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HomeMy WebLinkAboutPACKET JUNE 1 2004 C y of, REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 19 2004 1.30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda item 2/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider approving a specific use pen-nit to allow a cellular tower in an NC (Neighborhood Commercial) District at 2380 Briarcliff 2. Consider amending Ordinance No. 04-012 relating to the structure located at 2290 Sabine Pass Avenue (Commercial) WORKSESSION Discuss the televising of Public Comment COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 June 1,2004 Consider approving a specific use permit to allow a cellular tower in an NC (Neighborhood Commercial) District at 2380 Briarcliff cl Clof Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: June 1, 2004 AGENDA MEMO DATE: May 27, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a cellular tower in an NC (Neighborhood Commercial) District at 2380 Briarcliff. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a cellular tower in an NC District at 2380 Briarcliff, subject to the installation of an 8'tall wood screening fence along the east and south sides ofthe 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. BACKGROUND Verizon Wireless is requesting a specific use permit to allow a cellular communications tower on a vacant lot at 2380 Briarcliff The tower will be a 180'tall monopole and will be 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. 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. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held May 17, 2004, the Planning Commission voted 6:0 to approve a specific use permit to allow a cellular tower in an NC District at 2380 Briarcliff, 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. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TOWER IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT LOCATED AT 2380 BRIARCLIFF 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 Verizon Wireless to allow a cellular tower in an NC (Neighborhood Commercial) District located at 2380 Briarcliff, being Lots 24 and 25, Block 7, Briarcliff Addition, City of Beaumont, Jefferson County, Texas, containing 0.34 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a cellular tower in an NC (Neighborhood Commercial) District located at 2380 Briarcliff, being Lots 24 and 25, Block 7, Briarcliff Addition, City of Beaumont, Jefferson County, Texas, containing 0.34 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Verizon Wireless, its legal representatives, successors and assigns, subject to the following conditions: ► Install an eight(8)foot tall wood screening fence along the east and south sides of the subject property at such time as the existing fence needs replacing; ► Install an eight (8) foot tall wood screening fence around the compound; including the gate ► Install along the north and west sides of the compound the same type of six (6) foot wide landscape strip that is required of parking lots. 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 1St day of June 2004. - Mayor Evelyn M. Lord - • A . r � r WEST LUCAS �' - + r O D O v • a . to • _ L O M! ft, 46 lb J u ti r< r R •� Ia >r a i CENTRAL DR. w • • r r ow i Z c 1 t �► a . r s a a� dog f+l ~ `• is BRIARCLIFF DR. w It y ` '••�l •:- r J rr 1r, sr Q 231tD ST. ,f NZ S A A. • 0001. A- % r `n , ?M ., e `, 'Approval subject to the installation of an 8' tall wood sc toning fence along the cast ind scut,'t sides of the subject property at such time the existing fence needs reptacing, installation of an 8' tall wood screening fence around the compound,including the pte;and installation along the north and west sides j of the coaWund the same type of b'wide landscape strip that is required of parking lots. Ltssat's 10,SM .tams owe[ P.%o WIN aars*m u anK &AX 03WACIM TO M VO. Lusts Mm POSER w1rda PRtICML MAM4 E[ MAM vwr Enstmc WAM CKMV SOLOKIE LOCATNOws UTM LOCK LEZQ's Ding unurn PROoor) 01MAOMS a CLAD w1 A on woes t.•s vs t !bS 7b, ry T cn(S :sclrt �CAK♦J (rrf'wG 2• 106' / LESgES u G (cSnG f �?MCO C47arr S0JKx WIN i LLtC+ti utLTr OI+vP Pa E '7 ` • � ; Il � t I "r w CA- �t cZ.c Cwrs I (r�Cwt; f IEu ry i LL542Z ro oW uR�r RAOC r !A'�S'riG a---% UE W rs IESSCE'S u.G f �RwTP.CZ*S VO�E71 ! 