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Home My WebLink AboutPACKET FEB 28 1984 r AGENDA REGULAR SESSION OF THE CITY COUNCIL FEBRUARY 28, 1984 CITY COUNCIL CHAMBERS 1:15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. 1. An ordinance changing the zoning from R-3 (Modified Two Family and Multiple Dwelling to RS (Residential Single Family) NC (Neighborhood Commercial ) , and GC-MD (General Commercial-Multiple Dwelling) for an area referred to as the Delmar/Dixie Rezoning Study. 2. An ordinance changing the zoning from RS (Residential Single Family) to RM-H (Residential Multiple Family-High Density) on property in the 2500 Block of West Lucas, east side. 3. An ordinance changing the zoning from RM-H (Residential Multiple Family-High Density) to NC (Neighborhood Commercial ) on property at 4312 and 4316 Treadway. 4. An ordinance amending a Specific Use Permit to sell alcoholic bever- ages in a GC-MD (General Commercial-Multiple Dwelling) district at 5905-E Phelan, by expanding the hours of operation. 5. An ordinance issuing a Specific Use Permit to establish an advertis- ing agency in an R-3 (Modified Two Family and Multiple Family) dis- trict at 2635 McFaddin. 6. An ordinance granting an HC (Historical-Cultural ) district overlay zoning on property at 1645 Orange. 7. First reading of an ordinance amending commercial closed container sanitation franchises. 8. A resolution authorizing execution of a five-year lease with the Beaumont Art League. 9. A resolution authorizing purchase of uniforms for the Fire Depart- ment. .. ti Council Agenda February 28, 1984 Page 2 10. An ordinance calling an election to change Washington Boulevard to M. L. King, Jr. Boulevard. 11. A resolution authorizing execution of an annual contract for petroleum products. 12. A resolution authorizing award of bids for the demolition and removal of various structures. Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. February 21, 1984 1, Council Letter 340 Honorable Mayor and Members of City Council Subject: Delmar/Dixie Street Rezoning Study GENERAL INFORMATION DELMAR/DIXIE REZONING STUDY The study extends from Delmar east to Dixie and from Wall Street north to the Southern Pacific Railroad. Zoning on the north and went is Light Industrial and Heavy Industrial respectively. East of the study the zoning changes to GC-MD (General Commercial - Mul.tiple Dwelling) . Malone and Hyde Grocery Co. is the only land USE!. South of the study to College the zoning is GC-MD and exhi- bits scattered vacant lots among varied retail uses. Predominant land use within study boundaries is single family residential. Approximately 20% of the lots in the study are vacant. A church, union meeting hall and small mobile home park are also located in the study area. The comprehensive plan designates the study area , as a Stable Area. All existing zoning is original from 1956 . Existing Zoning R-3 (Modified Two Family and Multiple Dwelling) Surrounding Zoning and Land Use north - LI , railroad yard east - GC-MD, grocery distri- butor south - GC-MD, retail west - HI, metal salvage yard Comprehensive Plan Stable Area SPECIAL INFORMATION Public Utilities ROW/PAVEMENT WATER/SANITARY SEWER EAST/t9EST STREETS Fannin 60/18 6/8 Forsythe 60/16 2/8 Wall 60/16 2/8 ., SPECIAL INFORMATION (cont'd) Public Utilities (Cont'd) ROW/PAVEMENT WATER/SANITARY SEWER NORTH/SOUTH STREETS Dixie - 55/20 6/10 Sunnyside 55/20 12/6 Edgemore 55/16 -/8 Delmar I 55/15 6/8 Fire Protection Station #6, 1155 Glendale ANALYSIS - Existing single family residences have been maintained for the u~ + previous 25 years. Most are in very good condition. - No actual commercial uses have been built near the center of the study area. - Most of the seven streets in the study area have substandard pavement widths. Existing utilities are only adequate to serve existing residential uses. STAFF RECOMMENDATION Staff feels that the demonstrated pattern of single family residential use should be protected. Due to the lack of any retail development pattern, staff feels that any future commercial use will occur near existing commercial uses. Based on these criteria, the following districts are recommended: PROPOSED FOR NC (NEIGHBORHOOD COMMERCIAL) and GC-MD (GENERAL COMMERCIAL- MULTIPLE DWELLING) . These areas, as shown on the map, will serve as transition from the surrounding HI and GC-MD districts to the west and south. They are primarily vacant lots on the periphery of the study area at Dixie and Wall , Edgemore and Wall and Delmar from Forsythe to Fannin. PROPOSED FOR RS (RESIDENTIAL SINGLE FAMILY) . All other properties in the study which are either vacant or demonstrate single family residences. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval as shown on the attached map as is encompassed in the revised staff recommendation. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners within Study Area 53 Responses in Favor of Proposal 0 Responses Opposed to Proposal 0 Notices Mailed to Property Owners within 200 Feet 48 Responses in Favor of Proposal 0 Responses Opposed to Proposal 1 It is recommended that this ordinance be approved. Karl Nollenberger City Manager cc: Sherell J. Cockrell, Planning Director DELMAR/DIXIE REZONING STUDY. PROPOSAL TO CHANGE THE ZONING lr FROM R-3 TO NC , GC-MD AND RS. I n ' PROPOSED ZONING FOR DEt_MAR/DIXIE REZONING STUDY " I i EXISTING R-3 BOUNDARY 33 m 47 i ♦1 4j— 36 ♦O 19 Y7-- tJ P1.P.��J:'9 B 17 16 e 4 2 I♦1J jP I' I-- B v Al; d .♦ ,♦ N P7 12 G' 1b 19 b 65 rJ r♦ C J7 i - 0 C Q — O JQ 0 Q O J7 J Jv /`l I v A / ! J ♦IJ 6 7 ( 9 V a 12 1 1 5 J 6 7 ( 9 C u :F 1 ! 1 ! 6 7 / 9 < - 31 -- Ja FORSYTH£ s7 to - I —- NL• Ip t /T 4 /J w I ♦t1 1 IP 11 10 P:7 9 0 17 '6 O ,♦ L/3 I 12 \� /4 Fzt7 NC1r :I 1� 1 6 7 1 WA 1 sT so - EXIST N ' ' R-3� BOUNDARY - --- ♦11 P71120 9 1 N',617 N J °♦I1 T rr 19 •s .I 6 .� -♦ �� 1+11 PII; P_°;9 � /l rt :1 � 9—J 111;J I _ S,4 J 67 ( 910 J,I ! 67 ( 9 .c :/'." 1 .I I• COLL£G� 1 1 J •!J / ! ! • 1 ( 7 • 9 Kr n •Y I e1 ♦ Jf 7 / f Cn / lJ ♦ J ( T ( f .t 1j Jl• JI 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 CHANGING THE ZONING FROM R-3 (MODIFIED TWO FAMILY AND MULTIPLE DWELLING) DISTRICT TO RS ( RESIDENTIAL SINGLE FAMILY) , NC ( NEIGHBORHOOD COMMERCIAL) , AND GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICTS FOR AN AREA REFERRED TO AS THE DELMAR/DIXIE REZONING STUDY; 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 classification from R-3 (Modified Two Family and Multiple Dwelling) District to RS ( Residential Single Family) , NC ( Neighborhood Commercial) , and GC-MD ( General Commercial - Multiple Dwelling) Districts for an area referred to as the Delmar/Dixie Rezoning Study , 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 h.ereinabove 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 it 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 this the day of 1984. Mayor - 2 - 2. February 21, 1984 Council Letter 344 Honorable Mayor and Members of City Council Subject: Request for zone change from RS to RM-H on property located in the 2500 Block of West Lucas (east side) . GENERAL INFORMATION 91 1 —L. Applicant Joe Guarnere Status of Applicant property owner Requested Action zone change from RS to RM-H (Residential Multiple Family- High Density) Representative Uses in RM-H single family dwellings, two family dwellings , multi-family dwellings, cluster housing, home occupations Purpose new apartment construction Existing Zoning RS (Residential Single Family) Location 2500 Block of West Lucas Size: 150 x 223, 0. 