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HomeMy WebLinkAboutPACKET FEB 26 2008 �r City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 26, 2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Johnny Casmore would be appointed to the Community Development Advisory Committee. The term would commence February 26, 2008 and expire February 25, 2010. (Mayor Pro Tern Audwin M. Samuel) Johnny Casmore would be appointed to the Small Business Revolving Loan Fund Board. The term would commence February 26, 2008 and expire February 25, 2010. (Mayor Pro Tern Audwin M. Samuel) Pamela Wise would be appointed to the Small Business Revolving Loan Fund Board. The term would commence February 26, 2008 and expire February 25, 2010. (Mayor Becky Ames) A) Authorize the City Manager to execute an interlocal agreement with the North Central Texas Council of Governments(NCTCOG) for the purpose of contracting with the company that NCTCOG has awarded for joint actuarial services in order to assist the city in complying with the requirements of the Governmental Accounting Standards Board (GASB) Statement Number 45 (GASB 45) B) Authorize the release of weed liens against properties described as Lots 2 and 3 Block 25 Van Wormer Addition, Lots 8, 9, and a fraction of Lot 7 Block 30 Van Wormer Addition, and Lot 12 Block 24 Van Wormer Addition C) Authorize the settlement of the lawsuit styled World Wide Street Preachers' Fellowship, et al vs. Becky Ames, et al A City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: February 26, 2008 REQUESTED ACTION: Council consider authorizing the City Manager to execute an interlocal agreement with the North Central Texas Council of Governments (NCTCOG) for the purpose of contracting with the company that NCTCOG has awarded for joint actuarial services in order to assist the city in complying with the requirements of the Governmental Accounting Standards Board (GASB) Statement Number 45 (GASB 45). RECOMMENDATION The Administration recommends Council authorize the City Manager to execute an interlocal agreement with the NCTCOG for the purpose of contracting with the company that NCTCOG has awarded for joint actuarial services in order to assist the city in complying with the requirements of GASB 45. BACKGROUND The (GASB) develops the standards for state and local governmental accounting and financial reporting. GASB 45 is a new standard which requires governmental entities with 200 or more employees, active and retired, and their dependents who are eligible for post employment benefits to have an actuarial valuation at least biennially for Other Post Employment Benefits Plans (OPEB) other than pensions. OPEB includes healthcare, life insurance and other benefits, other than pensions, which are taken after the employees' services have ended. In current practice most OPEB plans are financed on a pay-as-you-go basis, and financial statements generally do not report the financial effect of OPEB until the promised benefits are paid. GASB 45 will require the recognition of OPEB costs over a period that approximates employees' years of service and will provide information about actuarial accrued liabilities for promised benefits and whether and to what extent progress is being made in funding the plan. GASB 45 reporting requirements will be effective for the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2008. Interlocal Agreement with NCTCOG February 26, 2008 Page 2 The NCTCOG has served as a facilitator for local governmental entities to develop a Request for Proposal and ultimately awarded a contract to Gabriel Roeder Smith & Company(GRS) for Joint Actuarial Services. Cities that have entered into an interlocal agreement with NCTCOG are able to enter into a contractual relationship with GRS for actuarial and consulting services. BUDGETARY IMPACT An administrative fee of$100 will be due to NCTCOG biennially for Actuarial Shared Services. The cost of the actuarial study to be performed by Gabriel Roeder Smith & Company is $9,880. Funds are budgeted in FY 2008 Budget for this purpose. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an interlocal agreement with the North Central Texas Council of Governments (NCTCOG) for the purpose of contracting with the company that NCTCOG has awarded for joint actuarial services in order to assist the city in complying with the requirements of the Governmental Accounting Standards Board (GASB) Statement Number 45 (GASB 45). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2008. - Mayor Becky Ames - I ,..... City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer`� MEETING DATE: February 26, 2008 REQUESTED ACTION: Council consider a resolution authorizing the release of weed liens against properties described as Lots 2 and 3 Block 25 Van Wormer Addition, Lots 8, 9, and a fraction of Lot 7 Block 30 Van Wormer Addition, and Lot 12 Block 24 Van Wormer Addition. RECOMMENDATION Administration recommends approval of a resolution authorizing the release of weed liens against properties described as Lots 2 and 3 Block 25 Van Wormer Addition,Lots 8,9,and a fraction of Lot 7 Block 30 Van Wormer Addition, and Lot 12 Block 24 Van Wormer Addition. BACKGROUND The City of Beaumont is acquiring approximately sixteen(16)acres of land for the Downtown Event Center and Lake Park. The City is in the process of closing on the properties listed above. The title companies require any and all liens to the properties be released. The amounts of the weed liens are as follows: Lots 2 and 3 Block 25 Van Wormer Addition $ 185.00 Lots 8, 9, and a fraction of Lot 7 Block 30 Van Wormer Addition 65.00 Lot 12 Block 24 Van Wormer Addition. 1,154.94 BUDGETARYIMPACT None. RESOLUTION NO. THAT the City Manager be and he is hereby authorized to release weed liens in the total amount of$1,404.94 as shown below. The City Manager is hereby authorized to execute all documents necessary to evidence the release of the weed liens against properties shown below: Lots 2 and 3, Block 25, Van Wormer Addition $ 185.00 Lots 8, 9, and a fraction of Lot 7, Block 30, Van Wormer Addition 65.00 Lot 12, Block 24, Van Wormer Addition. 1.154.94 TOTAL $1,404.94 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2008. - Mayor Becky Ames - c City Council Agenda Item M 9 c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone Cooper, City Attorney MEETING DATE: February 26, 2008 REQUESTED ACTION: Consider a resolution authorizing the settlement ofthe lawsuit styled World Wide Street Preachers' Fellowship, et al vs. Becky Ames, et al RECOMMENDATION Council approval of a resolution authorizing the settlement of the lawsuit styled World Wide Street Preachers' Fellowship, et al vs. Becky Ames, et al for the total sum of$12,000. BACKGROUND Council discussed this lawsuit in an Executive Session held on February 19, 2008. BUDGETARYIMPACT There are sufficient funds in the General Liability Fund to pay the settlement amount of$12,000. RECOMMENDED BY City Attorney. RESOLUTION NO. WHEREAS,the lawsuit of World Wide Street Preachers'Fellowship,et al vs. Becky Ames, et al has been discussed in an Executive Session properly called and held Tuesday, February 19, 2008; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit of World Wide Street Preachers' Fellowship, et al vs. Becky Ames, et al in the amount of Twelve Thousand Dollars ($12,000). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2008. - Mayor- OL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 26, 2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 4-5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RM-M(Residential Multiple Family Dwelling-Medium Density)District to RM-H(Residential Multiple Family Dwelling-Highest Density)District at 1650 S. Major Drive 2. Consider a request for a specific use permit to allow office/warehouses in a GC- MD(General Commercial-Multiple Family Dwelling)District on the west side of Eastex Freeway, approximately 184'north of Tram Road 3. Consider a request for a specific use permit to allow a real estate/investment office in an RCR(Residential Conservation and Revitalization)District at 2341 