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HomeMy WebLinkAboutPACKET MAR 26 2002 M7V~ t ow 4 017 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 26, 2002 1:30 P.M. AGENDA OPENING -h Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on items listed on the Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 2412 Delaware 2. Consider a request for a specific use permit to provide space for pre-owned furniture and accessories in an RCR(Residential Conservation and Revitalization) District at 2262 Forth Street 3. Consider a request for a specific use permit to allow a jewelry store in Building "B," Tuscany Park at 3350 Dowlen Road 4. Consider a request for a specific use permit for additional parking and use of a trailer on a lot for a food pantry and clothes closet for a church at 2185 Wilson Street 5. Consider a request for a specific use permit for the renting and leasing of heavy constriction equipment with the associated storage, repair and maintenance of said equipment at the rear of 1680 W. Florida 6. Consider conducting a public hearing/workshop to review the 2002 Public Services/Public Facilities and Improvements Applications along with Administration and CDAC recommendations, and make allocations for the Public Services line item of the 2002 Action Plan, thereby adopting the Final 2002 Action Plan of the Consolidated Block Grant Program COMMENTS • Councilmembers comment on various matters • City Manager's Report - CDBG Public Service Funding; Chamber of Commerce Annual Trip to Austin; Beaumont Track Club; Health Department Employee Recognition • 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: Claim of Christian Jayme Vaughn Stephen Ayres, Jr. v. City of Beaumont, et al * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Clerk Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 March 26, 2002 Council consider approving a request for a zone change from RS(Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 2412 Delaware V~ City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 26, 2002 AGENDA MEMO DATE: March 19, 2002 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 2412 Delaware. RECOMMENDATION The Administration recommends approval of the request for a zone change from RS (Residential Single Family Dwelling)to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 2412 Delaware. BACKGROUND Salim Makdsi, the applicant, wants to rezone the property at 2412 Delaware. A single family residential structure sits on Lot 7. Mr. Makdsi owns this lot and Lots 8-10, to the east. A convenience store sits on Lots 8-10. A convenience store has been at this location for many years. The widening of Concord and Delaware at this corner has resulted in Mr. Makdsi losing the fuel tanks and off-street parking in front of the convenience store. The store is now only 30 feet off both streets. Mr. Makdsi would like to demolish the existing store and rebuild. This would require the rezoning of Lot 7 so that he could move the building to the west. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held March 18, 2002, the Planning Commission voted 5-0 to approve a request for a zone change from RS to GC-MD District for the property at 2412 Delaware as requested in File 1604-Z. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from RS to GC-MD District for the property at 2412 Delaware. FILE 1604-Z: Request for a zone change from RS (Residential Single Family NORTH i. Dwelling) to GC-MD (General Commercial- Multiple Family Dwelling) District. - Location: 2412 Delaware Applicant: Salim Makdsi SCALE o (� i^=200, rULAME ' o s► :--- Tu"#vE 1 it tt o O-5 1 to „ s � � tom---� - t — K J� • � 0p0 CA 3 W 07 0 • 1 ... ' PELF'S � t �6Q� W �1 �•� r 1 ( , . 2 At eEArRICE ++ BEATRICE ST. - L= 946 ai Ira �9,Q r. �• co CIO 1 •b ��' dy _ -jo�' •7 so VO _ t Q w •t- �G Z . ' • t O _ v\\ 1 at• a A' a7r ,rt � "y %�'1 \�l �� •`` EXHIBIT "A" ROAD _ ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULARTHE BOUNDARIES OFTHE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED AS RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2412 DELAWARE, 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 30-5B thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to GC-MD(General Commercial-Multiple Family Dwelling)District for property located at 2412 Delaware, being Lot 7, Block 1, Cousins Addition, City of Beaumont, Jefferson County, Texas, as shown on Exhibit"A" attached hereto and made a part hereof for all purposes, 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 hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. GACG\ORDINANC\ZONINGHC.ORD Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 26th day of March, 2002. - Mayor - 2 March 26, 2002 Council consider approving a request for a specific use permit to provide space for pre-owned furniture and accessories in an RCR(Residential Conservation and Revitalization) District at 2262 North Street City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 26, 2002 AGENDA MEMO DATE: March 19, 2002 REQUESTED ACTION: Council consider a request for a specific use permit to provide space for pre-owned furniture and accessories in an RCR (Residential Conservation and Revitalization) District at 2262 North Street. RECOMMENDATION The Administration recommends approval of the specific use permit to provide space for pre-owned furniture and accessories in an RCR(Residential Conservation and Revitalization)District at 2262 North Street with a modification to the landscaping and screening. BACKGROUND James "Buddy" Stone, the applicant and owner, wants to operate a retail business in an existing building at 2262 North, in the Oaks Historic District. Two buildings are located on the subject property. A bookkeeping firm is in the building at the rear. The entrance to the store will be primarily in the rear. A paved parking lot accommodating 10-12 cars separates the two buildings. Mr. Stone is requesting a modification to the screening and landscaping requirements on the north and east property lines. A chain link fence and some vegetation exist along the north and east property lines. