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HomeMy WebLinkAboutPACKET SEPT 26 2006 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 26,2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 8-18/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from GC-MD(General Commercial-Multiple Family Dwelling)District to RS (Residential Single Family Dwelling)District at 2645 Liberty 2. 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 and a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property at the corner of Fannin and Edgemore 3. Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property in the 3600 block of Dowlen Road 4. Consider a request to amend a specific use permit to allow a pharmacy to operate 24 hours a day at 3890 Phelan 5. Consider a request for a specific use permit to allow a recreational vehicle park in an LI(Light Industrial)District at 6800 S. Major 6. Consider a request for an amended specific use permit to allow the expansion of an existing washateria in an RCR(Residential Conservation and Revitalization) District at 4639 Highland Avenue 7. Consider a request to amend the Zoning Ordinance, Section 30-24 (B), Permitted Use Table, to temporarily require a specific use permit for all uses in the CBD (Central Business District) 8. Consider a request to abandon the 20'alley in Block 12, McFaddin 2nd Addition between 2nd and 3rd streets 9. Consider approving a resolution to provide for the reimbursement of costs incurred prior to issuance of$35 million in Certificates of Obligation or other tax exempt obligations 10. Consider approving a one year contract with McGrifi, Seibels& Williams of Texas, Inc. for Employee Benefits Broker/Consulting services 11. Consider approving the purchase of one (1) compactor for use at the landfill 12. Consider approving the purchase of one (1)hazardous materials response unit for use by the Fire Department 13. Consider authorizing the City Manager to increase the Proposed 2 MG Elevated Water Tank at Dishman Road Project amount for"extra work" 14. Consider approving an ordinance allowing for an additional six(6) months for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired 15. Consider approving a contract for debris removal associated with a hurricane or other natural disaster 16. Consider approving a contract for a security system at Lawson's Pump Station 17. Consider approving the purchase of remote visual inspection equipment for use by the Police Department 18. Consider approving the renewal of an annual maintenance agreement for HTE, Inc. software support to be used by various City departments 19. 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) EXECUTIVE SESSION * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Magistrates 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 September 26,2006 Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)District to RS (Residential Single Family Dwelling)District at 2645 Liberty City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 19, 2006 REQUESTED ACTION: Council consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling)District at 2645 Liberty. RECOMMENDATION The Administration recommends approval of a zone change from GC-MD (General Commercial- Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District at 2645 Liberty. BACKGROUND Sherman & Sherman, Inc. is requesting a zone change from GC-MD (General Commercial - Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District. The property is located at 2645 Liberty. The purpose of the zone change is to allow a residential structure to be moved to the lot and occupied as a single family residence. This property is located in the Oaks Historic District. In August,the Historic Landmark Commission approved the moving of this house to the subject property. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 18,2006,the Planning Commission voted 7:0 to approve a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District at 2645 Liberty. c 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 OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2645 LIBERTY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District for property located at 2645 Liberty, being Lot 4, Block 48, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.13 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 26th day of September, 2006. - Mayor Guy N. Goodson - 7C A► YFADD/M "SO ss I i I E 3za '30 - I - I i •.i 1. 59 0 to P File 1846-Z: Request for a zone change from GC-MD (General Commercial-Multiple NORTH • Family.Dwelling) District to RS (Residential Single Family Dwelling)District. Location: 2645 Liberty - A A Applicant: Sherman and Sherman,Inc. SCALE 1,.=200' I CHURCH /J � !4 ...J: ��.%l -// �•./o. ! I 7 �f 81 I j, r,� / `/J� 7r � JJ ro ST ANNE SCNO¢L 5o y } a n r /! to V to ea r. is rs 27 is so so� J4 Ja /s 17�­GC JTS so 9lOA'D AY F A, °w BROADWAY ST. sze xr _ m .ss so " 3 - '^ 14 I /J it I JJ 10 y 1 T - f I SS ,I1 J t I J3 I /l I/ JD I ! e �} h F I ` /12 Sys 7 p`// .. 32 i 1 ai 49 46 IV I J �JS, ~ _ M t 1J .11 I 1J I�r6 L7t! t9 30h 14 J5 LIBERTY AVE.2 c0 2 Zvi n, re s t�J.r J I " i " SO -sQ/ . a_ �/s , l/ I to , r °• I If I %/ 4 19I I ' A- t d9 IV _ _ �; Q/6 17 D 2J I 22 2J 21 125 I 26 `Z7 i h i O qq•l4 for ?W� 28 Z9 , i 60 AYE I ! 50 59/ A E w s. LAUREL AVE: VP9 fi r: s 45 !t70 30 30.l - 7a 50 72 50 I 2J=45 �y f .: .4 74.- 7 •tom .i -. , C_ �h . an So F, } SOUTH j2Q 03 o SOUTH ST. -- � ri7 65 .{ q. T C"p x° CENTRAL VIGH EXHIBIT A o `� k i SC +00L .. 2 September 26, 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 and a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District for property at the corner of Fannin and Edgemore City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 19, 2006 REQUESTED ACTION: Council 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 and a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property at the corner of Fannin and Edgemore. RECOMMENDATION The Administration recommends denial of a request for a zone change from RS (Residential Single FamilyDwelling)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property at the comer of Fannin and Edgemore. BACKGROUND Helen Viator, the property owner,is requesting a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 District. The property is located at the southeast corner of Fannin and Edgemore. Ms.Viator states that Robbie Tribble wishes to purchase the subject property from her so that he can expand his nursery business. Mr. Tribble currently operates a plant nursery on Sunnyside,north of Fannin. The subject property would be used to store trees. No buildings would be constructed on the property. The properties surrounding the subject property are residential or vacant. The Planning Manager feels that while the proposed use might not be detrimental to the surrounding properties, allowing 4 further commercial encroachment into the residential portion of the neighborhood would have a negative impact on those properties. In addition,this request could be considered spot zoning. To determine spot zoning, several issues must be addressed. The issues are as follows: • The law demands that the approved zoning plan should be respected and not altered for the special benefit of the landowner when the change will cause substantial detriment to the surrounding land or serve no substantial purpose. Would the zone change be in compliance with the adopted comprehensive plan? The surrounding property is zoned RS. The Comprehensive Plan designates this area as a"Stable Area". As such,no incompatible land uses should be introduced into the area. • Will this change adversely impact the surrounding properties? The nature and degree of an adverse impact upon neighboring lands is important. Lots that are rezoned in a way that is substantially inconsistent with the zoning of the surrounding area, whether more or less restrictive, are likely to be invalid. Rezoning the subject property to GC-MD-2 would be inconsistent with the surrounding zoning and land uses. Commercial zoning would have a negative impact on the nearby residential properties. • Is the tract of land suitable or unsuitable for use as presently zoned? This is a factor. The size, shape and location of a tract of land or lot may render it unusable or even confiscatory as zoned. The property is suitable for residential. • Does the proposed zone change bear a substantial relationship to the public health, safety,morals or general welfare or protect and preserve historical and cultural places and areas? The amendatory ordinance must bear a substantial relationship to the aforementioned considerations. The proposed zone change does not bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 18, 2006, the Planning Commission voted 8:0 to deny a request for a zone change from RS District to GC-MD-2 District and a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 District on property at the corner of Fannin and Edgemore. 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 OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLYZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF FANNIN AND EDGEMORE, 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 the southeast corner of Fannin and Edgemore, being Lots 23-24, Block 16, Sunnyside Addition, City of Beaumont, Jefferson County, Texas, containing 0.17 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 26th day of September, 2006. - Mayor Guy N. Goodson - /re 3 ree s R R ae s•R w R • —�V-- (�" r�s7 n .. : s All ? �' 11 t 3 � . � � �/� . �0 // '� :L_ � � ':2/ ^~ �'• f-. .e. 4a 46 l I�' n� e ? o ' 3 File 1843-Z/P: Request for a zone change from RS (Residential Single Family NORTH i E — Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) - District or more restrictive district and a specific use permit to allow a wholesale n: garden' supply ree storage husiness in a GC-MD-2 General Commercial-Multiple,r PPIy � ( Multip SCALE . h Family Dwelling-2)District, 1"=20W su Location: Corner of Fannin and Edgemore - A pGcant:Helen Victor R 40 x r _p F� /50 Ar 4e - _ �3�FANNIN ST. ; � _ !f "��'. i W. /ilO1Q f�Nl i d N Q f JW ff Nltil q/lR./l'ii'4 I !! g 17 .Q I Q i ( I 0 rs D O: W 7 � Wf ' '>,.a Z /7 I I .ir• I Q Q I I I �O??�S!'TJ/.� Z lis�.a,l e Q Ar d" W 1 d i _ _ [FORS. HEST p r i // �f /?N•4 lltl=l/� 4 MI 23 � ! t I i I a $ oflM4LC .. Sr s ,. to 33 n - i-' 1 ( •I^ EXHIBIT "A' ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WHOLESALE GARDEN SUPPLY TREE STORAGE BUSINESS IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR PROPERTY LOCATED ATTHE SOUTHEAST CORNER OF FANNIN AND EDGEMORE 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 Helen Viator to allow a wholesale garden supply tree storage business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at the southeast corner of Fannin and Edgemore, being Lots 23-24, Sunnyside Addition, City of Beaumont, Jefferson County, Texas, containing 0.17acres, more or less. as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at the corner of Fannin and Edgemore, being Lots 23-24, Sunnyside Addition, City of Beaumont, Jefferson County, Texas, containing 0.17acres, more or less, as shown on Exhibit "A" attached hereto is hereby granted to Helen Viator, her legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. - Mayor Guy N. Goodson - n ee-1 oo lei /P4 3 /PC 3 R R /Pd 5 R so 46—, t � -. = a 8 � __ s �aq 1� 67 g J lE a 7s � - W B t J Ad s File 1843-ZJP: Request for a zone change from RS (Residential Single Family NORTH — Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow a wholesale n` garden supply tree storage business in a GC-MD-2 (General Commercial-Multiple, SCALE Family Dwelling-2)District. 1"=2oo` s z su Location: Corner of Fannin and Edgemore Applicant: Helen Viator Its JV If P30 110 Js Ir 41 407 IFANNIN « nil �- n 7 .,. p... JW fY .1i" t W. /III K KNKdMd Z4 IK /tI KAT NO I w i O, s , sr X W!. +J s .' t 0'A!.t W r; i . i..) . I i Z I f ,� /II''J'I Tlf;l I'l.p q ;K -L /'t ?;I'T^�7It�ll 3Y ... . i� � .0•. 1,1019s�rf/�- Sr ,. ISW Z5 s z � _ ! �FORSYTHEZT. n AW .� 1 - --- /sarrK L;� a i lr i 1 / sl /5 2, _It EV . T K b// a l /fit ♦ T 917:I:l,M Sir —d n 53 - i EXHIBIT «A„ m ~ I— m 2 X W i N ct1 N �s t.3 ' 7soow C,vW�' s WkTE� t'IET�- 3 September 26, 2006 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling)District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property in the 3600 block of Dowlen Road 11 ..7LJ1J City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 19, 2006 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial- Multiple Family Dwelling) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District forproperty in the 3600 block of Dowlen Road. RECOMMENDATION The Administration recommends approval of a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District for the north 0.444 acres of property and from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for the south 0.202 acres of property in the 3600 block of Dowlen Road. BACKGROUND Mark W. Whiteley & Associates is requesting a zone change to GC-MD (General Commercial- Multiple Family Dwelling) District for 0.646 acres of land in the proposed Metropolitan Park development on the old West End YMCA property. This zone change would allow the development of the subject property in accordance with the overall master plan. The zone change involves part of the condominium area. The split in the zoning will correspond with the zoning that has already been approved for the development. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 18,2006,the Planning Commission voted 8:0 to approve a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling)District for the north 0.444 acres of property and from RS (Residential Single Family Dwelling)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District for the south 0.202 acres of property in the 3600 block of Dowlen Road. 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 OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR THE NORTH 0.444 ACRES AND CHANGING THE ZONING OF THE SOUTH 0.202 ACRES PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC- MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED IN THE 3600 BLOCK OF DOWLEN ROAD, 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 RS (Residential Single Family Dwelling) District to GC- MD (General Commercial-Multiple Family Dwelling) District for the north 0.444 acres and changing the zoning of the south 0.202 acres presently zoned RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located in the 3600 block of Dowlen Road, being 0.444 and a 0.202 acre tracts or parcels of land situated in the H. Williams Survey, Abstract No. 56, Jefferson County, Texas, as described on Exhibits"A,"and "B," and shown on Exhibits"C,""D,"and"E," 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 26th day of September, 2006. GC-MD LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.444 acre tract or parcel of land situated in the H. Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 19.30 acre tract of land as described in "Stecial Warranty Deed" from The Young Men's Christian Association of Beaumont, Texas to LLM Development Group. Inc. as recorded in Clerk's File No. 2005025119' Official Public Records of Real Property, Jefferson County, Texas; said 0.444 acre tract being more particularly described as follows: NOTE: All bearings are based on the West Right-of-Way line of Dowlen Road and the East line of the herein described tract as SOUTH 00°39'17" East as recorded in Clerk's File No. 9807948, Official Public Records of Real Property, Jefferson County, Texas. BEGINNING at a Concrete Monument found in the west right-of-way line of Dowlen Road (based on a 100' R.O.W.) for the northeast corner of Barrington Heights Subdivision as per plat recorded in Volume 15, Page 348, of the Map Records of Jefferson County, Jefferson County, Texas; THENCE SOUTH 89 019'50" WEST, for the boundary between the tract herein described and the said North line Barrington Heights Subdivision a distance of 853.56 feet to a point for corner; THENCE NORTH 00 043'54" WEST, over and across the tract herein described for a distance of 290.16 feet to the POINT OF BEGINNING; THENCE SOUTH 89 020'29" WEST, over and across the tract herein described for a distance of 4939 feet to a point for corner; THENCE NORTH 09°36'43" WEST, for the boundary between the tract herein described and the called 5.0 acre tract, for a distance of 179.94 feet to a point for corner; THENCE NORTH 24 013'39" WEST, over and across the tract herein described for a distance of 67.44 feet to a point for corner said point also being on the south line of said 0.565 acre tract of land as described in a"General Warranty Deed"from the Beaumont Metropolitan YMCA to Jefferson County Drainage District No. 6 as recorded in Clerks File No. 9807948 Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 65°46'21" EAST, for the boundary between the tract herein described and the south line of said 0.565 acre Jefferson County Drainage District No. 6 tract for a distance of 113.53 feet; THENCE SOUTH 00 043'54" EAST, over and across the tract herein described for a distance of 28 5.10 feet to the POINT OF BEGINNING and containing 0.444 ACRES, more or less. EXHIBIT "A" GC-MD-2 LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.202 acre tract or parcel of land situated in the H. Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 19.30 acre tract of land as described in "Special Warranty Deed" from The Young Men's Christian Association of Beaumont, Texas to LLM Development Group. Inc. as recorded inclerk's File No. 2005025119 Official Public Records of Real Property, Jefferson County, Texas; said 0.202 acre tract being more particularly described as follows: NOTE: All bearings are based on the West Right-of-Way line of Dowlen Road and the East line of the herein described tract as SOUTH 00°39'17" East as recorded in Clerk's File No. 9807948, Official Public Records of Real Property, Jefferson County, Texas. BEGINNING at a Concrete Monument found in the west right-of-way line of Dowlen Road (based on a 100' R.O.W) for the northeast corner of Barrington Heights Subdivision as per plat recorded in Volume 15, Page 348, of the Map Records of Jefferson County, Jefferson County, Texas; THENCE SOUTH 89019'50" WEST, for the boundary between the tract herein described and the said North line Barrington Heights Subdivision a distance of 853.56 feet to the POINT OF BEGINNING; THENCE SOUTH 89019'50" WEST, for the boundary between the tract herein described and the said North line Barrington Heights Subdivision a distance of 21.63 feet to a point for comer; THENCE NORTH 00039'17" WEST, for the boundary between the tract herein described and the called 5.0 acre tract for a distance of 109.03 feet to a point for corner; THENCE NORTH 09036'43" WEST, for the boundary between the tract herein described and the called 5.0 acre tract, for a distance of 183.37 feet to a point for comer; THENCE NORTH 89020'29" EAST, over and across the tract herein described for a distance of 49.79 feet to a point for comer; THENCE SOUTH 00043'54" EAST, over and across the tract herein described for a distance of 290.16 feet to the POINT OF BEGINNING-and-containing-&.202 ACRES, more or less. EXHIBIT "B" File 1840-Z: Request for a zone change from RS (Residential Single Family Dwelling) NORTH District to GC-MD(General Commercial-Multiple Family Dwelling) District or more - restrictive district. Location: 3600 block of Dowlen Road SCALE Applicant: Mark Whiteley&Associates,Inc. N.T.S. ZR6v-N� a i J O Tr.5', \GC a M 1 ti rz 9 Z n 1�1 p A T G C . MD o 'J [, BJECT m °r1 V v I D �2 ._ "3• �a. /* F., ./ /v I i I ' I / s Ali 2 °;: rsI a 6 a a gq.3es i.F• ��[! i I Dl 70 i 3p.✓D }'G".:i PI4 IR w 7pNwN ra g�� `` .�R¢*yTGr � �..;,��-��,�e✓%rjT�✓✓✓�� S r�.� •�y -- �� %s.� I . aas+ /G $%•y y+57�s�. x<.� � F �S;K 37.:c 6a der _ 8t 3a EXHIBIT 'C' I fRC w JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 CF NO. 9807948 OPRJC PLAT AND DESCRIPTION ARE FOR PLANNING AND ZONING PURPOSES ONLY. NO ACTUAL SURVEY MADE O GC—MD m RS GC—MD-2 -- FS ZONING CHANGE _ -- RS TO GC—MD-2 — `s7 se9'19 ee 853.58 BARRINGTON HEIGHTS VOL. 15 PG. 348 MRJC CLIENT: METROPOLITAN PARK _ OR 9Y: JMK SCALE: SHEET N•.: rn VER: ACRD 2006 1 n=200 I Of 1 11 » X Joe ND. FlLE: w:/2006/06-189 . EXHIBIT B = 06-189 zone change cmd.dw 0 LINE BEARING DISTANCE MARK W. WHITEM 0.202 ACRE � u se919 sq' 21.63 AND ASSOCIATES L2 NDO'39171V 109.03 INCORPORATED SKETCH OF ZONE L3 N09'36 43"W 183.37' L4 N89'20 29'E 40.78 - CONSUYORS, SAND PIN CHANGE FROM LS S00'43'S4 E 280.16 SURVEYORS, AND PLANNERS O o. �.� • RS TO GC—MD-2 Aw-e•E-ast (uq JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 CF NO. 9807948 OPRJC PLAT AND DESCRIPTION ARE FOR PLANNING AND ZONING PURPOSES ONLY NO ACTUAL SURVEY WADE. O GC-MD ZOMNG CHANGE RS TO GC-MD C V* 4 5 r'u a - s LI e a A: _ A '/ GC-MD-2 BARRINGTON HEIGHTS VOL. 15 PG. 348 MRJC WENT' METROPOLITAN PARK OR 8 f: JMK r mo, EL4 BEARING DISTANCE I"=200 Of 1 » »S69.2D 29 EXHIBIT D m N09'36 43 179.9JOB N0. fllE: w:/2006/08-189 '•x N24'1339 Q6-189 one change gcmd 2.dw Q N654621 E 113.89 0.444 ACRE 500 43 54^E 285.10 MARK W. WHITELEY W AND ASSOCIATES SKETCH OF ZONE � INCORPORATED CONSULTING EN CHANGE FROM SURVEYORS, AND D PLANNERS m wo ullu m". 00 TO GC—MD BEAU - -OIE��-6tY8 , BG ;0/-B76-IMO 4 September 26, 2006 Consider a request to amend a specific use permit to allow a pharmacy to operate 24 hours a day at 3 890 Phelan City of Beaumont �• Council Agenda Item A g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 19, 2006 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow a pharmacy to operate 24 hours a day at 3890 Phelan. RECOMMENDATION The Administration recommends denial of a request for an amended specific use permit to allow a pharmacy to operate 24 hours a day at 3890 Phelan. BACKGROUND Richard Bills has made application to amend a specific use permit that would allow the 24-hour operation of an existing pharmacy in a GC-MD-2(General Commercial-Multiple Family Dwelling- 2) District. The property is located at 3890 Phelan. In February,2005,the City Council approved a zone change from NC(Neighborhood Commercial) District to GC-MD-2 and a specific use permit to allow a CVS Pharmacy on the subject property. Due to traffic concerns at the corners of 23`d and Calder and Phelan and concerns expressed by several residential property owners in Calder Place Addition on what effect a pharmacy might have on their neighborhood,the specific use was approved subject to several conditions,including hours of operation and delivery. The store hours are restricted to 7 a.m. - 10 p.m., seven days a week and delivery hours are not allowed between the hours of 7 a.m. - 9 a.m., 11 a.m. -2 p.m. and 4 p.m. -6 p.m. Mr.Bills is requesting that the specific use permit be amended to allow 24-hour operation. He states that CVS would like to operate the store 24 hours a day to better serve the public. No other changes are being requested. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 18, 2006,the Planning Commission voted 8:0 to deny a request for an amended specific use permit to allow a pharmacy to operate 24 hours a day at 3890 Phelan. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 05-018 APPROVING A SPECIFIC USE PERMIT TO ALLOW A PHARMACY LOCATED AT 3890 PHELAN TO ALLOW THE PHARMACY TO OPERATE 24-HOURS PER DAY, SEVEN DAYS PER WEEK. WHEREAS, on February 8, 2005 , the City Council of Beaumont, Texas , passed Ordinance No. 05-018 approving a specific use permit to allow a pharmacy in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 3805 Calder, being Lots 1 - 4 and the west 28' of Lot 5, Block 2, Laurel Heights Addition, City of Beaumont, Jefferson County, Texas, containing 1.538 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, Ordinance No. 05-018 reflected a condition of store hours to be 7 a.m. to 10 p.m., seven days a week; and, WHEREAS, Richard Bills representing CVS Pharmacy has requested an amendment to the Specific Use Permit approved in Ordinance No. 05-018 to allow a 24- hour operation of CVS Pharmacy: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT Ordinance No. 05-018 is hereby amended to allow CVS Pharmacy located at 3890 Phelan to operate 24-hours a day, seven days a week. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. - Mayor Guy N. Goodson - ie7 z - r to J u a ! • '... 12 14 ?i 16 7 4K KO 11 /0 so S IM - — File 1838-P: Request for an amended specific use permit to allow a pharmacy to NORTH — " operate 24 hours a day in a NC (Neighborhood Commercial)District. Location: 3890 Phelan �c 51� Applicant: Richard Bills SCALE I 1"=200' g" NORTH ST. 3800 3?lX 174 40 30 IV Ar v • so ss TO I lCOTQN ST I _ -.0 h40 [Al 43 lc� _ SCCTCH Sf. a- I ! ° i v 10 M 63. b J b b /20 ..\.. /20 14 k tO 26/W _ °e I r $ b T �y 30 I : rp/s 10 15 . t4 • t IsO 15 I �, $ IF t/ h %2-2 9 t N ry C .5 it t Z J 1222 a av a rr, n = , a rr =r 4 = i. 4 0 z }� `a u !ter n h 'F r ti J 3 24 = C ° N 6J.1 h to .-i20 e s o �� / is rh ' 5075 50 20 i0 125 /25 /50 $. /JO O dJ» J $ € b t b Jai CALDER AVE. aJ = V;0 60 /6945 M V 50 ,I h 11r1 wi e5 6o 4 113.26 b 5 96 26 S r t e e to I—' 150 ezn As z/ en�!19 c r /%55 35 50 I PHELAN BLVD. $ s9 - i00 - BL VD. WL a a � r Fr_ l � r b ~ � 7 6 r .Q 4 c\ 5 6 r ti J O r1 J 1 ! ti "'� o CGps�O 4 P'do oao.wo, ao-3 M It 4.5 D, e A i /50 17 J0 " \ Vo AVE r fi rl i t °T Jr 56 M 34 4 w kA -M� W %5 ' ?� D— 25 EXHIBIT "A' t i I caner isurgen 1 � I I 1 F 1 CARTER k BURGESS,INC. VERTICAL DUMPSTER WITH 8' i w i suit,88 0r1ri COMPACTO HIGH W000 FENCE i 1 Hal:tr Tz. 77007-5942 = 1 TEL 70.999.7900 ENCLOSURE ® N i vez 71y.e99s�o9 1 N I na=rw a.a.�.• rr. «gyp SITE SIGNAGE INDEX cp SI&TANT.. uRir.A'r0� qua Hxu4V a.r rR!MO 1 1 I 1 I 1 ---arms - --- _�—J�— ' I ALOE AVE.---- ti9IE5; r.nru .._ I. �11°Ew+adl 9�wL�wv '�- --lrnr - ----° - - - -=----- - -------- --------------- r9a roppwry�rla[reac9ox _ _ N E $11E smr Y R�0.+0PWE.M US 16aYa[ ' ti K 0 Ln1 - ! SELL: Lie y M1 1 I I } N ® 0+ iirni «ry I I J unuapW � 1 I D U L ' PICK—UP I W 0 Lm r wr WT IF II I PROPOSED, ! CVS/PHARMAY ���/ I I I I I' 13.013 SF I o•-..:. I------------- -------i 1 0 I= i t= . ti; t pI� lPl�e6}� - P 41 fti I 1 I u M1 r 1 11 T DEVELOPER tir 1 1 mo-nH I 1 I CEDARw000 DEVELOPLIElTf,91C. 1 1 222 TON.TEXAS,SURE 109 TEL 2r01.1..877.4A40 77090 SA2 201872.03{7 I I rLq=.i a.°':"d�• REVISIDNS: una.:rq uw- M sun.rw�.0 N1UarrA'rq TAUT 509[parr[SaC per. —...._.._.. "... 0?AIT RMfO M 9tlr1 unrw(rt/ -S I Ianaayp u 4 uy I I I; .Y ___-- I PHELAN BLVD. J j I I Ow'ro----- { umur warn: W.se. uxw-rsr o..w.w.-..r rlTlraslAU PLArSIN9 Y0. W.S.B. ---------------�_____-----ice v / DATE: MARCH 29.2003 � _\I�.I ,j .4 rAWEn: 0]141},010 911E SITE PLAN SIQNAGE AND MARSUND \\// sll[Er IAAI9EA: x �® �_2 wr pR a)' 15511E SOR 9N/PERYT W W 5 September 26, 2006 Consider a request for a specific use permit to allow a recreational vehicle park in an LI (Light Industrial)District at 6800 S. Major City o f Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 19, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District at 6800 S. Major. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a recreational vehicle park in an LI(Light Industrial)District at 6800 S.Major subject to the following condition and with a modification to the screening requirement along the north property line(no 6'tall solid permanent screening fence or wall): • The site plan be revised to meet all ordinance design requirements. BACKGROUND Thomas Taylor is requesting a specific use permit to allow a recreational vehicle park in an LI(Light Industrial)District. The property is located at 6800 S. Major Drive. The 15 acre tract of land includes a 7 acre lake and a LNVA canal right-of-way leaving approximately 7 acres that are usable for the recreational vehicle park. Three old houses that are located on the property will be removed. There will be approximately 75 RV parking spaces. Each space will be at least 30'x 65'. On each space will be a 12' x 60' or larger paved RV pad with parking for at least one car. There will be a total of 1 1/2 parking spaces per site provided in the park. Mr. Taylor states that he will attempt to save as many trees as possible by adjusting the RV sites to fit among the trees. Some sites will be a"pull through"design. These sites will allow the RVer to pull into the site and leave without disconnecting a car, trailer or backing up. All sites will be t provided water, sewer and 50 amp electrical service. At least 50%of the sites will have satellite or cable TV. The park will also have WiFi internet service available. There will be three one story park buildings. A small office building will be located near the park's entrance for guest check-ins. A building of approximately 1,000 sq. ft. will be centrally located to provide a laundry,restrooms, showers and a meeting/game room. A third building will be a storage garage/maintenance shop. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 18,2006,the Planning Commission voted 6:0:1 to approve a specific use permit to allow a recreational vehicle park in an LI(Light Industrial)District at 6800 S. Major subject to the following condition and with a modification to the screening requirement along the north property line (no 6'tall solid permanent screening fence or wall): • The site plan be revised to meet all ordinance design requirements. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. The 1120% Rule" Section 30-40. D. of the Zoning Ordinance states the following: Protest: The City Council shall not amend, supplement, change, modify or repeal any regulation,restriction or boundary or approve a Specific Use Permit where a protest against such change, signed by the owners of twenty(20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths(3/4)of all the members of the City Council. This means that in order to approve a zone change or specific use permit when the 20% rule has been invoked at least six Council members must vote in favor of the Ordinance. On File 1841-P, a protest of 33%was received, therefore invoking the Rule on this case. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE PARK IN AN LI (LIGHT INDUSTRIAL) DISTRICT LOCATED AT 6800 S. MAJOR, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use permit to Thomas Taylor, Sr. to allow a recreational vehicle park in an LI (Light Industrial) District located at 6800 S. Major, being a 15.3580 acre tract or parcel of land situated in the S. Stivers League,Abstract No. 51, Jefferson County, Texas and being out of and part of the remainder of that certain called 16.71 acre tract of land as described in a "General Warranty Deed with Vendor's Lien"from Theresa Collins to Jerry M. Freeman as recorded in Film Code No. 103-97-1645, Official Public Records of Real Property, Jefferson County, Texas, as described on Exhibit "A" and shown on Exhibit"B" 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 recreational vehicle park in an LI (Light Industrial) District located at 6800 S. Major, being a 15.3580 acre tract or parcel of land situated in the S. Stivers League, Abstract No. 51, Jefferson County, Texas and being out of and part of the remainder of that certain called 16.71 acre tract of land as described in a "General Warranty Deed with Vendor's Lien"from Theresa Collins to Jerry M. Freeman as recorded in Film Code No. 103-97-1645, Official Public Records of Real Property, Jefferson County, Texas, as described on Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes, is hereby granted to Thomas Taylor, Sr., his legal representatives, successors and assigns subject to the following conditions: 0 Modification to the screening requirement along the north property line (no 6' tall solid permanent screening fence or wall); The site plan be revised to meet all ordinance design requirements. