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HomeMy WebLinkAboutPACKET MAY 25 2004 W QIWJ alw I City of Bmumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 25, 2004 1:30 P.M. AGENDA OPENING * Invocation Pledge Roll Call ELECTION CERTIFICATION -- MAYOR AND TWO COUNCILMEMBERS-AT- LARGE Consider approval of an ordinance canvassing the results of the May 15, 2004 City General Election x Administration of the oath of office * Recess RECONVENE MEETING OPENING m Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 7-10/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Conduct an election of Mayor Pro Tempore 2. Consider a request for a specific use permit to allow a cellular tower in an NC (Neighborhood Commercial) District at 2380 Briarcliff 3. Consider a request for a specific use permit to allow a residential care facility u1 an RCR(Residential Conservation and Revitalization) District at 1901 Park Street 4. Consider a request for a specific use permit to allow a wrecker service in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District at 1575 S. Major Drive 5. Consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4120 College Street 6. Consider a request for an HC-L(Historic Cultural-Landmark Preservation) Designation for the property at 2494 Avenue F 7. Consider a request to abandon a 20'utility easement at 7860 Jill Lane 8. Consider approving the sale of City owned surplus real property 9. Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County and the West Jefferson Municipal Water District to receive and treat sewage from the residents in the Candlelight and Martel Heights Subdivisions in the Cheek community 10. Consider a request to extend the moratorium on the issuance of permits for the erection or construction of any off-premise advertising sign structures within the city limits of Beaumont for a period of ninety(90) days WORKSESSION * Discuss the televising of Public Comment COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Donna Manning Douglas Manning, et al v. City of Beaumont 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. 6. Consider a request for an HC-L (Historic Cultural-Landmark Preservation) Designation for the property at 2494 Avenue F 7. Consider a request to abandon a 20'utility easement at 7860 Jill Lane 8. Consider approving the sale of City owned surplus real property 9. Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County and the West Jefferson Municipal Water District to receive and treat sewage from the residents in the Candlelight and Martel Heights Subdivisions in the Cheek community 10. Consider a request to extend the moratorium on the issuance of permits for the erection or construction of any off-premise advertising sign structures within the city limits of Beaumont for a period of ninety(90) days WORKSESSION * Discuss the televising of Public Comment COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Donna Manning Douglas Manning, et al v. City of Beaumont 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. May 25, 2004 Consider approval of an ordinance canvassing the results of the May 15, 2004 City General Election A.. Cit y of Beaumont WL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Rose Ann Jones, City Clerk MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 19, 2004 REQUESTED ACTION: Council approve an ordinance canvassing the May 15, 2004 General Election RECOMMENDATION Council canvass the results of the May 15,2004 election for Mayor and two Councilmembers- At-Large. BACKGROUND EC§67.003 states that the canvass is made not earlier than the eighth day or later than the eleventh day after election day,at the time set by the mayor. Council shall meet and canvass the returns and officially declare the results. This ordinance will canvass the results of the May 15,2004 election to elect a Mayor and two Councilmembers-At-Large. Elected officials will be sworn in and take office in their respective positions. BUDGETARY IMPACT None. PREVIOUS ACTION The election was ordered by Ordinance No. 04-013 on February 17, 2004. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Clerk RECOMMENDED ACTION Approve/Deny an ordinance canvassing the May 15, 2004 General Election. ORDINANCE NO. 04 - 032 AN ORDINANCE CANVASSING THE RETURNS OF THE GENERAL ELECTION HELD IN THE CITY OF BEAUMONT ON THE 15TH DAY OF MAY, 2004, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO COUNCILMEMBERS-AT-LARGE;AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council of the City of Beaumont, in session, duly called the general election to be held on the 15th of May, 2004, and the election returns of the ballots cast in said election were canvassed forthe following officials: Official forthe office of Mayor; Officials for the offices of Councilmembers-At-Large. WHEREAS,after duly canvassing said returns,the City Council finds that the votes cast at said election for the candidates for said offices are as follows: Office of Mayor: Votes Percentage LeRoy Lewis III 636 14.93% Ernest "Curley" Provo 399 9.36% Evelyn M. Lord 3,226 75.71% Office of Councilmember at Large: Donna L. Ferchak 1,524 22.17% Andrew P. Cokinos 1,832 26.66% Jason Marshburn 504 7.44% Becky Ames 3,013 43.84% NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the results of said regular City election be and the same are hereby declared to have been as herein set out,and the following named persons were elected to the respective positions subject to the taking of their oaths of office as provided by the laws of the state of Texas: For Mayor: Evelyn M. Lord For Councilmember-At-Large: Becky Ames For Councilmember-At-Large: Andrew P. Cokinos Section 2. The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law, and that said election was duly held and returns thereof were duly made by the proper officials of said election and in all things according to law. Section 3. That if any section, subsection, sentence, clause, or phrase of this ordinance or the application of same to a particular person,orto a particular set of circumstances,should for any reason be held invalid,such invalidity shall in no way affect the remaining portions of this ordinance and to such end,the various portions and provision of this ordinance are declared to be severable. PASSED,APPROVED,AND ADOPTED by the City Council of the City of Beaumont, this the 25th day of May, 2004. - Mayor- 1 May 25,2004 Conduct an election of Mayor Pro Tempore The City Council shall elect one of its members as Mayor Pro Tempore for a one(1)year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of the office, and, if a vacancy occurs, shall become Mayor for the unexpired term. If the Mayor Pro Tempore is unwilling to assume the duties of Mayor in the event of a vacancy in that office, then the City Council shall appoint a Mayor Pro Tempore from its membership. 2 May 25, 2004 Consider a request for a specific use permit to allow a cellular tower in an NC (Neighborhood Commercial) District at 2380 Briarcliff Cit y of Beaumont uru •�• c Council Agenda Item � TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 18, 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 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. 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 facilitywill 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 T 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: e ► 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 25th day of May, 2004. - Mayor Evelyn M. Lord - i ' ~• • �� _ s U BID 1 'Y 7H 1 S 1 04 N IMLE 1715-P: Request for a spec use permit to allow a cep tower in an NC NORTH 4Neigbborbood Commercial)District. A ]Location: 2380 BriarcUff Applicant: verkon Wirdes SCAL ' ` lwa� r�s`Y 450' Sr LN DIELAWARIE ST,. ` ; • Wells ,1 ed ` " 77FT77 ,v i R ,gip t so w I•It! '� /! q 4 cc M Cif � q s ..