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held March 18, 2002, the Planning Commission voted 5-0 to approve a specific use permit to provide space for pre-owned furniture and accessories in an RCR District at 2262 North Street with a modification to the landscaping and screening as requested in File 1603-P. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to provide space for pre-owned furniture and accessories in an RCR District at 2262 North Street with a modification to the landscaping and screening. ' File 1603-P: Request for specific use permit to provide space for pre-owned furniture NORTH and accessories in an RCR (Residential Conservation Revitalization) District. Location: 2262 North St. Applicant: James W. (Buddy) Stone SCALE 1"=200' ' /v 7-- !r tr t! r• n « 11 I q N IS N • y ; t+ . tt r, « is « t / 1/IF � 90 ASHLEY AVE. '10 l 1 • , V // q , I 1 I I • , t l I , • M I ,f f I I I $ 9 it Ca/.o I tl 1! w t! M If (t1 N to let Ar t1 104 tl I , • • 1 1 f i , I LOS AVE 50 JI SOI LONG AVE. -10 10 30 30 r • 1 • / is is /, ,I , I 1 I t • , t , 1 J 1 b It I 's 7 , fA _ ll tJ M I r! +• +! I q to It 1r I/ a a ' 11 of --2 I 1 I , t : I I ! IYARRISON 2200 HARRISON AVE. 2/co - I r • r . ! , t , �I! ,: „ o , . I 1 I , . , r I 1 O 4. e - o /1 _ 9 I fr r! l• N tr /• ' /! II Il /I t• 0 " tl Al tl lot . I ! • l i l I I 51�• �� _ 50 I I s HAZEL AVE. 19, 30 I - - - ,.� � II I U33 r "r* I'S jw 'S NORTH ST. s I � • r 1 • I ! , I /O IJ I of ! N �a , I T _ f , ( • I y ! t I yr I I r• h "All Bak - - - - toa �+---�► . - - -----=---- * Approval with a modification to the landscaping and screening. Oal _ I 46 z ! 77212c ,4:Pf.• iS 1/EL EXHIBIT "B" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO PROVIDE SPACE FOR PRE-OWNED FURNITURE AND ACCESSORIES IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT, LOCATED AT 2262 NORTH 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 James "Buddy" Stone to provide space for pre-owned furniture and accessories in an RCR (Residential Conservation and Revitalization) District, located at 2262 North Street, being the east 25' of Lot 17 and the west 37.5' of Lot 18, Block 6, Averill 2"d Addition, Beaumont, Jefferson County, Texas, containing 0.22 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes; 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to provide space for pre-owned furniture and accessories in an RCR (Residential Conservation and Revitalization) District, located at 2262 North Street, made a part hereof for all purposes, is hereby granted to James "Buddy" Stone, his legal representatives, successors and assigns for that certain tract shown on Exhibit "A" attached hereto and made a part hereof for all purposes, subject to the following condition: • Modification to the landscaping and screening on the north and east property lines to allow the existing screening and landscaping as shown on Exhibit "B". 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 hereinabove 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 March, 2002. - Mayor - 3 March 26,2002 Council consider approving a request for a specific use permit to allow a jewelry store in Building "B,"Tuscany Park at 3350 Dowlen Road ti7lif City of Beaumont A = Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 26, 2002 AGENDA MEMO DATE: March 19, 2002 REQUESTED ACTION: Council consider a request for a specific use permit to allow a jewelry store in Building `B", Tuscany Park at 3350 Dowlen Road. RECOMMENDATION The Administration recommends approval of the specific use permit to allow a jewelry store in Building "B", Tuscany Park at 3350 Dowlen Road. BACKGROUND Tuscany Park is a 12 acre professional office and commercial complex that was zoned PUD in March, 2001. Mathew's Jewelry wants to open a 1,808 square foot retail store in Building`B". A number of retail stores and professional offices have opened in the complex. With PUD zoning, each non-residential use must receive a specific use permit. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held March 18, 2002,the Planning Commission voted 5-0 to approve a specific use permit to allow a jewelry store in Building`B", Tuscany Park at 3350 Dowlen Road as requested in File 1605-P. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a jewelry store in Building`B", Tuscany Park at 3350 Dowlen Road. r LE 1605-P: Request for a specific use permit for a retail store. NORTH cation: 3350 Dowlen Rd. e Applicant: Brentwood Investments Development Co.,Ltd. SCALE N.T.S. Gc-ML) rae n iotsor AN �,. m. FOLSOM OR. 5 00 AFDC .•en w•�•u.w,t { * W °tom, . _ .. ..:•. sY . - � . W '000 o-26 Uj R'M - SPUD lruC .. I kii ! _ RS ----------- `/� EXHIBIT "A" FrALZ w IUT 1 '��.• \r Lair 4 -a.r arV71t pr.j/' 41-10 GAN►w. ..... ..:.... .♦tl1 Aop %.? � j 1 r �.�e �•\y\ \7Gll 1 V. AO• � Gffi�AREA ft"K S460 ACM T ws CALVARYblf1TST----'> ` f 1 C— CHURCH �/ ��i 2 /^ / r, r Il �[n I I \ . .......•�.... .( �, •• ,'Af1�• I,', � \... 1 �1/l 1/ � I �r LOCATION MAP 1.11 ACM •It,7/ /.a�*J�\••,`�`. ; "� `�• MIL•Y !�•��•�`\:. /\'/�. 't a•�rA�lr / ' fit', / i Z %' �' \� '.• �./, e • = J's �...�sr_�#�_ '�\ 'f" �� is R /• �\\�� ��.,;,��(t.'