Loading...
HomeMy WebLinkAboutPACKET AUG 24 2004 l City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 24,2004 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Gene Arnold would be reappointed to the Small Business Revolving Loan Fund Advisory Committee. The current term would expire June 22, 2006. A) Approve a contract for container and solid waste collections B) Adopt the National Incident Management System(NIMS)as the recognized incident management system for the City of Beaumont for all public safety agencies C) Amend an agreement with LightCore to install an additional 2,827 feet of fiber optic cable in the public right-of-way D) Authorize the acceptance of a 16'x S 10' (0.187 acre)tract of land in the Calder Place Addition conveyed to the City of Beaumont by Charles G. Hooks III and Sue Ann Hooks for utility improvements A City of Beaumont Council Agenda Item K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 17, 2004 REQUESTED ACTION: Council consideration of an annual contract for container and solid waste collections. RECOMMENDATION Administration recommends awarding an annual contract to Waste Management ofBeaumont,Texas for container and solid waste collection services for the unit prices shown on the attached tabulation. BACKGROUND Refuse container and collection services are required at thirty(30) sites throughout the City. The size of refuse containers required at each location range in size from two(2)to ten(10) cubic yards and the collection frequency rates range from one (1) to four(4) times per week. Bid specifications stated the size of containers currently used and the frequency of collections currently required by the City. The specifications allow the City to add or delete containers and change locations or container sizes as needed. The award of the bid is based on the number of containers and locations currently being serviced. The following bids were received: VENDOR ESTIMATED MONTHLY COST Waste Management, Beaumont, TX $3,535.38 BFI Waste Services of Texas, LLP, Nederland, TX $3,716.05 The monthly cost of last year's contract with Waste Management was $3,697.72. Annual Contract for Container and Solid Waste Collection August 17,2004 Page 2 BUDGETARY IMPACT Funds are available in various operating budgets. The estimated annual expenditure is$42,424.56. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Central Services Director. Annual Contract for Container and Solid Waste Collection August 17,2004 Page 3 BID TABULATION UNIT PRICES WASTE MANAGEMENT, BEAUMONT,TX 1 Time 2 Times 3 Times 4 Times 5 Times 6 Times CONTAINER SIZE Per Week Per Week Per Week Per Week Per Week Per Week 2 CUBIC YARDS $11.86 $23.72 $35.59 $47.45 $59.32 $71.18 4 CUBIC YARDS $23.72 $47.45 $71.18 $94.91 $118.64 $142.37 6 CUBIC YARDS $35.59 $71.18 $106.77 1 $142.37 1 $177.96 1 $213.55 8 CUBIC YARDS $47.45 $94.91 $142.37 $189.82 $237.28 $284.74 10 CUBIC YARDS $59.32 $118.64 $177.96 $237.28 $296.60 $355.92 BFI WASTE SYSTEMS OF TEXAS,LLP NEDERLAND,TX 1 Time 2 Times 3 Times 4 Times 5 Times 6 Times CONTAINER SIZE Per Week Per Week Per Week Per Week Per Week Per Week 2 CUBIC YARDS $15.59 $30.31 No bid No bid No bid No bid 4 CUBIC YARDS $28.06 $54.04 No bid No bid No bid No bid 6 CUBIC YARDS $39.75 $76.90 $113.79 1 No bid I No bid I No bid 8 CUBIC YARDS No bid $100.46 $146.53 No bid No bid No bid 10 CUBIC YARDS $62.35 $123.84 $181.86 $239.02 No bid No bid Annual Contract for Container and Solid Waste Collection August 17,2004 Page 4 BID TABULATION CURRENT PLACEMENT MONTHLY PRICES LOCATION SIZE QTY PICK-UPS BFI WASTE (CU.YD.) PER WEEK MNGT City Hall 10 1 3 $181.86 $177.96 Building Services 10 1 1 $62.35 $59.32 Municipal Court 6 1 1 $39.75 $35.59 Art Museum 4 1 2 $54.04 $47.45 Best Years Center 10 1 1 $62.35 $59.32 Zaharias Park 8 2 2 $200.92 $189.82 Coliseum 6 2 3 $227.58 $213.54 Fair Grounds 10 2 2 $247.68 $237.28 Civic Center 10 3 4 $717.06 $711.84 Harvest Club 10 1 4 $239.02 $237.28 Athletic Complex 6 4 1 $159.00 $142.36 Tennis Center 6 1 1 $39.75 $35.59 Collier's Ferry Park 10 1 2 $123.84 $118.64 Imagination Station 8 1 2 $100.46 $94.91 Pruitt Activity Center 10 1 1 $62.35 $59.32 Tyrrell Park 8 2 2 $200.92 $189.82 Rogers Park 8 1 2 $100.46 $94.91 Parks Admin Bldg 4 1 1 $28.06 $23.72 Parks O er Center 10 1 1 $62.35 $59.32 Alice Keith Park 6 1 2 $76.90 $71.18 Sprott Park 6 1 2 $76.90 $71.18 Charlton Pollard 2 2 2 $15.59 $11.86 Fire Admin Bldg 4 1 1 $28.06 $23.72 Fire Station#1 4 1 1 $28.06 $23.72 Fire Training 10 2 1 $124.70 $118.64 Health Dept 10 2 1 $124.70 $118.64 Police Dept 8 1 3 $146.53 $142.37 Fleet Management 4 1 2 $54.04 $47.45 Fleet Management 2 1 2 $30.31 $23.72 Water Cust Svc 8 1 2 $100.46 $94.91 TOTAL MONTHLY: $3,716.05 $3,535.38 TOTAL YEARLY: $44, 592.60 $42,424.56 B ! City of Beaumont ter• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Micky Bertrand, Fire Chief, EMC Robert Smith, Assistant EMC MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 17, 2004 REQUESTED ACTION: Council approval recognizing and adopting the National Incident Management System(NIMS) as the recognized incident management system for the City of Beaumont for all public safety agencies. RECOMMENDATION Council consideration to establish the National Incident Management System(NIMS)as the citywide standard command and control system during any emergency operation. BACKGROUND In March 2004, Homeland Security Secretary Tom Ridge approved the National Incident Management System which was directed by requirements President Bush identified in Homeland Security Presidential Directive-5 (HSPD-5), Management of Domestic Incidents. This system provides a consistent nationwide template to enable Federal,State,tribal,and local governments and private sector and non-governmental organizations to work together effectively and efficiently to prepare for,respond to,and recover from domestic incidents,regardless of cause,size,or complexity, including acts of catastrophic terrorism. The directive requires Federal departments and agencies to make adoption of the NIMS by State and local organizations a condition for Federal preparedness assistance(through grants, contracts, and other activities) beginning in FY 2005 (October 1, 2004). BUDGETARYIMPACT None. Page 2 September 7,2004 City of Beaumont and TEEX Agreement Agenda Memo PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Fire Chief. c City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Mark Horelica, Transportation Administrator MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 18, 2004 REQUESTED ACTION: Council consider amending an agreement with LightCore to install an additional 2,827 feet of fiber optic cable in the public right-of-way. RECOMMENDATION Administration recommends amendment of an agreement between LightCore and the City of Beaumont for the placement of fiber optic cable in the public right-of-way. BACKGROUND On July 22, 2004, Council approved entering into an agreement with LightCore allowing the installation of fiber-optic cable on Orleans and Broadway Streets. This installation totaled 3,017 linear feet of cable. Lightcore is now requesting approval to install an additional 2,827 feet of fiber- optic cable along Pearl, Calder and Willow Streets. Several long distance communications companies currently have agreements with the City. BUDGETARYIMPACT LightCore will pay the City of Beaumont an additional$2,335.50 initially and then an annual fee of $1.35 per linear foot on a total footage of 5,844 feet or$7,889.40 annually. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY: City Manager, Public Works Director, City Engineer and Transportation Manager. Lightcore2/cg 08/18/2004 ...... City of Beaumont �• Council Agenda� _ • K, g Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 16, 2004 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a 16' x 510' (0.187 acre) tract of land in the Calder Place Addition conveyed to the City of Beaumont by Charles G. Hooks III and Sue Ann Hooks for utility improvements. RECOMMENDATION Charles G. Hooks III and Sue Ann Hooks, Co-Trustees of the Trusts established under the Last Will and Testament of Charles G. Hooks, Jr., deceased, have conveyed a 16' x 510' (0.187 acre) tract of land to the City of Beaumont on property described as being Lot 28, Block 15 of Calder Place Addition,and located adjacent to and between a 30-foot drainage ditch belonging to Jefferson County Drainage District No. 6 and a 20-foot City utility easement. The administration recommends acceptance of the above named 16' x 510' (0.187 acre) tract of land. BACKGROUND The property is to be used to accommodate the construction, alteration, operation and maintenance of utility improvements and their appurtenances. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. enghooks_calder-place-ib August 16,2004 SUBJECT ACOUISITION z aA(W �4F fll 0 D xi 1) ANAPK C-1 TOR LOT 28, BLOCK 15 �JE'CE T T ON I T HARRISON CALDER PLACE ADDITION Of 1 , z C3 � z -D ¢ N ESMT SCOTCH Mc FAD E z D C LD R 16'x510' (0.187 ACRE) TRACT cl IT'BIT CALDER AVENUE NEAR 24TH. LIBERTya: z LAUREL STREET LAUREL -UL L 3 ORIOLE SOU CA w RE o CAMBRIDGE �N LIN LOS cj .1 E BL 9't RUSK OWNERS: DEVON L SE - Os u BRISTOL BRISTOL 0 W CEDAR \W=CED CHARLES G. HOOKS, III AND SUE ANN HOOKS, CO—TRUSTEES N" BBROADMO E RE N LECATH❑N MAP LEGEND N.T.S. SUBJECT PROPERTY 1 4-1 L 410 3.40 SCOTCH STS 'A 27 vis C�l 14 13 14 j25 10 15 av 24 < ISO 0 cQ "A',-211 17 V-,:— -z-2- 1 0 N Oj 0 NN lc� 4v 8 (Z. 0 bo - 7 1 z N lzo % Ln k; 20 c City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 24,2004 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 9-14/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)to LI (Light Industrial) District and a specific use permit to allow a machine shop in an LI (Light Industrial) District at 3140 Blanchette 2. Consider approving a request for a zone change from A-R(Agricultural- Residential)to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a credit union in the 3200 block of N. Major Drive 3. Consider approving a request for a zone change from NC (Neighborhood Commercial) to RS (Residential Single Family Dwelling) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the east side of Dowlen Road, south of the Gulf Employees Credit Union 4. Consider approving a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)to RS (Residential Single Family Dwelling) District for 1.97 acres of land located on the east side of Old Voth Road, north of Lawrence Drive 5. Consider approving a request for a specific use permit to allow a self storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District at 8161 Eastex Freeway 6. Consider approving a request for a specific use permit to allow a film and video production facility in an RCR(Residential Conservation and Revitalization) District at 2406 North 7. Consider approving a request for a specific use permit to allow a medical doctor's office in an RCR(Residential Conservation and Revitalization)District at 2115 McFaddin 8. Consider approving a request for a specific use permit to allow a restaurant and retail in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located on the west side of Dowlen Road, south of and adjacent to Barrington Heights 9. Consider adopting an ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States, Inc. and granting a new franchise to Entergy Gulf States, Inc. adopting a new method of compensation 10. Consider approving a bid for a financing agreement to purchase a fire truck 11. Consider approving the sale of six City owned parcels of property 12. Consider authorizing the City Manager to execute a contract for the City of Beaumont Rehabilitation of the Southwest Elevated Water Storage Tank 13. Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Howell/Yount Outfall Contract VI for "extra work" 14. Consider amending Section 6-21 of the Code of Ordinances, in particular, the International Building Code, Appendix B, Board of Appeals Section B 101.2 Membership of Board by adding a Licensed Master Plumber to the Board WORKSESSION * Review the proposed FY 2005 Budget * Review the recruitment, hiring and promotional procedures of the Police Department 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: Penni Simonson, et al v. City of Beaumont City of Beaumont v. House of Praise Deliverance Ministries, Inc. Douglas Manning, et al 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. I August 24,2004 Consider approving a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)to LI (Light Industrial) District and a specific use permit to allow a machine shop in an LI (Light Industrial) District at 3140 Blanchette City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 17, 2004 REQUESTED ACTION: Council consider a request for a zone change from GC-MD(General Commercial-Multiple Family Dwelling) to LI (Light Industrial) District and a specific use permit to allow a machine shop in an LI (Light Industrial) District at 3140 Blanchette. RECOMMENDATION The Administration recommends approval of a zone change from GC-MD (General Commercial- Multiple Family Dwelling) to LI (Light Industrial) District and a specific use permit to allow a machine shop in an LI(Light Industrial)District at 3140 Blanchette,subject to providing one disabled parking stall(with sign)and with a modification to the landscaping requirements for the parking lot. BACKGROUND Mike Pollock,the applicant, is requesting this zone change and specific use permit for the property located at 3140 Blanchette. On the property are three single story buildings enclosing 7,660 square feet. Mr. Pollock would like to open a machine shop. The primary function of the shop will be to repair hydraulic motors,cylinders and pumps. All repair materials are kept indoors until machined and then returned to the customer. Steel shavings are kept in a covered Container that is picked up by a steel recycler on a regular schedule. The shop operates from 7 a.m.to 3:30 p.m. Monday through Friday. Occasional overtime is worked after 3:30 p.m. and on Saturdays. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 16, 2004, the Planning Commission voted 9:0 to approve a zone change from GC-MD to LI District and a specific use permit to allow a machine shop in an LI District at 3140 Blanchette, subject to providing one disabled parking stall (with sign) and with a modification to the landscaping requirements for the parking lot. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. 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 GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 3140 BLANCHETTE, 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 GC-MD (General Commercial-Multiple Family Dwelling) District to LI (Light Industrial) District for property located at 3140 Blanchette, City of Beaumont, Jefferson County, Texas, 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 on this the 24th day of August, 2004. - Mayor Evelyn M. Lord - FILE 1 Request for a zone change fivm GC-MD(General Commercial- NORTH Multiple Family Dwelling)to LI(Light Industrial)District and a specific use permit to mar a machine shop. A Location: 3140 Blanchette SCALE Applicant: Mike PoDock,Sr. V-2009 ' 140 -- Now s BLANCHiETTE ST.MW AW_ AV:R —1 v f,3 3 1. BOLIYAR ST. I '..i 33 L7 •av �7` x - - Cdr ,Irr 4or lap Mf AIR • AP • t! M �I !t t! - 'r. i- R - _ _• t ' Or a . M _a- r ~� At ' of Ar AV N _i e • .r • t • i s • • t i - { AN! - • •tiJ 4 '- 1 aw• r• ,� - 1 /r wr CORLEY AVE.. it's 1 I • t ! t / s • I T_ EXHIBIT "A" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MACHINE SHOP IN AN LI (LIGHT INDUSTRIAL) DISTRICT LOCATED AT 3140 BLANCHETTE 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 Mike Pollock to allow a machine shop in an LI (Light Industrial) District located at 3140 Blanchette, being the W 150' of Tr. 2, Block 11 and 112.67' of Tr. 3, Block 11, Cartwright and Roberts Addition, City of Beaumont, Jefferson County, Texas, containing .819 acres, more or less 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 machine shop in a Ll (Light Industrial) District located at 3140 Blanchette, being the W 150' of Tr. 2, Block 11 and 112.67' of Tr. 3, Block 11, Cartwright and Roberts Addition, City of Beaumont, Jefferson County, Texas, containing .819 acres, more or less as shown on Exhibit "A" attached hereto, is hereby granted to Mike Pollock, his legal representatives, successors and assigns, subject to the following conditions: 1) Provide one (1) disabled parking stall (with sign). 2) Modification to the landscaping requirements for the parking lot. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 24th day of August, 2004. - Mayor Evelyn M. Lord - FILE 1727-Z/P: Request for a zone change from GC-MD(General Commercial- NORTH Multiple Family Dwelling) to LI(Light Industrial) District and a spec use permit to allow a machine shop. • Location: 3140 Blanchette SCALE Applicant: Mike Pollock,Sr. i"=200' �/^ :c 0 E) 0 0 1s r r • _ Z BLANCHETTE ST. rat • -r I i ' � y t � • - . AM W AM Its A M if is 7 17 At 10 r • 1 l l I 1 I j t I - � 4 . 1 t ss A = CORLEY AVE.. , AV PS ASW - .w -:W Rt� ~ EXHIBIT "A" t �7ATE 10 F+A I r 36 28VZD\0 , ICe A4.4 1L 8ox45 Il4XA0. 'A4;4CH1.vE 3`4k? Sy Fr \ (7 t' o N VOTES �i f�yD2AUGIGS r \q` 1 ) Site fenced with 8 ' chain link const . 3 500 N' 2 ) Site requires no modification . - 3 ) Site drains to open ditch at street . 4 ) Signage to be minimal . 5 ) Building "A" 10 ' eave ht/ single story 6) Building "B" 14 ' eave ht/ single story 7 ) Building "C" 18 ' eave ht/ single story M X .� Total Area: . 819 Acres Scale 40 .0 ' = 1 " Owner : Jerry Burroughs �p *Approval subject to providing one disabled Tenant :. A-1 Machine / Mike Pollack Sr . parking stall(with sign)and with a modification to the landscaping requirements for the parking lot. Z August 24, 2004 Consider approving a request for a zone change from A-R(Agricultural-Residential)to GC-MD- 2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a credit union in the 3200 block of N. Major Drive `�' e City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 17, 2004 REQUESTED ACTION: Council consider a request for a zone change from A-R(Agricultural- Residential) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a credit union in the 3200 block of N. Major Drive. RECOMMENDATION The Administration recommends approval of a zone change from A-R(Agricultural-Residential)to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a credit union in the 3200 block of N. Major Drive. BACKGROUND Mid-County Teachers Credit Union(MCT), the property owner, is requesting a zone change from A-R to GC-MD-2 and a specific use permit to allow the construction of a 5,968 sq. ft. credit union. MCT owns an 8.7 acre tract of land in the 3200 block of N. Major Drive. The credit union would be built on a 1.3 acre tract of land. In addition to this structure,plans call for the eventual development of three other commercial pad sites of approximately one acre in size and a 4.35 acre site for a future strip center. Specific use permits would be required for any additional development on the remainder of the property. The application states that"it is MCT's intention to develop the property in such a manner as to limit and control the future utilization of the property to businesses which would be attractive in their services and products offered to area residents and which would not be economically detrimental to the area's home values or offensive in their products or services." The application lists a number of business activities that would be acceptable to the MCT in developing the property. Such uses include: a pharmacy, nursery/child care center, day school, restaurant/delicatessen, general retail stores (including clothing, sporting goods, bookstores, toys/hobbies and general merchandising), realtors, pet store, home furnishings/decorative services, professional services and low-rise commercial office building. The Comprehensive Plan designates this area as a Neighborhood Growth Unit. As such,commercial development would occur at the intersections of major thoroughfares. In 2000, a zone change request for this property was denied by City Council. The applicant was requesting GC-MD and wanted to construct a self-storage facility. The justification for the denial was that it was not in conformance with the Comprehensive Plan. However, in 2002,the Planning Commission and City Council approved a zone change to GC-MD and GC-MD-2 for 2,000 feet of frontage along Major, south of Folsom While strip commercial should be avoided, it could be argued that the precedent has been set for commercial development along the frontage of this section of Major Drive. As there is single family development south of the subject property, commercial development would extend no further. The next property zoned commercial is approximately 680'south of the subject property. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 16, 2004,the Planning Commission voted 9:0 to deny a zone change from A-R (Agricultural-Residential) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow a credit union in the 3200 block of N. Major Drive. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. The"20% Rule" Section 30-40. D. of the Zoning Ordinance states the following: Protest: The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change,signed by the owners of twenty(20)percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred(200)feet therefrom,except by the favorable vote ofthree-fourths(3/4)ofall the members ofthe City Council. This means that in order to approve a zone change or specific use permit when the 20%rule has been invoked at least six Council members must vote in favor of the Ordinance. On File 1729-Z/P, a protest of over 20%was received,therefore invoking the Rule on this case. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED A-R (AGRICULTURAL-RESIDENTIAL) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED IN THE 3200 BLOCK OF N. MAJOR DRIVE, 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 A-R(Agricultural-Residential) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located in the 3200 block of N. Major Drive, City of Beaumont, Jefferson County, Texas, as described on Exhibits "A" and "B", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations 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 on this the 24th day of August, 2004. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES ZONE CHANGE Being a 8.7079 acre but of land (gross)situated in the H. Williams Survey, Abstract No. 56, Beaumont, Jefferson County, Texas, and being more fully described by metes and bounds as follows, to-wit: Beginning at a found concrete monument at the intersection of the east right of way line of F.M. Highway 364 as described in a deed to the city of Beaumont recorded under County Clerk's file No. 9433691 Official Public Records of Real Property,Jefferson County, Texas,with the south line of a 156.68 acre tract of land described in a deed to Stanolind Oil and Gas Company, recorded in Vol. 397, Pg. 281 Deed Records of Jefferson County, Texas, also being in the north line of a called 29.21 acre tact of land described in a deed to Yount-Lee Oil Company recorded in Vol. 378, Pg. 271, Deed Records of Jefferson County, Texas, said monument being the"Point of Beginning"of the herein described tract of land; Thence N. 87* 13' 56" E. with the common line of said 156.68 acres and said 29.21 acres, for a distance of 518.71 feet to a found iron rod for corner in a field road; Thence S. 02* 57' 47"E. with the common of said 29.21 acre tract and the boundary of a 78.876 acre tract of land described in a deed to H. G. Nichols, Sr. recorded under Film Code Number 104-95-1124 Real Property Records of Jefferson County, Texas, for a distance of 731.22 feet to a found iron rod for comer, Thence S. 87* 19' 47"W. with the boundary of said 78.876 acre tract of land for a distance of 502.44 feet to a found iron rod for comer; Thence N. 76* 07' 30" W. with the boundary of said 78.876 acre tract of land for a distance of 17.85 feet to a found iron rod for comer in the east right of way line of F. M. Highway 364; Thence N. 02* 53' 55" W. with the east right of way line of F. M. Highway 364 for a distance of 725.25 feet to the"Point of Beginning", enclosing 8.7079 acres of land (gross) and being that same tract of land which is described in a deed executed by Scott Monroe to James Corkran Enterprises, Inc. recorded under County Clerk's File No. 2001000670 Official Public Records of Real Property, Jefferson County, Texas. EXHIBIT "A" LEGAL DESCRIPTION FOR ORDINANCE PURPOSES SPECIFIC USE PERMIT Being a 1.296 acre tract of land situated in the H. Williams Survey,Abstract No. 56, Beaumont, Jefferson County,Texas,and being more fully described by metes and bounds as follows, to-wit: Beginning at a found concrete monument at the intersection of the east right of way line of F.M. Highway 364 as describda in a deed to the city of Beaumont recorded under County Clerk's file No. 9433691 Official Public Records of Real Property, Jefferson County, Texas,with the south line of a 156.68 acre tract of land described in a deed to Stanolind Oil and Gas Company, recorded in Vol. 397, Pg. 281 Deed Records of Jefferson County, Texas, also being in the north line of a called 29.21 acre tract of land described in a deed to Yount-Lee Oil Company recorded in Vol. 378, Pg. 271, Deed Records of Jefferson County, Texas,and continuing south along the east right of way line of F.M. Highway 364 a distance of 336.58 feet to the"Point of Beginning"of the herein described tract of land; Thence N. 87* 13' 56"E for a distance of 259.0 feet to a corner; Thence S. 02* 57' 47"E. for a distance of 218.0 feet to a corner; Thence S. 87* 19' 47" W. for a distance of 259.0 feet to a corner; Thence N. 02* 53' 55" W. continuing north along the east right of way line of F. M. Highway 364 for a distance of 218.0 feet to the"Point of Beginning',enclosing 1.296 acres of land. • e ' FILE 1729-Z/P: Request for a zone change from A-R(Agricalturi&Residential)to NORTH GC-MD-2(General Commercial-Multiple Family Dwelling-2)with a specific use A permit to allow a credit union. Location: 3500 block of N.Major Drive SCALE Applicant: S. L.L Group,Inc. 1"=2009 w RmSrr. 