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. - Mayor Guy N. Goodson - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 15.3580 acre tract or parcel of land situated in the S. Stivers League, Abstract No. 51, Jefferson County, Texas and being out of and part of the remainder of that certain called 16.71 acre tract of land as described in a "General Warranty Deed with Vendor s Lien" from Theresa Collins to Jerry M. Freeman as recorded in Film Code No. 103-97-1645, Official Public Records of Real Property, Jefferson County, Texas, said 15.3580 acre tract being more particularly described as follows: NOTE: All bearings are based on the South line of the said 16.71 acre Freeman tract as NORTH 89 31' 00" WEST as recorded in the above referenced Film Code No. 103-97-1645, Official Public Records of Real Property, Jefferson County, Texas. BEGINNING at a 1" iron pipe found for the Southeast corner of the said 16.71 acre Freeman tract, said corner also being in the Northwesterly right-of-way line of the Santa Fe Railroad right-of-way and in the South line of the said S. Stivers League and in the most Southerly North line of the H.T. & B.R.R. Survey, Section No. 15, Abstract No. 145, Jefferson County, Texas and also being the Northeast corner of that certain called 50.3 acre tract of land as described in a deed to W. J. Blewett and John F. Pipkin as recorded in Volume 114, Page 178, Deed Records, Jefferson County, Texas and being in the Westerly right-of-way line of that certain called 60 foot wide road right-of-way (formerly called the Amelia-Cheek Road) as described in a deed from W. C. Tyrrell to Jefferson County as recorded in Volume 150, Page 458, Deed Records, Jefferson County, Texas; THENCE NORTH 89 3 P 00' WEST, for the boundary between the tract herein described and the said 50.3 acre Blewett and Pipkin tract, the same being the South line of the said 16.71 acre Freeman tract and the South line of the said S. Stivers League and the most Southerly North line of the said H.T. & B.R.R. Survey, Section No. 15, for a distance of 1464.06 feet to a 5/8" iron rod found for the Southwest corner of the said 16.71 acre Freeman tract, said corner also being an exterior ell corner of the remainder of that certain called 430 acre tract of land as described in a "General Warranty Deed" from Jean William Allen and William R. Penney, Jr. to the Helen Blewett Price Trust and the Eppie Blewett Quicksall Trust as recorded in Clerk s File No. 2005024894, Official Public Records of Real Property, Jefferson County, Texas and said corner being the Southwest corner of the said S. Stivers League and an interior ell corner of the said H.T. & B.R.R. Survey; THENCE NORTH 00 0600" EAST, for the boundary between the tract herein described and the said Helen Blewett Price Trust and the Eppie Blewett Quicksall Trust tract, the same being the West line of the said S. Stivers League and the most Northerly East line of the said H.T. & B.R.R. Survey, for a distance of 551.70 feet to a 5/8 iron rod found for corner, said corner also being the Southwest corner of that certain called 2.118 acre tract of land as described in a deed from L. M. Muirhead and wife, Fannie Mae to the Lower Neches Valley Authority as recorded in Volume 1222, Page 501, Deed Records, Jefferson County. Texas: EXHIBIT "A" THENCE SOUTH 89 32' 00" EAST, for the boundary between the tract herein described and the said 2.118 acre Lower Neches Valley Authority tract, passing at a distance of 814.90 feet a 5/8" iron rod set for reference and continuing for a total distance of 879.90 feet to a point for corner, said point being the Southeast corner of the said. 2.118 acre Lower Neches Valley Authority tract and also being an exterior ell corner of that certain called 1.400 acre tract of land as described in a "Warranty Deed" from J &T Company to Keith Brandon Barnett as recorded in Clerk s File No. 2000040549, Official Public Records of Real Property, Jefferson County,Texas; THENCE SOUTH 29 22' 00" EAST, along and with the centerline of an existing irrigation canal and for the boundary between the tract herein described and the said 1.400 acre Barnett tract, for a distance of 48.90 feet to a point for corner, said corner being an interior ell corner of the said 1.400 acre Barnett tract; THENCE SOUTH 10 15' 50" EAST, continuing along and with the centerline of an existing irrigation canal and for the boundary between the tract herein described and the said 1.400 acre Barnett tract, for a distance of 28.51 feet to a point for corner, said corner being the most Southerly corner of the said 1.400 acre Barnett tract and the Northwest corner of that certain 1.1553 acre tract of land as described in a "General Warranty Deed with Vendor s Lien in Favor of Third Party" from Jerry M. Freeman, et al. to Keith B. Barnett as recorded in Clerk s File No. 2001044248, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 00 00' 47" EAST, continuing along and with the centerline of an existing irrigation canal and for the boundary between the tract herein described and the said 1.1553 acre Barnett tract, for a distance of 53.40 feet to a point for corner, said corner being an exterior ell corner of the said 1.1553 acre Barnett tract; THENCE SOUTH 43 57' 21" EAST, for the boundary between the tract herein described and the said 1.1553 acre Barnett tract, passing at a distance of 64.01 feet a 5/8" iron rod with a cap stamped "RPLS 3636" found for referenced and continuing for a total distance of 110.69 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" found for corner, said corner being the beginning of a curve turning to the left having a radius of 75.00 feet and being subtended by a chord bearing of SOUTH 84 47' 59" EAST for a chord length of 98.09 feet; THENCE NORTHEASTERLY, along and with said curve and continuing for the boundary between the tract herein described and the said 1.1553 acre Barnett tract, for an arc length of 106.92 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" found for corner; THENCE NORTH 54 24' 13" EAST, continuing for the boundary between the tract herein described and the said 1.1553 acre Barnett tract, for a distance of 156.37 feet to a 5/R" iron rod set for corner_ said corner being the most Fasterly corner of the said 1.1553 acre Barnett tract and also being in the West right-of-way line of F.M. Highway 364 (also known as Major Drive) (width varies); THENCE SOUTH 15 53' 18" EAST, along and with the West right-of-way line of F. M. Highway 364, for a distance of 3.94 feet to a Texas Department of Transportation concrete monument found for corner, said corner also being the beginning of a curve turning to the left having a radius of 1339.45 feet and being subtended by a chord bearing of SOUTH 32 55'43" EAST for a chord length of 271.48 feet; THENCE SOUTHEASTERLY, along and with said curve and the West right-of-way line of F.M. Highway 364, for an arc length of 271.95 feet to a 5/8" iron rod set for corner, said corner being in the East line of the remainder of the said 16.71 acre Freeman tract and the West right-of-way line of the above referenced Jefferson County 60 feet wide road right-of-way; THENCE SOUTH 27 00' 30" EAST, said corner being in the East line of the said 16.71 acre Freeman tract and the West right-of-way line of the above referenced Jefferson County 60 feet wide road right-of-way, for a distance of 228.52 feet to the POINT OF BEGINNING and containing 15.3580 ACRES, more or less. File 1841-P: Request for a specific use permit to allow a recreational vehicle park in an NORTH LI(Light Industrial)District. - Location: 6800 S. Major Applicant: Thomas Taylor Sr. SCALE N.T.S. GC L I w_a L I �y r. r. Y •., l 4 . 4 R, r. t- v . - N. Lin. u7 fr.6 R t. G.. EXHIBIT "B" 879.9' A=OFFICE B-RESTROOM, SHOWER, GAME ROOM LNWA CANAL 46.9' C=SHOP 75' 8/.9' , //0.9' ' 156.37 500.0 55/.7 �\ 6.9 ACRE LAKE \\ \ \ ,, 25' -1464.06' f 60'—I M X z 00 n *Approval subject to the following condition and with a modification POWERCON CONSTRUCTION SERVICES to the screening requirement along the north property line(no 6'tall RV PARK — BEAUMONT, TX solid permanent screening fence or wall): sc4 "_ ROADS, SITES, BUILDING LAYOUT • The site plan be revised to meet all ordinance design requirements. - " i 6 September 26, 2006 Consider a request for an amended specific use permit to allow the expansion of an existing washateria in an RCR(Residential Conservation and Revitalization)District at 4639 Highland Avenue assets City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 19, 2006 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow the expansion of an existing washateria in an RCR(Residential Conservation and Revitalization)District at 4639 Highland Avenue. RECOMMENDATION The Administration recommends approval of an amended specific use permit to allow the expansion of an existing washateria in an RCR(Residential Conservation and Revitalization)District at 4639 Highland Avenue. BACKGROUND Johnny Huynh is applying for an amended specific use permit to allow the expansion of an existing washateria at 4639 Highland. In January,2005,the City Council approved a specific use permit to allow the operation of an 1,870 sq. ft. washateria and related parking. This specific use permit was approved with a modification to the landscaping requirements. The 10'wide landscape strip along the south and east property lines was deleted. An 8'tall wood screening fence was constructed along those property lines. The proposed amendment will include an additional 780 sq. ft. of space added to the rear of the washateria, the demolition of an existing 2 story garage apartment and an additional 5 parking spaces. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 18,2006,the Planning Commission voted 8:0 to approve an amended specific use permit to allow the expansion of an existing washateria in an RCR (Residential Conservation and Revitalization) District at 4639 Highland Avenue. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 05-004 GRANTING A SPECIFIC USE PERMIT TO ALLOW A LAUNDROMAT IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 4639 HIGHLAND, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS,TO ALLOW AN ADDITIONAL 780 SQ. FT. [1,870 SQ. FT. TOTAL] OF SPACE TO BE ADDED TO THE REAR OF THE LAUNDROMAT, DEMOLITION OF AN EXISTING 2-STORY GARAGE APARTMENT AND AN ADDITIONAL FIVE (5) PARKING SPACES. WHEREAS, the City Council approved Ordinance No. 05-004 on January 4, 2005 granting a Specific Use Permit to Johnny Huynh to allow a Laundromat in an RCR (Residential Conservation and Revitalization) District located at 4639 Highland, being Lot 3, Block 1, Eisentraut Addition,City of Beaumont,Jefferson County,Texas,containing 0.75 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, Johnny Huyuh has applied for an amendment to the Specific Use Permit to allow an additional 780 sq. ft. [1,870 sq. ft. total] of space to be added to the rear of the Laundromat,demolition of an existing 2-story garage apartment and an additional five (5) parking spaces; and, WHEREAS,the City Council is of the opinion that the issuance of such amendment to the 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 an amendment to a specific use permit to allow an additional 780 sq. ft. [1,870 sq. ft. total] of space to be added to the rear of the laundromat, demolition of an existing 2- story garage apartment and an additional five (5) parking spaces in an RCR (Residential Conservation and Revitalization) District located at 4639 Highland Avenue, being Lot 3, Block 1, Eisentraut Addition, City of Beaumont, Jefferson County, Texas, containing 0.75 acres, more or less, as described on Exhibit"A" attached hereto and made a part hereof for all purposes, is hereby granted to Johnny Huynh, his legal representatives, successors and assigns. Section 2. That the specific use permit as amended herein is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. 60 60 - t , ♦ ! a // /t a of /t PIE TZ5CA 63CL.Ca Qk♦ = t File 1842-P: Request for an amended specific use permit to allow the expansion of an NORTH existing washateria in an RCR(Residential Conservation and Revitalization)District. . Location: 4639 Highland Avenue . Applicant: Johnny Huynh SCALE 1"=Z00' W � / T P �10 0 AO At A ., \ + AW ARMUR JR N16u.ZA,00L ,♦ SOUTU PARK VG!J SCivnL. PALM AVE. b LLi a C b y 4 i r {ri sa Z � _ _ . 50 z j RCF�1191 kr, /SO 00 t 'z T t I r 4 d 3 /, W T t / + � t9 ♦ a fl� ♦ ,. E. Vl"tlN/A br o 5 VIRGINIA ST. / r At .11 14 IY IN CAMPUS AVE. l ��JI r I ► I so � j so ay '. I .so H I I JI-�CJ a i 11 ip t � ! �t I, -/ � /t /i - /0 I , ,V 7 + I 1 I I t � b I � /0 4 so ; _ 5 1 36 5. 571 37 �- 60 61(29 /so/9 60 - 60 a� h CLARK ST. // I /O��O! I I ♦ ,� T I 6t o q rniI h /f h d 6 57 rA ALL is Iro 9 r4 r t j� ZAVALLA DR. g 0 575 60 6Q 575 60 6\\0 (3-7+5; (6�r�' as[9 a2 es <• 61 n J i rj Ia 14 o /t // ro" 2 + i 7 + °i : 1 t ,'• I r + ! L A fAI i AI YE O 574 60` 60 575 T!.S 60 169 7e d119 65 65 ,a 4 a t / s a/sar, l)T,r(sr�e a tt!t/m n how , 15p,41/3/3 Ir,, /Z , 'M ALABAMA AVE. S0 - - - M£4 L V I St AIM .I . I 1 ti Q l 11 I l/ t0 is i It 17 11 SHELL ST. aZ ! / . i .. ..f.. . I 4 I I I 1s s/ .�o�t,lrin 1 Irr Imp l/♦ r d /ti/r la •_a \\ I I 1 ro a:t �:t., .�, ll, I Ii � 5 r ri to /! I♦ n j /! is I. a i a n �D GARLAND AVE. r EXHIBIT "A" t 5d� 50 � I � . .. ...... .. .......................................... .. ..... .................. ............. .. � i I I I I I Fir oposedlnew per k iIng 2107 S/F 15 spaces l II I I I I I Existing 2 story garage apt. r t Existing 8' wooden fence Proposed to 6e demolished 25 20 LOT 2 LUI 3 LOT 4 L 39'-0" L�0'-0" Proposed addition i 780 S/F I S I TE PLAN I 4635 HIGHLAND RVE. 4".. PROPOSED ADDITIONS TO 39.00 — NRSHATERIR PARKING 14&45 5F 155 30.00 Exist ing 1870 S/F Washate to 14.00 -1 58.00 28,00 1/12 woe aAnP Existig Lands aping i EXHIBIT "B" 25'-0" 20'=0" THOMfksoN "llrPf1e' HIGHLAND oe®cn ie v oe m as v a®oo =M2 4639 HIGHLAND AVENUE � ���° 7 September 26,2006 Consider a request to amend the Zoning Ordinance, Section 30-24 (B), Permitted Use Table, to temporarily require a specific use permit for all uses in the CBD (Central Business District) 4 City of Beaumont tl! • Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 19, 2006 REQUESTED ACTION: Council consider a request to amend the Zoning Ordinance, Section 30-24(B),Permitted Use Table,to temporarily require a specific use permit for all uses in the CBD (Central Business District). RECOMMENDATION The Administration recommends approval of a request to amend the Zoning Ordinance,Section 30- 24 (B), Permitted Use Table, to temporarily require a specific use permit for all uses in the CBD (Central Business District). BACKGROUND The City of Beaumont is beginning the process of formulating a Downtown Plan for the Central Business District. For the purposes of this plan,the boundaries of the planning area are IH-10 on the north, the Neches River on the east, Blanchette on the south, M.L. King, Jr. Parkway on the west, Calder on the north and Magnolia on the west. Due to a concern that incompatible land uses might be introduced to the Central Business District before the plan and any resulting Zoning Ordinance amendments are completed and adopted, staff is recommending that Section 30-24(B),the Permitted Use Table,be amended to require a specific use permit for all uses in the CBD (Central Business District) zoning district. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 18,2006,the Planning Commission voted 7:0 to approve a request to amend the Zoning Ordinance, Section 30-24 (B), Permitted Use Table,to temporarily require a specific use permit for all uses in the CBD (Central Business District). SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30, ARTICLE VI, SECTION 30-24 (B), PERMITTED USE TABLE, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REQUIRE A SPECIFIC USE PERMIT FOR ALL USES IN THE CBD (CENTRAL BUSINESS DISTRICT); PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 30, Article 6, Section 30-24 (B), Permitted Use Table, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to require a Specific Use Permit for all uses in the CBD (Central Business District) as shown on Exhibits "A" and as reflected in "B." Section 2. THAT if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. THAT all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. THAT any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. - Mayor Guy N. Goodson - ■1 �':� � �� ..tea �'"� YMT OR mom 19imm""M W mez- Vill s� Nor- mmw4m1wm- MR.-Ifflowims ir r �MI W,4 'A L no _ �I SEC 30-24 B PERMITTED USE TABLE REV 8/05 ZONING DISTRICT Parldug Special PERNIITTED PRIMARY USES Group Special SIC A-R R S RM-M RM- RCR NC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP .acM u ru:t 0:0CtION<c al5s 40 (except as noted) S 018 Horticultural Specialties 8 (including retail sales) ft ru .�g0 15 (except as noted) S 1074 Veterinary Services 14 17 S 10752 Kennels 14 17 S 076 Farm Labor and Management Services 14 (except as noted) S 078 Landscape/Horticultural Services 14 (except as noted) S 0782 Lawn and Garden Services 14 S 0783 Tree Services 7 S 7 (U1W1N iN#,4t1A> tY#A[ ;Qf;Nflsles 7 S : ut>~ �x . at�,terott . ::::<;:::::. 7 23 S £& .:. t`cx��T(���€�>� TH��;T HnN <:<:.:::::.::::; 7 23 ::'Btl ..>... CIIN;�F2UCTtON EXHIBIT "B" SEC 30-24 B PERMITTED USE TABLE REV 8,05 ZONING DISTRICT Parking Special PERNHTTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM-H RCR NC - GC-MD GC-MD-2 CBD C-M LI III PUD GROUP S ITtA1X..R.s::.::::::::.:::::::.. F[]QD#iNIIKIyE1REDP>xQB[IGTS.. 7 18 (except as noted) 12013 Sausage and Other Prepared Meat Products 7 1$ 202 Dairy Products 7 18 203 Canned and Preserved Fruits and Vegetables 7 1 8 2045 Prepared Flour Mixes and Doughs 7 18 S 205 Bakery Products 7 18 S 2064-67 Candy and Other Confectionary Prod. 7 18 2085 Distilled and Blended Liquers 7 18 S 2086 Bottled and Canned Soft Drinks and 7 18 Carbonated Waters 2087 Flavoring Extracts and Syrups,Not 7 18 Elsewhere Classified 209 Misc.Food Prep.and Kindred Products 7 18 7 18 :< : : ;::» >::;::::>::::>:>;:: TE 7 18 S APP1kR�#.S_£l�HER�Et�I�N£t�: L3D ::s:;:;:;:.;.: 7 1 8 4M.PAfVC.8 4. 243 Millwork,Veneer,Plywood and 7 18 Structural Wood Members 1244 Wood Containers 7 18 12499 Wood Products,Not Elsewhere Classified 7 18 25 <::<:.. 7 18 I SEC 30-24 B PERMITTED USE TABLE REV 8/05 ZONING DISTRICT Parldng Special PERNUTTED PRIMARY USES Group Cond. SIC A-R R4 RM-M RM-H RCR INC I GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP nit Aa,�t o 18 (except as noted) 1265 Paperboard Containers and Boxes 7 18 267 Converted Paper and paperboard 7 18 Products,except containers and boxes S C#tFl7 . .. iSt�41 A.13:141 1ED<:£: :::: (except as noted) 283 Drugs 7 2892 Explosives 7 . s WOO 7 ;:.......... ...:.... 295 Temporary Batching Plants 7 10 ft Aim.Kell CLC>::>:<: '> >::>:: »:::;:>::>: z:; 7 18 #.E 1 H ....H (except as noted) 311 Leather Tanning and Finishing 7 18 t .....:;:..::::;:.: 7 18 PFt..pr 5:fe?cce?: ate ......:........ 1324 Cement,Hydraulic 7 18 327 Concrete,Gypsum and Plastic Products 7 18 (except as noted) 3273Temporary Batching Plant 7 10/18 329 Abrasive,Asbestos,and Miscellaneous 7 18 Non-Metallic Mineral Products 7 )...... ..t41ETIkt:INt]tJST fiEES.::.: SEC30-24 B PERMITTED USE TABLE REV S105 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A RI RM-M RM-H RCR NC "r GC-MD GC-MD-2 CBD C-M LI M PUD GROUP aa�a�ea� �r�at rs ,. 7 18 GfEJip. 3441 Fabricated Structural Steel 7 18 3443 Fabricated Plate Work(Boiler Shops) 7 18 346 Metal Forgings and Stampings 7 18 348 Ordinance and Accessories except 7 —18 Vehicles and Guided Missiles 349 Miscellaneous Fabricated Metal Prod. 7 18 X. i]STARPANI�COMNI,:NIAC IN£I Y...: 18 351 Engines and Turbines 7 18 rT 3523 Farm Machinery and Equipment 7 18 3524 Garden Tractors and Lawn and Garden 7 18 Equipment 353 Construction,Mining and Materials 7 18 Handling Machinery and Equipment 354 Metalworking Machinery and Equipment 7 18 355 Special Industrial Machinery except Metal- 7 18 working Machines 356 Gen.Industrial Machinery and Equipment 7 18 357 Computer and Office Equipment 7 18 1358 Refrigeration&Service Industry Machinery 7 18 359 Miscellaneous Industrial and Commercial 7 18 Machinery and Equipment S t. . C AiJD OTH£it EL.. k 1CAL;::....... 7 >E >:P::::>: 7 18 S 3732 Boat Building and Repair 7 SEC30-24 B PERMITTED USE TABLE REV 8/05 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC -AR R4 RM-M RM- RCR NC GC-MD GC-MD-2 CBD C-M LI Ell PUD GROUP S 7 ITtST'F�El 11A�FsET��r.i!H...gCf�:;;:::.:: RAi?Ikf LH£�.ADD;I'i�¢CKS.;:::::::.;:.::<;< ::.::.:>::>::;::»::<::... .... ..... ..... . ..... ......... ............. . ............ ........ S EtLAtJEi...... EtFA ...... 7 . . S >:>:> S N. fl�##�1 :HIHGIfA ?ASSIsI (� K!(# iflN. x! S 4119 Local Passenger Transportation,Not 7 Elsewhere Classified S Fk (t sP .. nox..>:::;:>:::;::>::»>: 20 20 S � sc�k�rK . 7 18 S wstrtxart ;s : t :::.:;<.:.::.:: 7 n '> ::::::. S Heliport and helistops 41 16 S ..PIP EPT NA�EJTIRE,;Cs� S �CtAt�$F#0RUMN .. (except as noted) S 4724 TRAVEL AGENCIES 14 S Ct3NEMEINICAIfONS 7 SEC 10-24 B PERMITTED USE TABLE REV 8105 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. sIC A-R R-S RM-M RM-H RCR NC GC-MD GC-MD-2 CBD C-M LI ffi PUD GROUP e S 4e,. L1 RfC,GA5 Ah1iE SAND AEtY:: ... ....; . 7 SERVICE(e)qcept as noted) S 4971 Irrigation Systems 7 S 5 tNHpLES�4L ; RAQE Dt#RASt E CxC7Ql3S .::. 8 (except as noted) 5015 Motor Vehicle Parts,Used 8 5093 Scrap and Waste Materials 8 S .::: f.:,Sft4 :3ft/4IE=N q fVEtU. F;E'GLI 7DS: 8 (except as noted) 515 Farm Product-Raw Materials 8 5169 Chemicals and Allied Products,Not 8 Elsewhere Classed S >5 pu '`'" It3A1#SUEPLI Ai£IIN' 8["`'`i:a:: :<"»> «: .... 1F.E.#�QIGII= s <> s: iaLE�ES 8:>::>:s ; ICCB as J:FEF�BId�� i i�e'<i<iE�izr>E � ' > S 527 Mobile Home Dealers 8 S 53>' F.RCH ME$ RUC 10 13 S 12 13 .: ..... ....:::. 13 X171#�N.$,�(�s;r)!gted} S 1551 Motor Vehicle Dealers(New&Used) 24 552 Motor Vehicle Dealers(Used Only) 23 S 553 Auto&Home Supply Stores 13 S 554 Gasoline Service Stations 38 S 555 Boat Dealers 24 S 556 Recreational&Utility Trailer Dealers 24 S 557 Motorcycle Dealers 14 S 559 Auto Dealers,Not Elsewhere Classified 23 SEC 30-24 B PERMITTED USE TABLE RzV 8/05 ZONING DISTRICT Paridng Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM- RCR NC F GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP S Aar , : � a�sxflrtr~s 13 13 S :5fi kIQ.:E.fUl�tsllStitNG U NI F34 ,.. ..::. .....,.. 14 13 Al�tt1= :P MEN#:>S>;>i:>: >» <:z<> £A7iN tx B�:QRINICIN�x:PL► €S:#as;troted:;;;;::,;:.;;;: 2 S 5812 Eating Places(Inc.Carry Out Caterers) 26 9 11 S 15813 Drinking Places 26 iseED :Rr 13 S 591 Drug Stores and Propriety Stores 13 S 592 Liquor Stores 13 S 593 Used Merchandise Stores 14 21 S 5941 Sporting Goods and Bicycle Shops 13 S 5942 Book Stores(General) 13 5942 Book Stores(Adult) 13 2 (including gifts and novelties) S 5943 Stationery Stores 13 S 5944 Jewelry Stores 13 S 5945 Hobby,Toy and Game Shops 13 S 5946 Camera and Photography Supply Stores 13 S F. ---5947 Gift,Novelty and Souvenir Stores 13 S 5948 Luggage and Leather Goods Stores 13 S 5949 Sewing,Needlework and Piece Goods Stores 13 S ±--596 Nonstore Retailers 7 S 598 Fuel Dealers 15 S 599 Retail Stores,Not Elsewhere Classified 13 S ....:.; 14 S �to> .a. a r t�asrtxu ft3rf .. 14 S g < : >»�ERI : Cfltlzl EES,,.EXGHANtsEEIS:B<:SER\t10E5 ;;:-:;.::. SEC 30-24 B PERMITTED USE TABLE REV 8/05 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC FA-RR-S RM-M RM-H RCR NC _ -_ GC-MD GC-MD-2 CBD C-M ILI HI PUD GROUP S RV.1 S ... S 6553 Cemetery Subdivision and Developers 41 (subject to state statutes) S 8<: :» 7 �...:::.��..DSH�R1N1fE�..T.:DFfifrES ::: :> 14 .;;;:.:<.::;:.>:. S 701 Hotels,Motels and Tourist Camps 1 S 701 Bed and Breakfast Facilities 42 22 S 702 Rooming and Boarding Houses 1 S 703 Camps and Recreational Vehicle Parks 55 S 704 Organization Hotels and Lodging Houses on 1 Membership Basis >*INk ::SERVIG000.r1#. S 7211 Power Laundries,Family and Commercial 7 S 7212 Garment Pressing and Agents for 7 Laundries and Dry Cleaning S 7213 Linen Supply 7 S 7215 Coin-Operated Laundries and 39 Dry-Cleaning S 7216 Dry Cleaning Plants 7 S 7217 Carpet and Upholstery Cleaning 7 S 7218 Industrial Launderers 7 S 7219 Laundry and Garment Services, 7 Not Elsewhere Classified S 722 Photographic Studios,Portrait 14 S 723 Beauty Shops 11 S 724 Barber Shops 11 SEC 10-24 B PERMITTED USE TABLE REV 8/05 ZONING DISTRICT Parldug Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM-H RCR NC GC-MD GC-MD-I CBD C-M LI III PUD GROUP S 725 Shoe Repair Shops,Shoe Shine Parlors 13 and Hat Cleaning Shops S 1726 Funeral Services and Crematories 25 S 729 Misc.Personal Services(except as noted) 14 Massage Parlors 13 2 Adult Modeling or Photo Studio 13 2 id S 7311 Advertising Agencies 14 S 7312 Outdoor Advertising Services 14 S 17313 Radio,Television and Publishers' 7 Advertising Representatives S 7319 Advertising,Not Elsewhere Classified 14 S 732 Consumer Credit Reporting Agencies, 14 Mercantile Reporting Agencies and Adjustment and Collection Agencies S 1733 Mailing,Reproduction,Commercial Ar t&. 14 Photography,and Stenographic Services S 734 Services to Dwellings and Other Buildings 7 S 735 Miscellaneous Equipment Rental and 7 13 Leasing(as noted) S 7352 Medical Equipment Rental and Leasing 7 13 S 17353 Heavy Const.Equipment Rental and 7 13 Leasing S 7359 Equipment Rental and Leasing,Not 7 13 Elsewhere Classified 736 Personnel Supply Services(as noted) S 7361 Employment Agencies 14 S 7363 Help Supply Services 14 S 737 Computer and Data Processing Services and 14 Other Computer Related Services S 738 Miscellaneous Business Services 14 13 (except as noted) S 7389 Business Services,Not Elsewhere 7/14 Classified(of a general office character) SEC W-24 B PERMITTED USE TABLE REV 8/05 ZONING DISTRICT Parking Special PERM=PRIMARY USES Group Cond. SIC A-R IR-S RM-M RM-H RCR NC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP Ali'1'OMOTIV[=;R PAUFF,S #tVC ES. IVI) ....:;:.. :.; S 751 Automobile Rental and Leasing 24 S 752 Automobile Parking Q S 7532 Top and Interior Repair Shops 19 9 S 7532 Paint and Body Repair Shops 19 9 S 7533 Automotive Exhaust System Repair Shops 19 9 S 7534 Tire Retreading Shops 19 S 7534 Tire Repair Shops 19 S 7536 Automotive Glass Replacement Shops 19 9 S 7537 Automotive Transmission Repair Shops 19 9 S 7538 General Automotive Repair Shops 19 9 S 7539 Automotive Repair Shop,Not 19 9 Elsewhere Classified S 754 Automotive Services,Except Repair 9 15 E...I.AI..E(a1tS;R S 762 Electrical Repair Shops 13 S 763 Watch,Clock,and Jewelry Repair 13 S 764 Reupholstery and Furniture Repair 14 S 7692 Welding Repair 7 S 7694 Armature Rewinding Shop 7 S 7699 Repair Shops and Related Services 7 Not Elsewhere Classified #kt47TE t`f Ptf�T ES:(a[s;ttofoo ^> 2 S 781 Motion Picture Prod.and Allied Services 7 S 782 Motion Picture Dist.and Allied Services 7 S 7832 Motion Picture Theater's,(exc.Drive-In) 25 ---+ 7832 Adult Motion Picture Theater's 25 2 S 7833 Drive-in Motion Picture Theater's 6 S 7841 Video Tape Rental 14 2 SEC 10-24 B PERMITTED USE TABLE REV 8/05 ZONING DISTRICT nParWngSpedal PERNHTTED PRIMARY USES d. SIC A-R R-S RM-M RM-H RCR NC " GC-MD GC-MD-2 CBD C-M LI ffi PUD GROUP Y8? ft Nl ....T 3 t C.... C YI . .:...........:....... 2 .................................................................................... rPT[1VkOi41RICTki FkES faacxte..:):: 791 Dance Studios,Schools and Halls 14 792 Theatrical Producers,Bands,Orchestras 14 and Entertainers S 793 Bowling Centers 32 S 794 Commercial Sports 25 S 7991 Physical Fitness Facilities 14 S 7992 Public Golf Courses 33 S 1 7993 Coin-Operated Amusement Devices 12 S 7996 Amusement Parks 41 S 7997 Membership Sports and Rec.Clubs 13 S 7999 Amusement and Recreation Services, 26 Not Elsewhere Classified S 1801 Offices and Clinics of,Drs.of Medicine 14 S 802 Offices and Clinics of Dentists 14 S 803 Offices and Clinics of Drs.of Osteopathy 14 S 804 Offices and Clinics of Other Health 14 Practitioners Inc. Massage Therapist S ' 805 Nursing and Personal Care Facilities 28 S 806 Hospitals 28 S 807 Medical and Dental Laboratories 7 S 808 Home Health Care Facilities 14 S 809 Miscellaneous Health and Allied Services 18 Not Elsewhere Classified ........................ ........................................................ .......................................................................................... .......................................................................................... .......................................................................................... Se> : ::::;:: 14 ........................ ..................:...................................................................... . .......................................................................................... S 1821 Elementary Schools 30 S 821 Secondary Schools 30/31 S 822 Colleges,Universities,Professional 30/31 Schools and Junior Colleges SEC30-24 B PERMITTED USE TABLE REV 8105 ZONING DISTRICT Parldng Special PERAUTTED PRIMARY USES Group Cond. SIC A-R R.1 RM-M RM-El RCR INC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP S 823 Libraries 8 r S 1824 vocational Schools 30/31 S 829 Schools and Educational Services, 30/31 Not Elsewhere Classified S s< ><>;:> S 8361 Residential Care(except as noted) 41 19 S Halfway Homes for Delinquents 41 19 and Offenders S 84 N 1Vf3C-iSM `<' S 1 1 861 Business Association 14 S 862 Professional Membership Organizations 14 S 863 Labor Unions and Similar Labor Organ. 14 S 864 Civic,Social and Fraternal Associations 14 S 1865 Political Organizations 14 S 866 Religious Organizations 18 S 869 Membership Organizations,Not 14 Elsewhere Classified S E0 , ut ....:::.:......:::.:::::::: 14 S 873 Research,Development and Testing 7 Services (except as noted) S 8734 Testing Laboratories 14 s>~R, MOT��s�wrtt s ��c�css�t>Ke*.. 14 I SEC 10-24 B PERMITTED USE TABLE REV 8/05 ZONING DISTRICT Paridng Special PERMITTED PRIMARY USES Group Cond. SIC -AR K S RM-M RM-H RCR NC NSC GC-MD GC-MD-2 CBD C-M LI ID PUD GROUP .......................................................................................... .......................................................................................... .......................................................................................... .......................................................................................... .......................................................................................... .......................................................................................... .......................................................................................... s���Ay�G�Sl�i2NIN�l��'USE; If?�faltc=/tdriiri� ? S Federal,State and Local Government 14 S Excluding Districts and Authorities S Districts and Authorities 14 ........................................................................................ .......................................................................................... ................ .......................................................................... 