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HomeMy WebLinkAboutPACKET MAR 27 1984 I I AGENDA REGULAR SESSION OF THE CITY COUNCIL MARCH 27, 1984 CITY COUNCIL CHAMBERS 1:15 P.M. k Invocation. k Pledge of Allegiance. Roll call . * Proclamations. * Consent Agenda. Public Hearing - Issuance of bonds for eye clinic and out-patient surgical center. 1. a. A resolution approving issuance by the Beaumont Health Facilities Development Corporation of up to $3,330,000 in bonds to finance an eye clinic for Beaumont Eye Associates. b. A resolution approving issuance by the Beaumont Health Facilities Development Corporation of up to $2,500,000 in bonds to finance the construction of an out-patient surgical center for Southeast Texas Surgical Center. Public Hearing - Recommendations for budget allocations for the 1984 Community Development Block Grant Final Statement of Objectives and Projected Use of Funds. 2. A resolution authorizing the City Manager to submit to the Department of Housing and Urban Development the 1984 Community Development Block Grant Final Statement of Objectives and Projected Use of Funds for $2,070,344. 3. An ordinance reconsidering a request for a zone change from RM-H (Residential Multiple Family-High Density) to NC (Neighborhood Com- mercial ) on property at 4312 and 4316 Treadway. 4. An ordinance changing the zoning from RS (Residential Single Family) to RM-H (Residential Multiple Family-High Density) on property at the northwest corner of Folsom Drive and Crow Road. 5. An ordinance changing the zoning from GC-MD (General Commercial- Multiple Dwelling) to LI (Light Industrial ) on property at 1180 South Fourth Street. Council Agenda March 27, 1984 Page 2 6. An ordinance changing the zoning from RS (Residential Single Family) to LI (Light Industrial ) on property 1,450 feet west of Langham Road, on the south side of Washington Boulevard. 7. An ordinance issuing a Specific Use Permit to establish a wholesale packaged meat business and warehouse at 725 Fourth Street. 8. A resolution authorizing the City Manager to execute an amendment to the City's medical insurance program. '9. A resolution awarding a contract for the construction of Phase I of the College Street TIP Project. 10. A resolution authorizing emergency purchase of a generator for the Civic Center. 11. A resolution authorizing execution of a license agreement with Scott Olive Baptist Church for use of a portion of the east Ewing Street right-of-way. 12. A resolution granting permission to conduct the Neches River Air Show at Beaumont Municipal Airport. Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. 1. March 23, 1984 a & b Council Letter 391 Honorable Mayor and Memebers of City Council Subject: Eye Clinic and Out-patient Surgical Center Notices have been given for a public hearing to be held by the City Council on March 27th concerning the proposed issuance by the Beaumont Health Facili- ties Development Corporation of up to $2,500,000 in bonds to finance con- struction of a freestanding, out-patient surgical center for Southeast Texas Surgical Center, and up to $3,330,000 in bonds to finance an eye clinic for Beaumont Eye Associates. Federal tax law requires that, even though they have been approved by the Beaumont Health Facilities Development Corporation, these projects must be approved by the City Council following a public hear- ing. The out-patient surgical center is expected to contain approximately 13,000 square feet and include four operating rooms, expandable to six operating rooms. The center will provide out-patient surgery at a lower cost than in-patient surgery. The eye clinic will contain approximately 19,000 square feet for the practice of opthomology by Beaumont Eye Associates. It is recommended that this resolution be approved. Karl Nollenberger City Manager AGE RTE NO— RESOLUTION APPROVING THE ISSUANCE OF BEAUMONT HEALTH FACILITIES DEVELOPMENT CORPORATION $3 ,330 , 000 HEALTH FACILITY DEVELOPMENT REVENUE BONDS , SERIES 1984 (THE EYE CLINIC HEALTH FACILITY) WHEREAS , by a duly adopted resolution of the City Council (the "Governing Body") of the City of Beaumont, Texas (the "Sponsoring Entity") , the Governing Body authorized and approved the creation of the Beaumont Health Facilities Development Corporation (the "Corporation") as a nonprofit corporation under the provisions of the Health Facilities Development Corporation Act , as amended, Art. 1528j of Vernon' s Annotated Texas Civil Statutes (the "Act") ; and WHEREAS , the Corporation on behalf of the Sponsoring Entity is empowered to finance certain costs associated with acquisition, construction, improvement , repair, renovation and remodeling of certain health facilities in order to improve the adequacy, cost and accessibility of health care, research and education within the State of Texas and to assist in the maintenance of the public health; and WHEREAS , the definition of "health facility" in the Act includes any real , - personal or mixed property, or any interest therein, the financing, refinancing, acquiring , providing, constructing, enlarging, remodeling, renovating, improvement , furnishing or equipping of which is found by the Board of Directors of the Corporation to be required, necessary or convenient for health care, research and education regardless of whether such property is in existence or is to be provided after the making of such finding; and WHEREAS , Southeast Texas Surgical Center (the "User") has made application for approval of a specific health facility to be constructed within the boundaries of the Sponsoring Entity and to consist , among other things , of the site and facilities described in the Health Facility Description attached hereto as Exhibit "A" (the "Health Facility") ; and WHEREAS , the Corporation desires to sell and to provide for the issuance and sale of its $3 ,330 , 000 Health Facility Development Revenue Bonds , Series 1984 (The Eye Clinic Health Facility) (the "Bonds") by adopting a __ I Resolution in a form to be prescribed by the Corporation (the "Resolution") ; and WHEREAS , Section 4 . 03 of the Act requires that at least fourteen (14) days prior to issuance of the Bonds , the Corporation shall file with the Governing Body of the Sponsoring Entity a full and complete description of the Health Facility, including an explanation of the projected costs of the Health Facility, the necessity for the Health Facility, and the name of the User; and WHEREAS , as a prerequisite to the exemption from federal income tax of interest on obligations issued pursuant to Section 103 (b) (6) of the Internal Revenue Code of 1954 , as amended (the "Code") , Section 103 (k) of the Code provides that such issue may be approved by the applicable elected representative of the governmental unit on whose behalf such obligations are issued and by each governmental jurisdiction over the area in which any facility to be financed from the proceeds of such issue is located (except that if more than one governmental unit has jurisdiction over the entire area in which such facility is located, only one governmental unit need approve the issue) , only after a public hearing has been held; and WHEREAS , the Sponsoring Entity is a "governmental unit" within the meaning of the Code; and WHEREAS , as the elected legislative body of the governmental unit within which the entire Health Facility is located, the Governing Body is an "applicable elected representative" of the governmental unit with specific authority within the meaning of Section 103 (k) of the Code ; and WHEREAS , the Health Facility is located entirely within the geographic jurisdiction of the Sponsoring Entity, thus necessitating only one public hearing and approval pursuant to Section 103(k) of the Code; and WHEREAS , in compliance with Section 103 (k) of the Code and the Open Meetings Law, as amended, Art. 6252-17 of Vernon' s Annotated Texas Civil Statutes , notice in writing of a public hearing to approve issuance of the Bonds has been published in a newspaper of general circulation in the Sponsoring Entity on March 3 , 10 , 17 and 24 , 1984 , and written notice has also been posted continuously at City Hall since March 23 , 1984 , and pursuant to such notice , the Governing Body has this day held a public hearing for the -2- purpose of considering the authorization and approval of the proposed Health Facility and the issuance of the Bonds ; and WHEREAS, this public hearing has been conducted in order to provide an opportunity for persons with differing views on both the authorization and issuance of the Bonds and the location and nature of the Health Facility to be heard, and in order to comply with Section 103(k) of the Code and the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS , THAT: Section 1 . The Governing Body hereby finds and determines t at the Health Facility proposed by the User conforms with the overall objectives , authorizations , and limitations specified in the Act. Section 2 . The Governing Body finds that the proposed Health Facility to be financed will significantly contribute to the fulfillment of the overall development objectives of the Sponsoring Entity, and that it is in furtherance of the public purposes of the Act to assist in the maintenance of the public health. Section 3 . The Governing Body hereby finds and determines that the -Corporation has filed and deposited with the Governing Body all of the information required by Section 4 . 