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Home My WebLink AboutPACKET MARCH 25 2003 City of Beautrwnt REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 25, 2003 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 5 and 6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a zone change from RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a fence contractor at 8105 Highway 105 2. Consider approving a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) and GC-MD (General Commercial-Multiple Family Dwelling) to HI (Heavy Industrial) District for the property located between Irving and St. Anthony and between McGovern and Schwarner Street 3. Consider approving a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District at 1685 Park Street 4. Consider approving a specific use permit to allow a child care facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4195 Treadway 5. Consider approving a request to abandon a 60'x 100' section of Van Buren Avenue right-of-way at Holly Street 6. Consider approving a request to abandon an un-named and undeveloped 60' x 314.54'portion of street right-of-way located approximately 540' west of N. Major Drive, south of the LNVA Canal PUBLIC HEARING: Proposed amendments to Chapter 13 of the Code of Ordinances relating to Junk Motor Vehicles, Weed Control and Litter Control 7. Consider approving amendments to Chapter 13 of the Code of Ordinances relating to Junk Motor Vehicles, Weed Control and Litter Control 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: TJC Investments Small Business Revolving Loan Default Claim of Hubert Howard Wilford Richard v City of Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 March 25,2003 Consider approving a zone change from RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow a fence contractor at 8105 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 25, 2003 AGENDA MEMO DATE: March 18, 2003 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow a fence contractor at 8105 Highway 105. RECOMMENDATION The Administration recommends denial of the zone change from RS to GC-MD-2 District and a specific use permit to allow a fence contractor at 8105 Highway 105. BACKGROUND Dave Johnson,the property owner and applicant, is requesting a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a fence contractor. The property is located at 8105 Highway 105. Mr. Johnson was cited, after a citizen complaint, in January, 2003 for having a business owner identification sign in an RS District. Once contacted, Mr. Johnson stated that the sign was erected in March, 1993. He writes that the reason for this zone change and specific use permit request is for the sole purpose of displaying his sign at the front of his property. Mr. Johnson says that the only business activity that is conducted from his residence is speaking with customers on the telephone. This zone change could be considered spot zoning. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing with City Council held March 17, 2003,the Planning Commission voted 8:0 to deny the request for a zone change from RS to GC-MD-2 District and a specific use permit to allow a fence contractor at 8105 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-2 District and a specific use permit to allow a fence contractor at 8105 Highway 105. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT, LOCATED AT 8105 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) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District, located at 8105 Highway 105, being Lot 37, Neches Terrace Subdivision, City of Beaumont, Jefferson County, Texas, containing 0.728 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 25th day of March, 2003. - Mayor Evelyn M. Lord - 17 FILE 1660-Z/P: Request for zone change from RS (Residential Single Family NORTH '\`�� Dwelling) to GC-MD-2 (General Commercial - Multiple Family Dwelling-2) District and an specific use permit to allow a fence contractor. Location: 8105 Highway 105 SCALE Applicant: David M. Johnson 1"=200' S i tJ RM- M RS 'WAY. ios HIGHWAY 105 Do AV SUBJECT H q " 49 � q � N � f! ♦l f RD TOUVAR RD. ,o T70 ., Z b d V b n b nd J zn o f % b W e e EXHIBIT "A" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FENCE CONTRACTOR IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT 8105 HIGHWAY 105 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Dave Johnson to allow a fence contractor in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 8105 Highway 105, being Lot 37, Neches Terrace Subdivision, City of Beaumont, Jefferson County, Texas, containing 0.728 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a fence contractor in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 8105 Highway 105, being Lot 37, Neches Terrace Subdivision, City of Beaumont, Jefferson County, Texas, containing 0.728 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Dave Johnson, his legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of March, 2003. - Mayor Evelyn M. Lord - FILE 1660-Z/P: Request for zone change from RS (Residential Single Family NORTH \�� Dwelling) to GC-MD-2 (General Commercial - Multiple Family Dwelling-2) District and an specific use permit to allow a fence contractor. Location: 8105 Highway 105 SCALE Applicant: David M. Johnson 1"=200' i RM-M RS JWAY_ /01 HIGHWAY 105 SUBJECT j No 19 i H 17 If I1 H I! IL I,- 40 I !/ 59 !0 31 RD TOLIVAR RD. e 710 b _ �� J n 2i n J _J n �• U 5 °o W °o T EXHIBIT "A" ri I':j r-1 v v' t FWD. L9 Aq* 44' 06 F 1 00 LA METER METER I 11 � , , V'- DANIEL EASLEY SURVEY 1 5W.TE ABSTRACT No. 20 Z 23..0 ftri NECH-P'S TERRACE SUBDIVISION JEFFERSON COUNTY, TEXAS COVERED CONC DO&AD 20 PORCH FLNCC 6 0.727 ACRE Ot FRO. M-CE NO COW rr �Nc LA NOW".KFR N 89* 48' 43- W 100.00-�-- N E!9* 48' 43" W .i5 34.S01 TOLIVAR ROAD SURVEYORS CERTIFICATE A PLAT OF A 0,727 ACRE TRACT OF LAND OUT OF AND A PART OF THE NICHES TERRACE SUBDIVISION IN THE DANIEL EASLEY SURVEY, ABSTRACT No. 20 IN JEFFERSON COUNTY, TEXAS, SAME ALSO BEING THE TRACT OF LAND CONVEYED TO JOHN PATRICK DOUGHER IN DEED RECORDED IN FILM FILE CODE NO,102-21-1092 OF THE REAL PROPERTY RECORDS OF JEFFERSON COUNTY, TEXAS, SHOWING ALL IMPROVEMENTS LOCATED THEREON AND HAVING NO VISIBLE ENCROACHMENTS AT THE TIME THIS TRACT WAS SURVEYED UNDER MY DIRECTION AND SUPERVISION. THIS TRACT WAS SURVEYED JANUARY 16, 1995- 0 - A ES A. SKINNER 5 rj* R. P. L. S. No. 1614 *-.JAMES A. SKINNER ................ PURCHASER: 1614 DAVID M. JOHNSON .7 .%.*,it 1.f�� B105 HIGHWAY 105 41 BEAUMONT, TEXAS 777I3 U ft GF• 95072966 EXHIBIT "B" 2 March 25,2003 Consider approving a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) and GC-MD (General Commercial-Multiple Family Dwelling) to HI (Heavy Industrial) District for the property located between Irving and St. Anthony and between McGovern and Schwarner Street City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 25, 2003 AGENDA MEMO DATE: March 18, 2003 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) and GC-MD (General Commercial-Multiple Family Dwelling)to HI(Heavy Industrial)District for the property located between Irving and St.Anthony and between McGovern and Schwarner Street. RECOMMENDATION The Administration recommends denial of the request for a zone change from RM-H and GC-MD to HI District for the property located between Irving and St. Anthony and between McGovern and Schwamer Street, but allow the applicant to resubmit a different application within 12 months. BACKGROUND Modern,Inc. is requesting a zone change to Heavy Industrial for all of its properties in the Charlton- Pollard neighborhood. In January,2003,Modern,Inc. applied for a zone change to GC-MD for Lots 20-22,Block 1,Minter Addition. The property was to be used for employee parking. At that time, staff recommended denial because the existing and proposed use of those lots would be in support and part of an existing nonconforming industrial use. Staff also stated that the use would not be permitted in GC-MD. For it to be legal, the property needed to be zoned LI(Light Industrial)with a specific use permit or HI (Heavy Industrial). No action was taken due to lack of a quorum of the Planning Commission. Lloyd Koehnen, representing Modern, later met with the Planning Manager to discuss Modern's options. Modern then decided to apply for HI for all the property that it owns in Charlton-Pollard so that it would be a permitted use. Modern, Inc. has been located on Irving and Tilson for approximately 42 years. The company manufactures tractor powered implements and other metal products. The plant on Irving extends west to Tilson and St. Anthony and from Schwamer to McGovern and contains just over 3 acres of land area. This area of Beaumont was originally zoned C-1 in 1955. The C-1 was converted to GC-MD with adoption of the 1981 zoning ordinance. The RM-H designation of some of Modern's property and also of most of the residentially zoned areas along either side of Irving Street was the result of rezoning studies and changes over the years. The commercial zoning along Irving remained in place. Modern, I nc. i s a in anufacturing c oncern a rid, a s s uch, i s an industrial u se. A s earch o f c ity directories seems to indicate the firm began an operation at 1901 Tilson around 1960 and expanded over the years. Again,Modern,Inc. at the Tilson and Irving Street location is a nonconforming use. Under Section 30-30, "Nonconforming Buildings, Structures and Uses of the Land", regulations explain and discuss various aspects of the nonconforming uses of land. There are several limitations on nonconforming uses and few exemptions. It is questionable whether or not the existing plant operations are a lawful nonconforming use since information leads staff to believe that Modern,Inc. began manufacturing at the site after the area was originally zoned C-1 in 1955. - For the use to be conforming, the property where the plant is located should be industrially zoned. Rezoning the property to LI or HI could constitute 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 Charlton-Pollard as a Conservation and Revitalization Area. As such,actions are needed to prevent further negative influences from incompatible land uses. The Charlton-Pollard Neighborhood Plan designates this area as a medium/high density residential area. The requested zone change would not be in compliance with the neighborhood plan. 