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HomeMy WebLinkAboutPACKET JUL 25 2006 V~ City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 25, 2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a contract for automotive preventive maintenance B) Approve an annual contract for the purchase of work uniforms C) Authorize the City Manager to approve a License Agreement with the Crockett Street District dba Downtown Productions, L.L.C., for a one(1)year term D) Authorize the acceptance of a ten(10)foot wide water line easement for fire hydrants across A-Mini Storage property at 575 Interstate 10 South • A . f City of Beaumont •� Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 19, 2004 REQUESTED ACTION: Council approval of an annual contract for automotive preventive maintenance. RECOMMENDATION Administration recommends award of a one (1)year contract to JMPKL, Inc. dba The Lube Shop for automotive preventative maintenance at the unit costs reflected in the attached tabulation with an estimated total annual expenditure of$75,000 for routine service. An option for an additional year at the same pricing is available at the City's discretion. BACKGROUND Bids were requested for a one (1) year contract for automotive preventative maintenance to maintain city-owned vehicles and equipment. Fifteen(15) vendors were notified with only JMPKL, Inc. responding with a bid. The Lube Shop has satisfactorily held the contract to service City vehicles for the past seven (7) years. The company has locations at 5030 College Street and 5340 Eastex Freeway. The multiple locations ensure a sufficient number of service bays to timely handle the volume of work required. It is estimated that the awarded vendor will provide approximately 2,725 maintenance service orders for 460 City vehicles during the annual contract period. Additional pricing was obtained for transmission fluids and service, air and fuel filters, and various parts and services to be purchased as needed. BUDGETARY IMPACT Funds are available for this expenditure in the Fleet Management Division's operating budget. Annual Contract for Automotive Preventative Maintenance July 19, 2006 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, bids were received for an annual contract for automotive preventive maintenance for city-owned vehicles and equipment; and, WHEREAS, JMPKL, Inc., d/b/a The Lube Shop, Beaumont, Texas, submitted a bid for an estimated total annual expenditure of$75,000 in the unit amounts shown on Exhibit "A"; and, WHEREAS, City Council is of the opinion that the bid submitted by JMPKL, Inc., d/b/a The Lube Shop, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by JMPKL, Inc., d/b/a The Lube Shop, Beaumont, Texas for an estimated total annual expenditure of $75,000 in the unit amounts shown on Exhibit "A" for an annual contract for automotive preventive maintenance for city-owned vehicles and equipment be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - Annual Contract for Automotive Preventative Maintenance July 19, 2006 Page 3 Automobiles,includes 5 quarts of oil 120 $19.88 /ea 1 � z Gasoline Pick Up Trucks, includes 5 quarts 45 $19.88 /ea2I of oil Diesel Pick Up Trucks,includes 10 quarts of 20 $40.99 /ea #CkeaE oil ___. ..... ... ..::..... _::: Power Stroke Diesel Pick Up Trucks, 30 $49.99 /ea } . 9 includes 14 quarts of oil Vans,includes 5 quarts of oil 5 $19.88 /eal £ Generators, Onan 4500 Oil change, oil and 7 $20.99 /ea X18:99 lea air filter change. .. 1996-7 Ford Crown Victoria,4.6 Liter V8 Gasoline $58.99 /ea $59.99 /ea 2000-2004 Chevrolet Impala 3.8 Liter V6 Gasoline $38.99 /ea. $41.99 /ea 1998 GMC'/2 Ton Pick Up,4.3 Liter V6 Gasoline $38.99 /ea $41.99 /ea 2000-2003 Ford F350 Pick Up,73T-V8.Power-Stroke Diesel $49.50 /ea $49.99 /ea t �r 1996-7 Ford Crown Victoria,4.6 Liter V8 Gasoline $59.99 /ea $59.99 /ea 2000-2004 Chevrolet Impala 3.8 Liter V6 Gasoline $39.99 /ea $41.99 /ea 1998 GMC''/2 Ton Pick Up,4.3 Liter V6 Gasoline $39.99 /ea $41.99 /ea 2000-2003 Ford F350 Pick Up,7.3T-V8.Power-Stroke Diesel $49.99 /ea. $49.99 /ea EXHIBIT "A" Annual Contract for Automotive Preventative Maintenance July 19,2006 Page 4 1996-7 Ford Crown Victoria,4.6 Liter V8 Gasoline $5.49 /ea 2000-2004 Chevrolet Impala 3.8 Liter V6 Gasoline $7.49 /ea S7 _ e 1998 GMC`/1 Ton Pick Up,4.3 Liter V6 Gasoline $15.99 /ea5: ___._._ _._„5 2000-2003 Ford F350 Pick Up,7.3T-V8.Power-Stroke Diesel $16.99 /ea X16:99 ¢lea 1996-7 Ford Crown Victoria,4.6 Liter V8 Gasoline $15.99 /ea _ 1S # e: SM 2000-2004 Chevrolet Impala 3.8 Liter V6 Gasoline $15.99 /ea $Irra; 1998 GMC'/3 Ton Pick Up,4.3 Liter V6 Gasoline $15.99 /eat 99 2000-2003 Ford F350 Pick Up,7.3T-V8.Power-Stroke Diesel $38.99 /ea3 99 - !ea B Cit y of Beaumont l:LW! k Is J-1 Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 19, 2006 REQUESTED ACTION: Council consider awarding an annual contract for work uniforms. RECOMMENDATION Administration recommends an annual contract for the purchase of civilian employee work uniforms from Shepherd's Uniform and Linen Supply Company, Inc. of Beaumont, Texas, at the unit prices listed below. BACKGROUND City employee work uniforms include men's and women's pants and shirts, as well as other items such as jackets, coveralls, and caps when appropriate. Currently, approximately 400 civilian employees are issued three (3) to five (5) sets of uniforms each year. Individual City departments determine the number of uniforms issued to each employee. Vendors were given approximate yearly usage quantities and were asked to provide an itemized price list. Bid specifications indicated that delivery is required within ten (10) days after a receipt of a purchase order. In addition, the specifications required the successful bidder to have a physical storefront or warehouse within the city limits of Beaumont to expedite the measurement of employees and issuance of uniforms throughout the contract period. Bids were solicited from nine (9) vendors and the sole bid from Shepherd's Uniform and Linen Supply Company, Inc. of Beaumont, Texas is as follows: Annual Contract for Work Uniforms July 19, 2006 Page 2 Estimated Description Unit Price Total Price Yearly Quantity 600 Men's Long Sleeve Shirts $9.95 $5,970.00 600 Men's Short Sleeve Shirts $8.95 $5,370.00 125 Women's Long Sleeve Shirts $11.00 $1,375.00 90 Women's Short Sleeve Shirts $8.60 $774.00 20 Men's Button Down Oxford L/S Shirt $13.95 $279.00 40 Men's Button Down Oxford S/S Shirt $12.25 $490.00 700 Men's Pants/Regular Style $13.25 $9,275.00 200 Men's Pants/Jean Cut Style $14.50 $2,900.00 150 Women's Pants $14.95 $2,242.50 20 Men's Pleated Slacks $16.20 $324.00 20 Men's Traditional Work Pants $13.40 $268.00 50 Denim Jeans $16.00 $800.00 200 Jackets $23.99 $4,798.00 20 Team Jackets $32.50 $650.00 100 Long Sleeve Coverall $19.50 $1,950.00 75 Short Sleeve Coverall $27.50 $2,062.50 125 Caps $7.00 $875.00 2000 City of Beaumont Emblems $1.50 $3,000.00 90 Civic Center Emblems $1.50 $135.00 TOTAL ESTIMATED ANNUAL EXPENSE: $43,53,$.00! Annual Contract for Work Uniforms July 19, 2006 Page 3 BUDGETARY IMPACT Funds for uniforms are budgeted in each Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, bids were received for an annual contract for the purchase of civilian employee work uniforms; and, WHEREAS, Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, submitted a bid in the unit amounts shown below: Estimated yearly Quantity Description Unit Price Total Price 600 en's Long Sleeve Shirts $9.95 $5,970.00 600 en's Short Sleeve Shirts $8.95 $5,370.00 125 omen's Long Sleeve Shirts $11.00 $1,375.00 90 omen's Short Sleeve Shirts $8.60 $774.00 20 Icenim en's Button Down Oxford US Shirt $13.95 $279.00 40 en's Button Down Oxford S/S Shirt $12.25 $490.00 700 en's Pants/Regular Style $13.25 $9,275.00 200 en's Pants/Jean Cut Style $14.50 $2,900.00 150 omen's Pants $14.95 $2,242.50 20 en's Pleated Slacks $16.20 $324.00 20 en's Traditional Work Pants $13.40 $268.00 50 Jeans $16.00 $800.00 200 Jackets $23.99 $4,798.00 20 Feam Jackets $32.50 $650.00 100 on Sleeve Coverall $19.50 $1,950.00 75 3hort Sleeve Coverall $27.50 $2,062.50 125 a s $7.00 $875.00 2000 ity of Beaumont Emblems $1.50 $3,000.00 90 ivic Center Emblems $1.50 $135.00 TOTAL ESTIMATED ANNUAL EXPENSE: $43,538.00 and, WHEREAS, City Council is of the opinion that the bid submitted by Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, for an annual contract in the estimated amount of $43,538 for the purchase of civilian employee work uniforms be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - c City of Beau mont Council Agenda Item EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to approve a License Agreement with the Crockett Street District dba Downtown Productions, L.L.C., for a one (1) year term. RECOMMENDATION Administration recommends approval of the License Agreement. BACKGROUND The City of Beaumont continues in its campaign to promote business development in the downtown area and provide an aesthetically-pleasing environment for patrons from the community. The City of Beaumont and Crockett Street Development participated in a private/public partnership to develop Crockett Street. The City was responsible for paving, sidewalk and lighting improvements on Crockett Street. In June 2003, the City entered into a License Agreement with Crockett Street Development. The agreement provided exclusive use of the Crockett Street right-of-way from Main to Pearl Streets. Under the terms of the proposed license, Downtown Productions may limit vehicular and pedestrian traffic to this section of Crockett Street. In return for this exclusive license, Downtown Productions agrees to provide the City with written notice thirty (30) days in advance of any planned entertainment event, in order to limit pedestrian access. The license requires a payment to City of ten percent (10%) of gross receipts for admission for all "for profit" events. There is not a required fee for "non-profit" events; however, the notifications requirements are the same. Crockett Street License Agreement Renewal July 18, 2006 Page 2 Additionally, the maintenance of the infrastructure on Crockett Street from Main to Pearl Streets will be the responsibility of Downtown Productions. Also included in the license is an indemnification clause and the requirements for insurance with the City as a name insured. Should the one(1)year term expire, the license will continue from month-to-month until such date as it is renewed by City Council. A copy of the License Agreement in its substantial form is attached for your review. BUDGETARY IMPACT The City has received $29,799.80 since June 2003 as a result of the 10% fee. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one(1)year License Agreement with Crockett Street District d/b/a Downtown Productions, L.L.C. for the use of the Crockett Street right-of-way from Main to Pearl Streets. The License Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. Mayor Guy N. Goodson - LICENSE STATE OF TEXAS § ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § On the date last indicated below, the City of Beaumont, a municipal corporation of Beaumont, Jefferson County, Texas, (hereinafter called "Licensor"), and Crockett Street District, by and through Downtown Productions, L.L.C., (hereinafter called "Licensee"), contract and agree asset forth herein. Licensee desires an exclusive license from Licensor to use the real property the subject of this License Agreement described as follows: Crockett Street right-of-way between Main and Pearl Streets(herein"Licensed Premises"). Licensee may limit vehicular access to the Licensed Premises, but may not limit pedestrian access at any time except as follows: Should Licensee desire to limit pedestrian access to the Licensed Premises, they must first provide Licensor with thirty (30) days advance written notice of its intention to do so. If an admission charge is assessed or compensation is paid for use of the Licensed Premises and the event is a"for profit" event, Licensee shall pay to Licensor a fee of ten percent(10%)of the gross receipts for admission to the event. There shall be no fee for"non-profit" events, but Licensor shall still be given at least thirty (30)days notice as set out above. "Non-profit" event, as used in this License, means that 100% of the admission fee for the event is received by the organization for which the event is held and the organization is a charitable organization as defined by the Tax Code of the State of Texas, or the Internal Revenue Code of the United States. Licensee is to provide Licensor with thirty(30)days advance written notice of the events planned for the Licensed Page 1 of 7 EXHIBIT `A' Premises. Should Licensee fail to comply with the notice and fee provisions of this paragraph,this License may be terminated immediately. Licensor shall be allowed to audit the financial records of"for profit"events to verify payment accuracy. Such audit will occur during normal business hours. Truck deliveries to the Crockett Street District will be limited to the Licensed Premises. No truck delivery will be made on either Main or Pearl Streets. Licensed Premises may continue to be occupied and used by Licensee solely in connection with the Crockett Street District and for incidental purposes related thereto during the term of this License or until termination thereof. Said License shall be for a term of one (1) year from and after the date of its approval by the City Council of Licensor. Should the one (1) year term expire, the license will continue from month to month until such date as it is renewed by the City Council. No permanent improvements shall be made upon the Licensed Premises without first obtaining the written consent of Licensor by and through its City Manager or his designee and providing a copy of the notice to Licensor in writing of how,when and to what extent such improvements are to be made. A copy of this License shall be attached to such notice. In the event Licensor, by Resolution of the City Council, determines there is a public need of the subject property or any part thereof,for the benefit of the Licensor or to protect the health, safety or welfare of the public, and it terminates this License or any part thereof, Licensee shall not receive any compensation and the Licensor shall not be liable therefor Page 2 of 7 whether for the value of the property taken, damage to the abutting or remaining property or improvements, loss of business or profit, loss of access, or otherwise. Licensee shall, at all times of use under this License, be liable for all liability and/or damage claims for injury or death of persons or property from any cause whatsoever relating to the occupancy of the premises by Licensee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the Licensed Premises, during the term of this License or any extension thereof. Licensee agrees to indemnify and save harmless Licensorfrom anyand all claims,causes of action,and damages of every kind for injury to or death of any person and damages to property arising out of the occupancy and use of Licensed Premises or the operations embraced by this License and including acts or omissions of Licensor in connection therewith. Licensee shall carry public liability and property damage insurance covering operations hazards, and including Licensee's obligations under the indemnification provision contained in this License (with a company acceptable to Licensor)with Licensor as a named insured in the sum of$1 million in the aggregate. Should Licensor determine at any time during the term of this License Agreement that the above coverage is inadequate, it shall notice Licensee in writing to increase the amount of such insurance so the same shall be adequate. The failure of Licensee to obtain said additional insurance within thirty (30) days of Licensor's request shall constitute a breach of this License. A copy of the original policy shall be filed with the City Clerk of City. Page 3 of 7 As part of the consideration for this License Agreement, Licensee shall pay to Licensor the sum of $10.00 (Ten and No/100 Dollars), said sum being non-refundable. Licensee recognizes that this License does not affect the use of the Licensed Premises by Licensor or any entity with a franchise to use City rights-of-way. This Agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date therein specified. This License is neither assignable nor transferrable except (1) in conjunction with and as part of Licensee's conveyance of all the abutting property and (2) occupancy and use of the Licensed Premises by a lessee leasing abutting property from Licensee(in which case Licensee is not relieved from its obligations owed to Licensor hereunder). This License survives through probate or warranty deed or lease. In any such event, other than lease of abutting property, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying the abutting property. This License shall include the right of Licensee to have balcony structures which extend into the Licensed Premises. Licensee shall be responsible for all maintenance,repair and upkeep of the Licensed Premises, including, but not limited to, brick pavers, decorative lighting, arches and lighting on arches and curbs. Any notice to Licensor shall be sufficient if it is mailed or hand-delivered to the Office of the City Manager, City of Beaumont, P. O. Box 3827, Beaumont, Texas, 77704. Any Page 4 of 7 notice to Licensee shall be sufficient if mailed or hand-delivered to Licensee at 555 Main Street, Beaumont, Texas, 77701. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day of , 2006. LICENSOR CITY OF BEAUMONT By: Kyle Hayes, City Manager LICENSEE CROCKETT STREET DISTRICT dba DOWNTOWN PRODUCTIONS, L.L.C. By: Jeff McCarson, President Downtown Productions, L.L.C. Page 5 of 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared KYLE HAYES, City Manager of the City of Beaumont, a municipal corporation of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the act and deed of the City of Beaumont. GIVEN under my hand and seal of office this the day of 2006. Notary Public in and for the State of Texas Page 6 of 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared JEFF McCARSON, President of Downtown Productions, L.L.C., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the Representative of Crockett Street District. GIVEN under my hand and seal of office this the day of , 2006. Notary Public in and for the State of Texas Page 7 of 7 D City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 13, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten (10) foot wide water line easement for fire hydrants across A-Mini Storage property at 575 Interstate 10 South. RECOMMENDATION James M. Dobson III, d.b.a. A-Mini Storage has agreed to convey a ten foot(10') wide water line easement to the City of Beaumont. The Water Line Easement crosses A-Mini Storage property at 575 Interstate 10 South and will serve fire hydrants on the property (Tract 28-K, Plat C-5, David Brown Survey, Abstract 5). Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOAEkIENDED BY City Manager and Public Works Director Engfire_a-mini-storage-ib.wpd 13 July,2006 RESOLUTION NO. WHEREAS,James M. Dobson III,d/b/a A-Mini Storage, has conveyed a ten-foot(10')wide Water Line Easement, as described on Exhibit "A" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services: Tract 28-K, Plat C-5, David Brown Survey, Abstract 5 and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by James M. Dobson 111, d/b/a A-Mini Storage, as described on Exhibit 'A" be and the same is hereby accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - FAUST Engineering and Surveying, Inc. PROFESSIONAL ENGINEERS AND PRQ=10NAL SUEtVEYORS E-MAIL ADDRESS INFO @F.AUSTENG COF 1' TO-EPHONK(409)8]3,34]0 2525 CALDER STREET FAX(409)813-3484 BEAUMONT,TEXAS 77702 FIELD NOTE DESCRIPTION FOR A 0.07ACRE TRACT OUT OF THE DAVID BROWNSURVEY,ABSTRACTS BEAUMoNT,JEF'FER SON CoUNTY, TEXAS June 8,2006 THAT certain 0. :Texas, and 07 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, being out of that certain 2.14 acre tract of lasld-knofwn as Tract 28-K of the David . frown Survey; said 0.07 acre tract being more particularly described by metes and bounds as. follows: COMNMNCING at a concrete monument which marks the intersection.of the east line of Interstate Highway 1 Q-and the.north line of an 80.00 foot easement granted to Jefferson County Drainage District No. 6(DD6); THENCE North O1°31'50" West along the said east line of Interstate Highway 10,a distance_of 82.3 8 feet to t> a southwest corner of the said 0.07 acre tract and :being the POINT OF BEGINNING; THENCE continuing North 01°31'50" West along the said east line of Interstate Highway IQ, a distance of 10.00 feet to a.poini for the northwest corner of the said 0.07'acre tract; THENCE East, a distance of 299.34 feet to the northeast corne acre tract; r.of the said 0.07 THENCE South, a distance of 40.00 feet to the southeast comer of the said 0.07 acre tract; THENCE West,a distance'of 299.08 feet to the POINT OF BEGINNING, + t Richard F.Faust, Registered Professional Land �'' �S1' q:. �� � oFN Surveyor.No.4782 sZ •.+.:....,: , ...R� NAAD F FAUST <VP 4782 EXHIBIT"A"Page 1 of 2 S'ZJRV \\Server\documents\Draw\2006\0606\0606044\easement legal.do" N p OD A E E a msmm AW"ar PAVA2 f I 4 PROJECT—­12 T SITE. N aa� GATEWAY STREET E mmxo mmr„cocr Mau”imam E � E, $ ,r a saw BO f t O. 2� XWY 90 �~ ° ,arnHO.ir,ur 7imaHr ' , VICINITY MAP o rmar' b L2 _ _ - - - -. _ — M 0 — — — — — — L4 - - cnu ,oa ami,,vaaw °o zvsrnm DETAIL-OF EASEWNT • .. rass Marna Aa7naLr Hr,MWr ' rater . rr- MOM"mu Mr„a,r" g E. 7�T1D,nama man�inor"°d n"0 • m„ot w - nrcanr„Dour rwr r„ca N 89.69'68'9 308:33' irccwm rr♦Aa,Lw,l/aan,Mr rXX to msrna AM=7AYZMVff a a7a,mra s►,M,rrr Aa,sa Ln,r,ac a.r, AAM0 Imor e attar �•. E a IL+� ' E E 1,010$,MrrAC aro,Aa„mLaua d . C q r,orat„mAt aroator,wtnwa 9 � a,,romr,a lorr,aareaa . (y N - art,arrrna sorwparrru'. - aar tpyr,a AVMALr PARMW {b Awpoaa,OUw Lw,FIMe, ,rMwa IdlJtlLr IARY,Nr ,L3rwa=am iwr ll,ar N 89.69'49"E 476.00' FANNIN STREET DITCH NOTE: BOUNDARY.INFORMATION PROVIDED BY CLIENT FROM A SURVEY FXRPARED BY.FITTZ AND SHIPMAN, INC. a�57�'9�' WATER LINE EASEMENT Fes . A-MINI STORAGE R af Fir ,a 575 INTERSTATE 10 SOUTH 7 . BEAUMONT; TEXAS LINE TABLE FAUS-1---m. LINEL LENGTH BEARING BEARING NG,. IC. No13 1'E T ENGINEERING-AND SURVEYI 10-00 "Serving the Golden Triangle for 10 years" L2 299.34 SOUTH . Date: JAN. 26 2005 2525 Calder Street L3 10.00 Beaumont, Texas 77702 L4 299.08 WEST Project No. 0606044 EASEMENT (409).813-3410 Fax (409) 813=3484 1M*ftr • �k City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 25, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 3-10/Consent Agenda * Consent Agenda GENERAL BUSINESS • 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling- 2)District at 2916 E. Lucas 2. Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway 3. Consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel 4. Consider a request for an appeal of the decision of the Historic Landmark Commission on the denial of a carport at 2501 Hazel 5. Consider a request for a historic preservation loan for repairs to the home at 2223 North 6. Consider a request to abandon a 6'x 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson 7. Consider authorizing the City Manager to execute a contract for the Wiess Bluff Pump Station Neches River Bank Stabilization Project 8. Consider approving a payment for emergency recovery services 9. Consider approving an ordinance declaring the structure at 439 Crockett as a dilapidated structure and order that it be razed 10. Consider approving an ordinance declaring the structure at 1435 Broadway as a dilapidated structure and order that it be razed or repaired 11. PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. � 1 July 25, 2006 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2916 E. Lucas City of Beaumont •�• Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner,Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single FamilyDwelling)District to GC-MD-2(General Commercial- Multiple Family Dwelling-2)District at 2916 E. Lucas. RECOMMENDATION The Administration recommends approval of a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District at 2916 E. Lucas. BACKGROUND Brammer Construction, Inc. has applied for a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District for 0.90 acres of land at 2916 E.Lucas. The purpose of the zone change is to allow the construction of a commercial shopping center. Proposed businesses include a washateria,nail shop, beauty shop and barber shop. The owner of the property is Duong&Le, Inc. The south 150' of Duong&Le's property is zoned GC-MD. The rest of the subject property is zoned RS. Across Idylwood is an existing convenience store. Proposed plans call for a strip shopping center facing E.Lucas with access to both E.Lucas and Idylwood. To develop the property,as proposed,will require that the remainder be rezoned.This development will provide much needed services to the north end of Beaumont. The Planning Commission felt that GC-MD-2 zoning would be more appropriate due to the surrounding residential uses. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 17,2006,the Planning Commission voted 5-0 to approve a zone change from RS(Residential Single Family Dwelling)District to GC-MD-2(General Commercial- Multiple Family Dwelling-2) District at 2916 E. Lucas. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OFTHE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 2916 E. LUCAS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 2916 E. Lucas, being the north 192.42'of the south 342.42'of Lots 1 and 2, Block 2, Lucas Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.90 acres, more or less, as shown on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day o f July, 2006. - Mayor Guy N. Goodson - 0 I+`ile! 1829-Z: Request for a zone change from RS(Residential Single Family Dwelling) NORTH to GC-MD (General Commercial-Multiple Family Dwelling)District or more At restrictive district. Location: 2916 E.Lqcas SC`A'E c LL Applicant: Brammer Construction Co.,Inc. 4 KN OD O O •5�1aa � 6' o � 4-C N 4.g 4 3 ItW a mo. �` 4 3 i> �Q w Z Z R. 3 s LLJ Im N O M- W �G L-u- C A 3s /0 ,35 /G {3sl3G 60 /G3S 5435 50 EAST LUCAS SourH LtnrE HEZEK/4 oRTH /NE ASSALGA a ro0 /�O •/sro 60 / O 54 I 54 t 26 4 53 ,� 2 53 2 25 in 52 2 3 52 24 N 51 4 51 s �, 23 50 5 54 EXHIBIT "A" 22 2 July 25, 2006 Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District in the 3900 Block of Pointe Parkway. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District in the 3900 Block of Pointe Parkway subject to providing a 30'wide landscape buffer on the south side of the property. BACKGROUND Christian Fellowship Worship Center,Inc. is requesting a specific use permit to allow a church in an RS(Residential Single Family Dwelling)District. The property is located in the 3900 block of Pointe Parkway. The initial plans call for the construction of a 15,000 sq. ft. sanctuary with Sunday school classrooms and administrative offices. Future phases include the construction of a family life center and possibly a gymnasium. The exterior of the church will be either brick or stucco finish per restrictions imposed by agreement with the developer. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 17, 2006, the Planning Commission voted 5-0 to approve a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway subject to providing a 30'wide landscape buffer along the south side of the property. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED IN THE 3900 BLOCK OF POINTE PARKWAY 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 Christian Fellowship Worship Center, Inc. to allow a church in an RS(Residential Single Family Dwelling) District located in the 3900 block of Pointe Parkway, as described in 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 church in an RS (Residential Single Family Dwelling) District located in the 3900 block of Pointe Parkway, as shown on Exhibit "B" attached hereto, is hereby granted to Christian Fellowship Worship Center, Inc, its legal representatives, successors and assigns subject to providing a 30'wide landscape buffer on the south side of the property. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" 10 and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a %" capped Iron Rod set marking the southwest.corner of the herein described tract, said corner being in the north line of that certain 4.913 acre tract conveyed by LaTEX lnvestors, L.P. to Jefferson County Drainage District No. 6 (DD6) For a 100 foot .(100) wide drainage right-of-way, described in deed as Tract 1, as recorded under County Clerk's File No. 2002000838 of the Official Public. Records of Real Property, Jefferson County, Texas, and_also being located North 03 degrees 01 minute. 43 seconds West (N 03°01'43" W) a distance of 100.00 feet (100.00) from the northwest corner of that certain 6.5229 acre fract conveyed by LaTEX Investors, L.P. to Four.Macs Beaumont, L.P. as recorded under County Clerk's File No. 2005030762 of the Official Public Records of Real Property, Jefferson County, Texas, THENCE with the west line of the herein :described tract, .North 03 degrees 01 minute 43 seconds West(N 03001'43" W) fora distance of 120.00 feet (120.00) to a %"capped Iron Rod set marking an angle point in the west line of the herein described tract; THENCE continuing along the west line of the herein described tract, North 06 degrees 23 minutes 30'seconds West (N 06'23'30" W) for a distance of 170.30 feet (170.30) to a %"capped Iron Rod set marking for comer marking an angle point in the west line of the herein described tract, THENCE continuing with the west line of the herein described tract, North 03 degrees 01 minute 43 seconds West (N 03 001'43" W) for a distance of 219.84 feet (219.84) to a %" capped Iron Rod.set marking the point of curvature of a curve to the right having a central angle of 19 degrees 44 minutes 59 seconds (19°4459), a radius of 1,000.00 feet (1000.00'), and a long chord of 342.99 feet (342.99) which bears North 06 degrees 50 minutes 46 seconds East (N 06 050'46"E); THENCE continuing with the west line of the herein described tract, along said curve to the right, for an arc distance of 344.70 feet (344.70) to a %" capped--Iron-Rod. set marking the northwest comer of the herein described tract, said corner being in the northeasterly line of said 20.0.686 LaTEX Investors tract and in the southwesterly line of that certain 9.44 acre tract of land conveyed by Arimoco Production Company to Jefferson. County. Drainage District No. 6 (DD6) for a 100 foot (100) wide drainage easement, described in deed as Tract 2-D, as recorded under'County Clerk's Film Code No. 104-01-0353 of the Official Public Records of Real Property, Jefferson County, Texas; THENCE with the northeasterly line of said 200.686. acre- LaTEX Investors tract, the northeasterly line of the herein described tract, and the southwesterly line of said 9.44 acre DD6 drainage easement, South 51 degrees 28 minutes 57- seconds East (S 51'28'57" E) for .a distance of 87.38 feet (87:38') to a 3/4". Iron Rod found marking the point of curvature of a curve'to the left having a central angle of 18 degrees 07 minutes 02 seconds (18°07'02'), a radius,of 550.00 feet (550.00), and long chord of 173.19 feet (173.19) which bears South 60 degrees 32 minutes 29 seconds East(S 60 03229"E); EXHIBIT "A„ LEGAL DESCRIPTION FOR ORDINANCE PURPOSES THENCE continuing with the northeasterly line of said 200.686 acre LaTEX Investors tract and of the herein described tract, the southwesterly line of said 9.44 acre DD6 drainage easement, and along said curve to the left for an arc distance of 173.91'.feet (173.919 to a capped iron Rod found marking the point of tangency; THENCE continuing with the northeasterly line of said 200.686 acre LaTEX Investors .tract, the northeasterly line of the herein described tract, and the southwesterly line of said 9.44 acre DD6 drainage easement, South.69 degrees 36 minutes 01 second East (S 69°36'01"E) for a distance of 465.98 feet (465.98') to an iron rod with DD6 aluminum cap marking the most southerly southeast corner of said 9.44 acre. DD6 drainage easement, the most easterly northeast corner of said 200.686 acre LaTEX Investors tract, and the northeast comer of the herein described tract, said corner being in the westerly line of that certain tract of land described in deed as Tract 1. out of that certain 300 acre tract conveyed by Amoco Production Company to Jefferson County Drainage District No. 6 (DD6) as recorded under. County Clerk's Film Code No. 104-01-0353 of the Official Public Records of Real Property, Jefferson County, Texas; THENCE with the most easterly line of said 200.686 acre La Tex Investors tract, the westerly line of said 300. acre DD6.Tract .1, and the east line of the herein described tract, South 07 degrees 38 minutes 37 seconds West (S 07 03837" W) for a distance of 521.00 feet (521:.00) to an iron rod with D66 aluminum cap marking the southeast corner of the herein described tract, said corner also marking the northeast corner of the aforesaid 4.913 acre DD6 Tract 1; THENCE with the north line of said 4.913 acre DD6 Tract 1 and the south line of the herein described tract, South 87 degrees 01 minute 05 seconds West (S 87 001'05" M for a distance of 591:40 feet (591:40) to the PLACE OF BEGINNING. CONTAINING IN AREA 10.0187 acres of land(436,414 square feet),more or less. EXHIBIT "B " ° TO ACCOMPANY AP PUCATION File 1830-P: Request for a specific use NORTH FOR SPECIFIC USE PERMIT permit to allow a church in.an RS BEAUMONP. •TEF 'EBSON COUNTY, TEXAS (Residential Single Family Dwelling) JUNE 2006 District. SCALE ' APPLICANT' ' Location: 3900 block of Pointe Parkway N.T.S. CSRIS"W FELLO?rSRZP 1P0RSHIP CENTER, INC. Applicant: Christian Fellowship Worship P.O. BOX 5759 Center,Inc. BEAUMONT, TMS 77726 arrull& PREPARED BY co► tans Ck sun-qv,s \• \ na. 3120 Fannin svmr. . . \ \ na Bea n4 To=77701 \ (409)833-3363 4.417A HOMSAR, \ PROPERTIES, L L.C. 28.78M,i \ fRL 282ACM BESFRVED RoD)—� Ac RM-H GC-MD-2 \ GC-MD-2 9I AC RM-H DELTA ROAD DEVELOPERS, INC. \ RM-H 1L1AC FO OX APARTMENT DEVELOPMENT; LTD. —————————— I R-S I.20 ACRES A-R 4913AC IIESLgI' UNITED i popvyB �ic b �RRCH I OIIR YLCS 9.0808AC B ��ACLY. �,<^ 21006AC 19.000AC I RM-H RM-H R. BLREFMD RM-H 4 9.908AC Q Iq GC-MD-2 I �CT GC-MD-2 z� 1R4CTC FOLSOY L114AC BELUI(ONT SCBIPI a 4.661 AC Y®GROUP k FAY¢Y CARE .628A nucr PRACTICE INC. 3.B18AC B 4.7758AC 3S813AC O L148AC FOLSOM DRIB DRdDVLGB DLSIRICT 8� (aoa wrtw�pn etsN a7 SCALE . 17— 100' _ _ - _ / / DETENTION BASIN"A"—� ._-�.•_ JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 ZONED A—R 10,Pram asnim (anay.cAS) JEFFERSON COUNTY` DRAINAGE DISTRICT NO. 6 JEFFERSON COUNTY Ex5rM DRANWE CNwNE1 i' / _ DRAINAGE DISTRICT 6 I �—-—•tz'1111—- ' ' GYMNASIUM ® ® — / �'41) i 13.000 0 Fo sh _ ro Iz>�w 2 n BLDG i LIFE CENTER 10,0000 15,000 ld / x MWICE / > ------32'DRIVE- u I TRACT J , 10.0187 ACRES _ 3o wnsEAPne BuPrEx O �'• � (�„< 4Y as.;,ess�sco� ..�:: i1.w pry.as 3F iwe iF .n,Fn I .��. - N r p : fExistr,c SFCROrO III - —aa—( DDIIECIDRExnwsaN) -� .�PKWY O y O N CONCEPTUAL DEVELOPMENT PLAN — I LaTEX - --- -- -- INVESTORS,L.P. 81.20 ACRES ZONED R—S y y 4-a / \ Q. EXHIBIT "C" 0 CONCEPTUAL SITE PLAN TO ACCOMPANY SPECIFIC USE PERMIT APPLICATION -d NOTES: FOR SITE PLAN 1) WATER, SANITARY SEWER, TELEPHONE, ELECTRICAL A 10.0187 ACRE TRACT PHASE ONE _ SERVICE, GAS, ETC. ARE AVAILABLE TO THIS SITE SANCTUARY/OFFICE/ETC O AS A PART OF THE CONSTRUCTION OF POINTE' OUT OF ROOF HEIGHT(MAX)-35' M PARKWAY(HIGHLANDS POINTE'SUB'D). THE W. DIKES SURVEY, ABS. N0. 17 TOTAL AREA-15,000 SF cd 2) LANDSCAPING, SIGNAG& LIGHTING, AND SCREENING LOCATED IN TOTAL PARKING-324 SPCS .v REQUIREMENTS WILL COMPLY WRH APPLICABLE HOC PARKING-10 SPACE 1 ZONING ORDINANCE REGUfA77ONS. BEAUMONT, JEFFERSON COUNTY, TEXAS o 64 A-4 APPLICANT: EXHIBIT PREPARED BY: x CHRISTIAN FELLOWSHIP Carrog& WORSHIP. CENTER, INC. laclTv-w' 3120 P�Rn1 Soea P.O. BOX 5759 »G B.a"n-4 r 7MI BEAUMONT, TEXAS 77726-5759 DATE:NNE 3006 DWG BY:J.PAM 3 July 25, 2006 Consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel Cit y of Beaumont Council Agenda Item OL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel RECOMMENDATION The Administration recommends denial of the request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel. BACKGROUND On April 10,2006,the Historic Commission denied a request for a certificate of appropriateness that would allow the colors that Conni Rogers painted her house. The main body of the house and the trim were painted two shades of blue. No certificate of appropriateness was applied for or approved prior to painting the house. Sec. 30-21.2 of the Zoning Ordiance states that property owners shall use a dominant color that complies with the officially adopted Acceptable Color Range. Any dominant color that is not within the officially adopted Acceptable Color Range must be reviewed and approved by the Historic Landmark Commission based upon their appropriateness to and compatibility with the structure, blockface and the historic district. Ms.Rogers states that she had the two shades of blue in mind for well over a year and was not aware that the colors were inappropriate with the Historic District guidelines. She says that she is financially unable to repaint the house. At the May 16, 2006 City Council appeal hearing, Virginia Jordan, the President of the Old Town Neighborhood Association, stated that the Association felt that some sort of compromise could be worked out which would be satisfactory to all involved. An anonymous donor was willing to contribute up to $200.00 to help defray costs. The item was tabled pending further discussions between the parties. Members of the Old Town Neighborhood Association agreed to paint the house for Ms. Rogers. Ms. Rogers picked out a trim color that was approved by staff and a crew was scheduled to paint on Saturday, July 15. On Monday,July 17,staff was informed by e-mail from Ms.Jordan that Ms.Rogers forbid the crew from painting any thing more than the trim on the front of the house. Therefore,the house is not in compliance with Sec. 30-21.2 of the Zoning Ordinance. BUDGETARY IMPACT None. PREVIOUS ACTION At a regular meeting held April 10, 2006, the Historic Landmark Commission voted 8:0:1 to deny the paint colors. At a regular meeting held May 16, 2006, the City Council voted 7:0 to table the appeal. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director and the Planning Manager. "07/16/2005 09:37 PM Ralph Jordan" To: <srichardson @ci.beaumont.tx.us> <rjordan @gt.rr.com> cc: <virginia.jordan @total.com> Subject: Reporting in on Hazel Blue House Paint effort 7/15/06 1 thought it important for you to hear how things went when we assembled to re-paint the trim on the Rogers house this Saturday. Ralph and I purchased 4 gallons of paint, that was selected by Ms. Rogers, as well as several painting tools to prepare for the job. We hoped all the while for a decent showing of neighbors to help make the painting less of a chore. Saturday, just before 8:30 am, we met at the house with brushes and ladders in hand. About a dozen well-meaning folks showed up, taking time out from the numerous tasks at their own homes. Doctors, geologists, lawyers, designers, industry supervisors, city employees, and stock brokers comprised the motley crew. Bless them! Ms. Rogers met us in the driveway, exhibiting a tremendous amount of hostility. She had the digital photo Adina provided in hand and proceeded to inform us that the only trim we were painting on her house was the white on the enhanced photo......and not one dab more. Her lawyer had advised her that that's all she had to allow (?). She thought that meant the trim along the front......nothing down the sides, or across the carport. We tried to convince her that anything seen from the street should be painted. We weren't successful. She was incredibly rude and berated us continually. We decided to only do what she was willing to let us do ------using paint she selected, remember......and completing a job that she agreed to in your office. Ms. Rogers further said her real estate agent had called and apologized to her for not telling her about the neighborhood ordinances. Long time Oaks resident and supporter, Marc McDonald, sold her the house and reportedly told her about the historic district's ordinances. He even gave her a lawn mower and edger to help her keep up her yard.... She asked us repeatedly if we wanted to buy the house. She even left at one point - to purchase For Sale signs, she said. We painted what little we could. It looks perfectly ridiculous and does not comply with the agreement with her to paint the trim on her house a light color of her choice. We were harassed and belittled. She treated our group miserably.....This is the same group that was willing to volunteer time and money to help her comply with the compromise reached with P&Z, after she had bypassed the ordinances. It would have looked decent- if we had been allowed to actually paint the trim including all the front and sides, at the very least.....and window frames, etc. The dark blue works as an accent if left on the shutters and front door, perhaps. But that can only be accomplished through intervention on your part to make sure that the compromise is carried out. If that is not done, we have been left hanging by this process and all involved in it. If we are not committed to following through to see that rules are followed after decisions are handed down, the process is worthless and we have been grievously misled. All in all - this was a good lesson - It's true that "no good deed goes unpunished." We've learned a lot. Perhaps you have also. We now look to you to compel Ms. Rogers to complete painting the trim on that house. We have furnished the paint - offered the labor at one point but never again. When the cry comes back that she can't afford to re-paint, please remember that she has approximately 3 gallons of free trim paint that she selected. She should only need a 1/2 gallon at the most. As far as the cost of the labor to do the job...... I suggest she be encouraged to climb a ladder and do it herself. We do........ and we did ---on her behalf. We did not consider ourselves too good to do her handiwork - It was all in the spirit of supporting our neighborhood. At least - we enjoyed each other.....and finally the absurdity of the whole fiasco. Please let us know what you intend to do. We've all been bam-boozled....and it shouldn't stop here. The ball is in your court. Virginia Jordan, President Oaks Historic District Neighborhood Association ORDINANCE NO. ENTITLED AN ORDINANCE TO APPEAL THE DECISION OF THE HISTORIC LANDMARK COMMISSION FOR THE PROPERTY LOCATED AT 2270 HAZEL STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Conni Rogers made a request for a certificate of appropriateness to allow certain paint colors on her house located at 2270 Hazel Street, Beaumont, Jefferson County, Texas; and, WHEREAS, after conducting a public hearing and hearing the evidence concerning the application, the Historic Landmark Commission voted to deny the request; and, WHEREAS, pursuant to the ordinances of the City of Beaumont, the applicant, Conni Rogers, has filed an appeal of the decision of the Commission to the City Council for the City of Beaumont. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Council considered the request of Conni Rogers for an appeal of the decision of the Historic Landmark Commission denying a certificate of appropriateness to allow the paint colors to remain on her house located at 2270 Hazel Street, Beaumont, Texas. The Council after considering the request, the evidence provided in support of the request and the staff response finds and determines that the request should be granted/denied. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - 4 July 25, 2006 Consider a request for an appeal of the decision of the Historic Landmark Commission on the denial of a carport at 2501 Hazel MAW City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of a carport at 2501 Hazel. RECOMMENDATION The Administration recommends approval of the appeal subject to the following conditions: The existing carport will be moved off of the right-of-way. The carport will be setback a minimum of ten(10) feet from the property line on 9' St. and sit parallel to the street. A minimum(6)foot tall wood screening fence will be constructed along the east and north sides of the carport to provide screening. BACKGROUND On April 10,2006,the Historic Commission denied a request for a certificate of appropriateness that would allow the carport that was constructed at 2501 Hazel. No certificate of appropriateness was applied for or approved prior to building the carport. Section 30-21.2 of the Zoning Ordinance states that accessory buildings must be compatible with the scale,shape,roof form,materials,detailing and color ofthe building. This carport does not meet these requirements and is clearly seen from the street. In addition,the carport is extending into the right-of-way. At the May 16, 2006 City Council appeal hearing, Virginia Jordan, the President of the Old Town Neighborhood Association, stated that the Association felt that some sort of compromise could be worked out which would be satisfactory to all involved. The item was tabled pending further discussions between the parties. The Neighborhood Association submitted to staff a suggestion that they would be agreeable to. This suggestion was agreed upon by Ms. Sharpton and staff. BUDGETARY IMPACT None. PREVIOUS ACTION At a regular meeting held April 10, 2006, the Historic Landmark Commission voted 9:0 to deny the carport. At a regular meeting held May 16,2006,the City Council voted 7:0 to table the appeal. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and the Planning Manager. . f d n N O N� � N CA,eP0A7- I i�3e Mi,✓. 0 ,— 4' fti 0 The existing carport will be moved off of the right-of-way. Z The carport will be setback a minimum of ten(10) feet from the property line on 9' /v TS St. and sit parallel to the street. A minimum(6)foot tall wood screening fence will be constructed along the east and north sides of the carport to provide screening. ORDINANCE NO. ENTITLED AN ORDINANCE TO APPEAL THE DECISION OF THE HISTORIC LANDMARK COMMISSION FOR THE PROPERTY LOCATED AT 2501 HAZEL STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Yvonne Sharpton made a request for a certificate of appropriateness to allow a pre-fab metal carport/storage building for property located at 2501 Hazel Street, Beaumont, Jefferson County, Texas; and, WHEREAS, after conducting a public hearing and hearing the evidence concerning the application, the Historic Landmark Commission voted to deny the request; and, WHEREAS, pursuant to the ordinances of the City of Beaumont, the applicant, Yvonne Sharpton, has filed an appeal of the decision of the Commission to the City Council for the City of Beaumont. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Council considered the request of Yvonne Sharpton for an appeal of the decision of the Historic Landmark Commission to deny a certificate of appropriateness to allow a pre-fab carport/storage building on property located at 2501 Hazel in Beaumont, Texas. The Council, after considering the request, the evidence provided in support of the request and the staff response finds and determines that the request should be granted subject to compliance with the following conditions: The will be moved off of the right-of-way. The carport will be setback a minimum of ten (10)feet from the property line on 9th St. and sit parallel to the street. A minimum (6) foot tall wood screening fence will be constructed along the east and north sides of the carport to provide screening. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - 5 July 25, 2006 Consider a request for a historic preservation loan for repairs to the home at 2223 North Cit y of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for a historic preservation loan for repairs to the home at 2223 North. RECOMMENDATION The Administration recommends approval of the request for a historic preservation loan for repairs to the home at 2223 North. BACKGROUND Dale and Nathalie Hallmark have applied for an historic preservation loan for work to be done to the foundation of their house at 2223 North. The Hallmarks state that the work will involve leveling the house, straightening all crooked blocks, installing twelve new concrete blocks and bases and installing termite shields. The loan amount is $3,200. Monthly payments would be$133.33 for twenty-four months. BUDGETARY IMPACT The Historic Preservation Loan program is funded with CDBG money. Currently,there is$42,000 in the Preservation Loan Account. PREVIOUS ACTION At a Regular Meeting held July 10,2006,the Historic Landmark Commission voted 7:0 to approve the historic preservation loan for repairs to the home at 2223 North. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Finance Officer, Planning Manager. GUIDRY'S HOUSE LEVELING 3615 Westmoreland Street Business (409) 840-5596 Beaumont, Texas 77705 Home (409) 842-4674 Date: May 2, 2006 Pager (409) 841-9919 Proposal Proposal Submitted To Work To Be Performed At Name Mrs. Hallmark Name Mrs. Hallmark Street 2223 North St. Street 2223 North St. City Beaumont, Texas 77701 City Beaumont, Texas 77701 Telephone No. 833-1746 790-1977 Telephone No. 833-1746 790-1977 We hereby propose to furnish all the materials and perform all the labor necessary for completion of Not responsible for any damages that may occur during leveling. Level house from highest grade Straighten all crooked blocks due to shifting Install termite Shields as needed. Install 12 ea. 4xl6xl6 concrete bases Install 12 ea. 8x8x12 concrete blocks All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a workman like manner for the sum of Thirty Two Hundred Dollars ($3200.00), with payments to be made as follows: ($1400.00)when work has started and($1800.00) upon completion. Make PayMents To J. J. Guidry ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date '�/'�1 At Signature � l RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve a historic preservation loan from the Historic Preservation Loan Fund in the amount of $3,200 to Dale and Nathalie Hallmark for renovation of the residence at 2223 North, Beaumont, Texas. The work consists of: leveling the house; straightening all crooked blocks => installing twelve new concrete blocks and bases; and E:> installing termite shields. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - • 6 July 25, 2006 Consider a request to abandon a 6'x 85' portion of a 15'wide utility easement along the rear of the property at 1920 Edson • • 1 City of Beaumont UP., Council g it A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request to abandon a 6'x 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson. RECOMMENDATION The Administration recommends approval of the request to abandon a 6'x 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson. BACKGROUND Mr.and Mrs.David Truax are requesting the abandonment of the west 6'of a 15'utility easement that runs along the rear of their property at 1920 Edson. The Truax's wish to install a swimming pool in their backyard. This item was sent to all interested parties. No negative responses were received. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held July 17, 2006,the Planning Commission voted 5:0 to approve a request to abandon a 6' x 85'portion of a 15' wide utility easement along the rear of the property at 1920 Edson. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 6' X 85' PORTION OF A 15' WIDE UTILITY EASEMENT LOCATED ALONG THE REAR OF THE PROPERTYAT 1920 EDSON IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 6'X 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson, being the west 6 feet x 85 feet of the 15 foot utility easement along the rear of Lot 28 and the south 5 feet of Lot 29, Block 1, Tall Timbers Addition, City of Beaumont, Jefferson County,Texas, containing 0.011 acres, more or less, as described on Exhibit"A" attached hereto, be and the same are hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - t $ JJ6 �! is f /bzsi `:ee n C T 6 If /0 File 694-OB: Request for the abandonment of 6' of a 15' utility easement. NORTH Location: 1920 Edson /s Applicant: Carl Wood . .r. SCALE 1"=200'" 1 � itJ Q e LANE i/J O /?0 6YJ' 0 1 ti P J60 43 }k t Y ? n ! "IN ' C� h Y ;4loDD ? io /o0 JIB se a C lJ 1 Olt h 130 w p / t/ad 7 k t 0 REGINA LN. $ so 90,0 AM J71 Vd`50 LAN its e jo 'Z� A ` A e w p _. jo ANE j � U1 y f U)` i7 a so Q is 1A O. t" Y to n � W es % C it �! p 1/19 / " 03 AM h so 4 1 $ 1. a Me 4 61 „t EXHIBIT "A" • 7 July 25, 2006 Consider authorizing the City Manager to execute a contract for the Wiess Bluff Pump Station Neches River Bank Stabilization Project Bea umont City of Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hann J. Tohme,Water Utilities Director MEETING DATE: July 25,2006 AGENDA MEMO DATE: July 19, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Wiess Bluff Pump Station Neches River Bank Stabilization Project. RECOMMENDATION Administration recommends approval of a contract with Laughlin Thyssen,LTD.,Houston,Texas,in the amount of$917,000.00 for the construction of the Proposed Wiess Bluff Pump Station Neches River Bank Stabilization Project.The project will stabilize 340 linear feet of river bank by installing geotextile fabric and rock rip-rap. Additionally, supports for the intake pipes will be installed with location bouys. The MBE goal will be met through subcontracts with the certified MBE firm of J and P Trucking for a total amount of$96,525.00. This amount represents 10.53 percent of the total bid. BACKGROUND The proposed improvements will protect the raw water pump station used during drought conditions.The primary raw water intake is at Bunn's Bluff. However, during drought conditions the water level drops lower than the intake pipe level. During such occurances,the intake at Wiess Bluff becomes the primary inlet for the raw water source.The proposed improvements will stabilize the Neches River bank damaged during Hurricane Rita to protect the emergency raw water source. BUDGETARY IMPACT Funds for the project are available in the Capital Program. The majority of the funds for the project are available in the form of a 75 0/o/25%grant by National Resource Conservation Service. Resolution 06-024 was passed by City Council on January 24, 2006 accepting the grant in the amount of$1,500,000.00. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. BID TABULATION WIESS BLUFF PUMP STATION NECHES RIVER BANK STABILIZATION BID OPENING DATE: THURSDAY, July 13, 2006 @ 2:00 p.m. The Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate tabulation of the bids received By: /!�>r..._� -7x/3/6 Patrick Donart,EIT, Water Utilities Engineer Date:07/13106 LAUGHLIN THYSSEN,LTD. BRYSTAR ERS,INC. ITEM QUANTITY DESCRIPTION HOUSTON,TX CONTRACTING INC. JACKSON,MS NUMBER JOE LAUGHLIN BEAUMONT,TX. TODD ROBERTS BRYAN PHELPS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO.1 1 MOBILIZATION. $27,000.00 $27,000.00 $28,000.00 $28,000.00 $30,000.00 $30,000.00 ITEM NO.2 1 Clear and grub the area to receive rip-rap. $300,000.00 $300,000.00 $370,000.00 $370,000.00 $350,000.00 $350,000.00 ITEM NO.3 1 Furnish and Install pipe supports and bouys. $110,000.00 $110,000.00 $80,000.00 $80,000.00 $230,000.00 $230,000.00 ITEM NO.4 1 Furnish and Install geotextile fabric and rip-rap. $430,000.00 $430,000.00 $442,275.00 $442,275.00 $560,000.00 $560,000.00 ITEM NO.5 1 Demobilization and restore site to original $50,000.00 $50,000.00 $13,500.00 $13,500.00 $16,000.00 $16,000.00 condition. TOTAL $917,000.00 $933,775.00 $1,186,000.00 Pa*f 1 9 CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE Q D;uc of'Rc1)0rt I)chartmcnl Piojcct N0. EOcatiOn LAN GINA �to ,_ S&C—)'4,UPI�S. l o1al ('onlract lmuunt $ 91 Namc ol'l'rimc Conimctor'Pro1)0scr I YPI:(W WORK(EEECFRICAI.. PAVING. F IV.) PROIE( II U NAMI OI MINOItI fY AND CONTRACT I ITINS OR PARTS TI1FRI:OF CON1N11:N('I:VIIA I & ViR,1::ED I OI\ ADDRESS TO BI--' PERFORMED CO\1 IIT1:1 1ON DA 11:: 111v1W WE 1110 h! - .J t�i Rv c 1c I rs C� i3FAvmoN-t' '�'rto t bump i pw Ply S2-!S�°= I he undcr�i,,ncd \\ill cntcr into a formal aurccmcnt kith MBE Contractors fur Ncork hstcd in this schc(I11lc cunditioncd 111)011 cWcu6011 01'a Colman ith the l'It '13caum0nt. N I I. aily husiII listed ah0vc must haNc Schcdulc A on liIc\Nith the Cite. "L 11" lUlc( is to he i tic]udcd kith bid.and resuhmittcd at JIl"o and 100 of hrujcct com1)1cti0n. Si& urc I itic ,7 RESOLUTION NO. WHEREAS, bids were received for a contract for the construction of the Proposed Wiess Bluff Pump Station Neches River Bank Stabilization Project; and, WHEREAS, Laughlin Thyssen, LTD, Houston,Texas,submitted a bid in the amount shown of$917,000; and, WHEREAS, City Council is of the opinion that the bid submitted by Laughlin Thyssen, LTD, Houston, Texas, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Laughlin Thyssen, LTD, Houston, Texas, in the amount of $917,000 for the construction of the Proposed Wiess Bluff Pump Station Neches River Bank Stabilization Project be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - 8 July 25, 2006 Consider approving a payment for emergency recovery services • City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 14, 2006 REQUESTED ACTION: Council approval of the payment for emergency recovery services. RECOMMENDATION Administration recommends the approval of a payment to Belfor USA of Houston in the amount of $710,645.41 for emergency recovery services at the Julie Rogers Theatre and Tyrrell Historical Library. BACKGROUND Both the Julie Rogers Theatre and the Tyrrell Historical Library suffered water intrusion as a result of Hurricane Rita. Representatives of Crum and Forster,our primary insurance company, contacted Belfor USA, a company that specializes in water extraction and moisture control, and asked that its services be instituted as soon as possible, so that the water damage could be stopped and brought under control. The City worked in cooperation with the insurance company because it was in our mutual interest to get this matter under control as quickly as possible. Additionally, these services were to be paid for by the insurance company. Belfor was on site from September 29 to December 6, 2005. The obligation to make this payment transferred from Crum and Forster to the City when the insurance company decided to end its participation, and the City received the full $5,000,000 that Crum and Forester had at risk under its policy. The City's other insurance companies have agreed that Belfor's services were necessary and appropriate. Belfor has not presented the City with a final payment request. The Houston office has indicated that there are a minimal amount of additional charges that will not be billed until the final insurance settlement has been approved. Belfor USA July 14, 2006 Page 2 BUDGETARY IMPACT Funds for this project are available from insurance proceeds. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves payment in the amount of$710,645.41 to Belfor USA, Houston, Texas, for emergency recovery services from Hurricane Rita at the Julie Rogers Theatre and Tyrrell Historical Library. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - s 9 July 25, 2006 Consider approving an ordinance declaring the structure at 439 Crockett as a dilapidated structure and order that it be razed City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: June 20, 2006 REQUESTED ACTION: Council consider an ordinance declaring the structure at 439 Crockett as a dilapidated structure and order that it be razed. RECOMIkIENDATION Administration recommends Council consider an ordinance declaring the structure at 439 Crockett as a dangerous structure and order that it be razed. BACKGROUND On June 6, 2002, City Council approved a condemnation order for the structure at 439 Crockett Street. This order was an amendment of a July 31, 2001 order, which allowed the new owner or owners an opportunity to enroll in a work program. The new owner never entered into a work program. Since 2002, the property has changed owners on several occasions with no work being performed on the structure. Additionally, the structure sustained extensive damage as a result of Hurricane Rita. The hurricane damage, coupled with the condition of the building prior to the hurricane,does not make it suitable for repair and/or rehabilitation. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION Council approved condemnation orders in July 2001 and June 2002. The structure has been enrolled in one work program. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Building Official ORDINANCE NO. ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 439 CROCKETT TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the building located at 439 Crockett to be a public nuisance in that said building violates Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and is for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the building located at 439 Crockett demolish and remove said structure_within_ten (1-0)--days of the effective date of-this-ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. 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 any person who violated any provision of this ordinance shall,upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE August 23, 2003 WARD 3 ADDRESS OF INSPECTION 439 Crockett(Commercial) OWNER Crockett St. Development LTD c/o Tom Flanagan ADDRESS 490 Park St. Ste. 200 CITY/STATE (01)-2900 APPRAISAL VALUE Land Value 37500 Improvement Value 51550 Total Value 89050 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X Previous owner A Enrolled in Work Repair Program? YES X NO 01/31/02 thru 05/31/02 MAJOR CODE VIOLATIONS: This is a commercial two story structure. The roof is severely damaged and for the most part is either collapsing or missing This structure has extensive water damage and rot. All of the glass has been broken or blown out from the storm This structure had significant deterioration prior to Hurricane Rita. The storm only worsened the condition making this a ve!3 danggrous structure. The structure's windows and doors that have glass remaining are in a condition that could cause a great danger to anyone who may enter the building The exterior walls also sustained considerable damage from the storm. The interior flooring, ceilings and walls are damaged and will need to be repaired All electrical wiring and electrical fixtures will need to be replaced All plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • y, t ff o �g 2 <, e i • h v 0 age Rol • 439 CROCKETT & 400 ORLEANS r- 3 +t;... T k ; s k i , y � R .q t NOW w T w r *: f w tfi � r r y � . ",.u; a t i W a x iO • t w r` N -w �. +� k '��� 4'y ."�♦ 'sir � iF y�. �ar b x imm- >. 111 = 1�111 7 400 ORLEANS & 439 CROCKETT SIDE VIEW FROM CROCKETT ST. ll x X10 y F .T S. oo REAR VIEW FROM REAR PARKING LOT Y t • m 1 a r .k � 3gg A mw X46. w ` r s � III � m p. _ N w v v � p ' 10 July 25, 2006 Consider approving an ordinance declaring the structure at 1435 Broadway as a dilapidated structure and order that it be razed or repaired P.. City of Beaumont �• Council Agenda Item 'M c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: June 29, 2006 REQUESTED ACTION: Council consider an ordinance declaring the structure at 1435 Broadway as a dilapidated structure and order that it be razed or repaired. RECOMMENDATION Administration recommends Council consider an ordinance declaring the structure at 1435 Broadway as a dangerous structure and order that it be razed or repaired. BACKGROUND In February 2005, the structure at 1435 Broadway was presented to City Council for a condemnation order. The property owner appeared before Council and requested that structures having historical significance be allowed additional time to complete repairs. As a result of this request, no action was taken on this property. On March 22,2005, City Council approved an ordinance adding a new section to identify structures which have been tagged as a dangerous structure,as having historical significance and providing time frames for their repair and/or rehabilitation. The zoning for the property at 1435 Broadway was established as an HC- L (Historical-Cultural Landmark Preservation) Designation by City Council on June 7, 2005. On June 7,2005, the property owner entered into a work program that provided a one-year time frame for substantial completion of the structure and an additional one-year period to receive the Certificate of Occupancy. The Building Codes Division was contacted by the owner on June 15,2006,-requesting additional time to complete the required repairs for the work program. The property owner indicated that he has been unable to continue with repairs due to Hurricane Rita. Failure to complete substantial repairs prior to the one-year period would allow the City to demolish the structure without any further notification to the property owner. During preparation of a request to extend the time frame, it was determined that there was not a condemnation order for this structure. In order to provide proper notice to the property owner and a legally binding condemnation order, it will be necessary for City Council to approve a condemnation order for the structure at 1435 Broadway. Upon approval of the condemnation order, the property owner will be required to enter into a new work program in which he will have one year to complete substantial repairs and one additional year to obtain the Certificate of Occupancy. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION Council approved the HC-L Designation on June 7, 2006. The structure has been enrolled in eight (8) work programs. SUBSEQUENT ACTION Property owner will be required to enter into a work program within ten (10) days after Council action. RECOMMENDED BY City Manager, Public Works Director and Building Official Broadway 1435CondemnationOrder.wpd June 29,2006 ORDINANCE NO. ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 1435 BROADWAY TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the building located at 1435 Broadway to be a public nuisance in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont,Texas, it is hereby ordered that the property owner(s) of the building located at 1435 Broadway execute a work program with the City within ten (10) days of the effective date of this ordinance and either demolish or have completed substantial repairs within one year from the date of the execution of the work order and one additional year to receive a Certificate of Occupancy. Should the owner(s)fail to execute a work program as ordered or fail to obtain substantial completion as defined in the work program, within one year from the initiating date of the work program, Council hereby orders that the property be demolished without further notification to the property owner(s) or City Council action. Section 3. If the property owner requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan executed prior to the enrollment of the property in the work program. Section 4. 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 5. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. Mayor Guy N. Goodson - SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE September 20, 1991 WARD 3 ADDRESS OF INSPECTION 1435 Broadway OWNER Mark W Bergeron ADDRESS 3730 Evalon CITY/STATE�06�-4723 APPRAISAL VALUE Land Value 5650 Improvement Value 3820 Total Value 9470 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Program? YES X NO 08/18/92 thru 1VIM2 07/12/95 thru 11/12/95 Extended untll 06/30/96 03%03197 thru'07/03/97 OMID7 thru-11/21/97 07!19!99 thru 11119/99 10/09/00 thru 02/09/01 06/20/05 thru 06/20107 MAJOR CODE VIOLATIONS: The structure has a new roof. It was not damaged by Hurricane Rita. The structure did sustain a small amount of damage from Rita. Most of the windows have all the glass broken out The exterior siding is being changed but has not been completed. Some painting of the exterior has been done but not completed Exterior doors still need to be replaced. There is evidence of termite damage but on the day of the last inspection there was an exterminator at the structure. Structure still has a lot of work not completed in the interior. No electrical permit or plumbing permits have been purchased. No electrical work other than a temporary electrical pole that supplies the alarm system has been completed. A small amount of the rough-in plumbing has been completed but nothing else. The structure is secured and being maintained The structure is very near the dry-in stage. SEE ATTACHED PHOTOS �.-�,, , ��� .,. .' x�», r �.., ��,� -n.-,...., a ♦�� ; �� ✓' �-, �.,. ,:. .�, .... ,..,. �.", .Ma-.. �,. .,,. .. r. t �. „� � �• ., �. ,. • .. � e .� ,. .. �.. .� �, ., �., �� .. -" � R u„p v•� . '.. y t � a ... .m. s; <. � w* s ��.�. '� . � _ y �. `� .r �" ;: L7� ( 7 i".G+�'� to t Y d � e t i F VAR . 1. • v" 07.1 y w1 , 2 �Y , , . \ .� . . � : \} : \\ ° � � � @� � � « � � m � »?2 :.:y>> � m . y . : �?w. . � \ � . . » «.�� � � � � ��». � 22 5ƒ«- � ��,r .: � � � � � � � w��». w:�y . � a a. ^ 2 \ ° < � � � % . , , � �\ ! . � �\�\� : . � . \\ � }��� �\�« � \ :�� y. x ® « y y.:, �:�� . ° � 3;���w»«2i � \ ����j - . . : y> , \«:����. < 2^ . : . �} � § \��%� ? � a �s . s k .:d`�-1���k�� fir.•i v �+ EYW� fp Ty A �u .e • A T � � Aw a w t� g ft's a MRW H M _ i e S All a ism K -9 w s , T.i,,. WIA 10, K, Pry 4 x+rr w 4 � { � r ry k� A*'Il3, I�f• „ r I 5 �x { o Aft� iCs K F � ,• lk r • 11 July 25, 2006 PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program • City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: City Council,after conducting a public hearing,consider an ordinance to declare the following sixty-three (63) structures to be dangerous structures and order the owners to raze said structures within ten(10) days. If the property owner fails to comply within ten(10)days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally,if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has been established prior to the enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 2925 Amarillo 11. 3925 Congress Avenue (1) 2. 1545 Avenue B (Garage Apartment) 12. 2095 Corley (Garage) 3. 2393 Avenue D(Garage Apartment) 13. 3105 W. Crockett 4. 3037 Brenham 14. 520 E. Delaware 5. 2095 Cable Avenue (1) 15. 3230 Elinor 6. 2250 Cable Avenue (1) 16. 2210 Euclid 7. 855 Caldwell (1) 17. 1535 Evalon 8. 580 N. Circuit Drive 18. 11155 Fleming Lane 9. 2385 Clearview 19. 3895 Fonville Avenue (1) 10. 8345 College (Commercial) 20. 3945 Fonville Avenue (#� Indicates number of times structure has been enrolled in work program. Continued 21. 2370 Forrest 43. 2495 Magnolia(Commercial)Carwash 22. 4920 Forsythe 44. 3215 Magnolia(Metal Shed) 23. 850 S. a Street (Commercial) 45. 3477 Magnolia 24. 1760 Gladys 46. 280 Manning 25. 3280 Glenwood 47. 1062 McFaddin 26. 1190 Gulf 48. 5680 Mel Sha Lane 27. 665 Harriot (1) 49. 1285 North 28. 2870 Harriot(Garage Apartment) 50. 1335 Park(Commercial) 29. 4694 Hartel 51. 1315 Pipkin (1) 30. 3245 Highland (1) 52. 741 Prairie 31. 582 Hill 53. 3610 Robinson 32. 1110 Iowa (1) 54. 3755 Robinson 33. 1711 Irving(Commercial) 55. 3890 Robinson 34. 1945 Irving(Commercial&Rear Bldg. 56. 8215 San Bruno 35. 2057 Irving 57. 1025 Steve Drive 36. 2107 Irving(Commercial) 58. 1035 Steve Drive 37. 460 Jeanette 59. 220 Todd 38. 3206 Lampassas 60. 2501 Tyler(Rear Auxiliary Bldg) (1) 39. 1575 LaSalle 61. 1016 Victoria 40. 1615 LaSalle 62. 2840 Willard 41. 1250-60 Madison Avenue 63. 4010 Willie Mae 42. 3350 Maida Road (#) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends City Council condemn these sixty-three (63) structures and order the owner to raze within ten(10)days. Additionally,if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has been established prior to the enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. BACKGROUND It has been determined that these structures meet the definition of a dangerous structure and have deteriorated to a condition that they are no longer considered suitable for repair. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION These structures have been inspected by the Building Codes Division and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Building Codes Division will demolish or cause to be demolished said structures. RECOMMENDED BY City Manager,Public Works Director and Building Official. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 2925 Amarillo 33. 1711 Irvin Commercial 1545 Avenue B (Garage Apartment) 34. 1945 Irvin Commercial & Rear Bldg. 2393 Avenue D (Garage Apartment) 5. 2057 Irvin 3037 Brenham 36. 2107 Irvin Commercial 2095 Cable Avenue 37. 460 Jeanette 2250 Cable Avenue 38. 3206 Lam assas 855 Caldwell 39. 1575 LaSalle 580 N. Circuit Drive 40. 1615 LaSalle 2385 Clearview 41. 1250-60 Madison Avenue 10. 8345 College (Commercial) 42. 3350 Maida Road 11. 3925 Congress Avenue 43. 2495 Ma nolia Commercial Carwash 12. 2095 Corley (Garage) 44. 3215 Magnolia Metal Shed 13. 3105 W. Crockett 45. 3477 Magnolia 14. 520 E. Delaware 46. 280 Manning 15. 3230 Elinor 47. 1062 McFaddin 16. 2210 Euclid 48. 5680 Mel Sha Lane 17. 1535 Evalon 49. 1285 North 18. 11155 F1 ming Lane 50. 1335 Park Commercial 19. 3895 Fonville Avenue 51. 1315 Pi kin 0. 3945 Fonville Avenue 52. 741 Prairie 1. 2370 Forrest 53. 3610 Robinson 2. 4920 Forsythe 54. 3755 Robinson 3. 850 S. 41n Street Commercial 55. 3890 Robinson 4. 1760 Gladys 56. 8215 San Bruno 5. 3280 Glenwood 159.7. 1025 Steve Drive 6. 1190 Gulf 8. 1035 Steve Drive 7. 665 Harriot 220 Todd 8. 2870 Harriot(Garage Apartment) 0. 2501 Tyler Rear Auxiliary Bldg) 9. 4694 Hartel 1. 1016 Victoria 0. 3245 Highland 2. 2840 Willard 1. 582 Hill 3. 4010 Willie Mae 32. 1110 Iowa to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. 1. 2925 Amarillo 33. 1711 Irvin Commercial 2. 1545 Avenue B (Garage Apartment) 34. 1945 Irvin Commercial & Rear Bldg. 3. 2393 Avenue D (Garage Apartment) 35. 2057 Irvin 4. 3037 Brenham 36. 2107 Irvin Commercial 2095 Cable Avenue 37. 460 Jeanette 2250 Cable Avenue 38. 3206 Lam assas 855 Caldwell 39. 1575 LaSalle 580 N. Circuit Drive 40. 1615 LaSalle 2385 Clearview 41. 1250-60 Madison Avenue 10. 8345 College (Commercial) 42. 3350 Maida Road 11. 3925 Congress Avenue 43. 2495 Magnolia Commercial Carwash 12. 2095 Corley (Garage) 44. 3215 Magnolia Metal Shed 13. 3105 W. Crockett 45. 3477 Magnolia 14. 520 E. Delaware 46. 280 Manning 15. 3230 Elinor 47. 1062 McFaddin 16. 2210 Euclid 48. 5680 Mel Sha Lane 17. 1535 Evalon 49. 1285 North 18. 11155 Fleming Lane 50. 1335 Park Commercial 19. 3895 Fonville Avenue 51. 1315 Pi kin 0. 3945 Fonville Avenue 52. 741 Prairie 1. 2370 Forrest 53. 3610 Robinson 2. 4920 Forsythe 54. 3755 Robinson 3. 850 S. 41n Street Commercial 55. 3890 Robinson 4. 1760 Gladys 56. 8215 San Bruno 5. 3280 Glenwood 57. 1025 Steve Drive 6. 1190 Gulf 58. 1035 Steve Drive 7. 665 Harriot 59. 220 Todd 8. 2870 Harriot(Garage Apartment) 0. 2501 T ler Rear Auxiliary Bldg) 9. 4694 Hartel 1. 1016 Victoria 30. 3245 Highland 2. 2840 Willard 1. 582 Hill 3. 4010 Willie Mae 32. 