03 of the Act , and on such basis hereby approves the Health Facility after having made the determinations and findings required by the Act. Section 4 . The issuance of thew Bonds and the form of Resolution to be adopted by the Corporation, pursuant to which the Bonds are to be sold and issued, are hereby approved by the Governing Body on behalf of the Sponsoring Entity as required by the Act and the Code. Section 5 . As a part of and within the scope of the approvals granted herein, the Governing Body hereby finds and determines that (i) the initial owner and user of the Health Facility is The Eye Clinic , a Texas general partnership , (ii) the maximum aggregate face amount of the Bonds to be issued with respect to the Health Facility is $3 ,330 , 000 and (iii) the Health Facility Description attached hereto as Exhibit "A" includes a general, functional description and a general description of the location of the Health Facility as required by the Code and the regulations promulgated thereunder. -3- Section 6 . This resolution is adopted for the purpose of satisfying the conditions and requirements of the Act. This resolution is also adopted for the purpose of satisfying the conditions and requirements of Section 103 of the Code , the regulations promulgated thereunder, and any requirements for a public hearing and approval by an elected official or legislature which may be imposed by applicable law prior to the issuance of the Bonds , and for the benefit of the Corporation, the Sponsoring Entity, the Governing Body, and the owners or holders from time to time of the obligations of the Corporation and all other interested persons . Section 7 . The Governing Body hereby finds and determines that the issuance of the Bonds to finance the Health Facility will accomplish the specific public purpose for which the Corporation was created. Section 8 . The approvals of the Governing Body as set forth erein shall be applicable only if, as and to the extent that the Bonds are issued not more than one year from the date hereof. Section 9. The Governing Body has considered evidence of the pub ication and posting of notice of this meeting and public hearing and officially finds , determines , recites , and declares that sufficient written and reasonable public notice of the date, hour and place of this meeting and public hearing and of the subject matter of this resolution, including the general , functional description of the Health Facility and the general description of its location, was published in a newspaper of general circulation in the Sponsoring Entity not less than fourteen (14) days prior to this meeting and public hearing, and thereafter weekly, and was also posted on a bulletin board at a place convenient to the public in the City Hall of the Governmental Unit (within the meaning of Section 103 of the Code) not less than seventy-two (72) hours preceding the convening of this meeting and public hearing; that such place of posting was readily accessible to the general public at all times from the time of posting until the convening of such meeting and public hearing; that such meeting and public hearing were open to the public as required by law at all times during which this resolution and the subject matter hereof were discussed, considered, and formally acted upon; that the giving of notice in the manner provided above was reasonably designed to apprise residents of the Sponsoring Entity of the proposed authorization and issuance of the Bonds and approval of the Health Facility; that the meeting and public -4- hearing were conducted in a manner that provided a reasonable opportunity for persons with differing views on the issuance of the Bonds and the nature and location of the Health Facility to be heard; and that this meeting and public hearing were held at a time and place convenient for persons affected by the financing of the Health Facility and issuance of the Bonds ; and that the foregoing notice and hearing complied with the Open Meeting Law, as amended, Art. 6252-17 of Vernon' s Annotated Texas Civil Statutes , and Section 103 (k) of the Code and the regulations thereunder. PASSED AND APPROVED this 27th day of March, 1984 . I Mayor, City of Beaumont, Texas Exhibit "A" - Health Facility Description -5- EXHIBIT "A" Health Facility The Health Facility to be financed with the proceeds of the Bonds will involve (i) acquisition, construction and improvement of a free-standing eye clinic for the practice of ophthalmology which will consist of approximately 23 , 400 square feet , (ii) acquisition of a site for the Health Facility, and (iii) acquisition, construction and installation of various items of equipment , facilities and furnishings which are functionally related and subordinate to the foregoing. Site of Health Facility All or part of those certain tracts or parcels of land located within an area bounded by Milam Street to the South, College Street to the North, and Eighth Street to the West , in the City of Beaumont , Jefferson County, Texas , and consisting of two (2) tracts of land more particularly described as follows , to wit : TRACT ONE: BEING a 6 . 00725 acre tract of land (261, 676 square feet) out of the David Brown Survey, Abstract 5 , Beaumont , Jefferson County, Texas , and being Lots 67 and 68 of the College Acres Addition, plat of which is recorded in Volume 5 , Page 34 , Map Records , Jefferson County, Texas , and being out of the easterly portion of Block 31 of the Columbus Cartwright Subdivision No. 1 , plat of which is recorded in Volume 1 , Page 112 , Map Records , Jefferson County, Texas , the said 6 . 00725 acre tract of land being described by metes and bounds as follows : BEGINNING at an iron pin which marks the northwest corner of Lot 67 and the northeast corner of Lot 66 of the said College Acres Addition, the said Beginning Corner being in the south right of way line of College Street , and being the northeast corner of a 11. 79 acre tract of land heretofore conveyed by Clark-Beaumont Development Company to the Life Insurance Company of Virginia as recorded in Volume 1594 , Page 306 , Deed Records , Jefferson County, Texas ; THENCE North 89 deg. 51 min. 38 sec. East along the south right of way line of College Street and along the north line of Lots 67 and 68 a distance of 200 . 06 feet to an iron pin for corner at the northeast corner of Lot 68 and the northwest corner of Lot 69 of said College Acres Addition; THENCE South 00 deg. 12 min. 26 sec. East along the common line between Lots 68 and 69 a distance of 350 . 81 feet to an iron pipe for corner at the Southeast corner of Lot 68 and the southwest corner of Lot 69 and the north line of Block 31 of the said Columbus Cartwright Subdivision No. 1; THENCE North 89 deg. 43 min. 12 sec. East along the south line of Lot 69 of College Acres Addition and the north line of Block 31 of the Columbus Cartwright Subdivision No. 1 a distance of 119 . 20 feet to an iron rod for corner at the northeast corner of the said Block 31 of the Columbus Cartwright Subdivision No . 1 and the southeast corner of Lot 69 of the College Acres Addition in the west right of way line of a 60 foot wide unnamed and undeveloped street right of way; THENCE South 00 deg. 09 min. 51 sec. East along the east line of Block 31 of the Columbus Cartwright Subdivision No. 1 and the west line of the said 60 foot street right of way a distance of 467. 38 feet to an iron pipe for corner at the southeast corner of said Block 31 and the north right of way line of Milam Street; THENCE South 89 deg. 54 min. 10 sec . West along the south line of said Block 31 of the Columbus Cartwright Subdivision No. 1 and the north right of way line of Milam Street a distance of 470 . 00 feet to an iron pipe for corner at the most southerly southeast corner of the aforementioned Life Insurance Company of Virginia 11. 79 acre tract of land; THENCE North 00 deg. 03 min. 35 sec . West along the southern portion of the east line of the said 11. 79 acre tract, and along the east face of the K-Mart Building a distance of 280 . 00 feet to a mark in the concrete sidewalk near the northeast corner of the said building at an internal corner in the said 11. 79 acre tract; -2- THENCE North 87 deg. 07 min. 58 sec. East continu- ing along the easterly portion of the south line of the said 11. 79 acre tract a distance of 151.58 feet to an iron pipe for corner at a second internal corner in the east line of the 11. 79 acre tract of land near the southeast corner of the K-Mart Store asphalt parking lot; THENCE North 00 deg. 19 min. 11 sec. West continu- ing along the northerly portion of the east line of the said 11 . 79 acre tract of land just east of the K-Mart Store asphalt parking lot a distance of 530 . 