7 a ::: or�cxsASEsrRasHrTS>' `<> > 41 .......................................................................................... .........:......................................................................:......:.: .......................................................................................... .......................................................................................... .......................................................................................... .......................................................................................... .......................................................................................... .......................................................................................... 9991 Jails,Correctional Facilities,Detention 41 Centers,Prisons and Prison Camps, Privately Owned and Operated z'<IfflbtCs3`IF` Gti#3SS`< < ': > ':!>=;; <? <; .......................................................................................... ........................................:................................................. .......................................................................................... .......................................................................................... .......................................................................................... .......................................................................................... ..........................I............................. S 1 Single-Family Dwellings 3 S Two-Family Dwellings 3 S Multi-Family Dwellings 2 S •Cluster Housing 3 1 Mobile Home Park 4 4 Mobile Home Subdivision 4 4 Model Dwelling Unit 3 S Family Home(see definition) 41 .. ..... .......:...... S Accessory Building,Structure or Use 7/14 Garage Apartment 1 5 Home Occupation 14 S Servants or Caretakers Quarters 1 6 S Private Recreational Facility 8 S Swimming Pool 3 S Solar Collectors SEC 30-24 B PERMITTED USE TABLE REV 8/05 ZONING DISTRICT Par{dne Special PERNUTTED PRIMARY USES Group Cond. SIC A-R R-S RM-M RM- RCR NC ' GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP .........:....:::;::iii::: F!U t 1? E}11111L.:.:.........:::::::::;,;:.::::.::::.:.:.,...:_......... S Cable Television,Transmission Line S Electrical Transmission Line S Fiber Optic Cable Communications Line S Electrical Generating Plant 41 S Electrical Substation 41 S Local Utility Service Line 41 S Radio,Television,Microwave and Cellular 41 24 Telephone Transmission Towers S Railroad Tracks and Switching Yards S Sewage Pumping Station 41 aS I Sewage Treatment Facilities 41 S Telephone Exchange,Switching Relay or 41 Transmitting Station S Utility Service or Storage Yard or Buildings 41 S Water Standpipe or Elevated Supply,Water- 41 Reservoir Well or Pumping Station aS Water Treatment Plant 41 S Utility Business Office 14 8 September 26, 2006 Consider a request to abandon the 20' alley in Block 12, McFaddin 2nd Addition between 2nd and 3rd streets 4 ti 7SJ- J Cit y of Beaumont Council Agenda Item O TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 19, 2006 REQUESTED ACTION: Council consider a request to abandon the 20' alley in Block 12, McFaddin 2"Addition between 2n1 and Yd streets. RECOMMENDATION The Administration recommends approval of the request to abandon the 20' alley in Block 12, McFaddin 2nd Addition between 2nd and 3rd streets subject to retaining a 20' wide general utility easement. BACKGROUND George and Sandra Bullington, Gilbert Adams and St. Giles Living Centers,Inc. are requesting the abandonment of the 20'wide alley in Block 12,McFaddin 2'Addition. All but two property owners within this block would like the alley abandoned. The applicants state that over the past few years, there has been an increase in the number of vagrants and street people wandering through the alley. There have been several instances of graffiti and broken windows. Over the past year, adjacent property owners are now having extensive vandalism to vehicles along with theft from properties and vehicles. This item was sent to all interested parties. Centerpoint Energy states that it has a 2"gas main in the alley. City of Beaumont Water Utilities has a 6" concrete sanitary sewer main in the alley. AT&T states that it has two buried communication cables in the alley. Entergy has three phase 4 KV distribution facilities in the alley. Time Warner Cable states that it has cable lines on existing power poles in the alley. All have stated that the retention of a general utility easement would suffice if the alley is abandoned. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held September 18, 2006, the Planning Commission voted 7:0:1 to approve a request to abandon the 20' alley in Block 12, McFaddin 2nd Addition between 2nd and 3rd streets subject to retaining a 20'wide general utility easement. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 20' ALLEY IN BLOCK 12, MCFADDIN 2ND ADDITION BETWEEN 2ND AND 3RD STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 20' alley in Block 12, McFaddin 2nd Addition between 2nd and 3rd streets, being the 20' x 300' alley located in Block 12, McFaddin 2nd Addition, City of Beaumont, Jefferson County, Texas, containing 0.137 acres, more or less, as shown on Exhibit"A" attached hereto, be and the same are hereby vacated and abandoned subject to retaining a 20' wide general utility easement. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. - Mayor Guy N. Goodson - it iz File697-OB: Request for an abandonment of the 20' alley in Block 12,McFaddin 2nd NORTH Addition, . Location: Between 2nd and 3' Streets + Applicant: George Bullington SCALE 1"=200' 13 lam; x 50 630 Yow 50 j 30 50 130 66.6 � O ! C 4f5 .P � 1� e6 l. ' � l � P � 1� 6 � Jt �.7 � I - l:' -�.t ! I li �- / J ♦ l ± VE So so - - So sv. C.ALDS AV r—? I 'Irmo O i 1 50. So JO 30 - 50 11 I It$ $7 I ! 10 // !r`.1 T ; ! ! ! O i // I /t I s I I i 1 ! ! - 30 - r' - .,, � 8¢DAT.�kt4Y�kvi£. t 50 50 506o e 10 11r ! rP^ 9 !o n � 12 to • i ! i to i r! 6 7 B 9 AWE. i . EXHIBIT 6&A9$50 50 50 9 September 26, 2006 Consider approving a resolution to provide for the reimbursement of costs incurred prior to issuance of$35 million in Certificates of Obligation or other tax exempt obligations J WV_ Ci of Beaumont U713J Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S.Duplant, Chief Financial Officer MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 21, 2006 REQUESTED ACTION: Council consider a resolution to provide for the reimbursement of costs incurred prior to issuance of$3 5 million in Certificates of Obligation or other tax exempt obligations. RECOMMENDATION The administration requests approval of a resolution concerning the issuance of Certificates of Obligation or other tax exempt obligations to finance street and drainage improvements, building renovations, equipment and other capital improvements and provide for the reimbursement of costs incurred prior to issuance. BACKGROUND A maximum of$3 5 million in Certificates of Obligation is expected to be issued in November or December, 2006 to fund various public works and general improvements projects.It is necessary to incur some ofthe costs associated with these projects prior to the issuance ofthe obligations. It is the intent ofthe City to reimburse itself out ofthe proceeds ofthe obligations for all such costs which are paid prior to issuance. These costs shall include fees paid for engineering and other professional services, acquisition costs associated with obtaining materials and property,and construction and development costs on upcoming projects such as downtown improvements on Willow and Park,detention facility hike&bike trail,and installation of illuminated street markers BUDGETARY IMPACT All debt and related expenses shall be incurred by the Debt Service Fund which is supported by property taxes. RESOLUTION CONCERNING ISSUANCE OF CERTIFICATES OF OBLIGATION OR OTHER TAX EXEMPT OBLIGATIONS TO FINANCE BUILDING RENOVATIONS, EQUIPMENT AND OTHER CAPITAL PROJECTS WHEREAS, the City of Beaumont, Texas (the "City") desires and intends to construct and make improvements within the City and to expand and improve City buildings, acquire equipment, improve streets and drainage, make park improvements and make other capital improvements located within the City (collectively, the "Project" ) ; and WHEREAS, in order to finance and pay the costs of the Project, the City intends to issue certificates of obligation or other tax-exempt obligations in the aggregate principal amount of up to $35, 000, 000 (the "Obligations" ) , in one or more installments and series, and payable from ad valorem taxes and any other sources pledged to the payment thereof; and WHEREAS, in view of rising construction costs, the necessity of compliance with administrative regulations, the necessity of acquiring materials and other property for the Project and the necessity of employing certain professionals in connection with the development of the Project, it is considered essential and necessary for the City to employ and pay certain professionals, acquire materials and other property for the Project and begin construction of and work on the Project prior to the completion of the issuance of the Obligations; and WHEREAS, it is the City' s intention to reimburse itself out of the proceeds of the Obligations for all expenses and costs paid by the City prior to the issuance of the Obligations that are incurred and paid in connection with the development of the Project, including but not limited to expenses and fees paid for engineering and other professional services, acquisition costs associated with obtaining materials and property for the Project, and construction and development costs associated with the Project; and WHEREAS, the City finds, intends and declares that this resolution and order shall constitute its official binding commitment and official declaration of intent made pursuant to the Internal Revenue Code of 1986, as amended (the "Code") and the regulations pertaining thereto, including but not limited to Treasury Regulation Section 1 . 150-2, whereas, subject to the terms hereof, the City declares that it intends to reimburse itself out of the proceeds of the Obligations for the expenses and costs paid in connection with the development of the Project prior to the issuance of the Obligations, and the City declares its intent and commits to issue the Obligations, in one or more series, in the maximum aggregate principal amount of up to $35, 000, 000 for the purpose of financing the costs of acquisition, expansion, renovation, construction, reconstruction, repairs, equipping, furnishing and improvement of the Project, and expenses and costs of the City in connection with the issuance of the Obligations; and WHEREAS, the City Council, on behalf of the City, finds, considers and declares that the issuance and sale of the Obligations in the amount and for the purposes set forth will be appropriate and consistent with the objectives of the City and the laws authorizing the issuance of the Obligations, and that the adoption of this resolution and order is and constitutes and is intended as (1) an inducement to proceed with providing for the acquisition, expansion, renovation, construction, reconstruction, repairs, equipping, furnishing and improvement of the Project, and (2) the taking of affirmative official action by the City, acting by and through the City Council, toward the issuance of the Obligations and the reimbursement to the City out of the proceeds of the Obligations for costs and expenses paid in connection with the Project prior to the issuance of the Obligations, all within the meaning of federal income tax laws and regulations with respect to issuance of tax-exempt obligations; and WHEREAS, the City has given notice of the meeting at which this Resolution is to be adopted as required by the Texas Open Meetings Law, Chapter 551 of the Texas Government Code Annotated Vernon' s 1994, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT: Section 1 . Subject to the terms hereof, the City Council agrees on behalf of the City that it will : a. Issue the Obligations in one or more series, after the date hereof to provide for the financing of the Project, in the maximum aggregate principal amount up to $35, 000, 000, if the City Council determines that the terms of such financing are in the City' s best interest; b. Take such action and authorize the execution of such documents as may be necessary in connection with the issuance of the Obligations, providing, among other things, for payment of the principal of, interest on, paying agents ' charges and other fees, if any, on the Obligations, and the acquisition, expansion, renovation, construction, reconstruction, repairs, equipping, furnishing, improvement, use and operation of the Project, all as shall be authorized, required or permitted by law and shall be satisfactory to the City; and C . Take or cause to be taken such other actions as may be required to implement the aforesaid undertakings or as the City may deem appropriate in pursuance thereof. -2- Section 2 . This resolution and order shall constitute the official declaration of intent by the City pursuant to which the City declares that it intends to reimburse itself out of the proceeds of the Obligations for expenses and costs paid by the City prior to the issuance of the Obligations in connection with the development of the Project, including but not limited to expenses for engineering fees and other professional fees, and costs for acquisition of materials and property for the Project and construction and development costs related to the Project . This declaration is made pursuant to Treasury Regulation Section 1 . 150-2 and generally with the laws and regulations of the federal income tax laws governing the issuance of tax-exempt obligations. Section 3 . This resolution and order and the declaration of official intent herein shall be available for public inspection at all times at the City' s business office and shall remain available for public inspection until the Obligations are issued and thereafter this resolution shall be maintained as part of the permanent records of the City Council of the City. PASSED AND APPROVED this day of September, 2006 . THE CITY OF BEAUMONT, TEXAS By: Mayor ATTEST: CITY CLERK THE CITY OF BEAUMONT, TEXAS (SEAL) -3- to September 26, 2006 Consider approving a one year contract with McGriiT, Seibels& Williams of Texas, Inc. for Employee Benefits Broker/Consulting services LIEJJCity of Beaumont ...01 .1 Council Agenda Item K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 20, 2006 REQUESTED ACTION: Council approval of a one year contract with McGriff, Seibels & Williams of Texas, Inc. for Employee Benefits Broker/Consulting services. RECOMMENDATION Administration recommends that council award to McGriff, Seibels & Williams of Texas, Inc. a one year contract with an optional annual renewal not to exceed two additional years. The annual fee quoted is effective October 1, 2006 and the extension of the contract will be on a year-to-year basis to a maximum of three years if it is determined to be in the best interest of the City. BACKGROUND The Employee Benefits Division of the Finance Department sought proposals from qualified licensed brokers/consultants to provide employee planning, consulting and brokerage services in the areas of plan design, administration of contracts, plan renewal and the overall maintenance and administration of the City's medical, dental, life and accidental death and dismemberment, supplemental life insurance,long-term disability,employee assistance program,flexible benefit plans along with other agreed upon projects. In July 2006, City staff requested proposals to provide the City with Employee Benefits Broker/Consulting services. The City received seven proposals which ranged from annual costs of $40,000 to $165,000. The results of the top three proposals are attached for your review. Two of these three companies made presentations to staff relative to their services,the third company fielded questions by phone. City staff recommends awarding the contract to McGriff, Seibels&Williams of Texas, Inc. because of their wide range of health and welfare brokerage and consulting services offered. McGriff, Seibels & Williams of Texas, Inc. offers services requested by the City at a competitive price. They also offer the following services: legal/compliance, communication, marketing, analysis and negotiation of health and welfare programs. BUDGETARY IMPACT Appropriation of funds is available in the Employee Benefits Fund. PREVIOUS ACTION Previous contract with McGriff, Seibels &Williams of Texas, Inc. began in July, 2001. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief Financial Officer. Consultant Bid Response Comparison Summary Holmes Murphy & Entrust McGriff, Seibels Associates,Inc. &Williams of Texas, Inc. Public Entity City of North Richland Hills, Kingsville, TX Missouri City,TX Clients TX Southeast Texas Government Portland, TX Texas City, TX Employee Benefits Pool (Jefferson County, Drainage District 3 & 6) Waco, TX Regional Transportation Corpus Christi, TX Authority Account 13 Years,Public Sector 2 Years 8 Years Manager 20+Years,Benefits Experience Experience Location of Dallas,TX/Village Mills,TX Houston,TX Houston, TX Office Assigned to City Account Fees $55,000/Annually None. However City must $40,000/Annually utilize The Cooperative Purchasing Network (TCPN) for Third Party Administration. The City currently uses BCBSTX. Any outside professional would be charged on an hourly basis on a pass through cost plus 5% handling fee. Experience of Holmes Murphy&Associates McGriff, Seibels &Williams Firm was established in 1932. It is (MSW) of Texas, Inc. was among the 29 largest insurance formed in the late 1800's. brokerage and consulting firms MSW was a privately held in the USA and is among the company until February 2004. nation's top 10 privately-held MSW joined the BB&T family insurance advisory firms. The of companies to create the 7' proposed service team has a largest insurance brokerage in combination of 113 years of the nation and the 8'largest in industry experience. the world. The proposed service team has a combination of 85 years of industry experience. RESOLUTION NO. WHEREAS, bids were received for a three year contract to provide employee planning, consulting and brokerage services in the areas of plan design, administration of contracts, plan renewal and the overall maintenance and administration of the City's medical, dental, life and accidental death and dismemberment, supplemental life insurance, long-term disability, employee assistance program,flexible benefit plans along with other agreed upon projects for the Employee Benefits Division of the Finance Department; and, WHEREAS, McGriff, Seibels&Williams of Texas, Inc. submitted a bid in an annual amount of $40,000; and, WHEREAS, City Council is of the opinion that the bid submitted by McGriff, Seibels & Williams of Texas, Inc. should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by McGriff, Seibels & Williams of Texas, Inc. for a one year contract, effective October 1, 2006, with an optional annual renewal not to exceed two additional years for Employee Benefits Broker/Consulting services in the annual amount of $40,000 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - 11 September 26,2006 Consider approving the purchase of one (1) compactor for use at the landfill V~ City of Beaumont 6*6088 Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 15, 2006 REQUESTED ACTION: Council approval of the purchase of one(1)compactor for use at the landfill. RECOMMENDATION Administration recommends the purchase of one (1), compactor from Mustang Tractor and Equipment Company of Beaumont in the amount of$532,719 for the Public Works Department, Solid Waste Landfill Division. The purchase will be made through the Texas Association of School Boards(TASB)Buyboard cooperative purchasing program. The Texas Local Government Purchasing Cooperative, administered by TASB, complies with all state bidding statutes. Membership with Buyboard allows municipalities to purchase items from their contracted vendors. BACKGROUND Two (2) compactors are normally available for service at the landfill and are utilized to compact refuse in order to maximize available landfill space. A compactor will reduce waste at the approximate rate of 3 to 1; i.e., 3 cubic yards of refuse compacts to approximately 1 cubic yard of landfill space. At present, both compactors are out of service; one(1), a 2002 Caterpillar, was destroyed by fire while in service August 25, 2006, and the other is being equipped with a new engine. The new compactor will replace the burned unit, and the existing unit will serve as backup. Compaction is currently being performed by use of dozers, which do not perform the task adequately. The wheels and blade from the destroyed unit remain in good working order and will be installed by the vendor onto the new compactor; resulting in savings of approximately $120,000. The contracted Buyboard vendor is Mustang Tractor and Equipment Company of Beaumont. The compactor will be delivered within 15-20 weeks. Included is a standard warranty of six (6) months, and a powertrain warranty of sixty (60) months or 7,500 service hours. Purchase of One(1) Compactor-Landfill September 15,2006 Page 2 BUDGETARYIMPACT Funding for the expenditure will be provided through a lease purchase agreement. PREVIOUS ACTION None. SUBSEQUENT ACTION An amendment to the FY2007 budget will be necessary to appropriate funds for purchase of this compactor by lease. Because the previous compactor was destroyed after the budget was submitted, this expenditure was not anticipated in the FY2007 budget. RECOMMENDED BY City Manager, Public Works Director and Chief Financial Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1) compactor for use at the landfill, Public Works Department, Solid Waste Landfill Division, in the amount of$532,719 from Mustang Tractor and Equipment Company, Beaumont, Texas, a contracted vendor of the Texas Association of School Boards (TASB) Buyboard cooperative purchasing program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. - Mayor Guy N. Goodson - 12 September 26, 2006 Consider approving the purchase of one (1)hazardous materials response unit for use by the Fire Department City of Beaumont CIE. Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 20, 2006 REQUESTED ACTION: Council consider the purchase of one (1) hazardous materials response unit. RECOMMENDATION Administration recommends the purchase of one (1) hazardous materials (haz-mat) response unit from Dooley Tackaberry,Inc.,through the Houston-Galveston Area Council(H-GAC)cooperative purchasing program. The total cost of the unit is$399,547,including an H-GAC administrative fee of$2,000. BACKGROUND The haz-mat unit will provide a comprehensive tactical vehicle for Beaumont Fire Department personnel responding to situations involving hazardous or unknown substances. These situations can include leakage from rail cars, inter-modal containers, pipelines, pressure vessels and other containers used in both transportation and fixed site industrial facilities. Upon response to an incident scene, the haz-mat team's responsibility is to identify the suspect substance, assess the human and environmental risk, react with emergency containment measures when necessary, decontaminate any persons exposed to hazardous materials, and arrange for their transport to an appropriate treatment facility. The haz-mat unit will be manufactured on a custom 38' chassis similar to that of a fire rescue unit. The truck will contain a work center located in the rear of the cab which will house a permanent work desk,communication equipment,haz-mat reference materials, and sufficient twelve(12)volt power connections to operate laptop computers and other necessary electrical devices. The unit will also contain storage areas for all haz-mat equipment and gear, and an 8'x 8'walk-in module which will provide a staging area for personnel to change into gear in route to a response call. Purchase of One(1)Hazardous Materials Response Unit September 20, 2006 Page 2 This unit will replace a 1985 step van which is currently used to transport the haz-mat team and associated equipment. Much of the response equipment is currently stored on a trailer,which must be towed by a separate vehicle to the site. This unit will centralize the City's haz-mat response assets in a single vehicle. The trailer will be ordered from H-GAC's contracted vendor,Dooley Tackaberry,Inc.of Beaumont. Delivery time is estimated to be approximately nine (9)months. BUDGETARY IMPACT Funding will be provided by a 2005 State Homeland Security Program (SHSP) grant. The grant requires no matching funds. PREVIOUS ACTION On September 12, 2006, City Council approved the purchase of a centralized communication command post trailer for use by the Police Department,which will be funded through the Homeland Security Grant Program. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Fire Chief and Chief Financial Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one(1)hazardous materials(haz- mat) response unit from Dooley Tackaberry, Inc. through the Houston-Galveston Area Council (H-GAC) cooperative purchasing program in the amount of$399,547. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. - Mayor Guy N. Goodson - 13 September 26,2006 Consider authorizing the City Manager to increase the Proposed 2 MG Elevated Water Tank at Dishman Road Project amount for"extra work" I clail City of Beaumont A c g Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hani J. Tohme,Water Utilities Director MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 20, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Proposed 2 MG Elevated Water Tank at Dishman Road Project amount for "extra work." RECOMMENDATION Administration recommends approval of increasing the Proposed 2 MG Elevated Water Tank at Dishman Road Project amount by$114,489.00. The proposed changes to the original contract will extend the length of auger piles from 70 feet to 85 feet,increase the number of piles from 102 to 132 and increase the size of the piles cap. The proposed changes will reduce the size of the overflow line from 24 inches to 16 inches, reduce the size of the drain line from 24 inches to 12 inches and reduce the size of the access tube from 6 feet to 5 feet. The proposed change order will increase the total contract amount by 3.96%. BACKGROUND The City of Beaumont was cited by TCEQ for not having sufficient elevated storage capacity for the number of customers served.The City is required to eliminate the deficiency before August 2008.The proposed improvements will provide the water system with additional elevated storage capacity required to meet State and Federal regulations. In addition, the new elevated tank will increase the water pressure in the area and provide adequate water supply for future development.The soil testing conducted prior to construction reflected a weaker soil than the test performed during the design phase. Based on this information,the engineer recommended an increase in the number of pilings and their depth. BUDGETARY IMPACT Funds for the project are available in the Capital Program. PREVIOUS ACTION Resolution 06-185 in the amount of$2,778,000.00 was passed by City Council on June 14, 2006. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. APPROVAL OF CONTRACT CHANGE Change Order No.1 Date:September 19,2006 Project: City of Beaumont,Texas Proposed 2 MG Elevated Water Tank At Dishman Road Owner: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 Contractor: Landmark Structures 1665 Harmon Road Fort Worth,Texas 76177 To the Owner: Approval of the following contract change is requested. Reason for Change:To provide additional auger pile length,increase the number of piles,and increase size of the pile cap based on results of the pile load test. To reduce the size of the overflow line from 24"to 16", reduce the size of the drain line from 24"to 12"and the reduce the size of the access tube from 6'to 5'. ORIGINAL CONTRACT AMOUNT: $2.778.000.00 THIS CHANGE ORDER: Description Net Change Extend length of auger piles from 70'to 85',increase the $131,489.00 number of piles from 102 to 132,increase the size of the piles cap Reduce the size of the overflow line from 24"to 16" ($8,700.00) Reduce the size of the drain line from 24"to 12" ($6,000.00) Reduce the size of the access tube from 6'to 5' ($2,300.00) TOTAL AMOUNT OF THIS CHANGE ORDER: $114,489.0 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $2,892,489.00 CONDITION OF CHANGE; "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved By: Accepted by: Z CJE�� — �Polk,lnc.*Enginee b r City of Beaumont Lan ark Structures Owner Contractor Date: 9-1$-0b Date: Cj �¢ Date: RESOLUTION NO. WHEREAS, on June 14, 2006, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-185 awarding a contract in the amount of $2,778,000 to Landmark Structures, Fort Worth, Texas, for the Proposed 2 MG Elevated Water Tank at the Dishman Road Project; and, WHEREAS, Change Order No. 1, is required to extend the length of auger piles from 70 feet to 85 feet, increase the number of piles from 102 to 132 and increase the size of the piles cap, reduce the size of the overflow line from 24 inches to 16 inches, reduce the size of the drain line from 24 inches to 12 inches and reduce the size of the access tube from 6 feet to 5 feet thereby increasing the contract amount by $114,489 which increases the total contract amount to $2,892,489. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 increasing the contract amount by$114,489 for a total amount of$2,892,489 for Proposed 2 MG Elevated Water Tank at the Dishman Road Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. - Mayor Guy N. Goodson - 14 September 26, 2006 Consider approving an ordinance allowing for an additional six(6) months for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired I City of Beaumont EL�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 19, 2006 REQUESTED ACTION: Council consider passage of an ordinance allowing for an additional six (6) months for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. RECOMMENDATION The Administration recommends approval of an ordinance allowing for an additional six(6)months for the parking,use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. BACKGROUND Due to extensive property damage caused by Hurricane Rita, on October 11, 2005, City Council approved Ord.No. 05-078 which allows residents to park,use and occupy recreational vehicles and travel trailers on their properties while repairs to their homes are being made. This ordinance specified a time frame of six(6)months. On April 4,2006,the City Council approved Ord.No.06- 021, granting a six (6)month extension. However, due to many unresolved issues,there are still a large number of individual property owners who are unable to get back in their homes. Allowing the continued use of recreational vehicles and travel trailers as living quarters for an additional six (6)months would benefit those whose homes are still under construction. It would be in the best interest of these residents to allow them to remain close to their properties during this time of repair. It not only allows them to protect their property by being there,but also allows them to remain in the City of Beaumont while their properties are being repaired. BUDGETARYIMPACT None. PREVIOUS ACTION At a Public Hearing held on October 11,2005,the City Council approved Ord.No.05-078 allowing for a period of six (6) months the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. By approving Ord.No.06-021 on April 4, 2006,the City Council extended this time period for six months. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, City Attorney,Public Works Director ORDINANCE NO. ENTITLED AN ORDINANCE EXTENDING FOR A PERIOD OF SIX (6) MONTHS THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL TRAILERS AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE RITA; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. WHEREAS, on October 11, 2005, City Council approved Ordinance No. 05-078 allowing for a period of six (6) months the parking, use and occupancy of recreational vehicles or travel trailers as temporary housing during the period of repair or reconstruction of hurricane-damaged properties; and, WHEREAS,on April 4,2006, City Council approved Ordinance No. 06-021 granting a six (6) month extension; and, WHEREAS, a large number of individual property owners still are presently unable to occupy their residences; and, WHEREAS,the City Council has determined that it is in the best interest of the City of Beaumont to extend the privilege for an additional six (6) month period to allow recreational vehicles or travel trailers to be occupied on residential property as temporary housing during the period of repair or reconstruction of hurricane-damaged properties NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT it is hereby permitted for an additional period of six (6) months from the effective date of this ordinance the parking, use, and occupancy of recreational vehicles or travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. Section 2. It shall be unlawful for any person to park any such recreational vehicle or travel trailer used for purposes of occupancy as temporary living quarters on any street, highway, alley, sidewalk, or other public place in the City of Beaumont. 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 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 26th day of September, 2006. - Mayor Guy N. Goodson - 15 i September 26, 2006 Consider approving a contract for debris removal associated with a hurricane or other natural disaster City of Beaumont ouqws Council Agenda Item c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 19, 2006 REQUESTED ACTION: Council approval to award contracts for debris removal. RECOMMENDATION Administration recommends award of contracts for disaster debris removal services to Crowder-Gulf Disaster Debris Management of Theodore, Alabama, AshBritt Environmental of Pompano Beach, Florida and DRC Emergency Services of Mobile, Alabama. BACKGROUND Eight(8)proposals were received on Thursday,August 2,2006 for furnishing all labor,materials and equipment for debris removal in the event of a disaster. Bid specifications,prepared by Beck Disaster Recovery, Inc.(Beck), included disaster debris removal, reduction, disposal, and other emergency clean-up activities associated with a hurricane or other natural disaster. Specifications allowed the contract to be awarded to one or more vendors as determined by the City. The three(3)year contract includes an option to renew for two one year terms with increases based on the Houston-Galveston-Brazoria Consumer Price Index. Proposing firms were required to have performed at least five debris removal and disposal operations in excess of 1,000,000 cubic yards and provide references for the communities where these operations took place. Bidders were asked to provide a detailed proposal outlying their company's background, organizational chart,list of sub-contractors,technical experience,financial resources and bond rating, training and professional experience, references, mobilization plan, and a complete rate schedule. Rates were based on quantities of materials removed after Hurricane Rita. Total projected cost based on estimated quantities ranged from$39,696,500 to$64,000,000. All of the companies submitting proposals had considerable experience in disaster recovery. Officials from i representatives to discuss and review their Beck performed the initial evaluation and met with City re p P Disaster Debris Removal Services September 19, 2006 Page 2 evaluation of the proposals. It was determined that the company offering the best value to the City was Crowder-Gulf Disaster Debris Management of Theodore, Alabama. They have extensive background in disaster debris management and the financial resources to insure that equipment and sub-contractors will be available to the City in the event ofa disaster. Crowder-Gulfis recommended as the City's primary contractor. Secondary contracts with AshBritt Environmental of Pompano Beach,Florida and DRC Emergency Services of Mobile,Alabama are recommended should there be unforseen circumstances that would prevent Crowder-Gulffrom performing the needed disaster management services. They too have the financial resources and background to provide the services as required. A pre-positioned disaster debris removal contract provides the City with the resources needed in the event of a disaster. Additionally, the City remains in control of the debris removal project and the pre-positioned contract with competitively bid rates meets the Federal Emergency Management Agency's criteria for reimbursement. Crowder-Gulf submitted the lowest cost with AshBritt and DRC submitting the next highest bids, respectively. D & J Enterprises, the apparent low bidder, was not recommended because of their failure to repair damage caused by their subcontractors after Hurricane Rita. D &J was the Corps of Engineers contracted vendor for debris management. In the course of removing debris from city streets, many curbs and catch basins were damaged by their subcontractors. Although they acknowledged and accepted responsibility for the damages, they have not repaired or provided compensation for the damage. BUDGETARY IMPACT Attached is the rate sheet for each recommended vendor. There is no cost to the City until the contract is activated in the event of a disaster. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Director of Public Works. RESOLUTION NO. WHEREAS, bids were received for a contract to furnish all labor, materials and equipment for debris removal in the event of a disaster; and, WHEREAS, the following vendors submitted total projected costs based on estimated quantities as shown on Exhibit "A;" and, WHEREAS, City Council is of the opinion that the bid submitted by Crowder-Gulf Disaster Debris Management, Theodore, Alabama should be accepted as the primary contractor; and the bids submitted by AshBritt Environmental, Pompano Beach, Florida and DRC Emergency Services, Mobile, Alabama, should be accepted as secondary contractors; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Crowder-Gulf Disaster Debris Management, Theodore, Alabama should be accepted as the primary contractor; and the bids submitted by AshBritt Environmental, Pompano Beach,Florida and DRC Emergency Services, Mobile,Alabama, be accepted as secondary contractors, in the total projected costs based on estimated quantities as shown on Exhibit"A"for a three (3)year contract with an option to renew for two one-year terms with increases based on the Houston-Galveston-Brazoria Consumer Price Index be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. - Mayor Guy N. Goodson - DISASTER DEBRIS REMOVAL SERVICES SCHEDULE PRIMARY CONTRACT SECONDARY CONTRACT THIRD CONTRACT Crowder Gulf Disaster AshBritt DRC Debris Management Environmental Emergency Services Theodore,AL Pom no Beach, FL Mobile,AL Estimated Unit Unit Price Line Item Price Unit Price Line Item Price Unit Price Line Item Price Description Quantity Collect&Haul Ve etative-ROW(60-40) 792,000 CYD $8.50 $6,732,000.00 $9.80 $7,761,600.00 $9.86 $7,809,120.00 0 miles-15 miles 15.1 miles-30 miles 396,000 CYD $9.50 $3,762,000.00 $10.45 $4,138,200.00 $10.64 $4,213,440.0 >30.1 miles 132,000 CYD $11.00 $1,452,000.00 $11.10 $1,465,200.00 $11.79 $1,556,280.00 Collect&Haui C&D-ROW 0 miles-15 miles 528,000 CYD $9.00 $4,752,000.00 $10.05 $5,306,400.00 $10.34 $5,459,520.00 15.1 miles-30 miles 176,000 CYD $10.00 $1,760,000.00 $10.70 $1,883,200.00 $11.08 $1,950,080.00 >30.1 miles 176,000 CYD $11.00 $1,936,000.00 $11.35 $1,997,600.00 $12.32 $2,168,320.00 Remove,Collect,&Haul Vegetative-ROW/ROE 0 miles-15 miles 198,000 CYD $9.00 $1,782,000.00 $13.80 $2,732,400.00 $11.94 $2,364,120.00 15.1 miles-30 miles 33,000 CYD $12.00 $396,000-00 $15.10 $$498,300-00 $13-98 $$461,340 00 >30.1 miles Demolish,Collect,&Haul C&D-ROW/ROE 0 miles-15 miles 132,000 CYD $13.00 $1,716,000.00 $15.05 $1,986,600.00 $13.48 $1,779,360. 15.1 miles-30 miles 44,000 CYD $14.00 $616,000.00 $15.70 $690,800.00 $14.46 $636,240.00 >30.1 miles 44,000 CYD $15.00 $660,000.00 $16.35 $719,400.00 $15.74 ,372,560.00 TDSR Site Management 2,310,000 CYD $0.50 $1,155,000.00 $2.00 $4,620,000.00 $1.46 $3,372,600.00 Reduction by Grinding 1,650,000 CYD $3.50 $5,775,000.00 $1.95 $3,217,500.00 $2.98 $4,917,000.00 Reduction by Incineration 0 CYD $2.50 $0.00 $1.65 $0.00 $2.64 $0.00 Haul-out of Reduced Debris 99,000 CYD $4.50 $445,500.00 $4.00 $396,000.00 $3.98 $394,020.00 0 miles-15 miles 188,000 CYD $5.50 $1,089,000.00 $5.00 $990,000.00 $4.99 $988,020.00 15.1 miles-30 miles 693,000 CYD $7.00 $4,851,000.00 $6.20 $4,296,600.00 $6.15 $4,261,950.00 >30.1 miles Household Hazardous Waste 100 LB $5.00 $500.00 $10.45 $1,045.00 $9.98 998. Freon Removal 250 Per Unit $60.00 $15,000.00 $65.00 $16,250.00 $85.00 $21,250.00 Removal of vessels 2000 Liner Ft. $40.00 $80,000.00 $50.00 $100,000.00 $25.00 $50,000.00 Removal of Vehicles 100 Per Unit $200.00 $20,000.00 $350.00 $35,000.00 $239.00 $23,900.00 100 Per Unit $50.00 $5,000.00 $100.00 $10,000.00 $395.00 $39,500.00 Removal of Animal Carcasses ;44,292,645.00 $44,422,858.00 $39,990,000.00 TOTAL BID PRICE M X 00 D 1 SCHEDULE 2 PRIMARY CONTRACT SECONDARY CONTRACT THIRD CONTRACT Crowder-Gulf Disaster AshBritt DRC Debris Management Environmental Emergency Services Theodore,AL Pompano Beach, FL Mobile,AL EQUIPMENT TYPE: Hourly Equipment Rate Hourly Equipment Rate Hourly Equipment Rate 60.00 $55.00 $84.00 Bobcat Loader $135.00 $130.00 $195.00 Bucket Truck w/Operator $78.00 $125.00 $95.00 Crash Truck w/Impact Attenuator $165.00 Dozer,Tracked,D5 or similar $100.00 $105.00 Dozer,Tracked,D6 or similar $125.00 $125.00 $175.00 $215.00 $150.00 $135.00 Dozer,Tracked,D7 or similar $170.00 $150.00 $258.00 Dozer,Tracked,D8 or similar $63.00 $50.00 $80.00 rGrade uck, 18 CY-20 CY $72 00 $60.00 $90.00 ruck,21 CY-30 CY cost+20%, $14.00 $39.00 or and Lighting $26.00 $120.00 $169.00 /12'Blade $118.00 $90.00 $182.00 [Knuckleboom ydraulic Excavator, 1.5 CY $130.00 $115.00 $208.00 ydraulic Excavator,2.5 CY $135.00 $135.00 $169.00 Loader $90.00 $90.00 $94.00 Lowboy Trailer w/Tractor $200.00 $170.00 $182.00 Mobile Crane(Adequate for hanging limbs/leaning trees) $14.00 $120.00 $42.00 Pickup Truck,.5 Ton $58.00 $150.00 $58.00 Truck, Flatbed $70.00 $65.00 $104.00 Water Truck $120.00 $115.00 $185.00 Wheel Loader,2.5 CY,950 or similar $130.00 $125.00 $210.00 Wheel Loader,3.5-4.0 CY,966 or similar $148.00 $135.00 $275.00 Wheel Loader,4.5 CY,980 or similar $65.00 $95.00 $84.00 Wheel Loader-Backhoe,1.0-1.5 CY Other-Please List LABOR CATEGORY: Hourly Labor Rate Hourly Labor Rate Hourly Labor Rate $60.00 110.00 $95.00 Operations Manager w/Cell Phone and Pickup $48.00 $50.00 $75.00 Crew Foreman w/Cell Phone and Pickup $90.00 $80.00 $165.00 Tree Climber/Chainsaw $32.00 $55.00 $45.00 Laborer w/Chain Saw $28.00 $30.00 $38.00 Laborer w/small tools,traffic control,fla erson 2 16 September 26, 2006 Consider approving a contract for a security system at Lawson's Pump Station iLalCity of Beaumont M c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hani J. Tohme, Water Utilities Director MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 20, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for Lawson's Intrusion Monitoring System. RECOMMENDATION Administration recommends approval of a contract with B.L. Technology of Houston, Texas in the amount of$82,631.90 for the construction of Lawson's Intrusion Monitoring System. The project will install a fence disturbance system, close circuit dome television cameras, digital recorder, electrical wiring and appurtenances, door sensors for the electrical and generator buildings and wireless radios. The MBE goal will be met at a 1001/o as B.L. Technology is a certified MBE firm. BACKGROUND Lawson's Pump Station was rehabilitated in 2002 and is an unmanned remote site. The Vulnerability Assessment Study of the water distribution system identified Lawson's pump station as the second most critical asset to the Water Department. The proposed additions will provide security and a first line of defense to the site against any possible attacks. BUDGETARY IMPACT Funds for the project are available in the Water Utilities Non-Operational Budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. Bid Tabulation CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS LAWSON'S INTRUSION MONITORING SYSTEM Bid Date: Thursday, August 31, 2006 at 2:00 PM BIDDERS B.L.Technology,Inc. Hi-Tech Electrical& 13171 Misty Willow Drive Maintenance,L.P. P.O.Box 20237 Houston,Texas 77070 Beaumont,Texas 77720 Itemi Description Quant. Units Unit Price Total Price Unit Price Total Price BASE BID ITEMS 1.Mobilization Costs,including payment bond,performance bond, 1 LS $2,349.60 $2,349.60 $10,964.00 $10,964.00 insurance, project communications, and moving equipment to project,all in accordance with plans&specifications; NOT TO EXCEED 3%OF TOTAL PROJECT BID for, 2.Lawson's Pump Station Site: Furnish all labor, material 1 LS $58,997.65 $58,997.65 $75,486.00 $75,486.00 and equipment for the installation of a fence disturbance system, 3 close circuit dome TV cameras, digital recorder, 1P encoder/decoder, control panel, DVMR/PTZ interface, signal distributor, network keypad, 5.8 GHz wireless Ethernet radio,complete with conduit,wiring,interconnects and training all in strict accordance with the plans and specifications for, 3.Water Treatment Plant Site: Furnish all labor, material 1 LS $13,972.65 $13,972.65 $20,789.00 $20,789.00 and equipment for the installation of a 5.8 GHz wireless Ethernet radio,desktop computer,control panel, fiber optic Ethernet link,and radio dish complete with conduit,wiring, interconnect cables and training all in strict accordance with the plans and specifications for, ADDITIVE BID ITEM 4.Furnish all labor,material and equipment for the installation 1 LS $7,312.00 $7,312.00 $6,479.00 $6,479.00 of a CCTV camera in the Electrical Building, two door sensors on the Electrical Building, four door entry sensor on the Generator Building, complete with conduit, wiring, and interconnect cables at the Lawson's Pump Station Site all in strict accordance with the plan and specifications for, Acknowledged Addendum No.1 Acknowledged Acknowledged Bid Bond Submitted Submitted Corporate Resolution Submitted - Information Required of Bidder Submitted — Minority Business Utilization Commitment Submitted - Schedule C MBE Submitted — The Bid Proposals submitted have been reviewed, anMate*edge this is an accurate tabulation of the�Bids received.BY: �`•'�cEttSE:'� Schaumburg &Polk,Inc. Bid Tab.xls 1 of 1 CONSULTING ENGINEERS CITY OF BEAUMGNT SCHEDULE OF MBE PARTICIPATION (SCHEDULE Q D?ate of Report 0 9-11-0 6 Department Water U t i l i t i e s Project No. 1076 I.ncatio:t Lawson ' s Crossing RI Terhnnl nnv_ Inc , Tofai Contract Amount S 82 631 . 