McFaddin 4. Consider approving a contract for reconstruction of homes damaged by Hurricane Rita with funding provided from the U.S. Department of Housing and Urban Development 5. Consider approving a contract for mowing privately owned developed and vacant properties in violation of weed ordinances WORKSESSION * Receive and discuss a report from North Star Destination Strategies related to a "Community BrandPrint" for Beaumont * Review and discuss amending the Code of Ordinances to allow electronic reader board signs COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 February 26, 2008 Consider a request for a zone change from RM-M(Residential Multiple Family Dwelling-Medium Density)District to RM-H(Residential Multiple Family Dwelling-Highest Density)District at 1650 S. Major Drive c K il 7LJ1J City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C J� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 26, 2008 REQUESTED ACTION: Council consider a request for a zone change from RM-M (Residential Multiple Family Dwelling-Medium Density) District to RM-H (Residential Multiple Family Dwelling- Highest Density) District at 1650 S. Major Drive. RECOMMENDATION The Administration recommends approval of a request for a zone change from RM-M (Residential Multiple Family Dwelling-Medium Density)District to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1650 S. Major Drive. BACKGROUND Leonard White has applied for a zone change from RM-M (Residential Multiple Family Dwelling-Medium Density)District to RM-H (Residential Multiple Family Dwelling-Highest Density) District. The property is located on the west side of S. Major, approximately 100'north of Frazier Drive. Mr. Mohammed Nagori is purchasing the subject property and wishes to build approximately 288 apartment units. Under the current RM-M zoning, a maximum of 17 units per acre are permitted. Under the proposed RM-H zoning, a maximum of 29 units per acre are permitted. The proposed development calculates to approximately 25 units per acre. At a Joint Public Hearing held February 18, 2008, the Planning Commission voted 4:1 to recommend approval of a request for a zone change from RM-M (Residential Multiple Family Dwelling-Medium Density) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1650 S. Major Drive. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 1650 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RM-M (Residential Multiple Family Dwelling-Medium Density) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 1650 S. Major Drive, being the South 1/4 of Lot 11, All of Lot 12 and the Northwest 3/4 of Lot 13, Wescalder Fig Acres Addition, City of Beaumont, Jefferson County, Texas, containing 11.1 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 February, 2008. - Mayor Becky Ames - L228- Request for a zone change from RM-M(Residential Multiple Fan* welling-Medium Density) District to RM H(Residential Multiple Family Dwelling- est Density) District. cation: 1650 S. Major 0 100 200 300 400 Feet ;Applicant: Leonard W. White. Legend ® 192sZ RM-H GC MD - 3 cD. O 70 v IF DR R-S M - WINTER LN EXHIBIT "A" 2 February 26, 2008 Consider a request for a specific use permit to allow office/warehouses in a GC-MD (General Commercial-Multiple Family Dwelling)District on the west side of Eastex Freeway, approximately 184' north of Tram Road City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G 5`� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 26, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow office/warehouses in a GC-MD (General Commercial-Multiple Family Dwelling)District on the west side of Eastex Freeway, approximately 184'north of Tram Road. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow office/warehouses in a GC-MD (General Commercial-Multiple Family Dwelling) District on the west side of Eastex Freeway, approximately 184'north of Tram Road, subject to the following condition: • Provide a 6'wide landscape strip along the street frontage of the parking lot. BACKGROUND Mark W. Whiteley&Associates, Inc. has applied for a specific use permit to allow office/warehouses in a GC-MD (General Commercial-Multiple Family Dwelling) District. The property is located on the west side of Eastex Freeway, approximately 184'north of Tram Road. The proposed development will include two 4,950 sq. ft. buildings with related parking. Each building will include 3,441 sq. ft. of office space and 1,509 of warehouse space. The proposed use will be compatible with surrounding uses and will be in conformance with the Activity Corridor designation along Highway 69. At a Joint Public Hearing held February 18, 2008, the Planning Commission voted 5:0 to recommend approval of a request for a specific use permit to allow office/warehouses in a GC- MD (General Commercial-Multiple Family Dwelling)District on the west side of Eastex Freeway, approximately 184'north of Tram Road, subject to the following condition: • Provide a 6' wide landscape strip along the street frontage of the parking lot. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW OFFICE/WAREHOUSES IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED ON THE WEST SIDE OF EASTEX FREEWAY,APPROXIMATELY 184'NORTH OF TRAM ROAD 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 Henry LaBrie, to allow office/warehouses in a GC-MD (General Commercial- Multiple Family Dwelling) District located on the west side of Eastex Freeway, approximately 184'north of Tram Road, as described in Exhibit"A°and shown on Exhibit "B" attach ed hereto;a eto; 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 following condition: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow office/warehouses in a GC-MD (General Commercial-Multiple Family Dwelling)District located on the west side of Eastex Freeway, approximately 184'north of Tram Road, as described in Exhibit"AA and shown on Exhibit "B" attached hereto and made a part hereof for all purposes, is hereby granted to Henry LaBrie, his legal representatives, successors and assigns subject to the following condition: 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 February, 2008. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 1.1842 acre tract or parcel of land situated in the W.B. Dyches Survey,Abstract No. 17, Jefferson County, Texas and being out of and part of that certain called 23.66 acre tract of land as described in a deed from Kirby Lumber Corporation to Emery Best and wife, Leland Hendrix Best as recorded in Volume 964,Page 110,Deed Records, Jefferson County, Texas and being out of and part of that certain called 5.43 acre tract being of a portion of the former 100 foot wide T. &N. 0. Railroad right-of-way,now abandoned, as described in a deed from Southern Pacific Company to Emery Best and wife,Leland Hendrix Best as recorded in Volume 1342, Page 486,Deed Records, Jefferson County, Texas, the same being that certain called. 5.43 acre tract of land as described in a deed from Kirby Lumber Corporation to Emery Best and wife,Leland Hendrix Best as recorded in Volume 1342, Page 484,Deed Records,Jefferson County, Texas and also being out of and part of that certain called 10.02 acre tract of land, identified as Tract 2, as described in a "Warranty Deed with Vendor's Lien" from Rebecca Anne Best to Emery Randolph Best as recorded in Film Code No. 102-54-2500, Official Public Records of Real Property, Jefferson County, Texas, and being out of and part of that certain called 30 foot strip of land being part of the West one-half(%) of the former 100 foot wide Southern Pacific Company Railroad right-of-way as described in a deed from Kirby Lumber Corporation to Emery Best and Leland Hendrix Best as recorded in Volume 1522,Page 186,Deed Records,Jefferson County, Texas, and being out of and part of the West 20 feet of the West one-half(I/2) of the former 100 foot wide Southern Pacific Company Railroad right-of-way, and furthermore being out of and part of that certain called 7.8464 acre tract of land, identified as TRACT II, as described in a"Special Warranty Deed with Vendor's Lien" from Nancy Best to Henry Labrie and Sharon