76 acre Existing Land Use vacant Surrounding Zoning and Land Use north - RS, single family east - RS , single family south - RS, single family west - (across Lucas) RS, single family Physical Features 150 feet of frontage on the east side of Lucas ; rear pro- perty line abuts cluster housing development Ccmr_>rehensive Plan Stable Area SPECIAL INFORMATION Public Utilities Sanitary Sewer: 15 inch line Storm Drainage: to storm sewers in Delaware Water: 18 inch line Streets West Lucas is designated as a major arterial and has a 60- foot right-of-way and 22-foot pavement. Fire Protection Station #4 , Gladys and Lucas ANALYSIS - Under RM-H zoning the subject property is allowed 22 dwelling units. - Land use surrounding the request is single family residential on three sides. - The request is contrary to land use principles which dictate that the intensity of land uses should transition away from major intersections and not originate in mid-block. - The request will generate future zone changes in order to estab- lish compatible land uses. - A granted zone change would create a transition at front lot lines or across a street. This condition maximizes incompatibi- lity for single family land owners. While the comprehensive plan determines that multi-family resi- dential should be located adjacent to major streets , the staff feels that the capacity of West Lucas is at a maximum. Due to this fact, the staff would support high density multi-family only after improvements to West Lucas would enable it to accept :increased traffic. The request constitutes "spot" zoning since it is incompatible With surrounding land use, grants a privilege to the owner which is not extended to surrounding property owners, thereby causing a detrimental effect on their land value and is not in accordance with the comprehensive plan. STAFF RECOMMENDATION Staff reconL7ends denial of the request based on: the request is contrary to land use principles which dictate that the intensity of land uses should transition away fror, STAFF RECOMMENDATION (cont ' d) major intersections and not originate in mid-block; - a granted zone change would create a transition at front lot. lines or across a street; this condition maximizes incompati- bility for single family land owners; and - the request constitutes spot zoning. PLANNING COMMISSION RECOMMENDATION E f Planning Commission recommended denial of the request by a vote 5 to 0. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 28 Responses in Favor of Request 0 Responses Opposed to Request 4 ; a petition was also sub- mitted with 13 signatures which constitutes 330 of the land are within 200 feet and invokes the 20% clause It is recommended that the request be denied. Karl Nollenberger City Manager cc: Sherell J. Cockrell, Planning Director • j : k , FILE 911-Z. REQUEST FOR A ZONE CF N FROM RPM-H ON PROPERTY DESCR] AS LOT 8, BLOCK 31 CALDER ADD. — o '_j �� ; r, LOCATED 2500 BLOCK OF WEST LUCAS P LICANT- JOE GUARNERE I^ ^! I • r t e. .r I ` �s. i ,X7 7 I V I J 1 � ♦ `/ 9 10 it J ` I 1 J Y Noma � rrrJ// CJ , •I I !! ,•. nr 7 — DELAWARE ST in • -_ n rtf .. i J7 10 - • to rc v ? i � R 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 CHANGING THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY-HIGH DENSITY) DISTRICT ON PROPERTY LOCATED IN THE 2500 BLOCK OF WEST LUCAS ( EAST SIDE) ; 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 classification from RS ( Residential Single Family) District to RM-H ( Residential Multiple Family - High Density) District on property located in the 2500 Block of West Lucas ( east side) , 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. 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 this the day of 1984. - Mayor - 2 - February 21, 1984 3. Council Letter 339 Honorable Mayor and Members of City Council Subject: Request for zone change from RM-H to NC on property located at 4312 and 4316 Treadway. GENERAL INFORMATION O_Z Applicant Frances Shackelford Status of Applicant property owner Recluested Action zone change from RId-H (Resi- dential Multiple Family - High Density) to NC (Neighborhood Commercial) Representative Uses in NC general merchandise stores, food stores , drug stores, fuel dealers, banks , real estate offices, washaterias, beauty and barber shops, doctor and dentist offices , day care centers Purpose correct existing zoning viola- tion Existing Zoning RM-H Location 4312 and 4316 Treadway Size 100 x 150, 0. 344 acre Existing Land Use residence on west lot , sewing shop on east lot Surrounding Zoning and Land Use north - (across Treadway) R-3 , medical clinic east - RS, single family south - R-3 and RS, vacant west - R-3, single family Physical Features two residential lots ; combined frontage of 100 feet Comrrehensive Plan Activity Corridor SPECIAL INFORMATION Public Utilities Sanitary Sewer: 21 inch line Storm Drainage: open ditch to Eastex Freeway Water: 8 inch line Streets Treadway is designated as a local residential street and has a 60-foot right-of-way and 18-foot pavement. Fire Protection Station #4, Gladys and Lucas ANALYSIS - Applicant has begun a sewing shop and retail sewing machine sales in a converted residence which was previously granted a specific use permit for a beauty shop. - The existing RM-H district complies with land use principles which state that the intensity of districts should transition in intensity as the distance from a major arterial increases. Due to the existing R-3 zone, the staff examined the surrounding land uses at the Treadway/Eastex frontage road intersection, only those properties having direct access to the Eastex frontage road would be considered for retail or commercial zoning. This would exclude the subject property since it is 102 feet east and does not have this access . Treadway, a local residential street, has an 18-foot pavement. The request is not in compliance with the comprehensive plan. STAFF RECOMMENDATION Staff recommends denial of the request for NC based on: - 'the existing RM-H district complies with land use principles which state that intensity of districts should transition in- :intensity as the distance from a major arterial increases ; - the applicant has begun a sewing shop and retail sewing machine sales in a converted residence which was previously granted a =specific use permit for a beauty shop; and the request is not in compliance with the comprehensive plan. PLANNING COA'MISSION RECOvLMENDATION The Planning Commission recommended denial of the request by a fvote of 5 to 0 . PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 13 Responses in Favor of Request 1 Responses Opposed to Request 7; a petition with 16 signatures was also sub- mitted; 3 of the signatures represented property owners within 200 feet which con- stitutes 70 of the land area It is recommended that this request be denied. Karl Nollenberger City Manager cc: Sherell J. Cockrell, Planning Director x• FILE 910-Z. REQUEST FOR A ZONE CH Ja , . M RM-H to NC ON PROPERTY DESCRIBED AS TRACTS 149,150, CI- Y TAX PLAT D-2, LOCATED 4312 & 4316 TREADWAY. FRANCES SHACKELFORD D -23 n 1/2n AL aw \ d' ww . cp ;r ti fi! A • 310'T " �` 3 E -� • t 7 t GQ Ak 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 OE' BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM RM-H ( RESIDENTIAL MULTIPLE FAMILY - HIGH DENSITY) DISTRICT TO NC ( NEIGHBORHOOD COMMERCIAL) DISTRICT ON PROPERTY LOCATED AT 4312 AND 4316 TREADWAY ; 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 classification from RM-H ( Residential Multiple Family - High Density) District to NC ( Neighborhood Commercial) District on property located at 4312 and 4316 Treadway, 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. h 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 this the day of 1984. - Mayor - - 2 - February 21 , 1984 4• Council Letter 343 Honorable Mayor and Members of City Council Subject: Request to amend specific use permit to sell alcoholic beverages in a GC-MD district located at 5905-E Phelan by expanding hours of operation. GENERAL INFORMATION 869-Z Applicant Rick Steffler Status of Applicant prospective leasee from owner, Ted Henchey Requested Action specific use permit to establish the sale of aocoholic beverages on premises Existing Zoning GC-MD (General Commercial - Multiple Dwelling) Location 5905-E Phelan Blvd. Size 1550 square feet Existing Land Use vacant lease space Surrounding Zoning and Land Use north - (across Phelan) RS, single family residential east - R.M-H, apartments south - (across Calder) RS, single family residential west - GC-MD, retail center Physical Features request is lease space in neigh- borhood shopping center ComF,rehensive Plan Stable Area SPECIAL INFORMATION Public Utilities Sanitary Sewer: 33 inch line in Calder Storm Drainage: 24 inch line in Phelan Water: 16 inch line in Calder Streets Phelan Boulevard is designated as a major arterial and has two paris of 24-foot lanes and 37-foot median. Fire Protection Station 44 , Gladys and Lucas ANALYSIS The current specific use permit application is requesting an increase in the hours of operation which, will begin at 11 a.m. and close at midnight Monday through Wednesday and 11 a.m. until 2 a.m. Friday and Saturday. STAFF RECOMMENDATION Staff recommends approval of the request for the extended hours of operation and maintains the recommendation for elimination of- the driveway access and curb cut to Calder Avenue from the rear of the lounge. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended denial of the request by a vote of 7 to 0. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 23 Responses in Favor of Request 0 Responses Opposed to Request 2 It is recommended that this ordinance be approved. "ar1 "cllenbcrger City Manager cc : Sherell J. Cockrell , Planning Director •� e 2 x it FILE 869-P. REQUEST FOR SPECIFIC USE PERMIT TO SELL ALCOHOLIC __ BEVERAGES ON PREMISES FOR PRnP- i ►. ; W ERTY AT 5905-E-PHELAN BLVD.: C�• �' '� APPLICANT: RICK STEFFLER sae fe U/200 i -- ---- .. 4 so .. M ! r r D Q At rf 12 s Z i ns err 54 OE'•'M I ,rRr g R o t I ti e � � � � ►-,moo° L t _ •711 11,E � ` .� •M t� 7f • t1 �e- pal - 'J J 0 � 1 3. ` ! I V I a 1 •-ADO J ' I -� ' i 6 60 11 ,/ 1 . � I ��-11 • YE�E ''e gt 1 I '1i "Y de 1 l o ! Z� i s • �\/ � c va Ql itvs Ives '9"91 .70 IF O r e ^ i W ,l. Z 1.. /CAF 7 A•7l!'I eo s.' 71."'- F6 Q .151' AS i_it ro ' .7a 91 :I �-• �9 � N0 ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO SELL ALCOHOLIC BEVERAGES IN A GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT LOCATED AT 5905-E PHELAN BOULEVARD. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit to sell alcoholic beverages at 5905-E Phelan Blvd. , Beaumont, Jefferson County, Texas, to Rick Steffler, prospective leasee from owner, Ted Henchey , his legal representatives, successors, and assigns for that certain property hereinafter described; 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 sell alcoholic beverages on property located at 5905-E Phelan Blvd. , Beaumont, Jefferson County, Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, is hereby granted to Rick Steffler, his legal representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2 . That the specitic 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 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1964 . - Mayor - 2 - February 21, 1984 5. Council Letter 342 Honorable Mayor and Members of City Council Subject: Request for specific use permit to establish an advertising agency office in an R-3 district located at 2635 McFaddin. GENERAL INFORMATION 909-P Applicant Hoyt and Paula Bothe Status of Applicant prospective buyers ; owner is Mr. Garland Pickett, Houston Requested Action specific use permit to estab- lish advertising agency Existing Zoning R-3 (Modified Two Family and Multiple Dwelling) Location 2635 McFaddin Size 50 x 150 , 7500 sq. ft. Existing Land Use vacant single family residence Surrounding Zoning and Land Use north - (across McFaddin) RS, professional offices east - R-3, doctor ' s office south - GC-MD, commercial of- fices west - R-3, vacant single family residence Physical Features 50-feet of frontage on McFaddin Comprehensive Plan Conservation and Revitalization SPECIAL INFORMATION Public Utilities Sanitary Sewer: 10 inch line Storm Drainage: 15 inch line Water: 2 inch line SPECIAL INFORMATION (cont'd) Streets McFaddin is designated as a local residential street and has a 60-foot right-of-way and 27-foot pavement. Fire Protection Station #7, 1700 McFaddin ANALYSIS [ See Specific Use Permit Review. STAFF RECOMMENDATION Based on the applicant ' s with the eight conditions necessary for specific use permit approval, staff recommends approval of the request. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 6 to 0 . PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 14 Responses in Favor of Request 1 Responses Opposed to Request 0 It is recommended that this ordinance be adopted. �L tAUL'C"' . Karl Nollenberger City Manager cc: Sherell J. Cockrell, Planning Director N SPECIFIC USE PERMIT REVIEW" FI7�E 909-P ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and------------ advertising agency; activities. 5-7 employees; Monday-Friday, 5-5: 30 p.m. 2. Boundaries of area covered by site ------ 50 x 150 , 7500 sq. ft. ; plan with dimensions. Block 51, Lot 4 , M. Averill Addition- 3. Existing and proposed building locations with: - number of stories; ------------------- one - height; ------------------------------ approximately 15 feet - gross floor area; -------------------- approximately 1514 sq. ft. - entrances and exits. ----------------- from McFaddin 4 . :Existing drainage locations and --------- to storm drain in McFaddin direction of flow. 5. ''.r_o osed landscaping existing landscaping to p ping and screening ------ buffers. remain; no additional requirement 6. :Location and dimensions of: •- curb cuts (existing and proposed) r--- 12-ft. curb cut existing -- public and private streets , showing --McFaddin: 60-ft. right-of- rights-of-way widths; way; 27-ft. pavement -- parking and loading areas;------------on-site parking for 10 cars -- pedestrian walks ; -------------------- 3-foot walk -- exterior lighting; -------------------none -- trash storage locations; -------------no exterior trash storage 7. Fences or screening provisions ---------- 6-ft. wooden privacy fence showing location, type and height. on south property line S. Sion height, location and dimensions .----attached to front entrance of structure . M-axi: um area FILE 909-P CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if all of the following conditions have been found: 1) That the specific use will be compatible with and not injurious to the use anc enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; Property immediately surrounding the proposed use is developed to a degree equal to or more intensive than the subject lot. Property values will experience no impairment because of requested use. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; All Surrounding development on McFaddin is developed in a manner which is compatible to the current request. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; All existing facilities are present and adequate for service to the proposed use. 4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Site plan meets all ordinance requirements for on-site parking and has been approved by Urban Transportation Depart- ment. 5) That adequate nu4sance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Proposed use generates none of the five environmental nuisances. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; Proposal shows no -exterior lighting. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Proposal requires no additional fencing or screening to meet ordinance requirements . 8) That the proposed use is in accordance with the comprehensive plan; Subject location is designated as Conservation and Revitali- zation Area and is in compliance with comprehensive plan. =,t ,I .f , . .FILE 909-P. ---T REQUEST FOR A SPECIE;IC - USE PERMIT TO ESTABLISH AN ADVERTIS AGENCY LOCATED AT 2635 MCFADDIN.' APPLICANT: HOYT & PAULA BOTHE a /! ? ,•C 1 O / t 1/ • � 1 1. 4 ,, � � i - j 1/200 rU � 17 M q I to is IF is M !: !f tJ tI f! .NORTH r I f � - . if ! N /J / { r ' t / ' ro ra tr tt v S? r. rJ rt r rt !f k y qj • /t ,l // it to r/ a rJ !f t1 ,MC fADO;N i AYE i t n it v to f, It !! 14 t! to 17 to 11 O ,•� ,! if /7 to it to r/ r! lJ rt f! C.ot DER AVE to if ,! !O t1 tJ to rl to rf !O� -/1 ,1 /t /s � I _ �/ I n to n tr fJ �!. tJ BROADWAY j - _ '• �^ ,! ro tr E tr r! t. IJ rt tt t! !n �J ~ momR 1 to f 4 • G '2OPt-..:!Y OWNER: _ �'- f10YT �o 7AIr- 0.F. N0. rrv0./,Poll ewO 50,0 JI FENCE SLprfi sLf� A:r-,gALT scare L SLOPE C) 32 3 0�L o� /GAS � . Ors�E sJver • Oiv /°jE,PS •�� 7.S' Q Q —I-ZOPOSEO SIC.AJ ��stOPE Slore• LOCATE0 OU `o �N` uor TO _-XGEED o: 3.t i ?Ob'SO,Fr. •': AJrHat W S—'T 1AWN ROD� f f. . W.