01 Io _ !r- I WINN 498 P RM7H w t L' V L 0 �J a • EXHIBIT "B" e ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CREDIT UNION IN A GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED IN THE 3200 BLOCK OF N. MAJOR DRIVE, 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 Mid-County Teachers Credit Union (MCT) to allow a credit union located in the 3200 block of N. Major Drive, City of Beaumont, Jefferson County, Texas, 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a credit union located in the 3200 block of N. Major Drive in an GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District as shown on Exhibit "A" attached hereto, is hereby granted to Mid-County Teachers Credit Union (MCT), its 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 on this the 24th day of August, 2004. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES - ZONE CHANGE Being a 8.7079 acre tract of land (gross)situated in the H. Williams Survey, Abstract No. 56, Beaumont,Jefferson County, Texas, and being more fully described by metes and bounds as follows, to-wit: Beginning at a found concrete monument at the intersection of the east right of way line of F.M. Highway 364 as described in a deed to the city of Beaumont recorded under County Clerk's file No. 9433691 Official Public Records of Real Property,Jefferson County, Texas,with the south line of a 156.68 acre tract of land described in a deed to Stanolind Oil and Gas Company, recorded in Vol. 397, Pg. 281 Deed Records of Jefferson County, Texas, also being in the north line of a called 29.21 acre tract of land described in a deed to Yount-Lee Oil Company recorded in Vol. 378, Pg. 271, Deed Records of Jefferson County, Texas, said monument being the"Point of Beginning"of the herein described tract of land; Thence N. 87* 13' 56" E. with the common line of said 156.68 acres and said 29.21 acres, for a distance of 518.71 feet to a found iron rod for corner in a field road; Thence S. 02* 57' 47" E. with the common of said 29.21 acre tract and the boundary of a 78.876 acre tract of land described in a deed to H. G. Nichols, Sr. recorded under Film Code Number 104-95-1124 Real Property Records of Jefferson County, Texas, for a distance of 731.22 feet to a found iron rod for comer, Thence S. 87* 19' 47" W. with the boundary of said 78.876 acre tract of land for a distance of 502.44 feet to a found iron rod for comer; Thence N. 76* 07' 30" W. with the boundary of said 78.876 acre tract of land for a distance of 17.85 feet to a found iron rod for comer in the east right of way line of F. M. Highway 364; Thence N. 02* 53' 55" W. with the east right of way line of F. M. Highway 364 for a distance of 725.25 feet to the"Point of Beginning", enclosing 8.7079 acres of land (gross) and being that same tract of land which is described in a deed executed by Scott Monroe to James Corkran Enterprises, Inc. recorded under County Clerk's File No. 2001000670 Official Public Records of Real Property, Jefferson County, Texas. EXHIBIT "A" LEGAL DESCRIPTION FOR ORDINANCE PURPOSES - SPECIFIC USE PERMIT Being a 1.296 acre tract of land situated in the H. Williams Survey, Abstract No. 56, Beaumont,Jefferson County,Texas, and being more fully described by metes and bounds as follows, to-wit: Beginning at a found concrete monument at the intersection of the east right of way line of F.M. Highway 364 as describd3 in a deed to the city of Beaumont recorded under County Clerk's file No. 9433691 Official Public Records of Real Property,Jefferson County, Texas, with the south line of a 156.68 acre tract of land described in a deed to Stanolind Oil and Gas Company, recorded in Vol. 397, Pg. 281 Deed Records of Jefferson County, Texas, also being in the north line of a called 29.21 acre tract of land described in a deed to Yount-Lee Oil Company recorded in Vol. 378, Pg. 271, Deed Records of Jefferson County, Texas, and continuing south along the east right of way line of F.M. Highway 364 a distance of 336.58 feet to the "Point of Beginning"of the herein described tract of land; Thence N. 87* 13' 56" E for a distance of 259.0 feet to a corner; Thence S. 02* 57' 47"E. for a distance of 218.0 feet to a corner; Thence S. 87* 19' 47" W. for a distance of 259.0 feet to a corner; Thence N. 02* 53' 55" W. continuing north along the east right of way line of F. M. Highway 364 for a distance of 218.0 feet to the "Point of Beginning",enclosing 1.296 acres of land. zia•-o• (t)r■a PER - 0'rR14'/26E o4 ruT RC stow or win ► > rRONTAOS . 6u•A au'/K . 11.7E TRSa REQ. 0.711 TRKlS REQUIRD, 0 TREES PROVIDED n 1 7' K6R SENDS LDtE PROVmsa AS SCUM FROM SIGHT OF WAY no= n 12•-0 I 12•-0' 27*-0' 24'-0' ADIACZWT TOACr-COMMIMIC At. no 4CNNSNINO REQvum i' ® I�UMPSTER ENCLOSURE W/ B• TALL CEDAR FENCE 1v ADIACaf!TLICP - COMMURCILL NO DoWu a tsnvn® 29 EMPLOYEE PARKING eACEi �ICe+ 1 ADUCINT TRACT - COYYERCIAI. NO SCRZrMa REQVU= 1 a 1 § i ,-STsgvfR CTV CRmrr UNION t-smsY mlvcruRE 0 UWNQ SWIM 00'-0' A.FY. § b 1 0'-0• MOR s 6'-0'AIDE MASONRY YONUYENT WON 12'-0 1R•-o' -1 f tY-0' H'-0' 24 Qr x -at TO YATCR SUMUO MMOR PARCH$REQV>RKI 5.1146 6Q. rr. • a SPACW/1000 6Q. rr. b p12 O5� G PING © Y ® 1 PARK/loon C a . 83.872 RPACS6 REQUm)m . 0 Wt rAREato Psormtm:u rASSnto ePACSS ntcumnla TAO(6)VAN-ACCR SIM RANDICAPPtm SPACES. ACULAOMM c i $ 1 SITE ovit KAa46 SQUARE rr. ( 0.81% AC1tE0) NN . LOT COVERAOEt 011,K6 PQ. R. (70.01x) n N N � ° 1 1 i MC § o Credit Unio 11 SPCA R n—O'————`——o -o Y-0" — 72'-r———23' 11• — 2•-it• it 21 MENDER PARKING 5PACES PRIVE-UP ATM �SIT� )aLAN ME 111 0 0 0 0 0 0 u 0 60' .N.V.A.C EASEMENT DU tf BACK i N012TH — --� _ O•b•m O—e TA—O•o A-o O•�•-O• :!--- • 1 . . c�.s.0 W 1 n r /`1 0 21, EASE i 0' t W7 E '�.JT ;�.f] ; i ,A 160•-]' 30•_O. tt•_R' MAJO: nF-1 VF= 3 August 24,2004 Consider approving a request for a zone change from NC (Neighborhood Commercial)to RS (Residential Single Family Dwelling) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the east side of Dowlen Road, south of the Gulf Employees Credit Union I ...N. IN~ City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 17, 2004 REQUESTED ACTION: Council consider a request for a zone change fromNC(Neighborhood Commercial) to RS (Residential Single Family Dwelling) and GC- MD-2(General Commercial-Multiple Family Dwelling-2)District for property located on the east side of Dowlen Road, south of the Gulf Employees Credit Union. RECOMMENDATION The Administration recommends approval of a zone change from NC(Neighborhood Commercial) to RS (Residential Single Family Dwelling) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the east side of Dowlen Road, south of the Gulf Employees Credit Union. BACKGROUND Fittz & Shipman, Inc., the applicant, has been retained to make application for two zone change requests for a 3.374 acre tract ofland adjacent to the GulfEmployees Credit Union on Dowlen Road. These requests will provide 1.93 acres of RS zoning along Wellington Place and 1.44 acres of GC- MD-2 zoning with frontage on Dowlen Road. Six residential lots are proposed in the RS zoning. While no specific permit is being submitted at this time,a layout for a proposed business office park on the GC-MD-2 acreage has been included with the application. Before development of that portion of the property, a specific use permit must be approved. In 2003,the City Council denied a request for a zone change and a specific use permit to allow over 21,000 sq. ft. of office/retail on 2.1 acres. That request included part of the subject tract. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 16, 2004, the Planning Commission voted 8:0 to approve a zone change from NC(Neighborhood Commercial)to RS(Residential Single Family Dwelling)and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property located on the east side of Dowlen Road, south of the Gulf Employees Credit Union. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. 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, BYCHANGING THE ZONING OF PROPERTY PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AND GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF DOWLEN ROAD, SOUTH OF THE GULF EMPLOYEES CREDIT UNION, 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 NC (Neighborhood Commercial) District to RS (Residential Single Family Dwelling) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the east side of Dowlen Road, south of the Gulf Employees Credit Union, more or less, as described on Exhibits "A" and "B", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations 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 on this the 24th day of August, 2004. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCES PURPOSES -GC-MD-2 That certain 1.442 acre tract out of the H. Williams Survey,Abstract 56, Jefferson County, Texas, and being out of and a part of those called 3.947 and 1.084 acre tracts conveyed to Gulf Employees Credit Union as recorded in Clerics File No. 9701757 of the Official Public Records of Jefferson County, Texas, said 1.442 acres being more particularly described by metes and bounds as follows: Basis of Bearings is along the southwesterly line of the said 3.947 acre tract having been called North 51°54'51'West 416.55 feet BEGINNING at a 5/8' iron rod found in the easterly right-of-way line of Dowlen Road (100' R_O.W.) and the northeasterly right-of-way line of that 100-foot wide Jefferson County Drainage District No. 6 drainage ditch as recorded in Volume 1952, Pages 63, 78, &467 and Volume 1955 Page 419 of the Deed Records of Jefferson County, Texas for the southwest comer of the said 3.947 and 1.442 acre tracts; THENCE North 33 031'05" East along the said easterly right-of-way line of Dowlen Road a distance of 96.30 feet (called North 33°31'03" East) to a %* iron rod found for the northwest comer of the said 1.442 acre tract; THENCE South 56°28'57' East a distance of 150.00 feet to a point for comer, THENCE North 78°41'59' East a distance of 189.18 feet to a point for the northeast comer of the said 1.442 acre tract; THENCE South 01 007'44' East a distance of 324.66 feet to a point in the said northeasterly right-of-way of the Jefferson County Drainage District No. 6 drainage ditch and the southwesterly line of the said 1.084 acre tract for the southeast comer of the said 1.442 acre tract; THENCE North 51 055'29' West along the said northeasterly right-of-way of the Jefferson County Drainage District No. 6 drainage ditch and the said southwesterly line of the 1.084 acre tract a distance of 53.96 feet to a W iron rod found for an angle point; THENCE North 51 054'51'West continuing along the said northeasterly right-of-way of the Jefferson County Drainage District No. 6 drainage ditch and the southwesterly line of the said 3.947 acre tract a distance of 416.31 feet(called North 51°54'51'West 415.55 feet)to the POINT OF BEGINNING and containing 1.442 acres of land, more or less. EXHIBIT "A" LEGAL DESCRIPTION FOR ORDINANCES PURPOSES-RS