Labrie as recorded in Clerk's File No. 2006049854, Official Public Records of Real Property, Jefferson County, Texas and out of and part of that certain called 1.0797 acre tract, identified as TRACT V, and that certain called 0.7281 acre tract of land, identified as TRACT VIII, as described in a"Deed without Warranty" from Nancy Best to Henry Labrie and Sharon Labrie as recorded in Clerk's File No. 2006049856, Official Public Records of Real Property, Jefferson County, Texas, said 1.1842 acre tract being more particularly described as follows: NOTE: All bearings are based on the most Northerly East line of the that certain called 14.183 acre tract as recorded in the above referenced Film Code No. 102-54-2500, Official Public Records of Real Property,Jefferson County, Texas as SOUTH 1 M 5'00" EAST. BEGINNING at a %" iron rod in concrete found for the Southeast corner of the tract herein described, said corner also being the Southeast corner of the said 7.8464 acre Labrie tract and the Northeast corner of that certain called 1.1470 acre tract of land, identified as TRACT IX, as described in a"Special Warranty Deed with Vendor's Lien" from Darby Gas and Oil Company to Starmart No. 2, Ltd. as recorded in Volume 2001043422, Official Public Records of Real Property, Jefferson County, Texas and said corner also being in the West right-of-way line of U. S. Highway 69, 96 and 287; THENCE SOUTH 78 023'29" WEST, for the boundary between the tract herein described and the said 1.1470 acre Starmart No. 2, Ltd. tract, for a distance of 267.99 feet to a 5/8" iron rod EXHIBIT "A" LEGAL DESCRIPTION continued with a cap found for corner, said corner being the Northwest corner of the said 1.1470 acre Starmart No. 2,Ltd. tract and the Southwest corner of the said 0.7281 acre Labrie tract and also being in the East right-of-way line of Old Voth Road (based on a width of 60 feet); THENCE NORTH 08°42'13" WEST, along and with the East right-of-way line of Old Voth Road and the West line of the said 0.7281 acre Labrie tract, for a distance of 196.69 feet to a 5/8" iron rod set for corner; THENCE NORTH 78 042'36" EAST, over and across the said 0.7281 acre Labrie tract,the said 1.0797 acre Labrie tract and the said 7.8464 acre Labrie tract, and perpendicular to the West right-of-way line of U.S. Highway 69, 96 and 287, for a distance of 259.11 feet to a 5/8" iron rod set for corner, said corner being in the West right-of-way line of U. S. Highway 69, 96 and 287; THENCE SOUTH 11°17'24" EAST, along and with the West right-of-way line of U. S. Highway 69, 96 and 287, for a distance of 195.00 feet to the POINT OF BEGINNING and containing 1.1842 ACRES,more or less. 1929-P: Request for a specific use permit to allow office/warehouses in a GC-MD General Commercial-Multiple Family Dwelling) District. cation: West side of Eastez Freeway,.approximately 184' north of Tram Road pplicant: Mark Whiteley and Associates, Inc. 0 100 200 Feet Legend ® 1929P O GC-MD �► o v m N G -MD GC-MD EXHIBIT "B" * Approval subject to the following condition: Provide a 6' wide landscape strip along the street frontage of the parking lot.. US HIGHWAY 69, 96, & 287 ' t , - - --` — — • oo' �— — �::onsrwc DRUN4cE aTGii — Sl1'1 T24'� 195,00' _ me.—., '41'�1-.� - '•�`Y. r _ ,��� `- 1 i �,. 1 �If • y.• a.4 .;PbrETUAL DRNEWAY EASEAEM .. 1 ,r 0,W r1�— AREA-,, 5 IIV(i S CALLED 1.1470 ACRES a m CA1LS§7 7.8t64 Ams. TRACT LY = " ��„ 'T' ,! STATtAw7T NO. 2,LID. �SZ 4 '*FEI'WI'LABRiE CF. HO. 2001043422 CF:FA1 2G7 ,y a PROPOSED $ A- OPR.LC BUILDING ..�T-•rP' .. ,ty+;' a �� M r• r, m n,.. ,T<441�SpD9. FT. OFFICE 1 OFFICE 'll'AREHOUSE �. n. 7, '`�' .. " ,. . ^' n A. t 5•SIDE SET84CK . q BEAUwoN�, x wi 134z PER CRY DF : 11 84J.ACRES lNDI(tf VOL 1 1 1 hTALC 1 .3r•. 20'STRIP- REMAWDER OF ..`K,�. i__----� r N ------------- 0. ACRES AaArwoNED 1'00 sbuTHCRH PACiFTC 'i,,� *,4 ---- --- a4RBY GAS C ES wc.. COUP—RAM,k'aW ROIT••'OF WAY 3�B`. ,&. '` FC. N0.'-1 6-+1 57 OPRJC c4um am ALt7S N08'42'13'W 198.89' FM 51-8- NotES: MCI`NR _ _ _ L ROD W/CAP t. MERE ARE NO PROPOSED SIGNS Z H RY Maw&SWAN Uaw OR FENCE ON PROPERTY. 