*Z 0//R/ 0�c s / Can�i ~OG6 , I i g i ! WA7E9 HEMie Location to be rented to an advertising agency. Agency to house 5 to 7 employees or less . Typical . employees of a small advertising agency might be: graphic -artist, sales executives , receptionist/secretary. bookkeeper, manager,messenger(s) . On premises parking lot should house needed parking for agency employees and most guest, Typical bours of business for most advertising agencies are 8am-5 :30pm. Monday - Friday. It should be noted that a business such as this would not utilize any type of heavy equipment as part of normal activities and would not have large equipment stored on the lot. if ^ Co�wrlhnt —INC .. NACU flTi,' E vnen and lwJ Sunrfon . . .. .'. .., 17r.0 1144 Petroleum Building• Beaumont.Texas 77701 •(409)832-7238 . �::.�.. o.•'r ' DATE , . i�� J00 N0. NO ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR AN ADVERTISING AGENCY OFFICE IN AN R-3 ( MODIFIED TWO FAMILY AND MULTIPLE FAMILY) DISTRICT LOCATED AT 2635 MCFADDIN. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit for an advertising agency office in an R-3 (Modified Two Family and Multiple Dwelling District, Beaumont, Jefferson County, Texas to Hoyt and Paula Bothe, prospective buyers from owner, Garland Pickett, their legal representatives, successors, and assigns for that certain property hereinafter described; 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 the specific use permit for an advertising agency office at 2635 McFaddin, Beaumont, Jefferson County , Texas, in accordance with Section 30-26 and Section 30-40 of tine Code of Ordinances of the City of Beaumont, as amended, is hereby granted to Hoyt and Paula Bothe, prospective buyers from owner, Garland Pickett, their legal representatives, successors and assigns for that certain tract 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" ana made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 2 - February 21, 1984 6. Council Letter 341 Honorable Mayor and Members of City Council Subject: Request for HC district overlay zoning on property located at 1645 Orange. GENERAL INFORMATION 14—HC- Applicant Robert LeJeune Status of Applicant property owner Requested Action HC overlay district Property Description Lots 15 and 16 , Block 14 , Ogden Addition Location 1645 Orange Existing Zoning and Land Use RM-H (Residential Multiple Family - High Density) , resi- dence SPARE Beaumont Point Rating 70 ANALYSIS - The structure is an example of 20th Century Classic Revival architecture in Texas and thereby complies with Item B of the criteria. - The structure is listed on the SPARE Beaumont Survey and thereby satisfies Item H of the criteria. !r�TAF:F RECOrLMENDATION Based on its compliance with two of the criteria required for HC zoning, the staff recommends approval of the request. HISTORICAL LAND.�IARK COMMISSION RECO.2•1ENDATION The Historical Landmark Corunission recommended approval of the re- :��'- of e ' 0 . PLANNING COMMISSION RECOMMENDATION TThe Planning Commission recommended approval of the request by a ote of 5 to 0. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners lg Responses in Favor of Request 0 Responses Opposed to Request 0 It is recommended that Council approve this ordinance. Karl Nollenberger City Manager cc : Sherell J. Cockrell, Planning Director -� • �r FILE 14—HC. REQUEST FOR HC DIST. l OVERLAY ZONING 0"d PROPERTY LOCATED • • AT 1645 ORANGE. ' ' u t +•� APPLICANT; ROBERT L.RDORIS LEJUENE t v n /�t ,x • • '9 + '� ,* 1/200 • i i Mi • i .s • i `, ar • t + i • `* b ' ;p9,y • �,P i t r A i • tt • 1 t i i t�• SUBJECT - Q a Easy EPS� p •o • , of 00 Ar + • ° • • • ' , N t • • f • • * a /i • a • T • • a • a • a • a ` • . a 3 • • AF • a a ov / • • $ EMMA Is w ~ At N Y _ I ! ` . • tt L /1 _ 'r M NO b 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 H-C (HISTORICAL-CULTURAL) OVERLAY ZONE FOR PROPERTY LOCATED AT 1645 ORANGE, 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 establishing an H-C (Historical-Cultural) overlay zone for property located at 1645 Orange, 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. 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 S. 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 day of 1984. Mayor - 2 - 7. February 24, 1984 Council Letter 353 Honorable Mayor and Members of City Council Subject: Amendment to Commercial Container Collection Franchises The City Council approved on December 6, 1983, franchises with three dif- ferent companies for the collection of containerized refuse in Beaumont. 'These franchises became effective on February 6, 1984, and all companies have complied with the current requirements outlined in the document. In several discussions with the franchise holders during the implementa- tion phase, it became apparent to the staff that certain requirements in the franchise could be modified with no weakening of the agreement. 'These recommended changes have been reviewed by the City Attorney. 'The modifications are as follows: Current Proposed 1. A 5-year, $500,000 1. Annual bond of performance bond $250,000 2. Hold Harmless Agreement, 2. Hold Harmless completely relieving the Agreement limited to City of Beaumont of lia- occurrence at City bility for damages to landfill franchisee's property resulting from City negli- gence anywhere in area. These proposed changes will require three separate readings prior to im- plementation. :[t is recommended that the amendments be adopted. f�sL n Karl Nollenberger City Manager ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FRANCHISE HERETOFORE GRANTED TO REM WASTE CONTROL, INC. , BROWNING FERRIS INDUSTRIES , INC. , AND WASTE EXPRESS, INC. , THE SAME BEING ORDINANCES 83-155, 83-156, and 83-157 WHICH GRANTED THE RIGHT TO OPERATE COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; TO AMEND THE BOND REQUIREMENT AND THE INDEMNITY AGREEMENT AND PROVIDING FOR SEVERABILITY. WHEREAS , by Ordinances 83-155, 83-156 , and 83-157 the City of Beaumont granted franchises to operate commercial closed container garbage collection service in the City of Beaumont to REM Waste Control, Inc. , Browning Ferris Industries , Inc. , and Waste Express , Inc. ; and, WHEREAS, the City desires to amend such franchises; NOW,O , THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: _ Section 1. That Section 5 as the same appears in Ordinances 83-155 , 83-156 and 83-157 heretofore passed by the City of Beaumont be, and the same is hereby amended to read as follows : Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indem- nify and save harmless the City, its officers, agents, employees , and any member of the public against any and all injuries , damages , r claims , causes of action or loss of compensation arising or resulting from Company' s operations at the City landfill under this franchise, whether or not such loss was caused by the negligence of the City , its agents, servants or employees. Upon notice given Company by City, Company must defend, at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company , its agents, servants or employees, and Company will pay all damages occurring to any person or property , public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1 ) Workers Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers compensation coverage as required by the State of Texas. 2 ) Automobile Liability Insurance The Company shall carry in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than $1 ,000 ,000 per occurrence for bodily injury anti, in addition, 2 - not less than $100,000 property damage. This policy shall name City as an additional insured and provide for thirty ( 30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3 ) General Liability The Company shall carry , in its own name , a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than $1 ,000 ,000 per occurrence for bodily injury , and $ 100,000 per occurrence for property damage. The policy shall name the City as a named insured and provide for thirty ( 30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. 