`���%/ � I i A 7.t��.:5��-�:�y'r•LX.I��sy DOWLINROAD CHURCH OF CffWSr-- Lor j j_ — �--u r=-7s:_-� r �'Lor r 'wt �"` �i •\ , sulnci u++cs tr r--- � :,==•� :.r Sir -y;•-- _ L- - ' -. ` ' ter,`, • +� liria�i i _ _ —.—.—.fir._.—•—•——•—•—` �D IIdNJtO _�_�-—'-�=—— — — —• 1\4 .+altrr aon.las .r or..s A r......c�A �I PRELIMINARY PLAT,4v.-z " 74 AO"=.,�M r � jSCANY PARK X ..»•.._. ._ C-steN l 10I PRASE ONE&TWO _ A PLANNED UNIT DEVELOPMENT -- W � reo.om aENc11K usa: LOTS 1-6 ^tr • our or . "PAW Am woww anc0 17tL H. tames SURYLr. ABSTRACT N0. ee ---- -- �' •u �.. . I"mAlr anor LOCATED of - - -- -•y Dam."Amber IFAM r.n•+aA_r...AAr r. _ .Alasva ass 91,100 _ 1G/UYONr, JI771J0M COUNT, 17a ►AAr A_•r.•w_ .r�._�.._�+•A+ ..alp a�1.O�Ut w11m .... • t001- •1°'a 10•{O AUGUST • •1•�-•M-� •60"a f aaww Ar-Ar w Yw♦M�/. r �ry/»r V.Y..•W�.v,�• �u1/r��0 t�1���M7 AYr1r1C aa.lar L{1i1�•+� Pt1'Qe/ C0.1.1. -•••••• -••-r•r .rA_+...r_r.w.AuA •aa'wfr M7Q M /`l wa ►�.i�rn. Mown.1mA1 nsr ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW TO ALLOW A JEWELRY STORE IN BUILDING "B", TUSCANY PARK IN A PLANNED UNIT DEVELOPMENT (PUD) DISTRICT FOR PROPERTY LOCATED AT 3350 DOWLEN 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 Brentwood Investments Development Co., LTD to allow a jewelry store in Building "B", Tuscany Park in a Planned Unit Development (PUD) District for property located at 3350 Dowlen Road, being Lot 1, Phase One, Tuscany Park, City of Beaumont, Jefferson County, Texas, containing 0.903 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 all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a jewelry store in Building "B", Tuscany Park in a Planned Unit Development (PUD) District for property located at 3350 Dowlen Road is hereby granted to Brentwood Investments Development Co., LTD, its legal representatives, successors and assigns for those certain tracts as described in Exhibit "A" attached hereto and made a part hereof for all purposes. 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 hereinabove 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 March, 2002. - Mayor - 4 March 26,2002 Council consider a request for a specific use permit for additional parking and use of a trailer on a lot for a food pantry and clothes closet for a church at 2185 Wilson Street City of Beaumont Council Agenda Item Ai1D'P9Jf zkmg -3 TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 26, 2002 AGENDA MEMO DATE: March 19, 2002 REQUESTED ACTION: Council consider a request for a specific use permit for additional parking and use of a trailer on a lot for a food pantry and clothes closet for a church at 2185 Wilson Street. RECOMMENDATION The Administration recommends approval of the specific use permit for additional parking and use of a trailer on a lot for a food pantry and clothes closet for a church at 2185 Wilson Street, subject to increasing the widths of the parking spaces to 9' and with a modification of the screening and landscaping requirements along the east and west sides of the subject property. BACKGROUND New Birth Assembly of God would like to use the property that it owns across the street from its sanctuary for overflow parking and a place for an existing trailer to be relocated. The pastor states that the parking lot will be paved, landscaped and lighted. The trailer,which has been in use since 1988, will be used for a drama storage room, food pantry, library/book store and clothes closet for the community and church members. The food pantry and clothes closet will be open 1 hour before services on Sundays and Wednesdays. The church owns Lots 3A-513. It is negotiating to buy the other three houses in the 2100 block of Wilson Street. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held March 18, 2002,the Planning Commission voted 5-0 to approve a specific use permit for additional parking and use of a trailer on a lot for a food pantry and clothes closet for a church at 2185 Wilson Street, subject to increasing the widths of the parking spaces to 9' and with a modification of the screening and landscaping requirements along the east and west sides of the subject property as requested in File 1607-P. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit for additional parking and use of a trailer on a lot for a food pantry and clothes closet for a church at 2185 Wilson Street, subject to increasing the widths of the parking spaces to 9' and with a modification of the screening and landscaping requirements along the east and west sides of the subject property. a 1 FILE 1607-P: Request for a specific use permit for additional parking and use of a NORTH trailer on a lot for a food pantry and clothes closet for a church in an area zoned RM- - H (Residential Multiple Family Dwelling-High Density). Location: 2185 Wilson St. SCALE Applicant:New Birth Assembly of God Church i"=200' 'IS so so list — - - •N a • M so _ - +. �• • w� • 1 it `° • • t • f • i ! • S � Al Is • 1 to la ii,iO t t! If q qq / • q • _ - - • ' so so so too so _ so so so • s s 7g �` o s a - i �y W LU LU J LU m �! • m $ `0 • b �' •• 4F • i M a • d, i • • a h t • • • • • • • • • a • • • • ! • • • • Z si 81 + • �� • �q, 1 7 • • 10 11 q • • 10 11 ;4 SE 60 SE jo so 410 t . s . a a 1 � • • . f t t a� . g r :. . �. 113 u • �' ' a I t1 ` EXHIBIT 61A71 LOT 3A, 3B, 4A, 4B, 5A, 5B c . • � I ,!/+-.�j/� I BLOCK 82 BEAUMONT, TEXAS �//�/ JEFFERSON COUNTY goo! —• ( - %�o�/ I 1. GRADES $ SLOPES ® HC PARKING do ACCESS AISLES IL i '' I NOT TO EXCEED 1/4-/FOOT SLOPE. .-..__..__,_I �: / ' '/ I 2. SITE PREPARATION. CONCRETE, AND DRAINAGE SHALL COMPLY WITH THE CITY OF BEAUMONT. LOT­I�_ I I 8 3L EXISTING TREE TO BE REMOVED. ALL ROUTS AND 3 DEBRIS TO BE REMOVED. PROVIDE REQUIRED FILL LOT 3A I LOT 3B ( LOT 4B LOT 5A I LOT 50 I DM. IRIX �- �.:' ; cREFPE MYRn E A O ILOT J A --1----- --I— -1------I - - HULDI�c SE B" INI IIAN IIAwR ICxtN B p�� p rr „�� O V�'O I I - -.