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City of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: June 1, 2004 AGENDA MEMO DATE: May 25, 2004 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 04-012 relating to the structure located at 2290 Sabine Pass Avenue (Commercial). RECOMMENDATION At the request of Councilperson Audwin Samuel, Administration recommends that the condemnation order for the structure located at 2290 Sabine Pass Avenue (Commercial) be reconsidered by Council to allow a new property owner to rehabilitate it. BACKGROUND This structure was brought before City Council on February 10, 2004 with staff's recommendation of a raze order. The property owner appeared before City Council and requested time be given to repair the structure. Mr. Sessions was given ninety (90) days to complete repairs. During this ninety day period, the property was sold to Ms. Gaylynn Fletcher but the final closing of the sell of the property did not get completed until after the final abatement date given by Council on February 10, 2004. 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 February 10, 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. SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT DATE REQUESTED June , 2004 WARD 3 ADDRESS OF INSPECTION 2290 Sabine Pass Avenue (Commercial) ACCOUNT NO. 24500-3600-5 CENSUS TRACT 18 OWNER Gaylynn Fletcher (New Property Owner) ADDRESS 5090 Tupelo Lane CITY/STATE (77708) LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat 9 Land Value 4580 Block or Tract 4 Improvement Value 2000 Addition/Survey Grav Total Value 6580 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 Work Repair Program? YES NO X E. Initial Inspection Date October 3.2003 F TAKES ARE DIJE IN THE Alti(yUNT<()F$T90.52i MAJOR CODE VIOLATIONS: This commercial structure's metal roof' very rusty and part of the roof is missing. New shingles or metal will b needed The rafters and fascia-boards are rotten and will need to be replaced. There is extensive water damage throughout the interior due to the condition of the leaking roof. The exterior doors will need repairs The structure is ecure and was unable to enter. The interior flooring, ceiling nd wall are damaged and wit need repairs All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. presented before City Council on February 10, 2004 with staffs recommendation of a raze order The owner appeared before council requesting time to repair and was given ninety (20) days to rehabilitate the tr ct re D ring this time period the property was sold to Gayly=Fletcher but ownership paperwork did not become finalized until after the ninety day abatement date Staff is recommending a raze or repair order for this tructure so that the new property owner can rehabilitate Staff w s kept well informed by the new property owner of the complication that arose relating to the property sale, Staff has also talked in detail to Mrs Fletcher about the rehab and what must be done he ' ready and willing to start work c co n he ' allowed SEE ATTACHED PHOTOS V w 4�S �r 3M �„✓'. g b�• 'llt. � j� s JF"�J F._ 441 l � � " 2290 SABINE PASS 1/12/04 t< bra: t t § 1 eel t ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 04-012 TO REMOVE THE STRUCTURE LOCATED AT 2290 SABINE PASSAVE(COMMERCIAL)FROM SECTION 1 AND SECTION 3 AND ORDER THAT THE STRUCTURE AT 2290 SABINE PASS AVE (COMMERCIAL) STREET 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 04-012 be and the same is hereby amended to amend Sections 1 and 3 to remove item Number 20, 2290 Sabine Pass Ave (Commercial). 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 building located at 2290 Sabine Pass Ave (Commercial) 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 City of Beaumont REGULAR MEET1lN(G OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 19 2004 1030 P.M. CONSENT AGENDA Approval of minutes F Confirmation of committee appointments A) Authorize the City [tanager to execute the renewal of an agreement for the lease of property for the operation of Emergency Medical Services (EMS) Medic 1 B) Authorize the City Manager to execute an lnterlocai Agreement with]Lamar University for the maintenance of the landscaping on Spur 380 (M.L. ling parkway) from approximately 980 feet east of East Virginia Street to approximately 1,170 feet west of(East ]Lavaca Street Q Authorize the granting of a License to Encroach A Molar,C..A. City of Beaumont QCouncil Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: June 1, 2004 AGENDA MEMO DATE: May 24, 2004 REQUESTED ACTION: Council consider authorizing the City Manager to execute the renewal of an agreement for the lease of property for the operation of Emergency Medical Services (EMS) Medic 1. RECOMMENDATION Administration recommends authorizing the City Manager to execute a three (3) year lease agreement with C. Sherman S. Parker, LLC,beginning July 1, 2004 and expiring June 30, 2007, for the lease of 2510 North 11th Street, Suite A, for the operation of EMS Med 1. BACKGROUND The City has leased a portion of the building located at 2510 North 1 It' Street since 1991 for the operation of the EMS Med 1 branch. One supervisor,one paramedic specialist,two paramedics,an ambulance and supervisor vehicle are stationed at this location on a 24 hour,7 days per week basis. The unit provides emergency medical response to the central and northeast portions of the City. The proposed lease agreement is the renewal of an existing lease. The lease is for a 1,964 square foot facility at a rental rate of$1,276 per month. The terms of the new lease agreement will remain the same as for the original lease. The property owner will maintain the major building components, such as the roof and foundation,exterior doors and walls,electrical and plumbing systems,and major components of the heating and air conditioning systems. The City will be responsible for paying telephone and electricity services, and for miscellaneous painting, minor repairs, air conditioner filters and minor plumbing repairs. A copy of the proposed lease agreement, in its substantial form, is provided for your review. BUDGETARY IMPACT Funds for this lease are available in the Public Health EMS operating budget. EMS Medic 1 Lease Agreement May 24, 2004 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Health Director. CADocuments and Settings\brenda\Favorites\My Documents\WPD0CS\Leases\EMS#1-N.11 th St-C.L.Sherman\2004 Lease\Agenda Item-2004 lease renewal.wpd RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the renewal of a three (3) year lease agreement with C. Sherman S. Parker, LLC, beginning July 1, 2004 and expiring June 30, 2007, for property located at 2510 North 11th Street, Suite A, for the operation of EMS Med 1. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of June, 2004. - Mayor Evelyn M. Lord - THE STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT This Lease Agreement is made and entered into by and between C. Sherman S. Parker,LLC of Jefferson County, Texas, hereinafter called "Landlord," and The City of Beaumont, Jefferson County, Texas, hereinafter called "Tenant." In consideration of the mutual covenants and agreements herein set forth,and other good and valuable consideration, Landlord does hereby demise and lease to Tenant, and Tenant does hereby lease from Landlord,certain real property and improvements thereon at 2510 North 11 th Street,Suite `A' and one-third (1/3) of the adjacent parking lot, located in the City of Beaumont, hereinafter called the "leased premises." ARTICLE 1. TERM OF LEASE 1.1 The term of this Lease shall be three (3)years, commencing on the first(1 st)day of July 2004, and ending at 11:59 p.m. on the thirtieth (30th) day of June 2007, unless sooner terminated as herein provided. ARTICLE 2. RENT 2.1 Tenant agrees to pay to Landlord rent in monthly installments of Twelve Hundred Seventy-Six($1,276.00)each,with the first such installment being due and payable on July 1,2004 and a like installment of rent being due and payable on the first (1st) day of each calendar month thereafter. Page 1 of 6 EXHIBIT "A" 2.2 All rent payable hereunder shall be paid to Landlord by mailing or delivering payment to 2970 Washington Blvd., Beaumont, Texas 77705 or such other place or places as Landlord may from time to time designate in writing to Tenant. ARTICLE 3. BUSINESS 3.1 Tenant shall operate the leased premises only for the use and purposes for which it is let,to-wit:Municipal uses. Tenant will comply,and will cause its employees, agents and invitees to comply, with all applicable laws and ordinances and with all rules and regulations of governmental agencies. ARTICLE 4. MAINTENANCE AND SURRENDER 4.1 Landlord shall repair and maintain in good condition the roof, foundation, exterior doors, exterior walls, electrical and plumbing systems, major components of