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 zoned in a way that is substantially inconsistent with the zoning of the surrounding area, whether more or less restrictive, are likely to be invalid. Modern, Inc. and residences have co-existed side-by-side in the Charlton-Pollard neighborhood for many years. However, the neighborhood, with the help of the City and others, has been making an effort to revitalize the area for the last 10-15 years. To rezone this property to HI would have a detrimental effect on this neighborhood revitalization effort. Uses permitted in the HI District would be incompatible with the surrounding residential uses and the nearby park. 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 size and shape of the property would allow for medium/high density residential uses. 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? Other uses permitted in the HI District could be detrimental to the public health and safety of the residents in the Charlton-Pollard neighborhood. These issues,as outlined,are to be considered by the Planning Commission and City Council before a determination of spot zoning can be made. In 1995,City Council denied a request for a zone change from RM-H to GC-MD for Lot 10, Block 1,Minter Addition. Modern Manufacturing had requested this zone change in order to use the property for storage. The City recognizes that Modern, Inc. is a good corporate citizen and is a valuable income source for the neighborhood. However, does this zone change comply with the long-range goals for the neighborhood? BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing with City Council held March 17,2003,the Planning Commission voted 8:0 to deny the request for a zone change from RM-H and GC-MD to HI District for the property located between Irving and St.Anthony and between McGovern and Schwarner Street,but allow the applicant to resubmit a different application within 12 months. 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 RM-H and GC-MD to HI District for the property located between Irving and St.Anthony and between McGovern and Schwamer Street,but allow the applicant to resubmit a different application within 12 months. PA Manufacturers of Quality Farm Equipment and Parts for Almost a Half Century Headquarters For All After-Market Parts February 3, 2003 Modern Inc. employs approximately 60 persons at the Tilson facility with an average weekly payroll of S40,000. The manufacturing plant has been at Tilson and Irving streets for more than 40 years. In 1981 this area was zoned GC-MD and Modern was no longer in compliance to the new designation, Modern has always had a parking problem for the employees. The solution was to purchase three adjoining lots for parking. The three lots are zoned RM-H and parking on them is a violation of the code. Modern'is not asking to expand the physical plant, but would like to have the area listed zoned back to Hbtff INDUSTRIAL to bring this plant into legal compliance. raO-A%;Lf Modern has been a good neighbor, employing many local residents. Modern is a corporate sponsor of Dunbar Elementary, donating S 100 weekly for Saturday meals when classes are in session. Modern has donated a bumper pull trailer and a gooseneck trailer to the Beaumont Police to be used to haul away torn down crack houses. Modern has employees pick up litter in the area twice a week. Once a month the litter is picked up around the Dunbar School. We think Modern has been an asset to Beaumont and wish to continue to do so. Sincerely, f� Lloyd Koehnei4 MEMBER OF THE MODERN GROUP/CORPORATE OFFICE Express Mail: 1655 Louisiana, Beaumont,Texas 77701 • Regular Mail: P.O.Box 790, Beaumont,Texas 77704 (409) 833-2665 • 1-800-231-8198 • FAX (409) 833-3170 • email: sales @modernusa.com ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT AND GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT TO HI (HEAVY INDUSTRIAL) DISTRICT FOR THE PROPERTY LOCATED BETWEEN IRVING AND ST. ANTHONY AND BETWEEN MCGOVERN AND SCHWARNER STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 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 RM-H(Residential Multiple Family Dwelling-Highest Density) District and GC-MD (General Commercial-Multiple Family Dwelling) District to HI (Heavy Industrial) District for the property located between Irving and St. Anthony and between McGovern and Schwarner Street, being, Lots 17-22, Block 1, Minter Addition, Lots 3-14, Adj. alley, Tracts A-D of abandoned Tilson St. and Tracts A and B, Block 1, Minter Addition and Plat J, Tract 22, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 3.39 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 25th day of March, 2003. - Mayor Evelyn M. Lord - FILE 1657-Z: Request for a from RM-H (Residential Multiple Family Dwelling - High NORTH Density) and GC-MD (General Commercial - Multiple Family Dwelling) to HI (Heavy Industriai)District or a more restrictive District. Location: Approximately between Irving and St. Anthony and between McGovern SCALE s and Schwarner. 1"=200' Applicant: Modern, Inc. At/ I.F •v • t f r♦ b — - a � a a „ ..✓ Ir,r;�a .a ��/rl? ti r• 1=�u --�pJO r/ !T ' ,a. � :c•s \.v \rco ems" 1 .�I r /,. i. sv .,,,v JACKSON ST. Q 't0 26 Z5 j i,t Cn �\ h H; ♦ Q � � •f so U Q n SCHaW 9NEa ! ST �� J SCHWARNER ST. 0 _ 1 SU BJ `•y -� /� OED• .-:L. r .y !C`'lc�,{ , DEVILLENEI McGOVERN ST. , o• H' o \�. i I �� yGQR►' •— _JI" �E: t "••r :Et _'1 MARY ST_ — z _ _ \ • �� I GRANT I t •' •� `� F i � N Cr ! _ !,,. . _ .o_ _ _ 1, ( � `ice � I • ' NEICY ST. SHIRMJN VA 4 � -'- -"--- - iCe3 i,+l ! i • J : i ! � N :� v s f rt rt i i I �, s ` — // ,'t I! /! /f �!T= -.–_ •. �, ! rI ' to H at o �/^ t � ' �_.�I �_ •mod r ••� I I EXHIBIT "A" 3 March 25,2003 Consider approving a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District at 1685 Park Street ti 79JJ City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 25, 2003 AGENDA MEMO DATE: March 18, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a funeral home in an RCR(Residential Conservation and Revitalization) District at 1685 Park Street. RECOMMENDATION The Administration recommends approval of the request for a specific use permit to allow a funeral home in an RCR District at 1685 Park Street, subject to revising the parking lots to allow for the required 6' landscape strips along the parking lot perimeters on Craig, Pennsylvania and Royal, construction of the proposed parking lots prior to the issuance of a certificate of occupancy and with a modification to the screening requirement along the property line with the residential structure at the corner of Pennsylvania and Royal. BACKGROUND Augustus Funeral Home, Inc. wishes to utilize the vacant structure at 1685 Park as a funeral home. This property is the former site of the Carroll-Wallace Funeral Home. In 1996,the Carroll-Wallace Funeral Home relocated. A church was given a specific use permit to operate at this location in 1997. That church has since moved. In 1999, a specific use permit was given to operate another funeral home. The funeral home failed to materialize. A specific use permit and an extension of that specific use permit were granted in 2000 and 2002,respectively, for a rental hall for weddings, receptions,parties, etc. The site plan for the current application is exactly the same as that of the request for the rental hall. Parking for the facility is proposed for the rear of the facility and on a lot to the north of the building. Approval for the rental hall included a modification to the screening requirements along the boundary with the residential use at the corner of Pennsylvania and Royal. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing with City Council held March 17, 2003,the Planning Commission voted 8:0 to approve the request for a specific use permit to allow a funeral home in an RCR District at 1685 Park Street, subject to revising the parking lots to allow for the required 6' landscape strips along the parking lot perimeters on Craig, Pennsylvania and Royal, construction of the proposed parking lots prior to the issuance of a certificate of occupancy and with a modification to the screening requirement along the property line with the residential structure at the corner of Pennsylvania and Royal. 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 funeral home in an RCR District at 1685 Park Street,subject to revising the parking lots to allow for the required 6'landscape strips along the parking lot perimeters on Craig,Pennsylvania and Royal,construction of the proposed parking lots prior to the issuance of a certificate of occupancy and with a modification to the screening requirement along the property line with the residential structure at the corner of Pennsylvania and Royal. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FUNERAL HOME IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 1685 PARK STREET 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 Michael Augustus, to allow a funeral home in an RCR (Residential Conservation and Revitalization) District located at 1685 Park Street, being Lot 2, E 17' of Lot 3, Lots 6-10, Block 8, Jersey Farm Addition, City of Beaumont, Jefferson County, Texas, containing 1.20 acres, more or less, as shown on Exhibit"A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District located at 1685 Park Street, being Lot 2, E 17' of Lot 3, Lots 6-10, Block 8, Jersey Farm Addition, City of Beaumont, Jefferson County, Texas, containing 1.20 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Michael Augustus, his legal representatives, successors and assigns, subject to the following conditions: ► Revision of the parking lots to allow for the required 6' landscape strips along the parking lot perimeters on Craig, Pennsylvania and Royal. ► Construction of the proposed parking lots prior to the issuance of a certificate of occupancy. ► Modification to the screening requirement along the property line with the residential structure at the corner of Pennsylvania and Royal. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of March, 2003. - Mayor Evelyn M. Lord - FILE 1659-P: Request for a specific use permit to allow a funeral home in an RCR NORTH (Residential Conservation Revitalization) District. �'� Location: 1685 Park A 9` Applicant: Michael Augustus SCALE i; I"=200' J� r t+l; JOE 8 � 6 ~ t � —�° " ' jig A.9 47 Ato $ a/ - s 111 1 l -AA f B It O ♦ J{ � ! �/♦ � �r T L AYE i a s<t r._:nf vr♦. !riK , lbIVT AON ",tww _ __-- --_—. _,,._...,_„_ ..�- • .