34 feet to the PLACE OF BEGINNING. TRACT TWO Being a tract of land out of the David Brown Survey, Abstract 5 , Beaumont , Jefferson County , Texas , and being all or a portion of Lots 65 and 66 of the College Acres Addition , plat of which is recorded in Volume 5 , Page 34 , Map Records , Jefferson County, Texas , and being out of the easterly portion of Block 31 of the Columbus Cartwright Subdivision No. 1 , plat of which is recorded in Volume 1 , Page 112 , Map Records , Jefferson County, Texas . i -3- AGE Dj RT NO- RESOLUTION APPROVING THE ISSUANCE OF BEAUMONT HEALTH FACILITIES DEVELOPMENT CORPORATION $2 ,500 , 000 HEALTH FACILITY DEVELOPMENT REVENUE BONDS , SERIES 1984 (SOUTHEAST TEXAS SURGICAL CENTER HEALTH FACILITY) WHEREAS , by a duly adopted resolution of the City Council (the "Governing Body" ) of the City of Beaumont , Texas (the "Sponsoring Entity") , the Governing Body authorized and approved the creation of the Beaumont Health Facilities Development Corporation (the "Corporation") as a nonprofit corporation under the provisions of the Health Facilities Development Corporation Act , as amended, Art. 1528] of Vernon' s Annotated Texas Civil Statutes (the "Act") ; and WHEREAS , the Corporation on behalf of the Sponsoring Entity is empowered to finance certain costs associated with acquisition, construction, improvement, repair, renovation and remodeling of certain health facilities in order to improve the adequacy, cost and accessibility of health care , research and education within the State of Texas and to assist in the maintenance of the public health; and WHEREAS , the definition of "health facility" in the Act includes any real , personal or mixed property, or any interest therein, the financing, refinancing , acquiring, providing, constructing, enlarging , remodeling, renovating, improvement , furnishing or equipping of which is found by the Board of Directors of the Corporation to be required, necessary or convenient for health care , research and education regardless of whether such property is in existence or is to be provided after the making of such finding; and WHEREAS , Southeast Texas Surgical Center (the "User") has made application for approval of a specific health facility to be constructed within the boundaries of the Sponsoring Entity and to consist , among other things , of the site and facilities described in the Health Facility Description attached hereto as Exhibit "A" (the "Health Facility") ; and WHEREAS , the Corporation desires to sell and to provide for the issuance and sale of its $2 , 500 , 000 Health Facility Development Revenue Bonds , Series 1984 (Southeast Texas Surgical Center Health Facility) (the "Bonds") by adopting a Resolution in a form to be prescribed by the Corporation (the "Resolution") ; and WHEREAS, Section 4 . 03 of the Act requires that at least fourteen (14) days prior to issuance of the Bonds , the Corporation shall file with the Governing Body of the Sponsoring Entity a full and complete description of the Health Facility, including an explanation of the projected costs of the Health Facility, the necessity for the Health Facility, and the name of the User; and I WHEREAS , as a prerequisite to the exemption from federal income tax of interest on obligations issued pursuant to Section 103 (b) (6) of the Internal Revenue Code of 1954 , as amended (the "Code") , Section 103 (k) of the Code provides that such issue may be approved by the applicable elected representative of the governmental unit on whose behalf such obligations are issued and by each governmental jurisdiction over the area in which any facility to be financed from the proceeds of such issue is located (except that if more than one governmental unit has jurisdiction over the entire area in which such facility is located, only one governmental unit need approve the issue) , only after a public hearing has been held; and WHEREAS , the Sponsoring Entity is a "governmental unit" within the meaning of the Code ; and WHEREAS , as the elected legislative body of the governmental unit within which the entire Health Facility is located, the Governing Body is an "applicable elected representative" of the governmental unit with specific authority within the meaning of Section 103 (k) of the Code; and WHEREAS , the Health Facility is located entirely within the geographic jurisdiction of the Sponsoring Entity, thus necessitating only one public hearing and approval pursuant to Section 103 (k) of the Code; and WHEREAS , in compliance with Section 103 (k) of the Code and the Open Meetings Law, as amended, Art. 6252-17 of Vernon' s Annotated Texas Civil Statutes , notice in writing of a public hearing to approve issuance of the Bonds has been published in a newspaper of general circulation in the Sponsoring Entity on March 3 , 10 , 17 and 24 , 1984 , and written notice has also been posted continuously at City Hall since March 23 , 1984 , and pursuant to such notice , the Governing Body has this day held a public hearing for the -2- purpose of considering the authorization and approval of the proposed Health Facility and the issuance of the Bonds ; and WHEREAS , this public hearing has been conducted in order to provide an opportunity for persons with differing views on both the authorization and issuance of the Bonds and the location and nature of the Health Facility to be heard, and in order to comply with Section 103(k) of the Code and the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS , THAT: Section 1 . The Governing Body hereby finds and determines t -at the Health Facility proposed by the User conforms with the overall objectives , authorizations , and limitations specified in the Act. Section 2 . The Governing Body finds that the proposed Health Facility to be financed will significantly contribute to the fulfillment of the overall development objectives of the Sponsoring Entity, and that it is in furtherance of the public purposes of the Act to assist in the maintenance of the public health. Section 3 . The Governing Body hereby finds and determines t at the Corporation has filed and deposited with the Governing Body all of the information required by Section 4 . 03 of the Act , and on such basis hereby approves the Health Facility after having made the determinations and findings required by the Act. Section 4 . The issuance of the Bonds and the form of Resolution to be adopted by the Corporation, pursuant to which the Bonds are to be sold and issued, are hereby approved by the Governing Body on behalf of the Sponsoring Entity as required by the Act and the Code. Section 5 . As a part of and within the scope of the approvals granted herein, the Governing Body hereby finds and determines that (i) the initial owner and user of the Health Facility is Southeast Texas Surgical Center, a Texas general partnership , (ii) the maximum aggregate face amount of the Bonds to be issued with respect to the Health Facility is $2 ,500 , 000 and (iii) the Health Facility Description attached hereto as Exhibit "A" includes a general , functional description and a general description of the location of the Health Facility as required by the Code and the regulations promulgated thereunder. -3- Section 6 . This resolution is adopted for the purpose of satisfying— the conditions and requirements of the Act. This resolution is also adopted for the purpose of satisfying the conditions and requirements of Section 103 of the Code , the regulations promulgated thereunder , and any requirements for a public hearing and approval by an elected official or legislature which may be imposed by applicable law prior to the issuance of the Bonds , and for the benefit of the Corporation, the Sponsoring Entity, the Governing Body, and the owners or holders from time to time of the obligations of the Corporation and all other interested persons . Section 7 . The Governing Body hereby finds and determines t at the issuance of the Bonds to finance the Health Facility will accomplish the specific public purpose for which the Corporation was created. Section 8 . The approvals of the Governing Body as set forth herein shall be applicable only if, as and to the extent that the Bonds are issued not more than one year from the date hereof. Section 9 . The Governing Body has considered evidence of the publ tion and posting of notice of this meeting and public hearing and officially finds , determines , recites , and declares that sufficient written and reasonable public notice of the date , hour and place of this meeting and public hearing and of the subject matter of this resolution, including the general , functional description of the Health Facility and the general description of its location, was published in a newspaper of general circulation in the Sponsoring Entity not less than fourteen (14) days prior to this meeting and public hearing, and thereafter weekly, and was also posted on a bulletin board at a place convenient to the public in the City Hall of the Governmental Unit (within the meaning of Section 103 of the Code) not less than seventy-two (72) hours preceding the convening of this meeting and public hearing; that such place of posting was readily accessible to the general public at all times from the time of posting until the convening of such meeting and public hearing; that such meeting and public hearing were open to the public as required by law at all times during which this resolution and the subject matter hereof were discussed, considered, and formally acted upon; that the giving of notice in the manner provided above was reasonably designed to apprise residents of the Sponsoring Entity of the proposed authorization and issuance of the Bonds and approval of the Health Facility; that the meeting and public -4- hearing were conducted in a manner that provided a reasonable opportunity for persons with differing views on the issuance of the Bonds and the nature and location of the Health Facility to be heard; and that this meeting and public hearing were held at a time and place convenient for persons affected by the financing of the Health Facility and issuance of the Bonds ; and that the foregoing notice and hearing complied with the Open Meeting Law, as amended, Art. 6252-17 of Vernon' s Annotated Texas Civil Statutes , and Section 103 (k) of the Code and the regulations thereunder. PASSED AND APPROVED this 27th day of March, 1984 . Mayor, City of Beaumont , Texas Exhibit "A" - Health Facility Description -5- EXHIBIT "A" Health Facility The Health Facility to be financed with the proceeds of the Bonds will involve (i) acquisition, construction and improvement of a free-standing outpatient ambulatory surgery center which will consist of approximately 12 , 055 square feet and which will contain 4 operating rooms and an area for expansion into 2 additional operating rooms , (ii) acquisition of a site for the Health Facility, and (iii) acquisition, construction and installation of various items of equipment, facilities and furnishings which are func- tionally related and subordinate to the foregoing. Site of Health Facility All or part of those certain tracts or parcels of land located within an area bounded by Milam Street to the South, College Street to the North, and Eighth Street to the West , in the City of Beaumont , Jefferson County, Texas , and consisting of two (2) tracts of land more particularly described as follows , to wit: TRACT ONE: BEING a 6 . 