the heating and air conditioning systems, the adjacent driveways and parking lot of the leased premises; provided, however,Landlord shall not be obligated to perform any maintenance,repairs or replacements made necessary by the negligence of Tenant or Tenant's agents,employees or invitees,which maintenance, repairs or replacements shall be performed by Tenant at Tenant's sole cost and expense. All other repairs,maintenance and replacements necessary to maintain the leased premises in good condition, not specifically allocated to the Landlord in this Article 4,shall be made by Tenant at Tenant's sole cost and expense,including without limitation air conditioner filters,stopped up plumbing lines,and janitorial services. All maintenance,repairs and replacements shall be made promptly by the party responsible as and when necessary. 4.2 Tenant shall throughout the Lease term maintain the leased.premises in an orderly condition as provided above and keep them free from waste or nuisance. At the termination of this Page 2 of 6 t Lease, Tenant shall deliver up the leased premises in a clean and sanitary condition in good repair and condition, reasonable wear and tear and damage by fire, tornado or other casualty, not caused through the fault of Tenant or any of Tenant's agents, invitees or employees, only excepted. 4.3 Landlord will conduct a move-out inspection of the premises when Tenant vacates and the cost of any damage repairs above reasonable wear may be billed to Tenant. 4.4 If Tenant fails to pay lease or other amount owed for a period of thirty(30) days, or if Tenant abandons the building,then Landlord may terminate the Lease Agreement with or without demand for performance by giving Tenant thirty(30) days written notice to vacate, and Landlord may be entitled to possession by eviction suit. Notice may be mailed or personally delivered to Tenant. ARTICLE 5. OBLIGATIONS OF LANDLORD AND TENANT 5.1 The monthly rental amount stated in Article 2.1 above includes payments for water and garbage services. Tenant shall be responsible for the payment of telephone and electricity services. 5.2 Tenant shall pay all personal property taxes, if any, imposed on the equipment, inventory, fixtures and other personal property located on the leased premises. Landlord shall pay all real property taxes on the leased premises. 5.3 Landlord shall, at its expense,maintain such casualty insurance covering the leased premises as it deems appropriate to cover its interest thereon. Tenant should maintain such insurance as it deems appropriate to protect its property on the leased premises. 5.4 Tenant shall not create any openings in the roof or exterior walls, nor make any alterations, additions or improvements to the leased premises without the prior written consent of Page 3 of 6 Landlord. Consent for nonstructural alterations, additions or improvements shall not be unreasonably withheld or delayed by Landlord. Redecorating, refurnishing, painting and other nonstructural renovations which do not decrease the value of the building may be made by Tenant with Landlord's consent. Tenant shall have the right at all times to erect or install fixtures,provided that Tenant complies with all applicable governmental laws, ordinances and regulations. Tenant shall have the right to remove prior to termination of this Lease such fixtures so installed,provided Tenant is not in default under any of the terms, covenants or conditions of this Lease; however, tenant shall,not later than five(5)days after the termination of this Lease,repair any damage caused by such removal. All alterations,additions or improvements made by Tenant,which are not actually removed from the leased premises by Tenant,under the provisions of the preceding paragraph,shall become the property of Landlord at the termination of this Lease. 5.5 Tenant shall have the right to install any signs on the leased premises; however, Tenant shall be wholly responsible for any and all direct or consequential damage caused by the placement,erection or removal of such signs. Tenant shall remove all signs at the termination of this Lease and shall repair any damage and close any holes caused by such removal. 5.6 Landlord shall not be liable to Tenant for losses to person or property caused by other Tenants or by theft, burglary, assault, vandalism or other crimes. Landlord shall not be liable for personal injury or for damages to or loss of Tenant's personal property from fire, flood water,leaks or other occurrences, unless such damage or injury is caused by negligence of Landlord. 