�• — — EMMETT AVE.--T'---��r�ivro M rMS - •:� ♦ 1 l! I tl I It ` Z47\ ~ is If j IS /l It !!. / Jr re tLr 4AGH4 j f.• `E,:— f.• CA CN4 AM r M LANGHAM AVE. ` .n Oc , •o cc ra I w � a l! A. •,C � � � .. \1(I I! !! i !I !7 !t '3I N f, H ( t t !� - 8 I ------ ,�fl 6117 I♦ I! !! of IOC !♦ ! !! tl 1/ !O � � w Il• t M rV a.• ! . ,ROM I sr � - I � + ROYAL ST. M o o a.. •o eo ar e.r -� - bo // ,! Y to n /0 ,♦ �! ,r n 9 ,v I! N t Q ASS. Al I` 0 \ / Z Q s I k Li = Z se R4/G S U U ECT Z wn �•� Z 7 110 C4 W s� l oo CRAIG ST. -% 4� 0- AeO C , t 6o PU 7 6 •.r u j EXHIBIT "A” CRAIG STREET w 1 tl j ! r>usrpc e QQQ n [trwr MUM y[\ <7 FAV W O ' • . �� I StURY I UUSr4G I i srwr r pu"dppG > wapplc ' Y EC m �\0 Q • • O • • . W. ; W'rA.U,tAp In r[. I ur r t!!YYZZZ-l'l'[ � 6 1 E�0 • O 0 .� O • . O e PRUPOSEU PARKING LOT ; ITM ®mac �1 t m m —�- o • ' , 1 trar , U xmnpac , o L � — — C e • — ��, \ • *Approval subject to revising the parking lots to allow for the required 6' landscape strips along the parking lot perimeters /✓ \ ' on ra' C �Ig, Pennsylvania and Royal,construction of the proposed parking lots prior to the issuance of a certificate of occupancy and with a modification to the screening requirement along the e � property line with the residential structure at the corner of m IN\ a Pennsylvania and Royal. _ / EU CU -- - -- r SITE F'L A[1 _—_----_—_ _ SIiC It NI plvCl NU 00110.ASSp]lIC3 ♦P,W404 00HAATN[T Ip?O N. 4T.[I[NJ11pNf TdA7 [K1—:7..Il 11ctt--� (app)63l-57p7 O 4 March 25,2003 Consider approving a specific use permit to allow a child care facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4195 Treadway C1 -I.: City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 25, 2003 AGENDA MEMO DATE: March 18, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a child care facility in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 4195 Treadway. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a child care facility in an RM-H District at 4195 Treadway, subject to any detached owner identification sign shall be a monument sign and with a modification to the landscaping/screening requirements along the south and west sides of the property. BACKGROUND Chad Cross, the owner of All About Kids Daycare Center, is requesting a specific use permit to allow the relocation of the daycare center to 4195 Treadway. He is currently located at 5545B Eastex Freeway where 110 children are enrolled. That location is in a commercial building in close proximity to the freeway and with limited outside playing areas. The new location will be licensed for 200+children. The ages of the children kept will be from six weeks to thirteen years of age. Hours of operation will be 6:00 a.m. to 7:00 p.m., Monday through Friday. The building will be 11,700 sq. ft. in size. A 40' x 90' portion of the building will be a gymnasium with a 26 foot roof line. Mr.Cross is requesting a waiver of the landscaping/screening requirements along the south and west sides of the property. Most of this area will be playground area for the children. The south side of the property has a 6' tall wood screening fence dividing the apartments to the south. Mr. Cross intends to construct a 6'tall wood screening fence along the west side of the subject property. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing with City Council held March 17, 2003,the Planning Commission voted 8:0 to approve a specific use permit to allow a child care facility in an RM-H District at 4195 Treadway, subject to any detached owner identification sign shall be a monument sign and with a modification to t he 1 andscaping/screening r equirements a long t he s outh a nd w est s ides o f t he property. 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 child care facility in an RM-H District at 4195 Treadway, subject to any detached owner identification sign shall be a monument sign and with a modification to the landscaping/screening requirements along the south and west sides of the property. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHILD CARE FACILITY IN AN RMH (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 4195 TREADWAY 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 Chad Cross to allow a child care facility in an RMH (Residential Multiple Family Dwelling-Highest Density) District located at 4195 Treadway, being Tract 94, Plat D-23, F. Bigner Survey, City of Beaumont, Jefferson County,Texas, containing 1.69 acres, more or less as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to a allow a child care facility in an RMH (Residential Multiple Family Dwelling-Highest Density) District located at 4195 Treadway, being Tract 94, Plat D-23, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 1.69 acres, more or less as shown on Exhibit "A" attached hereto, attached hereto, is hereby granted to Chad Cross, his legal representatives, successors and assigns, subject to the following conditions: ► Any detached owner identification sign shall be a monument sign. ► Modification to the landscaping/screening requirements along the south and west sides of the property. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of March, 2003. - Mayor Evelyn M. Lord - FILE 1662-P: Request for a specific use permit to allow a child care facility in an area NORTH zoned RM-H (Residential Multiple Family Dwelling - High Density). f Location: 4195 Treadway Applicant: Chad Cross SCALE 1"=200' r� \0� COLLIER RD. f " • 9t Y n^ � :5 / UB z i O-I7 RMH E a� - { f � b ' „n R'n S ---..; =- - -- — - EXHIBIT «A» r y f 7 -Z) 1� r 6 ✓ Pro v SC' I ZY' v= s 0 001 w N —2 q'— AP D tJ 5 cr� Approval subject to any detached owner identification sign shall he a monument sign and with a modification to the landscaping/screening requirements along the soutli l and west sides of the property. O = Pfop�sed L �M"f:.,y j-- ��'C S 2�_ `I rat� ��ic 1<<f� 1.��.�.� c.)c.�5 Tr^ 7rasl,/0�,�,F��I�r. per-( 31 oaf L,-,5 Pla�c, �;,�f,.<<r�f Z 1�a.t�;�•pP�; o 5 March 25,2003 Consider approving a request to abandon a 60'x 100'section of Van Buren Avenue right-of-way at Holly Street ne City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 25, 2003 AGENDA MEMO DATE: March 18, 2003 REQUESTED ACTION: Council consider a request to abandon a 60' x 100' section of Van Buren Avenue right-of-way at Holly Street. RECOMMENDATION The Administration recommends approval of the request to abandon a 60' x 100' section of Van Buren Avenue right-of-way at Holly Street. BACKGROUND ExxonMobil Corporation is requesting an abandonment of the most westerly 60' x 100' section of Van Buren Avenue at Holly Street. The reason for abandoning this portion of Van Buren is for the future upgrading and expansion of an existing power facility. ExxonMobil owns all the property south of Doucette and east of Holly Street. In March, 1999, City Council approved the abandonment of Grove Street from Doucette to Van Buren, Madison Avenue from Grove to Holly, Van Buren Avenue from Grove to the eastern edge of the subject request and two alleys between Grove and Holly. This item was sent to all interested parties. No negative responses were received. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held March 17,2003,the Planning Commission voted 5:0:1 to approve the request to abandon a 60' x 100' section of Van Buren Avenue right-of-way at Holly 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 a 60'x 1 00'section of Van Buren Avenue right-of-way at Holly Street. CLIENT: EXXC%VO31_ OiL COR:-OPA7CN 5C 50 E X H I B I T "B" v h C- VVIA� ^:ln � ABANDONED DRDi49-22 c-,c 4 i.�..�`.;I\ .H v— �� — MARC- 23. ?999 C P I / I I FOUND 1/2 FCUND 1/2 FOU AG IRON PIPE IRON PIPE l 1/ W o w ^� i !AB�NDRCH 2 OP 949- 22 n N D f 16 1 3 i 1 4 13 1 12 F'. NC i ^I OUND 5/8-' IRON ROD- ! I I 0 50 50 5C A i FOUND 3/4"- N o o ABANDONED ORD#99-22 � � 1 CLOSED 4; IRON P'PE J MARCH 23. 1999 1 I (CRC 66-2 1 ga jc LINE DATA TRACT I—A 'NUMBER iDMECT10N TD15T ^ III F0JND 314- L! IS CI-04'46" W 465 r IRON PIPE TRACT 1—A 2 is 00,03.0"` w �zc.o ' LAS 122''27' W 1205.12' 60' x 10C' PORTION OF L4 IS 22.51'03" 146.36 VAN BUREN AVENUE L5 IS 28'59'30" w 145.73- FOUND 1 0.1377 ACRES, OR 6,000•SC. FT. L6 Is 32'51'12" W 46.79' IRON TO BE ABANDONED BY THE CITY L7 S 3637'19" w 46.75' CF BEAUMONT. LS N 89.48'05" W 9.16' L9 S 09'41'37" w 206.44 ti UO 5 805334 W 605.86' Llt IN 00-02'34" E 1459.70' L12 IN 00'01'24" W 59.92' I L13 N 00-0640•• W 300.36' I 214 N 00114'31" E 59.71' L15 N 00.06'36" W 265.33' Lib N 89.56'56" E 461.29' _ - S 89.56'59" E 1327.98' MOBIL OIL CORPORATION TRACT III CLERKS FILE NO. 9842565, O.P.R.R.P.J.C. I I se NOW OR FORMERLY TEXARKANA & FORT SMITH RAILRO =aJND 3/4' too 0 100 200 300 FINNIS ST. & G.A. BURT SP ' IRON PIPE FOUND 3/4' RIGHT—OF—WAY OR EAS^ NT IRON PIP` Scale 1" = 100' VOL. 3 PGS. 29-30 R.J.C. 50 W OR FORMERI`YRAI`�ROAD Np FORT SMITH ENT 7 8j L10 TSXARKAN' WAY OR F1B �MR•J•C' 00 V0� 77 PGS. FOUND ?' IRON PIPE DESCRIPTION of SERVICES REQUESTED: PREPARE TRACT 1—A FOR RIGHT—OF—WAY ABANDONMENT I SURVEYCR'S CERTIFICA71ON: I DO HEREBY CERP=Y, TC THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ON THE GP,OUND UNDER MY SUPERVISION, AS OF JANUARY. 2002 ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 60' X 100' SECTION OF VAN BUREN AVENUE RIGHT-OF-WAY AT HOLLY STREET IN CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT a 60' x 100' section of Van Buren Avenue right-of-way at Holly Street, beginning at the east right-of-way line of Holly Street and extending 100' east to a point perpendicular to and parallel with the southeast corner of Lot 15, Block 15, Oakwood Addition, City of Beaumont, Jefferson County, Texas, containing 0.137 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same are hereby abandoned. 