• • � + w a N • ,r /Pin ------------- M ! +► n: d► vt to Ar I 3 iTrev K M M i a - t • f y rfr tj M to ! M ! 7(i6i K M ;l MA= / Ar I �s W u !� • Cr --- a U N i� AP 145 Ad ?g 4W b O o \< t AW� I4 NIA r r, a _ AUSTIN AVE. -- EXHIBIT "A" i i "Approval 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 j of the compound the same type of 6'wide landscape strip that is required of parking lots. DELAWARE ST LtSSEE S W UK ACCESS ORIVE PALED INTN CAU9ED LIMESTONE BASE COMPACTED TO 952 STD. LFSSEEY O.K. Polo SEANCE PROCT0E, MATCH EL CRADES FROM EIOSTMG SOURCE. (%CWT SOURCE LOCATIONS INTN LOCK LESSEES ORf%C UT)LJrY P440'A 0O1) ENTRANCE t C LOW N1 TO QrY SPECS rYT SAG O,v fnS7AMM 7P / .�` �fxJS'MG xrtw(S -at(TIP) 71 / f / LESSEES u.c �'��L 't / LDCAL uTLJTY ,d'LATE r i ta'Sa2'S PROVcEII) I aROP POLE ; •-� £J7s CU WR7S 1 (rrPKK) ; I L.ESSEE*S EX's �,. i LESS,«r.,so' UTILITY RACK � ,� ----- RCIAO ,G LEASE Lot LArrs I r�TR TA'S PPOM�!u�4CO i�• ` > f CONDUrs `-LESSEES SS TOYER LESSEES 79'X79' i 01 S FENCED SITE— � ICE BROGE c LESSEES 12'X28• EWIPW NT%*I. R nM I-S'X,3'STOOP t Il i f I NSTOE OK S M GENDWOR ` I LESSEES CNPOU►D PAVED �SM CRVSNED urESTOrE BASF WSHE U ro ��. 951 STD.PROCTOR ExTENO ' PAMNG To E7CST►NG FENCES. Ck Q , f.CS%AC R)rtl FrNL-- (7rP) 'PAWK 0 LEASE 1 f ri5:tiC R w �ExrS'taG R£9CYVC£ SEEN„(rTo) D S '0 20 SCALE. 3,-. . ,.-0. ENLARM SITE PLAN LEGEND sutE 3/3r - I'—o' —o--o-- UCENSEE FENCE —- -— LICENSEE LEASE uNE Approvals: SCALE: 3/32' • 1•-0' — — — LICENSEE EASEMENT --------- LICENSEE U G. TELCO lac Dui 227.,0 LICENSEE ELEVATION --------- UCO+YE U.0 PC11CR UCENSEE PAVMIG uCENSEC am. UTILITY Sar Ae%_ pr. EX PROPER TY LINE Ewe.Hr*_ Dom- LESSSEE SITE - LUCAS UCErtsEE UTIUtY Ex C.L. FENCE i ENLARGED PLAN EX ox uTIi ry — — EX a VE D4CEENr ems: �` 3-31-04 —*—.� v EX HIGH BANG —' — EX 8-¢ FENCE —a— Ex. WOOD FEJNCE •71"0 EX EU1rA T10N EXHIBIT f/B" 3 May 25,2004 Consider a request for a specific use permit to allow a residential care facility in an RCR (Residential Conservation and Revitalization) District at 1901 Park Street �r City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 18, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a residential care facility in an RCR (Residential Conservation and Revitalization) District at 1901 Park Street. RECOMMENDATION The Administration recommends denial of the specific use permit to allow a residential care facility in an RCR(Residential Conservation and Revitalization) District at 1901 Park Street. BACKGROUND Patty Lee, Executive Director of Watts Home, Inc. is requesting a specific use permit to allow a residential care facility in an existing structure at 1901 Park. This facility will be used as an extension of their current facility at 695 Irma. That property received a specific use permit in 1997. The two story house on the subject property has 6 bedrooms, 4 bathrooms, a kitchen, living room and dining room. No cooking will be done at this address. Meals will be prepared in the commercial kitchen at 695 Irma. Watts Homes would like to house 18 men that have lived at the Irma facility and have practiced the Watts Home's"family living style program"but still cannot go home or live by themselves. Ms.Lee states that they will continue to have their tenants practice life skills such as good hygiene, work search, continuing education and self help outreach. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held May 17,2004,the Planning Commission voted 5:1 to deny a specific use permit to allow a residential care facility in an RCR District at 1901 Park Street. 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 RESIDENTIAL CARE FACILITY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 1901 PARK STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Watts Home, Inc. to allow a residential care facility in an RCR (Residential Conservation and Revitalization) District located at 1901 Park Street, being Tract 30 and the south 10' of Tract 29, Plat P, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 0.22 acres, more or less, as shown on Exhibit"A"attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow to allow a residential care facility in an RCR (Residential Conservation and Revitalization) District located at 1901 Park Street, being Tract 30 and the south 10' of Tract 29, Plat P, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 0.22 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Watts Home, Inc., its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May, 2004. - Mayor Evelyn M. Lord - t C.t7 = is A .V/' rs e 1 60 • , 40 Ali AS 'S If I It ro 9 'p � v a .w ' R� FILE 1714-P: Request for a specific use permit to allow a residential facility in an NORTH RCR(Residential Conservation and Revitalization) District. A& 5„ Location: 1901 Park Street Applicant: Watts Home, Inc. SCALE : V'=200' AP AIL r o f t r 1 r y ro f p _ I RMA ST. a ► ti n b ~ t •wS PINA A t v Ca � z V Zo to 1 „ veo• FAY ST. °° �. JJC —T� ---- f ; }I Q h ,4j ,flHD Fy�CL, f CY, Q UNDERHILL AVE. o LJ ^ , ,• P Q Jl - ,1- r( IL J Z LJ C � MD 9-tu Z lip t t YAP LJ L _. r J C_ a FRE ���0■� FREDERICK ST. r-n r h A rl , J• r r J tJ .w ,0 i 8 Ft. Fence Gross Floor . Area—324 - GARAGE Outside Trash s4A 6' . + Storage Facility 8 Ft. Fence - ` Entry 5 8 ` Proposed - • Parking .1 - - 10 ft. Landscape Butler Around � ` � Exit Pro cr-' - ` ` Staircase 1901 Watts Homes,Inc. ` ` 8 Ft. Fence Property (66.5 ft. X 145.8 ft.) ` TV+,'O STORY RESIDENTIAL _ Gross Floor Area BUILDING - —1500 sq.ft. S' Proposed location of . lights on the top of the • - building - ! ' Sign On _ Balcony Handicap_ 2ft. X 3 ft. • En I Parkin_ . � amp _ .0 - + I Y - 0 10 0 ` 1 3 Scale In Feet PARK STREET S1 GROUP , LP SITE PLAN ENGINEERING • ENVIRONMENTAL SCIENCE weWed for. PROJECT: 04BT01 1 LOCATION: 1901 PARK STREET BEAUMONT,TX WATTS HOME, INC. APPR: GS DATE: 04/21/04 DRAWN BY: SB SCALE: AS SHOWN DATE: 04/20/04 FIGURE: 1 EXHIBIT "B" 4 May 25,2004 Consider a request for a specific use permit to allow a wrecker service in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 1575 S. Major Drive 11 City of Beaumont DLJ-1--am Council Agenda Item c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 18, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a wrecker service in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 1575 S. Major Drive. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a wrecker service in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 1575 S. Major Drive subject to limiting the height of the sign to 12' and the sign area to 5'x 10' and with a modification to the landscaping requirement along the east side of the property. BACKGROUND Landry Rountree is requesting a specific use permit to allow the operation of his wrecker service at 1575 S. Major Drive. The property will be used for office space,carport and a storage facility that will be restricted to no more than 10 vehicles. The facility will be fenced with a six foot cyclone fence with three strands of barbed wire above that and an 8'wood screening fence along the eastern property line. Mr.Rountree is asking for a variance of the landscaping requirement along the eastern property line. Mr. Neff, the adjacent property owner, is requesting that no trees be planted along their mutual boundary. The storage area and all parking areas,except for the handicap stall,will be covered with crushed limestone. BUDGETARYIMPACT 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 wrecker service in a GC-MD-2 District at 1575 S.Major Drive subject to limiting the height of the sign to 12' and the sign area to 5' x 10' and with a modification to the landscaping requirement along the east side of the property. 