- UCUSIRIUM C 20 • '-0' 1 24'-0' 20'-0' — — l , A WILSON STREET , +.� LANDSCAPE PLAN is �I *Approval subject to increasing the widths of the parking; spaces to 9' SK4 rn g and with a modification of the screening and landscaping requirements _ me x along; the east and west sides of the subject property. � A b "1 RODERICK A. BLUIEU OWNER(409) 654-8231 PROPOSED LANDSCAPE PLAN 1 " = 30'-0" Im Pgaf"ER,rL4} ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW ADDITIONAL PARKING AND USE OF A TRAILER ON A LOT FOR A FOOD PANTRY AND CLOTHES CLOSET FOR A CHURCH IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGH DENSITY)DISTRICT LOCATED AT 2185 WILSON STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to New Birth Assembly of God to allow additional parking and use of a trailer on a lot for a food pantry and clothes closet for a church in an RM-H (Residential Multiple Family Dwelling-High Density) District located at 2185 Wilson Street, being Lots 3A, 3B, 4A, 4B, 5A and 5B, Block 82, Pinecrest Addition, City of Beaumont, Jefferson County, Texas, containing 0.48 acres of land, 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; [i] Increase the widths of the parking spaces to 9'. [i] Modification of the screening and landscaping requirements along the east and west sides of the subject property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow additional parking and use of a trailer on a lot for a food pantry and clothes closet for a church in an RM-H (Residential Multiple Family Dwelling-High Density) District located at 2185 Wilson Street as shown on Exhibit "A" attached hereto, is hereby granted to New Birth Assembly of God Church, its legal representatives, successors and assigns, subject to the above conditions. 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 hereinabove 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 March, 2002. - Mayor- 5 March 26, 2002 Council consider a request for a specific use permit for the renting and leasing of heavy construction equipment with the associated storage,repair and maintenance of said equipment at the rear of 1680 W. Florida 11 7S ii Cit y of Beaumont Council Agenda Item A C TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 26, 2002 AGENDA MEMO DATE: March 19, 2002 REQUESTED ACTION: Council consider a request for a specific use permit for the renting and leasing of heavy construction equipment with the associated storage,repair and maintenance of said equipment at the rear of 1680 W. Florida. RECOMMENDATION The Administration recommends approval of the specific use permit for the renting and leasing of heavy construction equipment with the associated storage,repair and maintenance of said equipment at the rear of 1680 W.Florida,subject to the supports of the owner identification sign being set back 10' from the property line,no storage of vehicles or equipment on the north 200'of the property and with a modification to the screening and landscaping requirements along the north property line. BACKGROUND Todd Barnes, the owner, wishes to build and operate a repair and maintenance shop with secured parking for dump trucks and earth moving equipment on a one acre tract of land north of West Florida Avenue. Mr. Barnes is in the construction and dump truck business. He supplies trucks to his own jobs as well as to other contractors. The property will be used as a fenced and secured parking facility for his trucks when they are not in service. He will also perform maintenance on his equipment in the proposed building. The maintenance and parking area will be enclosed by an 8'tall wood screening fence. The site plan shows an open space area for the north 200' of the property. The property to the north is zoned RS (Residential Single Family Dwelling). Normally, an 8'tall screening fence and 10'wide landscape strip would be required. In place of that requirement,a 30'wide landscape buffer could be installed. However, the 200'of open space would be an adequate buffer as long as no equipment storage was allowed within that area. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held March 18, 2002, the Planning Commission voted 5-0 to approve a specific use permit for the renting and leasing of heavy construction equipment with the associated storage, repair and maintenance of said equipment at the rear of 1680 W. Florida as requested in File 1608-P, subject to the supports of the owner identification sign being set back 10' from the property line,no storage of vehicles or equipment on the north 200'of the property and with a modification to the screening and landscaping requirements along the north property line. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit for the renting and leasing of heavy construction equipment with the associated storage,repair and maintenance of said equipment at the rear of 1680 W. Florida, subject to the supports of the owner identification sign being set back 10' from the property line, no storage of vehicles or equipment on the north 200' of the property and with a modification to the screening and landscaping requirements along the north property line. FILE 1608-P: Request for a specific use permit for the renting and leasing of heavy AVftI n construction equipment with the associated storage, repair and maintenance of said A equipment.. C Location: 1680 W. Florida (rear) SCALE AW It Applicant: James Todd Barnes 1"=200' • V D C n �r �y RM - H MMD SUB T WEST FLORIDA AVE. .s�s . FLORIDA A rtI•�i *am pf GCCgRO/NqC OR _' av EXHIBIT "A" DROi+f RiY IWIE 100:0 C p 1 Ear 8 o 13E § i v i R� CYeg Z�= 1 YINE �0' 202W 1 / .