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 25th day of March, 2003. - Mayor Evelyn M. Lord - ac !c } ro FILE 644-OB: Request to abandon a 60' a 100' section of Van Buren Avenue right-of- NORTH way at Holly Street. - `O Applicant: Exxon Mobil Corporation g SCALE 111=200' h It !! � r0 I� 1� U � 4 i I o r t r ! d t t� -_ I f 11 tr x • , 11 f � r r r t�! Ii 1 l f , I t i I ` ! r... t I i K i II JI 15 '� 14 1! It 7 !! b f N rJ !r I "I I 1 AYE JO 3 a ybvndOnr „ine rS. .1.16 30 /4 � � i ; 1 j •I I 1 0 • $ld Jt i k a /1 Jl .o ti A0 ►° II I i I AVE_ xi _ I . . oe ,J-. - M�y� /.SW 50 SUBJECT l6 s G-3 tt1 ' /.Ill j i I - -1 EXHIBIT "All 6 March 25, 2003 Consider approving a request to abandon an un-named and undeveloped 60' x 314.54' portion of street right-of-way located approximately 540'west of N. Major Drive, south of the LNVA Canal City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 25, 2003 AGENDA MEMO DATE: March 18, 2003 REQUESTED ACTION: Council consider a request to abandon an un-named and undeveloped 60'x 314.54'portion of street right-of-way located approximately 540'west ofN.Major Drive,south of the LNVA Canal. RECOMMENDATION The Administration recommends approval of the request to abandon an un-named and undeveloped 60'x 314.54'portion of street right-of-way located approximately 540'west ofN.Major Drive,south of the LNVA Canal. BACKGROUND Douglas Barlow and John Binks, the owners of the property on either side of the right-of-way, are requesting the abandonment of a 60'x 314.54'portion of an un-named street right-of-way. In September,2000,the City Council voted to approve a zone change to RM-H for a 7.369 acre tract of land west of N.Major Drive. Mr.Barlow and Mr.Binks have the property under contract for sale to an apartment developer. This right-of-way was never developed. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held March 17, 2003, the Planning Commission voted 6:0 to approve the request to abandon an un-named and undeveloped 60'x 314.54'portion of street right-of-way located approximately 540'west of N. Major Drive, south of the LNVA Canal. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to abandon an un-named and undeveloped 60' x 314.54' portion of street right-of-way located approximately 540'west of N. Major Drive, south of the LNVA Canal. • 1 M wwt$O a " q�p��y�,lt w unm ILI�FR t�rinr ar.b,doerr.� I1V � � 1 p ,,,,, M ♦aa W!aaur LOT 3 RC�uGt s tl�lf3T^ o war 11011 a rMeaLY Sc�, I1a11 s a R r•'V Muo IlAwl i IN7f1fO0C AT 7-0 vm-2339 W- 9".ta y 1 L.01 ai a o v r + ( Su 13JEc r FRp PEwr y .. 0 7.350 AIRES o�C J Lor 3 OT 13 • a LOT Z Tait m F111raRt J*M r*'oommIf i 9 tllM RAR f VOL. Im m IM im 1 R1µ4.1 4C va. 1»t 1a aM Now n+ OW Ron it'alm. yd+�1wM.aM�.�r ww"Mara .ys/a�l�t�to�lr�s EMI aT r�rx11�A�Y�Od�•ti�IA MM / /1,r� • !1 moo/"M FR M 1q mm" LOT 9 ►[wm lulr W"wwr w twM■M SOT a .r wsdomm"dt . 1 I w _ � N�b M4Y1t_ _• aa•a• MMR a.�a K�(,fwll6Cf<L�X�F!MC'i� :i N FL NM t�W fto sr•,as a�t1111iR nrNtaw At wauff 1Nt IM. - ^ocwam ~i •llrn leMt A1�tw c rx.sts vww. ._ . .L •tl1!�.Its • t 'A-A— bOM1 • 1JIIr Ila atoms-ur +�e,n� twerr mt�t a rr�us�Mli �,us t m ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING AN UN-NAMED AND UNDEVELOPED 60' X 314.54' PORTION OF STREET RIGHT-OF-WAY LOCATED APPROXIMATELY 540' WEST OF N. MAJOR DRIVE, SOUTH OF THE LNVA CANAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT an un-named and undeveloped 60' x 314.54' portion of street right-of-way located approximately 540' west of N. Major Drive, south of the LNVA Canal, being the most northerly 60' x 314.54' portion of an un-named and undeveloped street right-of-way as recorded in Vol. 1226, Page 101 of the Deed Records of Jefferson County, beginning at the south property line of Lot 3, Rutledge Homestead Tract and terminating at the north property line of Lot 4, of said Rutledge Homestead Tract, City of Beaumont, Jefferson County, Texas, containing 0.433 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same are hereby abandoned. 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 25th day of March, 2003. - Mayor Evelyn M. Lord - FILE 647-OB: Request to abandon a un-named 60' x 314.54' portion of right-of-way. NORTH Location: Approximately 540' west of N. Major Drive, south of the LAN.A. canal. Applicant: Douglas Barlow & John Binks SCALE 1"=200' V V . V NNW • i 1 _ re+e e 30 w ' w , - ii► , • f7Y I� � G , BJ EC i • LC �► D q I 1 4109 Af MIN Now Ns ate � � ss � ' O /t � //JI JI Mt• �C w Itf.J9 t � V o O .. ••.. O An/A � • � MN ! WFZ7HAVEN OR ' .+., i .f t1Yf •+ (y• )r 1r {-.0. % EXHIBIT "A" 7 March 25, 2003 Consider approving amendments to Chapter 13 of the Code of Ordinances relating to Junk Motor Vehicles, Weed Control and Litter Control .l City of Beaumont Council Agenda Item A c g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: John Labrie, Clean Community Department DirectorIL& MEETING DATE: March 25, 2003 AGENDA MEMO DATE: March 19, 2003 REQUESTED ACTION: Council consider after public hearing to adopt proposed amendments to City Ordinances contained in Chapter 13 of the Code of Ordinances, titled "Health and Sanitation." Chapter 13 relates to "Nuisances." RECOMMENDATION That City Council adopt changes in Chapter 13 relating to Junk Motor Vehicles (JMV), Weed Control and Litter Control. BACKGROUND Updating City Ordinance to coincide with updated state law. BUDGETARY IMPACT The objectives of the proposed amendments relate to efficiency more than monetary savings. PREVIOUS ACTION A Workshop was presented on March 18, 2003. SUBSEQUENT ACTION The purpose of the proposed amendments is to incorporate new Provisions of State Law to enhance voluntary compliance and to allow the City to be more efficient in the inspection, enforcement, and abatement processes related to nuisances. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the proposed amendments to City Ordinances contained in Chapter 13 of the Code of Ordinances. w ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING REGULATIONS CONCERNING JUNKED MOTOR VEHICLES IN THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 13, Section 13-15 of the Code Of Ordinances of the City of Beaumont, be and the same is hereby repealed and a new Article V is hereby enacted to read as follows: ARTICLE V. JUNKED MOTOR VEHICLES Sec. 13-56. Definitions. When not inconsistent with the context, words used in the present tense shall include the future;words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "shall' is always mandatory and not merely directory. (a) Junked motor vehicle means any motor vehicle as defined in the Transportation Code Subchapter E Section 683.071, as amended, that: (1) Is a vehicle that is self-propelled and does not have lawfully attached to it both an unexpired license plate and a valid motor vehicle inspection certificate; (2) and is wrecked, dismantled or partially dismantled, or discarded; or inoperable and has remained inoperable for more than 72 consecutive hours, if the vehicle is on public property; or (3) remains inoperable for 30 consecutive days, if the vehicle is on private property. (b) Antique auto means a passenger car or truck that is at least 25 years old. Page 1 GA LANBS ECA3-15.JUNKED MOTOR VEHICLES.WPD w (c) Special interest vehicle means a motor vehicle of any age which has not been altered or modified from original manufacture's specifications and, because of its historic interest, is being preserved by a hobbyist. (d) Collectormeans the owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. Sec. 13-57. Declared a public nuisance. A junked vehicle, including a part of a junked vehicle, that is located in a place where it is visible from a public place or public right-of-way, is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism,creates fire hazards,constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the state by producing urban blight adverse to the maintenance and continuing development of the municipalities in the state, and is a public nuisance.This section shall not apply with regard to: (a) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; (b) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with a business of a licensed vehicle dealer or a licensed junkyard; or (c) Unlicenced, operable or inoperable antique and special interest vehicles stored by a collector on his property, provided that the vehicles and the outdoor storage areas are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means. Sec. 13-58. Notice. (a) For abatement and removal of a public nuisance from private property,public property or public right-of-way within the city, the city manager or his designee shall send notice to the owner of the junked motor vehicle and the owner or occupant of the premises where the nuisance exists if on private property, or the owner or occupant of the premises adjacent to the public right-of-way on which the nuisance exists. The notice shall state the following: (1) The nature of public nuisance; (2) That it must be removed and abated within ten (10) days; Page 2 GA LANBSEC.13-15.JUNKED MOTOR VEHICIES.WPo (3) That if a hearing is desired,before the removal of that vehicle or vehicle part, a request for such hearing shall be made before expiration of the ten-day period; and (4) That the owner shall request, either in person or in writing, to the Clean Community Director or his Designee to set a date and time of hearing. (b) The notice must be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record,and the owner or occupant of the private property,public property,or public right-of-way on which the public nuisance exists. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not earlier than the (11th) day after the date of the return. (c) The procedures shall provide that the relocation of a junked vehicle that is a public nuisance to another location in the same city or county after a proceeding for the abatement and the removal of the public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location. (d) If the property owner or occupant commits another violation of the same kind or nature that poses a danger to the public health and safety within a twelve month period from the date of the notice, the city without further notice may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within a twelve month period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action as provided by Subsections (a) (1) and (2) and assess its expenses as provided by Section 342.007 of the Health and Safety Code. Sec. 13-59. Hearing. (a) Hearing. If a hearing is requested it shall be held not earlier than the eleventh '(11 th) day after the date of the service of notice, a public hearing must be held before the vehicle orvehicle part is removed.The hearing shall be held before the municipal magistrate as provided herein. (b) Determination; abatement. The municipal magistrate shall conduct hearings brought before said court,as set out herein,and shall determine whether the defendant is in violation of this section. Upon a finding that said defendant is in violation of this section, said defendant shall be deemed guilty of a misdemeanor and subject to a fine in accordance with the penalty provision