5.7 Either party may cancel this contract after the initial three-year term by giving to the other party ninety(90)days notice of said termination in writing. Any obligation to pay rent under this lease will also terminate with such cancellation. Tenant shall within said ninety(90)days vacate Page 4 of 6 t the space and remove all of Tenant's property therefrom. Any property belonging to Tenant not removed within said ninety(90) day period shall become the property of the Landlord. ARTICLE 6. MISCELLANEOUS 6.1 No amendment, modification or alteration of the terms of this agreement shall be binding unless made in writing, dated after the execution date of this agreement and duly signed by the Landlord and Tenant. 6.2 Should Tenant hold over on the leased premises, or any part thereof, after the expiration of the initial term of this Lease or any extension thereof with the permission of Landlord, unless otherwise agreed in writing,such holding over shall constitute and be construed as a tenancy from month to month only. Rent for such month to month tenancy shall be at a monthly rate of Twelve Hundred Seventy-Six Dollars($1,276.00),payable in advance on the first(1 st)day of each calendar month during the term of such month to month tenancy. The inclusion of Section 6.2 shall not be construed as Landlord's consent for Tenant to hold over. 6.3 Notwithstanding anything contained in this Lease to the contrary, in the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for lease payments due under this Lease, Tenant will immediately notify Landlord in writing of such occurrence and this Lease shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to Tenant. Page 5 of 6 EXECUTED, this the day of , 2004. LANDLORD: TENANT: C. SHERMAN S. PARKER, LLC CITY OF BEAUMONT C. L. "Sonny" Sherman, Jr. Kyle Hayes, City Manager C:1Doatmmts and SatiaP%"vda%FavwittslMy Do mulWPDOCSgxa%%VMPI-N.1Id.St-C.LSh-\2M Lesseli.tam AV-2001-EMS 11th StwN Page 6 of 6 B City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 1, 2004 AGENDA MEMO DATE: May 27, 2004 REQUESTED ACTION: Council consider authorizing the City Manager to execute an Interlocal Agreement with Lamar University for the maintenance of the landscaping on Spur 380 (M.L. King Parkway) from approximately 980 feet east of East Virginia Street to approximately 1,170 feet west of East Lavaca Street. RECOMMENDATION It is recommended that Council authorize the City Manager to execute an Interlocal Agreement with Lamar University for the maintenance of the landscaping on Spur 380 (M.L. King Parkway) from approximately 980 feet east of East Virginia Street to approximately 1,170 feet west of East Lavaca Street. BACKGROUND During the last several years, Lamar University and the City had begun efforts to beautify the section of Spur 380 adjacent to the University. These efforts included the removal of pampas grass and other non desirable plant material. Recently, TxDOT notified the University and the City that funds were available for a beautification project in this area. The project was recently completed by TxDOT and the City is now responsible for the maintenance of the improvements in accordance with the terms of the Municipal Maintenance Agreement. In consideration for the assistance of the City in completing the project, Lamar University has agreed to assume the responsibility for the continued maintenance of the improvements. The City will be responsible for furnishing water for the irrigation system. A copy of the agreement is enclosed. BUDGETARY IMPACT The estimated cost for furnishing water is estimated at$500 per year and is available in the Central Services, Parks Division budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Central Services Director TWLamarUSpur380InterlocalAgr.wpd May 27,2004 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with Lamar University for the maintenance of the landscaping on Spur 380 (M. L. King Parkway)from approximately 980 feet east of East Virginia Street to approximately 1,170 feet west of East Lavaca Street. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of June, 2004. - Mayor Evelyn M. Lord - STATE OF TEXAS COUNTY OF JEFFERSON INTERLOCAL AGREEMENT This Interlocal Agreement ("the Agreement") is entered into between the City of Beaumont, a municipal corporation of Jefferson County, Texas (herein "City") and Lamar University (herein "Lamar") which entities are authorized to enter into interlocal agreements in accordance with §791.001 et seq. of the government code of the State of Texas (Vernon 1996). WHEREAS, Lamar has requested the City of Beaumont to assist in the beautification of a portion of Spur 380 (Martin Luther King, Jr. Parkway); and, WHEREAS, the City participated by the removal of various growing plants and trees and also assisted in coordinating with the State of Texas for the construction of improvements along Spur 380, Project No. C-65-8-160 generally described as an area approximately 980 feet east of East Virginia Street to approximately 1,170 feet west of East Lavaca Street (the "Project"); and, WHEREAS, Lamar recognizes that the City of Beaumont has a municipal maintenance agreement dated March 9, 1990, and various amendments which require the City of Beaumont to maintain certain state highways within the City of Beaumont including "the Project"; and, WHEREAS, in consideration for the assistance of the City of Beaumont in the completion of the Project, Lamar University desires to assume the responsibility for the continued maintenance within the Project area for the future. EXHIBIT "A" Now, therefore the parties hereby agree as follows: 1. Lamar recognizes that the improvements within the Project consist of landscaping, hardscaping and an irrigation system all as shown on the "As Built" plans attached hereto as Exhibit "A" and made a part hereof for all purposes. 2. Lamar hereby agrees to assume all maintenance of the landscaping (including replacement of plant materials, hardscaping and the irrigation system) as needed to maintain the Project improvements in their current condition as of the date of this agreement. 3. Lamar agrees that the maintenance described in the previous paragraph shall be carried out in substantial compliance with the following plan documents: 1) "Planting Plan and Construction Layout" which consists of seven (7) sheets. 2) "Planting and Establishment' which consists of five (5) sheets. 3) "Irrigation Layout" which consists of seven (7) sheets. 4) "Irrigation Details and Materials" which consists of three (3) sheets. All is shown on Exhibit "A." 4. The City hereby agrees to furnish water for the irrigation system described herein at no charge to Lamar University at the four meter locations shown on the plans. 5. In connection with this agreement, the official address for notification shall be: The City of Beaumont Office of the City Manager PO Box 3827 Beaumont, Texas 77704 and Lamar University Jimmy Simmons, President PO Box 10001 Beaumont, Texas 77710 6. This agreement may be amended by the mutual agreement of the parties reduced to writing, and any amendment shall be attached to and incorporated into this agreement. EXECUTED IN DUPLICATE ORIGINALS this the day of , 2004. CITY OF BEAUMONT BY: Kyle Hayes, City Manager LAMAR UNIVERSITY BY: President c City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: June 2, 2004 AGENDA MEMO DATE: May 25, 2004 REQUESTED ACTION: Council consider a resolution authorizing the granting of a License to Encroach to Neal and Ann Foley for a garage encroaching onto the utility easement at 29 Avenue of the Oaks. RECOMMENDATION The corner of a brick and frame garage is encroaching 0.89 feet into the City's seven and one half foot (7.5') utility easement. The easement is located at 29 Avenue of the Oaks and is described as being out of Lot 11, Block 2 of the Manion Oaks Section 2 Addition. Administration recommends authorization to execute the License to Encroach. BACKGROUND The License to Encroach 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. engavenue oaks-ib.wpd May 25,2004 RESOLUTION NO. WHEREAS, Neal and Ann Foley have requested that the City of Beaumont grant a License to Encroach into the City's seven and one-half foot (7.5') utility easement for a distance of 0.89 feet located at 29 Avenue of the Oaks and is described as being out of Lot 11, Block 2 of the Manion Oaks Section 2 Addition as shown in Exhibit"A" attached hereto and made a part hereof for all purposes; WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City and utilities serving the same; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a