to 4,950 sq. ft. and related parking. The subj ect property abuts RS zoning to the north. An 8' tall screening fence and 10' deep landscape strip are required along that property line. Instead of an 8' fence and 10' landscape strip, a 30' deep landscaped strip can be substituted. There is currently a 6' tall chain link fence surrounding the property. Staff has spoken with Mr. Williamson about his options and he has agreed to a 30' deep landscaped strip along the north property line. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held February 19, 2003, the Planning Commission voted 5:0 to approve the request for a specific use permit to allow building construction/general contractors and construction/special trade contractors in a GC -MD District at the northeast corner of Chamberlin and Washington, subject to the following conditions: 1) A 30' landscaped strip will be required along the north side of the property. 2) If detached owner identification signs are desired, no more than three (3) detached signs shall be permitted. No detached owner identification sign shall exceed six (6) feet in height. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow building construction/general contractors and construction/special trade contractors in a GC -MD District at the northeast corner of Chamberlin and Washington, subject to the following conditions: 1) A 30' landscaped strip will be required along the north side of the property. 2) If detached owner identification signs are desired, no more than three (3) detached signs shall be permitted. No detached owner identification sign shall exceed six (6) feet in height. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW BUILDING CONSTRUCTION/GENERAL CONTRACTORS AND CONSTRUCTION/SPECIAL TRADE CONTRACTORS IN A GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT THE NORTHEAST CORNER OF CHAMBERLIN AND WASHINGTON, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council forthe City of Beaumont desires to issue a specific use permit to J. E. Williamson to allow building construction/general contractors and construction/special trade contractors in a GC -MD (General Commercial -Multiple Family Dwelling) District located at the northeast corner of Chamberlin and Washington, being Lots 44, 45A, 45B, 46A and 46B, Block 5, Caldwood Acres, City of Beaumont, Jefferson County, Texas, containing 1.51 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow building construction/general contractors and construction/special trade contractors in a GC -MD (General Commercial -Multiple Family Dwelling) District located at the northeast corner of Chamberlin and Washington, being Lots 44, 45A, 45B, 46A and 46B, Block 5, Caldwood Acres, City of Beaumont, Jefferson County, Texas, containing 1.51 acres, more or less, is hereby granted to J. E. Williamson, his legal representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes, subject to the following conditions: C> A 30' landscaped strip will be required along the north side of the property. b If detached owner identification signs are desired, no more than three (3) detached signs shall be permitted. No detached owner identification sign shall exceed six (6) feet in height. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of March, 2003. - Mayor Evelyn M. Lord - IASN/N*ro# WASHINGTON gL p ILYO PYHIRIT "A" FILE 1653-P: Request for a specific use permit to allow building construction/general NORTH contractors and construction/special trade contractors in a GC -MD (General altiple- Family Dwelling) District. - - — -- Location: Northeast corner of Chamberlin and Washington SCALE Applicant: J. E• Williamson V-200' , �• • O dw Ail do • iv • dw t • • NIam • O •Q • A • am a r� 940 e 4w • KI n1 t ?34 76 • S • • sJs 4iI . G � • � • o r . . MI �� w ' U1 Q m G am m ... • 1!L 6t Z •s6 SZ • su Ho . we a. CJ • r1 + 6 IASN/N*ro# WASHINGTON gL p ILYO PYHIRIT "A" Z •9. r` v I , N EXHIBIT "B" un I 3 n o Ox• �. h. Z •9. r` v I , N EXHIBIT "B" March 4, 2003 Consider approving a specific use permit to allow a business office for a building construction/general contractor in a GC -MD (General Commercial -Multiple Family Dwelling) District at 10295 Eastex Freeway F11BEAUMONT,TEXAS TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE City of Beaumont Council Agenda Item City Council Kyle Hayes, City Manager Stephen C. Richardson, Planning Manager March 4, 2003 February 20, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a business office for a building construction/general contractor in a GC -MD (General Commercial -Multiple Family Dwelling) District at 10295 Eastex Freeway. RECOMMENDATION The Administration recommends approval of the request for a specific use permit to allow a business office for a building construction/general contractor in a GC -MD (General Commercial -Multiple Family Dwelling) District at 10295 Eastex Freeway, subject to the business owner complying with all applicable city codes, including installation of a fire hydrant. BACKGROUND Total Restoration Company, the applicant, repairs and restores buildings and structures damaged by water and fire. The subject property will be the location of the company's Beaumont District office. The existing building that formerly housed Girls' Haven is being used for the company's office. A 7,000 sq. ft. warehouse will be built behind the existing structure. In addition to Total Restoration's office and warehouse, a 12,150 sq. ft. commercial building and seven units of multiple family are proposed. Another area in the northeast corner of the property is also designated for future use. Commercial and multiple family uses are permitted by right in a GC - MD District. When the business owner originally came to the City to get building permits, it was to install a new roof and to do interior work. A sign permit was also received. The building was not to be occupied until a Certificate of Occupancy was issued. However, a parking lot was installed without permits. The Fire Marshall states that a fire hydrant is needed because the property does not have adequate fire protection. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held February 19, 2003, the Planning Commission voted 5:0 to approve the request for a specific use permit to allow a business office for a building construction/general contractor in a GC -MD District at 10295 Eastex Freeway, subject to the business owner complying with all applicable city codes, including installation of a fire hydrant. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a business office for a building construction/general contractor in a GC -MD District at 10295 Eastex Freeway subject to the business owner complying with all applicable city codes, including installation of a fire hydrant. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BUSINESS OFFICE FOR A BUILDING CONSTRUCTION/GENERAL CONTRACTOR IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 10295 EASTEX FREEWAY, 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 Total Restoration Company to allow a business office for a building construction/general contractor in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 10295 Eastex Freeway, being Plat RS -4, Tract 72 and adjacent railroad right-of-way, W. B. Dyches Survey, Abstract 17, City of Beaumont, Jefferson County, Texas, containing 2.92 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a business office for a building construction/general contractor in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 10295 Eastex Freeway, being Plat RS -4, Tract 72 and adjacent railroad right-of-way, W. B. Dyches Survey, Abstract 17, City of Beaumont, Jefferson County, Texas, containing 2.92 acres, more or less, is hereby granted to Total Restoration Company, its legal representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes, subject to the following condition: b The business owner to comply with all applicable city codes, including installation of a fire hydrant. 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 hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of March, 2003. - Mayor Evelyn M. Lord - SM 14 rA. l� j 1 y 17 FILE 1654-P: Request for a specific use permit to allow a business office for a building NORTH construction/general contractor in a GC -MD (General Commercial - Multiple Family Dwelling) District. AL Location: 10295 Eastex Frwy. SCALE Applicant: Fittz and Shipman, Inc. V= 200, 66 -d Q `o es CLICK DR. I AV LEINIS DR.. SCOTT'S DR. HURLEY DR. C EXHIBIT "A" ;� ,..E=-- .