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Home My WebLink AboutPACKET JUNE 8 2004 -a~, City of Beaurnont REGULAR MEETING OF THE CITE' COUNCIL COUNCIL CHAMBERS JUNE 8, 2004 :1:30 P.M. AGENDA CALL TO ORDER .F Invocation Pledge Roll Call ,x Presentations and Recognition x Public Comment: Persons may speak on scheduled agenda items 2-6/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider approving a specific use permit to allow a residential care facility in an RCR(Residential Conservation and Revitalization) District at 1901 Park Street 2. Consider amending Ordinance No. 03-082 relating to the structure located at 2155 Forrest 3. Consider amending Ordinance No. 04-030 relating to the structure located at 3491 W. Euclid 4. Consider amending Ordinance No. 04-030 relating to the structure located at 2925 Harriot 5. Consider amending Ordinance No. 04-030 relating to the structure located at 4730 Avenue A(Garage Apartment) 6. Consider adopting"Guidelines for Speakers and Others in Meetings of Beaumont City Council and Commission Meetings" WORKSESSION * Review Water and Sewer Projects and a proposal for the issuance of Water Revenue Bonds COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Don Salter v City of Beaumont Claim of Dalbert LaFleur Lester Juneau II, as next friend of Lester Juneau III v City of Beaumont * Consider matters related to Section 551.077 to consult with its attorney and seek his advice concerning a matter in which the duty of the attorney to the governmental body conflicts with the Open Meetings Law Specifically a dispute with Crockett Street Development, Ltd. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 June 8,2004 Consider approving a specific use permit to allow a residential care facility in an RCR(Residential Conservation and Revitalization) District at 1901 Park Street City of Beaumont U7!-!7J Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: June 8, 2004 AGENDA MEMO DATE: June 2, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a residential care facility in an RCR (Residential Conservation and Revitalization)District at 1901 Park Street. RECOMMENDATION The Administration recommends denial of the specific use permit to allow a residential care facility in an RCR(Residential Conservation and Revitalization)District at 1901 Park Street. BACKGROUND Patty Lee, Executive Director of Watts Home, Inc. is requesting a specific use permit to allow a residential care facility in an existing structure at 1901 Park. This facility will be used as an extension of their current facility at 695 Irma. That property received a specific use permit in 1997. The two story house on the subject property has 6 bedrooms, 4 bathrooms, a kitchen, living room and dining room. No cooking will be done at this address. Meals will be prepared in the commercial kitchen at 695 Irma. Watts Homes would like to house 18 men that have lived at the Irma facility and have practiced the Watts Home's"family living style program"but still cannot go home or live by themselves. Ms.Lee states that they will continue to have their tenants practice life skills such as good hygiene, work search, continuing education and self help outreach. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held May 17, 2004, the Planning Commission voted 5;1 to deny a specific use permit to allow a residential care facility in an RCR District at 1901 Park Street. On May 25, 2004, City Council tabled action on this specific use permit until the meeting of June 8, 2004. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. MINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS DRAFT PLANNING COMMISSION CITY COUNCIL May 17, 2004 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on May 17, 2004 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Marty Craig Commissioner Walter Kyles Commissioner Lynda Kay Makin Commission members absent: Vice-Chairman Greg Dykeman Commissioner Glenn Bodwin Commissioner Virginia Hurley Alternate Commissioner Ted Moor Alternate Commissioner Steven Johnson Alternate Commissioner Paul Jones Councilmembers present: Mayor Evelyn Lord Mayor Pro-Tem Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Lulu Smith Councilmember Nancy Beaulieu Councilmember Audwin Samuel Councilmembers absent: Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tom Warner,Public Works Director APPROVAL OF THE MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held April 19,2004. Commissioner Hallmark seconded the motion. Motion to approve carried 6:0. Planning Commission May 17,2004 REGULAR MEETING 1) File 664-OB: Request to abandon a 20'utility easement. Location: 7860 Jill Lane Applicant: Mark Cole Mr. Richardson stated that the general utility easement runs along the rear of the property at 7860 Jill Lane. Mark Cole, the property owner, is requesting this abandonment to allow the installation of an in-ground swimming pool. This item was sent to all interested parties. No negative responses have been received. Mr. Richardson recommended approval of the request. Chairman Leister asked for the applicant's comments. Mark Cole, the applicant,was present. Commissioner Craig made a motion to approve the request to abandon a 20'utility easement at 7860 Jill Lane as requested in File 664-OB. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of May 17, 2004 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Leister. She explained the policies and procedures for the hearing process. 1) File 1714-P:Request for a specific use permit to allow a residential care facility in an RCR(Residential Conservation and Revitalization)District. Location: 1901 Park Street Applicant: Watts Home,Inc. Patty Lee, Executive Director of Watts Home, Inc. is requesting a specific use permit to allow a residential care facility in an existing structure at 1901 Park. This facility will be used as an extension of their current facility at 695 Irma. That property received a specific use permit in 1997. The t wo s tory h ouse on t he s ubj ect p roperty h as 6 b edrooms,4 b athrooms, a kitchen, living room and dining room. No cooking will be done at this address. Meals will be prepared in the commercial kitchen at 695 Irma. 2 Planning Commission May 17,2004 Watts Homes would like to house 18 men that have lived at the Irma facility and have practiced the Watts Home's"family living style program"but still cannot go home or live by themselves. Ms. Lee states that they will continue to have their tenants practice life skills such as good hygiene,work search,continuing education and self help outreach. Mr. Richardson stated that initially he had recommended approval of the request subject to omitting parking space #1 and with a modification to the landscaping requirements along the north, east and south sides of the property. However, he received comments from one person who falls within the 200' around the subject property plus written comments from two other individuals who own property in that neighborhood that caused him to have serious concerns about the effect the expansion would have on the neighborhood. Seventeen notices were mailed to property owners within 200 feet of the subject property. No responses in favor and one response in opposition were returned from those mailed out. Chairman Leister opened the public hearing and asked for the applicant's comments. Patty Lee,Executive Director of Watts Home,Inc.,addressed the Commission. She stated that there is a 10 p.m. curfew and 24 hour supervision. There are 23 men in the 1 arger h ouse a nd 12 w omen in the women's h ouse. S he h as 3 f ull t ime employees, 3 part time employees and 4 volunteers. The doors are locked at 10 p.m.,but she cannot imprison her clients. Chairman Leister asked for comments in favor or in opposition. Kintezy Lee,Assistant Director of Watts Home, addressed the Commission. Darlene Dorset, 1250 Condon, spoke in favor of the request. Jesse Gomez, 1725 Park, addressed the Commission in opposition to the request. Lin Marie G arsee, 1725 P ark, addressed the C ommission in opposition to the request. Bryan Hendrix, 1814 Park, spoke in opposition to the request. Officer Tony Barker ofthe Beaumont Police Department addressed the Commission in opposition to the request. He said that he deals with some of the Watts Home residents on a regular basis and feels that Ms. Lee does not need another home because of the numerous problems with the existing home. Tommie Rene Batiste, 3465 Avenue E, spoke in favor of the request. 