6.NO 200 6 ICENIERLWE OF EMIST DSWACE&TCH a WO PROPOSED SITE PLAN OF OLD BOOTH ROAD �$ 6EAUNONT, TEXAS x77726-54°2 II COWORAM 400-662-0421 1. 1.1842 ACRE TRACT, OR PARCEL OF LAND CONSULTIND EN°DIEEBS, SURVEYORS. AND PLANNERS °u0 E. TE AS W.B. D CHES SURVEY, ABSTRACT N0: 17 RED"°"* 'SAS 1346 �.r (TAx) 4oa-eat-1x46 EFFERSON OUNY, TEXAS W.\2008\08-042\08-042.DWC\CDD 3 February 26,2008 Consider a request for a specific use permit to allow a real estate/investment office in an RCR (Residential Conservation and Revitalization)District at 2341 McFaddin ...... City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 26, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a real estate/investment office in an RCR(Residential Conservation and Revitalization)District at 2341 McFaddin. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a real estate/investment office in an RCR(Residential Conservation and Revitalization) District at 2341 McFaddin. BACKGROUND Mickey Phelan, President of M &M Resources, Inc., has applied for a specific use permit to allow a real estate/investment office in an RCR(Residential Conservation and Revitalization) District. The subject property is located at 2341 McFaddin. Mr. Phelan states that his company provides consulting in the real estate and investment fields. The new office will occupy a former dentist office. The hours of operation will be Monday- Friday, 8:00 a.m. through 5:00 p.m. Existing parking is located both in the front and rear yards. At a Joint Public Hearing held February 18, 2008, the Planning Commission voted 5:0 to recommend approval of a request for a specific use permit to allow a real estate/investment office in an RCR(Residential Conservation and Revitalization) District at 2341 McFaddin. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A REAL ESTATE/INVESTMENT OFFICE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT LOCATED AT 2341 MCFADDIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Mickey Phelan, President of M & M Resources, Inc., to allow a real estate/investment office in an RCR (Residential Conservation and Revitalization) District located at 2341 McFaddin, being Lots 5-6, Block 21, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.34 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a real estate/investment office in an RCR (Residential Conservation and Revitalization)District located at 2341 McFaddin, being Lots 5-6, Block 21,Averill Addition, City of Beaumont, Jefferson County,Texas, containing 0.34 acres, more or less, as shown on Exhibit "A" attached hereto made a part hereof for all purposes, is hereby granted to Mickey Phelan, President of M & M Resources, Inc., his legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2008. - Mayor Becky Ames - 1930- i Request for a specific use permit to allow a real estateAnvestment office in an up, (Residential Conservation and Revitalization)District. cation: 2341 McFaddin pplicant: M & M Investments, Inc. 0 100 200 Feet Legend ® 1930P AACFADDIN AVE RC N G -M CALDER AVE -M EXHIBIT "A" _ SITF. ' PL N 23t- I M` 1=A-D"D Ihi PeOPBAYy L/N£ G ' C H A IN V J y 7 K � k uADptT(On/A t Cv,c/Le��P �AQKt:vG v v ? 70' �Cc` DouR ✓'1� . S• u i $EF ATr4eWED Fiooiz PtAxl 4 41. 338o SQ.P r. SO 0 Pko?fA'TY LW& h a FFNCE s-re` Ps� IV � - m .. 30' k' ` roveaFD PoRtH ¢� y .,, CoPCATyLn'/ Ilk) q N r �si�ewR�K' ,� _ 8 G SLAt1!. t h T'R'o.�ltFi�/l cat 4R�,�"ra PRoPCf,ry 3'WN�E�G�ia i2 ch _ LINE ACCESS ; a N v RTM \ �/ SCALE.3/64" l _ P Y EASE M ANT �o NI` FAPD CN 5TR E ET EXHIBIT "B" 4 February 26, 2008 Consider approving a contract for reconstruction of homes damaged by Hurricane Rita with funding provided from the U.S. Department of Housing and Urban Development 117LJ1J City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: February 26, 2008 REQUESTED ACTION: Council consider the award of contract for reconstruction of homes damaged by Hurricane Rita. RECOMMENDATION Administration recommends the award of a contract for the reconstruction of owner-occupied housing units to