75 Pump Station game of Prune Contractor/Proposer TYPE OF WORK(ELECTRICAL,PAVING,ETC.) PROJECTED NAME OF MINORITY AND 00141 RACT ITEMS OR PARTS THEREOF COMMENCEMENT& AGREED CONTRACTOR ADDRF,SS TO BE PERFORMED COMPLETION DATE PRICE 13171 Misty Willow Dr 9/26/06 - _770 n The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: I. Any business listed above must have Schedule A on file with the City. 2. Schedule C is to be included with bid,and resubmitted at 500/6 and 1001/6 of project completion. Signature President Title 36 RESOLUTION NO. WHEREAS, bids were received for a contract to install an intrusion monitoring system at the Lawson's Pump Station; and, WHEREAS, B. L. Technology, Houston, Texas, submitted a bid in the amount of $82,631.90; and, WHEREAS, City Council is of the opinion that the bid submitted by B. L. Technology, Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by B. L. Technology, Houston, Texas, for a contract to install an intrusion monitoring system at the Lawson's Pump Station in the amount of$82,631.90 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. - Mayor Guy N. Goodson - 17 September 26,2006 Consider approving the purchase of remote visual inspection equipment for use by the Police Department City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant,Chief Financial Officer MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 19,2006 REQUESTED ACTION: Council consider the purchase of remote visual inspection equipment for the Police Department. RECOMMENDATION Administration recommends the purchase of a VideoProbe XL PRO remote visual inspection system from GE Inspection Technologies of Flanders,NJ in the amount of$33,465. BACKGROUND The VideoProbe XL PRO remote visual inspection system consists of a portable processing unit and battery pack carried in a back pack style carrier, a hand held monitor and controller unit, and a remote camera and microphone attached to the controller by a six-foot(6')flexible extension tube. The system records audio visual data on CompactFlash removable storage media. The hand held controller unit features a five-inch(5")color monitor and utilizes joystick and button controls for a one-handed control of the tip optic camera and microphone. Purchase of the remote visual inspection system will allow the Police Department a tactical advantage in a variety of situations such as detecting explosives in enclosed spaces, searching for suspects in confined spaces, or conducting covert surveillance activities. The equipment is being purchased in conjunction with other tactical law enforcement equipment to facilitate an initiative by the U.S. Department of Homeland Security to protect and secure critical infrastructure and key resource sites across the country. The VideoProbe XL PRO is manufactured and sold only by GE Inspection Technologies of Flanders, New Jersey.The purchase is being funded by the Buffer Zone Protection Plan Program(BZPP)grant through the U.S. Department of Homeland Security Office of Domestic Preparedness(ODP)which stipulates that only products from the ODP's Authorized Equipment List may be purchased with BZPP funds.The VideoProbe XL PRO is the only remote visual inspection system currently on the ODP's list. Purchase of Remote Visual Inspection.Equipment September 19,2006 Page 2 BUDGETARY IMPACT Funding for this expenditure will be provided by the Buffer Zone Protection Plan Program(BZPP) grant through the U.S. Department of Homeland Security Office of Domestic Preparedness in the amount of$27,800 which requires no matching funds. Funding for the balance of the purchase will be provided by the Confiscated Goods Fund in the amount of$5,665. FUND AMOUNT Buffer Zone Protection Plan Program grant $27,800 Confiscated Goods Fund $5,665 TOTAL: $33,465 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Chief of Police, Chief Financial Officer. RESOLUTION NO. WHEREAS, bids were received for the purchase of remote visual inspection equipment for the Police Department; and, WHEREAS, GE Inspection Technologies, Flanders, New Jersey, submitted a bid in the amount of $33,465; and, WHEREAS, City Council is of the opinion that the bid submitted by GE Inspection Technologies, Flanders, New Jersey, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by GE Inspection Technologies, Flanders, New Jersey, for the purchase of a VideoProbe XL PRO remote visual inspection system for the Police Department in the amount of$33,465 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - 18 September 26, 2006 Consider approving the renewal of an annual maintenance agreement for HTE, Inc. software support to be used by various City departments L City of Beaumont Council Agenda Item K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 21, 2006 REQUESTED ACTION: Council consider renewal of an annual maintenance agreement for HTE, Inc. software support. RECOMMENDATION Administration recommends payment of an invoice to HTE, Inc. for the renewal of an annual maintenance agreement for software support in the amount of$90,845. BACKGROUND HTE, Inc. software is used by various City departments. This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. The software maintenance agreement provides for unlimited telephone support and up to three (3) software updates during the annual term. The agreement is for an annual period beginning October 1, 2006 and includes the following twenty-four (24) applications: SOFTWARE APPLICATION CONTRACT AMOUNT Building Codes /Building Permits $4,720 Finance / Accounts Receivable 3,990 Finance / Asset Management 2,720 Finance / Cash Receipts 2,870 Finance / GMBA Accounting System 11,280 Finance / GMBA Reports 290 Finance / HTE Report Writer 1,160 Finance / Imaging System 2,595 SOFTWARE APPLICATION CONTRACT AMOUNT Finance / Loan Module $2,300 Finance / Occupational Licenses 1,990 Finance / Payroll-Personnel Reports 290 Human Resources / Applicant Tracking 3,750 Imaging / Document Management Services 960 Payroll / Personnel 9,320 Public Works / Land Management 4,250 Purchasing / Inventory 6,200 SUB-TOTAL: $58,685 Municipal Court / Jury Management $2,220 Municipal Court / C1ick2Gov Case Management 2,790 Municipal Court / C1ick2Gov Core Module 1,240 Municipal Court / Retrofit Custom Software 6,400 Municipal Court / Case Management 8,740 SUB-TOTAL: $21,390 Water Utilities / Handheld Meter Upload $ 410 Water Utilities / Billing 8,110 Water Utilities / C1ick2Gov On-line Payments 2,250 SUB-TOTAL: $10,770 TOTAL: $90,845 Last year the same number of applications was maintained at a cost of $84,980. The increase this year is due to slight increases in maintenance costs from HTE, Inc. for all applications. BUDGETARY IMPACT Funding is budgeted for fiscal year 2007 as follows: General Fund $58,935 Municipal Court Technology Fund 21,140 Water Fund 10,770 TOTAL: $90,485 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Chief Financial Officer, and Chief Technology Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves payment of an invoice in the amount $90,845 to HTE, Inc. for renewal of an annual maintenance agreement beginning October 1,2006 for software support. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - 19 September 26,2006 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: September 26, 2006 AGENDA MEMO DATE: September 20, 2006 REQUESTED ACTION: City Council,after conducting a public hearing,consider an ordinance to declare the following one hundred(100)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 0 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. 145 Avenue A 11. 3725 Broadmoor Drive 2. 608 Avenue C 12. 7830 Broussard Road 3. 1250 Avenue H(Garage Apartment) 13. 4195 Buffalo 4. 3175 Bennett Road 14. 1716-98 Calder(Commercial) 5. 4404 Berkley 15. 7765 Chelsea Place 6. 5710 Bigner Road 16. 320 College(Commercial) 7. 3017 Blanchette 17. 330 College(Commercial Garage) 8. 4525 Booker 18. 2949 College(Commercial) 9. 1065 Bowie(Commercial) 19. 3035 College(Commercial) 10. 4550 Brandon 20. 880 Concord Road (#) Indicates number of times structure has been enrolled in work program. Continued 21. 3020 Concord Road(Garage) 49. 1805 Glasshouse 22. 3383 Concord Road(Commercial) 50. 5415 Gober Road 23. 5195 Concord Road(Car Wash) 51. 950 Goliad 24. 5275 Concord Road 52. 1898 Grand 25. 805 Crockett (Commercial) 53. 2395 Grand/915 Live Oak(Commercial) 26. 855 Crockett (Commercial) 54. 1545 Harrison 27. 1295 Crockett(Commercial) 55. 1803 Hebert 28. 2795 Crockett(Commercial) 56. 1782 Herring Aly 29. 3123 W. Crockett 57. 3510 Highland Avenue(Commercial) 30. 855 Cuniff Avenue 58. 4550 Highland Avenue 31. 857 Cuniff Avenue 59. 8015 Highway 105 32. 1958 Delaware 60. 3060 Hollywood 33. 7815 Easley Drive(Mobile Home) 61. 3435 Houston and Garage 34. 6565 Eastex Freeway(Commercial) 62. 1175 Isla(Commercial/Church) 35. 8095 Eastex Freeway(Commercial) 63. 3160 Brou(Garage Apartment) 36. 140 E. Elgie 64. 3210 Jirou 37. 2202 Evalon Avenue 65. 4600 Kenneth Avenue 38. 1350 Evans(Storage Building) 66. 5650 Kohler 39. 223 Ewing (Commercial) 67. 4770 Laredo 40. 1220 Fairway 68. 785 Lincoln 41. 2235 Fillmore 69. 980 Live Oak(Commercial) 42. 2235 Fillmore(Garage/Apartment) 70. 1875 E. Lucas Drive 43. 540 Fletcher 71. 1970 E. Lucas Drive(Garage) 44. 575 S. 4'h(Commercial) 72. 4090 E. Lynwood Drive 45. 820 Fulton Avenue(Garage) 73. 3645 Magnolia 46. 6145 Garner Road(Auxiliary& Garage) 74. 280 Manning 47. 1107 Gladys 75. 1075 Maple 48. 1798 Glasshouse 76. 1026 Oakland Continued 77. 520 Orange(Commercial) 89. 1150 Schwarner 78. 2760 Palestine(Shed) 90. 2950 South 79. 1685 Park(Commercial) 91. 4020 Steelton 80. 965 Peach(Rear of 1791 Grand) 92. 4205 Steelton and Metal Shed 81. 2340 Pecos(Rear Garage Apartment) 93. 2270 Taylor(Garage) 82. 3095 Pine(Commercial) 94. 2460 Taylor& Garage& Storage Bldg. 83. 2005 Poplar 95. 7785 Tram Road 84. 2510 Potts(Commercial) 96. 7795 Tram Road 85. 1150 Powell 97. 3705 Waco 86. 2109 Renaud 98. 2910 Washington Blvd. (Commercial) 87. 2576 Sabine Pass Ave(Garage/Auxiliary) 99. 3025 Washington Blvd. (Commercial) 88. 3075 Sarah(Rear Auxiliary Building) 100. 2060 Wilson(Garage) (#) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends City Council condemn these one hundred(100)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 REMOVAL; 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. 145 Avenue A 21. 3020 Concord Road (Garage) 2. 608 Avenue C 22. 3383 Concord Road (Commercial) 3. 1250 Avenue H (Garage Apartment) 23. 5195 Concord Road (Car Wash) 4. 3175 Bennett Road 24. 5275 Concord Road 5. 4404 Berkley 25. 805 Crockett(Commercial) 6. 5710 Bigner Road 26. 855 Crockett(Commercial) 7. 3017 Blanchette 27. 1295 Crockett(Commercial) 8. 4525 Booker 28. 2795 Crockett(Commercial) 9. 1065 Bowie (Commercial) 29. 3123 W. Crockett 10. 4550 Brandon 30. 855 Cuniff Avenue 11. 3725 Broadmoor Drive 31. 857 Cuniff Avenue 12. 7830 Broussard Road 32. 1958 Delaware 13. 4195 Buffalo 33. 7815 Easley Drive (Mobile Home) 14. 1716-98 Calder(Commercial) 34. 6565 Eastex Freeway (Commercial) 15. 7765 Chelsea Place 35. 8095 Eastex Freeway(Commercial) 16. 320 College (Commercial) 36. 140 E. Elgie 17. 330 College(Commercial Garage) 37. 2202 Evalon Avenue 18. 2949 College (Commercial) 38. 1350 Evans (Storage Building) 19. 3035 College (Commercial) 39. 223 Ewing (Commercial) 20. 880 Concord Road 40. 1220 Fairway 41. 2235 Fillmore 71. 1970 E. Lucas Drive (Garage) 42. 2235 Fillmore (Garage/Apartment) 72. 4090 E. Lynwood Drive 43. 540 Fletcher 73. 3645 Magnolia 44. 575S. 4 1h(Commercial) 74. 280 Manning 45. 820 Fulton Avenue (Garage) 75. 1075 Maple 46. 6145 Garner Road (Auxiliary&Garage) 76. 1026 Oakland 47. 1107 Gladys 77. 520 Orange(Commercial) 48. 1798 Glasshouse 78. 2760 Palestine(Shed) 49. 1805 Glasshouse 79. 1685 Park(Commercial) 50. 5415 Gober Road 80. 965 Peach (Rear of 1791 Grand) 51. 950 Goliad 81. 2340 Pecos(Rear Garage Apartment) 52. 1898 Grand 82. 3095 Pine (Commercial) 53. 2395 Grand/915 Live Oak(Commercial) 83. 2005 Poplar 54. 1545 Harrison 84. 2510 Potts(Commercial) 55. 1803 Hebert 85. 1150 Powell 56. 1782 Herring Aly 86. 2109 Renaud 57. 3510 Highland Avenue (Commercial) 87. 2576 Sabine Pass Ave(Garage/Auxiliary) 58. 4550 Highland Avenue 88. 3075 Sarah (Rear Auxiliary Building) 59. 8015 Highway 105 89. 1150 Schwarner 60. 3060 Hollywood 90. 2950 South 61. 3435 Houston and Garage 91. 4020 Steelton 62. 1175 Isla (Commercial/Church) 92. 4205 Steelton and Metal Shed 63. 3160 Jirou (Garage Apartment) 93. 2270 Taylor(Garage) 64. 3210 Jirou 94. 2460 Taylor&Garage& Storage Bldg. 65. 4600 Kenneth Avenue 95. 7785 Tram Road 66. 5650 Kohler 96. 7795 Tram Road 67. 4770 Laredo 97. 3705 Waco 68. 785 Lincoln 98. 2910 Washington Blvd. (Commercial) 69. 980 Live Oak (Commercial) 99. 3025 Washington Blvd. (Commercial) 70. 1875 E. Lucas Drive 100. 2060 Wilson (Garage) 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. 145 Avenue A 21. 3020 Concord Road (Garage) 2. 608 Avenue C 22. 3383 Concord Road (Commercial) 3. 1250 Avenue H (Garage Apartment) 23. 5195 Concord Road (Car Wash) 4. 3175 Bennett Road 24. 5275 Concord Road 5. 4404 Berkley 25. 805 Crockett(Commercial) 6. 5710 Bigner Road 26. 855 Crockett(Commercial) 7. 3017 Blanchette 27. 1295 Crockett(Commercial) 8. 4525 Booker 28. 2795 Crockett(Commercial) 9. 1065 Bowie (Commercial) 29. 3123 W. Crockett 10. 4550 Brandon 30. 855 Cuniff Avenue 11. 3725 Broadmoor Drive 31. 857 Cuniff Avenue 12. 7830 Broussard Road 32. 1958 Delaware 13. 4195 Buffalo 33. 7815 Easley Drive (Mobile Home) 14. 1716-98 Calder(Commercial) 34. 6565 Eastex Freeway(Commercial) 15. 7765 Chelsea Place 35. 8095 Eastex Freeway (Commercial) 16. 320 College (Commercial) 36. 140 E. Elgie 17. 330 College (Commercial Garage) 37. 2202 Evalon Avenue 18. 2949 College (Commercial) 38. 1350 Evans(Storage Building) 19. 3035 College (Commercial) 39. 223 Ewing (Commercial) 20. 880 Concord Road 40. 1220 Fairway 41. 2235 Fillmore 71. 1970 E. Lucas Drive (Garage) 42. 2235 Fillmore (Garage/Apartment) 72. 4090 E. Lynwood Drive 43. 540 Fletcher 73. 3645 Magnolia 44. 575 S. 4t' (Commercial) 74. 280 Manning 45. 820 Fulton Avenue (Garage) 75. 1075 Maple 46. 6145 Garner Road (Auxiliary&Garage) 76. 1026 Oakland 47. 1107 Gladys 77. 520 Orange(Commercial) 48. 1798 Glasshouse 78. 2760 Palestine(Shed) 49. 1805 Glasshouse 79. 1685 Park(Commercial) 50. 5415 Gober Road 80. 965 Peach (Rear of 1791 Grand) 51. 950 Goliad 81. 2340 Pecos (Rear Garage Apartment) 52. 1898 Grand 82. 3095 Pine(Commercial) 53. 2395 Grand/915 Live Oak(Commercial) 83. 2005 Poplar 54. 1545 Harrison 84. 2510 Potts (Commercial) 55. 1803 Hebert 85. 1150 Powell 56. 1782 Herring Aly 86. 2109 Renaud 57. 3510 Highland Avenue(Commercial) 87. 2576 Sabine Pass Ave(Garage/Auxiliary) 58. 4550 Highland Avenue 88. 3075 Sarah (Rear Auxiliary Building) 59. 8015 Highway 105 89. 1150 Schwarner 60. 3060 Hollywood 90. 2950 South 61. 3435 Houston and Garage 91. 4020 Steelton 62. 1175 Isla (Commercial/Church) 92. 4205 Steelton and Metal Shed 63. 3160 Jirou (Garage Apartment) 93. 2270 Taylor(Garage) 64. 3210 Jirou 94. 2460 Taylor&Garage &Storage Bldg. 65. 4600 Kenneth Avenue 95. 7785 Tram Road 66. 5650 Kohler 96. 7795 Tram Road 67. 4770 Laredo 97. 3705 Waco 68. 785 Lincoln 98. 2910 Washington Blvd. (Commercial) 69. 980 Live Oak(Commercial) 99. 3025 Washington Blvd. (Commercial) 70. 1875 E. Lucas Drive 100. 2060 Wilson (Garage) 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. If the property owner requests and is authorized by City Council to enroll in a work program, all properties are to be secured from unauthorized entry, and 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 26th day of September, 2006. - Mayor Guy N. Goodson -