hereinafter setforth in Beaumont Code of Ordinances,section l-S.The magistrate shall further order such defendant to remove and abate said nuisance within ten (10)days,the same being a reasonable time.If the defendant shall fail and refuse,within said ten (10)days, to abate or remove the nuisance,the magistrate may issue an order-directing the city,manager or his designee to have the same removed, and the city manager or his designee shall take possession of said junked L motor vehicle and remove it from the premises. The city manager or his designee shall thereafter dispose of said junked motor vehicle in such manner as required aby law. (c) Compliance. If, within ten (10) days after receipt of notice from the city manager or his designee, to abate the nuisance, as herein provided, the owner of the junked motor vehicle or owner or occupant of the premises shall give his written permission to the city manager or his designee for removal of the junked motor vehicle from the premises,the giving of such permission shall be considered compliance with the provisions of this section. (d) Failure to comply,filing a complaint. If a hearing is not requested within the ten-day period provided by subsection(c) and the nuisance is not removed and abated by the persons notified, the city shall request of the magistrate an order directing the city manager or his designee to have the same removed, and the city manager or his designee shall take possession of said junked motor vehicle and remove it from the premises. The city manager or his designee shall,thereafter,dispose of said junked motor vehicle in such manner as required by law. (e) Removal when owner unknown. If there is a junked motor vehicle, as herein defined, on any premises, and neither the owner of the premises nor the owner of said vehicle can be found and notified to remove same, then, upon a showing of such facts to the municipal magistrate, the court may issue an order directing the city manager or his designee to have the same removed, and the city manager or his designee shall take possession of said junked motor vehicle and remove it from the premises. The order requiring the removal of a vehicle or vehicle part must include a description of the vehicle and correct identification number and license number if the information is available at the site.The city manager or his designee shall thereafter dispose of said junked motor vehicle in such manner as required by law. (f) Notice to state highway department. Within five (5) days after the date of removal of any vehicle under this section, notice shall be given to the Texas Highway Department. Said notice must identify the vehicle or vehicle part thereof removed. (g) Reconstruction afterremoval.After a vehicle has been removed, it shall not be reconstructed or made operable. (h) Administration of section. This section will be administered by regularly salaried full-time employees of the city, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. Sec. 13-60. Regulation of storage of certain motor vehicles. The owner of a junk motor vehicle which is exempt from the application of section 13-15 by section 13-15(b)(2) shall be required to comply with the licensing and other w' Page 4 G:uANSS Ec.13-15.JUNKED MOTOR VEHK:LES.WPD requirements of this subsection. The word "person", as used herein, shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. (a) It shall be unlawful for any person to keep junk motor vehicles which are exempt under 13-15(b)(2) without first having obtained a license for each such location from the city manager or his designee in accordance with the provisions of this subsection. (b) An applicant for a license under t1lis ordinance shall file with the city manager or his designee a written application provided by city and signed by the applicant. (c) All licenses shall be permanent unless revoked as provided herein. A one-time license fee of ten dollars ($10.00)shall be submitted with the application to city. No fee will be required of an applicant which is exempt from ad valorem taxation as an institution of purely public charity. (d) A license issued hereunder shall be automatically void if the licensee does not operate the licensed business for a continuous period of two (2) years. Sec. 13-61. Vehicle Storage Facility—Issuance of license (a) The license issued pursuant to this ordinance shall be plainly displayed on the business premises. (b) The business premises, together with all things kept therein shall at all times be maintained in a sanitary condition. (c) No space not covered by the license shall be used in the licensed business. (d) No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitos. (e) Weeds and other uncultivated growth on the premises, other than trees, shrubs and bushes shall be kept at a height of not more than twelve (12) inches. (f) No property of the licensee shall be allowed to rest on or protrude over any public street or right-of-way, walkway or curb, or become scattered or blown off the business premises. (g) The property of the licensee shall be arranged so as to permit easy access for firefighting purposes. (h) No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall the premises be allowed to become a fire hazard. w Page 5 GALANE\SEC.13-15.JUNKED MOTOR VEHICLES.WPD (i) The area of the premises where junk motor vehicles exempted under section 13-15(b)(2)are kept which is visible from a public right-of-way and which fronts on a public right-of-way shall be screened with an eight-foot opaque vertical masonry wall or woodboard fence unless there is existing at the time this ordinance is passed, a fence of any type which is made opaque within sixty(60)days of the date of this ordinance.A chain link fence with slats in each link will be considered to be opaque for purposes of this section. Every twenty-five (25) feet along the wall or fence a tree shall be planted and maintained. The trees shall be at least two (2) inches in caliber and six (6) feet in height or greater at planting and shall be within ten (10) feet of the wall or fence. Construction shall be in accordance with the standards as approved by the building official of the City of Beaumont. Such fences and walls shall be maintained in good repair and shall be kept vertical, uniform and structurally sound. No fence shall be required should a one hundred-foot buffer exist between all public rights-of-way and storage of junk so long as the trees required herein are planted, existing and maintained. (j) The licensee shall permit inspection of the business premises by the city manager or his duly authorized agent at any reasonable time. Sec. 13-62. Notice of Revocation. (a) The city manager or his designee, prior to revocation of any license issued hereunder shall give written notice to the holder of said license. Such notice shall contain the reason for the proposed revocation, and provide that the revocation shall be effective fifteen (15) days after notice unless an appeal is filed. The following shall constitute grounds for revocation of the license issued hereunder: (1) The licensee has violated any provision of this section. (2) The licensee has obtained his license through fraud, misrepresentation or misstatement. (3) The licensed business or activity is being conducted in a manner detrimental to the health, safety, or general welfare of the public, or is a nuisance, or is being operated or carried on in any unlawful manner. (4) The licensed business or activity is no longer being operated on this licensed premises. (5) If a license is revoked the owner and/or occupant of the vehicle storage facility has sixty (60) days to remove or abate all Junked vehicles, including parts of a junked vehicle. (6) If the owner or occupant of the vehicle storage yard fails or refuses to remove all junked vehicles and parts of a junked vehicle within the sixty(60) day period, the city may file charges with municipal court and may clean the Page 6 G:UANMEC.13-15.JUNKED MOTOR VEHICLES.WPD property and charge the expense thereof to the person who had a license on the property. (b) Appeal of the revocation or refusal to grant a license hereunder shall be made in writing to the city manager within fifteen (15) days after notice of revocation or refusal to grant or renew a permit. The city shall appoint a hearing officer to hear said appeal if such request was timely. Revocation shall be suspended pending hearing by the hearing officer and such hearing shall be held within thirty (30) days of the date of receipt of the request for hearing. The substantial evidence rule shall apply, and the decision of the hearing officer shall be final. 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. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 2003. - Mayor Evelyn M. Lord - w' Page 7 G:VANMEC.13-15.JUNKED MOTOR VEHICLES.WPD ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE REGULATIONS CONCERNING WEED CONTROL BY AMENDING NOTICE AND ENFORCEMENT REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 13, Sections 13-50(c) and 13-50(d) be and the same are hereby amended to read as follows: ARTICLE IV. WEED CONTROL Sec. 13-50. Permitting growth of weeds on lots or premises. (c) If it be shown that a person,firm, or corporation has violated this section, the defendant, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than the maximum fine of five hundred dollars ($500.00) prescribed by section 1-8 of this Code for each offense. Section 1-8 states that it shall be unlawful for any person to violate or fail to comply with any provision of this Code. Where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine. (d) Upon a second conviction for a violation on the same property, the defendant shall be punished by a fine of not less than two hundred dollars ($200.00) nor more than the maximum fine prescribed by Section 1-8 of this Code for each offense. Section 2. That Chapter 13, Section 13-51 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 13-51. Enforcement and notice. (a) The designated enforcement officer shall enforce the terms and conditions of this article. Page 1 GALANEIWEED0RD2.WPD (b) If the owner commits another violation by allowing weeds, grass or uncultivated plants to exist on the property in violation of this Article, within twelve months after the date of the notice provided for herein, the city without further notice may correct the violation at the owner's expense and