00725 acre tract of land (261 , 676 square feet) out of the David Brown Survey, Abstract 5 , Beaumont , Jefferson County, Texas , and being Lots 67 and 68 of the College Acres Addition, plat of which is recorded in Volume 5 , Page 34 , Map Records , Jefferson County, Texas , and being out of the easterly portion of Block 31 of the Columbus Cartwright Subdivision No. 1 , plat of which is recorded in Volume 1 , Page 112 , Map Records , Jefferson County, Texas , the said 6 . 00725 acre tract of land being described by metes and bounds as follows : BEGINNING at an iron pin which marks the northwest corner of Lot 67 and the northeast corner of Lot 66 of the said College Acres Addition, the said Beginning Corner being in the south right of way line of College Street , and being the northeast corner of a 11. 79 acre tract of land heretofore conveyed by Clark-Beaumont Development Company to the Life Insurance Company of Virginia as recorded in Volume 1594 , Page 306 , Deed Records , Jefferson County, Texas ; THENCE North 89 deg. 51 min. 38 sec. East along the south right of way line of College Street and along the north line of Lots 67 and 68 a distance of 200 . 06 feet to an iron pin for corner at the northeast corner of Lot 68 and the northwest corner of Lot 69 of said College Acres Addition; THENCE South 00 deg. 12 min. 26 sec. East along the common line between Lots 68 and 69 a distance of 350 . 81 feet to an iron pipe for corner at the Southeast corner of Lot 68 and the southwest corner of Lot 69 and the north line of Block 31 of the said Columbus Cartwright Subdivision No. 1; THENCE North 89 deg. 43 min. 12 sec. East along the south line of Lot 69 of College Acres Addition and the north line of Block 31 of the Columbus Cartwright Subdivision No. 1 a distance of 119 . 20 feet to an iron rod for corner at the northeast corner of the said Block 31 of the Columbus Cartwright Subdivision No. 1 and the southeast corner of Lot 69 of the College Acres Addition in the west right of way line of a 60 foot wide unnamed and undeveloped street right of way; THENCE South 00 deg. 09 min. 51 sec. East along the east line of Block 31 of the Columbus Cartwright Subdivision No . 1 and the west line of the said 60 foot street right of way a distance of 467 . 38 feet to an iron pipe for corner at the southeast corner of said Block 31 and the north right of way line of Milam Street; K THENCE South 89 deg. 54 min. 10 sec. West along the south line of said Block 31 of the Columbus Cartwright Subdivision No. 1 and the north right of way line of Milam Street a distance of 470 . 00 feet to an iron pipe for corner at the most southerly southeast corner of the aforementioned Life Insurance Company of Virginia 11. 79 acre tract of land; THENCE North 00 deg . 03 min. 35 sec. West along the southern portion of the east line of the said 11. 79 acre tract, and along the east face of the K-Mart Building a distance of 280 . 00 feet to a mark in the concrete sidewalk near the northeast corner of the said building at an internal corner in the said 11. 79 acre tract ; -2- THENCE North 87 deg. 07 min. 58 sec. East continu- ing along the easterly portion of the south line of the said 11. 79 acre tract a distance of 151. 58 feet to an iron pipe for corner at a second internal corner in the east line of the 11. 79 acre tract of land near the southeast corner of the K-Mart Store asphalt parking lot; THENCE North 00 deg. 19*min. 11 sec. West continu- ing along the northerly portion of the east line of the said 11. 79 acre tract of land just east of the K-Mart Store asphalt parking lot a distance of 530 . 34 feet to the PLACE OF BEGINNING. TRACT TWO Being a tract of land out of the David Brown Survey, Abstract 5 , Beaumont , Jefferson County , Texas , and being all or a portion of Lots 65 and 66 of the College Acres Addition, plat of which is recorded in Volume 5 , Page 34 , Map Records , Jefferson County, Texas , and being out of the easterly portion of Block 31 of the Columbus Cartwright Subdivision No. 1 , plat of which is recorded in Volume 1 , Page 112 , Map Records , Jefferson County , Texas . I -3- 2. March 23, 1984 Council Letter 404 Honorable Mayor and Members of City Council Subject: Public Hearing and Resolution to Review Recommendations for Budget Allocations for 1984 Community Development Block Grant Final State- ment of Objectives and Projected Use of Funds A public hearing will be held Tuesday on the proposed budget allocations for the 1984 Community Development Block Grant Final Statement of Objectives and Projected Use of Funds. The Citizens Advisory Committee voted 11 to 1 in favor of the budget allocations for the 1984 CDBG Statement. The proposed allocations by projects are: Council Projects Recommendations Rehab Loans and Grants $ 770,000 Code Enforcement 30,000 Neighborhood Housing Service 70,000 Social Service Facility Rehab 100,000 Historic Preservation Revolving Loan Fund 87,250 Innovative Housing Development Corporation/Economic Development 154,344 Street Rehabilitation 251,600 Sidewalk Improvements 119,600 Parks Improvements 115,750 Public Services -0- Fire Department/Smoke Detectors -0- New Construction of City-Owned Facility 97,000 Neighborhood Housing Service/Administration 30,000 Community Development Block Grant Administration 154,000 Planning and Management 58,000 Contingencies 32,800 $2,070,344 The CAC amended their recommendation from the original proposal to the above at their March 22nd meeting. Council Letter 404 March 23, 1984 Page 2 Staff will be prepared to answer questions or respond to inquires during the public hearing. All recommended amounts are the same as was discussed in last week's Work Session. It should be noted that the total of $2,070,344 includes $85,000 in program income from the Housing Rehabilitation Loan Pro- gram and $184,344 reprogrammed from previous budget years. It is recommended that Council authorize the submission of the Community Development Block Grant Fund Statement of Objectives and Projected Use of Funds to the Department of Housing and Urban Development. Karl Nollenberger City Manager COMMUNITY DEVELOPMENT BLOCK GRANT • • ♦ J 1984 FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS B-84-MC-48-0003 COMMUNITY DEVELOPMENT BLOCK GRANT FINAL STATEMENT OF PROJECTED USE OF FUNDS FOR 1984 PROGRAM YEAR SUMMARY SHEET AMOUNT PRIOR YEAR CAC TOTAL COUNCIL PROJECTS REQUESTED CARRY OVER RECOMMENDATION ALLOCATION RECOMMENDATION Rehab Loans & Grants $935,000 $165,000 $770,000 $935,000 $770,000 Code Enforcement 30,000 - 0 - 30,000 30,000 30,000 Neighborhood Housing Service 235,000 - 0 - 100,000 100,000 70,000 Social Service Facility Rehab 185,000 - 0 - 100,000 100,000 100,000 : Historic Preservation Revolving 911,400 - 0 - 87,250 87,250 87,250 Loan Fund Innovative Housing Development 500,000 - 0 - 154,344 154,344 154,344 Corporation/Economic Development Street Rehabilitation 251 ,600 - 0 - 240,000 240,000 251,6Q0 Sidewalk Improvements 119,600 - 0 - 5 114,000 114,000 119,600 Park Improvements 186,300 - 0 - 115,750 115,750 115,750 ! . Public Services 260,000 - 0 - - 0 - - 0 - _ 0 Fire Department/Smoke Detectors 52,785 - 0 - _ 0 _ _ 0 _ 0 Summary Sheet Page 2 AMOUNT PRIOR YEAR CAC TOTAL - COUNCIL PROJECTS REQUESTED CARRY OVER RECOMMENDATION ALLOCATION RECOMMENDATION' New Construction of City $ 97,395 - 0 - $ 97,000 $ 97,000 $ 97,000 Owned Facility Neighborhood Housing Service/ 30,000 - 0 - - 0 - 30,000 30,000 Administration Community Development Block 200,000 $ 46,000 154,000 200,000 154,000 Grant Administration r 3 Planning & Management 70,000 12,000 58,000 70,000 5$,000 Contingencies 50,000 - 0 - 50,000 50,000 32,800 ' TOTAL $4,084,080 $223,000 $2,070,344 $2,293,344 $2,070,344 NOTE: Funds available include 1984 CDBG Entitlement Grant $1,801,000, $85,000 program income from the Housing Rehabilitation Loan Program and $184,344 reprogrammed funds from previous program years ( 1980-83) . PROPOSED PROJECTS 1984 CDBG STATEMENT PROJECTS COUNCIL APPROVED PROJECT PROPOSED & DESCRIPTION FUNDING The following projects are proposed: Rehabilitation A. Rehabilitation Loans - Funds will ;$770,000 Loan & Grant be used for ongoing residential Program rehabilitation. Funds to provide for approximately 50 rehab loans at $15,000 per loan. B. Rehabilitation Administration - Funds will be used for support staff of the rehab program for one year. Administration costs will not exceed 15% of the entire rehab budget. C. Rehabilitation Grants - In addition, $100,000 is requested for the purpose of making rehab grants to assist persons who do not qualify for a rehab loan because the cost of the renovations exceed the loan limits. The amenities having the most severe affect to the occupant:<s health, safety, or general welfare will receive priority. The maximum grant amount will be $10,000. D. Also, approximately $99,000 will be available for the Section 312 Program, which includes Single Family, Multi-family, and Non-residential Commercial rehabilitation is eligible. Code, Enforcement Funds are proposed to support staff involved $ 30,000 in enforcing the minimum housing code in the Community Development Strategy Area. Neighborhood Housing Service The purpose of this project is to allocate $ '70 000 (NHS) funds to support a revolving loan fund for the NHS Neighborhood. The NHS revolving loan fund will make loans to residents within the neighborhood who can' t meet normal commercial credit requirements , and approx- mately 8 loans will be made out of these funds. Proposed