- .- ._ _�;° �-- " � - jam•--- - �__—=''`.-..-_�-''-%�..f, 7-1 ILI Le .cr h ui y--- — xlar" %3 r * Approval subject to the business owner complying with all applicable city codes, including installation of a fire hydrant. = ' - EL[=1 ITE ?L.a.`: TOT.ai PE TO s aE ` FittzFa'Shipman, '.ar'TET F EE,c.�� s..o io�". TE\a� EXHIBIT "B„ M March 4, 2003 Consider approving a specific use permit to allow a beauty salon in an RCR (Residential Conservation and Revitalization) District at the northwest corner of Shell Road and Highland Avenue - .BEAUMONT,TEXAS PENJ TO: FROM: PREPARED BY: MEETING DATE: City of Beaumont Council Agenda Item City Council Kyle Hayes, City Manager Stephen C. Richardson, Planning Manager March 4, 2003 AGENDA MEMO DATE: February 20, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a beauty salon in an RCR (Residential Conservation and Revitalization) District at the northwest corner of Shell Road and Highland Avenue. RECOMMENDATION The Administration recommends approval of the request for a specific use permit to allow a beauty salon in an RCR District at the northwest corner of Shell Road and Highland Avenue, subject to a modification to the landscaping/screening requirements along the west property line and to the landscaping requirements along the north property line. BACKGROUND The applicant, Lynell Simien, is requesting a specific use permit in order to operate a three chair beauty salon. Ms. Simien states that she currently styles hair in a shop directly across the street but would like to open her own shop. Ms. Simien is requesting a modification to the landscaping/screening requirements along the north and west sides of the property. Immediately to the west is a 45' wide power line right-of-way. West of that is a dilapidated residential structure. Ms. Simien has stated that she is interested in buying that property. Therefore, she would like the landscaping/screening requirements be waived along the west property line. In the northwest corner of the property, 21' of the landscape strip is approximately 2' deep due to the location of the proposed parking. A modification to the 10' landscape strip is required along the north property line to allow landscaping as shown. An 8' tall screening fence is still recommended. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held February 19, 2003, the Planning Commission voted 5:0 to approve the request for a specific use permit to allow a beauty salon in an RCR District for the property at the northwest corner of Shell Road and Highland Avenue, subject to a modification to the landscaping/screening requirements along the west property line and to the landscaping requirements along the north property line. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a beauty salon in an RCR District for the property at the northwest corner of Shell Road and Highland Avenue, subject to a modification to the landscaping/screening requirements along the west property line and to the landscaping requirements along the north property line. ORDINANCE NO ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BEAUTY SALON IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT, LOCATED AT THE NORTHWEST CORNER OF SHELL ROAD AND HIGHLAND AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Lynell Simien to allow a beauty salon in an RCR (Residential Conservation and Revitalization) District located at the northwest corner of Shell Road and Highland Avenue, being Lots 1-5, Block 2, Shell Road Addition, City of Beaumont, Jefferson County, Texas, containing 0.229 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a beauty salon in an RCR (Residential Conservation and Revitalization) District located at the northwest corner of Shell Road and Highland Avenue, being Lots 1-5, Block 2, Shell Road Addition, City of Beaumont, Jefferson County, Texas, containing 0.229 acres, more or less, is hereby granted to Lynell Simien, her legal representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes, subject to the following condition: b Modification to the landscaping/screening requirements along the west property line and to the landscaping requirements along the north property line. 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 hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of March, 2003. - Mayor Evelyn M. Lord - _--_—. 1 an . •M..., An , . . • • , - SO ASO .1. ------..—' -'i-- �J FELE 1656-P: Request for a specific use permit to allow a beauty shop in an RCR NORTH 17 (Residential_ Conservation Revitalization) District. - cation: Moirthwest corner o e oa a ue. ----- iApplicant: Kevin and Lynell Simien SCALE FRI tA%AL 1"=200' 4 J?S 60 did ors 60 • f0 J75 ; In e3[!S+ . T dV , do1. Oki • , t! w �+ Aft tsosr ' r .t. r+,,e �s' I s• s t r JJiJr vtrtt rriJr.arti •'rs .I A rlrenr t r AEABAMA AVE. V I t �OAD WEE $r j x - • t Is of N SHELL RD. R G- A,IrR1 A, A o• 1 j g 4.• GJAM-AND AVE. tJ n to ra `rt rr K Js � r ' '• =e at � I t 7 s j s i • a C '� I ' 11 ij dassa i ,. ( t s I I HIGHLAND DR sa If SO 43 47 3D 30 ♦5 Nf 30 .10. - : JO 40 s. N .:.J .r ' .. Je u ` ` .11i m i ,e Js ' N i ff z I t d /ON'A A'YE -�•�•' i is n s �v so of .s t= t e IOWA ST. �y �AKi N r • Ar Jr i. t v �. • •t N J . /40 IK6 140 �0 IS i0 Ir N JJ Z 4f� 4!33VA J . • rJ t . Q i I 40 �V CUCHtA ST.- -- Q J . • BIL fS l � i• I • • ••. j/ t e ,� r! N 1 ss f r t 7 GILES ST. s F- I i� Z%%3 < ? x t _ A(IGtlSfA I n J W r U, ; �-1 $ , _ $ AUGUSTA ST. J EXHIBIT "A" I .. �4J7' Jrf SS tsJ re tlJ rr 11: M 4 /&'R 1 I w . I j rr;AWI:I1r:t G- A,IrR1 A, A o• 1 j g 4.• GJAM-AND AVE. tJ n to ra `rt rr K Js � r ' '• =e at � I t 7 s j s i • a C '� I ' 11 ij dassa i ,. ( t s I I HIGHLAND DR sa If SO 43 47 3D 30 ♦5 Nf 30 .10. - : JO 40 s. N .:.J .r ' .. Je u ` ` .11i m i ,e Js ' N i ff z I t d /ON'A A'YE -�•�•' i is n s �v so of .s t= t e IOWA ST. �y �AKi N r • Ar Jr i. t v �. • •t N J . /40 IK6 140 �0 IS i0 Ir N JJ Z 4f� 4!33VA J . • rJ t . Q i I 40 �V CUCHtA ST.- -- Q J . • BIL fS l � i• I • • ••. j/ t e ,� r! N 1 ss f r t 7 GILES ST. s F- I i� Z%%3 < ? x t _ A(IGtlSfA I n J W r U, ; �-1 $ , _ $ AUGUSTA ST. J EXHIBIT "A" EXHIBIT "B" March 4, 2003 Consider approving a request to abandon a 49.92' x 59.90' section of Coolidge Street right-of-way LN - .BEAUMONT,TEXAS rq TO: FROM: PREPARED BY: MEETING DATE: City of Beaumont Council Agenda Item City Council Kyle Hayes, City Manager Stephen C. Richardson, Planning Manager March 4, 2003 AGENDA MEMO DATE: February 20, 2003 REQUESTED ACTION: Council consider a request to abandon a 49.92'x 59.90' section of Coolidge Street right-of-way. RECOMMENDATION The Administration recommends approval of the request to abandon a 49.92' x 59.90' section of Coolidge Street right-of-way. BACKGROUND Bill Little, the applicant and an adjacent property owner, is requesting the abandonment of a 49.92' x 59.9' portion of Coolidge Street. This section of Coolidge dead -ends at Christina Court Section Two and is unimproved. The pavement ends immediately east of the subject property. Mr. Little is purchasing the adjacent Lot 12, Block 42 of Calder Highland Extension Addition. If this abandonment is approved, he will incorporate the right-of-way and the aforementioned Lot 12 into Lots 24 and 25, Block 1 of Christina Court Section Two. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held February 19, 2003, the Planning Commission voted 5:0 to approve the request to abandon a 49.92' x 59.90' section of Coolidge Street right-of-way. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to abandon a 49.92'x 59.90' section of Coolidge Street right-of-way. ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 49.92'x 59.90' SECTION OF COOLIDGE STREET RIGHT- OF-WAY, CALDER HIGHLAND EXTENSION ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 49.92' x 59.90' section of Coolidge Street right-of-way, beginning at points perpendicular and parallel with the northeast corner of Lot 12, Block 42, Tract 2, Calder Highland Extension Addition and the southwest corner of Lot 48, Block 41, Tract 7, Calder Highland Extension and extending 49.92' west to the northwest corner of said Lot 12 and the northeast corner of Lot 25, Block 1, Christina Court Section Two, City of Beaumont, Jefferson County, Texas, containing 0.068 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same is hereby, vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of March, 2003. - Mayor Evelyn M. Lord - s *I' •� wawa— -41 iTfS. si . A T' "All 10 March 4, 2003 Consider approving a request to abandon the 20' drainage easement and the 10' utility easement on Lot 24, Block 17 of the Replat of Calder Place Addition at 985 22nd Street BEAUMONT,TEXAS TO: FROM: PREPARED BY: MEETING DATE: City of Beaumont Council Agenda Item City Council Kyle Hayes, City Manager Stephen C. Richardson, Planning Manager March 4, 2003 AGENDA MEMO DATE: February 20, 2003 REQUESTED ACTION: Council consider a request to abandon the 20' drainage easement and the 10' utility easement on Lot 24, Block 17 of the Replat of Calder Place Addition at 985 22"d Street. RECOMMENDATION The Administration recommends approval of the request to abandon the 20' drainage easement. and the 10' utility easement on Lot 24, Block 17 of the Replat of Calder Place Addition at 985 22"d Street. BACKGROUND Fred Dreyer, the property owner, would like to construct a 13'x 14 1/z' boat shed in the northwest corner of his property. The boat shed will encroach into the two easements. This item was sent to all interested parties and no objections were received. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held February 19, 2003, the Planning Commission voted 5:0 to approve the request to abandon the 20' drainage easement and the 10' utility easement on Lot 24, Block 17 of the Replat of Calder Place Addition at 985 22"d Street. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to abandon the 20' drainage easement and the 10' utility easement on Lot 24, Block 17 of the Replat of Calder Place Addition at 985 22nd Street. ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING THE 20' DRAINAGE EASEMENT AND THE 10' UTILITY EASEMENT ON LOT 24, BLOCK 17 OF THE REPLAT OF CALDER PLACE ADDITION AT 985 22ND STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the 20' drainage easement and the 10' utility easement on Lot 24, Block 17 of the Replat of Calder Place Addition at 985 22nd Street, a 10' x 100' utility easement and a 20' x 100' drainage easement at the rear of the north 37' 9" of Lot 25 and the south 62' 10" of Lot 24, Block 17, Replat of Calder Place Addition, City of Beaumont, Jefferson County, Texas, containing 0.068 acres, more or less, as shown on Exhibits "A" and "B" attached hereto, be and the same is hereby, vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of March, 2003. - Mayor Evelyn M. Lord - Ar If Q it 1p FILE 643 -OB: Request to abandon the 20' drainage easement and the 10' utility easement in Block 17 of the Calder Place Addition Replat. Location: 985 22°" St. Applicant: Fred Dreyer t � I • � r r. � A 0 ! • NN OO Y X-4 •t / ., Avg t t i • P c 3 s �! '• a t/ n WS .., 4 .1 t - O :r : 0. • cc .60v { 1Q V • w Y 1 •2.•n j O • _ 91 • 1 x LONG AVE.) 3%CZ7 D K -OJ ADO 400 1 I • Q t � F- ' t • � � Q �itJt r r.• +s •r '� t � I • � r r. � A 0 ! • NN OO Y X-4 •t / ., Avg t NORTH SCALE 1"=200' _ • Z HARRISON AVE. 3ia'�7 r W At Ar — . _ -- - • � • • ! I • • !t I! • it N M • I .�•�� - • • M . ILj / • • d Y H . M M I q •O • N 6!t • • » . . f I • ,O Ir • a p t _ _ At 107 a AV 0 JV • // ,, IO in T Cn 6 — y $ ► i 'a r N r s N S r .o �• /s s. Q 4 Cl) N ! f tV Z t I ! N AV ! ■ l • • r • ! !t • ! is Y t ■ • 1 r • • p • t rJ , My MAL W me 95 AIW �.. . NORTH ST.sr 3lDCU !0 w B -- EXHIBIT "A" ! // • 1:. i t i jo • c 3 s �! '• a t/ WS .., 4 .1 t :r : e� .60v { 1Q V • w Y 1 •2.•n j or- LONGAVI 91 • 1 x LONG AVE.) 3%CZ7 D K -OJ ADO 400 1 I • N i I III r.• +s •r '� • Z HARRISON AVE. 3ia'�7 r W At Ar — . _ -- - • � • • ! I • • !t I! • it N M • I .�•�� - • • M . ILj / • • d Y H . M M I q •O • N 6!t • • » . . f I • ,O Ir • a p t _ _ At 107 a AV 0 JV • // ,, IO in T Cn 6 — y $ ► i 'a r N r s N S r .o �• /s s. Q 4 Cl) N ! f tV Z t I ! N AV ! ■ l • • r • ! !t • ! is Y t ■ • 1 r • • p • t rJ , My MAL W me 95 AIW �.. . NORTH ST.sr 3lDCU !0 w B -- EXHIBIT "A" ) "_ 44Z)' 0,00 DC'.SC�I QCs Loca 110" OF NCL BUM I SNU V Cz� stRucr�o� —rD 1M L' LuDE 4" 90A)tk.crc- Sc�g RcoF (.JtiT� &mPOSITtOA) SF4 tn5UCE5. 3 - --- 1p .U7 ' y 0 c EXHIBIT "B" 11 March 4, 2003 Consider approving a request to abandon a 24' wide utility easement in the abandoned alley of Block 72, Van Wormer Addition, located between Orange Street and Avenue A BEAUMONT,TEXAS TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City of Beaumont Council Agenda Item City Council Kyle Hayes, City Manager Stephen C. Richardson, Planning Manager March 4, 2003 February 20, 2003 REQUESTED ACTION: Council consider a request to abandon a 20' wide utility easement in the abandoned alley of Block 72, Van Wormer Addition, located between Orange Street and Avenue A. RECOMMENDATION The Administration recommends approval of the request to abandon a 20' wide utility easement in the abandoned alley of Block 72, Van Wormer Addition, located between Orange Street and Avenue A. BACKGROUND Lion Construction is requesting the abandonment of the 20' x 300' utility easement in order to construct a new Family Dollar store on a 1.05 acre tract that spans the easement. This utility easement was created when an alley was abandoned in 1947. The abandonment request was sent to all interested parties. No negative responses were received. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held February 19, 2003, the Planning Commission voted 5:0 to approve the abandonment of a 20' wide utility easement in the abandoned alley of Block 72, Van Wormer Addition, located between Orange Street and Avenue A. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to abandon a 20' wide utility easement in the abandoned alley of Block 72, Van Wormer Addition, located between Orange Street and Avenue A. ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING THE 20' WIDE UTILITY EASEMENT IN THE ABANDONED ALLEYOF BLOCK72, VAN WORMER ADDITION, LOCATED BETWEEN ORANGE STREET AND AVENUE A, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the 20' wide utility easement in the abandoned alley of Block 72, Van Wormer Addition, located between Orange Street and Avenue A, beginning at the westerly right-of-way line of Orange Street and ending at the easterly right-of-way line of Avenue A, containing 0.137 acres, more or less, City of Beaumont, Jefferson County, Texas, as shown on Exhibits "A' and "B" attached hereto, be and the same is hereby, vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of March, 2003. - Mayor Evelyn M. Lord - FILE 642 -OB: Request to abandon the utility easement in the abandoned alley of NORTH Block 72, Van Wormer Addition a Location: College St. at Ave. A and Orange St. Applicant: Austin Brown for Lion Construction SCALE 1"=200' b. !� Q o A \• r• / 10 'P ops •�`° f -L� • �• ' 9GF • 5 to Too 40 I '91 •' 0%, o , �� %a! 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" il•!Y ;�� I� �;r"� i ss;i .! � -5n t" gsisi i i1 i� T. i Y 3;� }' # Pp#�f '- FA Fa+•Jim . x :s s ? ' Ssslxiy3, f ;2 �� txl�^ . •g�;,,-! a 'RS:w Q $RF 72� 6t „i igv "s, q q tj P x_^_,PledR If 14�I ► 'i=i1 ��g t:,8f lgi=q rt $lll;_ •: ! :i t -i- - - i �=f!f g7 f_i s:f ; _ri!"'�� aMe�ag-�=��aa�.ia �a�b �,>� i !t i P tii d ii };I�_i i 1il3+iii .�"sa$ iRa" t _ t A ' 0 rn In n v O Z S 12 March 4, 2003 Consider approving the City of Beaumont Investment Policy 1~ City of Beaumont � Council Agenda Item c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: March 4, 2003 AGENDA MEMO DATE: February 26, 2003 REQUESTED ACTION: Council consider a resolution approving the City of Beaumont Investment Policy as attached. RECOMMENDATION The administration requests a review of the City of Beaumont Investment Policy and approval as attached with no changes from the previous year. BACKGROUND State law mandates the City Council review the Investment Policy and approve modifications, if any, to the policy on an annual basis. The Texas State Legislature was not in session during 2002 and therefore there are no changes to the law regarding Chapter 2256 of the Government Code (Public Funds Investment Act). In addition, no change to the City's policy is requested regarding authorized investments, maximum maturities or any other provisions. BUDGETARY BIPACT None. PREVIOUS ACTION The City's current policy was adopted on September 26, 1995 with amendments on October 29, 1996, October 28, 1997 and November 3, 1998, November 9, 1999, November 21, 2000 and January 29, 2002. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. RECOMMENDED MOTION Approve/Deny resolution approving the City of Beaumont Investment Policy as attached. City of Beaumont Investment Policy I. Introduction It is the policy of the City of Beaumont to invest public funds in a manner which will ensure that the investments are duly authorized, properly managed, adequately protected and fully collateralized. The City shall seek the highest investment return with the maximum security while meeting daily cash needs and conforming to the City Charter, the Public Funds Investment Act (Chapter 2256, Government Code as amended) and all other state and local statutes governing the investment of public funds. II. Scope This investment policy applies to all financial assets of the City as accounted for in the City's Comprehensive Annual Financial Report. These include General, Special Revenue, Debt Service, Capital Projects, Enterprise, Internal Service and Fiduciary Funds. All are pooled for investment purposes except debt service and debt service reserve funds. Interest is allocated monthly to each fund based on its individual cash balance. III. Prudence Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. The "prudent person" standard shall be applied in the context of managing the total portfolio rather than a single investment providing that the decision was consistent with this investment policy. (Section 2256.006, Government Code) Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of responsibility for an individual security's credit risk or market price changes provided that deviations from exceptions are reported in a timely fashion and appropriate action is taken to control adverse developments. IV. Objectives The primary objectives, in priority order, of the City's investment activities shall be preservation and safety of principal, liquidity and yield. (Section 2256.006, Government Code) 1 City of Beaumont - Investment Policy A. Safety of principal The City of Beaumont has as its foremost objective to ensure the safety of principal. Investments of the City shall be undertaken in a manner that seek to ensure the preservation of capital in the overall portfolio. To attain this objective diversification is required in order to eliminate an over -concentration of assets in one institution, maturity or type of securities. B. Liquidity The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. The portfolio shall be constructed so that investment maturities are matched with forecasted cash flow requirements and limited by investments in securities with an active secondary market. C. Yield The City's investment portfolio shall be designed with the objective of attaining a rate of return which is consistent with risk limitations and cash flow characteristics of the City's investments. V. Delegation of Authority Authority to manage the City's investment program is derived from the City Charter (article VII, section 1-2). The Charter designates the City Manager as Director of Finance who shall have custody of all public funds, investments, bonds and notes of the City and be responsible for their safekeeping. The City Manager shall establish written procedures for the operation of the investment program consistent with this investment policy which include explicit delegation of authority to persons responsible for investment transactions. The City Manager shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Each "investment official" shall be approved by resolution of City Council to invest the City of Beaumont's funds. As shown in exhibit "A", the City Manager, the Finance Officer and the City Treasurer are currently approved as investment officials of the City of Beaumont. Such approval of specific persons shall remain in.effect until rescinded by the City Council or until termination of the person's employment by the City of Beaumont. Investment officials shall not deposit, withdraw, transfer or manage the funds of the City of Beaumont in a manner that is not consistent with the "prudent person" standard as described in section III of this policy. (Section 2256.005 (f) -(h), Government Code) 2 City of Beaumont - Investment Policy VI. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Investment officials shall disclose any personal business relationships with business organizations approved to conduct investment transactions with the City of Beaumont as described in Section 2256.005 (i)(1-3) of the Government Code. They shall also disclose any specific individuals who seek to sell investments to the City and are related to the employee within the second degree by affinity or consanguinity, as determined under Chapter 573. Disclosure shall be filed with the Texas Ethics Commission and the City Council of the City of Beaumont. An ethics statement signed by each investment official is attached as exhibit `B". VII. Training Each investment official of the City of Beaumont shall attend as least ten (10) hours of training relating to investment responsibilities within 12 months after assuming such duties and shall continue to attend an investment training session not less than once every two years thereafter consisting of at least ten (10) hours of instruction. Training shall be in accordance with the Public Funds Investment Act and include education in investment controls, security risks, strategy risks, market risks, and compliance with state statutes governing the investment of public funds. All training shall be conducted by an independent source which has been approved by City Council. (Section 2256.008, Government Code) The Government Treasurers Organization of Texas, the Government Finance Officers Association of Texas, the Texas Municipal League and the University of North Texas are hereby approved as "independent sources" who may provide such training to investment officials. VIII. Selection of Financial Dealers, Institutions and Investment Pools Authorized investments shall only be purchased from those institutions included on the City's list of broker/dealers, financial institutions and investment pools as approved by the City Council. An "approved list", as shown in exhibit "C", shall be maintained by investment officials at all times and reviewed by the City Council on an annual basis. (Section 2256.025, Government Code) 3 City of Beaumont - Investment Policy Any business organization which seeks to execute investment transactions with the City of Beaumont shall provide a written instrument certifying that they have received and thoroughly reviewed the City's investment policy and have implemented reasonable procedures and controls in a effort to preclude investment transactions that are not authorized by this policy. The certification, as shown in exhibit "D", must be signed by a qualified representative of the business organization. Investment officials shall not buy any securities from a firm which has not filed this instrument. (Section 2256.005 (k)-(1), Government Code) A. Broker/Dealers The City shall select broker/dealers by creditworthiness and may include "Primary Government Securities Dealers" or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 150-1 (uniform net capital rule). Broker/dealers selected must be members in good standing of the National Association of Securities Dealers, Inc. (NASD) and be licensed by the State of Texas. The minimum net capital requirement is $ 5,000,000 and the business must have been in operation for at least five years. Firms who desire to become approved bidders for investment transactions must supply the City with audited financial statements, a trading agreement and other information regarding their capabilities, experience, general reputation, size and capitalization. Each firm will be reviewed by investment officials and a recommendation made for approval by City Council. B. Public Depositories The City Council shall select a primary depository every three years. The primary depository as authorized by the City Council shall meet all requirements of the state law concerning depositories for municipal funds. (Chapter 105, Government Code) The institution offering the most favorable terms and conditions for the handling of City funds shall be selected as the depository. The City Council may also establish agreements with financial institutions under separate contract for additional services which are necessary in the administration, collection, investment, and transfer of municipal funds. (Section 105.018, Government Code) Financial institutions who desire to become approved bidders for investment transactions shall submit information similar to that of a broker/dealer as described above (section VIII -A). No deposit shall be made except in a qualified public depository as established by State Law. The City of Beaumont shall not place deposits or investments with Saving and Loan Associations or Credit Unions. 