assess the expense against the property. (c) If a violation covered by a notice under this subsection occurs within a twelve month period, and the city has not been informed in writing by the owner of a change in ownership then the city without notice may take any action permitted by Section 13-52. Section 3. That Chapter 13, Section 13-52 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 13-52. Notice to remove. (a) It shall be the duty of the enforcement officer to notify the owner and/or agent of any premises within the city not dedicated to an agricultural use which is in violation of Section 13-50 to remove such weeds within seven (7)days afer such notice shall be made as provided in this Article.. (b) If the owner of property does not bring the property into compliance with this Article within seven (7) days after notice of a violation, the city may do the work or make the improvements required, pay for the work done or improvements made and charge the expenses to the owner of the property. (c) The notice required under this section shall be in writing and may be served on the owner or agent by; (1) handing it to him or her in person; (2) by certified mail addressed to the owner at the owner's address as recorded in the Jefferson County Appraisal District records; (3) or if personal service cannot be obtained, by publication at least once in the city's greatest circulated newspaper. (d) If the city mails a notice to a property owner in accordance with this section, and the United States Postal Service returns the notice as "refused" or "unclaimed", the validity of the notice is not affected, and the notice is considered as delivered. Section 4. Page 2 GALANEMEEDORD2.wPD That Chapter 13, Section 13-53 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 13-53. Right of the city to cut weeds, assessment of costs. (a) Should the owner of any lot or premises upon which weeds, grass, or uncultivated plants have been permitted to grow in violation of this article fail or refuse to cut or remove such weeds, grass or uncultivated plants within seven (7)days after notice, as provided in section 13-52; (1) The enforcement officer is hereby authorized to cause such weeds, grass or uncultivated plants to be cut and removed at the expense of the city, and to assess the expenses thereof to the owner, as shown on the tax roll of the real estate or lot upon which such expense is incurred. (2) The fee for cutting shall be billed to the owner of the premises at the rate of one cent ($0.01) per square foot, not less than twenty-five dollars ($25.00), plus an administrative fee of fifty dollars ($50.00) to cover all administrative costs. (3) A statement of expenses which includes administrative fees, incurred by the city for the cutting and removal of weeds, grass or uncultivated plants cut in accordance with this section shall be mailed to the property owner shown on the tax roll at the time of service. This statement of expenses shall, in addition to stating the amount of such expense, provide the date upon which such work was done and a description of the lot or premises upon which such work was done. (4) Payment is due and is considered delinquent if not received within thirty(30) days of the date on the statement of account from the City (5) If payment is not made within ninety(90)days of such delinquency,the city's authorized agent is hereby authorized to add a lien assessment fee of fifty dollars ($50.00) to the statement of expenses incurred by the city in the cutting and removal of weeds,grass or uncultivated plants under this section and to file said statement of expenses as a lien at the Jefferson county clerk's office against the premises which are in violation of this article. (6) The lien obtained by the city is security for the expenditures made and interest shall accrue at the rate of 10 percent annually on the unpaid balance due from the date of payment by the city. Page 3 G:\LANEIWEEDORD2.WPD (7) The city shall have a privileged lien upon such lot or real estate upon which such work was done or improvements made to secure the expenditure so made, in accordance with provision of Health & Safety Code, Section 342.007, which lien shall be second only to tax liens and liens for street improvements. (8) The city may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due. (9) The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements and of proper notices as required by this Article. (10) The remedy provided by this section is in addition to the remedy provided by Section 342.005 of the Health & Safety Code. (11) The governing body of a city may foreclose a lien on property under this section in a proceeding relating to the property brought under Chapter 32, Tax Code. Section 5. That Chapter 13 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add a new Section 13-54 to read as follows: Sec. 13-54. Additional Authority to Abate Dangerous Weeds. (a) The city may abate, without notice, weeds that have grown higher than 48 inches and are an immediate danger to the health, life, or safety of any person. (b) Not later than the 10th day after the date the city abates weeds under this section, the city shall give notice to the property owner in the manner required by Section 342.006 of the Health & Safety Code. (c) The notice shall contain: (1) identification, which is not required to be a legal description, of the property; (2) a description of the violations of the ordinance that occurred on the property; (3) a statement that the city abated the weeds; and (4) an explanation of the property owner's right to request an administrative hearing related to the city's abatement of the weeds. Page 4 G:ILANEIWEEDORD2.WPD (d) The Clean Community Department Director or his designee shall conduct an administrative hearing on the abatement of weeds under this section if the property owner files with the city a written request for a hearing within thirty (30) days of the date of the notice required under this section. (e) An administrative hearing conducted under this section shall be conducted not later than the 20th day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the city's abatement of the weeds. (f) The city may assess expenses and create liens under this section as it assesses expenses and creates liens under section 342.007 of the Health&Safety. A lien created underthis section is subject to the same conditions as a lien created under Section 342.007 of the Health & Safety Code. (g) The authority granted a city by this section is in addition to the authority granted by Health & Safety Code, Section 342.006. Section 6. That if any section, subsection, sentence, clause or phrase of this ordinance, orthe 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 7. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. �n Page 5 GALANEIWEED0RD2.WPD PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 2003. - Mayor Evelyn M. Lord - Page 6 GALANE\WEED0RD2.WPD ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING REGULATIONS CONCERNING LITTER AND LITTERING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 13, Article VII, of the Code of ordinances be and the same is hereby amended to amend Section13-69 to read as follows: Sec. 13-69. Definitions. When not inconsistent with the context, words used in the present tense shall include the future; words used in the plural number include the singular number; and the words used in the singular in the plural number. The word "shall"is always mandatory and not merely directory. (a) Container means a sturdy, durable, watertight, reusable receptacle with a tight-fitting lid designed to prevent exposure or dispersion of its contents by the elements, or a plastic bag not less than one and one-half (1 %) mil thick that has a capacity of not more than thirty (30) gallons and that is tied or closed securely. (b) Elements means any man-made or natural force that, with reasonable foreseeability, could carry litter, trash, garbage, or waste from one place to another and includes air currents, rain, water currents, and animals. (c) Litter means any man-made or man-used object, organic or inorganic material, or solid waste, and specifically includes trash which is not placed in: (1) A "container" as defined herein; or (2) An authorized sanitary waste disposal site; or (3) Another approved area, depository, or vehicle designated for transport or disposal of litter, trash, garbage, or waste. (d) Person means any individual,corporation,partnership,organization,business trust, estate, trust, association, and any other legal entity. Page 1 GALANE1uT-ER.WPo Section 2. That Chapter 13 of the Code of Ordinances of the City of Beaumont be and the same is hererby amended to add a new Section 13-71.1 to read as follows: Sec.13-71.1. Notice to Remove and Authority to Abate. It shall be the duty of the enforcement officer to notify the owner and/or occupant of any premises within the city which is in violation of Section 13-70 or 13-71 by: (a) Written notice issued by hand notice in person to the property owner and/or occupant or person(s) responsible for improperly disposing of the litter or; (b) Certified letter issued to the owner as listed on the Jefferson County Appraisal District Roll and to the occupant stating that the violation must be corrected within Seven (7) days from the date of issuance of the letter (c) If the owner and/or the occupant commits another violation of"littering" as stated in Section 13-70 or 13-71 on the property within twelve months after the date of the notice, the City may correct the violation at the owners's expense and assess the expense against the property. (d) If a violation covered by a notice under Section 13-70 or 13-71 occurs within a twelve month period after such notice , and the city has not been informed in writing of a change in ownership, then the city, without further notice may take any action permitted by Section 13-72 Section 3. That Chapter 13, Section 13-72(c) of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Sec. 13-72. Fines and penalties. (c) In addition to the fines and penalties provided for in this section, if a person owning or occupying land or property fails to remove litter, trash, garbage or waste from the property within seven (7) days after notice as provided in Health & Safety Code, Chapter 342, Subchapter A 342.006, the city is hereby authorized to cause such litter, trash, garbage, or waste to be