Projects 1984 CDBG Statements Page 2 COUNCIL APPROVED PROJECTS PROJECT PROPOSED & DESCRIPTION FUNDING Social Service To provide grants to social service $100,000 Facility Rehab agencies that serve low and moderate income persons and families , to enable them to rehabilitate their facility. Agencies will be requested to provide proposals for rehabilitation projects to the City. Those that meet all criteria will be selected by City Council . Agencies participating must be non-profit corporations , serve primarily low and moderate income people, show evidence that they can 't get funding elsewhere and have long range plans to maintain the facility after it is rehabilitated. Historic Preservation Loans or Grants ' To provide funds for loans or grants as a $ 87,250 means to maintain Beaumont's past and cultural heritage by rehabilitation of historic properties. National Register properties, historic properties included in Beaumont's Downtown Commercial Historic District and Historic Cultural District designation are eligible properties Proposals for projects will be requested by the City, administered by the Beaumont Historical Landmark Commission. Those properties that meet all criteria will be selected by City Council . E 1nomi c Development Activities The funds will be used for construction $154,344' - of new housing units. The funds will be used to enable up to 12 families with low or moderate income to have an opportunity to own their own homes. The Community Development funds will be used to buy down interest rates or any other eligible subsidy assistance. Up to 6 units are proposed to be built in the Community Development Strategy Area and up to $15,000 per unit will be used for those structures that are built in the strategy area. Another 6 units are proposed to be built outside of the Community Development Proposed Projects 1984 CDBG Statements Page 3 COUNCIL APPROVED PROJECTS PROJECTS PROPOSED & DESCRIPTION FUNDING Strategy Area. Up to $9,500 will be used for each unit that is built outside of the strategy area. In addition, for every unit built outside of the strategy area the developer or contractor must build a unit inside the Community Development Strategy Area. The Innovative Housing Development Corporation, a non-private, non-profit P p non- corporation incorporated in the State of Texas , will administer the program. Street Improvements Funds to be used to re-surface the most $2511600 ' deteriorated streets in the CDBG Strategy Area, Cost include construction, 1 for testing, and engineering. Sidewalk Improvements Funds to be used to install new, concrete $119,600 ' sidewalks, at four locations, primarily servina school children in the CDBG Strategy Area. Cost include construction, 1°' for testing, and engineering. Park Improvements Low/Moderate The funds will be used for park improvements $115,750 Income Area in the Community Development Strategy Area at the following locations : Sprott Park Improvements include landscaping, grading, and installation of topsoil . Carroll Street Park Improvements include landscaping, grading, installation of topsoil , a new drinking fountain and a new roof on the community center. Proposed Projects 1984 CDBG Statements Page 4 COUNCIL APPROVED PROJECTS PROJECTS PROPOSED & DESCRIPTION FUNDING New Construction Funds to be used for new construction $ ;97,000 of City Owned of an additional wing onto the Beaumont Facility Health Clinic. The new wing would result in additional office space which would allow for other Public Services to the indigent, such as nutritional and educational services to woman, infants, and children. Nei( hborhood Housing The Neighborhood Housing Service of Services/ Beaumont is a private, locally controlled, Administration non-profit corporation. This program will offer comprehensive rehabilitation and financial services to community residents. The revolving loan fund will make loans to residents within the targeted neighborhood who can ' t meet commercial credit requirements. The funds will be used to support the administrative cost which will include contractural services, such as audits , and legal fees; rental , utilities, office furniture, equipment, supplies, and travel expenses. Also, these funds will provide for salaries and benefits for an administrative aide and a secretary. "s Administration Funds will provide for ongoing general $154 DOp program administration, which includes maintaining financial records and program files, preparing statements, all necessary reports , audits, coordinating all activities funded under CDBG; also provides for salaries, benefits , and operating expenses for three planners , a secretary, and an accountant. Proposed Projects 1584 CDBG Statements Page 5 PROJECTS PROJECTS PROPOSED & DESCRIPTION COUNCIL APPROVED FUNDING Planning & Management _ 1) Funds to be used for salaries and benefits for the continued employment of a neigh- 58,000 borhood planner. The neighborhood planner 's responsibilities will be to continue i to ue producing neighborhood conservation and redevelopment plans for the Community Development Strategy Area. 2) Funds to be used for a market study analysis of the downtown area. 3) Funds to be used to continue professional services to provide project financial packaging for the downtown area. The services will be provided on a per diem basis. Contingences It has been staff's experience in the past that additional monies are needed for public work projects due to the fact that the requests are cost estimates prior to receiving bids for the construction phase. CERTIFICATIONS The grantee certifies that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement and all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required; (c) Prior to submission of its final statement to HUD, the grantee has: (1) met the citizen participation requirements of S 570.301(a)(2) and has provided citizens with: (A) the estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and (B) its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (2) prepared its final statement of community development objectives and projected use of funds in accordance with S 570.301(aX3) and made the final statement available to the public; (d) The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d et seq.); and (2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601 et seq.?, (e) It will affirmatively further fair housing; February 1984 M It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the final statement of projected use of funds may also include activities which the grantee certifies are designee to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); except that the aggregate use of CDBG funds received under section 106 of the Act and, if applicable, under section 108 of the Act, during (a period specified by the grantee consisting of 1, 2, or 3 program years), -shall principally benefit persons of low and moderate income in a manner that ensures that not less than 51 percent of such funds are used for activities that benefit such persons during such period; (g) It has developed a community development plan, for the period specified in paragraph (f) above, that identifies community development and housing needs and specifies both short and long-term community development objectives that have been developed in accordance with the primary objective and requirements of the Act; (h) It is following a current housing assistance plan which has been approved by HUD pursuant to 5 570.306; (i) It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under section 106 of the Act or with amounts resulting from a guarantee under section 108 of the Act by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (1) funds received under section 106 of the Act are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I the Act; or (2) for purposes of assessing any amount against properties owned and occupied by persons of low and moderate income who are not persons of low income, the grantee certifies to the Secretary that it lacks sufficient funds received under section 106 of the Act to comply with the requirements of subparagraph (1); and (j) It will comply with the other provisions of the Act and with other applicable laws. - 2 - AGENDA ff T%W 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 submit the 1984 CDBG Final Statement of Objectives and Projected Use of Funds in the amount of $2 ,070,344, substantially in the form attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 3. March 23, 1984 Council Letter 398 Honorable Mayor and Members of City Council Subject: Reconsideration of Zone Change at 4312 and 4316 Treadway On March 13th, the City Council considered a request by Ms. Frances Shackel- ford to rezone property located at 4312 and 4316 Treadway from RM-H (Resi- dential Multiple Family-High Density) to NC (Neighborhood Commercial ) to correct an existing zoning violation on the premises (see attached Council Letter Number 339) . Subsequent to the Planning Commission's consideration of this item and its recommendation to deny the request, the applicant re- quested the deletion of the easternmost lot (4316 Treadway) from the re- quest for rezoning to NC. The City Council referred the matter back to the Planning Commission for additional review in light of the request. The Planning Commission discussed the issue at their March 19th meeting. A motion to recommend approval of the amended request died for lack of a second. Therefore, the Commission reaffirmed its original vote of 5 to 0 to recommend denial of the request. In effect, the Commission has again submitted to you for consideration, its original action on the subject mat- ter. It is recommended that this request be denied. �L t,�a, -. Karl Nollenberger City Manager 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 INFORi+iATION Applicant � � �—� Frances Shackelford Status of Applicant property owner Requested Action zone change from RI•i-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-; , single family Physical Features two residential lots ; frontay` of combined IC0 feet Cer„rnrehensive 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 CO,',1MISSION RECO_-4EINDATION The Planning Commission recommended denial of the request by a vote 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. 