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 WRECKER SERVICE IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT LOCATED AT 1575 S. MAJOR DRIVE 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 Landry Rountree to allow a wrecker service in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 1575 S. Major Drive, being Lot 11, Block A, Mayfair Addition, City of Beaumont, Jefferson County,Texas, containing 0.71 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 wrecker service in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 1575 S. Major Drive, being Lot 11, Block A, Mayfair Addition, City of Beaumont, Jefferson County, Texas, containing 0.71 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Landry Rountree, his legal representatives, successors and assigns, subject to the following conditions: ► Sign height is limited to twelve (12) feet; ► Sign area limited to five (5) feet x ten (10) feet; ► Modify the landscaping requirement along the east side of the property. 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 25th day of May, 2004. - Mayor Evelyn M. Lord - l FELE 1716-P: Request for a speciflic use permit to allow a wrecker semce in 1 NORTH GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District. - Location: 1575 S. Major Drive SCALE Applicant: Landry Rountree 1„22, �j- A sy • b CC MD R � . M I SUBJECT RMmPM . z s _Je y � a N w _ I -RS Y Q` ;FRACER + am n J io 9 .11 o 7 �O Jim M Ctv e!P!1 R 1 • r FR-ZER OR. EXHIBIT `A” ,� � � D �D SC.1� 5 ! i C �L Q �1 - •. I5 -7-5 S,r)uru MA 10 R DQ-iv-, o Ln7" Sl � t� = IDb X1,5 �U * Approval subject to limiting the height of the sign to 12' and the sign area to 5'x 10'and with a modification to the landscaping requirement along the east side of the property. _SwATE_D► R 1� (o To oT C y C-L oivG GE NGC� - 3 STrzA ND o1FW(RE -- 300 L i4 w^ O v' �' "► Monuc,r R SUI .D/N4 ° ; A � vaAew o NANO, PAl2Kt C (` f1 a eAm P �1 rh l;t cr, Pa R K ► ^J Q L M E S T O 7V E D R i v WAy a 7 Im SIGN X (o Fool C �CLo .,, c F��1C�= 3 STfZQ�vI7 BaB1.i/ K — 30o L.F @U W i 5 May 25,2004 Consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4120 College Street City of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 18, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4120 College Street. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a drinking place in a GC- MD(General Commercial-Multiple Family Dwelling) District at 4120 College Street. BACKGROUND Molina Ventures,L.L.C. is requesting a specific use permit to allow a drinking place in an existing building at 4120 College Street. The most recent use of the subject property was Swampee's Bayou Bar and Grill. The new business,Wild Bill's,will sell alcoholic beverages with a limited food menu. The proposed hours of operation will be from 11:00 a.m. to 2:00 a.m. There will be no adult entertainment occurring at the facility. The building is located in a GC-MD District which requires a specific use permit for a drinking place. The parking lot for the business is in an LI (Light Industrial) District. A drinking place is permitted by right in an LI District. 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 drinking place in a GC-MD District at 4120 College Street. 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 DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 4120 COLLEGE 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 Molina Ventures, L.L.C. to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling)District located at 4120 College, being part of Lot 97, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.615 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 drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 4120 College, being part of Lot 97, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.615 acres, more or less, is hereby granted to Molina Ventures, L.L.C., its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May, 2004. - Mayor Evelyn M. Lord - FILE 1717-P: Request for a specific use permit to allow a drinking place in a GC-MD NORTH (General Commercial-Multiple Family Dwelling)District. AL Locution: 4120 College Street Applicant: Molina Ventures, L L C. SCALE 1"=200' s M• e 7MM W L� ,°. ccvtto rs-�t 1r !it M�1 /K o~ / . Gc K 7 j c� 0 . 1 G Y O to !! AOi7 _ Z . to J 1 0. m ti 0 COLLEGE ST. JIB"ICT - sax 10 a tJ tt ti 't tl B K 11 3d :s )00 t arts � i .. RM- H \\ r 3 O h 0 EXHIS "� • • � � T 7� R R r j � F ;t i t t 6' CHAIN LINK FENCE -q EXISTING H _ - YPICE k . ; • POLE LIGHTS '+ POLE LIGHTS\ fr LOT 06 1QL42 ' r• METAL OVERHANG 1 , 7717"--1 -i!` k t 106 PARKING SPACES 4 HANDICAP SPACES 10,650 S.F. W - I I I SINGLE STORY, t rcti. POLE ucHr� .g QQ J NI ✓ �N, ; N , Lai •�� t •a 1`� c,, if tl c.' i ,i� 16 -0 1_ , ,.T EXISTING POLE MOUNT SIGN EXCT W/ 1? ,)'• '� •, \ EXISTING DRAINS GATED RAMP �� SEE DETAIL w I ,.. ._�,. ----ra- - ...,_ �•._ 1 ' ' •,— a N 67,'46'17'..W _ i-k: -,N 617' fP 100.06' " - m POLE LIGHTS POLE LIGHTS w N7QSTI110 S+aN ►aT TO sGyt srrE 1011siR Hl CLASS A TREE a_] _0 ,' ao-oT - PER 25 LINEN. FEET 6 May 25, 2004 Consider a request for an HC-L (Historic Cultural-Landmark Preservation) Designation for the property at 2494 Avenue F Cit y of Beaumont Z . •� g Council Agenda Item • c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 18, 2004 REQUESTED ACTION: Council consider a request for an HC-L(Historic Cultural-Landmark Preservation) Designation for the property at 2494 Avenue F. RECOMMENDATION The Administration recommends approval of an HC-L(Historic Cultural-Landmark Preservation) Designation for the property at 2494 Avenue F. BACKGROUND The Planning Division is requesting that the City Council and the Planning Commission consider designating the property at 2494 Avenue F as an historic site. Mitchell Normand, a descendant of the original owner, has been working with the Planning Division on designating this property because of its architectural and historical significance. The house was built in 1896. The house is Victorian in style and is one of the oldest structures in that part of the City. Deed records show that the land was once owned by G.W. O'Brien. R. Cartwright, for which the Cartwright Subdivision was named, later owned the property. In 1901, Alice Boykin Pattillo purchased the house. Ms. Pattillo was married to Jackson Pattillo until they divorced in 1907. Ms. Pattillo retained the property in the divorce decree. She was very active in purchasing properties throughout Beaumont until her death in 1946. Jackson "Jack" Pattillo worked at the Beaumont Iron Works and was also listed in the Beaumont City Director as a"huckster"or a seller of goods. During the early 1900's he was also a real estate agent and during that time owned more properties than most African-Americans or Caucasians in the City. Mr. Pattillo also opened the first Pattillo's Barbecue stand. The Pattillos had eight children. After the divorce, Ms. Pattillo did not remarry. On her own, she ensured that all six of her adult children were college educated. The four daughters all became school teachers. The eldest son became one of the first African-American mail carriers in Beaumont. The other son attended Tuskegee Institute and studied with George Washington Carver. He eventually became the only African-American blacksmith in Dequincy, Louisiana. The house is listed in the 1977 SPARE Beaumont survey. SPARE considered the house worthy of a local historic designation. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held May 17,2004,the Planning Commission voted 6:0 to approve an HC- L(Historic Cultural-Landmark Preservation) Designation for the property at 2494 Avenue F. At a Public Hearing held May 10,2004,the Historic Landmark Commission voted 11:0 to approve an HC-L(Historic Cultural-Landmark Preservation) Designation for the property at 2494 Avenue F. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR THE HOMESTEAD OF MITCHELL NORMAND, LOCATED AT 2494 AVENUE F, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of.the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by establishing an HC-L(Historical-Cultural Landmark Preservation)designation forthe homestead of Mitchell Normand located at 2494 Avenue F, being Lots 10-12 and 10' of adj. alley, Block 18, Cartwright Addition, City of Beaumont, Jefferson County, Texas, containing 0.51 acres, more or less, 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 herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall,,upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May, 2004. - Mayor Evelyn M. Lord - M ! Me w 1 • • • _ X • ` • ' 4 , A ,,, . • i•v. 1 I M 1 • • M • O • • 1 • Fk 46-HC: Request for an HC L(Historic Cultural Landmark Premvidon) NORTH 2 Designation. Location: 2494 Avenue F ` Applicant: City of Beaumont Planning Division g ,g — f s P-200' Qp V ar • at I . 1 s • I 4 i I Ir A! • IML %? I 1►I � ! I s t ISM �' • I%wv lam, It P I a r IV- I I! M I (ti; 1 I 1 I ! !K • CORLE`r AVE. w - sO next eo "' ti 4 42 > 41 U) w rT ZQ Q P • ! I! N II r t ! 7 I r !I M r s r T A if ! 30 y M N 19'00 CARTWRIGHT AVE./8'001 . E Z/00 ZQ70 . - ss c !� - x+ Ja �• P e + t s s s I • s s . t r r r s i t 5 it T i r /f a r 1 1 is II • P J r ICI s' r P r ! ow i ! ROBERTS AVE. SO t fro s r�s P t I / r « t r I ! r. • t t / s ! s s .�: T4 V 72 t ( i s 10 91 AN /+away► of 1AVA do so 7 May 25,2004 Consider a request to abandon a 20'utility easement at 7860 Jill Lane City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 18, 2004 REQUESTED ACTION: Council consider a request to abandon a 20'utility easement at 7860 Jill Lane. RECOMMENDATION The Administration recommends approval of the request to abandon a 20'utility easement at 7860 Jill Lane. BACKGROUND Mark Cole,the property owner,is requesting the abandonment of a 20'general utility easement that runs along the rear of his property at 7860 Jill Lane. Mr. Cole is wishing to install an in-ground swimming pool in his back yard,thus the need for the abandonment. A 5' general utility easement runs along the front of the property. No negative responses have been received. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held May 17,2004,the Planning Commission voted 6:0 to approve the request to abandon a a 20' utility easement at 7860 Jill Lane. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 20' UTILITY EASEMENT AT 7860 JILL LANE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 20' utility easement at 7860 Jill Lane, being a 20'x 53.66'general utility easement at the rear of Lot 6, Block 2, Pine Glen Second Addition, City of Beaumont, Jefferson County, Texas, containing 0.024 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same are hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May, 2004. - Mayor Evelyn M. Lord - IL File Request to abandon a 20' utility easement NORTH Location: 7160 JM Lane Applicant: NZark Cole - \ SCALE ,. \"N 1 \ HIGHWAY 105 .. I vo I gr K a :CT ID 1 y sv .� rm R Ap 7 71 TOUVAR RD. 7� . 1Zo Abp � ~ R 5� • ' 93 GO .03 GO' � 12p /i 6d /Z :X• 6C' C h in h O J5 . • L 55 GO 7Q t in 0 O : s JILL. LANE j ; ! >a IZA=P t/ b : „- s�� it tT i a f s Q Ar $ f 4 * X ! 12 12a g f► +s P : If $ N T fS : iS E fi N ` ti! Zr Z /o ` J t! ! io t/ M S9 ty ` b f /o al .1 m Is /t s /i' is n /S O r O p /T $ /I C EXHI T "/O„ ' 8 May 25,2004 Consider approving the sale of City owned surplus real property City of Beaumont Council Agenda Item .m - ' c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 11, 2004 REQUESTED ACTION: Council approval of the sale of City owned surplus real property. RECOMMENDATION Administration recommends the sale of 3 5.8 5 tract of land located at 5920 Garner Road to Market Developers, LLC for $161,325. BACKGROUND On December 19, 2000, the property was gifted to the City of Beaumont by Dr. Neal Foley for Neighborhood Revitalization Project development. Initially,the project was to provide approximately 100 single family homes for low to moderate income families. The property, located in the northen portion of the city,has public frontage on Bettes Lane,Minner Drive and Beaumont Drive. The property lies between Hawthorne Place and the railroad tracks east of Concord Road. The legal description as stated in Jefferson County Appraisal District records is Plat D-21, Tracts 70, 71, 73, 74 and 95 of the F. Bigner Survey. Development costs prohibited the City from proceeding with construction of the infrastructure required for a residential housing subdivision. It was determined that it would be most economical for the City to sell the property to a private developer with a restriction that a portion of the lots be be donated to an approved Community Housing Development Organization (CHDO) for low to moderate income housing. Terms of the sale included that the property be used for residential development and be developed in accordance with City standards. An onsite drainage detention system is required and must be approved by the City Engineer. The Buyer also agrees to donate a minimum of 10% of the single family lots to a City approved CHDO. A General Warranty Deed with a reversionary clause will be issued to the Buyer should property not be used as described. 9 May 25, 2004 Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County and the West Jefferson Municipal Water District to receive and treat sewage from the residents in the Candlelight and Martel Heights Subdivisions in the Cheek community City of Beaumont �• Council Agenda � = • � Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 17, 2004 REQUESTED ACTION: Council consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County and the West Jefferson Municipal Water District to receive and treat sewage from the residents in the Candlelight and Martel Heights Subdivisions in the Cheek community. RECOMMENDATION It is recommended that Council authorize the City Manager to execute an Interlocal Agreement with Jefferson County and the West Jefferson Municipal Water District to receive and treat sewage from two subdivisions in the Cheek community. BACKGROUND The City was contacted by Jefferson County Precinct 4 Commissioner Bo Alfred concerning the need to provide sanitary sewer service to the Candlelight and Martel Subdivisions in Cheek. The County has secured funding to construct the system and is requesting the City to treat the sewage and for the Water District to maintain the system after it is installed. The only responsibility of the City is to receive and treat domestic sewage from these subdivisions. The sewage treatment plant has the capacity to accept up to 695 gallons per minute from this area. A copy of the proposed agreement is enclosed. BUDGETARY IMPACT The City, under the terms of the agreement, will bill the Water District on a monthly basis for sewage pumped into the City's system at a rate one and one-half times the rate for City residents. Although the actual revenue will be based on the gallons pumped to the City, the annual revenue based on the maximum discharge volume is approximately $1,275,000. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Water Utilities Manager TWJeffCountyWJeff WaterInterlocal.wpd May 17,2004 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 Jefferson County (herein "County"), and the West Jefferson Municipal Water District (herein "District"), and these three (3) entities are authorized to enter into interlocal agreements in accordance with Section 791.001 et seq. of the Government Code of the State of Texas (Vernon 1996). WITNESSETH : WHEREAS, County has requested City to receive and treat sewage from the residents of the Candlelight and Martel Heights Subdivisions in the Cheek community of Jefferson County; and WHEREAS, City agrees under the terms of this agreement to provide sewage treatment services; and WHEREAS, District has agreed to participate in this project by maintaining the sewage system, collecting from those persons who utilize the system and paying the rate as established in this contract for such sewage services; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The obligations of County shall be as follows: 1. To provide all labor and material not limited to piping, pumps and lift stations adequate to convey sewage from the residents of the Candlelight and Martel Heights Page 1 GARMWIAGREEMENTS=JEFF MUN WTR DIST Subdivisions in the Cheek Community to the City manhole on Major Drive as directed by the City. 2. The City shall have the right to enter on the property or premises for any purposes reasonably incidental to or necessitated by the terms and provisions of this contract. 3. Install and maintain a meter for monitoring the quantity of sewage delivered to the City's collection system. The type and model of meter shall be approved by the City. County further agrees to test the accuracy and calibrate the meter by an approved tester upon installation and semi-annually thereafter in a manner approved by the City, with results submitted to the City. County shall bear all costs associated with the installation and maintenance of the meter. Should City question the accuracy of the meter, the City shall have the right, at its own expense, to test the accuracy of the meter. If the meter is inaccurate by at least five percent(5%), County agrees to repair and recalibrate the meter at its expense. 4. City shall have the right, at its discretion, to require County to install and maintain at a place to be determined by the City equipment and facilities for monitoring domestic sewage quality and for the purpose of determining that no industrial waste, oils, bilges, or other similar sewage is delivered to the City's system unless approved by the City. 5. Unless approved and authorized by the City, no waste other than domestic or sanitary sewage waste shall be delivered to the City's system, and sewage delivered shall be free of petroleum products, salts and heavy metals, toxic chemicals and industrial sewage. For purposes of this paragraph, the words "industrial sewage" mean waste Page 2 G:\RMW\AGREEMENTS\W JEFF MUN WTR DIST generated from industrial, commercial, and manufacturing facilities and which exceeds or is not compliant with any one of the following: A. Bio-Chemical Oxygen Demand (5-day BOD): 250 milligrams/liter. B. Total suspended solids: 300 milligrams/liter. C. Greases and Fats: 100 milligrams/liter. D. Acidity and alkalinity as the Hydrogen ion concentration (pH): Range must be above 6.0 and below 10.0 pH units. E. General discharge prohibitions as stated under the City Code of Ordinance number 03-018, section 28-101: "Use of the Public Sewers" and 03-044. F. No septic effluents shall be delivered to the City sewer system. G. Any pre-treatment processes shall be approved by appropriate City, State and Federal agencies. 6. The discharge of storm water, surface water, ground water, roof runoff, subsurface drainage or unpolluted industrial process water to the City sewer without prior written approval of the City is prohibited. 7. County agrees that any expansions or modifications to the sewage collection system shall be in conformance with the City's standards and shall be approved by the City Water Utilities Division prior to construction. 8. A copy of the collection system plans, approved by a professional engineer, must be submitted to the City. 9. The maximum discharge volume from the collection system shall not exceed 695 gallons per minute. Page 3 GARMMAGREEMENTSM JEFF MUN WTR DIST 10. Notwithstanding any provision in this Agreement to the contrary, County's obligations hereunder are expressly made contingent on the receipt of adequate funding from sources other than the general revenue funds of County. If inadequate funding is obtained, County may, at its sole discretion, electto perform the obligations hereunderwith its funds. County shall have the exclusive right to determine if funding is adequate for the obligations contained herein. 11. Should a Certificate of Convenience and Necessity(C.C.N.)from the Texas Commission on Environmental Quality be required,County will be responsible to obtain the C.C.N. and pay all costs, fees or expenses associated with the obtaining of the C.C.N. County may, however, contract with District to assume the obligations of this paragraph. II. The City's obligation shall be as follows: 1. City shall accept and treat the sewage delivered to the City's systems. 2. City agrees to bill the District for sewage services on a monthly basis at an initial rate of $98.86 for the first 1000 gallons and $3.49 per 1000 gallons thereafter. Should sewage rates be increased to residents outside of the City, the rates set herein will be adjusted by the percentage increase to the residents outside of the City. III. The obligations of District shall be as follows: 1. To maintain and operate the sewage collection system in accordance with standards provided by any regulatory body. 2. In the event of an overflow, bypass or other noncompliance with the regulations applicable to the sanitary sewage collection system, the District agrees to Page 4 G:\RMW\AGREEMENTS\W JEFF MUN WTR DIST promptly report the noncompliance as required by state and federal authorities. The District also agrees to promptly mitigate any environmental hazard created by the noncompliance and to correct the problem which led to the noncompliance. The District also agrees to submit a copy of the notification and report of the mitigation to the City. The District's collection system is defined as all the pipes and pumps within the District transporting sewage from individual connections to the lift station and including the lift station, the meter, and the pump discharge piping. City's responsibility shall begin at the point where the pump discharge piping enters the City's collection system. 3. District agrees to pay to the City all charges for sewer service within thirty (30) days after receipt of statement from the City. In the event of failure of District to so pay said charges, City shall have the right upon thirty(30) days written notice to District to refuse to accept further sewage to the area served by the District's system. 4. The District agrees to maintain with the City the sum of$5,000 to be retained by the City as payment for any delinquent amounts owing City for said services furnished at the time of cancellation or expiration of this agreement. The District agrees that any expansions or modifications to the sewage collection system shall be made in conformance with the City's standards and shall be approved by the City Water Utilities Manager prior to construction. 