3 Planning Commission May 17,2004 Rebuttal by Patty Lee and Kintezy Lee. The public hearing was closed. Comments from the Commission followed. Commissioner Hallmark made a motion to deny the specific use permit to allow a residential care facility in an RCR District at 1901 Park Street as requested in File 1714-P. Commissioner LaBiche seconded the motion. Motion to deny carried 5:1 (Kyles). 2) File 1715-P: Request for a specific use permit to allow a cellular tower in an NC (Neighborhood Commercial)District. Location: 2380 Briarcliff Applicant: Verizon Wireless Verizon W ireless w ants t o c onstruct a n 1 80't all monopole t ower a nd w ill b e equipped to allow for the co-location of additional wireless carriers. The facility will consist of the tower and a 12' x 28' equipment shelter within a fenced compound. The facility will be paved with crushed limestone. Access to the site will be off of Delaware via a 14'wide driveway. There is an existing 6'tall wood screening fence along the east property line and the rear portion of the south property line. An 8'tall chain link fence with wood slats is proposed to encircle the 79'x 79'facility. Shrubs will be planted along the north and west sides of the fenced area to provide additional screening. The Planning Manager recommends approval of this request subject to extending the 6'tall wood screening fence along the south property line to the west property line of the subject property and with a modification to the landscaping/screening requirements along the east and south sides of the property. Seventeen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were received. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Mark Hodges of Verizon Wireless addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Sam Parigi, 445 N. 14', addressed the Commission in favor of the request. 4 Planning Commission May 17,2004 Bill Munro, 6820 Windsor Parkway, spoke in favor of the request. The public hearing was closed. Chairman Leister recommended a solid wood privacy fence instead ofthe chain link with wood slats and also that the landscaping be the same as what would be required adjacent to a parking lot. Mr. Richardson stated that when landscaping the street side of a parking lot, a 6' landscape strip with shrubs and trees every 25'is required. Chairman Leister recommended the east and south sides keep the 6'wood privacy fence and in the case that it needs to replaced,it be replaced with a 8'wood privacy fence and to change the 8'chain link fence across the west and north side to a wood privacy fence and landscaping that would meet the requirements of landscaping that would be adjacent to a parking lot. Mr. Parigi said that a chain link fence would be inside the wood fence. Commissioner Craig made a motion to approve a specific use permit to allow a cellular tower in an NC District at 2380 Briarcliff as requested in File 1715-P, subject to the installation of an 8' tall wood screening fence along the east and south sides of the subject property at such time the existing fence needs replacing, installation of an 8'tall wood screening fence around the compound,including the gate;and installation along the north and west sides of the compound the same type of 6' wide landscape strip that is required of parking lots. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 3) File 1716-P: Request for a specific use permit to allow a wrecker service in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2)District. Location: 1575 S. Major Drive Applicant: Landry Rountree The applicant, Landry Rountree, requested a specific use permit to allow the operation of his wrecker service. The business will include office space, carport and storage facility for no more than 10 vehicles. The facility will be fenced with a 6'cyclone fence on the north, south and west sides of the property. The east end of the property will have an 8'tall wood privacy fence. Mr.Rountree is asking for a modification to the landscaping requirements along the east property line. Mr. Neff,the adjacent property owner,is requesting that no trees be planted along their mutual boundary. Mr. Richardson recommended approval of the request subject to moving the proposed sign 10'from any property line and with a modification to the landscaping requirement along the east property line. 5 Planning Commission May 17,2004 Fourteen notices were mailed to property owners within 200 feet. Seven responses in favor and one in opposition were received. Nine responses in favor from neighbors outside the 200'were also received. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Landry Rountree,the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Chuck Turner, 1307 Liberty, spoke in favor of the request. Stanley Nobles of Triangle Air Care, 1555 S.Major,addressed the Commission in favor of the request. Triangle Air Care is located just north of the subject property. The public hearing was closed. Commissioner Kyles made a motion to approve a specific use permit to allow a wrecker service in a GC-MD-2 District at 1 575 S.Major Drive as requested in File 1716-P subject to limiting the height of the sign to 12'and the sign area to 5'x 10'. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 4) File 1717-P: Request for a specific use permit to allow a drinking place in a GC- MD (General Commercial-Multiple Family Dwelling)District. Location: 4120 College Street Applicant: Molina Ventures, L. L. C. The applicant,Molina Ventures,requested a specific use permit so that they may open Wild Bill's nightclub. The property was last used as Swampee's Bayou Bar and Grill. Hours of operation will be from 11:00 a.m.to 2:00 a.m. Alcoholic beverages will be served along with a light food menu. There will be no adult entertainment occurring at the club. Mr. Richard recommended approval of the request. Nine notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. 6 Chairman Leister opened the public hearing and asked for the applicant's comments. Kerwin Stone, 390 Park Street, addressed the Commission on behalf of the applicant. Danny Molina, 8240 Willow Bend Drive,addressed the Commission. Mr.Molina said that any overflow parking from the nightclub will go to the Mojo's parking lot which can be accessed from the back of the property and the dental office parking lot next door has been approved for use. The proposed country and western nightclub will be open Tuesday through Saturday. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner LaBiche made a motion to approve a specific use permit to allow a drinking place in a GC-MD District at 4120 College Street as requested in File 1717-P. Commissioner Craig seconded the motion. Motion to approve carried 6:0. 