Norwood Builders, Inc. of Missouri City, Texas for a total amount of $932,554.00. BACKGROUND The Housing Division of the Public Works Department identifies single family homes that are eligible for federal grant funding allocated to the Texas Department of Housing and Community Affairs(TDHCA)Disaster Program from the U. S. Department of Housing and Urban Development to remediate the unmet housing needs of Beaumont residents resulting from Hurricane Rita. These homes are identified through either a pre-application process or by a review of Federal Emergency Management Agency, City, and/or County information concerning the damage caused by the hurricane. The TDHCA Hurricane Rita Disaster Recovery Program requires that these housing units meet minimum property standards and local health and safety codes at project completion. The type of activity being completed determines the minimum construction standards that must be met. Bids were solicited from five(5)construction contractors for the reconstruction of owner- occupied housing units. The bids included reconstruction of the home with an additional bid for an alternate tub/shower unit if the homeowner requires an ADA unit to allow them to walk or roll into the shower. The reconstruction will be managed by George E. Johnson Development, Inc. of Houston and the City's Housing Division. Bids were received from four(4) contractors for thirteen(13) properties. Norwood Builders Inc. was the low bidder on each location. The attached worksheet details all bids received. Award of Reconstruction Contract February 26, 2008 Page 2 BUDGETARY IMPACT Funding will be provided by a federal grant from the U. S. Department of Housing and Urban Development allocated to the Texas Department of Housing and Community Affairs Disaster Recovery Program which requires no matching funds from the City. BID OPENING DATE: THURSDAY, JANUARY 31, 2008 @ 2:00 PM BID NAME: CDBG DISASTER RECOVERY PROGRAM Norwood Builders, Inc. James W. Turner Construction Diamond Head International Lazer Homes Inc. Location Missouri City, Tx Tomball, TX Crosby TX Houston, TX Base Amounjjj Aftema I Base Amount 11 Alternate —11 Base Amounfll Alternate 11 Base Amount Alternate 4015 Avenue A $71,618.00 $1,000.00 $77,200.00 $1,000.00 $79,710.00 $1,200.00 $80,154.64 None 395 E. Church St. 71,618.00 1,000.00 76,840.00 1,000.00 77,330.00 1,200.00 83,650.64 None 3425 Washington Blvd. 71,618.00 1,000.00 76,840.00 1,000.00 74,330.00 1,200.00 81,825.64 None 1645 Tulane 71,618.00 1,000.00 76,840.00 1,000.00 83,710.00 1,200.00 82,075.64 None 898 Grand 71,618.00 1,000.00 77,200.00 1,000.00 No Bid No Bid 83,465.64 None 2555 Potts 71,618.00 1,000.00 76,840.00 1,000.00 79,330.00 1,200.00 80,850.64 None 2120 Euclid 71,618.00 1,000.00 77,200.00 1,000.00 No Bid No Bid 81,075.64 None 1340 Pipkin 65,878.00 1,000.00 71,440.00 1,000.00 73,330.00 None 74,957.64 None 5550 Crestland Loop 71,618.00 1,000.00 77,200.00 1,000.00 No Bid No Bid 82,075.64 None 2315 Sabine Pass 65,878.00 1,000.00 70,745.00 1,000.00 70,745.00 1,000.00 77,827.64 None 3902 Congress St. 71,618.00 1,000.00 76,840.00 1,000.00 75,330.00 1,200.00 76,193.64 None 1810 Plum St. 71,618.00 1,000.00 76,840.00 1,000.00 76,330.00 1,200.00 82,200.64 None 3275 Wavers St. 71,618.00 1,000.00.1 76,840.00 1,000.001 82 710.00 1 200.00 1 84,200.641 None TOTAL $932,554.00 1,001,865.00 $783,455.00 1,050,554.32 RESOLUTION NO. WHEREAS, bids were solicited for a contract for reconstruction of owner-occupied homes damaged by Hurricane Rita; and, WHEREAS, Norwood Builders, Inc. of Missouri City, Texas, submitted a bid for a total amount of$932,554; and, WHEREAS, City Council is of the opinion that the bid submitted by Norwood Builders, Inc. of Missouri City, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Norwood Builders, Inc. of Missouri City, Texas, for a contract for reconstruction of owner-occupied homes damaged by Hurricane Rita for a total amount of$932,554 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2008. - Mayor Becky Ames - 5 February 26,2008 Consider approving