0 City of Beaumont - Investment Policy C. Investment Pools Investment officials may invest funds of the City of Beaumont through an eligible investment pool with specific approval by resolution of City Council and execution of a written agreement. To become eligible, investment pools must first meet all requirements of State Law. They shall provide the City with an offering circular which contains specific and detailed information and provide detailed monthly transaction and performance reports. Pools shall have advisory boards composed of qualified members representing participants and non -participants who do not have a business relationship with the pool. (Section 2256.016 - 2256.019, Government Code) Before selection, pools shall be thoroughly reviewed and evaluated by investment officials. Annually, a review of the financial condition and registrations of approved bidders will be conducted by investment officials. A current audited financial statement is required to be on file for each financial institution, broker/dealer or investment .pool in which the City of Beaumont invests. IX. Authorized and Suitable Investments Authorized investments for municipal governments in the state of Texas are set forth in the Public Funds Investment Act, as amended. (Section 2256.009-2256.019, Government Code) Suitable investments for the City of Beaumont are limited to the following: ♦ Direct Obligations of the United States or its agencies and instrumentalities which are non -callable and have a maximum stated maturity date of 5 years or less. ♦ Certificates of deposit issued by approved depository banks as described above (section VIII -B) which have a maximum stated maturity date of 5 years or less and are insured by the Federal Deposit Insurance Corporation, or their successors; or secured by obligations that are described in Section 2256.009(a) of the Government Code. ♦ Fully collateralized direct repurchase agreements with a defined termination date of 90 days or less which are secured by obligations of the United States or its agencies and instrumentalities and pledged with a third party other than an agent for the pledgor. Investment officials may invest in repurchase agreements through an approved primary government securities dealer or an approved depository bank as described above (section VIII -A, B). Each issuer of repurchase agreements shall be required to sign a master repurchase agreement. 5 City of Beaumont - Investment Policy ♦ No load money market mutual funds registered with and regulated by the Securities and Exchange Commission with a dollar weighted average stated maturity of 90 days or less whose assets consist exclusively of direct obligations of the United States and whose investment objectives include the maintenance of a stable net asset value of $1 per share. Money market mutual funds must provide the City with a prospectus and other information required by the Securities and Exchange Act of 1934 (Section 2256.014 (a), Government Code) and be specifically approved by City Council or purchased through the City's primary depository as an overnight investment tool. ♦ Approved investment pools as described above (section VIII -C) which are continuously rated no lower than AAA, AAA -m or an equivalent rating by at least one nationally recognized rating agency. X. Marking to Market All securities and certificates of deposit will be purchased or sold after at least two (2) offers or bids are taken to verify that the City is receiving a fair market value or price for the investment. The market value shall continue to be monitored at least quarterly through on-line investment software to which the City subscribes, the wall street journal or some other recognized market pricing source. The City of Beaumont shall not obtain market pricing from business organizations who may engage in investment transactions with the City. XI. Collateralization Collateralization will be required on all deposits, certificates of deposit and repurchase agreements. The collateralization level shall be equal to at least one hundred two percent (102%) of the aggregate market value of the deposit or investment including accrued interest less an amount insured by the Federal Deposit Insurance Corporation. Evidence of the pledged collateral shall be documented by a tri -party custodial or a master repurchase agreement with the collateral pledged clearly listed in the agreement. Collateral shall be reviewed monthly to assure that the market value of the securities pledged equals or exceeds the related deposit or investment balance. Collateral requirements shall be in accordance with both the Public Funds Investment Act and the Public Funds Collateral Act (Chapter 2256 and 2257, Government Code). Collateral underlying repurchase agreements is limited to direct obligations of the United States or its agencies and instrumentalities. The City of Beaumont shall accept a surety bond or the following investment securities as collateral on deposits and certificates of deposit: ♦ Direct obligations of the United States or its agencies and instrumentalities. 1.1 City of Beaumont - Investment Policy ♦ Direct obligations of this state or its agencies and instrumentalities. ♦ Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States and excluding those mortgage backed securities considered a high-risk mortgage security as described by Section 2257.0025 of the Government Code as well as those of the nature described by section 2256.009 (b) of the Government Code. ♦ Other obligations which are guaranteed or backed by the full faith and credit of this state or the United States or their respective agencies and instrumentalities. ♦ Obligations of states, agencies, counties, cities and other political subdivisions rated not less than A or its equivalent. ♦ Letters of credit issued by the United States or its agencies and instrumentalities. XII. Safekeeping and Custody Collateral shall be placed for safekeeping in a custodial account at the Federal Reserve Bank or at an institution not affiliated with a firm pledging collateral. All safekeeping arrangements shall be in accordance with a tri -party custodial agreement which clearly defines the responsibilities of each parry and outlines the steps to be taken in order for the City to gain access to the collateral in the event of a "failure". The custodial agreement shall be executed between the City, the firm pledging the collateral and the custodial institution. All safekeeping receipts shall be delivered to the City and all collateral (whether a pledge or substitution) shall be formally accepted and released by City Council. All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery -versus -payment (DVP) basis. That is, funds shall not be wired or paid until verification has been made that the correct security was received by the safekeeping institution. Pool funds and mutual funds are excluded from this requirement. The security shall be held in the name of the City or on behalf of the City. The City shall not purchase securities from the firm or banking institution designated as the safekeeping institution. XIII. Diversification The City of Beaumont will diversify its investments to eliminate an over -concentration of assets in any one security type or institution. ♦ Up to ninety percent (90%) par of the portfolio may be invested in direct obligations of the United States or its agencies and instrumentalities. 