5. The City shall have the right to enter on the property or premises for any purposes reasonably incidental to or necessitated by the terms and provisions of this contract. IV. In connection with this agreement, official addresses for notification shall be: Page 5 G:IRMWWGREEMENTS\W JEFF MUN WTR DIST A. City of Beaumont Office of City Manager P. O. Box 3827 Beaumont, Texas 77704 B. Jefferson County Judge Carl Griffith 1149 Pearl Street Beaumont, Texas 77701 C. West Jefferson Municipal Water District Dennis Green 7824 Glenbrook Drive Beaumont, Texas 77705 V. This agreement may be amended by the mutual agreement of the parties hereto in writing and any amendment shall be attached to and incorporated into this agreement. EXECUTED in triplicate originals this day of , 2004. CITY OF BEAUMONT By: City Manager JEFFERSON COUNTY By: County Judge WEST JEFFERSON MUNICIPAL WATER DISTRICT By: Page 6 GARMWWGREEMENTSM JEFF MUN WTR DIST 10 May 25, 2004 Consider a request to extend the moratorium on the issuance of permits for the erection or construction of any off-premise advertising sign structures within the city limits of Beaumont for a period of ninety(90) days .. NN City o f Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 17, 2004 REQUESTED ACTION: Council consider a request to extend the moratorium on the issuance of permits for the erection or construction of any off-premise advertising sign structures within the city limits of Beaumont for a period of ninety(90) days RECOMMENDATION The Administration recommends approval ofthe extension of the moratorium on the issuance of permits for the erection or construction of any off-premise advertising sign structures within the city limits of Beaumont for a period of ninety (90) days. BACKGROUND On January 27, 2004, the City Council approved a moratorium on the issuance of permits for the erection or construction of any off-premise advertising sign structures within the city limits of Beaumont for a period of one hundred-twenty(120) days. To avoid confusion,the Administration is addressing the issues with the Major/Dowlen/Gladys/Hwy. 105 Overlay District and off-premise advertising signs separately. Proposed changes to the Major/Dowlen/Gladys/Hwy. 105 Overlay District will be brought to the Planning Commission and City Council on June 21, 2004. In order to allow for public input, Planning Commission and City Council consideration, it is necessary to ask for an extension to the moratorium on the construction of off-premise advertising sign structures. The Administration feels strongly that the banning of any new off-premise advertising sign structures is of vital importance to the economic well-being of the City. More than 120 cities in Texas ban the construction of new billboards completely or allow on a limited basis. Following is a list of those cities. Those in bold have a population of 100,000 or greater and those with asterisks(*)are within 150 miles of Beaumont. Addison Bunker Hill Village Frisco Alamo Heights Canton Galveston* Allen Carrollton Garland Alvin* Carthage Gatesville Angleton* Castle Hills Georgetown Anthony Cedar Park Giddings Argyle Clute Glenn Heights Athens Cockrell Hills Grand Prairie Aubrey College Station Grapevine Austin Coppell Greenville Azle Dallas Halletsville Ballinger Deer Park* Hedwig Village* Bartonville Denton Highland Village Baytown* Dickinson* Hilshire Village* Bay City Dripping Springs Hondo Bayou Vista* Duncanville Houston* Bedford El Campo Howe Bee Cave Village El Lago* Hunterscreek Village* Beeville Elgin Hurst Bellaire* Flower Mound Hutchins Benbrook Forest Hill Irving Brenham Fort Stockton Jersey Village* Bryan Fort Worth Katy* Bulverde Fredericksburg Waxahachie Keller Reno Webster* Krugerville Richardson West Lake Hills La Feria Richland Hills West University Place* Lago Vista Richmond Woodcreek Lake Jackson* Rockport Wylie Lakeside Round Rock Lakeway Round Top League City* Rowlett Lewisville Sante Fe* Marble Falls Seabrook* Manvel Selma Meadows Place Shenandoah Mesquite Shoreacres* Missouri City* Smithville Morgan's Point South Houston* Nassau Bay* South Padre Island North Richland Hills Southlake Oak Point Spring Valley* Orchard Stafford* Ovilla Sunset Valley Pasadena* Taylor Lake Village Pearland* Terrell Pflugerville The Colony Pilot Point Universal City Piney Point Village* University Park Plano Uvalde Within the city limits, a count was made of the number of billboards on College, Washington, 11' Street, Calder, Phelan, 4' Street, Hwy. 105, Hwy. 69 and IH-10. Within the city limits,on the aforementioned streets,there are approximately 165 billboard locations. At the majority of these locations, the billboards are double-sided. From these numbers, it is easily seen that there is a need to address the number of billboards being constructed in the City. BUDGETARY IMPACT None. PREVIOUS ACTION On January 27, 2004, the City Council approved a one hundred-twenty day moratorium on the erection or construction of any new off-premise advertising sign structures. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING A 90-DAY EXTENSION ON THE MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE ERECTION AND/OR CONSTRUCTION OF ANY OFF-PREMISE SIGNS WITHIN THE CITY LIMITS OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council passed Ordinance No. 04-003 on January 27th, 2004 to approve a moratorium on the issuance of permits for the erection or construction of any off-premise advertising sign structures within the city limits of Beaumont for a period of one-hundred and twenty (120) days; and, WHEREAS, the City Council continues to believe that such off-premise signs might result in harm to the welfare of the City by creating visible clutter and blight and by promoting a negative aesthetic in the City; and, WHEREAS, the City Council has determined that additional time is needed for further public input, Planning Commission and City Council consideration in the final implementation of a revised sign ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That there be and hereby is imposed for a period of ninety(90)days from the effective date of this ordinance a moratorium upon the issuance of permits for the erection or construction of any sign or billboard which is used or intended for use to advertise, identify or direct or attract the attention of the public to a business, institution, product, organization, event or location offered or existing elsewhere than upon the same lot, tract or parcel of land where such sign or billboard is displayed. Section 2. That, during said ninety (90) day period, the City staff shall continue to work with the regulated sign industry and the citizens of the City to develop and present to the City Council a proposed ordinance regulating such off-premise signs, which proposed ordinance shall be presented to the City Council in sufficient time that said ordinance, if adopted, may take effect prior to the expiration of said ninety (90) day period. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May, 2004. - Mayor Evelyn M. Lord - WORK SESSION * Public Comment at City Council Meetings 7 ...,.. INFER-OFFICE MEMORANDUM City of Beaumont, Texas City Attorney'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. A Q1q Z of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 25, 2004 1:30 P.M. CONSENT AGENDA Approval of minutes * Confirmation of committee appointments A) Approve the allocation of HOME funds to Stone Way Limited Partnership to assist with architectural and engineering costs associated with the construction of a 104-unit apartment complex at 1650 East Lucas Drive, conditioned upon the organization receiving a 2004 allocation from the Texas Department of Housing and Community Affairs for this project B) Approve a contract between the City of Beaumont and the Beaumont Community Housing Development Organization (BCHDO) C) Approve a contract for the Summer Food Service Program D) Authorize the acceptance of a 5-foot wide sanitary sewer easement off Fannett Road (State Highway 124) for the placement of a new sanitary sewer line E) Approve the waiver of penalties and interest on three tax accounts processed by the Jefferson County Tax Assessor-Collector's Office F) Authorize the settlement of the claim of Toshiba Patterson G) Authorize the settlement of the claim of Stephen Thompson H) Authorize lawsuits where necessary to collect checks returned for insufficient funds or other banking related reasons A City of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Lewis,Housing Manager MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 18,2004 REQUESTED ACTION: Council consider allocating $42,084 from 2003 HOME funds to Stone Way Limited Partnership to assist with architectural and engineering costs associated with the construction of a 104-unit apartment complex at 1650 East Lucas Drive, conditioned upon the organization receiving a 2004 allocation from the Texas Department of Housing and Community Affairs for this project. RECOMMENDATION The Administration recommends allocating$42,084 from 2003 HOME funds to Stone Way Limited Partnership to assist with architectural and engineering costs associated with the construction of a 104-unit apartment complex at 1650 East Lucas Drive. A subsequent contract will be wholly conditioned upon the organization receiving a 2004 allocation from the Texas Department of Housing and Community Affairs for this project. BACKGROUND Stone Way Limited Partnership is seeking low income housing tax credits from the Texas Department of Housing and Community Affairs for a townhome development it proposes to build at 1650 East Lucas Drive. The development will encompass 27 acres and will be comprised of a community center,residential activity areas and 104 townhome units. BUDGETARY IMPACT Funds are available from 2003 HOME funds. PREVIOUS ACTION On January 20, 2004, City Council issued a Resolution supporting Stone Way Limited Partnership's efforts to receive a 2004 allocation from the Texas Department of Housing and Community Affairs for this project. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director,Planning Manager and Housing Manager B City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Lewis,Housing Manager MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 18, 2004 REQUESTED ACTION: Council consider approving a contract between the City of Beaumont and the Beaumont Community Housing Development Organization (BCHDO). RECOMMENDATION The Administration recommends that City Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization (BCHDO) in the amount of $8,000 for infrastructure on Essex Street and Avenue A in order to proceed with the construction of four new homes. BACKGROUND City Council Resolution#03-252 authorized a contract with BCHDO to acquire property and provide downpayment and closing cost assistance to eligible low/moderate income families.This contract does not provide for installation ofwater and sewer lines. In order to proceed with construction,water and sewer lines must be installed. BUDGETARY IMPACT Funding is available from the 2002 Consolidated Block Grant Program, Infrastructure Line Item ($62,678). PREVIOUS ACTION Council has previously approved contracts with BCHDO which have enabled low/moderate income families to purchase new homes constructed in neighborhoods targeted for revitalization. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director,Planning Manager,Grants Administrator and Housing Manager. 04/30/2004 10:06 4098132165 BCHDO PAGE 02 ffmDE MOMIP T ORGAN=TI �, INU 5220 Highland Avenue Beaumont, Texas 77705 (Mice: (409) 813-2158 * lax: (409) 813-2165 www.be}i a. r Antoinette Hardy President MEMORANDUM Peggy Holiday To: Janett Lewis Ifousing Counselor From: Antoinette Hard Debra Broussard Date; April 30, 2004 Site Manager Re: Sewer sines Board Members; Contessa Dickson Loma George This memo is written to inform you that a new 6" s er line and taps are Cheryl Guillory Georgine Guillory required for the development of the four homes at 010 - 4340 Avenue Steven Haynes A. Shawna Tubbs Per our discussion., the estimated cast would be ,000.00. Since our conversation,I have been informed by Jefferson Pl bing Company that the City of Beaumont Water Department is requi . g that the existing man hole be replaced, therefore the total cast to co mplete this project is $8,000.00. Due to limited funds, our organization is requestii ig your assistance in paying the cost for this service. Your immediate response is needed and appreciat d. Thanks! BCHDO "Blessed Christians ffelping Deserving Others" 04130'2004 10.06 4098132165 BCHDO PAGE 03 04/3LI12OU4 #`Jl:�4 or_rrcrtwar�urkak�.0 Nn l$MIMON PL'(I.VRING, Co. rtolkod�t.�0. SILSANE, rx 77659 MIT NO.,- ?JS4.4" DAM PRO PO lUINWMFD TO vt'ty"TO jDS SWOWND 0xrttr OP ruirS: PROP49 NO.! *JkC'RVlrt T: Wt Wwt6y prd"to sjnr sh the nstwws NW pkerlb M do bbm becosmv Am t!t Cctr*aim of , k AP rte moia it guwt ttt tw!w b«Ma qw=f ,*ad dw 4bnw work m bkt perfu n W 7n,4wa pwdilmu tth the dtewtno am ft"i0fts wbiWttrd ft,above w.ark wd campW4d in■eubetar eW werkttMeiike rrfusur lfbr the sum of Wilttrr t#yo b b '„y)WO payffAms to be mmm se*wows A.±.rr..i *dk 110NOM rtRM abets OVA4000 wvdv No mm amb.ie ata►bflliit�d 7to.owo d�"M rmwe wdw 404 aw 4w.a awlra s1r�s ow ad a& *MI.+ar. auk armowfm rm6owww � aka, pe Per fiwww!wu wksarel d• ha proputei mW be rrit W r, by if molpted witftb►30 devs A�'(I"tANDE Of POLOPOSAL I t*eth.•s Pnm. *:A"buw mq M*wubmw ass ar4et •5'AM�to b MANOW Yvu are*Wl.rdw i.•pird P+nn�b•wd1 tw mda w a s C City of Beaumont �•..M c g Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 13, 2004 REQUESTED ACTION: Council consideration of a contract for the Summer Food Service Program. RECOMMENDATION Administration recommends awarding a contract to Moncla's, Inc. of Beaumont, Texas, for furnishing lunches for the Summer Food Service Program sponsored by the Recreation Division in the amount of$2.24 per lunch served. BACKGROUND The program,which is funded by the U.S.Department of Agriculture and administered by the Texas Department of Human Services,provides free,nutritious,and well balanced meals to any child up to eighteen(18)years of age. This is the thirteenth year the Recreation Division has participated in this program. The Recreation Division will provide lunches at Sprott Park, Roberts Park, Alice Keith Park, Magnolia Park,the Southeast Texas Family Resource Center, and the L.L. Melton Y.M.C.A. The program will begin June 1,2004 and continue through July 30,2004. Lunches will be served Monday through Friday excluding the City holiday observed on July 5,2004. The number of lunches to be served at each location will be determined by the enrollment in summer activities, although participation is not a requirement to receive a lunch. Last year approximately 18,572 meals were served at a cost of $1.97 per lunch for a total of $36,586.84. Bids were solicited from seven(7)food service vendors this year and Moncla's, Inc. submitted the sole bid of$2.24 per lunch. BUDGETARYIMPACT The cost of each lunch served will be reimbursed to the City from the Texas Department of Human Services. The cost based on serving an estimated quantity of 19,000 lunches at $2.24 each is $42,560. Summer Food Service Program May 13,2004 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Community Services Director. D . City of Beaumont..M c Council Agenda Item g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 17, 2004 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a 5-foot wide sanitary sewer easement off Fannett Road(State Highway 124) for the placement of a new sanitary sewer line. RECOMMENDATION Ingraham Family Limited Partnership has agreed to convey a 5-foot wide by 20-foot long sanitary sewer easement to the City of Beaumont on property described as being out of the J.W. Bullock League, Abstract No. 7, Jefferson County, Texas. The easement is adjacent to an existing 10-foot sanitary sewer easement. Administration recommends acceptance of the easement. BACKGROUND None. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. \engfannett-rd_ingraham-ib.wpd 17 May,2004 SUBJECT 5' SANITARY SEWER EASEMENT ZP4DCT MOREL ND DTPEC IMPS i; 'T.l E3 gyp? j T�Q0� 0.ENW DD /°Oyp a MIRA J OUT OF .� J.W. BULLOCK LEAGUE 96 69 SARM 9 P0S ABSTRACT 7 "DR 9ji,.P �qti C DIN q! -fo 9� 4P hRI1.E T1 AAA 3 F 124 "t (FANNETT ROAD) `PS w .yp� � r�eat�nt I'fin� L Piant OWNER- yfa' ROHERTS INGRAHAM FAMILY LIMITED PARTNERSHIP Bs \\ sfy EMERALD \q 7Y 9y i LOCATION MAP LEGEND N.T,S, SUBJECT PROPERTY s co! Y 1 8� 1 �FND.2'PIPE / STn1ry3 36 aD� 5 y`X I FND.2'PIPE i CONCRETE PARKING sr9eFr w. 101, 149.PG.62] _ BLOCK 1.1 BLOCK 17 I�1� w l d ia5 N � oo O _ - ° ua / 82.67 ACRES" N a �� -B '�OLUNE 89.PAGE 589 �z I D.R.,-F J.C.,T. O o D1Vt'3`oN � �I rti IXISTM6 TO SMIii�NlY$EAE EASEMENT 1D �v i I O.R.OF 1c., ^1 L•C` I N DWG ff - - � - - TR�A �2v —!_I B CNN DE m a m s• a a E .l ! City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 20, 2004 REQUESTED ACTION: Approve the waiver of penalties and interest on three tax accounts processed by the Jefferson County Tax Assessor-Collector's Office. BACKGROUND Section 33.011 of the State Property Tax Code states "the governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Jefferson County Commissioners' Court approved the waiver of penalties and interest on the accounts on May 10, 2004. A letter from the Tax Assessor-Collector is attached for your review as well as information relating to the three tax accounts. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager soN XA N IRMAlVM K. JOHNSON TAX ASSESSOR-COLLECTOR NETTLE WILLIAMS TRUSS JEFFERSON COUNTY COURTHOUSE SYLVIA E.MYERS CHIEF DEPUTY P.O.BOX 2112 BEAUMONT,TEXAS 77704 CHIEF OPERATIONs MGR. 409-835-8516 FAX 409-835-8589 May 11, 2004 Kyle Haves, City Manager City of Beaumont P. O. Box 3827 Beaumont, TX 77704 Dear Mr. Hayes: The Tax Office has accepted three(3)payments that were processed according to Sec.33.011 of the State Property Tax Code. For your information,Sec.33.011 reads as follows: "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer,employee,or agent of the taxing unit caused the taxpayer's failure to pay the. tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Commissioners' Court met on May 10, 2004 and approved waiver of penalty and interest on these accounts which are listed on Attachment A. I am now requesting that you present this information to your governing body in order to ratify the Commissioners'Court action in accepting these payments. If you should have any problems or questions concerning this matter,please let me know right away. Please notify me in writing as soon as ratification has occurred. I look forward to hearing from you. Sincerely, MI AM K. JO eTaxes Assessor-Colle Jefferson County, Texas MKJ:tm Attachment app-.aiv 12 . 1 CITY OF 8C4dh1J''° �i?iii"E vCr! ATTACHMENT A CITY OF BEAUMONT - WAIVER OF P & I May 10, 2004 Taxpayer's Name Total Levy Waiver of P & I Account Number Paid Request 1. Rental Service 540.67 365.02 012150-015500 (1994-2003) 2. Paul Jones 201.54 39.26 041400-001500 (2002 & 2003) 3. Furniture Acquisition 2,919.99 321.20 300056-012793 TOTAL 3,662.20 725.48 City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 19, 2004 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Toshiba Patterson. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Toshiba Patterson. BACKGROUND Council authorized the settlement of this claim in Executive Session April 27, 2004. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown: Toshiba Patterson&Provost &Umphrey Law Firm $15,000 Provost &Umphrey Law Firm PO Box 4905 Beaumont, TX 77704 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. SAAGENDAIAGENDA ITEM MEMO S TATTERSON-5-04-CS03-123wpd.wpd RESOLUTION NO. WHEREAS, the claim of Toshiba Patterson has been discussed in an Executive Session properly called and held Tuesday, April 27, 2004; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Toshiba Patterson in the amount of Fifteen-Thousand ($15,000) Dollars payable to Toshiba Patterson and Provost & Umphrey Law Firm. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May, 2004. -------------------------------- - Mayor Evelyn M. Lord - G:\CG\AGENDA\RESOLUTI\CLAIMLAW.DOC\RESO-CLAIM\PATTERSON-5-04-CS 03-123.wpd G City of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 19, 2004 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Stephen Thompson. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Stephen Thompson. BACKGROUND Council authorized the settlement of this claim in Executive Session April 27, 2004. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown: Stephen Thompson&Provost &Umphrey Law Firm $27,000 Provost &Umphrey Law Firm PO Box 4905 Beaumont, TX 77704 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. SAGENDAIAGENDA ITEM MEMOS ITHOMPSON-5-04-CS03-123wpd.wpd RESOLUTION NO. WHEREAS, the claim of Stephen Thompson has been discussed in an Executive Session properly called and held Tuesday, April 27, 2004; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Stephen Thompson in the amount of Twenty-Seven Thousand ($27,000) Dollars payable to Stephen Thompson and Provost & Umphrey Law Firm. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May, 2004. -------------------------------- - Mayor Evelyn M. Lord - G:\CG\AGENDA\RESOLUTI\CLAIMLAW.DOC\RESO-CLAIM\THOMPSON-5-04-CS 03-123.wpd H City of Beaumont � K Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joe Sanders, Senior Assistant City Attorney MEETING DATE: May 25, 2004 AGENDA MEMO DATE: May 20, 2005 REQUESTED ACTION: Consider a resolution authorizing lawsuits where necessary to collect checks returned for insufficient funds or other banking related reasons. RECOMMENDATION Council approval of a resolution authorizing collection of "hot" and other returned checks by lawsuit if necessary. BACKGROUND Council discussed this matter in an executive session on Tuesday, May 4, 2004. BUDGETARY IMPACT It is expected that this measure will promote the collection of otherwise lost revenue. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. G:\CG\AGENDA\RESOLUTI\CLAIMLAW.DOCWGEN MEMO-LAW\HOT CHECK-5-04.wpd RESOLUTION NO. WHEREAS, the City of Beaumont receives checks that, when processed, are returned for insufficient funds or other banking related reasons; WHEREAS, the makers of returned checks, after notification, fail to honor their responsibility regarding such checks; WHEREAS, the Council desires to authorize collection efforts of returned checks; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized after consultation with the City Manager to take all appropriate action to collect such sums due and owing on account of returned checks including, if necessary, litigation. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May, 2004. - Mayor- G:\JO E\HotCheckResolution.wpd