HomeMy WebLinkAboutPACKET MAR 26 2002 M7V~
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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 (�
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\�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
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! 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.
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A PLANNED UNIT DEVELOPMENT --
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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'
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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'
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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.
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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 >-
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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
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EXHIBIT "A"
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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
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777, EXHIBIT 'A'
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-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