3 - 4 ) Performance Bond The Company shall furnish a performance bond for the faithful performance of all provisions of this franchise, said performance bond to be executed by a responsible surety company authorized to do business in the State of Texas and be in the amount of $250 ,000. Said performance bond, payable to the City , shall be furnished by the Company and remain in force during the entire term of the franchise, and shall indemnify the City against any loss resulting from any failure of performance by the Company under this franchise. Said bond shall be approved by the City Attorney and filed with the City Clerk before the effective date of this franchise. Section 2. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the _ day of 1984. - 4 - PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of 1984 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1984 . - Mayor - 5 - 8. February 24, 1984 Council Letter 338 Honorable Mayor and Members of City Council Subject: Lease with Beaumont Art League The City of Beaumont and the Beaumont Art League have a lease agreement between the two parties in reference to the Art League's facility located on Fair Park property owned by the City of Beaumont. In January of 1983, the City Council and the Beaumont Art League entered into a new five-year lease agreement with provisions as outlined in the attached lease. Subsequent to that City Council approval , it was noticed that two pro- visions of the lease did not comply with existing practice of the City. For three years, the City has paid for the utility cost of the Beaumont Art League in a similar fashion as we have for the Beaumont Art Museum. To that end, a new sentence has been added in Paragraph 5, shown on Page 2, which indicates that "lessor agrees to pay all utility charges during the term of his lease and any extensions". In addition, the City self-insures the first $100,000 of its property casualty liability on City buildings -in order to maximize insurance savings while our commitment to the Art League indicated 100 percent insurance of their facility. As a result, Paragraph 7 on Page 3, has been amended to read "lessor agrees to carry fire and extended coverage insurance on all buildings on leased premises to the same extent as it insures other City buildings". With the changes noted above, the lease agreement between the City and the Beaumont Art League should be approved for a five-year term from February 28, 1984 through February 27, 1989. It is recommended City Council adopt the resolution which is attached to the Council letter. Karl Nollenberger City Manager KN:dj cc: Peggy Osborne, President Beaumont Art League THE STATE OF TEXAS § COUNTY OF JEFFERSON § THIS LEASE CONTRACT, dated the day of , 19 by and between the City of Beaumont, a municipal corporation of Jefferson County, Texas, acting herein by and through its duly authorized City Manager, hereinafter referred to as "Lessor", and The Beaumont Art League, a corporation of Jefferson County, Texas, acting herein by and through its legally constituted officers, hereinafter referred to as "Lessee"; W I T N E S S E T H• For and in consideration of the sum of One Dollar ($1.00) cash and the performance by Lessee of the covenants and conditions hereinafter recited, Lessor does by these presents lease, let and demise unto Lessee the following described property and improvements thereon, located within the City of Beaumont, Jefferson County, Texas, and being part of Fair Park, and more particularly described as follows: Being a tract of land out of the South Texas State Fair Grounds property in the James Drake Survey in the City of Beaumont, Jefferson County, Texas, and being more particularly described as follows: Beginning at a point lying sixty-seven and sixty- five hundredths feet (67.65' ) west of the west line of Gulf Street and three hundred sixty-one and thirty-five hundredths feet (361.35' ) north of the north line of Plum Avenue as both are now established in the City of Beaumont, said point being marked by a one-half inch (1/2") iron rod; Thence west two hundred two feet (202' ) to corner marked by a one-half inch (1/2") iron rod, said point being at the south edge of an existing concrete walk and being thirty feet (30' ) east of the easterly line projected of what is now known as the Agricultural Building; Thence south 00° 03' west along a line parallel with and thirty feet (30' ) east of the easterly line of said Agricultural Building ninety-six and sixty-five hundredths feet (96.65' ) to corner marked by a one-half inch ( 1/2") iron rod, said point being in line with the southerly line of said Agricultural Building projected eastward; Thence south 89° 54' east along the southerly line of said Agricultural Building projected eastward two hundred two feet (202' ) to corner marked by a one-half inch ( 1/2") iron rod; r Thence north 000 03' east ninety-seven feet (97' ) to the place of beginning; The above described tract contains 0.449 acres, more or less; for a term of five (5) years, beginning on the 1st day of January, 1983, and ending on the 31st day of December, 1987. 1. The premises leased hereunder shall be used by the Lessee for the purpose of advancing the arts and for such other further purposes as the Lessee desires in the furthering of fine arts. 2. Lessor reserves the right to park motor vehicles on the leased premises in connection with its use of Fair Park, providing that no parking shall be permitted within ten feet (10' ) of any building on said leased premises. 3. Lessor, its employees and agents, shall have the right at all times to go on or about the said premises for the purpose of inspecting same, or for any other legitimate purpose. 4. Lessee shall not make alterations, additions or improvements to the leased premises or buildings thereon, without. the prior written approval of the City Manager of Lessor and all such alterations, improvements and additions made by Lessee upon the leased premises shall remain upon the leased premises at the expiration of this lease and become the property of Lessor. 5. Lessee shall be responsible for any and all maintenance and repairs, either major or minor, that are necessary to the leased premises and Lessee agrees to keep the leased premises in a good state of repair throughout the term of this lease or any extension thereof. Lessor agrees to pay all utility charges during the term of this lease and any extensions. On the expiration of this lease, Lessee shall deliver the premises described herein and all improvements thereon, to Lessor in good condition. r - 2 - r 6. Lessee shall indemnify and save and keep harmless the Lessor from all liability, claims, damages, judgments, injuries, costs and expenses which may in any manner come against Lessor in consequence of or result from any operations that Lessee may conduct on the leased premises. Lessee agrees to carry public liability insurance on the leased premises in the sum of $50,000 for each person and $100,000 for each accident, and property damage liability insurance in the sum of $10,000 for each accident, the cost of said policies to be borne by said Lessee, and said policies shall name Lessor as a named insured as well as Lessee, and said policies or copies thereof shall be filed with the City Clerk of the City of Beaumont. 7. Lessor agrees to carry fire and extended coverage insurance on all buildings on leased premises to the same extent as it insures other city buildings. In the event the buildings, or any part thereof, shall at any time during the term hereof be destroyed by fire or other unavoidable casualty so as to be unfit for occupancy and use, and the insurance recovered by Lessor under its policies is not sufficient to rebuild and restore said buildings and improvements, or parts thereof, Lessor agrees to deposit the proceeds of the insurance policies in a special account so as to give Lessee an opportunity to raise the additional amount to replace and restore said buildings. If the amount of insurance recovered by Lessor is sufficient to replace said buildings, then Lessor agrees to restore same. 8. At the expiration of the term of this lease, Lessee may hold over on a month-to-month basis only under the same terms and conditions as set out in this lease. 