removed with the expenses of cleaning and removal to be payable by the owner or occupant of the property. Page 2 GALANE1uTTER.WPD Section 4. That Chapter 13, Section 13-73 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 13-73. Assessment of cost; remedy by the city. The city shall assess to the owner or occupant of the property actual cleaning and removal expenses, not less than twenty-five dollars, ($25.00), plus an administrative fee of fifty dollars ($50.00). A statement of expense which includes administration fees, incurred by the city in the cleaning and removal of any litter,trash, garbage, or waste under this article shall be mailed to the property owner as shown on the tax roll at the time of service. The statement of expenses shall, in addition to giving the amount of such expense, provide the date upon which such work was done, and a description of the lot or premises upon which such work was done. Payment is due and is considered delinquent if not received by the city within thirty (30) days. If payment is not made within ninety(90) days of such delinquency, the city's authorized agent is hereby authorized to add a lien assessment fee of fifty dollars ($50.00) to the statement of expenses incurred by the city in the cleaning and removal of any litter, trash, garbage or waste under this section and to file said statement of expenses as a lien at the county clerk's office of this county against the premises which are in violation of this article. This statement of expenses shall, in addition to giving the amount of such expense, provide the date upon which such work was done and a description of the lot or premises upon which such work was done. The city shall have a privileged lien upon such lot or real estate upon which such work was done or improvements made to secure the expenditure so made, in accordance with provisions of Health & Safety Code, Chapter 342, Subchapter A, Section 342.007, the lien is inferior only to tax liens and liens for street improvements. Suit may be instituted in the name of the city, and statement of expenses so made as aforesaid, or a certified copy thereof, shall be prima facie evidence of the amount expended for such work or improvements. Section 5. That Chapter 13, Section 13-75(b) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 13-75. Strict enforcement. (b) In any prosecution for violation of section 13-70 or 13-71, proof that litter came from a particular vehicle together with proof that the defendant named in the complaint was, at the time of such offense, the registered owner of such vehicle shall Page 3 G:XANEXLjTTER.WPD constitute in evidence a rebuttable presumption that the defendant was the person who violated section 13-70 or 13-71. Section 6. 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 7. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 2003. - Mayor Evelyn M. Lord - Page 4 GALANEUTTER.MD City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 25, 2003 1:30 P.M. CONSENT AGENDA Approval of minutes * Confirmation of committee appointments A) Approve a resolution authorizing the acquisition of a 10-foot by 365-foot strip of property on Walden Road at Major Drive and authorize the City Manager to execute an agreement with the property owners on the disbursement of the proceeds B) Approve a resolution authorizing the City Manager to decrease the Water Line Replacement of Small Diameter Mains Contract-II amount for"deleted work" C) Approve a resolution authorizing the City Manager to execute the Form ROW U-43, the Three Party Utility Agreement for the Unocal Pipeline Company, on the FM 364 Major Drive Improvement Project A City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: March 25, 2003 AGENDA MEMO DATE: March 18, 2003 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of a 10-foot by 365-foot strip of property on Walden Road at Major Drive and authorize the City Manager to execute an agreement with the property owners on the disbursement of the proceeds. RECOMMENDATION Administration recommends approval of a resolution authorizing the acquisition of a 10-foot by 365-foot strip of property on Walden Road at Major Drive and authorizing the City Manager to execute an agreement with the property owners on the disbursement of the proceeds. BACKGROUND The Mickey Phelan B Land L.P. have agreed to convey a 10-foot by 365-foot strip of property to the City at the appraised value of$7,950. The acquisition of this property is necessitated by the Walden Road and Major Drive widening projects. Currently, the east and west approach of Walden Road to Major Drive are not in alignment. This is the result of the widening of Walden Road that occurred several years ago. The Texas Department of Transportation (TxDOT) is requiring the City to widen the west approach on Walden Road to improve the alignment prior to construction of the next phase of the Major Drive Project. The City obtained Right-of-Entry and Possession from the owners and has begun the construction. Additionally, the property owners have requested that the proceeds from the purchase be utilized as the City's share for the study involving access to the IH-10 Frontage Roads between Walden Road and Major Drive. This study is being undertaken by the County to resolve issues regarding access to the frontage roads currently under construction by TxDOT. The proceeds from the sale of the property would be paid directly to Jefferson County. BUDGETARY IMPACT Funds are available in the Major Drive Project of the Capital Improvement Program. PREVIOUS ACTION The City obtained a Right-of-Entry and Possession from the property owners on October 17,2002. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer RECOMMENDED MOTION Approve/Deny a resolution authorizing the acquisition of a 10-foot by 365-foot strip of property on Walden Road and Major Drive and authorizing the City Manager to execute an agreement with the property owners on the disbursement of the proceeds. WaldenRdAcquisitionIH-lOStudysk.wpd March 18,2003 B City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: March 25,2003 AGENDA MEMO DATE: March 17,2003 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to decrease the Water Line Replacement of Small Diameter Mains Contract-II amount for"deleted work." RECOMMENDATION Administration recommends approval of decreasing the Water Line Replacement of Small Diameter Mains Contract-II amount by$27,120 through the deletion of 1,680 linear feet of 8-inch pipe,3 gate valves,and nine 6-inch caps. The reduction is also due to an adjustmentby the Contractor for realigning the line and replacing sodding with seeding. BACKGROUND The existing water lines on Tyrrell Park Road have deteriorated and are extremely corroded. During construction,it was determined that 1,680 linear feet of water lines do not need to be replaced. This change will not affect the primary goals of the project,which are to restore the integrity of the water lines, restore pressure,and provide customers with uninterrupted, adequate service. BUDGETARYIMPACT Funds for the project are available in the Water Utilities Operating Funds. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION: Approve/Deny a resolution authorizing the City Manager to decrease the total amount of Water Line Replacement of Small Diameter Mains Contract-II for"deleted work." AGENDAChangeOrder ContIIwatersk.wpd March 17,2003 APPROVAL OF CONTRACT CHANGE Change Order No. 1&Final Date: February 19,2003 Project: City of Beaumont Water Line Replacement Small Diameter Mains Contract II Owner: City of Beaumont P.O. Box 3827 Beaumont,Texas 77704 Contractor: Brystar Contracting,Inc. 8385 Chemical Road Beaumont,TX 77705 To the Owner: Approval of Change Order No. 1 is requested. Reason for Change: To decrease the contract amount performed by the Contractor:Reduce 8-inch water line by 1,680 linear feet,reduce fire hydrants to be relocated by 1,reduce the number of 4-inch gate valves by 1 and 8-inch gate valves by 2,delete the plugging of existing lines and delete the installation of 6-inch caps on existing lines. The Contractor will give the City an adjustment for realigning 4,000 linear feet of the water line and seeding instead of sodding the trench line from Hwy. 124 to Tyrrell Park. ORIGINAL CONTRACT AMOUNT 259,621 CHANGE ORDER NO. 1 Description Net Change Replace 2 short side service connections + 540 Replace 1 long side service connection + 400 Install 1 fire hydrant + 2.300 Install 6-6"gate valves + 3.240 Install 160LF 6"water line by directional boring + 3.200 Relocate 4 fire hydrants 3' off ROW + 4,000 Reduce 8"line to be replaced by 1,680 LF - 33.600 Reduce fire hydrants to relocate by 1 - 1,250 Reduce 4"gate valves by 1 - 460 Reduce 8"gate valves by 2 - 1.200 Reduce existing lines to plug by 1 - 300 Adjustment to realign 4,000 LF of water lines - 1330 Adjustment to remove seeding of trench line from Hwy. 124 to Tyrrell Park - 1.780 Adjustment to delete installation of 9-6"caps on existing lines - 1.080 Total Change Order No. 1 -$ 27,120 TOTAL REVISED CONTRACT AMOUNT 232 501 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order No. 1 represent full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under Contract arising directly or indirectly from this change order and all previous change orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the change order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this change order after it is properly executed." Recommended by- Approved by: Accepted by: VJosleph G. Majdalani,P.E. City of Beaumont Brystar Contracting,Inc. Water Utilities Manager Owner Contractor Date: 7' D Date: Date: -s/( L APPROVAL OF CONTRACT CHANGE Change Order No. 1 & Final Date: February 19, 2003 Project: City of Beaumont Water Line Replacement Small Diameter Mains Contract II Owner: City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Contractor: Brystar Contracting, Inc. 8385 Chemical Road Beaumont, TX 77705 To the Owner: Approval of Change Order No. 1 is requested. Reason for Change: To decrease the contract amount performed by the Contractor: Reduce 8-inch water line by 1,680 linear feet, reduce fire hydrants to be relocated by 1, reduce the number of 4-inch gate valves by 1 and 8-inch gate valves by 2, delete the plugging of existing lines and delete the installation of 6-inch caps on existing lines. The Contractor will give the City an adjustment for realigning 4,000 linear feet of the water