42,s rU". Karl Nollenberger City Manager cc: Sherell J. Cockrell, Planning Director r l I FILE 910-Z. REQUEST FOR A ZONE i CHANGE OM RM-N to NC ON PRO P' PE i DESCRIBED AS TRACTS 149,150, CI' TAX PLAT D-2, LOCATED 4312 & 431 TREADWAY. T ry . FRANCES SHACKELFORD � S D n � s 1/2n ale eo*% - L7 \ j 1 J ' � O a A Y( r • � � � r O AGENDA UEFff NO 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 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. 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 atfect 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 - March 21, 1984 4. Council Letter 392 Honorable Mayor and Members of City Council Subject: Request for zone change from RS to RM-H on property located in the 4800-4900 Blocks of Folsom GENERAL INFORMATION Applicant Jack Mahler Stratus 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 applicant has submitted site plan showing proposed apartments Existing Zoning RS (Residential Single Family) Location 4800-4900 Blocks of Folsom Size 2 . 11 acres Existing Land Use partially vacant, applicant' s residence plus one additional residence Surrounding Zoning and Land Use north - RM-H, townhouses east - (across Crow) RS, single family south - (across Folsom) RS, single family west - RS, single family resi- dence Physical Features site has 392 feet of frontage on Folsom, 205 feet of frontage on Crow Comprehensive Plan Stable Area Page 2 PUBLIC FACILITIES :Public Utilities and Streets SANITARY ROW/ WATER SEWER PAVEMENT Folsom 12" 21" 60/44 Crow 12" 15" 60/40 Fire Protection Station #4 , Gladys and Lucas ANALYSIS -- Site is located at the intersection of a major arterial and residential collector. -- Utilities are adequate for the proposed use. -- Subject site is consistent with land use principles which state that high density residential development should occur along major arterials. - Subject site is bordered by RM-H zoning on its northern property line. Abutting RS-zoned lot on western property line will transition along its rear property line. - Development of the subject tract will require insallation of a 10-foot landscaped buffer and 8-foot privacy fence on the western boundary. The request is in accordance with the comprehensive plan. PLANNING DEPARTMENT RECOMMENDATION Staff recommends approval of the request based on: - site is consist with land use principles which state that high density residential development should occur along major arterials; - utilities are adequate for proposed use; and - request is in accordance with comprehensive plan. Page 3 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended denial of the request by a vote of 4 to 0. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed. to Property Owners 24 Responses in Favor of Request 0 Responses Opposed to Request 13; this constitutes 17% of the property within 200 feet of the request The City Manager recommends denial of the request due to the single family neighborhood and condition of the arterial street. Karl Nollenberger City Manager 11� cC: Sherell J. Cockrell, Planning Director , j FILE 914-Z. REQUEST FOR ZONE CHANGE FROM RS 7URM-H ON PROPERTY LOCATE NORTHWEST CORNER OF FOLSOM ROAD ANC CROW ROAD. � _ t s�=.�"` • , PPLICANT: JACK MAHLER 1/200 i w � R ` • C 67 . i •+ ' o � fit\ I I I _ -- .-_ MI I M a � r � RM H �- o +, \ .• T 4fD•• Ir --I?'it • ' ♦ d t OR I♦-♦ e 40' 10 Li r ect ' subj . Q 1 Y •'0 � • er 60 A FOLSOM, o s• fOL3101/ a, J ,+e 2' eo e0 ~ I I ( ` _o • etc • a o 1 I •�/ e At e w i p n a t a J • ' a " :�e 'TENMI'SON I � � GA ' Y ♦ �• s o , • v .r� 't ar a •. e p 7+ so i i I 60 i 04 f4 l I i I i seoc �• o p N e r •D • r A•L N Dor b •' R• b t I I , o t t ,♦p, •ei n tt• a o p i • •. c I ' I I „ 10 • I • • • / \/� I • I i o S IL z,.S 76 0 O , I Ala—L lEND r ITEM NO 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 ON THE NORTHWEST CORNER OF FOLSOM ROAD AND CROW ROAD; 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 on property located on the northwest corner of Folsom Road and Crow Road, 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 - March 21 , 1984 5. Council Letter 393 Honorable Mayor and Members of City Council Subject: Request for zone change from GC-MD to LI on property located at 1180 South Fourth Street. GENERAL INFORMATION Applicant Jef C. Russell , Jr. Status of Applicant property owner Requested Action zone change from GC-MD to LI (Light Industrial) Representative Uses in LI veterinary services , landscape/ horticultural services , con- struction special trade con- tractors, dairy products, lumber and other building trades Purpose owner will lease to an auto electroplating business Existing Zoning GC-MD (General Commercial - Multiple Dwelling) Location 1180 South Fourth Street Size 150 x 200, 0. 68 acres Existing Land Use vacant commercial building Surrounding Zoning and Land Use north - GC-MD, air conditioning contractor east - (across 4th) GC-MD, lumber yard south - GC-MD, vacant tract west - LI, vacant Physical Features subject property is zoned GC-11D for 150 feet; remainder is LI Comprehensive Plan Conservation & Revitalization Page 2 PUBLIC FACILITIES Public Utilities Sanitary Sewer: 6-inch line between 4th and Quincy Storm Drainage: 30-inch line Water: 8-inch line Streets Fourth Street is designated as a major arterial and has a 60- foot right-of-way and 36-foot pavement. Fire Protection Station #10 , 3855 Washington Boulevard ANALYSIS - The request is contrary to land use principles which dictate that the intensity of land uses should transition as the distance from major arterials increases and should not originate in mid-block. - A granted zone change would create a transition at front lot lines. This condition maximizes incompatibility for adjacent uses . - Existing zoning pattern from 1955 created a 150-foot "strip" zone of GC-MD zoning on 4th Street. - Existing LI is contrary to developed land uses in the surrounding blocks. - Surrounding land uses are not of a manufacturing category and, in fact, several are service-oriented retail uses (e.g. car re- pair, lumber yard, furniture store) . - If granted, a change to LI would allow a more intensive land use than those which exist, will grant a use of the property to the applicant while not affording the same privilege to surrounding land owners and will be contrary to the comprehensive plan. These elements constitute spot zoning. PLANNING DEPARTMENT RECOMMENDATION Staff recommends denial of the request based on: the request is contrary to land use principles stating that land use intensities should transition away from major arterials and not originate or increase in mid-block; surrounding uses are not of a manufacturing category; and request constitutes spot zoning. Page 3 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended denial of the request by a vote of 4 to 3. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 5 Responses in Favor of Request 0 Responses Opposed to Request 0 The City Manager recommends denial of this request. Karl Nollenberger City Manager I Cc: Sherell J. Cockrell, Planning Director / - — -- FILE 913-Z. REQUEST FOR ZONE CHANC_ ' 1 FROM 7—Jif"O LI ON PROPERTY LorAT- 8 t , AT 1180 SOUTH FOURTH STREET. APPLICANT: JEF C. RUSSELL , JR . w n ,r 1/200 r • of k , /M „gyp 0 , „ i L-L, �• a It- AM nr w w Ll r Ab r v• . r ,y . : t Alf 7 At 1 N t FRANKLIN subject At IT �I • o ' I I B;iS GC OW AV II:A#CMITTf Sr Jvr__a wo to ' • �,�IC A s i I /P &G EN NO 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 GC-MD (GENERAL COMMERCIAL- MULTIPLE DWELLING) DISTRICT TO LI ( LIGHT INDUSTRIAL) DISTRICT ON PROPERTY LOCATED AT 1180 SOUTH FOURTH STREET; 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 GC-MD (General Commercial - Multiple Dwelling) District to LI ( Light Industrial) District on property located at 1180 South Fourth Street, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, and the otficial 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 - March 21, 1984 6. Council Letter 394 Honorable Mayor and Members of City Council i Subject: Request for zone change from RS to LI n 7 q 9 o property located in the 6800-6900 Blocks of Washington Boulevard. GENERAL INFORMATION Applicant J. C. Chance Status of Applicant property owner Requested Action zone change from RS to LI (Light Industrial) Representative Uses in LI veterinary services land- scaping services, oil and gas extraction , building construc- tion contractors , metalworking machinery and equipment, con- crete, gypsum, and plastic product manufacturers Purpose pending sale for development as trucking company Existing Zoning RS "(Residential Single Family) Location 6800-6900 Block of Washington Boulevard Size 24 .09 acres Existing Land Use vacant Surrounding Zoning and Land Use north - (across Washington) RS, vacant east - RS, trucking company south - RS, vacant west - RS, vacant Physical Features L-shaped tract; north/south depth is 1381 feet; east/west (south property line) is 1207 feet Comprehensive Plan Industrial Page 2 PUBLIC FACILITIES Public Utilities Sanitary Sewer: 18-inch line Storm Drainage: storm sewer in Washington Water: 16-inch line Streets Washington Boulevard is desig- nated as a major arterial and has a 60-foot right-of-way and 20-foot pavement. Fire Protection Station #10 , 3855 Washington ANALYSIS •- The Washington Boulevard/Dowlen Road intersection w ill occur on the northwest corner of the subject tract. All future land use east to Interstate 10 is proposed for industrial . -- Existing utilities are appropriate for future industrial develop- ment. -• The request is consistent with land use principles which state that industrial development should locate at the intersections of major thoroughfares with proximate access to major highways or rail lines. - The request is consistent with the comprehensive plan. PLANNING 'DEPARTMENT RECOMMENDATION Nt Staff recommends approval of the request based on: request is consistent with land use principles stating that industrial development should be located at the intersections of major thoroughfares with proximate access to major highways or tail lines; request is consistent with the comprehensive plan; and existing utilities are appropriate for future industrial develop- ment. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 5 to 0 . I Page 3 PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 4 Responses in Favor of Request 2 Responses Opposed to Request p The City Manager recommends approval of this request. I�c9x.k JL�c�� r Karl Nollenberger City Manager cc: Sherell J. Cockrell, Planning Director \ FILE 915-Z. REQUEST FOR ZONE CHANGE FROM RS LI OR A MORE RESTRICTIVE DISTRICT LOCATED 1450 FEET WEST OF LANGHAM ROAD ON THE SOUTH SIDE OF WASHINGTON BLVD. APPLICANT: J. C. CHANCE n RS WASHINGTON BLVD. 1460' --y- C—m TO LANGHAM ROAD 601.94' N subject T H 0 ' r Co m 605.3' in m Co 1207.24' U B E RS � V ~~ CgHAC AR NO.GIMA- N 1 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 L I ( LIGHT INDUSTRIAL) DISTRICT ON PROPERTY LOCATED 1450 FEET WEST OF LANGHAM ROAD ON THE SOUTH SIDE OF WASHINGTON BLVD. ; 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 LI ( Light Industrial) District on property located 1450 feet west of Langham Road on the south side of Washington Boulevard, 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 - March 21, 1984 7• Council Letter 395 Honorable Mayor and- Members of City Council Subject: Request for specific use permit to establish a wholesale packaged meats business and warehouse in a GC-MD district located at 725 Fourth Street. GENERAL INFORMATION Applicant Tom Adams Status of Applicant agent for SETCO General Contractors Requested Action specific use permit to establish a wholesale packaged meats business and warehouse Existing Zoning GC-MD (General Commercial - Multiple Dwelling) Location 725 Fourth Street Size 0. 87 acre Existing Land Use vacapt Surrounding Zoning and Land Use north - (across Forsythe) GC-MD, veterinary clinic east and south - Santa Fe Rail- road west - (across 4th) municipal senior citizens center Physical Features site has access to two streets Comprehensive Plan Conservation & Revitalization PUBLIC FACILITIES Public Utilities Sanitary Sewer: 6 inch Storm Drainage: 18-inch storm sewer Water: 8 inch line Page 2 PUBLIC FACILITIES (cont'd) Streets Fourth Street is designated as a major arterial and has a 60-foot right-of-way and 36-foot pavement. Fire Protection Station $10 , 3855 Washington ANALYSIS [See Specific Use Permit Review. PLANNING DEPARTMENT RECOMMENDATION Based on the applicant's compliance with the eight conditions necessary for specific use permit approval, the staff recommends approval of the request. PLANNING COMMISSION RECOMMENDATION EThe Planning Commission recommended approval of the request by a te of 6 to 0 . PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 16 Responses in Favor of Request 0 Responses Opposed to Request 0 The City Manager recommends approval of this request. Karl Nollenberger City Manager cc;: Sherell J. Cockrell, Planning Director SPECIFIC USE PERMIT REVIEW ORDINANCE REOUIREMENTS PROPOSAL 1. Description of processes and------------wholesale packaged meats activities. distributor; Mon. -Fri. , 6 a.m. - 4 p.m. Saturday, 6 a.m. - 12 noon; 4 employees 2. Boundaries of area covered by site ------Block 28 , Lots 1-6 , 14-16 , plan with dimensions. Cartwright Terrace Addition; 0. 87 acre 3. Existing and proposed building existing: 45 x 80, 20 x 42 locations with: proposed: 50 x 60 - number of stories; ------------------- one - height; ------------------------------ 12 feet - gross floor area; -------------------- total for 2 bldgs: 6600 s S. - entrances and exits. ----------------- from 4th and Forsythe 4 . Existing drainage locations and --------- to open ditch in Forsythe direction of flow. and to storm sewer in Fourth Street 5. Proposed landscaping and screening ------ buffers. no requirement 6• Location and dimensions of: - curb cuts (existing and proposed);---- 3 existing at 15 ' each - public and private streets , showing --Fourth: 60 ' right-of-way rights-of-way widths; Forsythe: 60 ' right-of-way - parking--------------'fir---------------5 spaces - pedestrian walks; -------------------- 4 ' sidewalk at entrance to new building -- exterior lighting; -------------------one security light on each - trash storage locations; building ------------- 7 x 9 dumpster - loading areas-------------------------25 x 25 7. Fences or screening provisions ----------existing security fence sur showing location, type and height. rounding property to remain 8. Sign height, location and dimensions.----existing sign: 10 x 6 ; 26 feet in height CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if all of the fol lowing conditions have been found: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; Proposed site abuts railroad right—of—way and sits alone on the block. It is compatible in intensity to commercial use across Forsythe and will not affect property value. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Applicant ' s site is bordered by a railroad and two streets. All surrounding property is developed. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; All existing utilities and drainage are adequate for service to 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; Transportation Department has approved parking and loading plan. 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Proposed use will generate none, of the five adverse condi- tions. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; One security light on each building will cause no adverse affects . 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Existing GC-MD zoning includes no requirements for land- scaping or fencing. 8) That the proposed use is in accordance with the comprehensive plan; Proposed use is located in a Conservation & Revitalization Area and is in accordance with the plan. -- -_i FILE 912-P. REQUEST FOR SPECIFIC L - PERMIT TO ESTABLISH A WHOLESALE P AC I` • �; - ,Q AGED MEATS BUSINESS AND WAREHOUSE LOCATED 725 SOUTH FOURTH STREET. !y�k s0wI£ APPLICANT: TOM ADAMS ON BEHALF OF S • j i �, 2 -� - 1/200 so • 36 I S • .fi t c r^ • AM AV i f F f Ar J , J ~ ! / M f if f u , 1 Of f1 q •\�' ' io • ' subject f sr f - : 8 FORSYTHE a5/ 10 ►. !� lG .l tiv 00 \ 1 q � ,t / • V f t f LL 0 iwo f d e t II $ r L f w f WALL GC ,.' .r A po r ` r 'b i r ' .v �. r / M - ro �i N r • r � • r O � LLr AN At J • '� • r • M • ALGEND. S° ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A WHOLESALE PACKAGED MEATS BUSINESS AND WAREHOUSE AT 725 FOURTH STREET. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit for a wholesale packaged meats business and warehouse on property at 725 Fourth Street, Beaumont, Jefferson County, Texas to Tom Adams , agent for SETCO General Contractors, 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 the specific use permit for a wholesale packaged meats business and warehouse at 725 Fourth Street, 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 Tom Adams , agent for SETCO General Contractors, his 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" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - - 2 - 8. March 23, 1984 Council Letter 406 Honorable Mayor and Members of City Council Subject: Revisions to the Health Insurance Plan Over the past months, the City Council has authorized by ordinance budget amendments and code revisions which have allowed us to begin implementation of a Wellness Program, Employee Assistance Program, Expanded City Health Services, and a Personal Leave and Short-term Disability Program. The final component of the five programs associated with this Coordinated Employee Health Service Program involves a series of revisions to the City Health Insurance package. These revisions to the health insurance program are designed to save the City and employee money in health care cost. The City's experience in the area of health care costs have risen from $2,106,000 in 1981-82 to an estimated $2,975,000 in 1983-84. Actuarial es- timates for the immediate future continue to project a rate of increase of 20 percent, considerably higher than the overall rate of inflation for the same period. Based on information provided by our underwriter, the Pru- dential Insurance Company, the City projects a reduction in City medical costs of $180,000 over a full year, as a result of these health care amend- ments. As indicated earlier, in cases concerning the coordinated health services program, the $180,000 savings is a critical revenue source in that particular program budget. The total health insurance revisions have been grouped in three categories for ease of explanation. I. Additional Benefits. A. Home Health Care - This new program will allow many employees to leave the hospital earlier at the end of their medical cycle. This benefit design helps to drastically reduce the cost of hospital health care. Benefits of this program include not more than 100 home health visits per individual per year at a maximum allowable charge of $50,000 per visit. Drugs and