�� 20i OP N.000r DYE J --—\\\J 21 20D Cr PR']PERlyme I St �(F q:�l'60D av Dl'f a C * Approval subject to the supports of the owner identification sign rri z being set back 10' from the property line, no storage of vehicles 4 or equipment on the north 200' of the property and with a z modification to the screening and landscaping requirements along M the north property line. K 2 W =-I ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE RENTING AND LEASING OF HEAVY CONSTRUCTION EQUIPMENT WITH THE ASSOCIATED STORAGE, REPAIR AND MAINTENANCE OF SAID EQUIPMENT IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT THE REAR OF 1680 W. FLORIDA 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 Todd Barnes for the renting and leasing of heavy construction equipment with the associated storage, repair and maintenance of said equipment in a GC-MD (General Commercial-Multiple Family Dwelling) District located at the rear of 1680 W. Florida, being Lot 4, Block 15, Annie T. Warren Addition, City of Beaumont, Jefferson County, Texas, containing 1.088 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 the renting and leasing of heavy construction equipment with the associated storage, repair and maintenance of said equipment at the rear of 1680 W. Florida described above and as shown on Exhibit"A" attached hereto, is hereby granted to Todd Barnes, his legal representatives,successors and assigns, subject to the following conditions: • Supports of the owner identification sign being set back 10' from the property line. • No storage of vehicles or equipment on the north 200' of the property. • Modification to the screening and landscaping requirements along the north property line as shown on Exhibit "B". 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 hereinabove 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 March, 2002. - Mayor - 6 March 26, 2002 Council consider conducting a public hearing/workshop to review the 2002 Public Services/Public Facilities and Improvements Applications along with Administration and CDAC recommendations, and make allocations for the Public Services line item of the 2002 Action Plan,thereby adopting the Final 2002 Action Plan of the Consolidated Block Grant Program City of Beaumont Council Agenda Item � c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Janett Blunt, Interim Grants Administrator MEETING DATE: March 26, 2002 AGENDA MEMO DATE: March 20, 2002 REQUESTED ACTION: Council conduct a public hearing/workshop to review the 2002 Public Services/Public Facilities & Improvements Applications along with Administration and CDAC recommendations,and make allocations on Public Services line item of the 2002 Action Plan, thereby adopting the Final 2002 Action Plan of the Consolidated Block Grant Program. RECOMMENDATION The Administration recommends that Council conduct a public hearing/workshop to review the 2002 Public Services/Public Facilities&Improvements Applications along with Administration and CDAC recommendations,and make allocations on Public Services line item of the 2002 Action Plan,thereby adopting the Final 2002 Action Plan of the Consolidated Block Grant Program. BACKGROUND As mandated by the U. S. Department of Housing and Urban Development, City Council has conducted such public hearings/workshops in previous years prior to adopting the City's Final Annual Action Plan. CDAC and Administration recommendations have been forwarded to Council for consideration. BUDGETARY IMPACT The 2002 federal allocation of$3,396,000 is comprised of$2,387,000 in Community Development Block Grant funds, $926,000 in HOME funds and $83,000 in Emergency Shelter Grant funds. During the February 12, 200 Council Meeting, Council allocated $100,000 to the Public Services/Public Facilities& Improvements line item PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Executive Assistant to City Manager/Economic Development Director, Planning Manager, Housing Coordinator and Grants Administrator. RECOMMENDED MOTION Approve/Deny a request to make allocations on Public Services line item of the 2002 Action Plan, thereby adopting the Final 2002 Action Plan of the Consolidated Block Grant Program. Qt-fQ y L REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 25, 2002 1:30 P.M. CONSENT AGENDA 'k Approval of minutes Confirmation of committee appointments A) Approve a contract for the purchase of personal computers B) Authorize the granting of a License to Encroach to Richard Gilbert C) Authorize the granting of a License to Encroach to Apollo Environmental Strategies, Inc. D) Authorize the City Attorney or his designee to file and prosecute a lawsuit against C & I Computers Services, Inc., Cheryl Akbari and Kyoomars T. Akbari to collect on a delinquent Small Business Revolving Loan CONSENT AGENDA MARCH 26, 2002 * Committee Appointments Dr. George S.Hoffinan would be reappointed to the Airport Advisory Committee. The current term will expire March 18, 2004. (Councilmember Guy Goodson) Ranny Voight would be reappointed to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect. The current term will expire January 31,2004. (Councilmember Guy Goodson) Rhonda Hohmann would be reappointed to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect. The current term will expire March 20, 2004. (Councilmember Guy Goodson) Mary Jowers would be reappointed to the Civil Service Commission. The current term will expire January 31, 2003. (Stephen J. Bonczek, City Manager) Kathy Cornehl would be reappointed to the Drug Free Beaumont Commission. The current term will expire February 15, 2004. (Councilmember Becky Ames) Wanda Grimes