1110 Iowa Annual Contract for Work Uniforms July 19, 2006 Page 3 BUDGETARY IMPACT Funds for uniforms are budgeted in each Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, bids were received for an annual contract for the purchase of civilian employee work uniforms; and, WHEREAS, Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, submitted a bid in the unit amounts shown below: Estimated yearly Quantity Description Unit Price Total Price 600 en's Long Sleeve Shirts $9.95 $5,970.00 600 en's Short Sleeve Shirts $8.95 $5,370.00 125 omen's Long Sleeve Shirts $11.00 $1,375.00 90 omen's Short Sleeve Shirts $8.60 $774.00 20 Icenim en's Button Down Oxford US Shirt $13.95 $279.00 40 en's Button Down Oxford S/S Shirt $12.25 $490.00 700 en's Pants/Regular Style $13.25 $9,275.00 200 en's Pants/Jean Cut Style $14.50 $2,900.00 150 omen's Pants $14.95 $2,242.50 20 en's Pleated Slacks $16.20 $324.00 20 en's Traditional Work Pants $13.40 $268.00 50 Jeans $16.00 $800.00 200 Jackets $23.99 $4,798.00 20 Feam Jackets $32.50 $650.00 100 on Sleeve Coverall $19.50 $1,950.00 75 3hort Sleeve Coverall $27.50 $2,062.50 125 a s $7.00 $875.00 2000 ity of Beaumont Emblems $1.50 $3,000.00 90 ivic Center Emblems $1.50 $135.00 TOTAL ESTIMATED ANNUAL EXPENSE: $43,538.00 and, WHEREAS, City Council is of the opinion that the bid submitted by Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, for an annual contract in the estimated amount of $43,538 for the purchase of civilian employee work uniforms be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - c City of Beau mont Council Agenda Item EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to approve a License Agreement with the Crockett Street District dba Downtown Productions, L.L.C., for a one (1) year term. RECOMMENDATION Administration recommends approval of the License Agreement. BACKGROUND The City of Beaumont continues in its campaign to promote business development in the downtown area and provide an aesthetically-pleasing environment for patrons from the community. The City of Beaumont and Crockett Street Development participated in a private/public partnership to develop Crockett Street. The City was responsible for paving, sidewalk and lighting improvements on Crockett Street. In June 2003, the City entered into a License Agreement with Crockett Street Development. The agreement provided exclusive use of the Crockett Street right-of-way from Main to Pearl Streets. Under the terms of the proposed license, Downtown Productions may limit vehicular and pedestrian traffic to this section of Crockett Street. In return for this exclusive license, Downtown Productions agrees to provide the City with written notice thirty (30) days in advance of any planned entertainment event, in order to limit pedestrian access. The license requires a payment to City of ten percent (10%) of gross receipts for admission for all "for profit" events. There is not a required fee for "non-profit" events; however, the notifications requirements are the same. Crockett Street License Agreement Renewal July 18, 2006 Page 2 Additionally, the maintenance of the infrastructure on Crockett Street from Main to Pearl Streets will be the responsibility of Downtown Productions. Also included in the license is an indemnification clause and the requirements for insurance with the City as a name insured. Should the one(1)year term expire, the license will continue from month-to-month until such date as it is renewed by City Council. A copy of the License Agreement in its substantial form is attached for your review. BUDGETARY IMPACT The City has received $29,799.80 since June 2003 as a result of the 10% fee. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one(1)year License Agreement with Crockett Street District d/b/a Downtown Productions, L.L.C. for the use of the Crockett Street right-of-way from Main to Pearl Streets. The License Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. Mayor Guy N. Goodson - LICENSE STATE OF TEXAS § ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § On the date last indicated below, the City of Beaumont, a municipal corporation of Beaumont, Jefferson County, Texas, (hereinafter called "Licensor"), and Crockett Street District, by and through Downtown Productions, L.L.C., (hereinafter called "Licensee"), contract and agree asset forth herein. Licensee desires an exclusive license from Licensor to use the real property the subject of this License Agreement described as follows: Crockett Street right-of-way between Main and Pearl Streets(herein"Licensed Premises"). Licensee may limit vehicular access to the Licensed Premises, but may not limit pedestrian access at any time except as follows: Should Licensee desire to limit pedestrian access to the Licensed Premises, they must first provide Licensor with thirty (30) days advance written notice of its intention to do so. If an admission charge is assessed or compensation is paid for use of the Licensed Premises and the event is a"for profit" event, Licensee shall pay to Licensor a fee of ten percent(10%)of the gross receipts for admission to the event. There shall be no fee for"non-profit" events, but Licensor shall still be given at least thirty (30)days notice as set out above. "Non-profit" event, as used in this License, means that 100% of the admission fee for the event is received by the organization for which the event is held and the organization is a charitable organization as defined by the Tax Code of the State of Texas, or the Internal Revenue Code of the United States. Licensee is to provide Licensor with thirty(30)days advance written notice of the events planned for the Licensed Page 1 of 7 EXHIBIT `A' Premises. Should Licensee fail to comply with the notice and fee provisions of this paragraph,this License may be terminated immediately. Licensor shall be allowed to audit the financial records of"for profit"events to verify payment accuracy. Such audit will occur during normal business hours. Truck deliveries to the Crockett Street District will be limited to the Licensed Premises. No truck delivery will be made on either Main or Pearl Streets. Licensed Premises may continue to be occupied and used by Licensee solely in connection with the Crockett Street District and for incidental purposes related thereto during the term of this License or until termination thereof. Said License shall be for a term of one (1) year from and after the date of its approval by the City Council of Licensor. Should the one (1) year term expire, the license will continue from month to month until such date as it is renewed by the City Council. No permanent improvements shall be made upon the Licensed Premises without first obtaining the written consent of Licensor by and through its City Manager or his designee and providing a copy of the notice to Licensor in writing of how,when and to what extent such improvements are to be made. A copy of this License shall be attached to such notice. In the event Licensor, by Resolution of the City Council, determines there is a public need of the subject property or any part thereof,for the benefit of the Licensor or to protect the health, safety or welfare of the public, and it terminates this License or any part thereof, Licensee shall not receive any compensation and the Licensor shall not be liable therefor Page 2 of 7 whether for the value of the property taken, damage to the abutting or remaining property or improvements, loss of business or profit, loss of access, or otherwise. Licensee shall, at all times of use under this License, be liable for all liability and/or damage claims for injury or death of persons or property from any cause whatsoever relating to the occupancy of the premises by Licensee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the Licensed Premises, during the term of this License or any extension thereof. Licensee agrees to indemnify and save harmless Licensorfrom anyand all claims,causes of action,and damages of every kind for injury to or death of any person and damages to property arising out of the occupancy and use of Licensed Premises or the operations embraced by this License and including acts or omissions of Licensor in connection therewith. Licensee shall carry public liability and property damage insurance covering operations hazards, and including Licensee's obligations under the indemnification provision contained in this License (with a company acceptable to Licensor)with Licensor as a named insured in the sum of$1 million in the aggregate. Should Licensor determine at any time during the term of this License Agreement that the above coverage is inadequate, it shall notice Licensee in writing to increase the amount of such insurance so the same shall be adequate. The failure of Licensee to obtain said additional insurance within thirty (30) days of Licensor's request shall constitute a breach of this License. A copy of the original policy shall be filed with the City Clerk of City. Page 3 of 7 As part of the consideration for this License Agreement, Licensee shall pay to Licensor the sum of $10.00 (Ten and No/100 Dollars), said sum being non-refundable. Licensee recognizes that this License does not affect the use of the Licensed Premises by Licensor or any entity with a franchise to use City rights-of-way. This Agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date therein specified. This License is neither assignable nor transferrable except (1) in conjunction with and as part of Licensee's conveyance of all the abutting property and (2) occupancy and use of the Licensed Premises by a lessee leasing abutting property from Licensee(in which case Licensee is not relieved from its obligations owed to Licensor hereunder). This License survives through probate or warranty deed or lease. In any such event, other than lease of abutting property, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying the abutting property. This License shall include the right of Licensee to have balcony structures which extend into the Licensed Premises. Licensee shall be responsible for all maintenance,repair and upkeep of the Licensed Premises, including, but not limited to, brick pavers, decorative lighting, arches and lighting on arches and curbs. Any notice to Licensor shall be sufficient if it is mailed or hand-delivered to the Office of the City Manager, City of Beaumont, P. O. Box 3827, Beaumont, Texas, 77704. Any Page 4 of 7 notice to Licensee shall be sufficient if mailed or hand-delivered to Licensee at 555 Main Street, Beaumont, Texas, 77701. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day of , 2006. LICENSOR CITY OF BEAUMONT By: Kyle Hayes, City Manager LICENSEE CROCKETT STREET DISTRICT dba DOWNTOWN PRODUCTIONS, L.L.C. By: Jeff McCarson, President Downtown Productions, L.L.C. Page 5 of 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared KYLE HAYES, City Manager of the City of Beaumont, a municipal corporation of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the act and deed of the City of Beaumont. GIVEN under my hand and seal of office this the day of 2006. Notary Public in and for the State of Texas Page 6 of 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared JEFF McCARSON, President of Downtown Productions, L.L.C., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the Representative of Crockett Street District. GIVEN under my hand and seal of office this the day of , 2006. Notary Public in and for the State of Texas Page 7 of 7 D City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 13, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten (10) foot wide water line easement for fire hydrants across A-Mini Storage property at 575 Interstate 10 South. RECOMMENDATION James M. Dobson III, d.b.a. A-Mini Storage has agreed to convey a ten foot(10') wide water line easement to the City of Beaumont. The Water Line Easement crosses A-Mini Storage property at 575 Interstate 10 South and will serve fire hydrants on the property (Tract 28-K, Plat C-5, David Brown Survey, Abstract 5). Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOAEkIENDED BY City Manager and Public Works Director Engfire_a-mini-storage-ib.wpd 13 July,2006 RESOLUTION NO. WHEREAS,James M. Dobson III,d/b/a A-Mini Storage, has conveyed a ten-foot(10')wide Water Line Easement, as described on Exhibit "A" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services: Tract 28-K, Plat C-5, David Brown Survey, Abstract 5 and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by James M. Dobson 111, d/b/a A-Mini Storage, as described on Exhibit 'A" be and the same is hereby accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - FAUST Engineering and Surveying, Inc. PROFESSIONAL ENGINEERS AND PRQ=10NAL SUEtVEYORS E-MAIL ADDRESS INFO @F.AUSTENG COF 1' TO-EPHONK(409)8]3,34]0 2525 CALDER STREET FAX(409)813-3484 BEAUMONT,TEXAS 77702 FIELD NOTE DESCRIPTION FOR A 0.07ACRE TRACT OUT OF THE DAVID BROWNSURVEY,ABSTRACTS BEAUMoNT,JEF'FER SON CoUNTY, TEXAS June 8,2006 THAT certain 0. :Texas, and 07 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, being out of that certain 2.14 acre tract of lasld-knofwn as Tract 28-K of the David . frown Survey; said 0.07 acre tract being more particularly described by metes and bounds as. follows: COMNMNCING at a concrete monument which marks the intersection.of the east line of Interstate Highway 1 Q-and the.north line of an 80.00 foot easement granted to Jefferson County Drainage District No. 6(DD6); THENCE North O1°31'50" West along the said east line of Interstate Highway 10,a distance_of 82.3 8 feet to t> a southwest corner of the said 0.07 acre tract and :being the POINT OF BEGINNING; THENCE continuing North 01°31'50" West along the said east line of Interstate Highway IQ, a distance of 10.00 feet to a.poini for the northwest corner of the said 0.07'acre tract; THENCE East, a distance of 299.34 feet to the northeast corne acre tract; r.of the said 0.07 THENCE South, a distance of 40.00 feet to the southeast comer of the said 0.07 acre tract; THENCE West,a distance'of 299.08 feet to the POINT OF BEGINNING, + t Richard F.Faust, Registered Professional Land �'' �S1' q:. �� � oFN Surveyor.No.4782 sZ •.+.:....,: , ...R� NAAD F FAUST <VP 4782 EXHIBIT"A"Page 1 of 2 S'ZJRV \\Server\documents\Draw\2006\0606\0606044\easement legal.do" N p OD A E E a msmm AW"ar PAVA2 f I 4 PROJECT—­12 T SITE. N aa� GATEWAY STREET E mmxo mmr„cocr Mau”imam E � E, $ ,r a saw BO f t O. 2� XWY 90 �~ ° ,arnHO.ir,ur 7imaHr ' , VICINITY MAP o rmar' b L2 _ _ - - - -. _ — M 0 — — — — — — L4 - - cnu ,oa ami,,vaaw °o zvsrnm DETAIL-OF EASEWNT • .. rass Marna Aa7naLr Hr,MWr ' rater . rr- MOM"mu Mr„a,r" g E. 7�T1D,nama man�inor"°d n"0 • m„ot w - nrcanr„Dour rwr r„ca N 89.69'68'9 308:33' irccwm rr♦Aa,Lw,l/aan,Mr rXX to msrna AM=7AYZMVff a a7a,mra s►,M,rrr Aa,sa Ln,r,ac a.r, AAM0 Imor e attar �•. E a IL+� ' E E 1,010$,MrrAC aro,Aa„mLaua d . C q r,orat„mAt aroator,wtnwa 9 � a,,romr,a lorr,aareaa . (y N - art,arrrna sorwparrru'. - aar tpyr,a AVMALr PARMW {b Awpoaa,OUw Lw,FIMe, ,rMwa IdlJtlLr IARY,Nr ,L3rwa=am iwr ll,ar N 89.69'49"E 476.00' FANNIN STREET DITCH NOTE: BOUNDARY.INFORMATION PROVIDED BY CLIENT FROM A SURVEY FXRPARED BY.FITTZ AND SHIPMAN, INC. a�57�'9�' WATER LINE EASEMENT Fes . A-MINI STORAGE R af Fir ,a 575 INTERSTATE 10 SOUTH 7 . BEAUMONT; TEXAS LINE TABLE FAUS-1---m. LINEL LENGTH BEARING BEARING NG,. IC. No13 1'E T ENGINEERING-AND SURVEYI 10-00 "Serving the Golden Triangle for 10 years" L2 299.34 SOUTH . Date: JAN. 26 2005 2525 Calder Street L3 10.00 Beaumont, Texas 77702 L4 299.08 WEST Project No. 0606044 EASEMENT (409).813-3410 Fax (409) 813=3484 1M*ftr • �k City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 25, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 3-10/Consent Agenda * Consent Agenda GENERAL BUSINESS • 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling- 2)District at 2916 E. Lucas 2. Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway 3. Consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel 4. Consider a request for an appeal of the decision of the Historic Landmark Commission on the denial of a carport at 2501 Hazel 5. Consider a request for a historic preservation loan for repairs to the home at 2223 North 6. Consider a request to abandon a 6'x 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson 7. Consider authorizing the City Manager to execute a contract for the Wiess Bluff Pump Station Neches River Bank Stabilization Project 8. Consider approving a payment for emergency recovery services 9. Consider approving an ordinance declaring the structure at 439 Crockett as a dilapidated structure and order that it be razed 10. Consider approving an ordinance declaring the structure at 1435 Broadway as a dilapidated structure and order that it be razed or repaired 11. PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. � 1 July 25, 2006 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2916 E. Lucas City of Beaumont •�• Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner,Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single FamilyDwelling)District to GC-MD-2(General Commercial- Multiple Family Dwelling-2)District at 2916 E. Lucas. RECOMMENDATION The Administration recommends approval of a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District at 2916 E. Lucas. BACKGROUND Brammer Construction, Inc. has applied for a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District for 0.90 acres of land at 2916 E.Lucas. The purpose of the zone change is to allow the construction of a commercial shopping center. Proposed businesses include a washateria,nail shop, beauty shop and barber shop. The owner of the property is Duong&Le, Inc. The south 150' of Duong&Le's property is zoned GC-MD. The rest of the subject property is zoned RS. Across Idylwood is an existing convenience store. Proposed plans call for a strip shopping center facing E.Lucas with access to both E.Lucas and Idylwood. To develop the property,as proposed,will require that the remainder be rezoned.This development will provide much needed services to the north end of Beaumont. The Planning Commission felt that GC-MD-2 zoning would be more appropriate due to the surrounding residential uses. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 17,2006,the Planning Commission voted 5-0 to approve a zone change from RS(Residential Single Family Dwelling)District to GC-MD-2(General Commercial- Multiple Family Dwelling-2) District at 2916 E. Lucas. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OFTHE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 2916 E. LUCAS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 2916 E. Lucas, being the north 192.42'of the south 342.42'of Lots 1 and 2, Block 2, Lucas Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.90 acres, more or less, as shown on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day o f July, 2006. - Mayor Guy N. Goodson - 0 I+`ile! 1829-Z: Request for a zone change from RS(Residential Single Family Dwelling) NORTH to GC-MD (General Commercial-Multiple Family Dwelling)District or more At restrictive district. Location: 2916 E.Lqcas SC`A'E c LL Applicant: Brammer Construction Co.,Inc. 4 KN OD O O •5�1aa � 6' o � 4-C N 4.g 4 3 ItW a mo. �` 4 3 i> �Q w Z Z R. 3 s LLJ Im N O M- W �G L-u- C A 3s /0 ,35 /G {3sl3G 60 /G3S 5435 50 EAST LUCAS SourH LtnrE HEZEK/4 oRTH /NE ASSALGA a ro0 /�O •/sro 60 / O 54 I 54 t 26 4 53 ,� 2 53 2 25 in 52 2 3 52 24 N 51 4 51 s �, 23 50 5 54 EXHIBIT "A" 22 2 July 25, 2006 Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District in the 3900 Block of Pointe Parkway. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District in the 3900 Block of Pointe Parkway subject to providing a 30'wide landscape buffer on the south side of the property. BACKGROUND Christian Fellowship Worship Center,Inc. is requesting a specific use permit to allow a church in an RS(Residential Single Family Dwelling)District. The property is located in the 3900 block of Pointe Parkway. The initial plans call for the construction of a 15,000 sq. ft. sanctuary with Sunday school classrooms and administrative offices. Future phases include the construction of a family life center and possibly a gymnasium. The exterior of the church will be either brick or stucco finish per restrictions imposed by agreement with the developer. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 17, 2006, the Planning Commission voted 5-0 to approve a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway subject to providing a 30'wide landscape buffer along the south side of the property. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED IN THE 3900 BLOCK OF POINTE PARKWAY 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 Christian Fellowship Worship Center, Inc. to allow a church in an RS(Residential Single Family Dwelling) District located in the 3900 block of Pointe Parkway, as described in 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 church in an RS (Residential Single Family Dwelling) District located in the 3900 block of Pointe Parkway, as shown on Exhibit "B" attached hereto, is hereby granted to Christian Fellowship Worship Center, Inc, its legal representatives, successors and assigns subject to providing a 30'wide landscape buffer on the south side of the property. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" 10 and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a %" capped Iron Rod set marking the southwest.corner of the herein described tract, said corner being in the north line of that certain 4.913 acre tract conveyed by LaTEX lnvestors, L.P. to Jefferson County Drainage District No. 6 (DD6) For a 100 foot .(100) wide drainage right-of-way, described in deed as Tract 1, as recorded under County Clerk's File No. 2002000838 of the Official Public. Records of Real Property, Jefferson County, Texas, and_also being located North 03 degrees 01 minute. 43 seconds West (N 03°01'43" W) a distance of 100.00 feet (100.00) from the northwest corner of that certain 6.5229 acre fract conveyed by LaTEX Investors, L.P. to Four.Macs Beaumont, L.P. as recorded under County Clerk's File No. 2005030762 of the Official Public Records of Real Property, Jefferson County, Texas, THENCE with the west line of the herein :described tract, .North 03 degrees 01 minute 43 seconds West(N 03001'43" W) fora distance of 120.00 feet (120.00) to a %"capped Iron Rod set marking an angle point in the west line of the herein described tract; THENCE continuing along the west line of the herein described tract, North 06 degrees 23 minutes 30'seconds West (N 06'23'30" W) for a distance of 170.30 feet (170.30) to a %"capped Iron Rod set marking for comer marking an angle point in the west line of the herein described tract, THENCE continuing with the west line of the herein described tract, North 03 degrees 01 minute 43 seconds West (N 03 001'43" W) for a distance of 219.84 feet (219.84) to a %" capped Iron Rod.set marking the point of curvature of a curve to the right having a central angle of 19 degrees 44 minutes 59 seconds (19°4459), a radius of 1,000.00 feet (1000.00'), and a long chord of 342.99 feet (342.99) which bears North 06 degrees 50 minutes 46 seconds East (N 06 050'46"E); THENCE continuing with the west line of the herein described tract, along said curve to the right, for an arc distance of 344.70 feet (344.70) to a %" capped--Iron-Rod. set marking the northwest comer of the herein described tract, said corner being in the northeasterly line of said 20.0.686 LaTEX Investors tract and in the southwesterly line of that certain 9.44 acre tract of land conveyed by Arimoco Production Company to Jefferson. County. Drainage District No. 6 (DD6) for a 100 foot (100) wide drainage easement, described in deed as Tract 2-D, as recorded under'County Clerk's Film Code No. 104-01-0353 of the Official Public Records of Real Property, Jefferson County, Texas; THENCE with the northeasterly line of said 200.686. acre- LaTEX Investors tract, the northeasterly line of the herein described tract, and the southwesterly line of said 9.44 acre DD6 drainage easement, South 51 degrees 28 minutes 57- seconds East (S 51'28'57" E) for .a distance of 87.38 feet (87:38') to a 3/4". Iron Rod found marking the point of curvature of a curve'to the left having a central angle of 18 degrees 07 minutes 02 seconds (18°07'02'), a radius,of 550.00 feet (550.00), and long chord of 173.19 feet (173.19) which bears South 60 degrees 32 minutes 29 seconds East(S 60 03229"E); EXHIBIT "A„ LEGAL DESCRIPTION FOR ORDINANCE PURPOSES THENCE continuing with the northeasterly line of said 200.686 acre LaTEX Investors tract and of the herein described tract, the southwesterly line of said 9.44 acre DD6 drainage easement, and along said curve to the left for an arc distance of 173.91'.feet (173.919 to a capped iron Rod found marking the point of tangency; THENCE continuing with the northeasterly line of said 200.686 acre LaTEX Investors .tract, the northeasterly line of the herein described tract, and the southwesterly line of said 9.44 acre DD6 drainage easement, South.69 degrees 36 minutes 01 second East (S 69°36'01"E) for a distance of 465.98 feet (465.98') to an iron rod with DD6 aluminum cap marking the most southerly southeast corner of said 9.44 acre. DD6 drainage easement, the most easterly northeast corner of said 200.686 acre LaTEX Investors tract, and the northeast comer of the herein described tract, said corner being in the westerly line of that certain tract of land described in deed as Tract 1. out of that certain 300 acre tract conveyed by Amoco Production Company to Jefferson County Drainage District No. 6 (DD6) as recorded under. County Clerk's Film Code No. 104-01-0353 of the Official Public Records of Real Property, Jefferson County, Texas; THENCE with the most easterly line of said 200.686 acre La Tex Investors tract, the westerly line of said 300. acre DD6.Tract .1, and the east line of the herein described tract, South 07 degrees 38 minutes 37 seconds West (S 07 03837" W) for a distance of 521.00 feet (521:.00) to an iron rod with D66 aluminum cap marking the southeast corner of the herein described tract, said corner also marking the northeast corner of the aforesaid 4.913 acre DD6 Tract 1; THENCE with the north line of said 4.913 acre DD6 Tract 1 and the south line of the herein described tract, South 87 degrees 01 minute 05 seconds West (S 87 001'05" M for a distance of 591:40 feet (591:40) to the PLACE OF BEGINNING. CONTAINING IN AREA 10.0187 acres of land(436,414 square feet),more or less. EXHIBIT "B " ° TO ACCOMPANY AP PUCATION File 1830-P: Request for a specific use NORTH FOR SPECIFIC USE PERMIT permit to allow a church in.an RS BEAUMONP. •TEF 'EBSON COUNTY, TEXAS (Residential Single Family Dwelling) JUNE 2006 District. SCALE ' APPLICANT' ' Location: 3900 block of Pointe Parkway N.T.S. CSRIS"W FELLO?rSRZP 1P0RSHIP CENTER, INC. Applicant: Christian Fellowship Worship P.O. BOX 5759 Center,Inc. BEAUMONT, TMS 77726 arrull& PREPARED BY co► tans Ck sun-qv,s \• \ na. 3120 Fannin svmr. . . \ \ na Bea n4 To=77701 \ (409)833-3363 4.417A HOMSAR, \ PROPERTIES, L L.C. 28.78M,i \ fRL 282ACM BESFRVED RoD)—� Ac RM-H GC-MD-2 \ GC-MD-2 9I AC RM-H DELTA ROAD DEVELOPERS, INC. \ RM-H 1L1AC FO OX APARTMENT DEVELOPMENT; LTD. —————————— I R-S I.20 ACRES A-R 4913AC IIESLgI' UNITED i popvyB �ic b �RRCH I OIIR YLCS 9.0808AC B ��ACLY. �,<^ 21006AC 19.000AC I RM-H RM-H R. BLREFMD RM-H 4 9.908AC Q Iq GC-MD-2 I �CT GC-MD-2 z� 1R4CTC FOLSOY L114AC BELUI(ONT SCBIPI a 4.661 AC Y®GROUP k FAY¢Y CARE .628A nucr PRACTICE INC. 3.B18AC B 4.7758AC 3S813AC O L148AC FOLSOM DRIB DRdDVLGB DLSIRICT 8� (aoa wrtw�pn etsN a7 SCALE . 17— 100' _ _ - _ / / DETENTION BASIN"A"—� ._-�.•_ JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 ZONED A—R 10,Pram asnim (anay.cAS) JEFFERSON COUNTY` DRAINAGE DISTRICT NO. 6 JEFFERSON COUNTY Ex5rM DRANWE CNwNE1 i' / _ DRAINAGE DISTRICT 6 I �—-—•tz'1111—- ' ' GYMNASIUM ® ® — / �'41) i 13.000 0 Fo sh _ ro Iz>�w 2 n BLDG i LIFE CENTER 10,0000 15,000 ld / x MWICE / > ------32'DRIVE- u I TRACT J , 10.0187 ACRES _ 3o wnsEAPne BuPrEx O �'• � (�„< 4Y as.;,ess�sco� ..�:: i1.w pry.as 3F iwe iF .n,Fn I .��. - N r p : fExistr,c SFCROrO III - —aa—( DDIIECIDRExnwsaN) -� .�PKWY O y O N CONCEPTUAL DEVELOPMENT PLAN — I LaTEX - --- -- -- INVESTORS,L.P. 81.20 ACRES ZONED R—S y y 4-a / \ Q. EXHIBIT "C" 0 CONCEPTUAL SITE PLAN TO ACCOMPANY SPECIFIC USE PERMIT APPLICATION -d NOTES: FOR SITE PLAN 1) WATER, SANITARY SEWER, TELEPHONE, ELECTRICAL A 10.0187 ACRE TRACT PHASE ONE _ SERVICE, GAS, ETC. ARE AVAILABLE TO THIS SITE SANCTUARY/OFFICE/ETC O AS A PART OF THE CONSTRUCTION OF POINTE' OUT OF ROOF HEIGHT(MAX)-35' M PARKWAY(HIGHLANDS POINTE'SUB'D). THE W. DIKES SURVEY, ABS. N0. 17 TOTAL AREA-15,000 SF cd 2) LANDSCAPING, SIGNAG& LIGHTING, AND SCREENING LOCATED IN TOTAL PARKING-324 SPCS .v REQUIREMENTS WILL COMPLY WRH APPLICABLE HOC PARKING-10 SPACE 1 ZONING ORDINANCE REGUfA77ONS. BEAUMONT, JEFFERSON COUNTY, TEXAS o 64 A-4 APPLICANT: EXHIBIT PREPARED BY: x CHRISTIAN FELLOWSHIP Carrog& WORSHIP. CENTER, INC. laclTv-w' 3120 P�Rn1 Soea P.O. BOX 5759 »G B.a"n-4 r 7MI BEAUMONT, TEXAS 77726-5759 DATE:NNE 3006 DWG BY:J.PAM 3 July 25, 2006 Consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel Cit y of Beaumont Council Agenda Item OL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel RECOMMENDATION The Administration recommends denial of the request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel. BACKGROUND On April 10,2006,the Historic Commission denied a request for a certificate of appropriateness that would allow the colors that Conni Rogers painted her house. The main body of the house and the trim were painted two shades of blue. No certificate of appropriateness was applied for or approved prior to painting the house. Sec. 30-21.2 of the Zoning Ordiance states that property owners shall use a dominant color that complies with the officially adopted Acceptable Color Range. Any dominant color that is not within the officially adopted Acceptable Color Range must be reviewed and approved by the Historic Landmark Commission based upon their appropriateness to and compatibility with the structure, blockface and the historic district. Ms.Rogers states that she had the two shades of blue in mind for well over a year and was not aware that the colors were inappropriate with the Historic District guidelines. She says that she is financially unable to repaint the house. At the May 16, 2006 City Council appeal hearing, Virginia Jordan, the President of the Old Town Neighborhood Association, stated that the Association felt that some sort of compromise could be worked out which would be satisfactory to all involved. An anonymous donor was willing to contribute up to $200.00 to help defray costs. The item was tabled pending further discussions between the parties. Members of the Old Town Neighborhood Association agreed to paint the house for Ms. Rogers. Ms. Rogers picked out a trim color that was approved by staff and a crew was scheduled to paint on Saturday, July 15. On Monday,July 17,staff was informed by e-mail from Ms.Jordan that Ms.Rogers forbid the crew from painting any thing more than the trim on the front of the house. Therefore,the house is not in compliance with Sec. 30-21.2 of the Zoning Ordinance. BUDGETARY IMPACT None. PREVIOUS ACTION At a regular meeting held April 10, 2006, the Historic Landmark Commission voted 8:0:1 to deny the paint colors. At a regular meeting held May 16, 2006, the City Council voted 7:0 to table the appeal. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director and the Planning Manager. "07/16/2005 09:37 PM Ralph Jordan" To: <srichardson @ci.beaumont.tx.us> <rjordan @gt.rr.com> cc: <virginia.jordan @total.com> Subject: Reporting in on Hazel Blue House Paint effort 7/15/06 1 thought it important for you to hear how things went when we assembled to re-paint the trim on the Rogers house this Saturday. Ralph and I purchased 4 gallons of paint, that was selected by Ms. Rogers, as well as several painting tools to prepare for the job. We hoped all the while for a decent showing of neighbors to help make the painting less of a chore. Saturday, just before 8:30 am, we met at the house with brushes and ladders in hand. About a dozen well-meaning folks showed up, taking time out from the numerous tasks at their own homes. Doctors, geologists, lawyers, designers, industry supervisors, city employees, and stock brokers comprised the motley crew. Bless them! Ms. Rogers met us in the driveway, exhibiting a tremendous amount of hostility. She had the digital photo Adina provided in hand and proceeded to inform us that the only trim we were painting on her house was the white on the enhanced photo......and not one dab more. Her lawyer had advised her that that's all she had to allow (?). She thought that meant the trim along the front......nothing down the sides, or across the carport. We tried to convince her that anything seen from the street should be painted. We weren't successful. She was incredibly rude and berated us continually. We decided to only do what she was willing to let us do ------using paint she selected, remember......and completing a job that she agreed to in your office. Ms. Rogers further said her real estate agent had called and apologized to her for not telling her about the neighborhood ordinances. Long time Oaks resident and supporter, Marc McDonald, sold her the house and reportedly told her about the historic district's ordinances. He even gave her a lawn mower and edger to help her keep up her yard.... She asked us repeatedly if we wanted to buy the house. She even left at one point - to purchase For Sale signs, she said. We painted what little we could. It looks perfectly ridiculous and does not comply with the agreement with her to paint the trim on her house a light color of her choice. We were harassed and belittled. She treated our group miserably.....This is the same group that was willing to volunteer time and money to help her comply with the compromise reached with P&Z, after she had bypassed the ordinances. It would have looked decent- if we had been allowed to actually paint the trim including all the front and sides, at the very least.....and window frames, etc. The dark blue works as an accent if left on the shutters and front door, perhaps. But that can only be accomplished through intervention on your part to make sure that the compromise is carried out. If that is not done, we have been left hanging by this process and all involved in it. If we are not committed to following through to see that rules are followed after decisions are handed down, the process is worthless and we have been grievously misled. All in all - this was a good lesson - It's true that "no good deed goes unpunished." We've learned a lot. Perhaps you have also. We now look to you to compel Ms. Rogers to complete painting the trim on that house. We have furnished the paint - offered the labor at one point but never again. When the cry comes back that she can't afford to re-paint, please remember that she has approximately 3 gallons of free trim paint that she selected. She should only need a 1/2 gallon at the most. As far as the cost of the labor to do the job...... I suggest she be encouraged to climb a ladder and do it herself. We do........ and we did ---on her behalf. We did not consider ourselves too good to do her handiwork - It was all in the spirit of supporting our neighborhood. At least - we enjoyed each other.....and finally the absurdity of the whole fiasco. Please let us know what you intend to do. We've all been bam-boozled....and it shouldn't stop here. The ball is in your court. Virginia Jordan, President Oaks Historic District Neighborhood Association ORDINANCE NO. ENTITLED AN ORDINANCE TO APPEAL THE DECISION OF THE HISTORIC LANDMARK COMMISSION FOR THE PROPERTY LOCATED AT 2270 HAZEL STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Conni Rogers made a request for a certificate of appropriateness to allow certain paint colors on her house located at 2270 Hazel Street, Beaumont, Jefferson County, Texas; and, WHEREAS, after conducting a public hearing and hearing the evidence concerning the application, the Historic Landmark Commission voted to deny the request; and, WHEREAS, pursuant to the ordinances of the City of Beaumont, the applicant, Conni Rogers, has filed an appeal of the decision of the Commission to the City Council for the City of Beaumont. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Council considered the request of Conni Rogers for an appeal of the decision of the Historic Landmark Commission denying a certificate of appropriateness to allow the paint colors to remain on her house located at 2270 Hazel Street, Beaumont, Texas. The Council after considering the request, the evidence provided in support of the request and the staff response finds and determines that the request should be granted/denied. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - 4 July 25, 2006 Consider a request for an appeal of the decision of the Historic Landmark Commission on the denial of a carport at 2501 Hazel MAW City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of a carport at 2501 Hazel. RECOMMENDATION The Administration recommends approval of the appeal subject to the following conditions: The existing carport will be moved off of the right-of-way. The carport will be setback a minimum of ten(10) feet from the property line on 9' St. and sit parallel to the street. A minimum(6)foot tall wood screening fence will be constructed along the east and north sides of the carport to provide screening. BACKGROUND On April 10,2006,the Historic Commission denied a request for a certificate of appropriateness that would allow the carport that was constructed at 2501 Hazel. No certificate of appropriateness was applied for or approved prior to building the carport. Section 30-21.2 of the Zoning Ordinance states that accessory buildings must be compatible with the scale,shape,roof form,materials,detailing and color ofthe building. This carport does not meet these requirements and is clearly seen from the street. In addition,the carport is extending into the right-of-way. At the May 16, 2006 City Council appeal hearing, Virginia Jordan, the President of the Old Town Neighborhood Association, stated that the Association felt that some sort of compromise could be worked out which would be satisfactory to all involved. The item was tabled pending further discussions between the parties. The Neighborhood Association submitted to staff a suggestion that they would be agreeable to. This suggestion was agreed upon by Ms. Sharpton and staff. BUDGETARY IMPACT None. PREVIOUS ACTION At a regular meeting held April 10, 2006, the Historic Landmark Commission voted 9:0 to deny the carport. At a regular meeting held May 16,2006,the City Council voted 7:0 to table the appeal. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and the Planning Manager. . f d n N O N� � N CA,eP0A7- I i�3e Mi,✓. 0 ,— 4' fti 0 The existing carport will be moved off of the right-of-way. Z The carport will be setback a minimum of ten(10) feet from the property line on 9' /v TS St. and sit parallel to the street. A minimum(6)foot tall wood screening fence will be constructed along the east and north sides of the carport to provide screening. ORDINANCE NO. ENTITLED AN ORDINANCE TO APPEAL THE DECISION OF THE HISTORIC LANDMARK COMMISSION FOR THE PROPERTY LOCATED AT 2501 HAZEL STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Yvonne Sharpton made a request for a certificate of appropriateness to allow a pre-fab metal carport/storage building for property located at 2501 Hazel Street, Beaumont, Jefferson County, Texas; and, WHEREAS, after conducting a public hearing and hearing the evidence concerning the application, the Historic Landmark Commission voted to deny the request; and, WHEREAS, pursuant to the ordinances of the City of Beaumont, the applicant, Yvonne Sharpton, has filed an appeal of the decision of the Commission to the City Council for the City of Beaumont. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Council considered the request of Yvonne Sharpton for an appeal of the decision of the Historic Landmark Commission to deny a certificate of appropriateness to allow a pre-fab carport/storage building on property located at 2501 Hazel in Beaumont, Texas. The Council, after considering the request, the evidence provided in support of the request and the staff response finds and determines that the request should be granted subject to compliance with the following conditions: The will be moved off of the right-of-way. The carport will be setback a minimum of ten (10)feet from the property line on 9th St. and sit parallel to the street. A minimum (6) foot tall wood screening fence will be constructed along the east and north sides of the carport to provide screening. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - 5 July 25, 2006 Consider a request for a historic preservation loan for repairs to the home at 2223 North Cit y of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for a historic preservation loan for repairs to the home at 2223 North. RECOMMENDATION The Administration recommends approval of the request for a historic preservation loan for repairs to the home at 2223 North. BACKGROUND Dale and Nathalie Hallmark have applied for an historic preservation loan for work to be done to the foundation of their house at 2223 North. The Hallmarks state that the work will involve leveling the house, straightening all crooked blocks, installing twelve new concrete blocks and bases and installing termite shields. The loan amount is $3,200. Monthly payments would be$133.33 for twenty-four months. BUDGETARY IMPACT The Historic Preservation Loan program is funded with CDBG money. Currently,there is$42,000 in the Preservation Loan Account. PREVIOUS ACTION At a Regular Meeting held July 10,2006,the Historic Landmark Commission voted 7:0 to approve the historic preservation loan for repairs to the home at 2223 North. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Finance Officer, Planning Manager. GUIDRY'S HOUSE LEVELING 3615 Westmoreland Street Business (409) 840-5596 Beaumont, Texas 77705 Home (409) 842-4674 Date: May 2, 2006 Pager (409) 841-9919 Proposal Proposal Submitted To Work To Be Performed At Name Mrs. Hallmark Name Mrs. Hallmark Street 2223 North St. Street 2223 North St. City Beaumont, Texas 77701 City Beaumont, Texas 77701 Telephone No. 833-1746 790-1977 Telephone No. 833-1746 790-1977 We hereby propose to furnish all the materials and perform all the labor necessary for completion of Not responsible for any damages that may occur during leveling. Level house from highest grade Straighten all crooked blocks due to shifting Install termite Shields as needed. Install 12 ea. 4xl6xl6 concrete bases Install 12 ea. 8x8x12 concrete blocks All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a workman like manner for the sum of Thirty Two Hundred Dollars ($3200.00), with payments to be made as follows: ($1400.00)when work has started and($1800.00) upon completion. Make PayMents To J. J. Guidry ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date '�/'�1 At Signature � l RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve a historic preservation loan from the Historic Preservation Loan Fund in the amount of $3,200 to Dale and Nathalie Hallmark for renovation of the residence at 2223 North, Beaumont, Texas. The work consists of: leveling the house; straightening all crooked blocks => installing twelve new concrete blocks and bases; and E:> installing termite shields. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - • 6 July 25, 2006 Consider a request to abandon a 6'x 85' portion of a 15'wide utility easement along the rear of the property at 1920 Edson • • 1 City of Beaumont UP., Council g it A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request to abandon a 6'x 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson. RECOMMENDATION The Administration recommends approval of the request to abandon a 6'x 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson. BACKGROUND Mr.and Mrs.David Truax are requesting the abandonment of the west 6'of a 15'utility easement that runs along the rear of their property at 1920 Edson. The Truax's wish to install a swimming pool in their backyard. This item was sent to all interested parties. No negative responses were received. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held July 17, 2006,the Planning Commission voted 5:0 to approve a request to abandon a 6' x 85'portion of a 15' wide utility easement along the rear of the property at 1920 Edson. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 6' X 85' PORTION OF A 15' WIDE UTILITY EASEMENT LOCATED ALONG THE REAR OF THE PROPERTYAT 1920 EDSON IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 6'X 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson, being the west 6 feet x 85 feet of the 15 foot utility easement along the rear of Lot 28 and the south 5 feet of Lot 29, Block 1, Tall Timbers Addition, City of Beaumont, Jefferson County,Texas, containing 0.011 acres, more or less, as described on Exhibit"A" attached hereto, be and the same are hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - t $ JJ6 �! is f /bzsi `:ee n C T 6 If /0 File 694-OB: Request for the abandonment of 6' of a 15' utility easement. NORTH Location: 1920 Edson /s Applicant: Carl Wood . .r. SCALE 1"=200'" 1 � itJ Q e LANE i/J O /?0 6YJ' 0 1 ti P J60 43 }k t Y ? n ! "IN ' C� h Y ;4loDD ? io /o0 JIB se a C lJ 1 Olt h 130 w p / t/ad 7 k t 0 REGINA LN. $ so 90,0 AM J71 Vd`50 LAN its e jo 'Z� A ` A e w p _. jo ANE j � U1 y f U)` i7 a so Q is 1A O. t" Y to n � W es % C it �! p 1/19 / " 03 AM h so 4 1 $ 1. a Me 4 61 „t EXHIBIT "A" • 7 July 25, 2006 Consider authorizing the City Manager to execute a contract for the Wiess Bluff Pump Station Neches River Bank Stabilization Project Bea umont City of Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hann J. Tohme,Water Utilities Director MEETING DATE: July 25,2006 AGENDA MEMO DATE: July 19, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Wiess Bluff Pump Station Neches River Bank Stabilization Project. RECOMMENDATION Administration recommends approval of a contract with Laughlin Thyssen,LTD.,Houston,Texas,in the amount of$917,000.00 for the construction of the Proposed Wiess Bluff Pump Station Neches River Bank Stabilization Project.The project will stabilize 340 linear feet of river bank by installing geotextile fabric and rock rip-rap. Additionally, supports for the intake pipes will be installed with location bouys. The MBE goal will be met through subcontracts with the certified MBE firm of J and P Trucking for a total amount of$96,525.00. This amount represents 10.53 percent of the total bid. BACKGROUND The proposed improvements will protect the raw water pump station used during drought conditions.The primary raw water intake is at Bunn's Bluff. However, during drought conditions the water level drops lower than the intake pipe level. During such occurances,the intake at Wiess Bluff becomes the primary inlet for the raw water source.The proposed improvements will stabilize the Neches River bank damaged during Hurricane Rita to protect the emergency raw water source. BUDGETARY IMPACT Funds for the project are available in the Capital Program. The majority of the funds for the project are available in the form of a 75 0/o/25%grant by National Resource Conservation Service. Resolution 06-024 was passed by City Council on January 24, 2006 accepting the grant in the amount of$1,500,000.00. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. BID TABULATION WIESS BLUFF PUMP STATION NECHES RIVER BANK STABILIZATION BID OPENING DATE: THURSDAY, July 13, 2006 @ 2:00 p.m. The Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate tabulation of the bids received By: /!�>r..._� -7x/3/6 Patrick Donart,EIT, Water Utilities Engineer Date:07/13106 LAUGHLIN THYSSEN,LTD. BRYSTAR ERS,INC. ITEM QUANTITY DESCRIPTION HOUSTON,TX CONTRACTING INC. JACKSON,MS NUMBER JOE LAUGHLIN BEAUMONT,TX. TODD ROBERTS BRYAN PHELPS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO.1 1 MOBILIZATION. $27,000.00 $27,000.00 $28,000.00 $28,000.00 $30,000.00 $30,000.00 ITEM NO.2 1 Clear and grub the area to receive rip-rap. $300,000.00 $300,000.00 $370,000.00 $370,000.00 $350,000.00 $350,000.00 ITEM NO.3 1 Furnish and Install pipe supports and bouys. $110,000.00 $110,000.00 $80,000.00 $80,000.00 $230,000.00 $230,000.00 ITEM NO.4 1 Furnish and Install geotextile fabric and rip-rap. $430,000.00 $430,000.00 $442,275.00 $442,275.00 $560,000.00 $560,000.00 ITEM NO.5 1 Demobilization and restore site to original $50,000.00 $50,000.00 $13,500.00 $13,500.00 $16,000.00 $16,000.00 condition. TOTAL $917,000.00 $933,775.00 $1,186,000.00 Pa*f 1 9 CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE Q D;uc of'Rc1)0rt I)chartmcnl Piojcct N0. EOcatiOn LAN GINA �to ,_ S&C—)'4,UPI�S. l o1al ('onlract lmuunt $ 91 Namc ol'l'rimc Conimctor'Pro1)0scr I YPI:(W WORK(EEECFRICAI.. PAVING. F IV.) PROIE( II U NAMI OI MINOItI fY AND CONTRACT I ITINS OR PARTS TI1FRI:OF CON1N11:N('I:VIIA I & ViR,1::ED I OI\ ADDRESS TO BI--' PERFORMED CO\1 IIT1:1 1ON DA 11:: 111v1W WE 1110 h! - .J t�i Rv c 1c I rs C� i3FAvmoN-t' '�'rto t bump i pw Ply S2-!S�°= I he undcr�i,,ncd \\ill cntcr into a formal aurccmcnt kith MBE Contractors fur Ncork hstcd in this schc(I11lc cunditioncd 111)011 cWcu6011 01'a Colman ith the l'It '13caum0nt. N I I. aily husiII listed ah0vc must haNc Schcdulc A on liIc\Nith the Cite. "L 11" lUlc( is to he i tic]udcd kith bid.and resuhmittcd at JIl"o and 100 of hrujcct com1)1cti0n. Si& urc I itic ,7 RESOLUTION NO. WHEREAS, bids were received for a contract for the construction of the Proposed Wiess Bluff Pump Station Neches River Bank Stabilization Project; and, WHEREAS, Laughlin Thyssen, LTD, Houston,Texas,submitted a bid in the amount shown of$917,000; and, WHEREAS, City Council is of the opinion that the bid submitted by Laughlin Thyssen, LTD, Houston, Texas, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Laughlin Thyssen, LTD, Houston, Texas, in the amount of $917,000 for the construction of the Proposed Wiess Bluff Pump Station Neches River Bank Stabilization Project be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - 8 July 25, 2006 Consider approving a payment for emergency recovery services • City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 14, 2006 REQUESTED ACTION: Council approval of the payment for emergency recovery services. RECOMMENDATION Administration recommends the approval of a payment to Belfor USA of Houston in the amount of $710,645.41 for emergency recovery services at the Julie Rogers Theatre and Tyrrell Historical Library. BACKGROUND Both the Julie Rogers Theatre and the Tyrrell Historical Library suffered water intrusion as a result of Hurricane Rita. Representatives of Crum and Forster,our primary insurance company, contacted Belfor USA, a company that specializes in water extraction and moisture control, and asked that its services be instituted as soon as possible, so that the water damage could be stopped and brought under control. The City worked in cooperation with the insurance company because it was in our mutual interest to get this matter under control as quickly as possible. Additionally, these services were to be paid for by the insurance company. Belfor was on site from September 29 to December 6, 2005. The obligation to make this payment transferred from Crum and Forster to the City when the insurance company decided to end its participation, and the City received the full $5,000,000 that Crum and Forester had at risk under its policy. The City's other insurance companies have agreed that Belfor's services were necessary and appropriate. Belfor has not presented the City with a final payment request. The Houston office has indicated that there are a minimal amount of additional charges that will not be billed until the final insurance settlement has been approved. Belfor USA July 14, 2006 Page 2 BUDGETARY IMPACT Funds for this project are available from insurance proceeds. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves payment in the amount of$710,645.41 to Belfor USA, Houston, Texas, for emergency recovery services from Hurricane Rita at the Julie Rogers Theatre and Tyrrell Historical Library. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - s 9 July 25, 2006 Consider approving an ordinance declaring the structure at 439 Crockett as a dilapidated structure and order that it be razed City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: June 20, 2006 REQUESTED ACTION: Council consider an ordinance declaring the structure at 439 Crockett as a dilapidated structure and order that it be razed. RECOMIkIENDATION Administration recommends Council consider an ordinance declaring the structure at 439 Crockett as a dangerous structure and order that it be razed. BACKGROUND On June 6, 2002, City Council approved a condemnation order for the structure at 439 Crockett Street. This order was an amendment of a July 31, 2001 order, which allowed the new owner or owners an opportunity to enroll in a work program. The new owner never entered into a work program. Since 2002, the property has changed owners on several occasions with no work being performed on the structure. Additionally, the structure sustained extensive damage as a result of Hurricane Rita. The hurricane damage, coupled with the condition of the building prior to the hurricane,does not make it suitable for repair and/or rehabilitation. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION Council approved condemnation orders in July 2001 and June 2002. The structure has been enrolled in one work program. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Building Official ORDINANCE NO. ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 439 CROCKETT TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the building located at 439 Crockett to be a public nuisance in that said building violates Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and is for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the building located at 439 Crockett demolish and remove said structure_within_ten (1-0)--days of the effective date of-this-ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. 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 any person who violated any provision of this ordinance shall,upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE August 23, 2003 WARD 3 ADDRESS OF INSPECTION 439 Crockett(Commercial) OWNER Crockett St. Development LTD c/o Tom Flanagan ADDRESS 490 Park St. Ste. 200 CITY/STATE (01)-2900 APPRAISAL VALUE Land Value 37500 Improvement Value 51550 Total Value 89050 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X Previous owner A Enrolled in Work Repair Program? YES X NO 01/31/02 thru 05/31/02 MAJOR CODE VIOLATIONS: This is a commercial two story structure. The roof is severely damaged and for the most part is either collapsing or missing This structure has extensive water damage and rot. All of the glass has been broken or blown out from the storm This structure had significant deterioration prior to Hurricane Rita. The storm only worsened the condition making this a ve!3 danggrous structure. The structure's windows and doors that have glass remaining are in a condition that could cause a great danger to anyone who may enter the building The exterior walls also sustained considerable damage from the storm. The interior flooring, ceilings and walls are damaged and will need to be repaired All electrical wiring and electrical fixtures will need to be replaced All plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • y, t ff o �g 2 <, e i • h v 0 age Rol • 439 CROCKETT & 400 ORLEANS r- 3 +t;... T k ; s k i , y � R .q t NOW w T w r *: f w tfi � r r y � . ",.u; a t i W a x iO • t w r` N -w �. +� k '��� 4'y ."�♦ 'sir � iF y�. �ar b x imm- >. 111 = 1�111 7 400 ORLEANS & 439 CROCKETT SIDE VIEW FROM CROCKETT ST. ll x X10 y F .T S. oo REAR VIEW FROM REAR PARKING LOT Y t • m 1 a r .k � 3gg A mw X46. w ` r s � III � m p. _ N w v v � p ' 10 July 25, 2006 Consider approving an ordinance declaring the structure at 1435 Broadway as a dilapidated structure and order that it be razed or repaired P.. City of Beaumont �• Council Agenda Item 'M c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: June 29, 2006 REQUESTED ACTION: Council consider an ordinance declaring the structure at 1435 Broadway as a dilapidated structure and order that it be razed or repaired. RECOMMENDATION Administration recommends Council consider an ordinance declaring the structure at 1435 Broadway as a dangerous structure and order that it be razed or repaired. BACKGROUND In February 2005, the structure at 1435 Broadway was presented to City Council for a condemnation order. The property owner appeared before Council and requested that structures having historical significance be allowed additional time to complete repairs. As a result of this request, no action was taken on this property. On March 22,2005, City Council approved an ordinance adding a new section to identify structures which have been tagged as a dangerous structure,as having historical significance and providing time frames for their repair and/or rehabilitation. The zoning for the property at 1435 Broadway was established as an HC- L (Historical-Cultural Landmark Preservation) Designation by City Council on June 7, 2005. On June 7,2005, the property owner entered into a work program that provided a one-year time frame for substantial completion of the structure and an additional one-year period to receive the Certificate of Occupancy. The Building Codes Division was contacted by the owner on June 15,2006,-requesting additional time to complete the required repairs for the work program. The property owner indicated that he has been unable to continue with repairs due to Hurricane Rita. Failure to complete substantial repairs prior to the one-year period would allow the City to demolish the structure without any further notification to the property owner. During preparation of a request to extend the time frame, it was determined that there was not a condemnation order for this structure. In order to provide proper notice to the property owner and a legally binding condemnation order, it will be necessary for City Council to approve a condemnation order for the structure at 1435 Broadway. Upon approval of the condemnation order, the property owner will be required to enter into a new work program in which he will have one year to complete substantial repairs and one additional year to obtain the Certificate of Occupancy. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION Council approved the HC-L Designation on June 7, 2006. The structure has been enrolled in eight (8) work programs. SUBSEQUENT ACTION Property owner will be required to enter into a work program within ten (10) days after Council action. RECOMMENDED BY City Manager, Public Works Director and Building Official Broadway 1435CondemnationOrder.wpd June 29,2006 ORDINANCE NO. ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 1435 BROADWAY TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the building located at 1435 Broadway to be a public nuisance in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont,Texas, it is hereby ordered that the property owner(s) of the building located at 1435 Broadway execute a work program with the City within ten (10) days of the effective date of this ordinance and either demolish or have completed substantial repairs within one year from the date of the execution of the work order and one additional year to receive a Certificate of Occupancy. Should the owner(s)fail to execute a work program as ordered or fail to obtain substantial completion as defined in the work program, within one year from the initiating date of the work program, Council hereby orders that the property be demolished without further notification to the property owner(s) or City Council action. Section 3. If the property owner requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan executed prior to the enrollment of the property in the work program. Section 4. 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 5. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. Mayor Guy N. Goodson - SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE September 20, 1991 WARD 3 ADDRESS OF INSPECTION 1435 Broadway OWNER Mark W Bergeron ADDRESS 3730 Evalon CITY/STATE�06�-4723 APPRAISAL VALUE Land Value 5650 Improvement Value 3820 Total Value 9470 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Program? YES X NO 08/18/92 thru 1VIM2 07/12/95 thru 11/12/95 Extended untll 06/30/96 03%03197 thru'07/03/97 OMID7 thru-11/21/97 07!19!99 thru 11119/99 10/09/00 thru 02/09/01 06/20/05 thru 06/20107 MAJOR CODE VIOLATIONS: The structure has a new roof. It was not damaged by Hurricane Rita. The structure did sustain a small amount of damage from Rita. Most of the windows have all the glass broken out The exterior siding is being changed but has not been completed. Some painting of the exterior has been done but not completed Exterior doors still need to be replaced. There is evidence of termite damage but on the day of the last inspection there was an exterminator at the structure. Structure still has a lot of work not completed in the interior. No electrical permit or plumbing permits have been purchased. No electrical work other than a temporary electrical pole that supplies the alarm system has been completed. A small amount of the rough-in plumbing has been completed but nothing else. The structure is secured and being maintained The structure is very near the dry-in stage. SEE ATTACHED PHOTOS �.-�,, , ��� .,. .' x�», r �.., ��,� -n.-,...., a ♦�� ; �� ✓' �-, �.,. ,:. .�, .... ,..,. �.", .Ma-.. �,. .,,. .. r. t �. „� � �• ., �. ,. • .. � e .� ,. .. �.. .� �, ., �., �� .. -" � R u„p v•� . '.. y t � a ... .m. s; <. � w* s ��.�. '� . � _ y �. `� .r �" ;: L7� ( 7 i".G+�'� to t Y d � e t i F VAR . 1. • v" 07.1 y w1 , 2 �Y , , . \ .� . . � : \} : \\ ° � � � @� � � « � � m � »?2 :.:y>> � m . y . : �?w. . � \ � . . » «.�� � � � � ��». � 22 5ƒ«- � ��,r .: � � � � � � � w��». w:�y . � a a. ^ 2 \ ° < � � � % . , , � �\ ! . � �\�\� : . � . \\ � }��� �\�« � \ :�� y. x ® « y y.:, �:�� . ° � 3;���w»«2i � \ ����j - . . : y> , \«:����. < 2^ . : . �} � § \��%� ? � a �s . s k .:d`�-1���k�� fir.•i v �+ EYW� fp Ty A �u .e • A T � � Aw a w t� g ft's a MRW H M _ i e S All a ism K -9 w s , T.i,,. WIA 10, K, Pry 4 x+rr w 4 � { � r ry k� A*'Il3, I�f• „ r I 5 �x { o Aft� iCs K F � ,• lk r • 11 July 25, 2006 PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program • City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: City Council,after conducting a public hearing,consider an ordinance to declare the following sixty-three (63) structures to be dangerous structures and order the owners to raze said structures within ten(10) days. If the property owner fails to comply within ten(10)days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally,if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has been established prior to the enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 2925 Amarillo 11. 3925 Congress Avenue (1) 2. 1545 Avenue B (Garage Apartment) 12. 2095 Corley (Garage) 3. 2393 Avenue D(Garage Apartment) 13. 3105 W. Crockett 4. 3037 Brenham 14. 520 E. Delaware 5. 2095 Cable Avenue (1) 15. 3230 Elinor 6. 2250 Cable Avenue (1) 16. 2210 Euclid 7. 855 Caldwell (1) 17. 1535 Evalon 8. 580 N. Circuit Drive 18. 11155 Fleming Lane 9. 2385 Clearview 19. 3895 Fonville Avenue (1) 10. 8345 College (Commercial) 20. 3945 Fonville Avenue (#� Indicates number of times structure has been enrolled in work program. Continued 21. 2370 Forrest 43. 2495 Magnolia(Commercial)Carwash 22. 4920 Forsythe 44. 3215 Magnolia(Metal Shed) 23. 850 S. a Street (Commercial) 45. 3477 Magnolia 24. 1760 Gladys 46. 280 Manning 25. 3280 Glenwood 47. 1062 McFaddin 26. 1190 Gulf 48. 5680 Mel Sha Lane 27. 665 Harriot (1) 49. 1285 North 28. 2870 Harriot(Garage Apartment) 50. 1335 Park(Commercial) 29. 4694 Hartel 51. 1315 Pipkin (1) 30. 3245 Highland (1) 52. 741 Prairie 31. 582 Hill 53. 3610 Robinson 32. 1110 Iowa (1) 54. 3755 Robinson 33. 1711 Irving(Commercial) 55. 3890 Robinson 34. 1945 Irving(Commercial&Rear Bldg. 56. 8215 San Bruno 35. 2057 Irving 57. 1025 Steve Drive 36. 2107 Irving(Commercial) 58. 1035 Steve Drive 37. 460 Jeanette 59. 220 Todd 38. 3206 Lampassas 60. 2501 Tyler(Rear Auxiliary Bldg) (1) 39. 1575 LaSalle 61. 1016 Victoria 40. 1615 LaSalle 62. 2840 Willard 41. 1250-60 Madison Avenue 63. 4010 Willie Mae 42. 3350 Maida Road (#) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends City Council condemn these sixty-three (63) structures and order the owner to raze within ten(10)days. Additionally,if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has been established prior to the enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. BACKGROUND It has been determined that these structures meet the definition of a dangerous structure and have deteriorated to a condition that they are no longer considered suitable for repair. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION These structures have been inspected by the Building Codes Division and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Building Codes Division will demolish or cause to be demolished said structures. RECOMMENDED BY City Manager,Public Works Director and Building Official. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 2925 Amarillo 33. 1711 Irvin Commercial 1545 Avenue B (Garage Apartment) 34. 1945 Irvin Commercial & Rear Bldg. 2393 Avenue D (Garage Apartment) 5. 2057 Irvin 3037 Brenham 36. 2107 Irvin Commercial 2095 Cable Avenue 37. 460 Jeanette 2250 Cable Avenue 38. 3206 Lam assas 855 Caldwell 39. 1575 LaSalle 580 N. Circuit Drive 40. 1615 LaSalle 2385 Clearview 41. 1250-60 Madison Avenue 10. 8345 College (Commercial) 42. 3350 Maida Road 11. 3925 Congress Avenue 43. 2495 Ma nolia Commercial Carwash 12. 2095 Corley (Garage) 44. 3215 Magnolia Metal Shed 13. 3105 W. Crockett 45. 3477 Magnolia 14. 520 E. Delaware 46. 280 Manning 15. 3230 Elinor 47. 1062 McFaddin 16. 2210 Euclid 48. 5680 Mel Sha Lane 17. 1535 Evalon 49. 1285 North 18. 11155 F1 ming Lane 50. 1335 Park Commercial 19. 3895 Fonville Avenue 51. 1315 Pi kin 0. 3945 Fonville Avenue 52. 741 Prairie 1. 2370 Forrest 53. 3610 Robinson 2. 4920 Forsythe 54. 3755 Robinson 3. 850 S. 41n Street Commercial 55. 3890 Robinson 4. 1760 Gladys 56. 8215 San Bruno 5. 3280 Glenwood 159.7. 1025 Steve Drive 6. 1190 Gulf 8. 1035 Steve Drive 7. 665 Harriot 220 Todd 8. 2870 Harriot(Garage Apartment) 0. 2501 Tyler Rear Auxiliary Bldg) 9. 4694 Hartel 1. 1016 Victoria 0. 3245 Highland 2. 2840 Willard 1. 582 Hill 3. 4010 Willie Mae 32. 1110 Iowa to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. 1. 2925 Amarillo 33. 1711 Irvin Commercial 2. 1545 Avenue B (Garage Apartment) 34. 1945 Irvin Commercial & Rear Bldg. 3. 2393 Avenue D (Garage Apartment) 35. 2057 Irvin 4. 3037 Brenham 36. 2107 Irvin Commercial 2095 Cable Avenue 37. 460 Jeanette 2250 Cable Avenue 38. 3206 Lam assas 855 Caldwell 39. 1575 LaSalle 580 N. Circuit Drive 40. 1615 LaSalle 2385 Clearview 41. 1250-60 Madison Avenue 10. 8345 College (Commercial) 42. 3350 Maida Road 11. 3925 Congress Avenue 43. 2495 Magnolia Commercial Carwash 12. 2095 Corley (Garage) 44. 3215 Magnolia Metal Shed 13. 3105 W. Crockett 45. 3477 Magnolia 14. 520 E. Delaware 46. 280 Manning 15. 3230 Elinor 47. 1062 McFaddin 16. 2210 Euclid 48. 5680 Mel Sha Lane 17. 1535 Evalon 49. 1285 North 18. 11155 Fleming Lane 50. 1335 Park Commercial 19. 3895 Fonville Avenue 51. 1315 Pi kin 0. 3945 Fonville Avenue 52. 741 Prairie 1. 2370 Forrest 53. 3610 Robinson 2. 4920 Forsythe 54. 3755 Robinson 3. 850 S. 41n Street Commercial 55. 3890 Robinson 4. 1760 Gladys 56. 8215 San Bruno 5. 3280 Glenwood 57. 1025 Steve Drive 6. 1190 Gulf 58. 1035 Steve Drive 7. 665 Harriot 59. 220 Todd 8. 2870 Harriot(Garage Apartment) 0. 2501 T ler Rear Auxiliary Bldg) 9. 4694 Hartel 1. 1016 Victoria 30. 3245 Highland 2. 2840 Willard 1. 582 Hill 3. 4010 Willie Mae 32. 1110 Iowa Annual Contract for Work Uniforms July 19, 2006 Page 3 BUDGETARY IMPACT Funds for uniforms are budgeted in each Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, bids were received for an annual contract for the purchase of civilian employee work uniforms; and, WHEREAS, Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, submitted a bid in the unit amounts shown below: Estimated yearly Quantity Description Unit Price Total Price 600 en's Long Sleeve Shirts $9.95 $5,970.00 600 en's Short Sleeve Shirts $8.95 $5,370.00 125 omen's Long Sleeve Shirts $11.00 $1,375.00 90 omen's Short Sleeve Shirts $8.60 $774.00 20 Icenim en's Button Down Oxford US Shirt $13.95 $279.00 40 en's Button Down Oxford S/S Shirt $12.25 $490.00 700 en's Pants/Regular Style $13.25 $9,275.00 200 en's Pants/Jean Cut Style $14.50 $2,900.00 150 omen's Pants $14.95 $2,242.50 20 en's Pleated Slacks $16.20 $324.00 20 en's Traditional Work Pants $13.40 $268.00 50 Jeans $16.00 $800.00 200 Jackets $23.99 $4,798.00 20 Feam Jackets $32.50 $650.00 100 on Sleeve Coverall $19.50 $1,950.00 75 3hort Sleeve Coverall $27.50 $2,062.50 125 a s $7.00 $875.00 2000 ity of Beaumont Emblems $1.50 $3,000.00 90 ivic Center Emblems $1.50 $135.00 TOTAL ESTIMATED ANNUAL EXPENSE: $43,538.00 and, WHEREAS, City Council is of the opinion that the bid submitted by Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, for an annual contract in the estimated amount of $43,538 for the purchase of civilian employee work uniforms be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - c City of Beau mont Council Agenda Item EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to approve a License Agreement with the Crockett Street District dba Downtown Productions, L.L.C., for a one (1) year term. RECOMMENDATION Administration recommends approval of the License Agreement. BACKGROUND The City of Beaumont continues in its campaign to promote business development in the downtown area and provide an aesthetically-pleasing environment for patrons from the community. The City of Beaumont and Crockett Street Development participated in a private/public partnership to develop Crockett Street. The City was responsible for paving, sidewalk and lighting improvements on Crockett Street. In June 2003, the City entered into a License Agreement with Crockett Street Development. The agreement provided exclusive use of the Crockett Street right-of-way from Main to Pearl Streets. Under the terms of the proposed license, Downtown Productions may limit vehicular and pedestrian traffic to this section of Crockett Street. In return for this exclusive license, Downtown Productions agrees to provide the City with written notice thirty (30) days in advance of any planned entertainment event, in order to limit pedestrian access. The license requires a payment to City of ten percent (10%) of gross receipts for admission for all "for profit" events. There is not a required fee for "non-profit" events; however, the notifications requirements are the same. Crockett Street License Agreement Renewal July 18, 2006 Page 2 Additionally, the maintenance of the infrastructure on Crockett Street from Main to Pearl Streets will be the responsibility of Downtown Productions. Also included in the license is an indemnification clause and the requirements for insurance with the City as a name insured. Should the one(1)year term expire, the license will continue from month-to-month until such date as it is renewed by City Council. A copy of the License Agreement in its substantial form is attached for your review. BUDGETARY IMPACT The City has received $29,799.80 since June 2003 as a result of the 10% fee. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one(1)year License Agreement with Crockett Street District d/b/a Downtown Productions, L.L.C. for the use of the Crockett Street right-of-way from Main to Pearl Streets. The License Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. Mayor Guy N. Goodson - LICENSE STATE OF TEXAS § ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § On the date last indicated below, the City of Beaumont, a municipal corporation of Beaumont, Jefferson County, Texas, (hereinafter called "Licensor"), and Crockett Street District, by and through Downtown Productions, L.L.C., (hereinafter called "Licensee"), contract and agree asset forth herein. Licensee desires an exclusive license from Licensor to use the real property the subject of this License Agreement described as follows: Crockett Street right-of-way between Main and Pearl Streets(herein"Licensed Premises"). Licensee may limit vehicular access to the Licensed Premises, but may not limit pedestrian access at any time except as follows: Should Licensee desire to limit pedestrian access to the Licensed Premises, they must first provide Licensor with thirty (30) days advance written notice of its intention to do so. If an admission charge is assessed or compensation is paid for use of the Licensed Premises and the event is a"for profit" event, Licensee shall pay to Licensor a fee of ten percent(10%)of the gross receipts for admission to the event. There shall be no fee for"non-profit" events, but Licensor shall still be given at least thirty (30)days notice as set out above. "Non-profit" event, as used in this License, means that 100% of the admission fee for the event is received by the organization for which the event is held and the organization is a charitable organization as defined by the Tax Code of the State of Texas, or the Internal Revenue Code of the United States. Licensee is to provide Licensor with thirty(30)days advance written notice of the events planned for the Licensed Page 1 of 7 EXHIBIT `A' Premises. Should Licensee fail to comply with the notice and fee provisions of this paragraph,this License may be terminated immediately. Licensor shall be allowed to audit the financial records of"for profit"events to verify payment accuracy. Such audit will occur during normal business hours. Truck deliveries to the Crockett Street District will be limited to the Licensed Premises. No truck delivery will be made on either Main or Pearl Streets. Licensed Premises may continue to be occupied and used by Licensee solely in connection with the Crockett Street District and for incidental purposes related thereto during the term of this License or until termination thereof. Said License shall be for a term of one (1) year from and after the date of its approval by the City Council of Licensor. Should the one (1) year term expire, the license will continue from month to month until such date as it is renewed by the City Council. No permanent improvements shall be made upon the Licensed Premises without first obtaining the written consent of Licensor by and through its City Manager or his designee and providing a copy of the notice to Licensor in writing of how,when and to what extent such improvements are to be made. A copy of this License shall be attached to such notice. In the event Licensor, by Resolution of the City Council, determines there is a public need of the subject property or any part thereof,for the benefit of the Licensor or to protect the health, safety or welfare of the public, and it terminates this License or any part thereof, Licensee shall not receive any compensation and the Licensor shall not be liable therefor Page 2 of 7 whether for the value of the property taken, damage to the abutting or remaining property or improvements, loss of business or profit, loss of access, or otherwise. Licensee shall, at all times of use under this License, be liable for all liability and/or damage claims for injury or death of persons or property from any cause whatsoever relating to the occupancy of the premises by Licensee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the Licensed Premises, during the term of this License or any extension thereof. Licensee agrees to indemnify and save harmless Licensorfrom anyand all claims,causes of action,and damages of every kind for injury to or death of any person and damages to property arising out of the occupancy and use of Licensed Premises or the operations embraced by this License and including acts or omissions of Licensor in connection therewith. Licensee shall carry public liability and property damage insurance covering operations hazards, and including Licensee's obligations under the indemnification provision contained in this License (with a company acceptable to Licensor)with Licensor as a named insured in the sum of$1 million in the aggregate. Should Licensor determine at any time during the term of this License Agreement that the above coverage is inadequate, it shall notice Licensee in writing to increase the amount of such insurance so the same shall be adequate. The failure of Licensee to obtain said additional insurance within thirty (30) days of Licensor's request shall constitute a breach of this License. A copy of the original policy shall be filed with the City Clerk of City. Page 3 of 7 As part of the consideration for this License Agreement, Licensee shall pay to Licensor the sum of $10.00 (Ten and No/100 Dollars), said sum being non-refundable. Licensee recognizes that this License does not affect the use of the Licensed Premises by Licensor or any entity with a franchise to use City rights-of-way. This Agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date therein specified. This License is neither assignable nor transferrable except (1) in conjunction with and as part of Licensee's conveyance of all the abutting property and (2) occupancy and use of the Licensed Premises by a lessee leasing abutting property from Licensee(in which case Licensee is not relieved from its obligations owed to Licensor hereunder). This License survives through probate or warranty deed or lease. In any such event, other than lease of abutting property, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying the abutting property. This License shall include the right of Licensee to have balcony structures which extend into the Licensed Premises. Licensee shall be responsible for all maintenance,repair and upkeep of the Licensed Premises, including, but not limited to, brick pavers, decorative lighting, arches and lighting on arches and curbs. Any notice to Licensor shall be sufficient if it is mailed or hand-delivered to the Office of the City Manager, City of Beaumont, P. O. Box 3827, Beaumont, Texas, 77704. Any Page 4 of 7 notice to Licensee shall be sufficient if mailed or hand-delivered to Licensee at 555 Main Street, Beaumont, Texas, 77701. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day of , 2006. LICENSOR CITY OF BEAUMONT By: Kyle Hayes, City Manager LICENSEE CROCKETT STREET DISTRICT dba DOWNTOWN PRODUCTIONS, L.L.C. By: Jeff McCarson, President Downtown Productions, L.L.C. Page 5 of 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared KYLE HAYES, City Manager of the City of Beaumont, a municipal corporation of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the act and deed of the City of Beaumont. GIVEN under my hand and seal of office this the day of 2006. Notary Public in and for the State of Texas Page 6 of 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared JEFF McCARSON, President of Downtown Productions, L.L.C., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the Representative of Crockett Street District. GIVEN under my hand and seal of office this the day of , 2006. Notary Public in and for the State of Texas Page 7 of 7 D City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 13, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten (10) foot wide water line easement for fire hydrants across A-Mini Storage property at 575 Interstate 10 South. RECOMMENDATION James M. Dobson III, d.b.a. A-Mini Storage has agreed to convey a ten foot(10') wide water line easement to the City of Beaumont. The Water Line Easement crosses A-Mini Storage property at 575 Interstate 10 South and will serve fire hydrants on the property (Tract 28-K, Plat C-5, David Brown Survey, Abstract 5). Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOAEkIENDED BY City Manager and Public Works Director Engfire_a-mini-storage-ib.wpd 13 July,2006 RESOLUTION NO. WHEREAS,James M. Dobson III,d/b/a A-Mini Storage, has conveyed a ten-foot(10')wide Water Line Easement, as described on Exhibit "A" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services: Tract 28-K, Plat C-5, David Brown Survey, Abstract 5 and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by James M. Dobson 111, d/b/a A-Mini Storage, as described on Exhibit 'A" be and the same is hereby accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - FAUST Engineering and Surveying, Inc. PROFESSIONAL ENGINEERS AND PRQ=10NAL SUEtVEYORS E-MAIL ADDRESS INFO @F.AUSTENG COF 1' TO-EPHONK(409)8]3,34]0 2525 CALDER STREET FAX(409)813-3484 BEAUMONT,TEXAS 77702 FIELD NOTE DESCRIPTION FOR A 0.07ACRE TRACT OUT OF THE DAVID BROWNSURVEY,ABSTRACTS BEAUMoNT,JEF'FER SON CoUNTY, TEXAS June 8,2006 THAT certain 0. :Texas, and 07 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, being out of that certain 2.14 acre tract of lasld-knofwn as Tract 28-K of the David . frown Survey; said 0.07 acre tract being more particularly described by metes and bounds as. follows: COMNMNCING at a concrete monument which marks the intersection.of the east line of Interstate Highway 1 Q-and the.north line of an 80.00 foot easement granted to Jefferson County Drainage District No. 6(DD6); THENCE North O1°31'50" West along the said east line of Interstate Highway 10,a distance_of 82.3 8 feet to t> a southwest corner of the said 0.07 acre tract and :being the POINT OF BEGINNING; THENCE continuing North 01°31'50" West along the said east line of Interstate Highway IQ, a distance of 10.00 feet to a.poini for the northwest corner of the said 0.07'acre tract; THENCE East, a distance of 299.34 feet to the northeast corne acre tract; r.of the said 0.07 THENCE South, a distance of 40.00 feet to the southeast comer of the said 0.07 acre tract; THENCE West,a distance'of 299.08 feet to the POINT OF BEGINNING, + t Richard F.Faust, Registered Professional Land �'' �S1' q:. �� � oFN Surveyor.No.4782 sZ •.+.:....,: , ...R� NAAD F FAUST <VP 4782 EXHIBIT"A"Page 1 of 2 S'ZJRV \\Server\documents\Draw\2006\0606\0606044\easement legal.do" N p OD A E E a msmm AW"ar PAVA2 f I 4 PROJECT—­12 T SITE. N aa� GATEWAY STREET E mmxo mmr„cocr Mau”imam E � E, $ ,r a saw BO f t O. 2� XWY 90 �~ ° ,arnHO.ir,ur 7imaHr ' , VICINITY MAP o rmar' b L2 _ _ - - - -. _ — M 0 — — — — — — L4 - - cnu ,oa ami,,vaaw °o zvsrnm DETAIL-OF EASEWNT • .. rass Marna Aa7naLr Hr,MWr ' rater . rr- MOM"mu Mr„a,r" g E. 7�T1D,nama man�inor"°d n"0 • m„ot w - nrcanr„Dour rwr r„ca N 89.69'68'9 308:33' irccwm rr♦Aa,Lw,l/aan,Mr rXX to msrna AM=7AYZMVff a a7a,mra s►,M,rrr Aa,sa Ln,r,ac a.r, AAM0 Imor e attar �•. E a IL+� ' E E 1,010$,MrrAC aro,Aa„mLaua d . C q r,orat„mAt aroator,wtnwa 9 � a,,romr,a lorr,aareaa . (y N - art,arrrna sorwparrru'. - aar tpyr,a AVMALr PARMW {b Awpoaa,OUw Lw,FIMe, ,rMwa IdlJtlLr IARY,Nr ,L3rwa=am iwr ll,ar N 89.69'49"E 476.00' FANNIN STREET DITCH NOTE: BOUNDARY.INFORMATION PROVIDED BY CLIENT FROM A SURVEY FXRPARED BY.FITTZ AND SHIPMAN, INC. a�57�'9�' WATER LINE EASEMENT Fes . A-MINI STORAGE R af Fir ,a 575 INTERSTATE 10 SOUTH 7 . BEAUMONT; TEXAS LINE TABLE FAUS-1---m. LINEL LENGTH BEARING BEARING NG,. IC. No13 1'E T ENGINEERING-AND SURVEYI 10-00 "Serving the Golden Triangle for 10 years" L2 299.34 SOUTH . Date: JAN. 26 2005 2525 Calder Street L3 10.00 Beaumont, Texas 77702 L4 299.08 WEST Project No. 0606044 EASEMENT (409).813-3410 Fax (409) 813=3484 1M*ftr • �k City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 25, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 3-10/Consent Agenda * Consent Agenda GENERAL BUSINESS • 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling- 2)District at 2916 E. Lucas 2. Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway 3. Consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel 4. Consider a request for an appeal of the decision of the Historic Landmark Commission on the denial of a carport at 2501 Hazel 5. Consider a request for a historic preservation loan for repairs to the home at 2223 North 6. Consider a request to abandon a 6'x 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson 7. Consider authorizing the City Manager to execute a contract for the Wiess Bluff Pump Station Neches River Bank Stabilization Project 8. Consider approving a payment for emergency recovery services 9. Consider approving an ordinance declaring the structure at 439 Crockett as a dilapidated structure and order that it be razed 10. Consider approving an ordinance declaring the structure at 1435 Broadway as a dilapidated structure and order that it be razed or repaired 11. PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. � 1 July 25, 2006 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2916 E. Lucas City of Beaumont •�• Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner,Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single FamilyDwelling)District to GC-MD-2(General Commercial- Multiple Family Dwelling-2)District at 2916 E. Lucas. RECOMMENDATION The Administration recommends approval of a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District at 2916 E. Lucas. BACKGROUND Brammer Construction, Inc. has applied for a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District for 0.90 acres of land at 2916 E.Lucas. The purpose of the zone change is to allow the construction of a commercial shopping center. Proposed businesses include a washateria,nail shop, beauty shop and barber shop. The owner of the property is Duong&Le, Inc. The south 150' of Duong&Le's property is zoned GC-MD. The rest of the subject property is zoned RS. Across Idylwood is an existing convenience store. Proposed plans call for a strip shopping center facing E.Lucas with access to both E.Lucas and Idylwood. To develop the property,as proposed,will require that the remainder be rezoned.This development will provide much needed services to the north end of Beaumont. The Planning Commission felt that GC-MD-2 zoning would be more appropriate due to the surrounding residential uses. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 17,2006,the Planning Commission voted 5-0 to approve a zone change from RS(Residential Single Family Dwelling)District to GC-MD-2(General Commercial- Multiple Family Dwelling-2) District at 2916 E. Lucas. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OFTHE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 2916 E. LUCAS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 2916 E. Lucas, being the north 192.42'of the south 342.42'of Lots 1 and 2, Block 2, Lucas Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.90 acres, more or less, as shown on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day o f July, 2006. - Mayor Guy N. Goodson - 0 I+`ile! 1829-Z: Request for a zone change from RS(Residential Single Family Dwelling) NORTH to GC-MD (General Commercial-Multiple Family Dwelling)District or more At restrictive district. Location: 2916 E.Lqcas SC`A'E c LL Applicant: Brammer Construction Co.,Inc. 4 KN OD O O •5�1aa � 6' o � 4-C N 4.g 4 3 ItW a mo. �` 4 3 i> �Q w Z Z R. 3 s LLJ Im N O M- W �G L-u- C A 3s /0 ,35 /G {3sl3G 60 /G3S 5435 50 EAST LUCAS SourH LtnrE HEZEK/4 oRTH /NE ASSALGA a ro0 /�O •/sro 60 / O 54 I 54 t 26 4 53 ,� 2 53 2 25 in 52 2 3 52 24 N 51 4 51 s �, 23 50 5 54 EXHIBIT "A" 22 2 July 25, 2006 Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District in the 3900 Block of Pointe Parkway. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District in the 3900 Block of Pointe Parkway subject to providing a 30'wide landscape buffer on the south side of the property. BACKGROUND Christian Fellowship Worship Center,Inc. is requesting a specific use permit to allow a church in an RS(Residential Single Family Dwelling)District. The property is located in the 3900 block of Pointe Parkway. The initial plans call for the construction of a 15,000 sq. ft. sanctuary with Sunday school classrooms and administrative offices. Future phases include the construction of a family life center and possibly a gymnasium. The exterior of the church will be either brick or stucco finish per restrictions imposed by agreement with the developer. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 17, 2006, the Planning Commission voted 5-0 to approve a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway subject to providing a 30'wide landscape buffer along the south side of the property. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED IN THE 3900 BLOCK OF POINTE PARKWAY 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 Christian Fellowship Worship Center, Inc. to allow a church in an RS(Residential Single Family Dwelling) District located in the 3900 block of Pointe Parkway, as described in 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 church in an RS (Residential Single Family Dwelling) District located in the 3900 block of Pointe Parkway, as shown on Exhibit "B" attached hereto, is hereby granted to Christian Fellowship Worship Center, Inc, its legal representatives, successors and assigns subject to providing a 30'wide landscape buffer on the south side of the property. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" 10 and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a %" capped Iron Rod set marking the southwest.corner of the herein described tract, said corner being in the north line of that certain 4.913 acre tract conveyed by LaTEX lnvestors, L.P. to Jefferson County Drainage District No. 6 (DD6) For a 100 foot .(100) wide drainage right-of-way, described in deed as Tract 1, as recorded under County Clerk's File No. 2002000838 of the Official Public. Records of Real Property, Jefferson County, Texas, and_also being located North 03 degrees 01 minute. 43 seconds West (N 03°01'43" W) a distance of 100.00 feet (100.00) from the northwest corner of that certain 6.5229 acre fract conveyed by LaTEX Investors, L.P. to Four.Macs Beaumont, L.P. as recorded under County Clerk's File No. 2005030762 of the Official Public Records of Real Property, Jefferson County, Texas, THENCE with the west line of the herein :described tract, .North 03 degrees 01 minute 43 seconds West(N 03001'43" W) fora distance of 120.00 feet (120.00) to a %"capped Iron Rod set marking an angle point in the west line of the herein described tract; THENCE continuing along the west line of the herein described tract, North 06 degrees 23 minutes 30'seconds West (N 06'23'30" W) for a distance of 170.30 feet (170.30) to a %"capped Iron Rod set marking for comer marking an angle point in the west line of the herein described tract, THENCE continuing with the west line of the herein described tract, North 03 degrees 01 minute 43 seconds West (N 03 001'43" W) for a distance of 219.84 feet (219.84) to a %" capped Iron Rod.set marking the point of curvature of a curve to the right having a central angle of 19 degrees 44 minutes 59 seconds (19°4459), a radius of 1,000.00 feet (1000.00'), and a long chord of 342.99 feet (342.99) which bears North 06 degrees 50 minutes 46 seconds East (N 06 050'46"E); THENCE continuing with the west line of the herein described tract, along said curve to the right, for an arc distance of 344.70 feet (344.70) to a %" capped--Iron-Rod. set marking the northwest comer of the herein described tract, said corner being in the northeasterly line of said 20.0.686 LaTEX Investors tract and in the southwesterly line of that certain 9.44 acre tract of land conveyed by Arimoco Production Company to Jefferson. County. Drainage District No. 6 (DD6) for a 100 foot (100) wide drainage easement, described in deed as Tract 2-D, as recorded under'County Clerk's Film Code No. 104-01-0353 of the Official Public Records of Real Property, Jefferson County, Texas; THENCE with the northeasterly line of said 200.686. acre- LaTEX Investors tract, the northeasterly line of the herein described tract, and the southwesterly line of said 9.44 acre DD6 drainage easement, South 51 degrees 28 minutes 57- seconds East (S 51'28'57" E) for .a distance of 87.38 feet (87:38') to a 3/4". Iron Rod found marking the point of curvature of a curve'to the left having a central angle of 18 degrees 07 minutes 02 seconds (18°07'02'), a radius,of 550.00 feet (550.00), and long chord of 173.19 feet (173.19) which bears South 60 degrees 32 minutes 29 seconds East(S 60 03229"E); EXHIBIT "A„ LEGAL DESCRIPTION FOR ORDINANCE PURPOSES THENCE continuing with the northeasterly line of said 200.686 acre LaTEX Investors tract and of the herein described tract, the southwesterly line of said 9.44 acre DD6 drainage easement, and along said curve to the left for an arc distance of 173.91'.feet (173.919 to a capped iron Rod found marking the point of tangency; THENCE continuing with the northeasterly line of said 200.686 acre LaTEX Investors .tract, the northeasterly line of the herein described tract, and the southwesterly line of said 9.44 acre DD6 drainage easement, South.69 degrees 36 minutes 01 second East (S 69°36'01"E) for a distance of 465.98 feet (465.98') to an iron rod with DD6 aluminum cap marking the most southerly southeast corner of said 9.44 acre. DD6 drainage easement, the most easterly northeast corner of said 200.686 acre LaTEX Investors tract, and the northeast comer of the herein described tract, said corner being in the westerly line of that certain tract of land described in deed as Tract 1. out of that certain 300 acre tract conveyed by Amoco Production Company to Jefferson County Drainage District No. 6 (DD6) as recorded under. County Clerk's Film Code No. 104-01-0353 of the Official Public Records of Real Property, Jefferson County, Texas; THENCE with the most easterly line of said 200.686 acre La Tex Investors tract, the westerly line of said 300. acre DD6.Tract .1, and the east line of the herein described tract, South 07 degrees 38 minutes 37 seconds West (S 07 03837" W) for a distance of 521.00 feet (521:.00) to an iron rod with D66 aluminum cap marking the southeast corner of the herein described tract, said corner also marking the northeast corner of the aforesaid 4.913 acre DD6 Tract 1; THENCE with the north line of said 4.913 acre DD6 Tract 1 and the south line of the herein described tract, South 87 degrees 01 minute 05 seconds West (S 87 001'05" M for a distance of 591:40 feet (591:40) to the PLACE OF BEGINNING. CONTAINING IN AREA 10.0187 acres of land(436,414 square feet),more or less. EXHIBIT "B " ° TO ACCOMPANY AP PUCATION File 1830-P: Request for a specific use NORTH FOR SPECIFIC USE PERMIT permit to allow a church in.an RS BEAUMONP. •TEF 'EBSON COUNTY, TEXAS (Residential Single Family Dwelling) JUNE 2006 District. SCALE ' APPLICANT' ' Location: 3900 block of Pointe Parkway N.T.S. CSRIS"W FELLO?rSRZP 1P0RSHIP CENTER, INC. Applicant: Christian Fellowship Worship P.O. BOX 5759 Center,Inc. BEAUMONT, TMS 77726 arrull& PREPARED BY co► tans Ck sun-qv,s \• \ na. 3120 Fannin svmr. . . \ \ na Bea n4 To=77701 \ (409)833-3363 4.417A HOMSAR, \ PROPERTIES, L L.C. 28.78M,i \ fRL 282ACM BESFRVED RoD)—� Ac RM-H GC-MD-2 \ GC-MD-2 9I AC RM-H DELTA ROAD DEVELOPERS, INC. \ RM-H 1L1AC FO OX APARTMENT DEVELOPMENT; LTD. —————————— I R-S I.20 ACRES A-R 4913AC IIESLgI' UNITED i popvyB �ic b �RRCH I OIIR YLCS 9.0808AC B ��ACLY. �,<^ 21006AC 19.000AC I RM-H RM-H R. BLREFMD RM-H 4 9.908AC Q Iq GC-MD-2 I �CT GC-MD-2 z� 1R4CTC FOLSOY L114AC BELUI(ONT SCBIPI a 4.661 AC Y®GROUP k FAY¢Y CARE .628A nucr PRACTICE INC. 3.B18AC B 4.7758AC 3S813AC O L148AC FOLSOM DRIB DRdDVLGB DLSIRICT 8� (aoa wrtw�pn etsN a7 SCALE . 17— 100' _ _ - _ / / DETENTION BASIN"A"—� ._-�.•_ JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 ZONED A—R 10,Pram asnim (anay.cAS) JEFFERSON COUNTY` DRAINAGE DISTRICT NO. 6 JEFFERSON COUNTY Ex5rM DRANWE CNwNE1 i' / _ DRAINAGE DISTRICT 6 I �—-—•tz'1111—- ' ' GYMNASIUM ® ® — / �'41) i 13.000 0 Fo sh _ ro Iz>�w 2 n BLDG i LIFE CENTER 10,0000 15,000 ld / x MWICE / > ------32'DRIVE- u I TRACT J , 10.0187 ACRES _ 3o wnsEAPne BuPrEx O �'• � (�„< 4Y as.;,ess�sco� ..�:: i1.w pry.as 3F iwe iF .n,Fn I .��. - N r p : fExistr,c SFCROrO III - —aa—( DDIIECIDRExnwsaN) -� .�PKWY O y O N CONCEPTUAL DEVELOPMENT PLAN — I LaTEX - --- -- -- INVESTORS,L.P. 81.20 ACRES ZONED R—S y y 4-a / \ Q. EXHIBIT "C" 0 CONCEPTUAL SITE PLAN TO ACCOMPANY SPECIFIC USE PERMIT APPLICATION -d NOTES: FOR SITE PLAN 1) WATER, SANITARY SEWER, TELEPHONE, ELECTRICAL A 10.0187 ACRE TRACT PHASE ONE _ SERVICE, GAS, ETC. ARE AVAILABLE TO THIS SITE SANCTUARY/OFFICE/ETC O AS A PART OF THE CONSTRUCTION OF POINTE' OUT OF ROOF HEIGHT(MAX)-35' M PARKWAY(HIGHLANDS POINTE'SUB'D). THE W. DIKES SURVEY, ABS. N0. 17 TOTAL AREA-15,000 SF cd 2) LANDSCAPING, SIGNAG& LIGHTING, AND SCREENING LOCATED IN TOTAL PARKING-324 SPCS .v REQUIREMENTS WILL COMPLY WRH APPLICABLE HOC PARKING-10 SPACE 1 ZONING ORDINANCE REGUfA77ONS. BEAUMONT, JEFFERSON COUNTY, TEXAS o 64 A-4 APPLICANT: EXHIBIT PREPARED BY: x CHRISTIAN FELLOWSHIP Carrog& WORSHIP. CENTER, INC. laclTv-w' 3120 P�Rn1 Soea P.O. BOX 5759 »G B.a"n-4 r 7MI BEAUMONT, TEXAS 77726-5759 DATE:NNE 3006 DWG BY:J.PAM 3 July 25, 2006 Consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel Cit y of Beaumont Council Agenda Item OL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel RECOMMENDATION The Administration recommends denial of the request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel. BACKGROUND On April 10,2006,the Historic Commission denied a request for a certificate of appropriateness that would allow the colors that Conni Rogers painted her house. The main body of the house and the trim were painted two shades of blue. No certificate of appropriateness was applied for or approved prior to painting the house. Sec. 30-21.2 of the Zoning Ordiance states that property owners shall use a dominant color that complies with the officially adopted Acceptable Color Range. Any dominant color that is not within the officially adopted Acceptable Color Range must be reviewed and approved by the Historic Landmark Commission based upon their appropriateness to and compatibility with the structure, blockface and the historic district. Ms.Rogers states that she had the two shades of blue in mind for well over a year and was not aware that the colors were inappropriate with the Historic District guidelines. She says that she is financially unable to repaint the house. At the May 16, 2006 City Council appeal hearing, Virginia Jordan, the President of the Old Town Neighborhood Association, stated that the Association felt that some sort of compromise could be worked out which would be satisfactory to all involved. An anonymous donor was willing to contribute up to $200.00 to help defray costs. The item was tabled pending further discussions between the parties. Members of the Old Town Neighborhood Association agreed to paint the house for Ms. Rogers. Ms. Rogers picked out a trim color that was approved by staff and a crew was scheduled to paint on Saturday, July 15. On Monday,July 17,staff was informed by e-mail from Ms.Jordan that Ms.Rogers forbid the crew from painting any thing more than the trim on the front of the house. Therefore,the house is not in compliance with Sec. 30-21.2 of the Zoning Ordinance. BUDGETARY IMPACT None. PREVIOUS ACTION At a regular meeting held April 10, 2006, the Historic Landmark Commission voted 8:0:1 to deny the paint colors. At a regular meeting held May 16, 2006, the City Council voted 7:0 to table the appeal. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director and the Planning Manager. "07/16/2005 09:37 PM Ralph Jordan" To: <srichardson @ci.beaumont.tx.us> <rjordan @gt.rr.com> cc: <virginia.jordan @total.com> Subject: Reporting in on Hazel Blue House Paint effort 7/15/06 1 thought it important for you to hear how things went when we assembled to re-paint the trim on the Rogers house this Saturday. Ralph and I purchased 4 gallons of paint, that was selected by Ms. Rogers, as well as several painting tools to prepare for the job. We hoped all the while for a decent showing of neighbors to help make the painting less of a chore. Saturday, just before 8:30 am, we met at the house with brushes and ladders in hand. About a dozen well-meaning folks showed up, taking time out from the numerous tasks at their own homes. Doctors, geologists, lawyers, designers, industry supervisors, city employees, and stock brokers comprised the motley crew. Bless them! Ms. Rogers met us in the driveway, exhibiting a tremendous amount of hostility. She had the digital photo Adina provided in hand and proceeded to inform us that the only trim we were painting on her house was the white on the enhanced photo......and not one dab more. Her lawyer had advised her that that's all she had to allow (?). She thought that meant the trim along the front......nothing down the sides, or across the carport. We tried to convince her that anything seen from the street should be painted. We weren't successful. She was incredibly rude and berated us continually. We decided to only do what she was willing to let us do ------using paint she selected, remember......and completing a job that she agreed to in your office. Ms. Rogers further said her real estate agent had called and apologized to her for not telling her about the neighborhood ordinances. Long time Oaks resident and supporter, Marc McDonald, sold her the house and reportedly told her about the historic district's ordinances. He even gave her a lawn mower and edger to help her keep up her yard.... She asked us repeatedly if we wanted to buy the house. She even left at one point - to purchase For Sale signs, she said. We painted what little we could. It looks perfectly ridiculous and does not comply with the agreement with her to paint the trim on her house a light color of her choice. We were harassed and belittled. She treated our group miserably.....This is the same group that was willing to volunteer time and money to help her comply with the compromise reached with P&Z, after she had bypassed the ordinances. It would have looked decent- if we had been allowed to actually paint the trim including all the front and sides, at the very least.....and window frames, etc. The dark blue works as an accent if left on the shutters and front door, perhaps. But that can only be accomplished through intervention on your part to make sure that the compromise is carried out. If that is not done, we have been left hanging by this process and all involved in it. If we are not committed to following through to see that rules are followed after decisions are handed down, the process is worthless and we have been grievously misled. All in all - this was a good lesson - It's true that "no good deed goes unpunished." We've learned a lot. Perhaps you have also. We now look to you to compel Ms. Rogers to complete painting the trim on that house. We have furnished the paint - offered the labor at one point but never again. When the cry comes back that she can't afford to re-paint, please remember that she has approximately 3 gallons of free trim paint that she selected. She should only need a 1/2 gallon at the most. As far as the cost of the labor to do the job...... I suggest she be encouraged to climb a ladder and do it herself. We do........ and we did ---on her behalf. We did not consider ourselves too good to do her handiwork - It was all in the spirit of supporting our neighborhood. At least - we enjoyed each other.....and finally the absurdity of the whole fiasco. Please let us know what you intend to do. We've all been bam-boozled....and it shouldn't stop here. The ball is in your court. Virginia Jordan, President Oaks Historic District Neighborhood Association ORDINANCE NO. ENTITLED AN ORDINANCE TO APPEAL THE DECISION OF THE HISTORIC LANDMARK COMMISSION FOR THE PROPERTY LOCATED AT 2270 HAZEL STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Conni Rogers made a request for a certificate of appropriateness to allow certain paint colors on her house located at 2270 Hazel Street, Beaumont, Jefferson County, Texas; and, WHEREAS, after conducting a public hearing and hearing the evidence concerning the application, the Historic Landmark Commission voted to deny the request; and, WHEREAS, pursuant to the ordinances of the City of Beaumont, the applicant, Conni Rogers, has filed an appeal of the decision of the Commission to the City Council for the City of Beaumont. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Council considered the request of Conni Rogers for an appeal of the decision of the Historic Landmark Commission denying a certificate of appropriateness to allow the paint colors to remain on her house located at 2270 Hazel Street, Beaumont, Texas. The Council after considering the request, the evidence provided in support of the request and the staff response finds and determines that the request should be granted/denied. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - 4 July 25, 2006 Consider a request for an appeal of the decision of the Historic Landmark Commission on the denial of a carport at 2501 Hazel MAW City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of a carport at 2501 Hazel. RECOMMENDATION The Administration recommends approval of the appeal subject to the following conditions: The existing carport will be moved off of the right-of-way. The carport will be setback a minimum of ten(10) feet from the property line on 9' St. and sit parallel to the street. A minimum(6)foot tall wood screening fence will be constructed along the east and north sides of the carport to provide screening. BACKGROUND On April 10,2006,the Historic Commission denied a request for a certificate of appropriateness that would allow the carport that was constructed at 2501 Hazel. No certificate of appropriateness was applied for or approved prior to building the carport. Section 30-21.2 of the Zoning Ordinance states that accessory buildings must be compatible with the scale,shape,roof form,materials,detailing and color ofthe building. This carport does not meet these requirements and is clearly seen from the street. In addition,the carport is extending into the right-of-way. At the May 16, 2006 City Council appeal hearing, Virginia Jordan, the President of the Old Town Neighborhood Association, stated that the Association felt that some sort of compromise could be worked out which would be satisfactory to all involved. The item was tabled pending further discussions between the parties. The Neighborhood Association submitted to staff a suggestion that they would be agreeable to. This suggestion was agreed upon by Ms. Sharpton and staff. BUDGETARY IMPACT None. PREVIOUS ACTION At a regular meeting held April 10, 2006, the Historic Landmark Commission voted 9:0 to deny the carport. At a regular meeting held May 16,2006,the City Council voted 7:0 to table the appeal. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and the Planning Manager. . f d n N O N� � N CA,eP0A7- I i�3e Mi,✓. 0 ,— 4' fti 0 The existing carport will be moved off of the right-of-way. Z The carport will be setback a minimum of ten(10) feet from the property line on 9' /v TS St. and sit parallel to the street. A minimum(6)foot tall wood screening fence will be constructed along the east and north sides of the carport to provide screening. ORDINANCE NO. ENTITLED AN ORDINANCE TO APPEAL THE DECISION OF THE HISTORIC LANDMARK COMMISSION FOR THE PROPERTY LOCATED AT 2501 HAZEL STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Yvonne Sharpton made a request for a certificate of appropriateness to allow a pre-fab metal carport/storage building for property located at 2501 Hazel Street, Beaumont, Jefferson County, Texas; and, WHEREAS, after conducting a public hearing and hearing the evidence concerning the application, the Historic Landmark Commission voted to deny the request; and, WHEREAS, pursuant to the ordinances of the City of Beaumont, the applicant, Yvonne Sharpton, has filed an appeal of the decision of the Commission to the City Council for the City of Beaumont. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Council considered the request of Yvonne Sharpton for an appeal of the decision of the Historic Landmark Commission to deny a certificate of appropriateness to allow a pre-fab carport/storage building on property located at 2501 Hazel in Beaumont, Texas. The Council, after considering the request, the evidence provided in support of the request and the staff response finds and determines that the request should be granted subject to compliance with the following conditions: The will be moved off of the right-of-way. The carport will be setback a minimum of ten (10)feet from the property line on 9th St. and sit parallel to the street. A minimum (6) foot tall wood screening fence will be constructed along the east and north sides of the carport to provide screening. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - 5 July 25, 2006 Consider a request for a historic preservation loan for repairs to the home at 2223 North Cit y of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for a historic preservation loan for repairs to the home at 2223 North. RECOMMENDATION The Administration recommends approval of the request for a historic preservation loan for repairs to the home at 2223 North. BACKGROUND Dale and Nathalie Hallmark have applied for an historic preservation loan for work to be done to the foundation of their house at 2223 North. The Hallmarks state that the work will involve leveling the house, straightening all crooked blocks, installing twelve new concrete blocks and bases and installing termite shields. The loan amount is $3,200. Monthly payments would be$133.33 for twenty-four months. BUDGETARY IMPACT The Historic Preservation Loan program is funded with CDBG money. Currently,there is$42,000 in the Preservation Loan Account. PREVIOUS ACTION At a Regular Meeting held July 10,2006,the Historic Landmark Commission voted 7:0 to approve the historic preservation loan for repairs to the home at 2223 North. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Finance Officer, Planning Manager. GUIDRY'S HOUSE LEVELING 3615 Westmoreland Street Business (409) 840-5596 Beaumont, Texas 77705 Home (409) 842-4674 Date: May 2, 2006 Pager (409) 841-9919 Proposal Proposal Submitted To Work To Be Performed At Name Mrs. Hallmark Name Mrs. Hallmark Street 2223 North St. Street 2223 North St. City Beaumont, Texas 77701 City Beaumont, Texas 77701 Telephone No. 833-1746 790-1977 Telephone No. 833-1746 790-1977 We hereby propose to furnish all the materials and perform all the labor necessary for completion of Not responsible for any damages that may occur during leveling. Level house from highest grade Straighten all crooked blocks due to shifting Install termite Shields as needed. Install 12 ea. 4xl6xl6 concrete bases Install 12 ea. 8x8x12 concrete blocks All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a workman like manner for the sum of Thirty Two Hundred Dollars ($3200.00), with payments to be made as follows: ($1400.00)when work has started and($1800.00) upon completion. Make PayMents To J. J. Guidry ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date '�/'�1 At Signature � l RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve a historic preservation loan from the Historic Preservation Loan Fund in the amount of $3,200 to Dale and Nathalie Hallmark for renovation of the residence at 2223 North, Beaumont, Texas. The work consists of: leveling the house; straightening all crooked blocks => installing twelve new concrete blocks and bases; and E:> installing termite shields. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - • 6 July 25, 2006 Consider a request to abandon a 6'x 85' portion of a 15'wide utility easement along the rear of the property at 1920 Edson • • 1 City of Beaumont UP., Council g it A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request to abandon a 6'x 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson. RECOMMENDATION The Administration recommends approval of the request to abandon a 6'x 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson. BACKGROUND Mr.and Mrs.David Truax are requesting the abandonment of the west 6'of a 15'utility easement that runs along the rear of their property at 1920 Edson. The Truax's wish to install a swimming pool in their backyard. This item was sent to all interested parties. No negative responses were received. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held July 17, 2006,the Planning Commission voted 5:0 to approve a request to abandon a 6' x 85'portion of a 15' wide utility easement along the rear of the property at 1920 Edson. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 6' X 85' PORTION OF A 15' WIDE UTILITY EASEMENT LOCATED ALONG THE REAR OF THE PROPERTYAT 1920 EDSON IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 6'X 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson, being the west 6 feet x 85 feet of the 15 foot utility easement along the rear of Lot 28 and the south 5 feet of Lot 29, Block 1, Tall Timbers Addition, City of Beaumont, Jefferson County,Texas, containing 0.011 acres, more or less, as described on Exhibit"A" attached hereto, be and the same are hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - t $ JJ6 �! is f /bzsi `:ee n C T 6 If /0 File 694-OB: Request for the abandonment of 6' of a 15' utility easement. NORTH Location: 1920 Edson /s Applicant: Carl Wood . .r. SCALE 1"=200'" 1 � itJ Q e LANE i/J O /?0 6YJ' 0 1 ti P J60 43 }k t Y ? n ! "IN ' C� h Y ;4loDD ? io /o0 JIB se a C lJ 1 Olt h 130 w p / t/ad 7 k t 0 REGINA LN. $ so 90,0 AM J71 Vd`50 LAN its e jo 'Z� A ` A e w p _. jo ANE j � U1 y f U)` i7 a so Q is 1A O. t" Y to n � W es % C it �! p 1/19 / " 03 AM h so 4 1 $ 1. a Me 4 61 „t EXHIBIT "A" • 7 July 25, 2006 Consider authorizing the City Manager to execute a contract for the Wiess Bluff Pump Station Neches River Bank Stabilization Project Bea umont City of Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hann J. Tohme,Water Utilities Director MEETING DATE: July 25,2006 AGENDA MEMO DATE: July 19, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Wiess Bluff Pump Station Neches River Bank Stabilization Project. RECOMMENDATION Administration recommends approval of a contract with Laughlin Thyssen,LTD.,Houston,Texas,in the amount of$917,000.00 for the construction of the Proposed Wiess Bluff Pump Station Neches River Bank Stabilization Project.The project will stabilize 340 linear feet of river bank by installing geotextile fabric and rock rip-rap. Additionally, supports for the intake pipes will be installed with location bouys. The MBE goal will be met through subcontracts with the certified MBE firm of J and P Trucking for a total amount of$96,525.00. This amount represents 10.53 percent of the total bid. BACKGROUND The proposed improvements will protect the raw water pump station used during drought conditions.The primary raw water intake is at Bunn's Bluff. However, during drought conditions the water level drops lower than the intake pipe level. During such occurances,the intake at Wiess Bluff becomes the primary inlet for the raw water source.The proposed improvements will stabilize the Neches River bank damaged during Hurricane Rita to protect the emergency raw water source. BUDGETARY IMPACT Funds for the project are available in the Capital Program. The majority of the funds for the project are available in the form of a 75 0/o/25%grant by National Resource Conservation Service. Resolution 06-024 was passed by City Council on January 24, 2006 accepting the grant in the amount of$1,500,000.00. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. BID TABULATION WIESS BLUFF PUMP STATION NECHES RIVER BANK STABILIZATION BID OPENING DATE: THURSDAY, July 13, 2006 @ 2:00 p.m. The Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate tabulation of the bids received By: /!�>r..._� -7x/3/6 Patrick Donart,EIT, Water Utilities Engineer Date:07/13106 LAUGHLIN THYSSEN,LTD. BRYSTAR ERS,INC. ITEM QUANTITY DESCRIPTION HOUSTON,TX CONTRACTING INC. JACKSON,MS NUMBER JOE LAUGHLIN BEAUMONT,TX. TODD ROBERTS BRYAN PHELPS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO.1 1 MOBILIZATION. $27,000.00 $27,000.00 $28,000.00 $28,000.00 $30,000.00 $30,000.00 ITEM NO.2 1 Clear and grub the area to receive rip-rap. $300,000.00 $300,000.00 $370,000.00 $370,000.00 $350,000.00 $350,000.00 ITEM NO.3 1 Furnish and Install pipe supports and bouys. $110,000.00 $110,000.00 $80,000.00 $80,000.00 $230,000.00 $230,000.00 ITEM NO.4 1 Furnish and Install geotextile fabric and rip-rap. $430,000.00 $430,000.00 $442,275.00 $442,275.00 $560,000.00 $560,000.00 ITEM NO.5 1 Demobilization and restore site to original $50,000.00 $50,000.00 $13,500.00 $13,500.00 $16,000.00 $16,000.00 condition. TOTAL $917,000.00 $933,775.00 $1,186,000.00 Pa*f 1 9 CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE Q D;uc of'Rc1)0rt I)chartmcnl Piojcct N0. EOcatiOn LAN GINA �to ,_ S&C—)'4,UPI�S. l o1al ('onlract lmuunt $ 91 Namc ol'l'rimc Conimctor'Pro1)0scr I YPI:(W WORK(EEECFRICAI.. PAVING. F IV.) PROIE( II U NAMI OI MINOItI fY AND CONTRACT I ITINS OR PARTS TI1FRI:OF CON1N11:N('I:VIIA I & ViR,1::ED I OI\ ADDRESS TO BI--' PERFORMED CO\1 IIT1:1 1ON DA 11:: 111v1W WE 1110 h! - .J t�i Rv c 1c I rs C� i3FAvmoN-t' '�'rto t bump i pw Ply S2-!S�°= I he undcr�i,,ncd \\ill cntcr into a formal aurccmcnt kith MBE Contractors fur Ncork hstcd in this schc(I11lc cunditioncd 111)011 cWcu6011 01'a Colman ith the l'It '13caum0nt. N I I. aily husiII listed ah0vc must haNc Schcdulc A on liIc\Nith the Cite. "L 11" lUlc( is to he i tic]udcd kith bid.and resuhmittcd at JIl"o and 100 of hrujcct com1)1cti0n. Si& urc I itic ,7 RESOLUTION NO. WHEREAS, bids were received for a contract for the construction of the Proposed Wiess Bluff Pump Station Neches River Bank Stabilization Project; and, WHEREAS, Laughlin Thyssen, LTD, Houston,Texas,submitted a bid in the amount shown of$917,000; and, WHEREAS, City Council is of the opinion that the bid submitted by Laughlin Thyssen, LTD, Houston, Texas, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Laughlin Thyssen, LTD, Houston, Texas, in the amount of $917,000 for the construction of the Proposed Wiess Bluff Pump Station Neches River Bank Stabilization Project be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - 8 July 25, 2006 Consider approving a payment for emergency recovery services • City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 14, 2006 REQUESTED ACTION: Council approval of the payment for emergency recovery services. RECOMMENDATION Administration recommends the approval of a payment to Belfor USA of Houston in the amount of $710,645.41 for emergency recovery services at the Julie Rogers Theatre and Tyrrell Historical Library. BACKGROUND Both the Julie Rogers Theatre and the Tyrrell Historical Library suffered water intrusion as a result of Hurricane Rita. Representatives of Crum and Forster,our primary insurance company, contacted Belfor USA, a company that specializes in water extraction and moisture control, and asked that its services be instituted as soon as possible, so that the water damage could be stopped and brought under control. The City worked in cooperation with the insurance company because it was in our mutual interest to get this matter under control as quickly as possible. Additionally, these services were to be paid for by the insurance company. Belfor was on site from September 29 to December 6, 2005. The obligation to make this payment transferred from Crum and Forster to the City when the insurance company decided to end its participation, and the City received the full $5,000,000 that Crum and Forester had at risk under its policy. The City's other insurance companies have agreed that Belfor's services were necessary and appropriate. Belfor has not presented the City with a final payment request. The Houston office has indicated that there are a minimal amount of additional charges that will not be billed until the final insurance settlement has been approved. Belfor USA July 14, 2006 Page 2 BUDGETARY IMPACT Funds for this project are available from insurance proceeds. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves payment in the amount of$710,645.41 to Belfor USA, Houston, Texas, for emergency recovery services from Hurricane Rita at the Julie Rogers Theatre and Tyrrell Historical Library. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - s 9 July 25, 2006 Consider approving an ordinance declaring the structure at 439 Crockett as a dilapidated structure and order that it be razed City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: June 20, 2006 REQUESTED ACTION: Council consider an ordinance declaring the structure at 439 Crockett as a dilapidated structure and order that it be razed. RECOMIkIENDATION Administration recommends Council consider an ordinance declaring the structure at 439 Crockett as a dangerous structure and order that it be razed. BACKGROUND On June 6, 2002, City Council approved a condemnation order for the structure at 439 Crockett Street. This order was an amendment of a July 31, 2001 order, which allowed the new owner or owners an opportunity to enroll in a work program. The new owner never entered into a work program. Since 2002, the property has changed owners on several occasions with no work being performed on the structure. Additionally, the structure sustained extensive damage as a result of Hurricane Rita. The hurricane damage, coupled with the condition of the building prior to the hurricane,does not make it suitable for repair and/or rehabilitation. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION Council approved condemnation orders in July 2001 and June 2002. The structure has been enrolled in one work program. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Building Official ORDINANCE NO. ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 439 CROCKETT TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the building located at 439 Crockett to be a public nuisance in that said building violates Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and is for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the building located at 439 Crockett demolish and remove said structure_within_ten (1-0)--days of the effective date of-this-ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. 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 any person who violated any provision of this ordinance shall,upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE August 23, 2003 WARD 3 ADDRESS OF INSPECTION 439 Crockett(Commercial) OWNER Crockett St. Development LTD c/o Tom Flanagan ADDRESS 490 Park St. Ste. 200 CITY/STATE (01)-2900 APPRAISAL VALUE Land Value 37500 Improvement Value 51550 Total Value 89050 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X Previous owner A Enrolled in Work Repair Program? YES X NO 01/31/02 thru 05/31/02 MAJOR CODE VIOLATIONS: This is a commercial two story structure. The roof is severely damaged and for the most part is either collapsing or missing This structure has extensive water damage and rot. All of the glass has been broken or blown out from the storm This structure had significant deterioration prior to Hurricane Rita. The storm only worsened the condition making this a ve!3 danggrous structure. The structure's windows and doors that have glass remaining are in a condition that could cause a great danger to anyone who may enter the building The exterior walls also sustained considerable damage from the storm. The interior flooring, ceilings and walls are damaged and will need to be repaired All electrical wiring and electrical fixtures will need to be replaced All plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • y, t ff o �g 2 <, e i • h v 0 age Rol • 439 CROCKETT & 400 ORLEANS r- 3 +t;... T k ; s k i , y � R .q t NOW w T w r *: f w tfi � r r y � . ",.u; a t i W a x iO • t w r` N -w �. +� k '��� 4'y ."�♦ 'sir � iF y�. �ar b x imm- >. 111 = 1�111 7 400 ORLEANS & 439 CROCKETT SIDE VIEW FROM CROCKETT ST. ll x X10 y F .T S. oo REAR VIEW FROM REAR PARKING LOT Y t • m 1 a r .k � 3gg A mw X46. w ` r s � III � m p. _ N w v v � p ' 10 July 25, 2006 Consider approving an ordinance declaring the structure at 1435 Broadway as a dilapidated structure and order that it be razed or repaired P.. City of Beaumont �• Council Agenda Item 'M c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: June 29, 2006 REQUESTED ACTION: Council consider an ordinance declaring the structure at 1435 Broadway as a dilapidated structure and order that it be razed or repaired. RECOMMENDATION Administration recommends Council consider an ordinance declaring the structure at 1435 Broadway as a dangerous structure and order that it be razed or repaired. BACKGROUND In February 2005, the structure at 1435 Broadway was presented to City Council for a condemnation order. The property owner appeared before Council and requested that structures having historical significance be allowed additional time to complete repairs. As a result of this request, no action was taken on this property. On March 22,2005, City Council approved an ordinance adding a new section to identify structures which have been tagged as a dangerous structure,as having historical significance and providing time frames for their repair and/or rehabilitation. The zoning for the property at 1435 Broadway was established as an HC- L (Historical-Cultural Landmark Preservation) Designation by City Council on June 7, 2005. On June 7,2005, the property owner entered into a work program that provided a one-year time frame for substantial completion of the structure and an additional one-year period to receive the Certificate of Occupancy. The Building Codes Division was contacted by the owner on June 15,2006,-requesting additional time to complete the required repairs for the work program. The property owner indicated that he has been unable to continue with repairs due to Hurricane Rita. Failure to complete substantial repairs prior to the one-year period would allow the City to demolish the structure without any further notification to the property owner. During preparation of a request to extend the time frame, it was determined that there was not a condemnation order for this structure. In order to provide proper notice to the property owner and a legally binding condemnation order, it will be necessary for City Council to approve a condemnation order for the structure at 1435 Broadway. Upon approval of the condemnation order, the property owner will be required to enter into a new work program in which he will have one year to complete substantial repairs and one additional year to obtain the Certificate of Occupancy. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION Council approved the HC-L Designation on June 7, 2006. The structure has been enrolled in eight (8) work programs. SUBSEQUENT ACTION Property owner will be required to enter into a work program within ten (10) days after Council action. RECOMMENDED BY City Manager, Public Works Director and Building Official Broadway 1435CondemnationOrder.wpd June 29,2006 ORDINANCE NO. ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 1435 BROADWAY TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the building located at 1435 Broadway to be a public nuisance in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont,Texas, it is hereby ordered that the property owner(s) of the building located at 1435 Broadway execute a work program with the City within ten (10) days of the effective date of this ordinance and either demolish or have completed substantial repairs within one year from the date of the execution of the work order and one additional year to receive a Certificate of Occupancy. Should the owner(s)fail to execute a work program as ordered or fail to obtain substantial completion as defined in the work program, within one year from the initiating date of the work program, Council hereby orders that the property be demolished without further notification to the property owner(s) or City Council action. Section 3. If the property owner requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan executed prior to the enrollment of the property in the work program. Section 4. 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 5. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. Mayor Guy N. Goodson - SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE September 20, 1991 WARD 3 ADDRESS OF INSPECTION 1435 Broadway OWNER Mark W Bergeron ADDRESS 3730 Evalon CITY/STATE�06�-4723 APPRAISAL VALUE Land Value 5650 Improvement Value 3820 Total Value 9470 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Program? YES X NO 08/18/92 thru 1VIM2 07/12/95 thru 11/12/95 Extended untll 06/30/96 03%03197 thru'07/03/97 OMID7 thru-11/21/97 07!19!99 thru 11119/99 10/09/00 thru 02/09/01 06/20/05 thru 06/20107 MAJOR CODE VIOLATIONS: The structure has a new roof. It was not damaged by Hurricane Rita. The structure did sustain a small amount of damage from Rita. Most of the windows have all the glass broken out The exterior siding is being changed but has not been completed. Some painting of the exterior has been done but not completed Exterior doors still need to be replaced. There is evidence of termite damage but on the day of the last inspection there was an exterminator at the structure. Structure still has a lot of work not completed in the interior. No electrical permit or plumbing permits have been purchased. No electrical work other than a temporary electrical pole that supplies the alarm system has been completed. A small amount of the rough-in plumbing has been completed but nothing else. The structure is secured and being maintained The structure is very near the dry-in stage. SEE ATTACHED PHOTOS �.-�,, , ��� .,. .' x�», r �.., ��,� -n.-,...., a ♦�� ; �� ✓' �-, �.,. ,:. .�, .... ,..,. �.", .Ma-.. �,. .,,. .. r. t �. „� � �• ., �. ,. • .. � e .� ,. .. �.. .� �, ., �., �� .. -" � R u„p v•� . '.. y t � a ... .m. s; <. � w* s ��.�. '� . � _ y �. `� .r �" ;: L7� ( 7 i".G+�'� to t Y d � e t i F VAR . 1. • v" 07.1 y w1 , 2 �Y , , . \ .� . . � : \} : \\ ° � � � @� � � « � � m � »?2 :.:y>> � m . y . : �?w. . � \ � . . » «.�� � � � � ��». � 22 5ƒ«- � ��,r .: � � � � � � � w��». w:�y . � a a. ^ 2 \ ° < � � � % . , , � �\ ! . � �\�\� : . � . \\ � }��� �\�« � \ :�� y. x ® « y y.:, �:�� . ° � 3;���w»«2i � \ ����j - . . : y> , \«:����. < 2^ . : . �} � § \��%� ? � a �s . s k .:d`�-1���k�� fir.•i v �+ EYW� fp Ty A �u .e • A T � � Aw a w t� g ft's a MRW H M _ i e S All a ism K -9 w s , T.i,,. WIA 10, K, Pry 4 x+rr w 4 � { � r ry k� A*'Il3, I�f• „ r I 5 �x { o Aft� iCs K F � ,• lk r • 11 July 25, 2006 PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program • City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: City Council,after conducting a public hearing,consider an ordinance to declare the following sixty-three (63) structures to be dangerous structures and order the owners to raze said structures within ten(10) days. If the property owner fails to comply within ten(10)days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally,if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has been established prior to the enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 2925 Amarillo 11. 3925 Congress Avenue (1) 2. 1545 Avenue B (Garage Apartment) 12. 2095 Corley (Garage) 3. 2393 Avenue D(Garage Apartment) 13. 3105 W. Crockett 4. 3037 Brenham 14. 520 E. Delaware 5. 2095 Cable Avenue (1) 15. 3230 Elinor 6. 2250 Cable Avenue (1) 16. 2210 Euclid 7. 855 Caldwell (1) 17. 1535 Evalon 8. 580 N. Circuit Drive 18. 11155 Fleming Lane 9. 2385 Clearview 19. 3895 Fonville Avenue (1) 10. 8345 College (Commercial) 20. 3945 Fonville Avenue (#� Indicates number of times structure has been enrolled in work program. Continued 21. 2370 Forrest 43. 2495 Magnolia(Commercial)Carwash 22. 4920 Forsythe 44. 3215 Magnolia(Metal Shed) 23. 850 S. a Street (Commercial) 45. 3477 Magnolia 24. 1760 Gladys 46. 280 Manning 25. 3280 Glenwood 47. 1062 McFaddin 26. 1190 Gulf 48. 5680 Mel Sha Lane 27. 665 Harriot (1) 49. 1285 North 28. 2870 Harriot(Garage Apartment) 50. 1335 Park(Commercial) 29. 4694 Hartel 51. 1315 Pipkin (1) 30. 3245 Highland (1) 52. 741 Prairie 31. 582 Hill 53. 3610 Robinson 32. 1110 Iowa (1) 54. 3755 Robinson 33. 1711 Irving(Commercial) 55. 3890 Robinson 34. 1945 Irving(Commercial&Rear Bldg. 56. 8215 San Bruno 35. 2057 Irving 57. 1025 Steve Drive 36. 2107 Irving(Commercial) 58. 1035 Steve Drive 37. 460 Jeanette 59. 220 Todd 38. 3206 Lampassas 60. 2501 Tyler(Rear Auxiliary Bldg) (1) 39. 1575 LaSalle 61. 1016 Victoria 40. 1615 LaSalle 62. 2840 Willard 41. 1250-60 Madison Avenue 63. 4010 Willie Mae 42. 3350 Maida Road (#) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends City Council condemn these sixty-three (63) structures and order the owner to raze within ten(10)days. Additionally,if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has been established prior to the enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. BACKGROUND It has been determined that these structures meet the definition of a dangerous structure and have deteriorated to a condition that they are no longer considered suitable for repair. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION These structures have been inspected by the Building Codes Division and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Building Codes Division will demolish or cause to be demolished said structures. RECOMMENDED BY City Manager,Public Works Director and Building Official. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 2925 Amarillo 33. 1711 Irvin Commercial 1545 Avenue B (Garage Apartment) 34. 1945 Irvin Commercial & Rear Bldg. 2393 Avenue D (Garage Apartment) 5. 2057 Irvin 3037 Brenham 36. 2107 Irvin Commercial 2095 Cable Avenue 37. 460 Jeanette 2250 Cable Avenue 38. 3206 Lam assas 855 Caldwell 39. 1575 LaSalle 580 N. Circuit Drive 40. 1615 LaSalle 2385 Clearview 41. 1250-60 Madison Avenue 10. 8345 College (Commercial) 42. 3350 Maida Road 11. 3925 Congress Avenue 43. 2495 Ma nolia Commercial Carwash 12. 2095 Corley (Garage) 44. 3215 Magnolia Metal Shed 13. 3105 W. Crockett 45. 3477 Magnolia 14. 520 E. Delaware 46. 280 Manning 15. 3230 Elinor 47. 1062 McFaddin 16. 2210 Euclid 48. 5680 Mel Sha Lane 17. 1535 Evalon 49. 1285 North 18. 11155 F1 ming Lane 50. 1335 Park Commercial 19. 3895 Fonville Avenue 51. 1315 Pi kin 0. 3945 Fonville Avenue 52. 741 Prairie 1. 2370 Forrest 53. 3610 Robinson 2. 4920 Forsythe 54. 3755 Robinson 3. 850 S. 41n Street Commercial 55. 3890 Robinson 4. 1760 Gladys 56. 8215 San Bruno 5. 3280 Glenwood 159.7. 1025 Steve Drive 6. 1190 Gulf 8. 1035 Steve Drive 7. 665 Harriot 220 Todd 8. 2870 Harriot(Garage Apartment) 0. 2501 Tyler Rear Auxiliary Bldg) 9. 4694 Hartel 1. 1016 Victoria 0. 3245 Highland 2. 2840 Willard 1. 582 Hill 3. 4010 Willie Mae 32. 1110 Iowa to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. 1. 2925 Amarillo 33. 1711 Irvin Commercial 2. 1545 Avenue B (Garage Apartment) 34. 1945 Irvin Commercial & Rear Bldg. 3. 2393 Avenue D (Garage Apartment) 35. 2057 Irvin 4. 3037 Brenham 36. 2107 Irvin Commercial 2095 Cable Avenue 37. 460 Jeanette 2250 Cable Avenue 38. 3206 Lam assas 855 Caldwell 39. 1575 LaSalle 580 N. Circuit Drive 40. 1615 LaSalle 2385 Clearview 41. 1250-60 Madison Avenue 10. 8345 College (Commercial) 42. 3350 Maida Road 11. 3925 Congress Avenue 43. 2495 Magnolia Commercial Carwash 12. 2095 Corley (Garage) 44. 3215 Magnolia Metal Shed 13. 3105 W. Crockett 45. 3477 Magnolia 14. 520 E. Delaware 46. 280 Manning 15. 3230 Elinor 47. 1062 McFaddin 16. 2210 Euclid 48. 5680 Mel Sha Lane 17. 1535 Evalon 49. 1285 North 18. 11155 Fleming Lane 50. 1335 Park Commercial 19. 3895 Fonville Avenue 51. 1315 Pi kin 0. 3945 Fonville Avenue 52. 741 Prairie 1. 2370 Forrest 53. 3610 Robinson 2. 4920 Forsythe 54. 3755 Robinson 3. 850 S. 41n Street Commercial 55. 3890 Robinson 4. 1760 Gladys 56. 8215 San Bruno 5. 3280 Glenwood 57. 1025 Steve Drive 6. 1190 Gulf 58. 1035 Steve Drive 7. 665 Harriot 59. 220 Todd 8. 2870 Harriot(Garage Apartment) 0. 2501 T ler Rear Auxiliary Bldg) 9. 4694 Hartel 1. 1016 Victoria 30. 3245 Highland 2. 2840 Willard 1. 582 Hill 3. 4010 Willie Mae 32. 1110 Iowa Annual Contract for Work Uniforms July 19, 2006 Page 3 BUDGETARY IMPACT Funds for uniforms are budgeted in each Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, bids were received for an annual contract for the purchase of civilian employee work uniforms; and, WHEREAS, Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, submitted a bid in the unit amounts shown below: Estimated yearly Quantity Description Unit Price Total Price 600 en's Long Sleeve Shirts $9.95 $5,970.00 600 en's Short Sleeve Shirts $8.95 $5,370.00 125 omen's Long Sleeve Shirts $11.00 $1,375.00 90 omen's Short Sleeve Shirts $8.60 $774.00 20 Icenim en's Button Down Oxford US Shirt $13.95 $279.00 40 en's Button Down Oxford S/S Shirt $12.25 $490.00 700 en's Pants/Regular Style $13.25 $9,275.00 200 en's Pants/Jean Cut Style $14.50 $2,900.00 150 omen's Pants $14.95 $2,242.50 20 en's Pleated Slacks $16.20 $324.00 20 en's Traditional Work Pants $13.40 $268.00 50 Jeans $16.00 $800.00 200 Jackets $23.99 $4,798.00 20 Feam Jackets $32.50 $650.00 100 on Sleeve Coverall $19.50 $1,950.00 75 3hort Sleeve Coverall $27.50 $2,062.50 125 a s $7.00 $875.00 2000 ity of Beaumont Emblems $1.50 $3,000.00 90 ivic Center Emblems $1.50 $135.00 TOTAL ESTIMATED ANNUAL EXPENSE: $43,538.00 and, WHEREAS, City Council is of the opinion that the bid submitted by Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, for an annual contract in the estimated amount of $43,538 for the purchase of civilian employee work uniforms be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - c City of Beau mont Council Agenda Item EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to approve a License Agreement with the Crockett Street District dba Downtown Productions, L.L.C., for a one (1) year term. RECOMMENDATION Administration recommends approval of the License Agreement. BACKGROUND The City of Beaumont continues in its campaign to promote business development in the downtown area and provide an aesthetically-pleasing environment for patrons from the community. The City of Beaumont and Crockett Street Development participated in a private/public partnership to develop Crockett Street. The City was responsible for paving, sidewalk and lighting improvements on Crockett Street. In June 2003, the City entered into a License Agreement with Crockett Street Development. The agreement provided exclusive use of the Crockett Street right-of-way from Main to Pearl Streets. Under the terms of the proposed license, Downtown Productions may limit vehicular and pedestrian traffic to this section of Crockett Street. In return for this exclusive license, Downtown Productions agrees to provide the City with written notice thirty (30) days in advance of any planned entertainment event, in order to limit pedestrian access. The license requires a payment to City of ten percent (10%) of gross receipts for admission for all "for profit" events. There is not a required fee for "non-profit" events; however, the notifications requirements are the same. Crockett Street License Agreement Renewal July 18, 2006 Page 2 Additionally, the maintenance of the infrastructure on Crockett Street from Main to Pearl Streets will be the responsibility of Downtown Productions. Also included in the license is an indemnification clause and the requirements for insurance with the City as a name insured. Should the one(1)year term expire, the license will continue from month-to-month until such date as it is renewed by City Council. A copy of the License Agreement in its substantial form is attached for your review. BUDGETARY IMPACT The City has received $29,799.80 since June 2003 as a result of the 10% fee. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one(1)year License Agreement with Crockett Street District d/b/a Downtown Productions, L.L.C. for the use of the Crockett Street right-of-way from Main to Pearl Streets. The License Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. Mayor Guy N. Goodson - LICENSE STATE OF TEXAS § ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § On the date last indicated below, the City of Beaumont, a municipal corporation of Beaumont, Jefferson County, Texas, (hereinafter called "Licensor"), and Crockett Street District, by and through Downtown Productions, L.L.C., (hereinafter called "Licensee"), contract and agree asset forth herein. Licensee desires an exclusive license from Licensor to use the real property the subject of this License Agreement described as follows: Crockett Street right-of-way between Main and Pearl Streets(herein"Licensed Premises"). Licensee may limit vehicular access to the Licensed Premises, but may not limit pedestrian access at any time except as follows: Should Licensee desire to limit pedestrian access to the Licensed Premises, they must first provide Licensor with thirty (30) days advance written notice of its intention to do so. If an admission charge is assessed or compensation is paid for use of the Licensed Premises and the event is a"for profit" event, Licensee shall pay to Licensor a fee of ten percent(10%)of the gross receipts for admission to the event. There shall be no fee for"non-profit" events, but Licensor shall still be given at least thirty (30)days notice as set out above. "Non-profit" event, as used in this License, means that 100% of the admission fee for the event is received by the organization for which the event is held and the organization is a charitable organization as defined by the Tax Code of the State of Texas, or the Internal Revenue Code of the United States. Licensee is to provide Licensor with thirty(30)days advance written notice of the events planned for the Licensed Page 1 of 7 EXHIBIT `A' Premises. Should Licensee fail to comply with the notice and fee provisions of this paragraph,this License may be terminated immediately. Licensor shall be allowed to audit the financial records of"for profit"events to verify payment accuracy. Such audit will occur during normal business hours. Truck deliveries to the Crockett Street District will be limited to the Licensed Premises. No truck delivery will be made on either Main or Pearl Streets. Licensed Premises may continue to be occupied and used by Licensee solely in connection with the Crockett Street District and for incidental purposes related thereto during the term of this License or until termination thereof. Said License shall be for a term of one (1) year from and after the date of its approval by the City Council of Licensor. Should the one (1) year term expire, the license will continue from month to month until such date as it is renewed by the City Council. No permanent improvements shall be made upon the Licensed Premises without first obtaining the written consent of Licensor by and through its City Manager or his designee and providing a copy of the notice to Licensor in writing of how,when and to what extent such improvements are to be made. A copy of this License shall be attached to such notice. In the event Licensor, by Resolution of the City Council, determines there is a public need of the subject property or any part thereof,for the benefit of the Licensor or to protect the health, safety or welfare of the public, and it terminates this License or any part thereof, Licensee shall not receive any compensation and the Licensor shall not be liable therefor Page 2 of 7 whether for the value of the property taken, damage to the abutting or remaining property or improvements, loss of business or profit, loss of access, or otherwise. Licensee shall, at all times of use under this License, be liable for all liability and/or damage claims for injury or death of persons or property from any cause whatsoever relating to the occupancy of the premises by Licensee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the Licensed Premises, during the term of this License or any extension thereof. Licensee agrees to indemnify and save harmless Licensorfrom anyand all claims,causes of action,and damages of every kind for injury to or death of any person and damages to property arising out of the occupancy and use of Licensed Premises or the operations embraced by this License and including acts or omissions of Licensor in connection therewith. Licensee shall carry public liability and property damage insurance covering operations hazards, and including Licensee's obligations under the indemnification provision contained in this License (with a company acceptable to Licensor)with Licensor as a named insured in the sum of$1 million in the aggregate. Should Licensor determine at any time during the term of this License Agreement that the above coverage is inadequate, it shall notice Licensee in writing to increase the amount of such insurance so the same shall be adequate. The failure of Licensee to obtain said additional insurance within thirty (30) days of Licensor's request shall constitute a breach of this License. A copy of the original policy shall be filed with the City Clerk of City. Page 3 of 7 As part of the consideration for this License Agreement, Licensee shall pay to Licensor the sum of $10.00 (Ten and No/100 Dollars), said sum being non-refundable. Licensee recognizes that this License does not affect the use of the Licensed Premises by Licensor or any entity with a franchise to use City rights-of-way. This Agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date therein specified. This License is neither assignable nor transferrable except (1) in conjunction with and as part of Licensee's conveyance of all the abutting property and (2) occupancy and use of the Licensed Premises by a lessee leasing abutting property from Licensee(in which case Licensee is not relieved from its obligations owed to Licensor hereunder). This License survives through probate or warranty deed or lease. In any such event, other than lease of abutting property, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying the abutting property. This License shall include the right of Licensee to have balcony structures which extend into the Licensed Premises. Licensee shall be responsible for all maintenance,repair and upkeep of the Licensed Premises, including, but not limited to, brick pavers, decorative lighting, arches and lighting on arches and curbs. Any notice to Licensor shall be sufficient if it is mailed or hand-delivered to the Office of the City Manager, City of Beaumont, P. O. Box 3827, Beaumont, Texas, 77704. Any Page 4 of 7 notice to Licensee shall be sufficient if mailed or hand-delivered to Licensee at 555 Main Street, Beaumont, Texas, 77701. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day of , 2006. LICENSOR CITY OF BEAUMONT By: Kyle Hayes, City Manager LICENSEE CROCKETT STREET DISTRICT dba DOWNTOWN PRODUCTIONS, L.L.C. By: Jeff McCarson, President Downtown Productions, L.L.C. Page 5 of 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared KYLE HAYES, City Manager of the City of Beaumont, a municipal corporation of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the act and deed of the City of Beaumont. GIVEN under my hand and seal of office this the day of 2006. Notary Public in and for the State of Texas Page 6 of 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared JEFF McCARSON, President of Downtown Productions, L.L.C., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the Representative of Crockett Street District. GIVEN under my hand and seal of office this the day of , 2006. Notary Public in and for the State of Texas Page 7 of 7 D City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 13, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten (10) foot wide water line easement for fire hydrants across A-Mini Storage property at 575 Interstate 10 South. RECOMMENDATION James M. Dobson III, d.b.a. A-Mini Storage has agreed to convey a ten foot(10') wide water line easement to the City of Beaumont. The Water Line Easement crosses A-Mini Storage property at 575 Interstate 10 South and will serve fire hydrants on the property (Tract 28-K, Plat C-5, David Brown Survey, Abstract 5). Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOAEkIENDED BY City Manager and Public Works Director Engfire_a-mini-storage-ib.wpd 13 July,2006 RESOLUTION NO. WHEREAS,James M. Dobson III,d/b/a A-Mini Storage, has conveyed a ten-foot(10')wide Water Line Easement, as described on Exhibit "A" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services: Tract 28-K, Plat C-5, David Brown Survey, Abstract 5 and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by James M. Dobson 111, d/b/a A-Mini Storage, as described on Exhibit 'A" be and the same is hereby accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - FAUST Engineering and Surveying, Inc. PROFESSIONAL ENGINEERS AND PRQ=10NAL SUEtVEYORS E-MAIL ADDRESS INFO @F.AUSTENG COF 1' TO-EPHONK(409)8]3,34]0 2525 CALDER STREET FAX(409)813-3484 BEAUMONT,TEXAS 77702 FIELD NOTE DESCRIPTION FOR A 0.07ACRE TRACT OUT OF THE DAVID BROWNSURVEY,ABSTRACTS BEAUMoNT,JEF'FER SON CoUNTY, TEXAS June 8,2006 THAT certain 0. :Texas, and 07 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, being out of that certain 2.14 acre tract of lasld-knofwn as Tract 28-K of the David . frown Survey; said 0.07 acre tract being more particularly described by metes and bounds as. follows: COMNMNCING at a concrete monument which marks the intersection.of the east line of Interstate Highway 1 Q-and the.north line of an 80.00 foot easement granted to Jefferson County Drainage District No. 6(DD6); THENCE North O1°31'50" West along the said east line of Interstate Highway 10,a distance_of 82.3 8 feet to t> a southwest corner of the said 0.07 acre tract and :being the POINT OF BEGINNING; THENCE continuing North 01°31'50" West along the said east line of Interstate Highway IQ, a distance of 10.00 feet to a.poini for the northwest corner of the said 0.07'acre tract; THENCE East, a distance of 299.34 feet to the northeast corne acre tract; r.of the said 0.07 THENCE South, a distance of 40.00 feet to the southeast comer of the said 0.07 acre tract; THENCE West,a distance'of 299.08 feet to the POINT OF BEGINNING, + t Richard F.Faust, Registered Professional Land �'' �S1' q:. �� � oFN Surveyor.No.4782 sZ •.