9. This lease shall be for a term of five (5) years as aforesaid except for a twenty-nine (29) day period between the 20th day of September and the 10th day of November of each year of 3 - r this lease, during which period the Young Men's Business League of Beaumont, Texas, shall operate the South Texas State Fair, said twenty-nine (29) day period to be yearly designated by the Young Men's Business League of Beaumont; it being understood between the parties hereto that the leased premises shall be included in the lease between Lessor and Young Men's Business League of Beaumont, Texas, for a twenty-nine (29) day period each fall, for the purpose of the Young Men's Business League conducting the South Texas State Fair. During each such twenty-nine (29) day period, the Young Men's Business League of Beaumont shall use the said premises and buildings only for art museum purposes in keeping with the design and purposes for which said premises and buildings were intended. The Young Men's Business League shall notify Lessor herein in writing each year of its intended use of said premises and buildings, which said use must be approved by written consent of the City Manager of the City of Beaumont, which said approval and consent shall be given if said use is commensurate with the design and purposes of the said premises and the building of buildings, to be placed thereon. In the event the Beaumont Art League elects to remove any or all exhibits from public display during the said twenty-nine (29) day period, the Young Men's Business League shall allow storage space for the said exhibits in said art museum building and shall permit Lessee to furnish such guards for the said exhibits as are reasonably necessary to protect the said exhibits from damage or loss. The said Young Men's Business League of Beaumont shall proffer to the said Beaumont Art League each and every year of this lease for said twenty-nine (29) day period, a South Texas State Fair Exhibitor's Contract covering the said premises and building or buildings to be placed on the said premises, whereby the said Beaumont Art League shall become responsible for the placing therein of a suitable art exhibit for display at the said South Texas State Fair, provided that the said Beaumont Art League I 4 - shall have thirty (30) days after said proffer shall have been made to accept or reject the said offer, and in the event the said Beaumont Art League does not accept the said offer in writing within the said thirty (30) day period, then the said Young Men's Business League may let the said premises and buildings for said twenty-nine (29) day period of the year involved to such exhibitor as the said Young Men's Business League shall determine, subject to the use limitation and approval of the said uses by the City Manager of the City of Beaumont, as aforesaid. The substance of the provision of Paragraph 9 of this lease shall be incorporated into that certain lease contract entered into by and between Lessor herein and the said Young Men's Business League of Beaumont, Texas, covering the said South Texas State Fair Grounds and the said twenty-nine (29) day period. 10. This lease is made subject to all provisions of the City Charter of the City of Beaumont, Texas. EXECUTED in duplicate originals, this day of 19 CITY OF BEAUMONT, TEXAS BY: ATTEST: - City Manager - "LESSOR" - City Clerk - BEAUMONT ART LEAGUE BY: ATTEST: P Osborne, President "LESSEE" 5 - r A G aii_ li'A UTEM NO. R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to execute a five ( 5 ) year lease with the Beaumont Art Museum in the form attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 9. February 24, 1984 Council Letter 351 Honorable Mayor and Members of City Council Subject: Purchase of Uniforms for Fire Department On February 20, 1984, the City received bids from two vendors for the pur- chase of uniforms for the Fire Department. Bids were received as follows: Tyler Uniform Martin's Approx. Co. , Inc. Uniforms Quantity Item Tyler San Antonio 119 White Uniform Shirts $1,575.76 $1,529. 15 366 Blue Uniform Shirts 4,845.84 4,703.10 19 Officer Trousers 408.50 313.50 262 Uniform Trousers 2,947.50 3,668.00 We anticipate purchasing 485 shirts and 281 trousers. The low bidder on the shirts was Martin's Uniforms of San Antonio at $12.85 per shirt. Tyler Uniform Company was the low bidder on 262 pairs of uniform trousers for Fire Department personnel . In addition, on 19 pairs of trousers for Fire Depart- ment officers, Martin's Uniform was the apparent low bidder. However, the items that they bid did not meet specifications in that they bid a nine- ounce instead of an eleven-ounce cloth (hence, inferior quality) ; a plastic zipper was bid instead of the specified nylon zipper; and the color shade was incorrect. For this reason, it is appropriate to award these 19 pairs of officers ' trousers to Tyler Uniform Company. It is recommended that Council accept the bid of Martin's Uniform for 485 shirts, bid price of $6,232.25, and the bid of Tyler Uniform Company for 2'81 trousers, bid price of $3,356.00. Karl Nollenberger City Manager M R E S O L U T I O N WHEREAS, bids were received for the purchase of uniforms for the Fire Department; and, WHEREAS, the following bids were submitted: Martin' s Uniforms Item Quantity Amount Shirts 485 $ 6 ,232. 25 Tyler Uniform Co. , Inc. Item Quantity Amount Officers Trousers 19 408 .50 Uniform Trousers 262 $ 2 ,947.50 a nd, WHEREAS, the City Council is of the opinion that the bids submitted are the lowest and best bids and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids listed above in the amounts stated for the purchase of uniforms for the Fire Department are hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 11. February 24, 1984 Council Letter 347 (Honorable Mayor and Members of City Council Subject: Annual Contract for Petroleum Products 'The City of Beaumont purchases approximately $1,000,000 worth of fuels and lubricants annually. Up until a few years ago, the City was able to get a firm price bid from vendors for this year period. Since no vendor is bid- ding prices that will remain firm, we are recommending that the City award an estimated annual quantity of fuels and lubricants to the six local sup- pliers. The Purchasing Division will , whenever orders for fuels or lubri- cants are placed, contact each of these six vendors and place that particu- lar order, depending on price and availability of the product. We anticipate over the next 12 months to use approximately 450,000 gallons of unleaded gasoline; 500,000 gallons of regular gasoline; 100,000 gallons of diesel fuel ; 500,000 gallons of kerosene; 10,500 gallons of motor oil ; 4,000 gallons of automatic transmission fluid; 3,000 gallons of hydraulic 'lift oil ; 3,000 gallons of torque fluid; 25,000 pounds of gear lubricant; and 20,000 pounds of moly grease. It is currently estimated, at present prices, that purchase of these quanti- ties would total approximately $1,050,000. The vendors are as follows: Martin-Matthews, Beaumont Darby Oil , Port Arthur Sitton Oil , Beaumont Tri Con, Beaumont Derrick Oil Company, Port Arthur Mobil Oil , Beaumont It is recommended that Council award the authority to purchase from time-to- time these fuels and lubricants from the above-named vendors. Karl Nollenberger City Manager NO ICJ R E S O L U T I O N WHEREAS, bids were received for an annual contract for petroleum products; and, WHEREAS, Sitton Oil & Marine Co. , Inc. , Derrick Oil Company, Martin Matthews, Darby Oil Company, Tricon, Inc. , and Mobil Oil submitted bids for various petroleum products as shown on the bid tabulation which is attached hereto and made a part hereof for all purposes; and, WHEREAS, the City desires to award bids for an annual contract for petroleum products to all vendors based on price and availability at the time the petroleum product is needed by the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT : - THAT the bid submitted by Sitton Oil & Marine Co. , Inc. , Derrick Oil Company , Martin Matthews, Darby Oil Company , Tricon, Inc. , and Mobil Oil be and the same are hereby accepted by the City of Beaumont, and annual contracts for petroleum products are hereby awarded to such companies and orders for petroleum products will be placed based on availability and price at the time such products are needed by the City. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 12. February 24, 1984 Council Letter 352 Honorable Mayor and Members of City Council Subject: Demolition and Removal of Dangerous Structures On February 20, 1984, bids were received for the demolition and removal of dangerous structures. A summary of the bids received for the demolition and removal of each structure is attached. The apparent low bidder is as follows: Structure Bid Price Bidder 1.0545 Black Lane and storage building $2,000 Trax Enterprises 3436 Edmonds 400 Ace Clark Construction Co. 1550 Fulton 1,200 Ace Clark Construction Co. 2251 Liberty 3,495 Speedway Service Co. 2433 Neches 3,500 Ace Clark Construction Co. 1405 Wallace 800 Ace Clark Construction Co. These demolition contracts will be paid for from the Demolition and Removal line item of the Environmental Control operating budget. Trax Enterprises would receive a contract in the amount of $2,000; Speedway Service Company, one for $3,495; and Ace Clark Construction Company, a contract for $5,900. 'The total expense for demolition and removal of these structures is $11 ,395. It is recommended that Council authorize the award of bids to the above companies in the stated amounts. Karl Nollenberger City Manager BID REVIEW Environmental Control Date: February 20; 1984 Bid Opening Speedway Nicholls and Basha's Ace Clark Trax Contractors 1. Service Co. 2.Assocs Const. .3. Construction 4. Construction S. Enterprise; 10545 Black Ln 1 . & Storage Bldg $2,475.00 $2,449.00 -- $2,400.00 $2,000.00 2. 3436 Edmonds 848.00 2,055.00 $ 800.00 400.00 474.00 3. 1550 Fulton 1,995.00 -- 1,300.00 1,200.00 1,255.00 0 4J 4. 2251 Liberty 3,495 .00 -- -- 4,500.00 0 5,690.00 a 5. 2433 Neches 4,375.00 -- -- 3,500.00 6,000.00 6. 1405 Wallace 1,895.00 1,975.00 900.00 800.00 960.00 Recommendations: The Environmental Control Division is recommending that the contracts be awarded to the best and/or lowest bidders. (The 10545 Black Lane and Ster3ge b ..�ng prvjc,t L U iia.� L ILUrpi_15ebj L(te 3436 Edmonds, 1550 1-ulton, 2433 Neches and 1405 Wallace projects to Ace Clark Construction and the 2251 Liberty project to Speedway Service Co.) 9 - NO R E S O L U T I O N WHEREAS, bids were received for demolition of the following structures: Structures Amounts Contractors 10545 Black Lane and $ 2 ,000 Trax Enterprises storage building 3436 Edmonds 400 Ace Clark Construction Co. 1550 Fulton 1 ,200 Ace Clark Construction Co. 2251 Liberty 3 ,495 Speedway Service Co. 2433 Neches 3 ,500 Ace Clark Construction Co. 1405 Wallace 800 Ace Clark Construction Co. a nd, WHEREAS, the City Council is of the opinion that the bids submitted are the lowest and best bids and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT : THAT the bids listed above be accepted by the City of Beaumont and the City Manager is hereby authorized to make payment for same upon acceptable completion. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - CONSENT AGENDA FEBRUARY 28, 1984 * Approval of Minutes. a. A resolution making a committee appointment. b. A resolution approving a contract amendment for planning and consultant work on the Tyrrell Historical Library. c. A resolution authorizing purchase of rescue tool acces- sories for the Fire Department. d. A resolution authorizing purchase of a projection tele- vision screen for the Fire Department. e. A resolution authorizing execution of an agreement with Neches Title Company for title opinions and policies re- lated to the Highland Avenue Project. a. February 24, 1984 Council Letter 346 Honorable Mayor and Members of City Council :Subject: Reappointment to the Airport Advisory Committee 'the attached resolution would reappoint James Massey to the Airport Advisory Committee for a term expiring on May 31, 1985. It is recommended that this resolution be approved. Karl Nollenberger City Manager R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT James Massey be reappointed to the Airport Advisory Committee with a term expiring May 31 , 1985. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - b. February 24, 1984 Council Letter 350 Honorable Mayor and Members of City Council Subject: Contract Amendment for Planning and Consultant Work on Tyrrell Historical Library In 1979, the City entered into a contract with Bell , Klein and Hoffman, an Austin-based firm specializing in restoration projects, for a preservation plan covering the Tyrrell Historical Library. This original effort resulted -in the development of a plan for restoration of this facility which has been followed by the City. To date, some $370,000 has been expended in the ef- fort. Our most current estimate for the work remaining to be done is 51,700,000. Recently, some $69,211 was appropriated out of 1983 Community Development Block Grant funds for additional renovation work involving large art glass windows in the main reading room of the Library. Our original 1979 contract contained hourly rates for professional service of $30 per hour for the principals in the firm and $20 per hour for the associates. Some additional consultant work will be required 'in preparing specifications for this phase of the continuing renovation. We have con- tacted the Bell , Klein and Hoffman firm and they are willing to assist us in the effort under a fee schedule of $70 per hour for the principals and $50 per hour for the associates. We estimate that the work necessary can be accomplished in the range of 1.20 - 140 hours of work by the consultant. Because of this relatively small time frame, the increase, while large, is justified in this particular case. It is recommended that this resolution be approved. 1' k 'A a" " Karl Nollenberger City Manager Li3 �5 47laC( di R S 0 L U T i 0 N BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to amend the contract agreement between the City of Beaumont and Bell , Klein and Hoffman for consultant work on the Tyrrell Historical Library to provide for an increase in hourly rates for professional services of Seventy Dollars (S70) for principals and Fifty Dollars ($50) for associates. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - s C. February 24, 1984 Council Letter 349 Honorable Mayor and Members of City Council Subject: Purchase of Rescue Tool Accessories .Informal bids were received for a 36-inch and a 62-inch hydraulic rescue ram. These two rams are used on the Fire Department's Hurst Rescue Tool and greatly extend its usefulness. Bids were received as follows: Texas Fire Safety Fighters Engineering Model 30 Hydraulic Rescue Ram $1,146.07 $1,195.00 Model 60 Hydraulic Rescue Ram 1,259.16 1,300.00 Purchase of these two pieces of equipment will be made from the Fire Depart- ment 's operating budget. Texas Fire Fighters was the low bidder on both pieces of equipment and it is recommended that Council accept their bid for a total purchase of $2,405.23. k) Karl Nollenberger City Manager i R E S O L U T I O N WHEREAS, bids were received for the purchase of rescue +tools; and, WHEREAS, Texas Fire Fighters of New Braunfels , Texas :submitted the following bids : One ( 1 ) Model 30 Hydraulic Rescue Ram - $1 , 146 . 07 One ( 1 ) Model 60 Hydraulic Rescue Ram - 1 ,259 . 