would be reappointed to the Drug Free Beaumont Commission. The current term will expire February 15, 2004. (Councilmember Lulu Smith) Ken Doi linger would be reappointed to the Drug Free Beaumont Commission. The current term will expire February 15, 2003. (Councilmember Guy Goodson) Michelle Leday would be reappointed to the Drug Free Beaumont Commission. The current term will expire February 15, 2004. (Councilmember Guy Goodson) Joyce Lombard would be reappointed to the Drug Free Beaumont Commission. The current term will expire February 15, 2004. (Councilmember Guy Goodson) Leonie Bodwin would be reappointed to the Historical Landmark Commission. The current term will expire March 23, 2004. (Councilmember Bobbie J. Patterson) Dinah Bernsen would be reappointed to the Library Commission. The current term will expire January 31, 2004. (Councilmember Guy Goodson) Lula Henry would be reappointed to the Parks and Recreation Advisory Committee. The current term will expire September 14, 2003. (Councilmember Lulu Smith) George C. Jackson would be reappointed to the Parks and Recreation Advisory Committee. The current term will expire March 20, 2004. (Councilmember Guy Goodson) Calvin Williams would be appointed to the Planning Commission. The term will commence on March 26, 2002 and expire March 25, 2005. (Councilmember Bobbie J. Patterson) A) Approve a contract for the purchase of personal computers The Administration recommends approval of the purchase of seventy (70) personal computers from Dell Computer Corporation of Round Rock, Texas in the amount of$1,494.95 each or a total cost of $104,646.50. The personal computers will be issued to the Police Department,the Library and various City offices. The upgraded computers are required for the implementation of an intranet Lotus Notes email program. A copy of the staff memorandum is attached for your review. B) Authorize the granting of a License to Encroach to Richard Gilbert The encroachments are structures located at 646-690 and 665-695 Orleans Street and are encroaching on the City's west and east side of the Orleans Street 61.11 foot right-of-way and onto the City's north side of the Forsythe Street 61.11 foot right-of-way. The Administration recommends authorization to grant the License to Encroach. The License Agreement protects the City from liability and provides a 30-day cancellation clause. A copy of the staff memorandum is attached for your review. C) Authorize the granting of a License to Encroach to Apollo Environmental Strategies, Inc. Apollo Environmental Strategies, Inc.proposes to install a monitoring well onto the City's forty foot Irving Street right-of-way,adjacent to Plat F,Tract 53,D.Brown Survey,near the intersection of Irving Street and Buford. The monitoring well will cover a three square foot area. The Administration recommends authorization to grant the License to Encroach. A copy of the staff memorandum is attached for your review. D) Authorize the City Attorney or his designee to file and prosecute a lawsuit against C & 1 Computers Services, Inc.,Cheryl Akbari and Kyoomars T. Akbari to collect on a delinquent Small Business Revolving Loan. C & I Computer Services, Inc., owned by Cheryl and Kyoomars T. Akbari, originally received a Small Business loan in October, 1988 of$50,000 with 60 payments of$972.46 per month at an interest rate of 6.25%. The loan documents are in a corporate capacity and individually. The loan was rewritten 11/15/91, but there were never any payments made. The $35,015.24 balance was again rewritten 01/01/95 over 180 months with payments of$242.06 per month with a rate of 3.0%. The loan is four payments delinquent and has been as many as six payments delinquent. Subsequent to the granting of the loan C&I moved their business from Beaumont to Nederland. The debtor is not in compliance with multiple terms and covenants of the loan agreement. A copy of the staff memorandum is attached for your review. A .l City of Beaumont YT •� Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: March 26, 2002 AGENDA MEMO DATE: March 14, 2002 REQUESTED ACTION: Council consider award of a bid for personal computers. RECOMMENDATION Administration recommends the award of a bid for seventy (70) personal computers from Dell Computer Corporation of Round Rock, Texas in the amount of$1,494.95 each. BACKGROUND The State of Texas Cooperative Purchasing Program offers the Catalogue Purchasing Program for the purchase of high technology items. A list of Qualified Information Systems Vendors (QISV) is provided by the State for the procurement of high technology goods such as personal computers, software and telecommunications systems. Vendors must offer a published catalog or an Internet site describing their products and prices. Local entities may contact a minimum of three vendors for furnishing bids on specified products. In addition to price, the award of the bid may be based on criteria such as technical support,expansion and upgrading, and compatibility with existing systems. Eleven(11) QISV companies submitted prices ranging from$1,381 to $2,121 each for seventy(70) personal computers with a minimum 1.6 Gigahertz(GHz)processor, 20 Gigabyte(GB)Hard Drive, and 512 Megabyte(MB)Random Access Memory(RAM). The bids from the two apparent lowest bidders were rejected because the computers they proposed did not meet minimum specifications. The personal computers will be issued to the Police Department,the Library,and various City offices. The upgraded computers are required for the implementation of an intranet Lotus Notes email program. BUDGETARY IMPACT Funds for the purchase of these personal computers will be provided