line and seeding instead of sodding the trench line from Hwy. 124 to Tyrrell Park. ORIGINAL CONTRACT AMOUNT $ 259,621 CHANGE ORDER NO. 1 Description Net Change Replace 2 short side service connections + 540 Replace 1 long side service connection + 400 Install 1 fire hydrant + 2,300 Install 6 - 6" gate valves + 3,240 Install 160LF 6" water line by directional boring + 3,200 Relocate 4 fire hydrants 3' off ROW + 4,000 Reduce 8" line to be replaced by 1,680 LF - 33,600 Reduce fire hydrants to relocate by 1 - 1,250 Reduce 4" gate valves by 1 - 460 Reduce 8" gate valves by 2 - 1,200 Reduce existing lines to plug by 1 - 300 Adjustment to realign 4,000 LF of water lines - 1,130 Adjustment to remove seeding of trench line from Hwy. 124 to Tyrrell Park - 1,780 Adjustment to delete installation of 9 - 6" caps on existing lines - 1,080 Total Change Order No. 1 - $ 27,120 TOTAL REVISED CONTRACT AMOUNT 232 501 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order No. 1 represent full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under Contract arising directly or indirectly from this change order and all previous change orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the change order represents an all inclusive,mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this change order after it is properly executed." Recommended by Approved by: Accepted by: Joseph G. Majdalani, P.E. City of Beaumont Brystar Contracting, Inc. Water Utilities Manager Owner Contractor Date: 311Vo3 Date: Date: c City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: March 25, 2003 AGENDA MEMO DATE: March 17, 2003 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute the Form ROW U-43, the Three Party Utility Agreement for the Unocal Pipeline Company, on the FM 364 Major Drive Improvement Project. RECOMMENDATION Administration recommends the City Manager be authorized to execute Form ROW U-43. BACKGROUND The City of Beaumont, in cooperation with the Texas Department of Transportation has entered into an agreement to make improvements to FM 364/Major Drive from Humble Road to I-10. Part of this agreement is to have any adjustments that may need to be made by both pipeline and utility companies submitted to the State for approval prior to authorizing any work to be done. The Form ROW U-43 must be executed by all parties involved as part of this process. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute the Form ROW U-43, the Three Party Utility Agreement for the Unocal Pipeline Company, on the FM 364 Major Drive Improvement Project. unocal_3partyagreement-ib.wpd 17 March 2003 a+ Form ROW-U-43 u3000 (Replaces Form D-15-43) (Electronic version GSD-EPC word 97) Pauc I of 2 THREE PARTY UTILITY AGREEMENT Agreement No. County: Jefferson ROW CSJ No.: 0786-01-064 Federal Project No.: DPR 0057 (001 ) Highway No.: FM 364 Contract No.: Account No.: 9120-00-001 This Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission, hereinafter called the State. and The City of Beaumont,Texas, acting by and through its duly authorized official under Ordinance ,No.; dated the day of hereinafter called the City, and UNOCAL PIPELINE COMPANYtcting by and through its duly authorized representative, hereinafter called the Owner. shall be effective on the date of approval and execution by the State. WHEREAS, it has been determined necessary to make certain highway improvements in the State Highway System as designated by the State and generally described as follows: Jefferson County; FM 364; located from SH 124 To SH 105. WHEREAS, the State and the City have previous to this date entered into a contractual agreement, a_reein`to handle by separate ag.reement the adjustment, removal or relocation of certain utility facilities necessitated as a result of highway improvements on the hereinabove designated project on the basis of an 80/20 State to City fund in,—,/participation ratio with the 80%State portion being in fact federal funds in which the State acts as steward; and, WHEREAS, the State as steward,and the City will participate in the costs of relocating and adjusting certain Facilities of the Owner to the extent as may be eligible for State participation under Transportation Code,Title 6. Chap.203. Sec. 203.092; and. WHEREAS, the Owner. in Affidavit. Form,D-I5-U1, dated March 2003 has asserted an interest in certain lands and that this proposed highway improvement will necessitate the adjustment, removal or relocation of certain facilities of the Owner now located upon such lands as indicated in the following statement of work: Replacement of existing 10" oil pipeline road crossing due to non compliance with TXDOT Utility Accommodation policy because of proposed highway improvement project. and WHEREAS. the State trill administer federal funds in payment of the costs incurred in the adjusting of Owner's facilities tinder provisions of Title 23 Code of Federal Regulations. Part 64-5: and. WHEREAS. the State and the City desire to accomplish the adjustment. removal or relocation of the Owner's tttilitl facilities by entering into an agreement Leith the Owner and such work is shown in more detail in ONvrier's preliminart plans, specifications and cost estimates which are attached hereto and made a part hereof. and which are prepared in the form and manner required by Title 23 Code of Federal Re_ulations. Part 64-5 and: WHEREAS. the State. Cite. and Owner%%ish to document their agreement for the effectttauon of 111QSC term NOW,THEREFORE. BE IT .MUTLALLI' AGREED: !'h Cite . ii'l, oar [u the ONNner the costs incurred in relocating and adjusting OtsneCs 1.[c1li1ies up t, the and federal c�)st pa[ icipation tith the State [hen r:ir.,hursin_ 011! C�itt The Owner has determined that the method to be used in developing the relocation or adjustment costs shall be as specified for the method checked and described hereafter: X (1) Actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable federal or state regulatory body. _(2) .Actual direct and related indirect costs accumulated in accordance with an established accounting procedure developed by the Owner and approved by the State. _(3) An agreed lump sum of S , as supported by the detailed itemization of estimated costs attached hereto. Upon execution of this agreement by the parties hereto the City will, by written notice, authorize the Owner to proceed with the necessary adjustment, removal or relocation, and the Owner agrees to prosecute such work diligently in accordance with the plans attached hereto, to completion in such manner as will not result in avoidable interference or delay in either the State's highway construction or in the said work. Such authorization to proceed shall constitute notice on the part of the State that the utility relocation has been included in an approved program as an item of right of way acquisition, that a project agreement which includes the work has or will be executed,and that the utility relocation or adjustment will be required by the final approved project agreement and plans. If costs are developed under procedure(1) or(2)as before specified, upon satisfactory completion of the relocation or adjustment and upon receipt of a Final billing from the Owner prepared in form and manner as prescribed by Title 23 Code of Federal Regulations Part 645 and after the required audit, the City will pay to the Owner the full amount of costs found eligible by said audit and the costs paid by the City pursuant to this agreement shall be full compensation to the Owner for the costs incurred in making such adjustment, removal or relocation. Bills for work contemplated herein shall be submitted to the City not later than ninety(90)days after completion of the work. The State will reimburse the City in an amount equal to eighty(80%)percent of the payment to the Owner by the City upon receipt of evidence and certificate that payment in this amount has been made to the Owner. The City agrees that if requested by the Owner, it will pay ninety( 90°.'o) percent of the total billed costs to the Owner upon receipt of Owner's Final bill resulting in a ten (10%) percent retainage pending audit results. The City may elect to request its eighty (80 1.•0) percent reimbursement from the State if this option is elected. And, accordingly. upon conclusion of the audit and settlement of its findings all remaining retainage is to be prompt!., paid the Owner by the City and the City agrees to promptly request Final reimbursement from the State. If costs are developed under procedure(3) as before specified, the City will, upon satisfactory completion of the relocation and adjustment by the Owner and upon receipt of a billing prepared in acceptable form, make payment to Owner in the agreed to amount. And as before, the City may then claim eighty (30°0) reimbursement from the State. In this instance. no audit shall be required prior to paymnent. Form D-15-48 enclosed with Owner's preliminar, estimate attached to this agreement. is approved as comps}inL with Titie 23. Code of Federal Rz__ulations. Pan 645. Sec. 615.1 15 and Owner is authorized.but not required. to contract suck work. The preliminary estimate will indicate the extent to which work is to be performed under each contract. Other work shall be contracted by Owner only with approval of the State in accordance with Title 23.Code of Federal Regulations, Part 615. In the event it is determined that a substantial change from the statement of work contained in this agreement is reyuire?. reimbursement therefor shall be limited to costs covered by a modification of this agreement or a %. rittm change or �xtri %work order approved b- the State. It is expressly understood that this agreement is subject to cancellation by the State at any time up to the Matz that %,.ork under this agreement has been authorized and that Such cancellation %%ill not create any liability on the part of the State. The Owner by execution of this agreement does not waive any of the rights which Owner may legally have within the limits of the law. City of Beaumont.Texas EXECUTION RECOMMENDED: Bv: District Engineer.Texas Department of Transportation Beaumont District ATTEST: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders,established policies, or work programs heretofore approved and authorized by the Owner: UNOCAL PIPELINE 'COMPANY Texas Transportation Commission By: B Director.Right of Wa% Division AFn O veson resident Title. Date: DateJI March 2003