That certain 1.932 acre tract out of the K WIfMM Survey,Abstract 56, Jefferson County, Texas, and being out of and a part of those called 3.947 and 1.084 acre tracts conveyed to Gulf Employees Credit Union as recorded in Clerks File No. 9701757 of the Official Public Records of Jefferson County, Texas, said 1.932 acres being more particularly described by metes and hounds as follows: Basis of Bearings is along the southwesterly line of the said 3.947 acre tract having been called North 51054'51*West 416.55 feet -" COMMENCING at a Mr iron rod found in the easterly right-of-way line of Dowien Road (100' R.O.W.) and the northeasterly right-of-way line of that 100-foot wide Jefferson County Drainage District No. 6 drainage ditch as recorded in Volume 1952, Pages 63, 78, 8 467 and Volume 1955 Page 419 of the Deed Records of Jefferson County, Texas for the southwest comer of the said 3.947 acre tract; THENCE South 51054'51* East along the northeasterly right-of-way of the Jefferson County Drainage District No. 6 drainage ditch and the southwesterly line of the 3.947 acre tract a distance of 416.31 feet to a W iron rod found for an angle point; THENCE South 51°55'29' East continuing along the said northeasterly right-of-way of the Jefferson County Drainage District No. 6 drainage ditch and the southwesterly line of the 1.084 acre tract a distance of 53.96 feet to the southwest corner of the said 1.932 acre tract and the POINT OF BEGINNING; THENCE North 01°OT44'West a distance of 324.66 feet to a point for comer, THENCE North 35°4674' East a distance of 213.08 feet to a point in the northeasterly line of the said 3.947 acre tract for the northwest comer of the 1.932 acre tract; THENCE South 56°28'5T East along the said northeasterly line of the said 3.947 acre tract a distance of 53.07 feet to a point in the west right-of-way line of Wellington Place for the northeast comer of the said 3.947 and 1.932 acre tracts; THENCE South 01°OT44'East along the said west line of Wellington Place and the east line of the said 1.084 and 3.947 acre tracts a distance of 481.07 feet to a %" capped iron rod found for an angle point; THENCE South 01'09'54' East continuing a" the said west line of Wellington Place and the said east line of the 1.084 acre tract a distance of 86.87 feet to a DD#6 capped iron rod found in Ow said northeasterly right-of-way One of the said Jefferson County Drainage District No. 6 drainage ditch for the southeast comer of the said 1.084 and 1.932 acre tracts; THENCE North 76°44'04'West along the said northeasterly right-of-way line of the said Jefferson County Drainage District No. 6 drainage ditch and the southwesterly line of the said 1.084 acre tract a distance of 68.26 feet to a %* iron rod found for an angle point; THENCE North 51 055'29'West continuing along the said northeasterly right-of-way line of the Jefferson County Drainage District No. 6 drainage ditch and the said southwesterly line of the 1.084 acre tract a distance of 136.19 feet to the POINT OF BEGINNING and containing 1.932 acres of land, more or less. i r File 1732-Z: Request for a zone change from NC(Neighborhood Commercial) to RS NORTH (Residential Single Family Dwelling) District and GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District. Location: East side of Dowlen Raod,south of the Gulf Employees,Credit Union SCALE Applicant: Fittz and Shipman, Inc. R- r GC-MD-22 1 RM H a W1 a_ Z. r� > %s3 k - RM 'H P �.• c t6✓ pcOTTONTAIL TRAIL. T X -r+ O 3 y 4 WEL.UNGTON PLACE ---- cs �.,` av "�y iITZ�J" ►, � �; • ` Aw f Iiif; !7a it lOT ���11 .w ;� 9 rwv t� • . �� 2 r - M'� E HIBIT ' " 4 August 24,2004 Consider approving a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)to RS (Residential Single Family Dwelling) District for 1.97 acres of land located on the east side of Old Voth Road, north of Lawrence Drive City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson,Planning Manager MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 17, 2004 REQUESTED ACTION: Council consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to RS (Residential Single Family Dwelling) District for 1.97 acres of land located on the east side of Old Voth Road, north of Lawrence Drive. RECOMMENDATION The Administration recommends approval of a zone change from GC-MD (General Commercial- Multiple FamilyDwelling)to RS(Residential Single Family Dwelling)District for 1.97 acres of land located on the east side of Old Voth Road, north of Lawrence Drive. BACKGROUND Faust Engineering&Surveying,Inc.,the applicant,has made application to rezone 1.97 acres of land fronting on Old Voth Road to RS for single family residential development. The proposal for the RS zoning includes 16 single family residential lots with a typical lot size of 50'x 100'. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 16, 2004, the Planning Commission voted 8:0:1 to approve a zone change from GC-MD (General Commercial-Multiple Family Dwelling)to RS (Residential Single Family Dwelling)District for 1.97 acres of land located on the east side of Old Voth Road, north of Lawrence Drive without specifying lot size. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. 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 GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICTTO RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR 1.97 ACRES OF LAND LOCATED ON THE EAST SIDE OF OLD VOTH ROAD, NORTH OF LAWRENCE DRIVE, 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 GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District for 1.97 acres of land located on the east side of Old Voth Road, north of Lawrence Drive, City of Beaumont, Jefferson County, Texas, as described on Exhibits "A" and "B", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations 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 on this the 24th day of August, 2004. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES - ZONE CHANGE BEING a 1.97 acre tract situated in the W. B. Dyches Survey, Abstract No. 17,Jefferson County, Texas, said 1.97 acres being a portion of Lots 1 through 6, Block 2 and a portion of a 30' Lateral of the Suburban Acres Addition, a map or plat of which is recorded in Volume 8, Page 202 of the Map Records of Jefferson County, Texas and a portion of a 0.366 acre tract out of the said W. B. Dyches surrey, said 1.97 acre tract be more particularly described as follows: BEGINNING at a 1/2" iron rod found in the East right-of-way line of Old Voth Road marking the Northwest corner of Lot 7, Block 2 of Suburban Acres Addition and the Southwest comer of the said Lot 6; THENCE North 06°03'00" West (reference bearing), along the East right- of-way line of Old Voth Road and the West line of the said Lot 6. a distance of 100.04 feet (called 100.00 feet) to a 1/2" capped iron rod found marking the Northwest corner of the said Lot 6 and the most Westerly Southwest comer of the said 30' Lateral: THENCE North 06°01'41" West (called North 06°03'00" West) along the East right-of-way line of Old Voth Road and the West line of the said 30' Lateral, a distance of 29.94 feet (called 30.00 feet) to a 1/2" iron rod found marking the Northwest comer of the said 30' Lateral and the Southwest comer of the said Lot 5; THENCE North 06°06'12" West (called North 06°03'00" West) along the East right-of-way line of Old Voth Road, a distance of 352.35 feet (called 353.00 feet) to a 1/2" iron rod found marking the Northwest corner of the said Lot 3 and the Southwest corner of the said Lot 2; THENCE North 05°59'32" West (called North 06°03'00" West) along the East right-of-way line of Old Voth Road, a distance of 133.77 feet (called 133.80 feet) to a 1/2" iron rod found at an angle point in the East right-of- way line of Old Voth Road and the West line of the said Lot l; THENCE North 10°00'44" West (called North 09 045'00" West), along the East right-of-way line of Old Voth Road and the West line of the said Lot 1, a distance of 86.19 feet (called 86.20 feet) to a 1/2" iron rod found marking the Northwest corner of the said Lot 1 and the Southwest comer of the said 0.366 acre tract; THENCE North 09 048'35" West (called North 09 045'00" West) along the East right-of-way line of Old Voth Road and the West line of the said 0.366 acre tract, a distance of 110.08 feet (called 110.05 feet) to a 1/2" iron rod found marking the Northwest corner of the said 0.366 acre tract and the Southwest corner of that certain tract now or formerly, Ben Franklin Financial, Inc. as conveyed in Film Code No. 104-97-0168 of the !official Public Records of Real Propem, Jefferson County, Texas. EXHIBIT "A" LEGAL DESCRIPTION FOR ORDINANCE PURPOSES - ZONE CHANGE THENCE North 87 049'26" East (called North 87 053'00" East) along the South line of the said Ben Franklin Financial tract and the North line of the said 0.366 acre tract, a distance of 140.99 feet (called 140.90 feet) to a 1 1/4" pinch pipe found located in the West line of the said lateral and marks the Southeast corner of the said Ben Franklin Financial tract and the Northeast comer of the said 0.366 acre tract; THENCE South 14018'26" East (called South 14'15'30" East) along the East line of the said 0.366 acre tract and the West line of the said Lateral, a distance of 103.05 feet to a 3/8" iron rod set for comer; THENCE South 83°57'00" West a distance of 42.11 feet to a 3!8" iron rod set for corner, THENCE South 06°03'00" East a distance of 700.00 feet to a 3/8" iron rod set for corner in the South line of the said Lot 6 and the North line of the said Lot 7; THENCE South 83°42'26" West (called South 83°5700" West) along the South line of the said Lot 6 and the North line of the said Lot 7, a distance of 100.00 feet to the POINT OF BEGINNING and containing 1.97 acres of land, more or less. FILE 1733-Z✓P: Request for a zone change ifrom GC MD (Veneni Commercial- NORTH Multiple Family DweWmg)to RS Maidentiw Single Family Dwelling)District and a = spec use permit to allow self storage facility in a GC MD(General Commercial- Multiple Family Dwelling)District. - L SCALE ocation: Zone change-east side of Old Voth Road,north of Lawrence Thrive 1"-2001 - Specific use permit-8161 Easte:Freeway - - - Applicant: Faust Engineering& Sury eying,Inc. - f - - - ��•. ^�-•-ter �<;_, �.., •� �i � ` • � � v i.3.-'ate_ _ . - �a lire Ora ,a•i As. '` • of Ala Gj . * RsMdmmvoH OL AN AW �..� IXHIBIT " 5 August 24, 2004 Consider approving a request for a specific use permit to allow a self storage facility in a GC-MD (General Commercial-Multiple Family Dwelling)District at 8161 Eastex Freeway .W~..... Cit y of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 17, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a self storage facility in a GC-MD (General Commercial-Multiple Family Dwelling)District at 8161 Eastex Freeway. RECOMMENDATION The Administration recommends approval of the specific use permit to allow a self storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District at 8161 Eastex Freeway. subject to the following conditions: 1) The lot being graded to drain towards the street and not onto adjacent properties. (City Engineer) 2) Some buildings modification may be required to ensure internal traffic circulation. (Traffic Manager) 3) Separating the neighboring residential properties from the commercial property by landscaping and screening. BACKGROUND Adams Storage, the property owner, is requesting a specific use permit to expand its existing self storage facility at 8161 Eastex Freeway. The specific use permit would allow the construction of approximately 42,600 sq. ft. of additional warehouse area. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 16, 2004, the Planning Commission voted 8:0:1 to approve a specific use permit to allow a self storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District at 8161 Eastex Freeway subject to the following conditions: 1) The lot being graded to drain towards the street and not onto adjacent properties. (City Engineer) 2) Some buildings modification may be required to ensure internal traffic circulation. (Traffic Manager) 3) Separating the neighboring residential properties from the commercial property by landscaping and screening. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SELF-STORAGE FACILITY IN A GC- MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 8161 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Adam's Storage to allow a self-storage facility in a GC-MD(General Commercial- Multiple Family Dwelling) District located at 8161 Eastex Freeway, 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 self-storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 8161 Eastex Freeway, as shown on Exhibit "B" attached hereto, is hereby granted to Adam's Storage, its legal representatives, successors and assigns, subject to the following conditions: ► The lot being graded to drain towards the street and not onto adjacent properties. (City Engineer). ► Some buildings modification may be required to insure internal traffic circulation. (Traffic Manager). ► Separating the neighboring residential properties from the commercial property by landscaping and screening. Section 2. That the specific use permit herein granted is expressly issued forand in accordance with each particular and detail of the site plan attached hereto as Exhibit"C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 24th day of August, 2004. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES -SPECIFIC USE PERMIT BELNG a 1.70 acre tract situated in the W. B. Dyches Survey, Abstract No. 17, Jefferson County, Texas, said 1.70 acres being a portion of Lots 1 through 6, Block 2 and a portion of a 30' Lateral of the Suburban Acres Addition, a map or plat of which is recorded in Volume 8, Page 202 of the Map Records of Jefferson County, Texas and a portion of a 0.366 acre tract out of the said W. B. Dyches survey, said 1.70 acre tract be more particularly described as follows: _r Note; Bearing along Old Voth Road was used for reference COMMENCING at a '/2" iron rod found on the west line of said Lot 6 being the east line of Old Voth Road; THENCE North 83°42'26" East (called North 83°57'00" East) along the south line of Lot 6, a distance of 100.00 feet to a ''/2' iron rod set for the southwest comer of the said 1.70 acre tract and being the POINT OF BEGINNING; THENCE South 06°03'00" East, a distance of 700.00 feet to a %2" iron rod set for the northwest corner of the said 1.70 acre tract; THENCE North 83°57'00" East, a distance of 42.11 feet to a '/2" iron rod set for the northeast comer of the said 1.70 acre tract and a point in the west line of the said 30' Lateral: THENCE South 02'12'25" East along the said west line of the 30' Lateral, a distance of 257.23 feet to a 1/2" iron rod found for corner: THENCE South 89°12'52" East, a distance of 30.44 feet to a point on the east line of the said 30' Lateral; THENCE South 02°14'03" East along the said east line of the 30' Lateral. a distance of 352.31 feet to a point for comer; THENCE South 35°12'55"West, a distance of 84.20 feet to a point on the south line of said Lot 6; FENCE South 83°42'26" West a distance of 121.90 feet to the POINT OF BEGINNING and containing 1.70 acres of land, more or less. EXHIBIT "A" aQ r d A N - Tim�` �—�•a i.T a [Multiple FILE 1T33-ZM: Request for a zone change fro+s Gc-mD • • Family elliug)to RS(Reskkatia! ( °M C0°��- NORTH . Mnld Fam Dw 3ia�e Faau7y ��and a specific permit to avow self Storage facgity is a GC-MD(Geaeral Commercial- A Family Dwelling)District. - - 3CAI,>C Location: Zone change-east side of Old Voth Road, north of Lawrence Drive SCAL • - Specific use permit-8161 Easte:Freeway _ - Applicant: Faust En gineering d Surveying,iac. - J* Ile ROM-11we H . .r .7- Aw OFL N N - _ -- - AV .CYi r.rK 7 HicNWAY MD. DM, zD e•".::'.e:.:�-_--_-------"_'_ S J CT • o PR T7 � Y Horsy r CONCIVrt DAMW WML MAW AN LWAYN AREAS MA VMS DUILAINOS 'S TNS&SITTING TAASM AWSPUCUS WU Y UMP WMW My NSW IACILI'TI: "W SLTS NO PAMN MOM SSA WS. CACM I IM"A"XWIWiS OgAMW PMN IM &TUMOR SUILNOW. A/tLIS AMD •IJIIMIAAA SM MWAAI M LOAAW S LAMDSCAPINO AND WASIXIMS WMW'N"I COMPOAM TO SSCrMN M-ST AMP M-M SI flMS WT M DSAUMONr SONAMS AAAUTAMQ VICIMIry AO' SCASSNINO DUPPSA WILL W AMA AAMAS/AAIACEMT TO N.T.S. ASSIDSMru"r soon PAOPWWT S MUMS WILL AIA17 A AW M MS/OMr F SICNAOS WILL MOT Df /AEI!M TMIS SITS S THE SITS WILL Df DAAIM D 10 MS COM1'AtTf AnTm LOCH iED ON ME MUM LUIS OP MS PM#MJ"7 •Mw r A.Ar..�r r��'.++. '_• / any/v5.%sm SE A'�tI '6 ..�..r.� •� tub 1 t`eti 4 at Mwk a car de ftomm,% S t cft a.r. ON AS •�•.�.. a ADAM'S AWMM 'Iran i sr u i i Tom. ,i WW i.cur j rorar i 'arz''r i i'WW r i s � " 1 AM trAA�i Ir A. wr. wr.sr ►n'r'P; ~ .w M e W 0 —W � 'w..�r '.•�'.��:.w•"•�•'wri:�~ Ili' Arr.a A—r./SW IAW ape-me ^9/MAA MSG. i ._._.--.-.-._.-._.-•-•-'- - Aitr AEU --- -- - �,t. LEGEND —L--D-- ELECTRIC LINE CONCAETE SURfACE t]A C AIR CONDITIONING UMIL' .«::s::a;x Io"PfMCf —PL—PL— PIPELINE �«J COVERED AREA •PP POWER POLL CMA&N UMA PSNCS -- r-°-°-T— rsupNONE uNf �..'� AOCM OR GRAVEL STREETL1amr ---%V-- RAAMS# Wl"PENCE 1 rr ? *Approval subject to the following conditions: i Q 1) The lot being graded to drain towards the street and not onto adjacent properties. (City Engineer) 2) Some buildings modification may be required to ensure internal traffic circulation. (Traffic Manager) 3) Separating the neighboring residential properties from the commercial property by landscaping and screening. 6 August 24,2004 Consider approving a request for a specific use permit to allow a film and video production facility in an RCR(Residential Conservation and Revitalization) District at 2406 North City of Beaumont :UUE . Council A enda Item .1Z g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 17, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a film and video production facility in an RCR (Residential Conservation and Revitalization)District at 2406 North. RECOMMENDATION The A dministration recommends approval o f a s pecific u se p ermit t o a llow o f ilm a nd v ideo production facility in an RCR(Residential Conservation and Revitalization)District at 2406 North subject to providing a disabled parking stall (with sign), installing an 8' screening fence along the north property line and limiting the sign to no larger than 12 square feet. BACKGROUND Eliot Hall,President of AJK Video Corp.dba Aereon Productions,is requesting a specific use permit to allow the relocation of his video production company to 2406 North Street. This property is the former location of the United Postal Workers union hall. Mr.Hall states that Aereon Productions produces television commercials,safety training videos and marketing programs. The meeting hall will be converted into studio space and the other building will be used for the company's offices. Mr. Hall states that the company employees 2-3 full-time employees. Typical office hours will be 9 a.m. - 5:30 p.m., Monday- Friday. Little traffic will be generated by the business. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 16, 2004, the Planning Commission voted 9:0 to approve a specific use permit to allow a film and video production facility in an RCR (Residential Conservation and Revitalization)District at 2406 North subj ect to providing a disabled parking stall (with sign),installing an 8'screening fence along the north property line and limiting the sign to no larger than 12 square feet. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FILM AND VIDEO PRODUCTION FACILITY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT2406 NORTH 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 AJK Video Corp. dba Aereon Productions to allow a film and video production facility in an RCR (Residential Conservation and Revitalization) District located at 2406 North, being Lot 24 and the W 1/2 of Lot 25, Averill Addition, City of Beaumont, Jefferson County,Texas, containing 0.5 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 film and video production facility in an RCR (Residential Conservation and Revitalization) District located at 2406 North, being Lot 24 and the W Y2 of Lot 25, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.5 acres, more or less as shown on Exhibit "A", attached hereto, is hereby granted to AJK Video Corp. dba Aereon Productions, its legal representatives, successors and assigns, subject to the following conditions. 1) Provide a disabled parking stall (with sign). 2) Install an 8' screening fence along the north property line. 3) Limit the sign to no larger than 12 square feet. 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 on this the 24th day of August, 2004. - Mayor Evelyn M. Lord - • ' ao it s ti I a fis s t � t I mo • i � 1 File 1730-P: Request for a specific use permit to &How a fpm and video production NORTH ---- N facility in an RCR(Residential Conservation and Revitalization)District. A Location: 2406 North ~ l Applicant: AM Video Production Corporation SCALE 1"=200• t• 1, l• N ! t!. ; _ l �' 10 t/ !! 1, a F. 'rI LONG AVE. $ p-v .so- to 71,rg lJ t+ n N A HARRISON AVE. �•g�l 3610 As ow Al 10 , f +r O I t�D7 � t ! • I y � � , � •- tl — # �' 1. ~ ♦ N N 1 M A I • q li .N Irme tJ r IN K HAZEL AVE. $ _ I 'r "I � ♦ 't1 tI S w t0w ! tNC_ _ S NORTH ST. - - --- .� � •j 1 111 . t -1 . t! • r � I l • 1 t l �� � � ,�ItJ n I i1 1 I I.' P , � ♦ l >' ' EXHIBIT «A„ 217 AIky' set (N 90'00'00' E 75.00') 1 Found 12-Rod N 89'42'58' E 75,00' 1/2' Rod d 4 4 25' < G ? a Lot 24 w 112 Lot 25 Block 30 $bck 30 � concrete i parking I f o• 4 24.00 .8 d �o Q ; Lot 23 I Block 30 covered E 112 Lot 25 *4.25' Parking { Block 30 ; 27.20 4 si,79:'e—story metal ^ i :n o 3 3 LO %n r Q a L '13 .+ �. O O + "U C: O !' V . ._ single—story �-o° :B j °o < wood residence bo = cn 2,Z yip .� conc. 24 00 drive 4 p .� s y v e w I Y LC d LAE, Col � i c. c I > 4 4 ¢ -S -E! � Found Found Found Found Rod ff 1/2' Rod 3/4• j 24.97' 3/4 pipe 1 N 89'46'02" W 49.58 N 90'00'00' W 75.00' EXH181'r "13" (basis of bearing 75.00') Surveyors Note(s): North Street _....._._ .._.. I SCALE _ 1'= 20' (60' R.O.W.) (1) This Survey was completed without the benefit of a Tit/e commitment and not CLIENT. Arthur C. Hall 0/1 easements or servitudes, whether of f record or not may have been researched at the time of this survey or shown 1, Mitchell Lee 8rackin, Texas Registered Professional Land Surveyor No. 5163, do hereby certify that / hove made a survey on the ground of the property legally described hereon, that the survey is correct, and that there are no discrepancies or conflicts, shortages in boundaries, encroachments, protrusions, or overlapping of improvements, or 7 August 24, 2004 Consider approving a request for a specific use permit to allow a medical doctor's office in an RCR(Residential Conservation and Revitalization)District at 2115 McFaddin City of Beaumont Council Agenda Item L g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 17, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a medical doctor's office in an RCR (Residential Conservation and Revitalization) District at 2115 McFaddin. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a medical doctor's office in an RCR (Residential Conservation and Revitalization) District at 2115 McFaddin with a modification to the landscaping/screening requirements for the parking lot and along the west property line. BACKGROUND Dr. Dang would like to locate a branch of the Texas Pain Institute at 2115 McFaddin. The Texas Pain Institute is an interventional pain management clinic that deals with the pain associated to trauma, work injury, auto injury, spinal injury or degenerative disease. The institute's main focus is to treat the pain through diagnostic procedures, interventional procedures or medication management. The Texas Pain Institute operates six clinics in Houston. The Beaumont location will operate from 8 a.m.to 5 p.m.,Monday through Friday. The applicant states that medical management will be the method of treatment in Beaumont. However, no narcotics will be housed on the premises. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 16, 2004, the Planning Commission voted 9:0 to approve a specific use permit to allow a medical doctor's office in an RCR (Residential Conservation and Revitalization) District at 2115 McFaddin with a modification to the landscaping/screening requirements for the parking lot and along the west property line. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MEDICAL DOCTOR'S OFFICE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2115 MCFADDIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Dr. Anh T. Dang to allow a medical doctor's office in an RCR (Residential Conservation and Revitalization) District located at 2115 McFaddin, being the E Y2 of Lot 10 and Lots 11-12, Block 16, McFaddin 2nd Addition, City of Beaumont, Jefferson County, Texas, containing 0.40 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 medical doctor's office in an RCR (Residential Conservation and Revitalization) District located at 2115 McFaddin, being the E Y2 of Lot 10 and Lots 11-12, Block 16, McFaddin 2nd Addition, City of Beaumont, Jefferson County, Texas, containing 0.40 acres, more or less as shown on Exhibit "A" attached hereto, is hereby granted to Dr. Anh T. Dang, her legal representatives, successors and assigns, subject to the modification to the landscaping/screening requirements for the parking lot and along the west property line. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property 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 on this the 24th day of August, 2004. - Mayor Evelyn M. Lord - x/00 .. ...a,:.ti, L..urnc: W LFILE 1.728-P: Request four a s is use ReQ pecif permit to alio�a medical doctor's oifTice in an NORTH r RCR Mesidentiai.Conservation and Revitalization)District. i .n• Location: 2115 McFaddin Applicants: John T.DuonB SCALE a. x N.T.S. I I �1. ■ —t_ i HAZEL.AVE. .; .w„ L I 41F r i I •' A\ J4 ! 4'NaR H ST._� s ro Jb Iqt HCa , 4 1 J , .4 .v .tom • ;t `-i •� �I w. .r:- rI IO° H �a' t! N N J• . � � t ,• e � I 2 ND rcca • o s � • t ! i f � it I e ,o t _ _ ri w}`� I g IV ar •t r 1 7' a' FT, i T ►rr• i e y CALDER AVE.� _- - t I1 ♦ I I t t: C re Ii V w x _ BROADWAY AVE. t .� ,r I � .o :. ,t•. • .o :r r - - �� EXHIBIT "A" Lot 9 pt`s' 518 Rod - - ---- - _—_--- Lot 14 -- - --- ---- - -- ---_0e __ ...._ ___ __ G<et S 89`57'40" W 25.00' West half of Lot 10 4rc (west 25.40') N 00'06'54" W 140.21' Found (North 140.00) Set Copped 1120 Rad 112' Rod 'AcoeW Svr My*M a rr East half of Lot 10 asphalt parking _— —..Lot-14 ---- ---- - ---_ __ _ + r' ---- -- Lot 11 j, — �— — 1 � to �, in Lot 1 1 o � x o�tia �� �N cov'd ent z8 s' 20.2 $ .> U14.0' = tv r+• o Lot 1 of 12 —, g 0 office building 6. 0 Lot • 12 on concrete slob. M asphalt Itking X N M s B.5' 2a2' °f CD a 2 J4. I* » b 5' _ cov d entry ,o Found ' cane wolk, "CD 1/2 Rod n South 1 i0' Found I (Assumed Beoring B is = .South 140.00') 112- Rod 8 August 24,2004 Consider approving a request for a specific use permit to allow a restaurant and retail in a GC- M13-2 (General Commercial-Multiple Family Dwelling-2) District located on the west side of Dowlen Road, south of and adjacent to Barrington Heights City of Beaumont 0 Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 17, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a restaurant and retail in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located on the west side of Dowlen Road, south of and adjacent to Barrington Heights. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a restaurant and retail in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located on the west side of Dowlen Road, south of and adjacent to Barrington Heights, subject to the following conditions and with a modification to the landscaping requirements along the north property line: 1) Provide an 8' tall wood screening fence along the north property line. (Planning Manager) 2. Provide the necessary landscaping along the east property line. (Planning Manager) 3. Provide an underground storm sewer pipe drainage system. (City Engineer) BACKGROUND Bryan Lee with Dowlen Road Times Square, Ltd., the applicant and property owner, is requesting a specific use permit to allow the construction of a restaurant and retail space on a 1.13 acre tract of land on the west side of Dowlen Road, south of and adjacent to Barrington Heights. The development will include a 7,065 sq. ft.restaurant and 2,607 sq. ft. of retail. Mr.Lee states that the restaurant will feature upscale casual dining. The retail space will offer for sale wines, spirits, gourmet imported oils and other food stuffs. The restaurant will be open daily until 10 p.m. and the wine shop will close by 9 p.m. Monday- Saturday and will be closed all day Sunday. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 16, 2004, the Planning Commission voted 8:0 to approve a specific use permit to allow a restaurant and retail in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located on the west side of Dowlen Road, south of and adjacent to Barrington Heights,subj ectto installing an T tall double lapping wood privacy fence along the north property line, locating the air conditioning units at the rear of the property, locating the dumpsters where they are not offensive to Barrington Heights residents,providing shielded lighting,providing the necessary landscaping on the north and east sides and providing an underground storm sewer pipe drainage system. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT AND RETAIL SPACE IN A GC-MD-2 (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED ON THE WEST SIDE OF DOWLEN ROAD, SOUTH OF AND ADJACENT TO BARRINGTON HEIGHTS 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 Dowlen Road Times Square, Ltd. to allow a restaurant and retail space in a GC- MD-2 (General Commercial Multiple Family Dwelling-2) District located on the west side of Dowlen Road, south of and adjacent to Barrington Heights, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a restaurant and retail space in a GC-MD-2(General Commercial Multiple Family Dwelling-2) District located on the west side of Dowlen Road, south of and adjacent to Barring Heights, as shown on Exhibit "B" attached hereto, is hereby granted to Dowlen Road Times Square, Ltd., its legal representatives, successors and assigns, subject to the following conditions. 1) Install an 8' tall double lapping wood privacy fence along the north property line. 2) Locate the air conditioning units at the rear of the property 5) Provide the necessary landscaping along the north and east sides 6) Provide an underground storm sewer pipe drainage system. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 24th day of August, 2004. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 1.1364 ace tract or pared of land situated in the Hendaah Whams S+rwy. Abstract No. 56, Jeffwson County,Texas,and being out of and part of that certain called 680.66 acre tract eased"Seooud Tract'n conveyed by Treadway Grad Company at al. to Yount-Lee Ohl Company as recorded m Volume 374, Page 111, Deed Records. Jefferson County, Texas, and also bang out of and pat of that Calais cased 40.5391 acre tract of land as comvsved by Amoco Production Company to Do%%dd Investments, L.td, as recorded m Clark's Ftls No 1999047799, Official Public Records of Real Property, Jeffasan Canty. Texas, sand 1.1 M4 acre tract being mare particularly desrnbed as f0cows: NOrE':.all bean,W my based on the North lint afthar axrrain celled 62.6 13 acre tract. idrntased as Parnl'-S. oa mcorcird in Judgment Dred Vwxber D-103.161 as ma),rded br I bliewe 2214. Page 318. Laced RecordEs.Jefferson Cowit.t. Team BEGINA+'LrG at a 518" iron rod favad for the Norshent corner of the above referenced 30.5391 acre Dowid hnestrne nts, Ltd. tract, said comes also beatg the Southeast calmer of Barrington Heights, Phase L a subdivision of the City of Beaumont, Jefferson Canty.Texas, according to the map or plat tbereoc recorded in V ohtme 1S, Page 348, Map Records, Jefrersm County, Texas, and also be4 in the West right-cf=vay line of Dowleo Road(based an a midth of 100 feet); THENCE South 01°24'09"East, along and with the Wet tight-of-vzY line of Dorm Road,for a durance of=0.00 feet to a point for Colmar, THENCE South SM5'51- West, perpendicular to the West tight-of-wway lime of DoWen Road, for a distance of =5.00 feet to a Point for comer, Tji[ENCE:North 01 024'09"West,paraIlel to the West right-of-way lithe of DovJw Road for a of 220.02 fed to a point for coma, said point being in the South line of the said Bamngton Heights,Phase I and the Notch line of the said 30.5391 acre DovAei Investments, Ltd. tract; TMNCE North 88°36'09"Eat,for the boundary between the said Barmgton Heights, Phase I and the trail haiin descnbed,far a distance of 225.00 feet to the POLNT OF BEGINA'L;G acid conta lag 1.1363 awes,moire at less.. EXHIBIT "A" F Z 1734-P: RegadR for a specirk an pewit to allow a restaurant and rebel in a NORTH GC-MD-2(General Commercial-Multiple Family DweWmg-2)District. Location: West side of Dow len Road,sooft of and adjacent to Barrhogtam Heights Applicant: Dowlen Road 71 mes Square,Ltd. = - SCA" - Y-M.C.A. PU D OFFICE COMPLEX Q►�� t = Cs P¢ GC - MD - 2 CH ,acH � . GC-SID-2 O Z GC MD DELAWARE FUTURE DELAWARE M© EXHIBIT "B„ COMMERCIAL NSWkM!UAKAW A� j7 MffAU.IIUUI)iW U IV UKU33 9.672 sl LXISTLWIkETAII.CBNMWMiL'UMMONDkIVKWAY UROSS:24.1900. It A At 7-L 11 -9,! it J7 iit NI t 101A MWXIR/'AMA I I.W# A11.1 101*ft'M V PX WIS AWWII 1 1111 2S-M- MAN/ROOF PLAN Approval subject to installing an 8'tall double lapping wood privacy fence along the north property line, locating the air conditioning units rr at the rear of the property,locating the dumpsters where they are not 3 offensive to Barrington Heights residents,providing shielded lighting, providing the necessary landscaping on the north and east sides and nrr providing an underground storm sewer pipe drainage system. C" PARKING ANALYSIS AO.1 9 August 24, 2004 Consider adopting an ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States, Inc. and granting a new franchise to Entergy Gulf States, Inc. adopting a new method of compensation A City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 19, 2004 REQUESTED ACTION: Council to consider adopting an ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States,Inc.and granting a new franchise to Entergy Gulf States,Inc. adopting a new method of compensation. RECOMMENDATION Administration recommends approval of an ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States,Inc.and granting a new franchise which will include a new method of compensation to the City for the use of its streets and rights-of-ways. BACKGROUND The State of Texas enacted Senate Bill 7 (76'h Legislature, 1999) which provided for retail electric competition to commence in most of the State on January 1, 2002. That same legislation provided that utilities providing distribution service would begin paying franchise compensation to cities for the right to use city rights-of-ways based on a factor equal to the franchise revenue received by the city during the year 1998 divided by the number of kilowatt hours used in that year. This method of compensation substituted for what was in Beaumont 4% of gross receipts of the company for providing electric service. However, rates for Entergy Gulf States, Inc. in 1998 had been reduced significantly based on pending rate actions. As a result, the factor which was based on 1998 total receipts has not produced revenues for the years 2002,2003 and 2004 that were even equal to 1998 franchise revenues. Franchise revenues to the city have been significantly less than they should have been. MEETING DATE: August 24, 2004 PAGE 2/2 AGENDA MEMO DATE: August 19, 2004 REQUESTED ACTION: New Franchise for Entergy Gulf States, Inc. This problem was discussed with Dan Lawton,an attorney who has represented the coalition of cities in rate matters in the past. He suggested that the law allowed the company and the city to enter into a franchise agreement with new compensation provisions. To that end, we scheduled a meeting on August 5, 2003 with\Entergy Gulf States,Inc. which was coordinated with the City of Port Arthur who had the same franchise compensation problems. At that meeting,the Cities of Beaumont and Port Arthur agreed in principal with Entergy Gulf States, Inc. to a procedure which would result in the enactment of a new franchise agreement which would include a compensation provision that allowed for a per kilowatt hour unit rate calculated on the year 2001. The company was willing to participate in this project so long as they could be made whole for any additional franchise fees,costs or expenses which resulted from the new franchise, its implementation and approval by the Public Utilities Commission of Texas. The new franchise ordinance which is presented today complies with that general understanding in that it provides the City of Beaumont with a new compensation method which will produce revenues above last year's payment in excess of$1,000,000. Additionally,it provides safeguards to insure that the incremental costs of these franchise payments to Entergy Gulf States, Inc. will be collected through a surcharge rider to be approved by the City first and then by the Public Utilities Commission. Additionally, the franchise provides for the reimbursement to the company of any additional expenses or costs associated with the approval of this plan or the implementation of the ordinance. We contemplate that many other cities will enact new franchise ordinances. When they do so they will pay a portion of the additional costs reimbursed to Entergy Gulf States, Inc. BUDGETARYIMPACT The new franchise will produce higher franchise revenues to the City commencing after the franchise and the surcharge rider are approved by the Public Utilities Commission of Texas. Under our Charter,franchises require three readings before they are passed. The franchise does not take effect until sixty(60) days after its adoption on the third and final reading;which means if this ordinance is adopted on the first reading on August 24,2004, it could not be passed until September 28,2004. It would then be effective in late November subject to the approval of the surcharge rider by the Public Utilities Commission of Texas. PREVIOUS ACTION None. SUBSEQUENT ACTION The ordinance must be adopted in accordance with the charter which requires that its adoption must be at least thirty(30) days from its first reading. RECOMMENDED BY City Manager and City Attorney. 