5) File 46-HC: Request for an HC-L (Historic Cultural-Landmark Preservation) Designation. Location: 2494 Avenue F Applicant: City of Beaumont Planning Division Mitchell Normand,a descendant of the original owner of the subject property,has been working with the Planning Division on designating this property because of its architectural and historical significance. The house was built in 1896 and is of the Victorian style. It is one of the oldest structures in that part of the City. In 1901, Alice Boykin Pattillo purchased the house. Ms. Pattillo was married to Jackson Pattillo until they divorced in 1907. On her own, she ensured that all six of her adult children were college educated. The four daughters all became school teachers. The eldest son became one of the first African-American mail carriers in Beaumont. The other son attended Tuskegee Institute and studied with George Washington Carver. The house is listed in the 1977 SPARE Beaumont survey. SPARE considered the house worthy of a local historic designation. The request went before the Historic Landmark Commission on May 10 and was approved unanimously. Mr. Richardson recommended approval of the request. 7 Twenty notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Mitchell Normand, 1980 Corley,the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve a request for an HC-L Designation for the property at 2494 Avenue F as requested in File 46-HC. Commissioner Craig seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:50 P.M. 8 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 1901 PARK STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Watts Home, Inc. to allow a residential care facility in an RCR (Residential Conservation and Revitalization) District located at 1901 Park Street, being Tract 30 and the south 10' of Tract 29, Plat P, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 0.22 acres, more or less, as shown on Exhibit"A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow to allow a residential care facility in an RCR (Residential Conservation and Revitalization) District located at 1901 Park Street, being Tract 30 and the south 10' of Tract 29, Plat P, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 0.22 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Watts Home, Inc., its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2004. - Mayor Evelyn M Lord - •• ,vr, . „ � ,t 91 ti a L � _ � J � � • � M 1 � � t . � i� • v � c- VA& FUX 1711-P: Request for a specific use permit to &flow a residential care facility in an NOM `— RCR(Residential Conservation and Revitalization) District. A Location: 1401 Park Street SCAU Applicant: Watts Home, Inc. 1--200- 1 Aar IAWA .0 .,� 00 to. ., ^qi► IRMA ST- .• - �` 3x WA A jArAd r, FAY ST_ - w /Y£ Ti a-- •.• f w Q UNDERHILL AVE. a t: W F ] d — a. W C4wMD N , � N -- = W Z 47 _ Z '< Z YC FREDERICK ST. tG ( f ^y A K 44,43 1 r rrT a EXHIBIT "A" OF Gross Floor 2 Are&-324 GARAGE Outside Trash s9 R• 6 Storage Facility 8 FL Fence ~ • ' • Entry 5 8 . . • 3 Proposed • Parking 4 - 10 tt. Landscape Butter Around Exit _ - Pnopc rte • • Staircase - 1901 Watts Homes.Inc. • • 8 Ft. Fence Property . (66.5 ft. X145.8ft.) . � • Tu"O STORY • ' I RESIDENTIAL Gross Floor Area . i BUILDING - —1500 sq.11. . I S. Proposed location of • lights on the top of the • ' - building • i Sign On • ' _ Balcony Handicap. 211. X 3 11. • Entry Parkin: amp ' t Q 0 - 0 10 Scale In Feet B- rz; `z PARK STREET SI - GROUP 9 LP SITE PLAN 1MGINMO1ltG • MIRDHYEA AL SCnOCL agva� PROJECT: 04BTOt 1 LOCATION: 1901 PARK STREET BEAUMONT.TX WATTS HOME, INC. APPR: GS DATE: 04/21/04 DRAWN BY: SB SCALE: AS SHOWN DATE: 04/20/04 FIGURE: 1 EXHIBIT "B" 2 June 8, 2004 Consider amending Ordinance No. 03-082 relating to the structure located at 2155 Forrest U7Wift- W Cit y of Beaumont 97j Council Agenda Item c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: June 8, 2004 AGENDA MEMO DATE: June 2, 2004 REQUESTED ACTION: Consider an ordinance amending Ordinance No.03-082 relating to the structure located at 2155 Forrest. RECOMMENDATION At the request of the Clean Community Director,John Labrie,the Administration recommends that the condemnation order for the structure be reconsidered by City Council to allow a new property owner to rehabilitate it. BACKGROUND This structure was brought before City Council on October 28, 2003 with staff's recommendation of a raze or repair order. City Council did grant the raze or repair order allowing the previous property owner, Henry LaRocca, to enter into a 120-day work agreement. Mr. LaRocca did not bring the structure into total compliance prior to the abatement date. The property changed ownership on January 10, 2004 to Bobby and Heather Morgan. Because of the ownership change, staff allowed the new property owners to enroll in a work agreement for 60 days to show substantial work or completion. Additional time is recommended in order for the owners to complete the work. BUDGETARY IMPACT City may incur the cost of demolition if the structure is not rehabilitated. PREVIOUS ACTION The Administration recommended and Council approved a raze or repair order for this structure on October 28, 2003. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the new owner in a work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. RECOMMENDED BY City Manager and Clean Community Department Director. SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT DATE REQUESTED __June , 2004 WARD 3 ADDRESS OF INSPECTION 2155 Forrest ACCOUNT NO. 46650-51400-8 CENSUS TRACT 9 OWNER Bobby and Heather Morgan ADDRESS 2179 Forrest CITY/STATE (03) LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot 7 Land Value 3000 Block or Tract Block 59 Improvement Value 23970 Addition/Survey North Total Value 26970 A. Fifty (50)percent deterioration of non-supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D Enroll ed.i Work Repair Pr gr m' YES X NO 03 Q84 thr 05-08 04 E. Initial Inspection Date Apr i130.2002 MAJOR CODE VIOLATIONS: This structure was presented before City Council under the ownership of Henry LaRocca on October 28, 2003 and was given a raze or repair order for 120 days with an abatement date of February 28 2004 Mr. LaRocca did do a smafl amount of repairs but did not complete the agreement as Council ordered On January 10, 2004, Bobby and Heather Morgan bought the property from Mr. LaRocca Although Mr. & Mrs. Morgan purchased the property on January 10, 2004 it was not until March 8. 2004 that they came in to our office with proof of ownership and enrolled in a work repair program Because of the circumstances pertaining to ownership change, Staff did allow the new property owners to enroll in a 60 day work agreement to show substantial work but because of the unseen deterioration the new wners were not able to comply. Because of the original Council order from October 28 2003 the structure was condemned Although the structure has a new roof, there are still many structural repairs needed There has been no electrical or plumbing work at all done The rear of the structure had to be removed because of deterioration leaving it open and accessible The rear of the structure has been framed but not completed. There are exposed studs in the exterior wall, floor joists ar e exposed in at least two rooms and several windows still need repairs SEE ATTACHED PHOTOS " y� r+'dlllil d 1�nrkl'III ,III( ""T— A owl H ��+' ��r,P ti•a 1,: a P O x � 1 " III�I II 1i 1 mmlre .. N v I If .rte NIm141i1 pNlltlfllllll IIII � ' h. 