7 City of Beaumont - Investment Policy ♦ No more than fifty percent (50%) par of the portfolio may be invested in certificates of deposit or repurchase agreements. ♦ No more than eighty percent (80%) par of the portfolio may be invested in investment pools or money market mutual funds. ♦ No more than twenty five percent (25%) par of the portfolio may be invested with any one institution in certificates of deposit and/or repurchase agreements. Additionally, these investments shall not exceed ten percent (10%) of the capitalization of the financial institution. XIV. Investment Strategies The City of Beaumont shall maintain a separate investment strategy for each of the three fund types represented in the portfolio. (Section 2256.005,(d), Government Code) A. Pooled Fund Groups Investment strategies for pooled fund groups containing operating funds have as their primary objective to ensure that anticipated cash flows are matched with adequate investment liquidity. Securities purchased shall not have a final stated maturity date which exceeds two (2) years from the date of purchase without specific approval by the City Council. The dollar weighted average maturity of the portfolio shall not exceed 365 days as calculated using the stated final maturity dates of each security. B. Debt Service Funds Investment strategies for debt service funds shall have as their primary objective to ensure that investments mature as necessary to cover the debt service obligation on the required payment date. The stated final maturity date on securities purchased shall not exceed the debt service payment date unless excess funds are available. In that case, maximum maturities shall not exceed two (2) years from the date of purchase and the dollar weighted average maturity of the portfolio shall not exceed 365 days as is consistent with investment strategies for operating funds. C. Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as their primary objective to seek the highest investment return with maximum security in order to produce a dependable revenue stream to the appropriate fund. Securities shall be invested in accordance with specific bond ordinances and shall not have a stated maturity date which exceeds the final maturity date of the bonds. At no time shall maximum maturities exceed five (5) years from the date of purchase. 8 City of Beaumont - Investment Policy XV. Internal Control The City of Beaumont, in conjunction with its annual financial audit shall perform a compliance audit of management controls on investments and adherence to the City's investment policy. (Section 2256.005(m), Government Code) XVI. Performance Standards The City intends to pursue an active versus a passive portfolio management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles which is consistent with risk limitations and cash flow needs of the City . Given this strategy, the basis used by investment officials to determine whether market yields are being achieved shall be the average return on 90 day U.S. Treasury Bills. XVII. Reporting Investment officials shall submit a monthly report to City Council summarizing the results of the City's investment activity. This report shall include the status of the current portfolio position, performance, trading activity, interest earnings and collateral. A quarterly report shall be submitted to the City Manager, as Chief Executive Officer, and the City Council detailing investment transactions and performance for the reporting period in accordance with state law. (Section 2256.023, Government Code) The report shall be jointly prepared and signed by all investment officials. It shall include a summary statement prepared in compliance with generally accepted accounting principles for each fund type and a detailed listing that states the beginning market value, changes to the market value, ending market value and fully accrued interest for the period. In addition, investment officials shall report on adherence to the City's investment strategies as expressed in this policy. The quarterly reports shall be formally reviewed by the City's independent auditor on an annual basis and the results of the review shall be reported to City Council. (Section 2256.023, (d), Government Code) XVIII. Investment Policy Adoption The City's investment policy is hereby adopted by resolution of the City Council on September 26, 1995. The City Council shall review and approve any modifications to the policy on an annual basis. This policy serves to satisfy the statutory requirement to define and adopt a formal investment policy as set forth in Section 2256.005 of the Government Code. 9 March 4, 2003 Consider amending the 1999 Consolidated Block Grant Program by reallocating $15,000 to Schlesinger Healthcare Centers to assist with emergency roof repairs Is ~ City of Beaumont *00060 1W_ t17Ljj1 Council Agenda Item M c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing/Grants Coordinator Interim MEETING DATE: March 4, 2003 AGENDA MEMO DATE: February 27, 2003 REQUESTED ACTION: Council consider a request to amend the 1999 Consolidated Block Grant Program by reallocating $15,000 from the Theodore R. Johns, Jr. Library (formerly South End Library) line item ($125,000) to Schlesinger Healthcare Centers to assist with emergency roof repairs. RECOMMENDATION The Administration recommends approval ofa. request to amend the 1999 Consolidated Block Grant Program by reallocating $15,000 from the Theodore R. Johns, Jr. Library line item ($125,000) to Schlesinger Healthcare Centers to assist with emergency roof repairs. BACKGROUND A recent monitoring visit by State health officials noted that needed roof repairs at Schlesinger Healthcare Centers warrant sanctions against the facility if it does not meet substantial compliance by March 2, 2003. The Theodore R. Johns, Jr. Library, which is now complete, received an allocation of $125,000 from the 1999 Consolidated Block Grant and has a balance of $33,612.37 available for reallocation to eligible activities. BUDGETARYIMPACT Funding is available from the 1999 Consolidated Block Grant Program. PREVIOUS ACTION Schlesinger Healthcare Centers received an allocation of $10,000 from the 2002 Consolidated Block Grant Program (R402-078, April 2, 2002), to construct a therapeutic garden at its facility. Schlesinger has requested, and received approval to change the use of the previously allocated funds to assist with the needed roof repairs. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, and Housing Coordinator/interim Grants Administrator. RECOMMENDED MOTION Approve/Deny a request to amend the 1999 Consolidated Block Grant Program by reallocating $15,000 from the Theodore R. Johns, Jr. Library (formerly South End Library) line item ($125,000) to Schlesinger Healthcare Centers to assist with emergency roof repairs. Page 2 IF March 4, 2003 Consider a request to deed the Dick Dowling School site to the Southeast Texas Community Development Corporation, Inc. (SETCDC) to provide affordable housing to low/moderate income families V~ C19ifCity of Beaumont WW_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing/Grants Coordinator Inter MEETING DATE: March 4, 2003 AGENDA MEMO DATE: February 21, 2003 REQUESTED ACTION: Council consider a request to deed the Dick Dowling School site to the Southeast Texas Community Development Corporation, Inc (SETCDC) to provide affordable housing to low/moderate income families. RECOMMENDATION The Administration recommends that City Council authorize the City Manager to deed the Dick Dowling school site to the Southeast Texas Community Development Corporation Inc. (SETCDC) for the construction of 10 new homes. BACKGROUND The City of Beaumont has a contractual relationship with the Southeast Texas Community Development Corporation Inc (SETCDC) to provide homebuyer assistance for newly constructed homes in targeted neighborhoods to low/moderate income families. The Dick Dowling school site will be used to construct 10 new homes. BUDGETARY IMPACT The City's tax base will be increased through the construction of 10 new homes. PREVIOUS ACTION Council has previously authorized deeding City -owned property to CHDO's for the development of affordable housing in neighborhoods targeted for revitalization. Council Agenda Item Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Housing/Grants Coordinator Interim. RECOMMENDED MOTION Approve/Deny a request to deed the Dick Dowling school site to SETCDC to provide affordable housing to low/moderate income families. 