as follows: Purchase of Personal Computers and Printers March 14, 2002 Page 2 DEPT. FUND QTY. EACH TOTAL POLICE CONFISCATED GOODS FUND 21 $1,494.95 $31,393.95 CONVENTION HOTEL OCCUPANCY TAX 1 $1,494.95 $1,494.95 & VISITORS' FUND BUREAU MUNICIPAL MUNICIPAL COURT TECH 2 $1,494.95 $2,989.90 COURT FUND LIBRARY LIBRARY GRANTS FUND 9 $1,494.95 $13,454.55 VARIOUS CAPITAL RESERVE FUND 37 $1,494.95 $55,313.15 CITY OFFICES TOTAL: 70 j 1 $104,646.50 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny the purchase of personal computers from Dell Computer Corporation in the amount of $1,494.95 each. Purchase of Personal Computers and Printers March 14, 2002 Page 3 BID TABULATION FOR SEVENTY (70) PERSONAL COMPUTERS BID OPENING DATE: FEBRUARY 14, 2002 BID NUMBER: TF0102-13 QISV VENDOR PRICE TOTAL PRICE EACH SHEA Technologies, Burnsville, MN $1,381.00 $96,670.00 TEICC, Houston, TX $1,482.00 $103,740.00 Dell, Round Rock, TX $1,494.95 $104,646.50 Tangent Computers, Burlingame, CA $1,522.00 $106,540.00 Gateway, Kansas City, MO $1,524.00 $106,680.00 EQUUS, Richardson, TX $1,645.00 $115,150.00 Insight Direct, Tempe, AZ $1,665.01 $116,550.70 Global Computer Supplies, Fletcher, OH $1,710.00 $119,700.00 C & I Computers, Port Arthur, TX $1,778.00 $124,460.00 Logic Approach, Austin, TX $2,067.50 $144,725.00 SDF Professional Computer, Greenville, NC $2,121.43 S 148,500.10 B City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: March 26, 2002 AGENDA MEMO DATE: March 14, 2002 REQUESTED ACTION: Council consider a resolution authorizing the granting of a License to Encroach to Richard Gilbert onto the City's west and east side of the Orleans Street 61.11 foot right-of-way and onto the City's north side of the Forsythe Street 6 1.11 foot right-of-way. RECOMMENDATION The encroachments are structures located at 646-690 and 665-695 Orleans Street and are encroaching on the City's west and east side of the Orleans Street 61.11 foot right-of-way and onto the City's north side of the Forsythe Street 6 1.11 foot right-of-way. Properties are described as: (a) Tract One being the south 90 feet of Lot 198 and Lots 199 and 200, Block 40, Original Townsite of Beaumont, Jefferson County, Texas. (b) Tract Two being Lots 317, 318, and 328, Block 50, Original Townsite of Beaumont, Jefferson County, Texas. The administration recommends authorization to grant a License to Encroach. BACKGROUND The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny the resolution granting a License to Encroach to Richard Gilbert onto the City's west and east side of the Orleans Street 6 1.11 foot right-of-way and onto the City's north side of the Forsythe Street 61.11 foot right-of-way. bmtwmsit/jld LICENSE TO ENCROACH STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Richard Gilbert, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Encroachments being onto City's west and east side of the Orleans Street 61.11 foot right-of-way (646-690 and 665-695 Orleans Street) and onto the City's north side of the Forsythe Street 61.11 foot right-of-way. Properties are described as a) Tract One being the south 90 feet of Lot 198 and Lots 199 and 200, Block 40, Original Townsite of Beaumont, and b) Tract Two being Lots 317, 318, and 328, Block 50, Original Townsite of Beaumont, Jefferson County, Texas. Said encroachments are shown on Exhibit "A", attached. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent(25%) of the market value of the structure either: (1) before the improvement or repair is started; or(2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or Page 1 of 4 improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs,judgements or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less that thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Page 2 of 4 Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the Engineering Technician, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee shall be sufficient if mailed or hand delivered to the Property Owner at P.O. Box 670706, Houston, Texas 77267. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2002. LICENSOR CITY OF BEAUMONT By: Stephen J. Bonczek City Manager LICENSEE Richard Gilbert Page 3 of 4 STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2002, by Stephen J. Bonczek, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF X This instrument was acknowledged before me on the day of 2002, by by Richard Gilbert. Notary Public, State of Texas RETURN TO: City of Beaumont Diane Newsome P. O. Box 3827 Beaumont,Texas 77704 880-3725 encroach\bmtwnsit.hc Page 4 of 4 SUBJECT LICENSE TO ENCROACH 90 Q z ORLEANS STREET RIGHT X OF WAY AND FORSYTHE �OPy �L E�4Y STREET RIGHT OF WAY �� TEV S >- 1� v o � 646-690 & 665-695 O ORLEANS ST-SOUTH 90' OF LOT 198 AND LOTS 199 AND 200, BLOCK 40 AND LOTS 317, 318, AND 328, BLOCK 50, ORIGINAL TOWNSITE OF BEAUMONT APPLICANT: RICHARD GILBERT .S, 9�0,y O S LOCATION MAP N.T.S. R = o mmwz oa m ° euedvc -- o.zs auAa�c !_ao .-euuwc -elAlol>c , , - -BrA1.DYVG ^o DUAL il• WA&V DE Mr 71• N.TS ALTS DETAI •°• N.T.S DETAIL V ALT.s N.T.s Q DETM DETAL x ° DENT �• N.T.S NT.S M.T.S p � DETAa O N.U �i DETA& V N.T.S B Cq N.T s cn uE i, y a DETAIL TI• '_ Mrs a N ®� D- �g - yyy � � Li Lo ah 6 y yyp1 0) dl Ul Fa a a FORSYTHE STREET N.T.S. U EXHIBIT "A" c City of Beaumont Council Agenda Item , = . • g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: March 26, 2002 AGENDA MEMO DATE: March 14, 2002 REQUESTED ACTION: Council consider a resolution authorizing the granting of a License to Encroach to Apollo Environmental Strategies, Inc. into the rights-of-way of Irving Street. RECOMMENDATION Apollo Environmental Strategies, Inc. proposes to install a monitoring well onto the City's forty foot (40') Irving Street right-of-way, adjacent to Plat F, Tract 53, D. Brown Survey, near the intersection of Irving Street and Buford. The monitoring well will cover a three square foot area. The license will cover the monitoring well at the following location: Five feet (5') eight inches (8") east of the edge of pavement of Irving Street and fifty-eight feet (58') eight inches (8") south of the power pole at the corner of Irving Street and Buford. Administration recommends authorization to grant License to Encroach. BACKGROUND The monitoring well is being installed to track various pollutants. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. BUDGETARY IMPACT There is a one-time fee of$500 for the License to Encroach. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny approval to grant a License to Encroach to Apollo Environmental Strategies, Inc. into the right-of-way of Irving Street. irving/jld LICENSE TO ENCROACH STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Apollo Environmental Strategies, Inc., hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property(the subject of this license agreement) described as follows: Encroachment being onto the City's right-of-way, five feet(5') eight inches(8") east of the edge of pavement of Irving Street and fifty-eight feet (58') eight inches (8") south of the power pole at the corner of Irving Street and Buford. Said encroachment is shown on Exhibit "A", attached. NOW,THEREFORE,Licensor hereby grants to Licensee a license to occupy and use the subject property for the purpose of installing a groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify Water/Sewer Dispatch at 409-880-3784, for locates forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall maintain the said monitoring well in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After one year from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring well. Such notice should be sent to the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. 1 of 4 Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored,before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgements or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. 2 of 4 This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less that thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer,City of Beaumont,P.O. Box 3827,Beaumont,Texas 77704. Any notice to Licensee shall be sufficient if mailed or hand delivered to the Office of Apollo Environmental Strategies, Inc., P.O. Box 12114, Beaumont, Texas 77726. IN WITNESS, WHEREOF,the parties hereto have executed this agreement as of the day of 92002. LICENSOR CITY OF BEAUMONT By: Stephen J. Bonczek City Manager LICENSEE By: Printed name: Title: 3 of 4 STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2002, by Stephen J. Bonczek, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2002, by of , a corporation, on behalf of said corporation. Notary Public, State of Texas RETURN TO: City of Beaumont Diane Newsome P. O. Box 3827 Beaumont,Texas 77704 409-880-3725 monitodic 4 of 4 SUBJECT LICENSE TO ENCROACH IRVING STREET RIGHT OF WAY FOR INSTALLATION OF A GROUNDWATER MONITORING WELL PLAT F, B U F-❑ D TRACT 53, 1 N I F F T D. BROWN SURVEY APPLICANT: APOLLO �- Z ENVIRONMENTAL Q- H A � STRATEGIES, INC. JACKsnN W AGENTFOR W `—' POWELL -J VALLEY STAR, INC. H S C H A E R N L❑CATI❑N MAP N.T.S. Zrwm um Buford Street tea« MW-2® Y . W.IM Luc MW-4 Store +2 B-4 a`I MW- 5'-8" [Z -7 ®MW-3 3 a -3 MW-6 Q C3 Qc m Car [7 ® wash > Y Z Li MW-5 Bnys L kA Vncuun Area Cnnopy a c c o, CD a g � $ ' a w U 777, EXHIBIT 'A' D -oftv- Cit y of Beaumont •_ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: David K. Boyer, Assistant City Attorney MEETING DATE: March 26 , 2002 AGENDA MEMO DATE: March 21, 2002 REQUESTED ACTION: Council consider a resolution authorizing the City Attorney or his designee to file and prosecute a lawsuit against C & I Computers Services, Inc., Cheryl Akbari and Kyoomars T. Akbari to collect on a delinquent Small Business Revolving Loan. RECOMMENDATION Council approval of a resolution authorizing the City Attorney or his designee to file and prosecute a lawsuit against to collect on a delinquent Small Business Revolving Loan. BACKGROUND C & I Computer Services, Inc., owned by Cheryl and Kyoomars T. Akbari, originally received a Small Business loan in October, 1988 of$50,000 with 60 payments of$972.46 per month at an interest rate of 6.25%. The loan documents are in a corporate capacity and individually. The loan was rewritten 11/15/91, but there were never any payments made. The $35,015.24 balance was again rewritten 01/01/95 over 180 months with payments of$242.06 per month with a rate of 3.0%. The loan is four payments delinquent and has been as many as six payments delinquent. Subsequent to the granting of the loan C&I moved their business from Beaumont to Nederland. The debtor is not in compliance with multiple terms and covenants of the loan agreement. BUDGETARY IMPACT $ 21,264.02 Principal and Interest as of 21 March 2002 with interest accruing at 3%per annum. PREVIOUS ACTION Several demand Letters, personal contact with owners. SAAGLNDA'OLGLNDA ITEM M[MOS\C&I Computer Agenda Rcquest.wpd SUBSEQUENT ACTION None. RECOMMENDED BY David K. Boyer, Assistant Attorney and Lane Nichols, City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Attorney or his designee to file and prosecute a lawsuit against C& I Computer Services,Inc. and Cheryl Akbari,Individually and Kyoomars T. Akbari, Individually to collect on a delinquent Small Business Revolving Loan. S:�AGEWA\A.GENDA ITEM MEMOS\C&I Computer Agenda Request.wpd