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I 1 11w I *rl � 1` lllllgll 11 ls. 4 i " lelu 1 ilk la� I 1111111 �IIIIIIIIIIIII Il lu -,I ` �I1 1111N a a ^_ v" H II. II11'�ur l ilu 1a .r 1 ' ,III �11Jji1illl "t I "II u�ll�l I I ,.rl 111 I I l III I 111 �ulll I III I� 1 1 M•. I II I I1 h , 1 1 , 1 . III I iII I I L I lr 1 61�I I I IIIYI mill 11111 I II I IIVI, I I 1i11u��11!Illlllj�lllll� � II IIIII 11i11111I111j , L 1j 11 I "'IIII , NO ll, �, 1i11111IIII�IIIIVIIIIIIIIIIIji�l� IT II 1 III 11111111 L I I r ` � 1�1111111 �°'1111111 -� �� 11j11,�; � I�N t 1 """" WINIIBMIII '11' 1,III I I �I11 X114„IIII I I I - UVI�I I I I l u ,.1 I�II11111 r 1' , ,,11 yu ORDINANCE NO ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 03-082 TO REMOVE THE STRUCTURE LOCATED AT 2155 FORREST FROM SECTION 1 AND SECTION 3 AND ORDER THAT THE STRUCTURE AT 2155 FORREST BE DEMOLISHED OR REPAIRED WITHIN DAYS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 03-082 be and the same is hereby amended to amend Sections 1 and 3 to remove the following structure: 2155 Forrest Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the buildings located at 2155 Forrest either demolish or repair such structure within days of the effective date of this ordinance. If the owners fail or refuse to repair or demolish the structure within the time limit set herein, the City is authorized to demolish the structure without further Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2004. - Mayor Evelyn M. Lord - 3 June 8, 2004 Consider amending Ordinance No. 04-030 relating to the structure located at 3491 W. Euclid City of Beaumont ...... vw_ � � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: June 8, 2004 AGENDA MEMO DATE: May 27, 2004 REQUESTED ACTION: Consider an ordinance amending Ordinance No.04-030 relating to the structure located at 3491 W. Euclid. RECOMMENDATION At the request of Councilperson Bobbie Patterson, the Administration recommends that the condemnation order for the structure be reconsidered by City Council to allow the property owner, Morris Jones, Jr.,to rehabilitate it. BACKGROUND This structure was brought before City Council on May 4, 2004 with stafTs recommendation of a raze order. There has not been any work conducted on the structure since 2000. On May 24,2004, Morris Jones called staff and stated he wanted to rehabilitate the structure. BUDGETARYIMPACT City may incur the cost of demolition if the structure is not rehabilitated. PREVIOUS ACTION The Administration recommended and Council approved a raze order for this structure on May 4, 2004. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the owner in a work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. RECOMMENDED BY City Manager and Clean Community Department Director. INTER-OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS DATE: May 24, 2004 TO: Councilperson Bobbie Patterson FROM: Pamela Loiacano, Demolition Field Supervisor SUBJECT: 3491 W. Euclid COMMENT: ♦ The structure at 3491 W. Euclid was tagged on 01/11/00 as a dangerous structure. The property owner was listed on the Jefferson County tax roll as Morris Jones, Jr. with a mailing address to the vacant structure. ♦ A certified notice was issued to the property owner on 01/13/00. ♦ The certified notice was returned unclaimed. ♦ On 01/20/00, Adona Jones, daughter to Morris Jones, Jr., called and said that her father was very ill and gave me her mailing address of 4150 Brandon. I re-mailed the letter to her notifying them that the structure was tagged as substandard. ♦ The property owner signed a Work Program Agreement on 06/13/00 that went through 10/13/00. The only permit bought was on 06/15/00. ♦ A certified notice was issued to the property owner 04/13/04 indicating that the structure would be presented before City Council on 05/04/04. ♦ Certified notice was returned as being attempted - unknown. ♦ Published in Beaumont Enterprise on 04/21/04 and 04/28/04. ♦ Structure appeared before City Council on 05/04/04. Staff recommended a raze order for this structure because of the extensive deterioration. It was noted during the inspection that a massive bee infestation was in the wall on the front and left side of the structure. ♦ Certified notice was issued to Morris Jones, Jr. c/o Adona Jones stating that City Council had condemned the structure. ♦ Certified letter was returned as moved, left no address. ♦ Staff issued certified final notice to property owner on 05/14/04 indicating that the structure would be demolished by city forces. ♦ Certified notice was returned as attempted - unknown. ♦ On 05/19/04, Adona Jones called inquiring about red spray painted numbers being put on house. Council order was explained to her and she asked that they be given time to remove furniture and personal belongings from the house. She was told to keep in touch with our office to get status of demo date and that there would be no charge. ♦ On 05/24/04, Morris Jones and Adona Jones called saying that they wanted to now make repairs to the structure. It was during this conversation with Mr. Jones that a new mailing address was given at 320 Charlotte. SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT DATE REQUESTED May , 2004 WARD 4 ADDRESS OF INSPECTION 3491 W Euclid ACCOUNT NO. _ 11550-10800-2 CENSUS TRACT 22 OWNER Morris Jones, Jr c/o Adona Jones ADDRESS 4150 Brandon CITY/STATE-105)_ LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot 12 Land Value 1370 Block or Tract Block 8 Improvement Value 3660 Addition/Survey Carver Terrace Total Value 5030 A. Fifty (50) percent deterioration of non-supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D< Et>led it W rk Repair Progrtm'? YES X NO U6-13-00 thru 1043-00 .................... .. ............. E. Initial Inspection Date January 11, 2000 F TAXES ARE D IN THE AMOUNT O1<$1 1.fi6 11 MAJOR CODE VIOLATIONS: This structure an extreme danger because of a massive bee infestation All damaged or rotten windows and window sills will need to be repaired The glass is broken out of the windows There is exte ive det rioration to the foundation The structure is listing to the left The interior flooring ceilings and walls are damaged and will need to be repaired Was unable to do a thorough inspection because of the bees swarming Bees are in the wall on the front and left side of the structure All damaged electrical wiring and electrical fixtures will need to be replaced Outside service is needed Also all damages plumbing and plumbing fixtures will need to be replaced The yard is overgrown Thi ruct»re appeared City Council on May 04 2004 and was given a raze order per Staff's recommendation The property owner is asking for reconsideration so that he may rehabilitate the structure. 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I , M ,.., $ �,I LC ° u"'I dP"" I ulp III � dill hl;l i I ,� � + " a IIII rh�w III d IIII r .hlV - .r ini hl II IIIIII VIII �I I IIII', (IIII �I d a I II IIII 1119u1', ul I I' III,M i'li II l!ill i II it I I V' { I �{ ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 04-030 TO REMOVE THE STRUCTURES LOCATED AT 4730 AVENUE A(GARAGE APARTMENT); 3491 W. EUCLID;AND 2925 HARRIOT FROM SECTION 1 AND SECTION 2 AND ORDER THAT THE STRUCTURES AT 4730 AVENUE A (GARAGE APARTMENT); 3491 W. EUCLID; AND 2925 HARRIOT BE DEMOLISHED OR REPAIRED WITHIN DAYS; PROVIDING FOR SEVERABILITY,AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 04-030 be and the same is hereby amended to amend Sections 1 and 2 to remove the following structures: 4730 Avenue A (Garage Apartment) 2925 Harriot 3491 W. Euclid Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the buildings located at : 4730 Avenue A (Garage Apartment 2925 Harriot 3491 W. Euclid either demolish or repair such structure within days of the effective date of this ordinance. If the owners fail or refuse to repair or demolish the structure within the time limit set herein, the City is authorized to demolish the structure without further Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2004. - Mayor Evelyn M. Lord - 4 June 8, 2004 Consider amending Ordinance No. 04-030 relating to the structure located at 2925 Harriot P.A. City of Beaumont �• Council Agenda Item M � ' c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: June 8, 2004 AGENDA MEMO DATE: May 27, 2004 REQUESTED ACTION: Consider an ordinance amending Ordinance No.04-030 relating to the structure located at 2925 Harriot. RECOMMENDATION At the request of Councilperson Bobbie Patterson, the Administration recommends that the condemnation order for the structure be reconsidered by City Council to allow Genevieve Mays Comeaux, daughter of deceased property owner,to rehabilitate it. BACKGROUND This structure was brought before City Council on May 4, 2004 with staff's recommendation of a raze order. Executor of Will, Winfred Mays, had previously enrolled in a Work Repair Program in September of 2003. A permit was never secured. There is extensive structural and foundation problems with the structure. BUDGETARY IMPACT City may incur the cost of demolition if the structure is not rehabilitated. PREVIOUS ACTION The Administration recommended and Council approved a raze order for this structure on May 4, 2004. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll Ms. Comeaux in a work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. RECOMMENDED BY City Manager and Clean Community Department Director. SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT DATE REQUESTED May , 2004 WARD 4 ADDRESS OF INSPECTION 2925 Harriot ACCOUNT NO. 6450-27300-4 CENSUS TRACT 22 OWNER Gladys W Mays c/o Winfred Mays (Also Genevieve Mays Comeaux) ADDRESS 4215 Simon CITY/STATE--(Q5-)- LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lots 2-4 Land Value 3530 Block or Tract Block 15 Improvement Value 4990 Addition/Survey Booker Heights Total Value 8520 A. Fifty (50) percent deterioration of non-supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled Fork Repair Program ! X. NO 0 -il ?3 thru{f1-09-04 E. Initial Inspection Date Auggg 18. 2003 F. TAXES ASE DUE IN T�AMOUNT'0 X273 81 MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shingles will be needed. The rafters and fascia boards are rotted and will need to be replaced There is water damage to the interior due to the condition of the roof, There is a leak in the kitchen All damaged or rotten windows and window As will need to be replaced The exterior doors are damaged and will need to be replaced There is extensive termite damage to the structure The exterior siding is rotten and mssing The back porch flooring is rotten and has holes in it The foundation has rotten sflls and will need to be repaired and leveled The structure is sitting on the ground The interior flooring, ceilings and walls are damaged and will need to be repaired The back exterior wall shows extensive rot and deterioration All damaged electrical wiring and electrical fixtures will need to be replaced New outside electrical service will be needed Also all damaged plumbing and plumbing fixtures win need to be replaced The structure is open and accessible. There is a deteriorated shed on the side and the backyard is very overgrown This structure appeared before City Council on May 04, 2004 and a raze order was given Ms Genevieve Mays Comeaux daughter of deceased owner, Gladys Mays wants to rehabilitate the structure SEE ATTACHED PHOTOS W IIII VIII I I uI . xr 11 q1 ,x rye, �Ihal'II" J u ell SIG I lll)Ix I TIP IIIrIwG '9 1 x t I I Ls k+i I�Ix i41 �- ,�� 14W - u" , J I ero _ IIII IL � u x Ill i 4 I II n. I O f ��1 I II i 11 r +'xl P I'I r m v" II'I vlx 11, a I III III II�.� I I�I e I 9b1 14 m1 ax � o Ta yI�VII I� I 'll I �r fN11 II lily dr,ll�' iI - I.17 ''6rq� xr +x,11r Jim b�"-'�4,� I�II�Ii1'; � NN1r��I�I i I III a Ipll .I Ire p� nII IIII 1 II I III111111�'I ,I IN I i 1� �- , I �Ih III I ICI yl41IIb' IUIJ�I( ol I' '40 ,fllil 1 6� �;xuu9�V I I,.I � a 41 dNI IIIIi III ) III II�1. � i,xr �;InuroFll� M. a. I 1 yl IIII. I F ,4 y�I��illbl °I'i1i I � v, kll,r r � I l �IIII ��1� I�p b.�.. - -•-- + � �I II OII x '�UJlhl�l�llilj �''� u ItlII�II.f gllilaillu � III guu rimxlWm;:, a u� II wu1111 , erg IIIIN� I q 1f fi f r S4usI mrA � J°r Aryl I laf i I p 9 shd�l � I sw WuI i ufuUNVu�r�.._�t X14111 '1i11, ' � I. 29'2 5 H VIWII I° I IIII „„.'rwl� I djll — IIIIIINIdtl�mb�� xulull n A _ 10"F v. �, A�IG IIlltiil II I, 1111 ,�I 4�III III I� II u I I I II�III � I I IIIIp I i�' II� I!I I i IGII � III u d IIII II! �l h n tillll I�! !II swill 41 III ol'i �' � � � I ; •� Iuul I Idlil a a illll �.�i IIIIIII illll111ii�ll ll� ipi;. ii" MIR - IIn IM1 li a 41I N �IIIIIIII�I'IIIIIIa�iI t�INI7 1N� .+.�..,� I lir ', II I i I I IIII IIII i I _. II IIII I "I I II IIiIVII iJNI N" �I I N II ! __ �IIIIIIIuIIii! ;u III IVI II°III VII IIII I . I I°"lu Illlliq�r�uloulo it IIq Ih III IIIIIII I((�I IIIIIII �I IIII; P�'; II III I' IIV dl J I IIII!.. III IWIII l i i i y (�) VI'uu �Nib'u I IIIINm� hIN I y„ m mh r i ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 04-030 TO REMOVE THE STRUCTURES LOCATED AT 4730 AVENUE A(GARAGE APARTMENT);3491 W. EUCLID;AND 2925 HARRIOT FROM SECTION 1 AND SECTION 2 AND ORDER THAT THE STRUCTURES AT 4730 AVENUE A (GARAGE APARTMENT); 3491 W. EUCLID; AND 2925 HARRIOT BE DEMOLISHED OR REPAIRED WITHIN DAYS; PROVIDING FOR SEVERABILITY,AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 04-030 be and the same is hereby amended to amend Sections 1 and 2 to remove the following structures: 4730 Avenue A (Garage Apartment) 2925 Harriot 3491 W. Euclid Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the buildings located at 4730 Avenue A (Garage Apartment 2925 Harriot 3491 W. Euclid either demolish or repair such structure within days of the effective date of this ordinance. If the owners fail or refuse to repair or demolish the structure within the time limit set herein, the City is authorized to demolish the structure without further Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2004. - Mayor Evelyn M. Lord - 5 June 8,2004 Consider amending Ordinance No. 04-030 relating to the structure located at 4730 Avenue A (Garage Apartment) ....0 City of Beaumont •M• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: June 8, 2004 AGENDA MEMO DATE: May 27, 2004 REQUESTED ACTION: Consider an ordinance amending Ordinance No.04-030 relating to the structure located at 4730 Avenue A(Garage Apartment). RECOMMENDATION At the request of Councilperson Bobbie Patterson, the Administration recommends that the condemnation order for the structure be reconsidered by City Council to allow a new property owner to rehabilitate it. BACKGROUND This structure was brought before City Council on May 4, 2004 with staff's recommendation of a raze order. Mr. Herman Boles, son of new property owner, was told by staff on the telephone to bring in the proper paperwork of new ownership and to appear before City Council on May 4,2004. Mr.Boles was also mailed a certified letter indicating the council meeting date. The previous owner, Sam Gibson, nor Mr. Boles appeared before the Council on May 4th. BUDGETARY IMPACT The City may incur the cost of demolition if the structure is not rehabilitated. PREVIOUS ACTION The Administration recommended and Council approved a raze order for this structure on May 4, 2004. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the new owner in a work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. RECOMMENDED BY City Manager and Clean Community Department Director. INTER-OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS DATE: May 24, 2004 TO: Council Person Bobbi Patterson FROM: Pamela Loiacano, Demolition Field Supervisor SUBJECT: 4730 AVENUE A(Garage Apt.) COMMENT: • Structure was tagged originally on March 04,1993. Property owner at that time was Sam Gibson. • V Certified notice was issued March 17, 1993. • Certified notice was signed for on March 18, 1993. • 2' Certified notice was issued May 2, 1996 stating that the structure would be brought before Council on May 21, 1996. Staff did recommend a raze order at this time. • Certified notice was signed for on May 10, 1996. • On May 10, 1996 the property owner came in to the office and enrolled in a work program. • New staff started in 1997 and the structure's file was brought into the new system. An inspection was done by the new staff and found that some work of the exterior had been done but not completed and no interior work. Structure was some what secured and maintained at that time. • On February 27, 2004, staff was doing an inspection of the property and was told by a citizen that the property had been sold to Herman Boles and a phone number for Mr. Boles was given to staff. • On that same day staff returned to the office and phoned Mr. Boles and told him that he needed to bring in the paper work showing his ownership and I would enroll him in a work program. I also told him if he did not come to the office the structure would appear before City Council. • Mr Boles did not come to the office as he said he would so staff did prepare the structure for Council. Staff received a tax statement from the Jefferson County Tax office dated April 2, 2004 showing the property still in the name of Sam Gibson and it showed a small amount of taxes due ($343.50). • On April 7, 2004 staff spoke again by phone to Mr. Boles and was given his mailing address and home phone because he did not want to be called on his cell phone any more. Again Mr Boles was asked to bring in the paper work to our office and was also told how important it was for him to show up at the Council Meeting because his structure was appearing and staff had recommend a raze order. • On April 13, 2004 a certified notice was sent to the address that staff was given by Mr. Boles and also the name that still remained on the Jefferson County Tax Roll. • Published in the Beaumont Enterprise on April 21, 2004 and April 28, 2004 • On May 10, 2004 Mr Bole's certified notice was sent back to our office unclaimed. Mr Gibson did receive and sign for his notice and staff received the green card in the office on April 21, 2004. This letter stated the information about the Council Meeting. • On May 4, 2004 the structure appeared before Council and Mr. Boles was not present and Council granted the raze order that staff recommended. • On May 6, 2004 a certified notice was sent to Mr. Boles and Mr. Gibson stating the outcome of the Council meeting. Mr. Gibson did receive his letter and signed for it and green card was received in our office on May 12, 2004. Staff has not received the letter or green card back in the office that was sent to Mr. Boles. • Around or about May 11, 2004 Mr. Boles phoned the office and spoke with staff. He was upset because of the order council had given. He said that he had spoken with Mr. Gibson and was told that Council had condemned the property. He also admitted that he was told how important it was for him to bring in the paper work and appear before Council but he was too busy. He also said that his parents had gotten ill and he had to take care of them. • It was not until around or about May 19, 2004 that Mr Boles brought in a document from the Jefferson County Tax office that showed that his parents were the property owners. The address for his parents was not the address he had given staff. Staff was told from the beginning that Mr. Boles was the owner and that the address at 1409 Emile was where the information should be sent. If Mr. Boles parents are the property owners and if Council decides to amend the raze order that was given, Mr. Boles will not be able to sign the work program. He will need to have his parents sign the agreement and if they want to he can deal with the contractors. If he wants to sign the work agreement he must have some type of Power- of- Attorney or the property needs to be placed in his name. SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT DATE REQUESTED May , 2004 WARD 4 ADDRESS OF INSPECTION 4730 Avenue A (Garage Apartment) ACCOUNT NO. 67050-12000-1 CENSUS TRACT 23 OWNER Herman Boles ADDRESS 1490 Emile CITY/STATE (03) LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot 16A Land Value 5140 Block or Tract Replat of Block 16 Improvement Value 14710 Addition/Survey Annie T Warren Total Value 19850 A. Fifty (50) percent deterioration of non-supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D Enrolled in Wgrk:Repair Prpgrm? YES X NO 05-10;'96 tit.:W,10-96 E. Initial Inspection Date March 4, 1993 F TAXES ARE IDUE N T E AM'OUNT OF$343.50. MAJOR CODE VIOLATIONS: Per a phone conversation with Mr. Herman Boles, he has told staff that he has purchased this property and has just brought in paper work The Jefferson County tax roll still reflects the owner as Sam Gibson The noted work programs were initiated by Mr. Gibson, Mr. Boles has begun work on the structure although he has not entered into a work program nor has he bought any permits New shingles have been put on this structure All damaged or rotten windows and window sills will need to be repaired There is missing glass and missing windows The exterior doors are missing= The exterior stairway is very deteriorated and the second floor inspection could not be made The foundation is weak The interior siding is damaged and missing Some exterior walls are completely missing exposing the structure to outside elements, The interior is just stud walls only, All damaged electrical wiring and electrical fixtures will need to be replaced The electrical wiring is exposed Also all damaged plumbing and plumbing fixtures will need to be replaced This structure was brought before City Council on May 04, 2004 and a raze order w given per staff's recommendation The new owner, Mr. Boles, wants to rehabilitate the structure, SEE ATTACHED PHOTOS i IF, w '. ,d I � , I n ��,r �� III �� y��. IIII N'�.ulll PI NI ,..Irc'U�G� � d pG �, �w► { �� u T I II I x a � I I I r: I I GIs K IN�N�II 11 hillll 6�,:, II ' I I Ill�u�" I �• C " c�u:�''lll dill I� I'I'I IIIIII if ry I� III�hI�I IIIIIIII IM NWI!ulq �w IN�� (IIII III o I r I U,!�Iil �hl ' � IJ I NI I � � •n llll nV av s r"t I" r bIl �1I'IIII� IIII uI �IhI II I IIIIII Jill IIII IIIIh�IIpIIII' IIII I I I' ��u..1 I I _ ✓' I II y 4 I I N h7 Y III III IIIIII � !IIII lull IIII F ul INI�JM„� � fl 4 h h1i1116 II y� II III III NII;i i 4 G�l _ III al,n IVY I Ilw I �' 11 _ III 1411 III II��II II � �w W641I16N�� JII I NI I fi �g mill hlllriJuN 41 i! d IIII Uo!hl'II III �NI N u I I I pp III I l N� �u I I�dI II IIi I�IINa. I I N ,.. 6 TM'N�il III g„•u�l IN11�4�1 r;. IIII I I dlpdIIIII NI It+� � I x � I I�I�I �I ,Ili ili I� Ik 1!�vN olill��! i�lllbl IIIIII n i' I I N 4HIu IIL: ,'t @14 . lu w IIIIII 411111 ry�V II III I .III j' ! I I (I NI VP� '• :.. �� 'lll IIIIIJI ! � a;'- � II I I I 1111111 , IIII , fail ! IMl Mjllo*LM ylij I .I I II I I I,I I it lllilllljllj i a� h Iilu111 I I II� 1 1411,1 I I ,JII IIII I i �,' II, it I'I N III I I li III IIII s I, 1 1111 I hi III �' ilk�I Ih IIII' �: II� r� ll I �IIIII. 1 Ir �1 h,�11,II IIII IIIIIIIIN� IJ I Dili I I��' I I, � I' I II II IIII � IIII ��i. IIIIII, I ili Ii II IIII !Nl h� I III,; p�1�� f� III III i1�i.: I� I IIII II I III �. II II� II IIIIII III. iIIVI I 1 I I. III III IIIIII 1, (IIII�I��III f I 111�1'I I �Iplll III I, I �II IIUaI;rw uN � II�r11111111111111111140�'''�6 I . Illnllll4Ju� I I� _ ��45: �IIVIIJII�lllllll�iliifilll� IF. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 04-030 TO REMOVE THE STRUCTURES LOCATED AT 4730 AVENUE A(GARAGE APARTMENT); 3491 W. EUCLID;AND 2925 HARRIOT FROM SECTION 1 AND SECTION 2 AND ORDER THAT THE STRUCTURES AT 4730 AVENUE A (GARAGE APARTMENT); 3491 W. EUCLID; AND 2925 HARRIOT BE DEMOLISHED OR REPAIRED WITHIN DAYS; PROVIDING FOR SEVERABILITY,AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 04-030 be and the same is hereby amended to amend Sections 1 and 2 to remove the following structures: 4730 Avenue A (Garage Apartment) 2925 Harriot 3491 W. Euclid Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the buildings located at 4730 Avenue A (Garage Apartment 2925 Harriot 3491 W. Euclid either demolish or repair such structure within days of the effective date of this ordinance. If the owners fail or refuse to repair or demolish the structure within the time limit set herein, the City is authorized to demolish the structure without further Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2004. - Mayor Evelyn M. Lord - 6 June S,2004 Consider adopting"Guidelines for Speakers and Others in Meetings of Beaumont City Council and Commission Meetings" City of Beaumont Council Agenda Item QIE! ` g T O: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: June 8, 2004 AGENDA MEMO DATE: June 2, 2004 REQUESTED ACTION: Council consider a resolution adopting "Guidelines for Speakers and Others in Meetings of Beaumont City Council and Commission Meetings." RECOMMENDATION If the Council desires, they can adopt a resolution adopting some guidelines for speakers, thus formalizing the guidelines. BACKGROUND It is believed that some uniform set of guidelines should be disseminated to those who desire to address the City Council and other commission members on matters associated with City activities. To that end, proposed guidelines have been discussed at the last two (2) Council meetings. The guidelines provided with this agenda memorandum may be amended in any way the Council desires prior to their adoption. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: The Administration. GUIDELINES FOR SPEAKERS AND OTHERS IN MEETINGS OF BEAUMONT CITY COUNCIL AND COMMISSION MEETINGS The purpose of the public comment period at the end of the Council business agenda is to allow persons to address the City Council on matters related to the business of the City. Such comments should be made in a spirit of civility and common courtesy. To that end, the Council has adopted these guidelines for such comments. The guidelines will be enforced by the person chairing the meeting. 1. Speakers may speak for a maximum of three minutes at the podium and shall not raise their voice beyond what is necessary for adequate communication. Speakers shall refer to council members and employees by their title, e.g., Mr. or Mrs. and last name or by their title alone, e.g., City Manager or City Attorney. 2. Speakers shall not refer to local businesses or people by name. Reference to City departments and individuals must be generic. 3. Clearly political speeches which advocate or support candidates or parties or their issues are not appropriate. 4. Speakers and spectators shall not obstruct the view of another or in any other manner disturb or interfere with the orderly conduct of the meeting. Such actions may be a violation of Penal Code §42.05 which makes disruption of a lawful meeting a Class B misdemeanor. No person within the City Council Chambers shall speak or act in a loud and raucous manner which has the effect of disrupting the meeting. 5. Any police officer or other person assigned to provide security for the Council meeting shall advise any person who fails to comply with these guidelines of his or her noncompliance. Any person who, after having been advised of his or her noncompliance, continues to violate these rules may be ejected by the security personnel from the Council chambers. A person who has been ejected from the Council meeting three (3) times for rules violations may lose the privilege of speaking at future City Council meetings for some period of time. 6. In accordance with the Open Meeting Laws of the State of Texas, the Council is prohibited from responding to speakers on unposted matters beyond providing specific, factual information or an explanation of current policy. Any discussion among the Council members concerning the public comments is limited to a proposal to place the item on a future agenda. IL- I City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 8, 2004 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments A) Approve an asbestos abatement contract for work at Police Headquarters B) Approve a contract for installing new carpet and vinyl floor file at Police Headquarters C) Approve a one(1)year contract for sanitary sewer manhole sealing D) Authorize a reimbursement to Millennium Pipeline Company; L. P. for the adjustment of their facilities on FM364/Major Drive A City of Beaumont ~ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: June 8, 2004 AGENDA MEMO DATE: June 3, 2004 REQUESTED ACTION: Council consider award of an asbestos abatement contract. RECOMMENDATION Administration recommends the award of a bid to UAS Automation Systems of Orlando,Florida for providing all labor, equipment, materials and supplies for an asbestos abatement in the amount of $49,950. BACKGROUND Eight(8)bids were received for furnishing all labor,materials,equipment and supplies for the removal and disposal of all asbestos-containing mastic and floor tile located in the Police Building at 255 College. Renovations scheduled in this fiscal year include removal and replacement of the existing floor covering, removal and replacement ofthe roof,and various modifications to existing rooms and offices. Prior to renovating a public building,an environmental survey for the presence of asbestos-containing materials must be conducted. Results of the survey conducted in the Police Building determined the presence of asbestos-containing mastic. Mastic is the adhesive used in the placement ofthe floor tile. Most of the floor the was original to the building which was constructed in 1973. The abatement of the floor materials will be conducted in phases so as to minimize the disruption of employees conducting their daily work. The Contractor will be responsible for removing furniture from rooms and offices,removing and disposing the floor materials,and replacing furniture after the new flooring is installed by others. The project is divided into thirteen(13)phases with completion of each phase between three (3) and five (5) days. The bids received for this project are as follow: Asbestos Abatement-Police Building June 3, 2004 Page 2 Contractor Location Price UAS Automation Systems Orlando, Florida $49,950.00 Environmental Response of Texas Houston, TX $57,800.00 Assured Environmental Quality, Inc. Houston, TX $64,276.00 Basic Industries, Inc. Houston, TX $71,885.00 Certified/LVI Environmental Services., Inc. Houston, TX $85,600.00 Access Environmental, LLC San Antonio, TX $99,994.00 Southwest Constructors Austin, TX $137,137.00 CST Environmental, Inc. Houston, TX $148,800.00 Contractors are required to provide proofofinsurance,workers'compensation,and performance and payment bonds prior to execution of contract. The Building Services Division along with the City's contracted environmental consultant will monitor the abatement project. Abatement is expected to begin by July 1, 2004 and be completed within three to four months. BUDGETARY IMPACT Funds are available in the Capital Reserve Fund for this project. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. B t OU77 i City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: June 8, 2004 AGENDA MEMO DATE: June 3, 2004 REQUESTED ACTION: Council consider award of a contract for installing new carpet and vinyl floor tile. RECOMMENDATION Administration recommends the award of a bid to Porter's Carpet, Inc. of Beaumont in the amount of$37,627.95 for furnishing and installing new vinyl floor tile and carpet in the Police Building located at 255 College Street. BACKGROUND Four(4)bids were received for furnishing and installing new vinyl floor tile and carpet in the Police Building. The contractor will be responsible for installing the flooring in phases upon completion of the asbestos abatement by a separate contractor. There is approximately 33,000 square feet of flooring to be replaced in the building's three levels. The Contractor will install new Armstrong vinyl composition 12"x 12"tile and J&J"Certificate l f' commercial carpet in the designated areas. The bids received are as follow: Vendor Location Price Porter's Carpet, Inc. Beaumont, TX $37,627.95 Orange County Flooring dba Custom Flooring Vidor, TX $46,500.00 Beaumont Carpet One Beaumont, TX $50,314.00 J&W Complete Flooring Beaumont, TX $57,497.00 Installation of Carpet and Vinyl Floor Tile June 3, 2004 Page 2 A mandatory pre-bid was conducted to provide vendors the opportunity to tour the building and discuss the specifications' terms and conditions. The installation of the new floor covering will be done in conjunction with the asbestos abatement to minimize disruption of the employees' work area as much as possible. The Contractor will begin preparing the floor for the installation of new floor materials upon completion of the abatement. The project is divided into thirteen (13) phases with carpet and tile installation requiring five(S) days per phase for completion. The awarded contractor will be required to provide proof of insurance, workers' compensation, and performance and payment bonds prior to execution of the contract. The Building Services Division will monitor this project. The project is expected to begin July 1, 2004 and be completed within four(4)months. BUDGETARY IMPACT Funds are available in the Capital Reserve Fund for this project. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. c City of Beaumont -in MT MINIBOOM Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: June 8, 2004 AGENDA MEMO DATE: May 26, 2004 REQUESTED ACTION: Council approval of a one (1) year contract for sanitary sewer manhole sealing. RECOMMENDATION Administration recommends award of a one(1)year contract to Uretek ICR Specialties of Houston for sealing sanitary sewer manholes at a unit cost of$500 each, with an additional charge of$9.00 per pound for injected material. BACKGROUND Bids were requested for the sealing of damaged sanitary sewer manholes in order to reduce the infiltration of dirt and foreign matter into the manhole, which impedes flow and reduces the effectiveness of the sewer system. The repair will consist of a visual inspection of damaged manholes, followed by injection of a polymer foam which expands to fill cracks and voids in the manhole walls. The foam hardens within seconds, and creates a sealed environment which will eliminate the infiltration of outside contaminants. Two (2) bids were received, as reflected in the bid tabulation below. vendars Base .rice per : anhole Cost per Pound for In'ected Material ...................... Uretek ICR Specialties $500.00 $9.00 Houston, Texas Allco, LTD. $695.00 $45.00 Beaumont, Texas Contract for Sanitary Sewer Manhole Sealing May 26, 2004 Page 2 It is anticipated that approximately 25-30 manholes will be repaired during the contract period, at an estimated total cost of$25,000. BUDGETARY IMPACT Funds are available for this expenditure in the Public Works Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Public Works Director. City of Beaumont Q = Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: June 8, 2004 AGENDA MEMO DATE: June 1, 2004 REQUESTED ACTION: Council approve a resolution authorizing the expenditure of $169,638.68 to reimburse Millennium Pipeline Company, L. P. for the adjustment of their facilities on FM364/Major Drive. RECOMMENDATION Administration recommends approval of resolution authorizing the reimbursement to Millennium Pipeline Company, L. P. in the amount of$169,638.68. BACKGROUND A Three Party Utility Agreement was executed on September 3, 2002 between the City of Beaumont, the Texas Department of Transportation and Millennium Pipeline Company, L. P.. The total eligible cost for the adjustment of the pipeline facilities is $169,638.68, which is the amount owed to the utility company by the City of Beaumont. Subsequent to the City's reimbursement, the Texas Department of Transportation will reimburse the City of Beaumont 80% of the total cost, which is $135,710.94. That is a net cost of$33,927.74 to the City. BUDGETARY IMPACT The net cost to the City is $33,927.74 and is available in the Capital Improvement Program. PREVIOUS ACTION A Three Party Utility Agreement was executed between the City of Beaumont, the Texas Department of Transportation and Millennium Pipeline Company, L. P. on September 3, 2002. SUBSEQUENT ACTION The Texas Department of Transportation will reimburse the City of Beaumont 80% of the total cost, which is $135,710.94. That is a net cost of$33,927.74 to the City. RECOMMENDED BY City Manager, Public Works Director and City Engineer. \engmillenium_reimbursement-ib.wpd June 1,2004 Texas Department of Transportation 8350 EASTEX FREEWAY•BEAUMONT,TX 77708•(409)892-7311 May 20, 2004 Millennium Pipeline Ul-4018 Jefferson County CSJ 0786-01-064 9120-00-01 Hwy.: FM 364 from SH 124 to SH 105 Mr. Ronnie Pullin Real Property Coordinator City of Beaumont P.O. Box 3827 Beaumont, Texas 77704-3827 Dear Mr. Pullin: Reference is made to the above noted project and adjustment. The billing submission has been reviewed and approved by Right of Way Division and the Audit office. We have been instructed to authorize the City to make payment to the utility (Millennium) for 100% of the eligible costs. The final billing of$169,638.68 was reviewed and approved, and authorization is given to make payment in that amount. Enclosed please find a copy of the Tabulation of Utility Adjustments form requesting reimbursement to the City of Beaumont for 80% of their adjustment payments, or$135,710.94. Please return this form with evidence of payment to the utility. If you need additional information, please contact Wayne David at 409-898-5770. Sincerely, Lynwood Walters i r District ROW Administrator WD Encl. MAY An Equal Opportunity Employer Form ROW-U-45 Rev.3/2004 GSO-EPC Page 1 of 1 TABULATION OF UTILITY ADJUSTMENTS (SUP) Date: 05-20-04 Federal Project No.: DPR 0057 (001) District: Beaumont ROW CSJ: 0786-01-064 County/City of Jefferson,Texas Highway: FM 364 Utility Utility Amount of Firm Commitment Amount of Company Agreement Final Billing or Net Cost to Requested Number County/City Reimbursement Millennium Pipeline U1-4018 $ 169,638.68 $ 33,927.74 $135,710.94 U- $ $ $ U- $ $ $ U- $ $ $ U- $ $ $ CERTIFICATION I hereby certify that the above utility adjustment(s) were made in full accordance with the provisions of the Contractual Agreement between the County/City of Beaumont, Texas, and the State of Texas, and the amount(s) shown herein under"Firm Commitment or Net Cost to County/City'were accordingly paid to the utility company(ies) and documentary evidence to this effect is contained in the County/City records. Authorized Local Government Representative Date Millennium Pipeline Company LP 4669 Southwest Freeway Suite 400 Houston, TX 77027 Ms. Ilona Baker INVOICE#: 1500 City of Beaumont- Engineering P. O_ Box 3827 INVOICE DATE: November 18,2003 Beaumont, TX 77704 PAYMENT DUE: Upon Receipt INVOICE SUMMARY PRIOR BALANCE: $0.00 PAYMENT: $0.00 ADJUSTMENTS: $0.00 BALANCE FORWARD: $0.00 DESCRIPTION AMOUNT Recovery of project costs associated with pipeline casing extension at FM 364 in the City of Beaumont under Third Party Utility Agreement #9120-00-01 $169,638.68 SUBTOTAL: 5169,538.68 TAXES: $0.00 BALANCE FORWARD: $0.00 TOTAL INVOICE AMOUNT: $169,638.68