10 August 24, 2004 Consider approving a bid for a financing agreement to purchase a fire truck City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 19, 2004 REQUESTED ACTION: Council approval of a bid for a financing agreement. RECOMMENDATION Administration recommends award of a bid for a five (5) year financing agreement with a fixed interest rate of 3.09%to Banc One Leasing Corporation. Funds from the financing agreement will be used to pay for the Pierce Lance 1,500 gallon per minute(gpm)fire truck scheduled for delivery in the first week of September. BACKGROUND Eleven (11)bids were received for a fixed interest rate financing agreement. The total cost of the truck and the amount to be financed is $366,151. Bids were requested for a fixed interest rate to finance the total cost for five(5)years with the first annual payment in arrears. The eleven(11)bids received are as follow: Financial Institution Location Interest Rate Banc One Leasing Corporation Corsicana, TX 3.09% Sun Trust Leasing Towson, MD 3.19% Frost Bank Houston, TX 3.25% Wells Fargo Public Finance Houston, TX 3.374% Lease Purchase Agreement August 19, 2004 Page 2 Financial Institution Location Interest Rate SouthTrust Bank Groves, TX 3.43% Carlyle Financial Services Dallas, TX 3.44% Koch Financial Corporation Scottsdale, AZ 3.52% Baystone Financial Group Manhattan, KS 3.64% Oshkosh Capital Columbus, OH 3.99% Hibernia National Bank Beaumont, TX 4.798% Banc Leasing, Inc. Plano, TX 6.05% The truck was ordered from Martin Apparatus, Inc. through the Houston-Galveston Area Council purchasing cooperative. BUDGETARY IMPACT An amortization schedule indicating the cost of the financing agreement is as follows: Payment No. Payment Amount Interest Principal Purchase Option 1 $80,156.31 $11,314.07 $68,842.24 $297,308.76 2 $80,156.31 $9,186.84 $70,969.47 $226,339.20 3 $80,156.31 $6,993.88 $73,162.43 $153,176.86 4 $80,156.31 $4,733.17 $75,423.14 $77,753.72 5 $80,156.31 $2,402.59 $77,753.72 -0- TOTAL $400,781.55 $34,630.55 $366,151 The first annual payment of$80,156.31 will be due one(1)year after execution of the agreement. Lease Purchase Agreement August 19, 2004 Page 3 PREVIOUS ACTION The purchase of the equipment was authorized by City Council by Resolution No. 04-012, dated January 13, 2004, SUBSEQUENT ACTION None. RECOMMENDED BY The City Manager, Central Services Director and Finance Officer. IN~ INTER-OFFICE MEMORANDUM City of Beaumont, Texas Finance Department Date: August 18, 2004 To: Kyle Hayes, City Manager From: Kandy Daniel, Treasurer Subject: Lease Purchase Financing COMMENTS The City has approved the purchase of a fire truck costing $366,151 for which lease purchase financing is available. The lowest quoted interest rate is a fixed rate of 3.09% for 5 Years in arrears which was received from Banc One Leasing Corporation to finance (Municipal lease Purchase) the purchase of the equipment. If the City invested the purchase price at our current yield we would earn $27,370. The cost of interest to finance the purchase of the equipment is projected at$34,630. Since we will be making annual payments on the lease purchase, we must factor in the annual payments as a reduction in the cash available for investment.As a result we would earn$15,759 over the term of the lease purchase which is a net cost of$18,871 and we would retain the use of our money for the length of the financing. Purchase out of current Net cost from investment of funds (loss of the use of current funds and Lease the funds) Purchase Financing ($27,370) $18,871 It is my recommendation that we use the Municipal Lease Purchase, which would allow us the flexibility of keeping an adequate fund balance even though it would result in a net borrowing cost of $18,871 on the purchase of a long term fixed asset relative to the payment schedule of the financing. 11 August 24,2004 Consider approving the sale of six City owned parcels of property City of Beaumont i Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 20, 2004 REQUESTED ACTION: Council approval of the sale of six (6) City owned parcels of property. RECOMMENDATION Administration recommends the sale of six(6)parcels of city-owned surplus property. BACKGROUND Bids were received on Thursday,August 12,2004 for the sale of City-owned surplus property. The legal description of each parcel is listed below: Parcel No. 1 Address: 3540 West Avenue Legal: West %2 Lot 5, Swonger Addition Zoning: RM-H- Residential Multi-family- High Density Acreage: 0.161 acre (140.0 ft. x 50 ft.) A 10 ft. utility easement will be retained for the existing 6 inch sanitary sewer. This property was acquired through the Sheriff's sale for delinquent taxes in 1998. Parcel No. 2 Address: 300 Block South 13' Street Legal: Plat C-6, Tract D out of Tract 2, Noah Tevis Survey, Abstract 52 Zoning: HI - Heavy Industrial Acreage: 0.2502 acre, (140 ft. x 69 ft. x 141.1 ft. x 86.7 ft.) This property was acquired by the City for the 11'' Street widening project. Sale of Surplus Property August 20, 2004 Page 2 Parcel No. 3 Address: 3675 Scranton Avenue Legal: Lot 3, Block 198, Pinecrest Addition Zoning: RM-H,Residential Multiple Family Dwelling-High Density Acreage: 0.173 acre, (151.0 ft. x 50 ft.) This parcel of property was acquired through the Sheriff's sale for delinquent taxes in 1998. Parcel No. 4 Address: NW Corner Cardinal Drive West and Avenue A Legal: Plat B-20, Block 104, Tract 4, 1 A. Veatch Survey Zoning: GC-MD, General Commercial Multi Family Dwelling Acreage: 0.423 acre, (193.96 ft. x 197.07 ft. x 220.67 ft. x 56.16 ft.) This parcel of property was donated to the City in 1957 as part of the Cardinal Drive property acquisition. Parcel No. 5 Address: 3040 College Street Legal: Plat C5, .565 acres out of Tract 31 Zoning: GC-MD General Commercial Multi-Family Dwelling Acreage: 0.565 acres This property was previously included in the lease agreement with the Texas Military Facilities Commission, formerly the Texas National Guard Armory Board. Abandonment of the 0.565 acre tract was requested by the City. The property was offered for sale with Baptist Hospitals of Southeast Texas submitting the only bid. Baptist Hospitals plans to use the area to provide additional access and landscaping to their newly remodeled campus. According to the City Attorney,this property is not considered park property, therefore, its sale is not subject to a vote by the citizens. Parcel No. 6 Address: 1205 Schwarner Street Legal: Plat G, Tract 360, D. Brown Survey Zoning: RMH-Residential Multi-Family High Density Acreage: 31,668 sq. ft., (91 ft. x 348 ft.) Sale of Surplus Property August 20, 2004 Page 3 This property includes a structure built by the City for use as a day care facility and leased to the Carroll Street Nursery,Inc. The organization is no longer in existence and according to the original lease agreement, property ownership reverts back to the City. The highest bids received for each parcel are listed.below: Description Bidder's Name Bid Parcel No. 1 Retia Vital $600.00 Parcel No. 2 Daniels Building& Construction, Inc. $3,229.08 Parcel No. 3 Yvonne Smith $500.00 Parcel No. 4 Waleed A. Khan $20,000.00 Parcel No. 5 Baptist Hospitals of Southeast Texas $14,208.75 Parcel No. 6 ExxonMobil Oil Corporation $77,000.00 TOTAL $115,537.83 A bid tabulation of all of the bids received and maps indicating the location of each parcel are attached. BUDGETARY IMPACT Payments to the City for this property will be deposited in the General Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Central Services Director. BID TABULATION Parcel No. 1 -3540 West Avenue Bidder Bid Retia Vital $600 Parcel No. 2-300 Block South 131 Street Bidder Bid Daniels Building& Construction, Inc. $3,229.08 Kyle Rumery $2,000.00 B.R. Cooley $2,000.00 Carlton Tanner $1,000.00 Parcel No. 3-3675 Scranton Avenue Bidder Bid Yvonne Smith $500 Parcel No. 4-NW Cardinal Drive West and Avenue A Bidder Bid Waleed A. Khan $20,000.00 Waleed A. Khan $15,000,00 Waleed A. Khan $10,000.00 Michael Matthews $5,319.00 Waleed A. Khan $5,000,00 T. W. Moak, Sr. $3,499.00 Waleed A. Khan $2,500.00 Waleed A. Khan $1,250.00 Rita Walters $500.00 Shantell Broussard $500,00 Bid Tabulation August 18, 2004 Page 2 Parcel No. 5-3040 College Street Bidder Bid Baptist Hospitals of Southeast Texas $14,208.75 Parcel No. 6- 1205 Schwarner Street Bidder Bid ExxonMobil Oil Corporation $77,000.00 Lisa Weber $50,000.00 Carrie Woods $6,000.00 SUBJECT = G PN PEMB K Q C -j $� �P LA SA LE a A W ti IVA L nn GILL J w E N AFSTA B '�' EV NS VE SALE OF SURPLUS PROPERTY z T Z < e y w UTIC o Ce ¢3 0 rM ~ ALE n TOLE_ q = z z 3 H U , 0 A 9 0 V) � MARTI PARCEL *1 IVES r I T 1 ° dG�0 PHIL J EARL w raw A I v = W J nn d Q PRIMR SE = EARL ,A NC PHONE 3540 WEST AVENUE POPE v~i P� °°�¢ DEL TULANE OR AN TULA 4E p <� (2E APR MAN ELAW WE I'' :D Q SN INE Z GLASS 0 S �L P ICE ule W REG NT ,O LEGEND LOCATION MAP N.T.S, ® SUBJECT PROPERTY .i b� PCRE,S _ N �G N.T.S. SUBJECT ~ N LAURE Pte, SOU H SOUTH PEC S N LINA 3 0 w N SALE OF SURPLUS PROPERTY L5 LAZA LOD RU s Q x Q o � Q 0. LVD a MART W CEDAR W EDAR Sp PARCEL #2 °° `* o E N H D J F Z (L o U 300 BLOCK OF 287 SOUTH 13TH STREET Gateway 96 Shopping Center = 59 STAGG co Baptist Hospital - LEGEND LOCATION MAP N.T.S. ® SUBJECT PROPERTY 140' M �o .25 ACRES all — co 141.1' RAIL ROAD RIGHT-OF-WAY N.T.S. SUBJECT � � J fn ✓` w r*� LE W Dt �z m Lo ■PRIV A E G� PN PEMB K IE C -J NP LA SA1111 E a rz � BU BU HA A SALE OF SURPLUS PROPERTY LYNNWO❑10 ❑ N ❑N ILL HAYES 3 aL Z z EV NS 3 ¢ o ntho z HYBR❑❑ z UTIC w p 3 ¢ Cer� 30VERBR❑ KJ TOLE ❑ = z o ALE PARCEL #3 u o 7 o i3 -A z TAFT IVES > LEI HT Cl ca z F PA IN v PRIW- OSEZ EARL w Q 92d u 3675 SCRANTON AVENUE ¢ ❑UStt� PRIMR SE = EARL �� R > POPE v~i C3 P�N J TULAN v� TU NE u OR AN TULA qE O RE TULANE ¢ EL > ELAW WE w S Q D ¢ SSN U Q LASS ❑I SE �L LEGEND L❑CATI❑N MAP N.T.S. SUBJECT PROPERTY 151' w a Lc) .173 ACRES Lc) z \ o I-- 151' U) N.T.S. SUBJECT J f W Lr PAL _ ao o RE ¢ o Unly CAMPUS E RGINIA SALE OF SURPLUS PROPERTY Au s n c F w Z BURN Zip Y ZAVALLA ¢ CLA > ¢ Z y SHELL x ALADA A x HIGHLAND 'a a SAXF ARLA N HIGFlt� LAND [ A GE❑ GI / a 9"y 3 w f CU IA LES EuK GUN Y GF Z Tq SEPH ¢ E MONT PARCEL *4 FLORIDA 9 J EN u F � PA 4 Y y CgRDINq pPV�R�,P� �� NGyN `p OC 2 G IEw t/f �` �Fy e�' pPR�4" G�yy �RSt �/- 4 NORTHWEST CORNER M LESS 9y SV CARDINAL DRIVE WEST AND AVENUE A w Spindle lop Hill "n Confedernte Cnn 9� T rn 9� S G� LEGEND LOCATION MAP N,T,S, ® SUBJECT PROPERTY u + �^ w o CARDl1yq RI y f w T �� 1 � FS lu '. U a Q 0.423 ACRES At � v z e N,T,S, a v w_ C1 SUBJECT OLLYWOOD C CKET z z CROCK T z W. BRENHAM ID w SALE OF SURPLUS PROPERTY FANNIN BMT M , SYTH rg AGG co MEW HO SP' A L J ENT J PARCEL *5 EGE 2�u 90 r 3000 BLOCK OF z Y � COLLEGE STREET BLANCH TTE v Q w Q� BOLI AR B LI A C, vl J O u CART RIGHT o z LOCATIIN MAP LEGEND N.T.S. ® SUBJECT PROPERTY BAPTIST HOSPITAL CENTRAL PARK x 15'-0 344.89' 0.108 ACRES N 89'58'51' E 3 TEXAS U.S. GOVERNMENT n Q NATIONAL o0 4th ARMY c.Lei p lrl z p GUARD G_ Z a_ 3 w w U dK N 89'58'51' E 344.89' N 8 280.3 1' E 