License to Encroach to Neal and Ann Foley to encroach into the City's seven and one-half foot (75) utility easement for a distance of 0.89 feet located at 29 Avenue of the Oaks and is described as being out of Lot 11, Block 2 of the Manion Oaks Section 2 Addition as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of June, 2004. - Mayor Evelyn M. Lord - SUBJECT LICENSE TO ENCROACH ,K '��•a I�,f ,,gyp '.w I I � ,� ( 0�'- i'"� _ _ W ^yZ AL_D P h c i �RJUL ❑D a _ LOT 11, BLOCK 2 rC CAMBRI MANION OAKS SECTION '"3�°" ='�" it �F.J a H N ,yP w CN�AKr ww NC w00P ''"�RQ y.,: BPI-_T0'- Zo AY"1DE TQWN s 3I I IM L✓J ~O H - -JNBUPYA -.' OWNER: FAL ❑RTH "c"n W 1 RR❑ HEANEAL AND ANN FOLEY r�o �D[ I C A�L no' uaovY l Ai i LAND I� FR1AH TUCP;� TE-NAyU I� I WESTW00D C❑L�EGE � L0CATION MAP LEGEND N.T.;. ® SUBJECT PROPERTY x 68.20' I'^I 7.5'UALITY EpSEMENt H 7.5'UTILITY EASEMENT PER PLAf PER PLAT LOT li � �?•�Gj BLOf.�Z ��" D= i fie w ° (E)aW l PROTRIAE$0.89'ATTO A IO UTUTY E'A;EMENT BRCK R F 73'UnAR'EASEL IM PER PLAT (ARAGE--I .. 065 WCYI z.oo' I i a ze i ..00' 7131 1D _ ©RICK AND FRAME. 0� J G REEIDENCF o •t 9RKh' �� Ir �.11 _ R RI�I f� F F,AIVI Q .K JS'BLDG. SETBACK LINE 1 I i �PERPLt GARAGE 1 LGT '0 IND NOD' EXHIBIT -A" 120.04' AVENUE OF THE OAKS (60'R.0 W) WORKSESSION DISCUSS THE TELEVISING OF PUBLIC COMMENT anwifir INTER-OFFICE MEMORANDUM a K City of Beaumont, Texas C4 Attomey's Office Date: May 20, 2004 To: Mayor and City Council From: Lane Nichols, City Attorney Subject: Public Comment at City Council Meetings COMMENTS The following information is provided as a basis of discussion concerning public comment at City Council meetings. Such comment is a privilege and not a right. However, if public comment is allowed, any regulation of it must be evenhanded and fair to all. Rules of decorum, applicable to everyone: equally, are allowed. Attached is an earlier draft of some suggested rules of decorum. Any, all or none of these rules could be adopted by City Council. The least intrusive regulation might be to cease televising the public.comment portion of the meeting: This would be rational since the purpose of the time is to allow citizens to communicate -with the entire Council at one time and not to provide a means of communication with the viewing public. If the citizen wants to communicate to the viewing public, they can purchase an advertisement on television. The range of regulation of citizen comment by other cities is vast. Some cities allow no comment. Other cities have no time limit or regulation at all concerning public comment. Perhaps the information provided here will provide a framework upon which the Council can decide the level and nature of regulation, if any, they desire. .LN:rw RULES OF DECORUM FOR SPEAKERS AND OTHERS IN MEETINGS OF BEAUMONT CITY COUNCIL AND COMMISSION MEETINGS Making comments at a Beaumont City Council meeting is a privilege and not aright. The privilege could be lost for those individuals who do not comply with these rules. These rules are to be enforced by the Mayor of the City of Beaumont. 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 in a negative fashion to local businesses or people by name. Reference to departments and individuals must be generic. 3. Clearly political or partisan speeches which advocate or support candidates or parties or their issues are not allowed. 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. 5. No person within the public aisles or seating area of the City Council chambers shall applaud, boo, clap or otherwise audibly express approval or disapproval of the actions being taken by the City Council or at the speaker's podium in a loud and raucous manner calculated to disturb the meeting, except for a public recognition initiated by City Council. 6. Any police officer or other person assigned to provide security for the Council meeting shall advise any person who fails to comply with these rules 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 continues to violate these rules after a warning may lose the privilege of speaking at future City Council meetings. 7. In accordance with the Open Meeting Laws of the State of Texas, the Council is prohibited from responding to speakers 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. 8. Unless persons need to leave the council chambers or approach the podium, they should remain seated.