+.:....,: , ...R� NAAD F FAUST <VP 4782 EXHIBIT"A"Page 1 of 2 S'ZJRV \\Server\documents\Draw\2006\0606\0606044\easement legal.do" N p OD A E E a msmm AW"ar PAVA2 f I 4 PROJECT—­12 T SITE. N aa� GATEWAY STREET E mmxo mmr„cocr Mau”imam E � E, $ ,r a saw BO f t O. 2� XWY 90 �~ ° ,arnHO.ir,ur 7imaHr ' , VICINITY MAP o rmar' b L2 _ _ - - - -. _ — M 0 — — — — — — L4 - - cnu ,oa ami,,vaaw °o zvsrnm DETAIL-OF EASEWNT • .. rass Marna Aa7naLr Hr,MWr ' rater . rr- MOM"mu Mr„a,r" g E. 7�T1D,nama man�inor"°d n"0 • m„ot w - nrcanr„Dour rwr r„ca N 89.69'68'9 308:33' irccwm rr♦Aa,Lw,l/aan,Mr rXX to msrna AM=7AYZMVff a a7a,mra s►,M,rrr Aa,sa Ln,r,ac a.r, AAM0 Imor e attar �•. E a IL+� ' E E 1,010$,MrrAC aro,Aa„mLaua d . C q r,orat„mAt aroator,wtnwa 9 � a,,romr,a lorr,aareaa . (y N - art,arrrna sorwparrru'. - aar tpyr,a AVMALr PARMW {b Awpoaa,OUw Lw,FIMe, ,rMwa IdlJtlLr IARY,Nr ,L3rwa=am iwr ll,ar N 89.69'49"E 476.00' FANNIN STREET DITCH NOTE: BOUNDARY.INFORMATION PROVIDED BY CLIENT FROM A SURVEY FXRPARED BY.FITTZ AND SHIPMAN, INC. a�57�'9�' WATER LINE EASEMENT Fes . A-MINI STORAGE R af Fir ,a 575 INTERSTATE 10 SOUTH 7 . BEAUMONT; TEXAS LINE TABLE FAUS-1---m. LINEL LENGTH BEARING BEARING NG,. IC. No13 1'E T ENGINEERING-AND SURVEYI 10-00 "Serving the Golden Triangle for 10 years" L2 299.34 SOUTH . Date: JAN. 26 2005 2525 Calder Street L3 10.00 Beaumont, Texas 77702 L4 299.08 WEST Project No. 0606044 EASEMENT (409).813-3410 Fax (409) 813=3484 1M*ftr • �k City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 25, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 3-10/Consent Agenda * Consent Agenda GENERAL BUSINESS • 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling- 2)District at 2916 E. Lucas 2. Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway 3. Consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel 4. Consider a request for an appeal of the decision of the Historic Landmark Commission on the denial of a carport at 2501 Hazel 5. Consider a request for a historic preservation loan for repairs to the home at 2223 North 6. Consider a request to abandon a 6'x 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson 7. Consider authorizing the City Manager to execute a contract for the Wiess Bluff Pump Station Neches River Bank Stabilization Project 8. Consider approving a payment for emergency recovery services 9. Consider approving an ordinance declaring the structure at 439 Crockett as a dilapidated structure and order that it be razed 10. Consider approving an ordinance declaring the structure at 1435 Broadway as a dilapidated structure and order that it be razed or repaired 11. PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. � 1 July 25, 2006 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2916 E. Lucas City of Beaumont •�• Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner,Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single FamilyDwelling)District to GC-MD-2(General Commercial- Multiple Family Dwelling-2)District at 2916 E. Lucas. RECOMMENDATION The Administration recommends approval of a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District at 2916 E. Lucas. BACKGROUND Brammer Construction, Inc. has applied for a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District for 0.90 acres of land at 2916 E.Lucas. The purpose of the zone change is to allow the construction of a commercial shopping center. Proposed businesses include a washateria,nail shop, beauty shop and barber shop. The owner of the property is Duong&Le, Inc. The south 150' of Duong&Le's property is zoned GC-MD. The rest of the subject property is zoned RS. Across Idylwood is an existing convenience store. Proposed plans call for a strip shopping center facing E.Lucas with access to both E.Lucas and Idylwood. To develop the property,as proposed,will require that the remainder be rezoned.This development will provide much needed services to the north end of Beaumont. The Planning Commission felt that GC-MD-2 zoning would be more appropriate due to the surrounding residential uses. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 17,2006,the Planning Commission voted 5-0 to approve a zone change from RS(Residential Single Family Dwelling)District to GC-MD-2(General Commercial- Multiple Family Dwelling-2) District at 2916 E. Lucas. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OFTHE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 2916 E. LUCAS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 2916 E. Lucas, being the north 192.42'of the south 342.42'of Lots 1 and 2, Block 2, Lucas Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.90 acres, more or less, as shown on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day o f July, 2006. - Mayor Guy N. Goodson - 0 I+`ile! 1829-Z: Request for a zone change from RS(Residential Single Family Dwelling) NORTH to GC-MD (General Commercial-Multiple Family Dwelling)District or more At restrictive district. Location: 2916 E.Lqcas SC`A'E c LL Applicant: Brammer Construction Co.,Inc. 4 KN OD O O •5�1aa � 6' o � 4-C N 4.g 4 3 ItW a mo. �` 4 3 i> �Q w Z Z R. 3 s LLJ Im N O M- W �G L-u- C A 3s /0 ,35 /G {3sl3G 60 /G3S 5435 50 EAST LUCAS SourH LtnrE HEZEK/4 oRTH /NE ASSALGA a ro0 /�O •/sro 60 / O 54 I 54 t 26 4 53 ,� 2 53 2 25 in 52 2 3 52 24 N 51 4 51 s �, 23 50 5 54 EXHIBIT "A" 22 2 July 25, 2006 Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District in the 3900 Block of Pointe Parkway. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District in the 3900 Block of Pointe Parkway subject to providing a 30'wide landscape buffer on the south side of the property. BACKGROUND Christian Fellowship Worship Center,Inc. is requesting a specific use permit to allow a church in an RS(Residential Single Family Dwelling)District. The property is located in the 3900 block of Pointe Parkway. The initial plans call for the construction of a 15,000 sq. ft. sanctuary with Sunday school classrooms and administrative offices. Future phases include the construction of a family life center and possibly a gymnasium. The exterior of the church will be either brick or stucco finish per restrictions imposed by agreement with the developer. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 17, 2006, the Planning Commission voted 5-0 to approve a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway subject to providing a 30'wide landscape buffer along the south side of the property. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED IN THE 3900 BLOCK OF POINTE PARKWAY 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 Christian Fellowship Worship Center, Inc. to allow a church in an RS(Residential Single Family Dwelling) District located in the 3900 block of Pointe Parkway, as described in 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 church in an RS (Residential Single Family Dwelling) District located in the 3900 block of Pointe Parkway, as shown on Exhibit "B" attached hereto, is hereby granted to Christian Fellowship Worship Center, Inc, its legal representatives, successors and assigns subject to providing a 30'wide landscape buffer on the south side of the property. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" 10 and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a %" capped Iron Rod set marking the southwest.corner of the herein described tract, said corner being in the north line of that certain 4.913 acre tract conveyed by LaTEX lnvestors, L.P. to Jefferson County Drainage District No. 6 (DD6) For a 100 foot .(100) wide drainage right-of-way, described in deed as Tract 1, as recorded under County Clerk's File No. 2002000838 of the Official Public. Records of Real Property, Jefferson County, Texas, and_also being located North 03 degrees 01 minute. 43 seconds West (N 03°01'43" W) a distance of 100.00 feet (100.00) from the northwest corner of that certain 6.5229 acre fract conveyed by LaTEX Investors, L.P. to Four.Macs Beaumont, L.P. as recorded under County Clerk's File No. 2005030762 of the Official Public Records of Real Property, Jefferson County, Texas, THENCE with the west line of the herein :described tract, .North 03 degrees 01 minute 43 seconds West(N 03001'43" W) fora distance of 120.00 feet (120.00) to a %"capped Iron Rod set marking an angle point in the west line of the herein described tract; THENCE continuing along the west line of the herein described tract, North 06 degrees 23 minutes 30'seconds West (N 06'23'30" W) for a distance of 170.30 feet (170.30) to a %"capped Iron Rod set marking for comer marking an angle point in the west line of the herein described tract, THENCE continuing with the west line of the herein described tract, North 03 degrees 01 minute 43 seconds West (N 03 001'43" W) for a distance of 219.84 feet (219.84) to a %" capped Iron Rod.set marking the point of curvature of a curve to the right having a central angle of 19 degrees 44 minutes 59 seconds (19°4459), a radius of 1,000.00 feet (1000.00'), and a long chord of 342.99 feet (342.99) which bears North 06 degrees 50 minutes 46 seconds East (N 06 050'46"E); THENCE continuing with the west line of the herein described tract, along said curve to the right, for an arc distance of 344.70 feet (344.70) to a %" capped--Iron-Rod. set marking the northwest comer of the herein described tract, said corner being in the northeasterly line of said 20.0.686 LaTEX Investors tract and in the southwesterly line of that certain 9.44 acre tract of land conveyed by Arimoco Production Company to Jefferson. County. Drainage District No. 6 (DD6) for a 100 foot (100) wide drainage easement, described in deed as Tract 2-D, as recorded under'County Clerk's Film Code No. 104-01-0353 of the Official Public Records of Real Property, Jefferson County, Texas; THENCE with the northeasterly line of said 200.686. acre- LaTEX Investors tract, the northeasterly line of the herein described tract, and the southwesterly line of said 9.44 acre DD6 drainage easement, South 51 degrees 28 minutes 57- seconds East (S 51'28'57" E) for .a distance of 87.38 feet (87:38') to a 3/4". Iron Rod found marking the point of curvature of a curve'to the left having a central angle of 18 degrees 07 minutes 02 seconds (18°07'02'), a radius,of 550.00 feet (550.00), and long chord of 173.19 feet (173.19) which bears South 60 degrees 32 minutes 29 seconds East(S 60 03229"E); EXHIBIT "A„ LEGAL DESCRIPTION FOR ORDINANCE PURPOSES THENCE continuing with the northeasterly line of said 200.686 acre LaTEX Investors tract and of the herein described tract, the southwesterly line of said 9.44 acre DD6 drainage easement, and along said curve to the left for an arc distance of 173.91'.feet (173.919 to a capped iron Rod found marking the point of tangency; THENCE continuing with the northeasterly line of said 200.686 acre LaTEX Investors .tract, the northeasterly line of the herein described tract, and the southwesterly line of said 9.44 acre DD6 drainage easement, South.69 degrees 36 minutes 01 second East (S 69°36'01"E) for a distance of 465.98 feet (465.98') to an iron rod with DD6 aluminum cap marking the most southerly southeast corner of said 9.44 acre. DD6 drainage easement, the most easterly northeast corner of said 200.686 acre LaTEX Investors tract, and the northeast comer of the herein described tract, said corner being in the westerly line of that certain tract of land described in deed as Tract 1. out of that certain 300 acre tract conveyed by Amoco Production Company to Jefferson County Drainage District No. 6 (DD6) as recorded under. County Clerk's Film Code No. 104-01-0353 of the Official Public Records of Real Property, Jefferson County, Texas; THENCE with the most easterly line of said 200.686 acre La Tex Investors tract, the westerly line of said 300. acre DD6.Tract .1, and the east line of the herein described tract, South 07 degrees 38 minutes 37 seconds West (S 07 03837" W) for a distance of 521.00 feet (521:.00) to an iron rod with D66 aluminum cap marking the southeast corner of the herein described tract, said corner also marking the northeast corner of the aforesaid 4.913 acre DD6 Tract 1; THENCE with the north line of said 4.913 acre DD6 Tract 1 and the south line of the herein described tract, South 87 degrees 01 minute 05 seconds West (S 87 001'05" M for a distance of 591:40 feet (591:40) to the PLACE OF BEGINNING. CONTAINING IN AREA 10.0187 acres of land(436,414 square feet),more or less. EXHIBIT "B " ° TO ACCOMPANY AP PUCATION File 1830-P: Request for a specific use NORTH FOR SPECIFIC USE PERMIT permit to allow a church in.an RS BEAUMONP. •TEF 'EBSON COUNTY, TEXAS (Residential Single Family Dwelling) JUNE 2006 District. SCALE ' APPLICANT' ' Location: 3900 block of Pointe Parkway N.T.S. CSRIS"W FELLO?rSRZP 1P0RSHIP CENTER, INC. Applicant: Christian Fellowship Worship P.O. BOX 5759 Center,Inc. BEAUMONT, TMS 77726 arrull& PREPARED BY co► tans Ck sun-qv,s \• \ na. 3120 Fannin svmr. . . \ \ na Bea n4 To=77701 \ (409)833-3363 4.417A HOMSAR, \ PROPERTIES, L L.C. 28.78M,i \ fRL 282ACM BESFRVED RoD)—� Ac RM-H GC-MD-2 \ GC-MD-2 9I AC RM-H DELTA ROAD DEVELOPERS, INC. \ RM-H 1L1AC FO OX APARTMENT DEVELOPMENT; LTD. —————————— I R-S I.20 ACRES A-R 4913AC IIESLgI' UNITED i popvyB �ic b �RRCH I OIIR YLCS 9.0808AC B ��ACLY. �,<^ 21006AC 19.000AC I RM-H RM-H R. BLREFMD RM-H 4 9.908AC Q Iq GC-MD-2 I �CT GC-MD-2 z� 1R4CTC FOLSOY L114AC BELUI(ONT SCBIPI a 4.661 AC Y®GROUP k FAY¢Y CARE .628A nucr PRACTICE INC. 3.B18AC B 4.7758AC 3S813AC O L148AC FOLSOM DRIB DRdDVLGB DLSIRICT 8� (aoa wrtw�pn etsN a7 SCALE . 17— 100' _ _ - _ / / DETENTION BASIN"A"—� ._-�.•_ JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 ZONED A—R 10,Pram asnim (anay.cAS) JEFFERSON COUNTY` DRAINAGE DISTRICT NO. 6 JEFFERSON COUNTY Ex5rM DRANWE CNwNE1 i' / _ DRAINAGE DISTRICT 6 I �—-—•tz'1111—- ' ' GYMNASIUM ® ® — / �'41) i 13.000 0 Fo sh _ ro Iz>�w 2 n BLDG i LIFE CENTER 10,0000 15,000 ld / x MWICE / > ------32'DRIVE- u I TRACT J , 10.0187 ACRES _ 3o wnsEAPne BuPrEx O �'• � (�„< 4Y as.;,ess�sco� ..�:: i1.w pry.as 3F iwe iF .n,Fn I .��. - N r p : fExistr,c SFCROrO III - —aa—( DDIIECIDRExnwsaN) -� .�PKWY O y O N CONCEPTUAL DEVELOPMENT PLAN — I LaTEX - --- -- -- INVESTORS,L.P. 81.20 ACRES ZONED R—S y y 4-a / \ Q. EXHIBIT "C" 0 CONCEPTUAL SITE PLAN TO ACCOMPANY SPECIFIC USE PERMIT APPLICATION -d NOTES: FOR SITE PLAN 1) WATER, SANITARY SEWER, TELEPHONE, ELECTRICAL A 10.0187 ACRE TRACT PHASE ONE _ SERVICE, GAS, ETC. ARE AVAILABLE TO THIS SITE SANCTUARY/OFFICE/ETC O AS A PART OF THE CONSTRUCTION OF POINTE' OUT OF ROOF HEIGHT(MAX)-35' M PARKWAY(HIGHLANDS POINTE'SUB'D). THE W. DIKES SURVEY, ABS. N0. 17 TOTAL AREA-15,000 SF cd 2) LANDSCAPING, SIGNAG& LIGHTING, AND SCREENING LOCATED IN TOTAL PARKING-324 SPCS .v REQUIREMENTS WILL COMPLY WRH APPLICABLE HOC PARKING-10 SPACE 1 ZONING ORDINANCE REGUfA77ONS. BEAUMONT, JEFFERSON COUNTY, TEXAS o 64 A-4 APPLICANT: EXHIBIT PREPARED BY: x CHRISTIAN FELLOWSHIP Carrog& WORSHIP. CENTER, INC. laclTv-w' 3120 P�Rn1 Soea P.O. BOX 5759 »G B.a"n-4 r 7MI BEAUMONT, TEXAS 77726-5759 DATE:NNE 3006 DWG BY:J.PAM 3 July 25, 2006 Consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel Cit y of Beaumont Council Agenda Item OL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel RECOMMENDATION The Administration recommends denial of the request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel. BACKGROUND On April 10,2006,the Historic Commission denied a request for a certificate of appropriateness that would allow the colors that Conni Rogers painted her house. The main body of the house and the trim were painted two shades of blue. No certificate of appropriateness was applied for or approved prior to painting the house. Sec. 30-21.2 of the Zoning Ordiance states that property owners shall use a dominant color that complies with the officially adopted Acceptable Color Range. Any dominant color that is not within the officially adopted Acceptable Color Range must be reviewed and approved by the Historic Landmark Commission based upon their appropriateness to and compatibility with the structure, blockface and the historic district. Ms.Rogers states that she had the two shades of blue in mind for well over a year and was not aware that the colors were inappropriate with the Historic District guidelines. She says that she is financially unable to repaint the house. At the May 16, 2006 City Council appeal hearing, Virginia Jordan, the President of the Old Town Neighborhood Association, stated that the Association felt that some sort of compromise could be worked out which would be satisfactory to all involved. An anonymous donor was willing to contribute up to $200.00 to help defray costs. The item was tabled pending further discussions between the parties. Members of the Old Town Neighborhood Association agreed to paint the house for Ms. Rogers. Ms. Rogers picked out a trim color that was approved by staff and a crew was scheduled to paint on Saturday, July 15. On Monday,July 17,staff was informed by e-mail from Ms.Jordan that Ms.Rogers forbid the crew from painting any thing more than the trim on the front of the house. Therefore,the house is not in compliance with Sec. 30-21.2 of the Zoning Ordinance. BUDGETARY IMPACT None. PREVIOUS ACTION At a regular meeting held April 10, 2006, the Historic Landmark Commission voted 8:0:1 to deny the paint colors. At a regular meeting held May 16, 2006, the City Council voted 7:0 to table the appeal. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director and the Planning Manager. "07/16/2005 09:37 PM Ralph Jordan" To: <srichardson @ci.beaumont.tx.us> <rjordan @gt.rr.com> cc: <virginia.jordan @total.com> Subject: Reporting in on Hazel Blue House Paint effort 7/15/06 1 thought it important for you to hear how things went when we assembled to re-paint the trim on the Rogers house this Saturday. Ralph and I purchased 4 gallons of paint, that was selected by Ms. Rogers, as well as several painting tools to prepare for the job. We hoped all the while for a decent showing of neighbors to help make the painting less of a chore. Saturday, just before 8:30 am, we met at the house with brushes and ladders in hand. About a dozen well-meaning folks showed up, taking time out from the numerous tasks at their own homes. Doctors, geologists, lawyers, designers, industry supervisors, city employees, and stock brokers comprised the motley crew. Bless them! Ms. Rogers met us in the driveway, exhibiting a tremendous amount of hostility. She had the digital photo Adina provided in hand and proceeded to inform us that the only trim we were painting on her house was the white on the enhanced photo......and not one dab more. Her lawyer had advised her that that's all she had to allow (?). She thought that meant the trim along the front......nothing down the sides, or across the carport. We tried to convince her that anything seen from the street should be painted. We weren't successful. She was incredibly rude and berated us continually. We decided to only do what she was willing to let us do ------using paint she selected, remember......and completing a job that she agreed to in your office. Ms. Rogers further said her real estate agent had called and apologized to her for not telling her about the neighborhood ordinances. Long time Oaks resident and supporter, Marc McDonald, sold her the house and reportedly told her about the historic district's ordinances. He even gave her a lawn mower and edger to help her keep up her yard.... She asked us repeatedly if we wanted to buy the house. She even left at one point - to purchase For Sale signs, she said. We painted what little we could. It looks perfectly ridiculous and does not comply with the agreement with her to paint the trim on her house a light color of her choice. We were harassed and belittled. She treated our group miserably.....This is the same group that was willing to volunteer time and money to help her comply with the compromise reached with P&Z, after she had bypassed the ordinances. It would have looked decent- if we had been allowed to actually paint the trim including all the front and sides, at the very least.....and window frames, etc. The dark blue works as an accent if left on the shutters and front door, perhaps. But that can only be accomplished through intervention on your part to make sure that the compromise is carried out. If that is not done, we have been left hanging by this process and all involved in it. If we are not committed to following through to see that rules are followed after decisions are handed down, the process is worthless and we have been grievously misled. All in all - this was a good lesson - It's true that "no good deed goes unpunished." We've learned a lot. Perhaps you have also. We now look to you to compel Ms. Rogers to complete painting the trim on that house. We have furnished the paint - offered the labor at one point but never again. When the cry comes back that she can't afford to re-paint, please remember that she has approximately 3 gallons of free trim paint that she selected. She should only need a 1/2 gallon at the most. As far as the cost of the labor to do the job...... I suggest she be encouraged to climb a ladder and do it herself. We do........ and we did ---on her behalf. We did not consider ourselves too good to do her handiwork - It was all in the spirit of supporting our neighborhood. At least - we enjoyed each other.....and finally the absurdity of the whole fiasco. Please let us know what you intend to do. We've all been bam-boozled....and it shouldn't stop here. The ball is in your court. Virginia Jordan, President Oaks Historic District Neighborhood Association ORDINANCE NO. ENTITLED AN ORDINANCE TO APPEAL THE DECISION OF THE HISTORIC LANDMARK COMMISSION FOR THE PROPERTY LOCATED AT 2270 HAZEL STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Conni Rogers made a request for a certificate of appropriateness to allow certain paint colors on her house located at 2270 Hazel Street, Beaumont, Jefferson County, Texas; and, WHEREAS, after conducting a public hearing and hearing the evidence concerning the application, the Historic Landmark Commission voted to deny the request; and, WHEREAS, pursuant to the ordinances of the City of Beaumont, the applicant, Conni Rogers, has filed an appeal of the decision of the Commission to the City Council for the City of Beaumont. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Council considered the request of Conni Rogers for an appeal of the decision of the Historic Landmark Commission denying a certificate of appropriateness to allow the paint colors to remain on her house located at 2270 Hazel Street, Beaumont, Texas. The Council after considering the request, the evidence provided in support of the request and the staff response finds and determines that the request should be granted/denied. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - 4 July 25, 2006 Consider a request for an appeal of the decision of the Historic Landmark Commission on the denial of a carport at 2501 Hazel MAW City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of a carport at 2501 Hazel. RECOMMENDATION The Administration recommends approval of the appeal subject to the following conditions: The existing carport will be moved off of the right-of-way. The carport will be setback a minimum of ten(10) feet from the property line on 9' St. and sit parallel to the street. A minimum(6)foot tall wood screening fence will be constructed along the east and north sides of the carport to provide screening. BACKGROUND On April 10,2006,the Historic Commission denied a request for a certificate of appropriateness that would allow the carport that was constructed at 2501 Hazel. No certificate of appropriateness was applied for or approved prior to building the carport. Section 30-21.2 of the Zoning Ordinance states that accessory buildings must be compatible with the scale,shape,roof form,materials,detailing and color ofthe building. This carport does not meet these requirements and is clearly seen from the street. In addition,the carport is extending into the right-of-way. At the May 16, 2006 City Council appeal hearing, Virginia Jordan, the President of the Old Town Neighborhood Association, stated that the Association felt that some sort of compromise could be worked out which would be satisfactory to all involved. The item was tabled pending further discussions between the parties. The Neighborhood Association submitted to staff a suggestion that they would be agreeable to. This suggestion was agreed upon by Ms. Sharpton and staff. BUDGETARY IMPACT None. PREVIOUS ACTION At a regular meeting held April 10, 2006, the Historic Landmark Commission voted 9:0 to deny the carport. At a regular meeting held May 16,2006,the City Council voted 7:0 to table the appeal. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and the Planning Manager. . f d n N O N� � N CA,eP0A7- I i�3e Mi,✓. 0 ,— 4' fti 0 The existing carport will be moved off of the right-of-way. Z The carport will be setback a minimum of ten(10) feet from the property line on 9' /v TS St. and sit parallel to the street. A minimum(6)foot tall wood screening fence will be constructed along the east and north sides of the carport to provide screening. ORDINANCE NO. ENTITLED AN ORDINANCE TO APPEAL THE DECISION OF THE HISTORIC LANDMARK COMMISSION FOR THE PROPERTY LOCATED AT 2501 HAZEL STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Yvonne Sharpton made a request for a certificate of appropriateness to allow a pre-fab metal carport/storage building for property located at 2501 Hazel Street, Beaumont, Jefferson County, Texas; and, WHEREAS, after conducting a public hearing and hearing the evidence concerning the application, the Historic Landmark Commission voted to deny the request; and, WHEREAS, pursuant to the ordinances of the City of Beaumont, the applicant, Yvonne Sharpton, has filed an appeal of the decision of the Commission to the City Council for the City of Beaumont. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Council considered the request of Yvonne Sharpton for an appeal of the decision of the Historic Landmark Commission to deny a certificate of appropriateness to allow a pre-fab carport/storage building on property located at 2501 Hazel in Beaumont, Texas. The Council, after considering the request, the evidence provided in support of the request and the staff response finds and determines that the request should be granted subject to compliance with the following conditions: The will be moved off of the right-of-way. The carport will be setback a minimum of ten (10)feet from the property line on 9th St. and sit parallel to the street. A minimum (6) foot tall wood screening fence will be constructed along the east and north sides of the carport to provide screening. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - 5 July 25, 2006 Consider a request for a historic preservation loan for repairs to the home at 2223 North Cit y of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for a historic preservation loan for repairs to the home at 2223 North. RECOMMENDATION The Administration recommends approval of the request for a historic preservation loan for repairs to the home at 2223 North. BACKGROUND Dale and Nathalie Hallmark have applied for an historic preservation loan for work to be done to the foundation of their house at 2223 North. The Hallmarks state that the work will involve leveling the house, straightening all crooked blocks, installing twelve new concrete blocks and bases and installing termite shields. The loan amount is $3,200. Monthly payments would be$133.33 for twenty-four months. BUDGETARY IMPACT The Historic Preservation Loan program is funded with CDBG money. Currently,there is$42,000 in the Preservation Loan Account. PREVIOUS ACTION At a Regular Meeting held July 10,2006,the Historic Landmark Commission voted 7:0 to approve the historic preservation loan for repairs to the home at 2223 North. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Finance Officer, Planning Manager. GUIDRY'S HOUSE LEVELING 3615 Westmoreland Street Business (409) 840-5596 Beaumont, Texas 77705 Home (409) 842-4674 Date: May 2, 2006 Pager (409) 841-9919 Proposal Proposal Submitted To Work To Be Performed At Name Mrs. Hallmark Name Mrs. Hallmark Street 2223 North St. Street 2223 North St. City Beaumont, Texas 77701 City Beaumont, Texas 77701 Telephone No. 833-1746 790-1977 Telephone No. 833-1746 790-1977 We hereby propose to furnish all the materials and perform all the labor necessary for completion of Not responsible for any damages that may occur during leveling. Level house from highest grade Straighten all crooked blocks due to shifting Install termite Shields as needed. Install 12 ea. 4xl6xl6 concrete bases Install 12 ea. 8x8x12 concrete blocks All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a workman like manner for the sum of Thirty Two Hundred Dollars ($3200.00), with payments to be made as follows: ($1400.00)when work has started and($1800.00) upon completion. Make PayMents To J. J. Guidry ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date '�/'�1 At Signature � l RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve a historic preservation loan from the Historic Preservation Loan Fund in the amount of $3,200 to Dale and Nathalie Hallmark for renovation of the residence at 2223 North, Beaumont, Texas. The work consists of: leveling the house; straightening all crooked blocks => installing twelve new concrete blocks and bases; and E:> installing termite shields. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - • 6 July 25, 2006 Consider a request to abandon a 6'x 85' portion of a 15'wide utility easement along the rear of the property at 1920 Edson • • 1 City of Beaumont UP., Council g it A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request to abandon a 6'x 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson. RECOMMENDATION The Administration recommends approval of the request to abandon a 6'x 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson. BACKGROUND Mr.and Mrs.David Truax are requesting the abandonment of the west 6'of a 15'utility easement that runs along the rear of their property at 1920 Edson. The Truax's wish to install a swimming pool in their backyard. This item was sent to all interested parties. No negative responses were received. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held July 17, 2006,the Planning Commission voted 5:0 to approve a request to abandon a 6' x 85'portion of a 15' wide utility easement along the rear of the property at 1920 Edson. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 6' X 85' PORTION OF A 15' WIDE UTILITY EASEMENT LOCATED ALONG THE REAR OF THE PROPERTYAT 1920 EDSON IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 6'X 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson, being the west 6 feet x 85 feet of the 15 foot utility easement along the rear of Lot 28 and the south 5 feet of Lot 29, Block 1, Tall Timbers Addition, City of Beaumont, Jefferson County,Texas, containing 0.011 acres, more or less, as described on Exhibit"A" attached hereto, be and the same are hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - t $ JJ6 �! is f /bzsi `:ee n C T 6 If /0 File 694-OB: Request for the abandonment of 6' of a 15' utility easement. NORTH Location: 1920 Edson /s Applicant: Carl Wood . .r. SCALE 1"=200'" 1 � itJ Q e LANE i/J O /?0 6YJ' 0 1 ti P J60 43 }k t Y ? n ! "IN ' C� h Y ;4loDD ? io /o0 JIB se a C lJ 1 Olt h 130 w p / t/ad 7 k t 0 REGINA LN. $ so 90,0 AM J71 Vd`50 LAN its e jo 'Z� A ` A e w p _. jo ANE j � U1 y f U)` i7 a so Q is 1A O. t" Y to n � W es % C it �! p 1/19 / " 03 AM h so 4 1 $ 1. a Me 4 61 „t EXHIBIT "A" • 7 July 25, 2006 Consider authorizing the City Manager to execute a contract for the Wiess Bluff Pump Station Neches River Bank Stabilization Project Bea umont City of Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hann J. Tohme,Water Utilities Director MEETING DATE: July 25,2006 AGENDA MEMO DATE: July 19, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Wiess Bluff Pump Station Neches River Bank Stabilization Project. RECOMMENDATION Administration recommends approval of a contract with Laughlin Thyssen,LTD.,Houston,Texas,in the amount of$917,000.00 for the construction of the Proposed Wiess Bluff Pump Station Neches River Bank Stabilization Project.The project will stabilize 340 linear feet of river bank by installing geotextile fabric and rock rip-rap. Additionally, supports for the intake pipes will be installed with location bouys. The MBE goal will be met through subcontracts with the certified MBE firm of J and P Trucking for a total amount of$96,525.00. This amount represents 10.53 percent of the total bid. BACKGROUND The proposed improvements will protect the raw water pump station used during drought conditions.The primary raw water intake is at Bunn's Bluff. However, during drought conditions the water level drops lower than the intake pipe level. During such occurances,the intake at Wiess Bluff becomes the primary inlet for the raw water source.The proposed improvements will stabilize the Neches River bank damaged during Hurricane Rita to protect the emergency raw water source. BUDGETARY IMPACT Funds for the project are available in the Capital Program. The majority of the funds for the project are available in the form of a 75 0/o/25%grant by National Resource Conservation Service. Resolution 06-024 was passed by City Council on January 24, 2006 accepting the grant in the amount of$1,500,000.00. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. BID TABULATION WIESS BLUFF PUMP STATION NECHES RIVER BANK STABILIZATION BID OPENING DATE: THURSDAY, July 13, 2006 @ 2:00 p.m. The Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate tabulation of the bids received By: /!�>r..._� -7x/3/6 Patrick Donart,EIT, Water Utilities Engineer Date:07/13106 LAUGHLIN THYSSEN,LTD. BRYSTAR ERS,INC. ITEM QUANTITY DESCRIPTION HOUSTON,TX CONTRACTING INC. JACKSON,MS NUMBER JOE LAUGHLIN BEAUMONT,TX. TODD ROBERTS BRYAN PHELPS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO.1 1 MOBILIZATION. $27,000.00 $27,000.00 $28,000.00 $28,000.00 $30,000.00 $30,000.00 ITEM NO.2 1 Clear and grub the area to receive rip-rap. $300,000.00 $300,000.00 $370,000.00 $370,000.00 $350,000.00 $350,000.00 ITEM NO.3 1 Furnish and Install pipe supports and bouys. $110,000.00 $110,000.00 $80,000.00 $80,000.00 $230,000.00 $230,000.00 ITEM NO.4 1 Furnish and Install geotextile fabric and rip-rap. $430,000.00 $430,000.00 $442,275.00 $442,275.00 $560,000.00 $560,000.00 ITEM NO.5 1 Demobilization and restore site to original $50,000.00 $50,000.00 $13,500.00 $13,500.00 $16,000.00 $16,000.00 condition. TOTAL $917,000.00 $933,775.00 $1,186,000.00 Pa*f 1 9 CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE Q D;uc of'Rc1)0rt I)chartmcnl Piojcct N0. EOcatiOn LAN GINA �to ,_ S&C—)'4,UPI�S. l o1al ('onlract lmuunt $ 91 Namc ol'l'rimc Conimctor'Pro1)0scr I YPI:(W WORK(EEECFRICAI.. PAVING. F IV.) PROIE( II U NAMI OI MINOItI fY AND CONTRACT I ITINS OR PARTS TI1FRI:OF CON1N11:N('I:VIIA I & ViR,1::ED I OI\ ADDRESS TO BI--' PERFORMED CO\1 IIT1:1 1ON DA 11:: 111v1W WE 1110 h! - .J t�i Rv c 1c I rs C� i3FAvmoN-t' '�'rto t bump i pw Ply S2-!S�°= I he undcr�i,,ncd \\ill cntcr into a formal aurccmcnt kith MBE Contractors fur Ncork hstcd in this schc(I11lc cunditioncd 111)011 cWcu6011 01'a Colman ith the l'It '13caum0nt. N I I. aily husiII listed ah0vc must haNc Schcdulc A on liIc\Nith the Cite. "L 11" lUlc( is to he i tic]udcd kith bid.and resuhmittcd at JIl"o and 100 of hrujcct com1)1cti0n. Si& urc I itic ,7 RESOLUTION NO. WHEREAS, bids were received for a contract for the construction of the Proposed Wiess Bluff Pump Station Neches River Bank Stabilization Project; and, WHEREAS, Laughlin Thyssen, LTD, Houston,Texas,submitted a bid in the amount shown of$917,000; and, WHEREAS, City Council is of the opinion that the bid submitted by Laughlin Thyssen, LTD, Houston, Texas, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Laughlin Thyssen, LTD, Houston, Texas, in the amount of $917,000 for the construction of the Proposed Wiess Bluff Pump Station Neches River Bank Stabilization Project be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - 8 July 25, 2006 Consider approving a payment for emergency recovery services • City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 14, 2006 REQUESTED ACTION: Council approval of the payment for emergency recovery services. RECOMMENDATION Administration recommends the approval of a payment to Belfor USA of Houston in the amount of $710,645.41 for emergency recovery services at the Julie Rogers Theatre and Tyrrell Historical Library. BACKGROUND Both the Julie Rogers Theatre and the Tyrrell Historical Library suffered water intrusion as a result of Hurricane Rita. Representatives of Crum and Forster,our primary insurance company, contacted Belfor USA, a company that specializes in water extraction and moisture control, and asked that its services be instituted as soon as possible, so that the water damage could be stopped and brought under control. The City worked in cooperation with the insurance company because it was in our mutual interest to get this matter under control as quickly as possible. Additionally, these services were to be paid for by the insurance company. Belfor was on site from September 29 to December 6, 2005. The obligation to make this payment transferred from Crum and Forster to the City when the insurance company decided to end its participation, and the City received the full $5,000,000 that Crum and Forester had at risk under its policy. The City's other insurance companies have agreed that Belfor's services were necessary and appropriate. Belfor has not presented the City with a final payment request. The Houston office has indicated that there are a minimal amount of additional charges that will not be billed until the final insurance settlement has been approved. Belfor USA July 14, 2006 Page 2 BUDGETARY IMPACT Funds for this project are available from insurance proceeds. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves payment in the amount of$710,645.41 to Belfor USA, Houston, Texas, for emergency recovery services from Hurricane Rita at the Julie Rogers Theatre and Tyrrell Historical Library. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - s 9 July 25, 2006 Consider approving an ordinance declaring the structure at 439 Crockett as a dilapidated structure and order that it be razed City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: June 20, 2006 REQUESTED ACTION: Council consider an ordinance declaring the structure at 439 Crockett as a dilapidated structure and order that it be razed. RECOMIkIENDATION Administration recommends Council consider an ordinance declaring the structure at 439 Crockett as a dangerous structure and order that it be razed. BACKGROUND On June 6, 2002, City Council approved a condemnation order for the structure at 439 Crockett Street. This order was an amendment of a July 31, 2001 order, which allowed the new owner or owners an opportunity to enroll in a work program. The new owner never entered into a work program. Since 2002, the property has changed owners on several occasions with no work being performed on the structure. Additionally, the structure sustained extensive damage as a result of Hurricane Rita. The hurricane damage, coupled with the condition of the building prior to the hurricane,does not make it suitable for repair and/or rehabilitation. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION Council approved condemnation orders in July 2001 and June 2002. The structure has been enrolled in one work program. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Building Official ORDINANCE NO. ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 439 CROCKETT TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the building located at 439 Crockett to be a public nuisance in that said building violates Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and is for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the building located at 439 Crockett demolish and remove said structure_within_ten (1-0)--days of the effective date of-this-ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. 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 any person who violated any provision of this ordinance shall,upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE August 23, 2003 WARD 3 ADDRESS OF INSPECTION 439 Crockett(Commercial) OWNER Crockett St. Development LTD c/o Tom Flanagan ADDRESS 490 Park St. Ste. 200 CITY/STATE (01)-2900 APPRAISAL VALUE Land Value 37500 Improvement Value 51550 Total Value 89050 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X Previous owner A Enrolled in Work Repair Program? YES X NO 01/31/02 thru 05/31/02 MAJOR CODE VIOLATIONS: This is a commercial two story structure. The roof is severely damaged and for the most part is either collapsing or missing This structure has extensive water damage and rot. All of the glass has been broken or blown out from the storm This structure had significant deterioration prior to Hurricane Rita. The storm only worsened the condition making this a ve!3 danggrous structure. The structure's windows and doors that have glass remaining are in a condition that could cause a great danger to anyone who may enter the building The exterior walls also sustained considerable damage from the storm. The interior flooring, ceilings and walls are damaged and will need to be repaired All electrical wiring and electrical fixtures will need to be replaced All plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • y, t ff o �g 2 <, e i • h v 0 age Rol • 439 CROCKETT & 400 ORLEANS r- 3 +t;... T k ; s k i , y � R .q t NOW w T w r *: f w tfi � r r y � . ",.u; a t i W a x iO • t w r` N -w �. +� k '��� 4'y ."�♦ 'sir � iF y�. �ar b x imm- >. 111 = 1�111 7 400 ORLEANS & 439 CROCKETT SIDE VIEW FROM CROCKETT ST. ll x X10 y F .T S. oo REAR VIEW FROM REAR PARKING LOT Y t • m 1 a r .k � 3gg A mw X46. w ` r s � III � m p. _ N w v v � p ' 10 July 25, 2006 Consider approving an ordinance declaring the structure at 1435 Broadway as a dilapidated structure and order that it be razed or repaired P.. City of Beaumont �• Council Agenda Item 'M c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: June 29, 2006 REQUESTED ACTION: Council consider an ordinance declaring the structure at 1435 Broadway as a dilapidated structure and order that it be razed or repaired. RECOMMENDATION Administration recommends Council consider an ordinance declaring the structure at 1435 Broadway as a dangerous structure and order that it be razed or repaired. BACKGROUND In February 2005, the structure at 1435 Broadway was presented to City Council for a condemnation order. The property owner appeared before Council and requested that structures having historical significance be allowed additional time to complete repairs. As a result of this request, no action was taken on this property. On March 22,2005, City Council approved an ordinance adding a new section to identify structures which have been tagged as a dangerous structure,as having historical significance and providing time frames for their repair and/or rehabilitation. The zoning for the property at 1435 Broadway was established as an HC- L (Historical-Cultural Landmark Preservation) Designation by City Council on June 7, 2005. On June 7,2005, the property owner entered into a work program that provided a one-year time frame for substantial completion of the structure and an additional one-year period to receive the Certificate of Occupancy. The Building Codes Division was contacted by the owner on June 15,2006,-requesting additional time to complete the required repairs for the work program. The property owner indicated that he has been unable to continue with repairs due to Hurricane Rita. Failure to complete substantial repairs prior to the one-year period would allow the City to demolish the structure without any further notification to the property owner. During preparation of a request to extend the time frame, it was determined that there was not a condemnation order for this structure. In order to provide proper notice to the property owner and a legally binding condemnation order, it will be necessary for City Council to approve a condemnation order for the structure at 1435 Broadway. Upon approval of the condemnation order, the property owner will be required to enter into a new work program in which he will have one year to complete substantial repairs and one additional year to obtain the Certificate of Occupancy. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION Council approved the HC-L Designation on June 7, 2006. The structure has been enrolled in eight (8) work programs. SUBSEQUENT ACTION Property owner will be required to enter into a work program within ten (10) days after Council action. RECOMMENDED BY City Manager, Public Works Director and Building Official Broadway 1435CondemnationOrder.wpd June 29,2006 ORDINANCE NO. ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 1435 BROADWAY TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the building located at 1435 Broadway to be a public nuisance in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont,Texas, it is hereby ordered that the property owner(s) of the building located at 1435 Broadway execute a work program with the City within ten (10) days of the effective date of this ordinance and either demolish or have completed substantial repairs within one year from the date of the execution of the work order and one additional year to receive a Certificate of Occupancy. Should the owner(s)fail to execute a work program as ordered or fail to obtain substantial completion as defined in the work program, within one year from the initiating date of the work program, Council hereby orders that the property be demolished without further notification to the property owner(s) or City Council action. Section 3. If the property owner requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan executed prior to the enrollment of the property in the work program. Section 4. 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 5. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. Mayor Guy N. Goodson - SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE September 20, 1991 WARD 3 ADDRESS OF INSPECTION 1435 Broadway OWNER Mark W Bergeron ADDRESS 3730 Evalon CITY/STATE�06�-4723 APPRAISAL VALUE Land Value 5650 Improvement Value 3820 Total Value 9470 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Program? YES X NO 08/18/92 thru 1VIM2 07/12/95 thru 11/12/95 Extended untll 06/30/96 03%03197 thru'07/03/97 OMID7 thru-11/21/97 07!19!99 thru 11119/99 10/09/00 thru 02/09/01 06/20/05 thru 06/20107 MAJOR CODE VIOLATIONS: The structure has a new roof. It was not damaged by Hurricane Rita. The structure did sustain a small amount of damage from Rita. Most of the windows have all the glass broken out The exterior siding is being changed but has not been completed. Some painting of the exterior has been done but not completed Exterior doors still need to be replaced. There is evidence of termite damage but on the day of the last inspection there was an exterminator at the structure. Structure still has a lot of work not completed in the interior. No electrical permit or plumbing permits have been purchased. No electrical work other than a temporary electrical pole that supplies the alarm system has been completed. A small amount of the rough-in plumbing has been completed but nothing else. The structure is secured and being maintained The structure is very near the dry-in stage. SEE ATTACHED PHOTOS �.-�,, , ��� .,. .' x�», r �.., ��,� -n.-,...., a ♦�� ; �� ✓' �-, �.,. ,:. .�, .... ,..,. �.", .Ma-.. �,. .,,. .. r. t �. „� � �• ., �. ,. • .. � e .� ,. .. �.. .� �, ., �., �� .. -" � R u„p v•� . '.. y t � a ... .m. s; <. � w* s ��.�. '� . � _ y �. `� .r �" ;: L7� ( 7 i".G+�'� to t Y d � e t i F VAR . 1. • v" 07.1 y w1 , 2 �Y , , . \ .� . . � : \} : \\ ° � � � @� � � « � � m � »?2 :.:y>> � m . y . : �?w. . � \ � . . » «.�� � � � � ��». � 22 5ƒ«- � ��,r .: � � � � � � � w��». w:�y . � a a. ^ 2 \ ° < � � � % . , , � �\ ! . � �\�\� : . � . \\ � }��� �\�« � \ :�� y. x ® « y y.:, �:�� . ° � 3;���w»«2i � \ ����j - . . : y> , \«:����. < 2^ . : . �} � § \��%� ? � a �s . s k .:d`�-1���k�� fir.•i v �+ EYW� fp Ty A �u .e • A T � � Aw a w t� g ft's a MRW H M _ i e S All a ism K -9 w s , T.i,,. WIA 10, K, Pry 4 x+rr w 4 � { � r ry k� A*'Il3, I�f• „ r I 5 �x { o Aft� iCs K F � ,• lk r • 11 July 25, 2006 PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program • City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: City Council,after conducting a public hearing,consider an ordinance to declare the following sixty-three (63) structures to be dangerous structures and order the owners to raze said structures within ten(10) days. If the property owner fails to comply within ten(10)days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally,if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has been established prior to the enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 2925 Amarillo 11. 3925 Congress Avenue (1) 2. 1545 Avenue B (Garage Apartment) 12. 2095 Corley (Garage) 3. 2393 Avenue D(Garage Apartment) 13. 3105 W. Crockett 4. 3037 Brenham 14. 520 E. Delaware 5. 2095 Cable Avenue (1) 15. 3230 Elinor 6. 2250 Cable Avenue (1) 16. 2210 Euclid 7. 855 Caldwell (1) 17. 1535 Evalon 8. 580 N. Circuit Drive 18. 11155 Fleming Lane 9. 2385 Clearview 19. 3895 Fonville Avenue (1) 10. 8345 College (Commercial) 20. 3945 Fonville Avenue (#� Indicates number of times structure has been enrolled in work program. Continued 21. 2370 Forrest 43. 2495 Magnolia(Commercial)Carwash 22. 4920 Forsythe 44. 3215 Magnolia(Metal Shed) 23. 850 S. a Street (Commercial) 45. 3477 Magnolia 24. 1760 Gladys 46. 280 Manning 25. 3280 Glenwood 47. 1062 McFaddin 26. 1190 Gulf 48. 5680 Mel Sha Lane 27. 665 Harriot (1) 49. 1285 North 28. 2870 Harriot(Garage Apartment) 50. 1335 Park(Commercial) 29. 4694 Hartel 51. 1315 Pipkin (1) 30. 3245 Highland (1) 52. 741 Prairie 31. 582 Hill 53. 3610 Robinson 32. 1110 Iowa (1) 54. 3755 Robinson 33. 1711 Irving(Commercial) 55. 3890 Robinson 34. 1945 Irving(Commercial&Rear Bldg. 56. 8215 San Bruno 35. 2057 Irving 57. 1025 Steve Drive 36. 2107 Irving(Commercial) 58. 1035 Steve Drive 37. 460 Jeanette 59. 220 Todd 38. 3206 Lampassas 60. 2501 Tyler(Rear Auxiliary Bldg) (1) 39. 1575 LaSalle 61. 1016 Victoria 40. 1615 LaSalle 62. 2840 Willard 41. 1250-60 Madison Avenue 63. 4010 Willie Mae 42. 3350 Maida Road (#) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends City Council condemn these sixty-three (63) structures and order the owner to raze within ten(10)days. Additionally,if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has been established prior to the enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. BACKGROUND It has been determined that these structures meet the definition of a dangerous structure and have deteriorated to a condition that they are no longer considered suitable for repair. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION These structures have been inspected by the Building Codes Division and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Building Codes Division will demolish or cause to be demolished said structures. RECOMMENDED BY City Manager,Public Works Director and Building Official. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 2925 Amarillo 33. 1711 Irvin Commercial 1545 Avenue B (Garage Apartment) 34. 1945 Irvin Commercial & Rear Bldg. 2393 Avenue D (Garage Apartment) 5. 2057 Irvin 3037 Brenham 36. 2107 Irvin Commercial 2095 Cable Avenue 37. 460 Jeanette 2250 Cable Avenue 38. 3206 Lam assas 855 Caldwell 39. 1575 LaSalle 580 N. Circuit Drive 40. 1615 LaSalle 2385 Clearview 41. 1250-60 Madison Avenue 10. 8345 College (Commercial) 42. 3350 Maida Road 11. 3925 Congress Avenue 43. 2495 Ma nolia Commercial Carwash 12. 2095 Corley (Garage) 44. 3215 Magnolia Metal Shed 13. 3105 W. Crockett 45. 3477 Magnolia 14. 520 E. Delaware 46. 280 Manning 15. 3230 Elinor 47. 1062 McFaddin 16. 2210 Euclid 48. 5680 Mel Sha Lane 17. 1535 Evalon 49. 1285 North 18. 11155 F1 ming Lane 50. 1335 Park Commercial 19. 3895 Fonville Avenue 51. 1315 Pi kin 0. 3945 Fonville Avenue 52. 741 Prairie 1. 2370 Forrest 53. 3610 Robinson 2. 4920 Forsythe 54. 3755 Robinson 3. 850 S. 41n Street Commercial 55. 3890 Robinson 4. 1760 Gladys 56. 8215 San Bruno 5. 3280 Glenwood 159.7. 1025 Steve Drive 6. 1190 Gulf 8. 1035 Steve Drive 7. 665 Harriot 220 Todd 8. 2870 Harriot(Garage Apartment) 0. 2501 Tyler Rear Auxiliary Bldg) 9. 4694 Hartel 1. 1016 Victoria 0. 3245 Highland 2. 2840 Willard 1. 582 Hill 3. 4010 Willie Mae 32. 1110 Iowa to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. 1. 2925 Amarillo 33. 1711 Irvin Commercial 2. 1545 Avenue B (Garage Apartment) 34. 1945 Irvin Commercial & Rear Bldg. 3. 2393 Avenue D (Garage Apartment) 35. 2057 Irvin 4. 3037 Brenham 36. 2107 Irvin Commercial 2095 Cable Avenue 37. 460 Jeanette 2250 Cable Avenue 38. 3206 Lam assas 855 Caldwell 39. 1575 LaSalle 580 N. Circuit Drive 40. 1615 LaSalle 2385 Clearview 41. 1250-60 Madison Avenue 10. 8345 College (Commercial) 42. 3350 Maida Road 11. 3925 Congress Avenue 43. 2495 Magnolia Commercial Carwash 12. 2095 Corley (Garage) 44. 3215 Magnolia Metal Shed 13. 3105 W. Crockett 45. 3477 Magnolia 14. 520 E. Delaware 46. 280 Manning 15. 3230 Elinor 47. 1062 McFaddin 16. 2210 Euclid 48. 5680 Mel Sha Lane 17. 1535 Evalon 49. 1285 North 18. 11155 Fleming Lane 50. 1335 Park Commercial 19. 3895 Fonville Avenue 51. 1315 Pi kin 0. 3945 Fonville Avenue 52. 741 Prairie 1. 2370 Forrest 53. 3610 Robinson 2. 4920 Forsythe 54. 3755 Robinson 3. 850 S. 41n Street Commercial 55. 3890 Robinson 4. 1760 Gladys 56. 8215 San Bruno 5. 3280 Glenwood 57. 1025 Steve Drive 6. 1190 Gulf 58. 1035 Steve Drive 7. 665 Harriot 59. 220 Todd 8. 2870 Harriot(Garage Apartment) 0. 2501 T ler Rear Auxiliary Bldg) 9. 4694 Hartel 1. 1016 Victoria 30. 3245 Highland 2. 2840 Willard 1. 582 Hill 3. 4010 Willie Mae 32. 1110 Iowa Annual Contract for Work Uniforms July 19, 2006 Page 3 BUDGETARY IMPACT Funds for uniforms are budgeted in each Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, bids were received for an annual contract for the purchase of civilian employee work uniforms; and, WHEREAS, Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, submitted a bid in the unit amounts shown below: Estimated yearly Quantity Description Unit Price Total Price 600 en's Long Sleeve Shirts $9.95 $5,970.00 600 en's Short Sleeve Shirts $8.95 $5,370.00 125 omen's Long Sleeve Shirts $11.00 $1,375.00 90 omen's Short Sleeve Shirts $8.60 $774.00 20 Icenim en's Button Down Oxford US Shirt $13.95 $279.00 40 en's Button Down Oxford S/S Shirt $12.25 $490.00 700 en's Pants/Regular Style $13.25 $9,275.00 200 en's Pants/Jean Cut Style $14.50 $2,900.00 150 omen's Pants $14.95 $2,242.50 20 en's Pleated Slacks $16.20 $324.00 20 en's Traditional Work Pants $13.40 $268.00 50 Jeans $16.00 $800.00 200 Jackets $23.99 $4,798.00 20 Feam Jackets $32.50 $650.00 100 on Sleeve Coverall $19.50 $1,950.00 75 3hort Sleeve Coverall $27.50 $2,062.50 125 a s $7.00 $875.00 2000 ity of Beaumont Emblems $1.50 $3,000.00 90 ivic Center Emblems $1.50 $135.00 TOTAL ESTIMATED ANNUAL EXPENSE: $43,538.00 and, WHEREAS, City Council is of the opinion that the bid submitted by Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Shepherd's Uniform and Linen Supply Company, Inc., Beaumont, Texas, for an annual contract in the estimated amount of $43,538 for the purchase of civilian employee work uniforms be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - c City of Beau mont Council Agenda Item EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to approve a License Agreement with the Crockett Street District dba Downtown Productions, L.L.C., for a one (1) year term. RECOMMENDATION Administration recommends approval of the License Agreement. BACKGROUND The City of Beaumont continues in its campaign to promote business development in the downtown area and provide an aesthetically-pleasing environment for patrons from the community. The City of Beaumont and Crockett Street Development participated in a private/public partnership to develop Crockett Street. The City was responsible for paving, sidewalk and lighting improvements on Crockett Street. In June 2003, the City entered into a License Agreement with Crockett Street Development. The agreement provided exclusive use of the Crockett Street right-of-way from Main to Pearl Streets. Under the terms of the proposed license, Downtown Productions may limit vehicular and pedestrian traffic to this section of Crockett Street. In return for this exclusive license, Downtown Productions agrees to provide the City with written notice thirty (30) days in advance of any planned entertainment event, in order to limit pedestrian access. The license requires a payment to City of ten percent (10%) of gross receipts for admission for all "for profit" events. There is not a required fee for "non-profit" events; however, the notifications requirements are the same. Crockett Street License Agreement Renewal July 18, 2006 Page 2 Additionally, the maintenance of the infrastructure on Crockett Street from Main to Pearl Streets will be the responsibility of Downtown Productions. Also included in the license is an indemnification clause and the requirements for insurance with the City as a name insured. Should the one(1)year term expire, the license will continue from month-to-month until such date as it is renewed by City Council. A copy of the License Agreement in its substantial form is attached for your review. BUDGETARY IMPACT The City has received $29,799.80 since June 2003 as a result of the 10% fee. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one(1)year License Agreement with Crockett Street District d/b/a Downtown Productions, L.L.C. for the use of the Crockett Street right-of-way from Main to Pearl Streets. The License Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. Mayor Guy N. Goodson - LICENSE STATE OF TEXAS § ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § On the date last indicated below, the City of Beaumont, a municipal corporation of Beaumont, Jefferson County, Texas, (hereinafter called "Licensor"), and Crockett Street District, by and through Downtown Productions, L.L.C., (hereinafter called "Licensee"), contract and agree asset forth herein. Licensee desires an exclusive license from Licensor to use the real property the subject of this License Agreement described as follows: Crockett Street right-of-way between Main and Pearl Streets(herein"Licensed Premises"). Licensee may limit vehicular access to the Licensed Premises, but may not limit pedestrian access at any time except as follows: Should Licensee desire to limit pedestrian access to the Licensed Premises, they must first provide Licensor with thirty (30) days advance written notice of its intention to do so. If an admission charge is assessed or compensation is paid for use of the Licensed Premises and the event is a"for profit" event, Licensee shall pay to Licensor a fee of ten percent(10%)of the gross receipts for admission to the event. There shall be no fee for"non-profit" events, but Licensor shall still be given at least thirty (30)days notice as set out above. "Non-profit" event, as used in this License, means that 100% of the admission fee for the event is received by the organization for which the event is held and the organization is a charitable organization as defined by the Tax Code of the State of Texas, or the Internal Revenue Code of the United States. Licensee is to provide Licensor with thirty(30)days advance written notice of the events planned for the Licensed Page 1 of 7 EXHIBIT `A' Premises. Should Licensee fail to comply with the notice and fee provisions of this paragraph,this License may be terminated immediately. Licensor shall be allowed to audit the financial records of"for profit"events to verify payment accuracy. Such audit will occur during normal business hours. Truck deliveries to the Crockett Street District will be limited to the Licensed Premises. No truck delivery will be made on either Main or Pearl Streets. Licensed Premises may continue to be occupied and used by Licensee solely in connection with the Crockett Street District and for incidental purposes related thereto during the term of this License or until termination thereof. Said License shall be for a term of one (1) year from and after the date of its approval by the City Council of Licensor. Should the one (1) year term expire, the license will continue from month to month until such date as it is renewed by the City Council. No permanent improvements shall be made upon the Licensed Premises without first obtaining the written consent of Licensor by and through its City Manager or his designee and providing a copy of the notice to Licensor in writing of how,when and to what extent such improvements are to be made. A copy of this License shall be attached to such notice. In the event Licensor, by Resolution of the City Council, determines there is a public need of the subject property or any part thereof,for the benefit of the Licensor or to protect the health, safety or welfare of the public, and it terminates this License or any part thereof, Licensee shall not receive any compensation and the Licensor shall not be liable therefor Page 2 of 7 whether for the value of the property taken, damage to the abutting or remaining property or improvements, loss of business or profit, loss of access, or otherwise. Licensee shall, at all times of use under this License, be liable for all liability and/or damage claims for injury or death of persons or property from any cause whatsoever relating to the occupancy of the premises by Licensee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the Licensed Premises, during the term of this License or any extension thereof. Licensee agrees to indemnify and save harmless Licensorfrom anyand all claims,causes of action,and damages of every kind for injury to or death of any person and damages to property arising out of the occupancy and use of Licensed Premises or the operations embraced by this License and including acts or omissions of Licensor in connection therewith. Licensee shall carry public liability and property damage insurance covering operations hazards, and including Licensee's obligations under the indemnification provision contained in this License (with a company acceptable to Licensor)with Licensor as a named insured in the sum of$1 million in the aggregate. Should Licensor determine at any time during the term of this License Agreement that the above coverage is inadequate, it shall notice Licensee in writing to increase the amount of such insurance so the same shall be adequate. The failure of Licensee to obtain said additional insurance within thirty (30) days of Licensor's request shall constitute a breach of this License. A copy of the original policy shall be filed with the City Clerk of City. Page 3 of 7 As part of the consideration for this License Agreement, Licensee shall pay to Licensor the sum of $10.00 (Ten and No/100 Dollars), said sum being non-refundable. Licensee recognizes that this License does not affect the use of the Licensed Premises by Licensor or any entity with a franchise to use City rights-of-way. This Agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date therein specified. This License is neither assignable nor transferrable except (1) in conjunction with and as part of Licensee's conveyance of all the abutting property and (2) occupancy and use of the Licensed Premises by a lessee leasing abutting property from Licensee(in which case Licensee is not relieved from its obligations owed to Licensor hereunder). This License survives through probate or warranty deed or lease. In any such event, other than lease of abutting property, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying the abutting property. This License shall include the right of Licensee to have balcony structures which extend into the Licensed Premises. Licensee shall be responsible for all maintenance,repair and upkeep of the Licensed Premises, including, but not limited to, brick pavers, decorative lighting, arches and lighting on arches and curbs. Any notice to Licensor shall be sufficient if it is mailed or hand-delivered to the Office of the City Manager, City of Beaumont, P. O. Box 3827, Beaumont, Texas, 77704. Any Page 4 of 7 notice to Licensee shall be sufficient if mailed or hand-delivered to Licensee at 555 Main Street, Beaumont, Texas, 77701. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day of , 2006. LICENSOR CITY OF BEAUMONT By: Kyle Hayes, City Manager LICENSEE CROCKETT STREET DISTRICT dba DOWNTOWN PRODUCTIONS, L.L.C. By: Jeff McCarson, President Downtown Productions, L.L.C. Page 5 of 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared KYLE HAYES, City Manager of the City of Beaumont, a municipal corporation of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the act and deed of the City of Beaumont. GIVEN under my hand and seal of office this the day of 2006. Notary Public in and for the State of Texas Page 6 of 7 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared JEFF McCARSON, President of Downtown Productions, L.L.C., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the Representative of Crockett Street District. GIVEN under my hand and seal of office this the day of , 2006. Notary Public in and for the State of Texas Page 7 of 7 D City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 13, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten (10) foot wide water line easement for fire hydrants across A-Mini Storage property at 575 Interstate 10 South. RECOMMENDATION James M. Dobson III, d.b.a. A-Mini Storage has agreed to convey a ten foot(10') wide water line easement to the City of Beaumont. The Water Line Easement crosses A-Mini Storage property at 575 Interstate 10 South and will serve fire hydrants on the property (Tract 28-K, Plat C-5, David Brown Survey, Abstract 5). Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOAEkIENDED BY City Manager and Public Works Director Engfire_a-mini-storage-ib.wpd 13 July,2006 RESOLUTION NO. WHEREAS,James M. Dobson III,d/b/a A-Mini Storage, has conveyed a ten-foot(10')wide Water Line Easement, as described on Exhibit "A" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services: Tract 28-K, Plat C-5, David Brown Survey, Abstract 5 and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by James M. Dobson 111, d/b/a A-Mini Storage, as described on Exhibit 'A" be and the same is hereby accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2006. - Mayor Guy N. Goodson - FAUST Engineering and Surveying, Inc. PROFESSIONAL ENGINEERS AND PRQ=10NAL SUEtVEYORS E-MAIL ADDRESS INFO @F.AUSTENG COF 1' TO-EPHONK(409)8]3,34]0 2525 CALDER STREET FAX(409)813-3484 BEAUMONT,TEXAS 77702 FIELD NOTE DESCRIPTION FOR A 0.07ACRE TRACT OUT OF THE DAVID BROWNSURVEY,ABSTRACTS BEAUMoNT,JEF'FER SON CoUNTY, TEXAS June 8,2006 THAT certain 0. :Texas, and 07 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, being out of that certain 2.14 acre tract of lasld-knofwn as Tract 28-K of the David . frown Survey; said 0.07 acre tract being more particularly described by metes and bounds as. follows: COMNMNCING at a concrete monument which marks the intersection.of the east line of Interstate Highway 1 Q-and the.north line of an 80.00 foot easement granted to Jefferson County Drainage District No. 6(DD6); THENCE North O1°31'50" West along the said east line of Interstate Highway 10,a distance_of 82.3 8 feet to t> a southwest corner of the said 0.07 acre tract and :being the POINT OF BEGINNING; THENCE continuing North 01°31'50" West along the said east line of Interstate Highway IQ, a distance of 10.00 feet to a.poini for the northwest corner of the said 0.07'acre tract; THENCE East, a distance of 299.34 feet to the northeast corne acre tract; r.of the said 0.07 THENCE South, a distance of 40.00 feet to the southeast comer of the said 0.07 acre tract; THENCE West,a distance'of 299.08 feet to the POINT OF BEGINNING, + t Richard F.Faust, Registered Professional Land �'' �S1' q:. �� � oFN Surveyor.No.4782 sZ •.+.:....,: , ...R� NAAD F FAUST <VP 4782 EXHIBIT"A"Page 1 of 2 S'ZJRV \\Server\documents\Draw\2006\0606\0606044\easement legal.do" N p OD A E E a msmm AW"ar PAVA2 f I 4 PROJECT—­12 T SITE. N aa� GATEWAY STREET E mmxo mmr„cocr Mau”imam E � E, $ ,r a saw BO f t O. 2� XWY 90 �~ ° ,arnHO.ir,ur 7imaHr ' , VICINITY MAP o rmar' b L2 _ _ - - - -. _ — M 0 — — — — — — L4 - - cnu ,oa ami,,vaaw °o zvsrnm DETAIL-OF EASEWNT • .. rass Marna Aa7naLr Hr,MWr ' rater . rr- MOM"mu Mr„a,r" g E. 7�T1D,nama man�inor"°d n"0 • m„ot w - nrcanr„Dour rwr r„ca N 89.69'68'9 308:33' irccwm rr♦Aa,Lw,l/aan,Mr rXX to msrna AM=7AYZMVff a a7a,mra s►,M,rrr Aa,sa Ln,r,ac a.r, AAM0 Imor e attar �•. E a IL+� ' E E 1,010$,MrrAC aro,Aa„mLaua d . C q r,orat„mAt aroator,wtnwa 9 � a,,romr,a lorr,aareaa . (y N - art,arrrna sorwparrru'. - aar tpyr,a AVMALr PARMW {b Awpoaa,OUw Lw,FIMe, ,rMwa IdlJtlLr IARY,Nr ,L3rwa=am iwr ll,ar N 89.69'49"E 476.00' FANNIN STREET DITCH NOTE: BOUNDARY.INFORMATION PROVIDED BY CLIENT FROM A SURVEY FXRPARED BY.FITTZ AND SHIPMAN, INC. a�57�'9�' WATER LINE EASEMENT Fes . A-MINI STORAGE R af Fir ,a 575 INTERSTATE 10 SOUTH 7 . BEAUMONT; TEXAS LINE TABLE FAUS-1---m. LINEL LENGTH BEARING BEARING NG,. IC. No13 1'E T ENGINEERING-AND SURVEYI 10-00 "Serving the Golden Triangle for 10 years" L2 299.34 SOUTH . Date: JAN. 26 2005 2525 Calder Street L3 10.00 Beaumont, Texas 77702 L4 299.08 WEST Project No. 0606044 EASEMENT (409).813-3410 Fax (409) 813=3484 1M*ftr • �k City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 25, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 3-10/Consent Agenda * Consent Agenda GENERAL BUSINESS • 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling- 2)District at 2916 E. Lucas 2. Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway 3. Consider a request for an appeal of the decision of the Historic Landmark Commission on its denial of paint colors on the house located at 2270 Hazel 4. Consider a request for an appeal of the decision of the Historic Landmark Commission on the denial of a carport at 2501 Hazel 5. Consider a request for a historic preservation loan for repairs to the home at 2223 North 6. Consider a request to abandon a 6'x 85'portion of a 15'wide utility easement along the rear of the property at 1920 Edson 7. Consider authorizing the City Manager to execute a contract for the Wiess Bluff Pump Station Neches River Bank Stabilization Project 8. Consider approving a payment for emergency recovery services 9. Consider approving an ordinance declaring the structure at 439 Crockett as a dilapidated structure and order that it be razed 10. Consider approving an ordinance declaring the structure at 1435 Broadway as a dilapidated structure and order that it be razed or repaired 11. PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. � 1 July 25, 2006 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 2916 E. Lucas City of Beaumont •�• Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner,Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single FamilyDwelling)District to GC-MD-2(General Commercial- Multiple Family Dwelling-2)District at 2916 E. Lucas. RECOMMENDATION The Administration recommends approval of a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District at 2916 E. Lucas. BACKGROUND Brammer Construction, Inc. has applied for a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District for 0.90 acres of land at 2916 E.Lucas. The purpose of the zone change is to allow the construction of a commercial shopping center. Proposed businesses include a washateria,nail shop, beauty shop and barber shop. The owner of the property is Duong&Le, Inc. The south 150' of Duong&Le's property is zoned GC-MD. The rest of the subject property is zoned RS. Across Idylwood is an existing convenience store. Proposed plans call for a strip shopping center facing E.Lucas with access to both E.Lucas and Idylwood. To develop the property,as proposed,will require that the remainder be rezoned.This development will provide much needed services to the north end of Beaumont. The Planning Commission felt that GC-MD-2 zoning would be more appropriate due to the surrounding residential uses. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 17,2006,the Planning Commission voted 5-0 to approve a zone change from RS(Residential Single Family Dwelling)District to GC-MD-2(General Commercial- Multiple Family Dwelling-2) District at 2916 E. Lucas. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OFTHE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 2916 E. LUCAS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 2916 E. Lucas, being the north 192.42'of the south 342.42'of Lots 1 and 2, Block 2, Lucas Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.90 acres, more or less, as shown on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day o f July, 2006. - Mayor Guy N. Goodson - 0 I+`ile! 1829-Z: Request for a zone change from RS(Residential Single Family Dwelling) NORTH to GC-MD (General Commercial-Multiple Family Dwelling)District or more At restrictive district. Location: 2916 E.Lqcas SC`A'E c LL Applicant: Brammer Construction Co.,Inc. 4 KN OD O O •5�1aa � 6' o � 4-C N 4.g 4 3 ItW a mo. �` 4 3 i> �Q w Z Z R. 3 s LLJ Im N O M- W �G L-u- C A 3s /0 ,35 /G {3sl3G 60 /G3S 5435 50 EAST LUCAS SourH LtnrE HEZEK/4 oRTH /NE ASSALGA a ro0 /�O •/sro 60 / O 54 I 54 t 26 4 53 ,� 2 53 2 25 in 52 2 3 52 24 N 51 4 51 s �, 23 50 5 54 EXHIBIT "A" 22 2 July 25, 2006 Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 25, 2006 AGENDA MEMO DATE: July 18, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District in the 3900 Block of Pointe Parkway. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District in the 3900 Block of Pointe Parkway subject to providing a 30'wide landscape buffer on the south side of the property. BACKGROUND Christian Fellowship Worship Center,Inc. is requesting a specific use permit to allow a church in an RS(Residential Single Family Dwelling)District. The property is located in the 3900 block of Pointe Parkway. The initial plans call for the construction of a 15,000 sq. ft. sanctuary with Sunday school classrooms and administrative offices. Future phases include the construction of a family life center and possibly a gymnasium. The exterior of the church will be either brick or stucco finish per restrictions imposed by agreement with the developer. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held July 17, 2006, the Planning Commission voted 5-0 to approve a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District in the 3900 Block of Pointe Parkway subject to providing a 30'wide landscape buffer along the south side of the property.