15 March 4, 2003 Consider approving a contract between the City of Beaumont and the Southeast Texas Community Development Corporation Inc. (SETCDC) in the amount of $350,000 for construction of 10 new homes at the Dick Dowling school site that will be sold to low/moderate income families :Luej, City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing/Grants Coordinator Inter' MEETING DATE: March 4, 2003 AGENDA MEMO DATE: February 21, 2003 REQUESTED ACTION: Council consider approving a contract between the City of Beaumont and the Southeast Texas Community Development Corporation Inc. (SETCDC) in the amount of $350,000 for construction of 10 new homes at the Dick Dowling school site that will be sold to low/moderate income families. RECOMMENDATION The Administration recommends that City Council authorize the City Manager to execute a contract with the Southeast Texas Community Development Corporation Inc. (SETCDC) in the amount of $350,000 for the construction of 10 new homes at the Dick Dowling site that will be sold to low/moderate income families. BACKGROUND The City of Beaumont has a contractual relationship with the Southeast Texas Community Development Corporation Inc (SETCDC) to provide affordable housing in targeted neighborhoods to low/moderate income families. Assistance will be provided at a cost of up to $35,000 per home. BUDGETARY IMPACT Funding is available from the 2001 HOME Program. PREVIOUS ACTION Council has previously approved a contract with SETCDC for $345,000 using HOME funds which will enable low/moderate income families to purchase new homes constructed in neighborhoods targeted for revitalization. Council Agenda Item Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Housing/Grants Coordinator Interim. RECOMMENDED MOTION Approve/Deny a contract with SETCDC in the amount of $350,000 for the construction of 10 new homes that will be sold to low/moderate income families. 16 March 4, 2003 Consider approving a contract between the City of Beaumont and the Beaumont Community Housing Development Organization (BCHDO) in the amount of $200,000 for construction of 3 new homes that will be leased to low/moderate income families City of Beaumont :UU9� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing/Grants Coordinator Interin* MEETING DATE: March 4, 2003 ``''��" AGENDA MEMO DATE: February 21, 2003 REQUESTED ACTION: Council consider approving a contract between the City of Beaumont and the Beaumont Community Housing Development Organization (BCHDO) in the amount of $200,000 for construction of 3 new homes that will be leased to low/moderate income families. RECOMMENDATION The Administration recommends that City Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization (BCHDO) in the amount of $200,000 for construction of 3 new homes that will be leased to low/moderate income families. BACKGROUND The City of Beaumont has a contractual relationship with the Beaumont Community Housing Development Organization (BCHDO) to provide affordable housing in targeted neighborhoods. Historically, contracts awarded to BCHDO have provided homebuyer assistance for newly constructed homes, which did not allow the CHDO to acquire rental property creating an income stream. The contract for $200,000 will allow BCHDO to construct 3 new homes at 740 Prairie and 760 Prairie which will be leased to low/moderate income families. The contract will provide for costs associated with predevelopment/development, infrastructure and construction on each home. BUDGETARY IMPACT Funding is available from the 2001 HOME Program. PREVIOUS ACTION Council has previously approved contracts with BCHDO using HOME funds which have enabled low/moderate income families to purchase new homes constructed in neighborhoods targeted for revitalization. Council Agenda Item Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Housing/Grants Coordinator Interim. RECOMMENDED MOTION Approve/Deny a contract with Beaumont Community Housing Development Organization in the amount of $200,000 for construction of 3 new homes that will be leased to low/moderate income families. B EAUMONT. TE%AS Citta of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 4, 2003 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments Marilyn Hebert would be reappointed to the Drug Free Beaumont Commission. The current term would expire February 25, 2005. (Councilmember Lulu Smith) Ken Dollinger would be reappointed to the Drug Free Beaumont Commission. The current term would expire February 15, 2005. (Councilmember Guy Goodson) Adrien Hudspeth would be reappointed to the Parks and Recreation Advisory Commission. The current term would expire September 21, 2004. (Councilmember Audwin Samuel) Greg Dykeman would be reappointed to the Planning Commission. The current term would expire January 6, 2006. (Mayor Evelyn M. Lord) Marilyn Hebert would be appointed as Chairman of the Drug Free Beaumont Commission. The term would commence March 4, 2003 and expire March 3, 2004. (Mayor Evelyn M. Lord) Wanda Grimes would be appointed as Vice -Chairman of the Drug Free Beaumont Commission. The term would commence March 4, 2003 and expire March 3, 2004. (Mayor Evelyn M. Lord) Mary Jowers would be reappointed to the Small Business Revolving Loan Fund Advisory Committee. The current term would expire February 1, 2005. (Councilmember Andrew P. Cokinos) A) Approve a contract for the purchase of lubricants B) Approve a water meter reader system upgrade C) Approve an annual contract to purchase fire protective clothing D) Approve a request to deed properties at 740 Prairie and 760 Prairie to Beaumont Community Housing Development Organization (BCHDO) to provide affordable housing to low/moderate income families FA City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: March 4, 2003 AGENDA MEMO DATE: February 25, 2003 REQUESTED ACTION: Council approval of a contract for the purchase of lubricants. RECOMMENDATION Administration recommends award of a six (6) month contract for purchasing lubricants to Sun Coast Resources, Inc. at the unit costs reflected in the attached bid tabulation, with an estimated total expenditure for the contract period of $37,078. KW&1111z1A Council awarded this contract to Fuller Oil Company on December 17, 2002, based upon Fuller's submission of the lowest total bid. The bidder specified a one (1) day delivery time as a component of its bid. Timely delivery of lubricants is critical, as proper maintenance is vital to extending the useful life of City vehicles. The Fleet Maintenance Division has placed two (2) orders with the vendor since the contract was awarded. The first was delivered later than the stated delivery time, but within a period which did not compromise the Fleet Division's existing inventory. The second order was placed on February 6, 2003, and remained undelivered by February 18, 2003. On this date, the City provided the vendor with a 30 day notice of its intent to terminate the contract, as required by bid specifications. The City has received no subsequent correspondence or communication from the vendor.. The next low bidder from the prior bid opening is Sun Coast Resources, Inc., and the company has agreed to honor the prices previously quoted. The sales tax impact formula was applied to the local vendor's bid, but failed to alter the bid standings. Six (6) Month Contract for Lubricants February 25, 2003 Page 2 BUDGETARY IMPACT Funds are available for this expenditure in user Departments' operating budgets. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny award of a six (6) month contract to Sun Coast Resources, Inc. for purchasing lubricants at the unit costs stated in the attached bid tabulation. CITY OF BEAUMONT BID TABULATION FOR LUBRICANTS BID OPENING DATE: NOVEMBER 21, 2002 BID NUMBER: RF1003-07 PREVIOUS CONTRACT PRICING: TRI -CON INC BEAUMONT, TX,, FULLER OIL CO., INC SILSBEE, TX SUN COAST RESOURCES HOUSTON, TX PUMPELLY OIL CO. HOUSTON, TX Unit 1 Est. Qty. Description Unit jTotal Total, Unit I Total Unit Total 5,000 j 15W-40, engine oil (bulk) $3.082 $15,410.00 $3.490 $17,450.00 $3.090 j $15,450.00 1,000 15W-40, engine oil (55 gal drums) $3.680 $3,680.00 $4.180 $4,180.00 $3.610 i $3,610.00 500 30W engine oil (55 gal drums) $3.680 $1,840.00 $4.060 $2,030.00 $3.470 $1,735.00 1,300 Dexron III (qt) $1.0925 $1,420.25 $1.200 $1,560.00 $1.150 $1,495.00' 600 Dexron III (bulk) $3.082 $1,849.20 $3.530 $2,118.00 $3.060 $1,836.00 100 Dexron 111 (55 gal drums) $3.680 $368.00 $4.000 $400.00 $3.580 $358.00 100 Mercon 5 (qt) $1.900 $190.00 $2.400 $240.00 $2.570 $257.00' 2,500 Multi-purpose hydraulic oil (bulk) $3.082 $7,705.00 $2.080 $5,200.00 $3.160 $7,900.00 500 Multi-purpose hydraulic oil (drum) $3.680 $1,840.00 $3.000 $1,500.00 { $3.610 $1,805.00 500 Caterpillar TO -4 comp. hydraulic oil $4.140 $2,070.00 $4.800 $2,400.00 $6.400 $3,200.00 3 Onsite tank usage charge $0.000 $0.00 $0.000 $0:00 $0.000 $0.00 TOTAL BID $36,372.45 $37,078':00' $37,646.00 Manufacturer Phillips 66 Chevron Conoco/service Pro Delivery time One (1 day One (1) day One 1 da PREVIOUS CONTRACT PRICING: TRI -CON INC BEAUMONT, TX,, THOMAS PETROLEUM BEAUMONT, TX Est. Qty. Description Unit 1 Total Unit Total, 5,000 15W-40, engine oil (bulk) $3.4001 $17,000.00 $3.790 $18,950.00 1,000 15W-40, engine oil (55 gal drums) $3.730 $3,730.00 $4.310 $4,310.00 500 30W engine oil (55 gal drums) $3.710 $1,855.00 $5.300 $2,650.00 1,300 Dexron III (qt) $1.280 $1,664.00 $1.3501 $1,755.00 600 Dexron III (bulk) $3.440 $2,064.00', $5.190 $3,114.00 100 Dexron III (55 gal drums) $4.000 $400.00' $5.590 $559.00 100 Mercon 5 (qt) $1.980 $198.00 $2.460 $246.00 2,500 Multi-purpose hydraulic oil (bulk) $2.890 $7,225.00 $2.430 $6,075.00 500 Multi-purpose hydraulic oil (drum) $3.580 $1,790.00 $2.980 $1,490.00' 500 i Caterpillar TO -4 comp. hydraulic oil $4.510 $2,255.00 $6.130 $3,065.00 3 Onsite tank usage charge $0.000 $0.00 $0.000 $0.00 TOTAL BID $38,181.00 $42,214.00 Manufacturer Fina Chevron Delivery time One (1) day One (1) day PREVIOUS CONTRACT PRICING: TRI -CON INC BEAUMONT, TX Est. Qty. Description Unit Total 5,000 15W-40, engine oil (bulk) $3.270 $16,350.00 1,000 15W-40, engine oil (55 gal drums) $3.590 $3,590.00 500 30W engine oil (55 gal drums) $3.550 $1,775.00 1,300' Dexron III (qt) $1.230 $1,599.00 600 Dexron III (bulk) $3.310 $1,986.00 100 Dexron III (55 gal drums) $3.850 $385.00 100 Mercon 5 (qt) $1.900 $190.00 2,500 Multi-purpose h draulic oil bulk ,Y (bulk) $2.780 $6 950.00 , 500 Multi-purpose hydraulic oil (drum) $3.440 $1,720.00 500 Caterpillar TO -4 comp. hydraulic oil $4.340 $2,170.00, 3 Onsite tank usa a char a $0.000 $0.00 TOTAL BID $36,715.00 L: City of Beaumont �EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: March 4, 2003 AGENDA MEMO DATE: February 17, 2003 REQUESTED ACTION: Council consider a water meter reader system upgrade. RECOMMENDATION Administration recommends the award of a contract to Hometown Connections of Arvada, Colorado to upgrade the City's water meter reader system for $43,855. BACKGROUND The water meter reader system provides the process that captures the water meter readings and docks the data for uploading into the water billing software application for bill processing. The Water Department currently uses Itron's Enterprise 5000 Meter Reading System with Itron's FS2 handheld meter reading units. Itron will discontinue support for the Enterprise software in June 2003, followed shortly by discontinuation of support for the Enterprise hardware in 2005. For this reason, an upgrade of the current system to Itron's MV -RS Meter Reading System, featuring Itron's G5 handheld meter reading units is required. The MV -RS system upgrade includes the necessary software interface between the new meter reading system and the City's current billing system, as well as onsite installation and staff training. Bids were solicited from six (6) authorized Itron distributors. Five (5) vendors submitted bids as detailed in the attached Bid Tabulation. Hometown Connections of Arvada, Colorado submitted the lowest bid of $43,855, which includes a travel expense allowance that shall not exceed $1,500. Their references indicate they provide excellent service and support during and after the installation of their systems. BUDGETARY IMPACT Funds are available in the Water Fund. Water Meter Reader System Upgrade February 17, 2003 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, Public Works Director, and Finance Director. RECOMMENDED ACTION Approve/Deny the award of a contract to Hometown Connections of Arvada, Colorado to upgrade the City's water meter reader system for $43,855. Water Meter Reader System Upgrade February 17, 2003 Page 3 BID TABULATION WATER METER READER SYSTEM UPGRADE DESCRIPTION Hometown Connections, Arvada, CO I US Metering & Tech., Rockdale, TX Software Installed, Lutz, FL Southeastern Data, Tucker, GA Badger Meter, hie., Milwaukee, WI Twelve (12) G5 Handheld Meter Readers $29,460.00 $34,440.00 $31,200.00 $34,500.00 $36,540.00 Eight (8) Charging Cradles (POD) $3,480.00 $3,560.00 $3,560.00 $3,560.00 $3,960.00 Three (3) Power Supplies $300.00 $300.00 $300.00 $300.00 $300.00 One (1) POD Cradle Cable to PC $15.00 $15.00 $15.00 $60.00' $15.00 MV -RS System Software License $6,100.00 $8,000.00 $10,000.00 $8,500.00 $6,478.00 Implementation Training Services $3,000.00 $1,800.00 $3,750.001 $3,600.00 $3,750.00 Travel Allowance - Not to Exceed: $1,500.00 $0.00 $1,000.001 $0.00 $0.00 TOTAL: $43,855.00 $48,115.00 $49,825.00 $50,520.00 $51,043.00 c ' City of Beaumont qw- Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: March 4, 2003 AGENDA MEMO DATE: February 17, 2003 REQUESTED ACTION: Council consideration of an annual contract to purchase fire protective clothing. RECOMMENDATION Administration recommends the award of an annual contract to Casco Industries of Pasadena, Texas, to furnish approximately forty (40) sets of fire protective clothing for the Beaumont Fire Department. BACKGROUND The clothing is made of fire retardant materials to provide protection from burns and exposure to hazardous chemicals during fire fighting operations. The Fire Department has wear tested several brands of protective clothing and has determined that the traditional style made by Globe Manufacturing offers the greatest ease of movement while supplying the greatest amount of protection to firefighters. Globe's traditional style features an "action back" which consists of inverted pleats and underarm gussets that enhance mobility and freedom of movement. All of the protective clothing sets currently issued to Beaumont Fire Department firefighters are Globe brand. Forty (40) sets of Globe protective clothing were purchased last budget year totaling $46,840. Bids were solicited from three (3) authorized Globe distributors. One (1) bid was received as follows: Vendor Brand Qty. Pant & Coat Suspenders Total Casco Industries Pasadena, TX Globe 40 $1,222/set $31/set $50,120 Purchase of Fire Protective Clothing February 17, 2003 Page 2 BUDGETARY IMPACT Funds are available in the Fire Department's operating budget. The approximate expenditure is $50,120. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Fire Chief. RECOMMENDED ACTION Approve/Deny the award of an annual contract to Casco Industries to purchase approximately forty (40) sets of fire protective clothing at the prices stated with the option to purchase additional clothing as needed for one (1) year. plead ij City of Beaumont � Council Agenda Item c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing/Grants Coordinator Interi MEETING DATE: March 4, 2003 AGENDA MEMO DATE: February 21, 2003 REQUESTED ACTION: Council consider a request to deed properties at 740 Prairie and 760 Prairie to Beaumont Community Housing Development Organization (BCHDO) to provide affordable housing to low/moderate income families. RECOMMENDATION The Administration recommends that City Council authorize the City Manager to deed properties at 740 Prairie (Fairview L9 L10 B4) and 760 Prairie (Fairview Ll B4) to the Beaumont Community Housing Development Organization (BCHDO) for the construction of 3 new homes. BACKGROUND The City of Beaumont has a contractual relationship with the Beaumont Community Housing Development Organization (BCHDO) to provide affordable housing in targeted neighborhoods. BUDGETARY IMPACT The City's tax base will be increased through the construction of three new homes. PREVIOUS ACTION Council has previously authorized deeding city -owned property to CHDO's for the development of affordable housing in neighborhoods targeted for revitalization. Council Agenda Item Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Housing/Grants Coordinator Interim. RECOMMENDED MOTION Approve/Deny a request to deed properties at 740 Prairie and 760 Prairie to BCHDO to provide affordable housing to low/moderate income families.