a contract for mowing privately owned developed and vacant properties in violation of weed ordinances .VOW-Ar. City Council Agenda Item ' c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: February 26, 2008 REQUESTED ACTION: Council consider the award of a contract for mowing privately owned developed and vacant properties in violation of weed ordinances. RECOMMENDATION Administration recommends the award of an annual contract to Yardboy Lawncare of Beaumont for mowing privately owned developed and vacant properties for the unit prices stated in the attached tabulation resulting in the estimated annual cost of$110,710.00. BACKGROUND Privately owned properties are in violation of the City's weed ordinance when uncultivated growth exceeds twelve (12)inches. Property owners are notified of the violation and given a specified time to bring the property into compliance. If property owners fail to comply with the ordinance, the City's contractor mows the property and the property owner is fined. Bids were solicited for an annual contract to provide this mowing service for the Public Health Department, Code Enforcement Division. Specifications requested a minimum price for cutting properties 6,500 square feet or less in size, a second price per square foot for properties greater than 6,500 square feet but less than an acre, and a third price per acre for properties greater than one (1) acre. The majority of the properties are standard size lots between 6,500 and 8,500 square feet. Bids received are detailed on the attached tabulation. The apparent low bid was rejected due to prior performance by the vendor. Perfect Cut was awarded this bid in March, 2007. In May, 2007 the contract with Perfect Cut was terminated due to several infractions. The remaining term of that contract was fulfilled by Yardboy and another vendor on a rotation basis. The contract will be managed by the Code Enforcement Division. The contractor will be given a list of properties to mow each day. All properties will be inspected by the representatives in the Mowing Contract- Privately Owned Properties February 26, 2008 Page 2 Code Enforcement Division prior to payment to ensure compliance with the specifications. BUDGETARYIMPACT Funds are budgeted in the Public Health Department, Code Enforcement Division operating budget to cover the estimated annual cost of$110,710. BID TABULATION: ANNUAL CONTRACT FOR MOWING DEVELOPED AND VACANT PROPERTY BID OPENING DATE: THURSDAY, FEBRUARY 14,2008 @ 2:00 PM BID NUMBER: SF0108-06 Vendor Pertect Cut Lawn Care Yardboy Lawncare Lawn Specialties North Star Unlimited Ci /State Beaumont TX Beaumont TX Beaumont, TX Beaumont, TX Est. Annual W11 Unit Price Ext. Price Unit Price I Ext. Price 11 Unit Price 11 Ext. Price I Unit Price IF Ext. Price 6,500 sq.ft. or less minimum bi 600 cuttings $16.90 $10,140.00 $23.25 $13,950.00 $50.00 $30,000.00 $83.00 $49,800.00 6,500 sq.ft. up to one acre 24,000,000 sq.ft. 0.0029 69,600.00 0.0040 96,000.00 0.0056 134,400.00 0.0088 211,200.00 One acre or greater 10 arcel> 1 acre 80.00 800.00 100.00 1,000.00 130.00 1,300.00 200.00 2,000.00 TOTAL $80 540.00 $110,950.0 $165 700.00 $263,000.001 RESOLUTION NO. WHEREAS, bids were solicited for an annual contract for mowing privately owned developed and vacant properties; and, WHEREAS, Yardboy Lawncare of Beaumont, Texas, submitted a bid for an estimated amount of$110,710 in the unit amounts shown below: Est. Annual Qty. Unit Price Ext. Price 6,500 sq.ft. or less minimum bid 600 cuttings $23.25 $13,950.00 6,500 sq.ft. up to one acre 24,000,000 sq.ft. 0.0040 95,760.00 One acre or greater 10 parcel > 1 acre 100.00 1,000.00 TOTAL $110,710.00 and, WHEREAS, City Council is of the opinion that the bid submitted by Yardboy Lawncare of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Yardboy Lawncare of Beaumont,Texas,for an annual contract for mowing privately owned developed and vacant properties for an estimated annual cast of$110,710 in the unit amounts shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2008. - Mayor Becky Ames -