16 and, WHEREAS, the City Council is of the opinion that the bid submitted by Texas Fire Fighters is the lowest and best bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Texas Fire Fighters in the amounts listed above for the purchase of rescue tools are hereby accepted by the C:i ty of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 19 - Mayor - A d. February 24, 1984 Council Letter 348 Honorable Mayor and Members of City Council Subject: Purchase of 72" Projection Television Screen 'The City received bids for the purchase of a 72" projection television screen from four local vendors. The bids were: Vendor Brand Suburban TV Sony $1,950 Conn's General Electric 2,195 American Video Quasar 2,250 Wood's Curtis Mathes 2,795 'This unit will be used in fire fighting programs, fire safety/public education programs, and in conferences and seminars handled by the Fire Department. Purchase of this item will be funded from the Fire Department's operating bud- get. It is recommended that the bid of Suburban TV in the amount of $1,950 be approved. Karl Nollenberger City Manager s lii + ZkA N 0._ R E S O L U T I O N WHEREAS, bids were received for the purchase of a Projection TV - 72" screen; and, WHEREAS, Suburban TV of Beaumont, Texas submitted a bid in the amount of 51 ,950 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Suburban TV is the lowest and best bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Suburban TV in the amount of $1 ,950 for the purchase of a Projection TV - 72" screen is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the _ day of 1984. - Mayor - e. February 24, 1984 Council Letter 345 Honorable Mayor and Members of City Council Subject: Highland Avenue TIP Project At the Work Session of its February 7, 1983, meeting, City Council reviewed the planned Highland Avenue TIP Project. The project extends from Florida Avenue north to Alma, and includes widening of the roadway to 45 feet. Approximately 14 parcels of right-of-way will be needed for the Highland Avenue Project which will also provide protected left-turn lanes at two major intersections, Florida Avenue and Lavaca Street. Title opinions will be required to ascertain ownership and title policies will be required to insure legal title to the property acquired for right-of-way purposes. It i's estimated that the cost of these services will be approximately $2,500. With the exception of one parcel , the right-of-way required is approxi- mately five feet in width. One parcel , at Florida Avenue, widens to a width of 14-1/2 feet. No structures are anticipated to be involved. It is recommended that City Council approve a resolution authorizing the City Manager to execute an agreement with Neches Title Company for title opinions and policies related to the Highland Avenue Project. Karl Nollenberger City Manager w r r No R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT : 'CHAT the City Manager be, and he is hereby , authorized to enter into an agreement with Neches Title Company for title opinions and title policies related to the Highland Avenue T . I . P. Pro3ect in an amount not to exceed $ 2 , 500. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - WORK SESSION AGENDA FEBRUARY 28, 1984 CITY COUNCIL CHAMBERS 1. Report on Water Utilities Department operations including Water Distribution System report and proposed Sanitary Sewer System analysis. W/S February 24, 1984 1. Council Letter 337 Honorable Mayor and Members of City Council :Subject: Report on Water Utilities Department Operations Including Water Distribution System Report and Proposed Sanitary Sewer System Analysis As part of a continuing effort to keep Council advised of developments in various departments, a presentation will be made at the February 28th meeting covering the Water Utilities Department. This presentation will focus on two areas. These are: a proposed Master Plan for improvements to wastewater collection and treatment facilities and a completed Master Plan for Water Distribution. 'The intent of the proposed wastewater Master Plan will be to provide design standards for future development areas and to analyze and recommend im- provements to the City's wastewater collection and treatment facilities which were not a part of the City's ongoing Environmental Protection Agency grant funded renovation project. The reason that these improve- ments were not included in the ongoing project is that they were ineligible for grant funding with the main emphasis of the ongoing project being the elimination of the City's combined sewer system. In June of 1983, Freese and Nichols, Inc. , was authorized to proceed with an evaluation of the City of Beaumont's Water Distribution System. The pur- pose of this study was to develop a Master Plan capable of satisfying the projected demand conditions for the years 1990 and 2000. The scope of the study included the following principal elements. 1. Estimate of the population for 1980, 1981 and 1982. 2. Projection of the populations for 1990 and 2000 in co- ordination with the City Council and staff and distri- bution of the populations in a manner consistent with the land use information contained in the development informa- tion prepared by the City of Beaumont, dated 1982. 3. Collection and analysis of data on the characteristics of the existing high service pumping facilities and projec- tion of future pumping requirements. 4. Recommended size, location and scheduling of additional pumping facilities. 5. Collection of data on the characteristics of the existing ground and elevated storage facilities and projection of future storage requirements. Council Letter 337 February 24, 1984 Page 2 6. Inventory of the characteristics of the pipelines, ten inches in diameter and greater, including the lengths, ages, types of material and conditions where available from the City's records. 7. An analysis of the existing water distribution system for the 1982 maximum-hour demand conditions and preparation of records to permit use as a permanent existing system com- puter model . 8. Development of a Master Plan for the Water Distribution System capable of satisfying the projected year-1990 and year-2000 conditions. 9. Preparation of a six-year improvement program by years for 1984 through 1989 and eleven-year improvement program for 1990-2000 giving pipeline locations, length, diameter and estimated cost at time of installation. 10. Preparation of a draft report and reviewed with City staff. Made revisions based on comments received. The draft study was completed and reviewed December, 1983, and reviewed by staff in January for comments. The final report was received on Febuary 16, 1984, and is submitted for your consideration. A member of the consulting firm and the Water Utilities staff will be pleased to dis- cuss any questions relating to same. L),�_ �AL" Karl Nollenberger City Manager , .# t a CALENDAR Sunday, February 26 - Civic Center 12:00 Noon - Dedication of Joe Louis Bust 3:00 P.M. - The Carillon; Calder & Junker Ribbon Cutting Ceremonies (Suzanne Telage) * Monday, February 27 - French High School ** 10:30-11:30 A.M. - Political Forum - Government Class *** (Beverly Savoy) * 3:00 P.M. - Meeting Tuesday, February 28 - Council Chambers 1: 1.5 P.M. - Council Meeting, collowed by Work Session * Wednesday, February 29 - Austin Middle School 12: 10 P.M. - Speak to 7th Grade History Class (Ms. Kathy Roper) *** 1:25 P.M. - Washington, D.C. Leave for Downtown Retail Development Conference and National League of Cities Congressional/ Cities Conference * MAYOR ** COUNCILMAN COX *** COUNCILMAN MOORE **** COUNCILMAN DESHOTEL 4 , CALENDAR Page 2: ** Thursday, March 1 - Regiona Howell School 8: 1.5 A.M. - Speak to 4th Graders (2 accelerated classes) (Ms. Billie Rogers) * 10:30 A.M. - Highway Department Office; 8350 Hwy. 69 N. Policy Advisory Committee Meeting ** Fridays, March 2 - Washington, D.C. 8:50 A.M. - Leave for National League of Cities Congressional/ Cities Conference * 3:50 P.M. - Washington, D.C. Leave for National League of Cities Congressional/ Cities Conference **** Saturday, March 3 - Washington D.C. 1:25 P.M. - Leave for National League of Cities Congressional/ Cities Conference * Tuesday, March 6 - Return from Washington 6:30-8:30 P.M. - College Street Nursing Center Annual Mardi Gras Celebration (Diane Hidalgo, Social Activity Director) ** Wednesday, March 7 - Return from Washington **** * MAYOR ** COUNCILMAN COX *** COUNCILMAN MOORE **** COUNCILMAN DESHOTEL