280.37' COLLEGE STREET E a t v t N.T.S. a w_ U SUBJECT SALE OF SURPLUS PROPERTY Z BuFaRD W ° CUNIFF T T w J J ~ } LAM R 0 yy,, POWELL °- z PARCEL *6 CH A ER SCHW ONE d � :Dz �o DE VI VE �Z � M G❑V RNLINC LN U Q GRANT 1205 SCHWARNER ST. RS o > C-SH RMAN w EY Q �-. P11 TE Q BRAD ❑RTE TAG❑RE o BURT S AN ❑ w o L7 D❑U ET E MADISON ° Y L A z o III UAKI > o LEGEND LNCATI❑N MAP N,T.S, ® SUBJECT PROPERTY 9P TV F N W LL &A-CR-ES m J y h Q POWELL ST. w craD C O W U a m t U = SCHWARNER ST. It _Y a N.T.S. 12 August 24,2004 Consider authorizing the City Manager to execute a contract for the City of Beaumont Rehabilitation of the Southwest Elevated Water Storage Tank V~ C1 City of Beaumont ww_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 17, 2004 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the City of Beaumont Rehabilitation of the Southwest Elevated Water Storage Tank. RECOMMENDATION Administration recommends approval of a contract with Utility Service Co.,Inc., Houston, Texas, in the amount of$363,677.00 to furnish and install all labor, materials, and equipment to repair, rehabilitate, abrasive blast interior and exterior,repaint interior and exterior,remove and relocate the communication antenna, and disinfect the existing 1,000,000 gallon elevated water storage tank located on Municipal Drive. This award will include pressure washing all blast cleaned areas if the soluble salt content is above 100ppm. BACKGROUND The existing elevated storage tank was built in 1958. In 1998 the inside of the tank was cleaned and painted and the outside of the tank received spot coats of paint. The field investigation conducted by Schaumburg and Polk,Inc. concluded that the inside and outside paint of the tank have deteriorated,and must be abrasive blasted and repainted in order to stay in compliance with Texas Commission on Environmental Quality(TCEQ)regulations. The primary goals of the project are to restore the integrity of the interior and exterior surfaces of the elevated storage tank,repair any structural damage,and provide customers with safe, adequate and uninterrupted service. BUDGETARY IMPACT Funds for the project are available in the Water Capital Improvement Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Water Utilities Manager. Bid Tabulation =1> CITY OF BEAUMONT JEFFERSON COUNTY,TEXAS 03 REHABILITATION OF THE ry 0 SOUTHWEST ELEVATED WATER STORAGE TANK ° Bid Date: THURSDAY,AUGUST E2,2004 AT 2.00 PM o 2 BIDDERS 0 UTILITY SERVICE CO„ DIAMOND ENTERPRISES, GULF STATES CLASSIC PROTECTIVE GEORGE KOUNTOUPES P INC D�fS27 PIN` AVE, INC. PROTECTIVE COATINGS, COATINGS,INC PAIN-MG,CO. ° 5327 PINE AV . 'P P.O.BOX 41304 PASADENA,TX 77503 P.O.BOX 1009 INC. N 7670 STATE HWY 25 661 SOL-fHFIELD ROAD HOUSTON,TX 77241 GLOSTER,MS 39638 201 NORTH 16TH STREET MENOMO-I WI 54751 LINCOLN P_aRIi,14fI 48146 3 I Desch tion Quart.Units Loft Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Urdt Price Total Price 1.Mobilization coats, including payment bond, 1 LS 526,000,00 $26,000.00 S11,250.00 S11,250.00 $12,000.00 $12,000.00 $L2,500.00 S12,5D0,00 $16,250.00 S16,250.00 510,000.00 $10,000.00 9 performance bond, 4-uuraaee, and moving 3 equipment to project,NOT TO EXCEED 3:6 OF co TOTAL PROJECT BIDS,all in strict accordance v wifl:plans and speci.&ca ions for, >p 2.Furnish and install a1{ labor, materials, and 1 LS S322,865.D0 $322,865.00 .5..359,550.00 5359,550.00 S383,060.00 $383,060.00 S403,000.00 5403,000.00 5507,385.00 S507,385.00 S544,000.00 5544,000.00 equipment In repair, rehabilitate, abrasive blast r— interior&exterior,shrouding,repaint interior& exterior, and disinfect the exds mg 1,000,000 gallon elevated water storage tank as required in The Special Provision to the Technical Specifications(SP-1),all in shict accordance vith Contract Docament s,Technical Specifications and Drawin s,for I => 3.Famish and install a0 labor, materials, and 1 LS 5x4,000.00 $4,000.00 S2,000.00 S2,000.00 56,500.00 S6,500.00 51,500.00 $1,500.00 514,400.00 S14,400.D0 $25,000.00 S25,000.00 equipment to remove, relocate and reinoall the Z O existing Communications antenna including finishing NEW cam cable, cable conduit, .p recc,mection to the antenna all in strict o co accordance Mth the plans and specifications for, rn 4.Furnish and irrrtall all labor, materials, and 5624 SF S0.50 $2,812.00 1;2,2D0.00 S12,372,800M $125 $7,030.00 $15,000.00 $84,360,00100 $3,850.00 S21,652,400.D0 $1.75 59,842.00 O7 0 equipment to plant sod around and below the tank w ell in strict accordance with the plans and `x specifications for, TOTAL BASS BID ITE 5395,677 512,745,6®Q 584 777,4 .IN S7Z 198,435 0 fV Schaumburg &Polk,Inc. Bid Tab I of 2 CONSULTING ENGINEERS Bid Tabulation =[> CITY OF BEAUMONT cC=� JEFFERSON COUNTY,TEXAS 6J REHABILITATION OF THE tv 0 SOUTHWEST ELEVATED WATER STORAGE TANK g Bid Datc_ THURSDAY,AUGUST 12,2004 AT 2:00 PM 0 z BIDDERS 0 UTILITY SERVICE CO., DIA.MONI)ENTERPRISEq GULF SPATES CLASSIC PROTECTIVE GEORGE KOL'NTOUPES .5 DIMS PALNTLNG,L`C. o I�1C. INC. PROTECTIVE COATINGS, COATINGS,L\C, PALV TLVG,CO. P.O.BOX 41304 5327 PIN AVE P.O.BOX 1009 INC. N 7670 STATE H-WY 661 SOL'fHFIELD ROAD PASADERA TX 77500 HOUSTON,TX 77241 GLOSTER A1S 39,638 201 NORTH 16TH STREET 14]ENOl4]01YIE,R7 54751 LINCOLN PARK,3]14$146 3 Ite Descriptian lQuanfluldts tint Price I Total Price fait Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price n DTTIVE BID ITEM y 1.If 11te sotubte salt omteni in above 100ppm, I LS $8,ON'00 S8,000.00 S1 1,0D0.00 $11,000.00 S12,000.00 SI2,000.00 S24,265.00 $24,265.00 S18,450.00 518,450.00 S47,600.OD &57,600.00 3 m famish and install all labor, materials, and C equipment to pressure i ash per SSPC-SP-I all blast cleaned areas as required in the Special sp Pm\isions to the Technical Specifications(SP-2), -v all in slid accordance with the Contraei or Documents, Technical Specifications and Bid Bond 5% 5% 5% 5% 5So 5% Bid Breakdown YES YES YES YES YFS YES Corporate Resolution YES YES YES YES YES YES Information Required of Bidder YES YES YES YES YES YES 1i nor:Business Utilization Cormnitment YES YES YES NO YES NO x SeheduleC MBE YES NO YES NO NO NO CD .A 0 The Bid Proposals submitted have been reviewed,and to the best of knowledge this is an accurate tabulation of the Bids received. co o w BY: DATE: 0 W Schaumburg &Poll4 Inc. Bid Tab 2 of 2 CONSULTING ENGINEERS 13 August 24,2004 Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Howell/Yount 4utfall Contract VI for"extra work" 11011m. City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 16, 2004 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Howell/Yount Outfall Contract VI for "extra work." RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Howell/Yount Outfall Contract VI project amount by $89,783 to replace 1,376 linear feet of 12-inch sanitary sewer pipe under the street and to remove 19 underground obstructions under the pavement on Belmont Street. BACKGROUND The existing sewer lines built in 1960 have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, and provide customers with uninterrupted and adequate service. BUDGETARY IMPACT Funds for the project are available in the Capital Improvement Fund. PREVIOUS ACTION Resolution 03-203 in the amount of$718,494 was passed by City Council on September 30, 2003. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Water Utilities Manager. WUCOSanSewerRehabContractVIsk.wpd August 16,2004 APPROVAL OF CONTRACT CHANGE Change Order No. 1 &Final Date:August 16,2004 Project: City of Beaumont Sanitary Sewer Rehabilitation of Small Diameter Mains HowelllYount Outfall Contract-VI Owner: City of Beaumont P.O.BOX 3827 Beaumont,Texas 77704 Contractor. PM Construction&Rehab,LP 131 N.Richey Pasadena,Texas 77506 To the Owner: Approval of the following contract change is requested. Reason for Change:To increase the contract amount for"extra work"performed by the Contractor to replace 1,376 linear feet of 12-inch sanitary sewer pipe under the street, and to remove 19 underground obstructions under the pavement,on Belmont Street. ORIGINAL CONTRACT AMOUNT $718,494a THIS CHANGE ORDER: Description Net Chance Replace 1,376 linear feet of 12-inch sanitary sewer pipe under the street. +J_12,808. Remove 19 underground obstructions under the pavement. +-9.975. TOTAL AMOUNT OF THIS CHANGE ORDER: + $89,783. TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $808,277. CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver 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 PM Construction&Rehab,LP Water Utilities Manager Owner Contractor Date: 5 Date: Date: COPY 14 August 24, 2004 Consider amending Section 6-21 of the Code of Ordinances, in particular, the International Building Code, Appendix B, Board of Appeals Section B 101.2 Membership of Board by adding a Licensed Master Plumber to the Board City of Beaumont ...j!- j Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 24, 2004 AGENDA MEMO DATE: August 16, 2004 REQUESTED ACTION: Council amend Section 6-21 of the Code of Ordinances, in particular, the International Building Code, Appendix B, Board of Appeals Section B 10 1.2 Membership of Board by adding a Licensed Master Plumber to the Board. RECOMMENDATION Administration recommends that the International Building Code Appendix B, Board of Appeals Section B 10 1.2 Membership of Board be amended to add a Licensed Master Plumber to the Board. BACKGROUND The Southern Building Code,which was in effect prior to the adoption of the International Building Code, included the requirements for a Board that consists of seven members and two alternates. Qualifications for membership on this board were for individuals with knowledge and experience in the technical codes, such as design professionals, contractors or building industry representatives. Currently, the board includes two architects, an engineer, a homebuilder, an electrician and two general contractors. The alternates are an electrician and a homebuilder. The terms for all the board members and alternates began on October 1, 2002, and will end on September 30, 2004. Appendix B of the International Building Codes provides the framework, including membership qualifications, for the Board of Appeals. Section B101.2.2 Qualifications states that the board shall consist of five members and two alternates from each of the following professions or disciplines: 1. Registered design professional with architectural experience or a builder or a superintendent of building construction with at least ten years' experience, five of which shall have been in responsible charge of work. 2. Registered design professional with structural engineering experience. 3. Registered design professional with mechanical and plumbing engineering experience or a mechanical contractor with at least ten years' of experience, five of which shall have been in responsible charge of work. 4. Registered design professional with electrical engineering experience or an electrical contractor with at least ten years' of experience, five of which shall have been be in responsible charge of work. 5. Registered design professional with fire protection engineering experience or a fire protection contractor with at least ten years' of experience, five of which shall have been in responsible charge of work. Alternate members shall possess the qualifications required for board membership. Although the adoption of International Building Code on October 7, 2003 included Appendix B, it was recommended that the existing Board be retained until their terms expired on September 30, 2004. The new qualifications for membership on the Board of Appeals will be as stated above with the addition of a Licensed Master Plumber. BUDGETARY IMPACT None. PREVIOUS ACTION Council adopted the Residential Building Code in October 2003. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Building Official BuildingBoardofAppeals.wpd August 16.2004 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-21, APPENDIX B, SECTION B101.2 OF THE INTERNATIONAL BUILDING CODE OF THE CITY OF BEAUMONT TO ADD A LICENSED MASTER PLUMBER; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 6, Section 6-21, Appendix B, Section 13101.2 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add a Licensed Master Plumber. 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 parts 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 on this the 24th day of August, 2004. - Mayor Evelyn M. Lord -