medicine are provided at the normal 80 percent benefit level . B. Convalescent Nursing Home Expenses - Many out- patients stay at least three days, requiring care, but not necessarily particularly hospital services. Convalescent nursing pays up to a daily limit equal to 50 percent of the standard semi-private room or 45 percent of the least private room rate. Council Letter 406 March 23, 1984 Page 2 C. Hospice Care (for the terminally ill ) - This new program design can improve the quality of life for the patient and family when death is imminent. There is no deductible for admission to the hospice care facility and 90 percent of covered in and out patient charges are also additional benefits. II. Money Savers. A. Pre-admission Testing - Generally many model hospital tests can be done prior to admission in a hospital . Therefore, hospital costs are reduced by substituting a less-costly setting for a more ex- pensive one, thereby shortening the hospital length stay. B. Second Surgical Opinion Plan - This program is designed to provide more information to employee and family before a decision is made to have elective surgery. Elective surgery is any non- emergency surgical procedure which may be scheduled to the patient's convenience without jeopardizing the patient's life or causing serious impediments to the patient's particular sickness. Under the City's program, there are fourteen elective surgical pro- cedures which are applicable. All reasonable cus- tomary charges will be paid at 100. percent without a deductible if the employee decides on a second surgical opinion by a Board-certified specialist selected from names provided by Prudential . If the employees does not elect for a second opinion, then the plan will pay 50 percent of the eligible charges which would otherwise be paid. III. Admission on Weekends. A. This plan design will curtail hospital stays that have no meaningful prescribed services scheduled during the weekend. Only in cases of emergency are Friday and Saturday hospital charges covered. Sun- days are never included within the definition of admissions on the weekend. Council Letter 406 March 23, 1984 Page 3 Because these modifications require an intensive effort in transmitting information on the modifications to all employees, staff felt that it would be in everyone's best interest to set an implementation date of Play 1st for these program changes. This will allow us to better deal with questions and/or concerns that employees may have. It is recommended that the Council authorize the City Manager to execute an amendment to the City Health Insurance contract with the Texas Municipal League. IL Karl Nollenberger City Manager Y �vo 8 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 an amendment to the city' s health insurance contract with the Texas Municipal League to provide for revisions to the city' s health insurance plan in the areas of home health care, convalescent nursing home expenses, hospice care, preadmission testing, second surgical opinions, and weekend admission limitations. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - 9. March 23, 1984 Council Letter 401 Honorable Mayor and Members. of City Council Subject: College Street TIP Subject - Phase I Bids were received Monday, March 5, 1984, for the construction of Phase I of the College Street TIP Project. Phase I provides for modifying the College Street-Eleventh Street intersection to provide for double left-turn lanes in all four quadrants of the intersection. The purpose of this modification is to alleviate traffic congestion due to the high volume of left turns that occur during peak hours at the interesection. Phase I was separated from the rest of the College Street Project due to the substantial lessening of con- gestion which will be provided at the high-volume intersection of College and Eleventh Streets. The separation allows the intersection improvements to be implemented eight to ten months earlier than would be possible if the project was not in phases. Phase II will complete the College Street im- provements to downtown Beaumont. Plans for Phase II are currently being prepared. Bids for Phase I ranged from a low of $59,301.79 to a high of $73,576.86. The low bid was submitted by Teal Contracting Co. , Inc. , who plans to utilize minority business enterprise for 14 percent of the total project cost. The bids are as follows: Teal Contracting Co. , Inc. $59,301.79 Trotti & Thomson Company 64,774.00 Accuraline 64,872.20 Mason Construction 66,401.40 Bella Construction 67,884.77 Baytown Construction Co. , Inc. 68,519.00 Russ Miller Construction 72,576.86 It is recommended that the contract be awarded to Teal Contracting Co. , Inc. Karl Nollenberger City Manager AGENDA 1pyEn R E S O L U T I O N WHEREAS, on March '5 , 1984, bids were received for the construction of Phase One of the College Street TIP Project; and, WHEREAS, Teal Contracting Co. , Inc. submitted a bid in the amount of $59, 301.79; and, WHEREAS, the City Council is of the opinion that the bid submitted by Teal Contracting Co. , Inc. 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 of Teal Contracting Co. , Inc. be accepted by the City of Beaumont and the City Manager be, and he is hereby , authorized to enter into a contract with Teal Contracting Co. , Inc. in the amount of $59 ,301. 79 for construction of the College Street TIP Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1984. Mayor - 10. March 23, 1984 Council Letter 405 Honorable Mayor and Members of City Council Subject: Emergency Purchase of Generator for Civic Center As originally designed and constructed, standby electrical service for the Civic Center for use during a Gulf States Utilities power failure was pro- vided by a Duallite battery inverter system. During the latter part of January, 1984, the inverter system failed, pro- bably due to a malfunction in the control components. The Duallite factory service firm, Miles Electronics, was engaged to repair the system. The control components were repaired. The service representative then tested the batteries and determined that they were irrevocably damaged and should be replaced. Duallite proposed to replace the batteries for $8,100. Be- cause of the high replacement cost for batteries, it was decided to investi- gate the feasibility of replacing the batteries with a standby generator, as a means of avoiding future costly replacements of batteries. A consult- ing engineering firm, Galewsky and Johnson, was employed to analyze the situation and to make a recommendation. This firm was involved in the initial design of the facility and is familiar with our current situation. After an analysis of the situation, it is their recommendation that the existing battery backup system be replaced with a standby generator at a cost of $9,000. Provisions have been made, with the assistance of several Departments, for providing some capability for emergency exit lighting. The installation is temporary and inadequate to carry all emergency circuits. Inasmuch as public safety is involved it belief that an emergency exists and that competitive bidding requirements, in this instance, should be waived. It is our recommendation that the purchase of a generator from Harrison Equipment Company in Houston be authorized. The unit is available immediately and can be installed within a week. The monies for this emer- gency purchase will be charged against the operating budget of the Com- munity Facilities Department. Such an expenditure may require a late budget adjustment for this Department. It is recommended that this resolution be approved. �L ruja"" Karl Nollenberger City Manager AGENDA rTEFff NO /O 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 pay Harrison Equipment Company $ 9 ,000 for the purchase and installation of a standby generator to be used at the Beaumont Civic Center. This purchase is an emergency of the city in order to restore full capability to all emergency circuits. PASSED BY THE CITY COUNCIL of the City of Beaumont this the _ day of 19 Mayor - 11• 'March 239 1984 Council Letter 402 Honorable Mayor and Members of City Council reement with Scott Olive Baptist Church Subject: License Ag and Ashley located on Ewing Street betweeof Beaumont for use Scott Olive Baptist Church, reement with the City right-of-way, as Streets, has requested a license on of the east Ewing St be improved with a of an 8-foot by 300 etch.Portion right-of-way The area directly in rimarily as a parking area. shown on the attached sketc cluded for simplification and to easily al- concrete surface for use P be desired in the future. front oertsmallui improvements which may for the Church. low other parking The park- et wide on a 70-foot right of way- curb and area will allow additional and more convenient P of the roadway The roadway is 30 f ated. The The existing pedestrians is anti( : should area would remain at least 10 traffic, the back s on the area, ing or City operation tanned im- no interference with utilities, es to the Church' s P license agreement allows any for damages they be necessary, without 13001 b foot area. provements to the 8-foot y expiration date, but would al- The exp The City would The proposed license would have written 60 days' written notice. the City enses resulting from the Church' s con- low cancellation by or eXp clause and the Church' s be protected against damages through an indemnity struction or use of property insurance coverage. the Church would bear all coe- In consideration for use of the right-of-ways e costs, and removal costs associated netime licenseefe improv struction, agreeable reeable o ments. In addition, the Church �s $500. roved. It is recommended that this resolution be app Karl Nollenberger City Manager L o U �. &%4 - Li U c Z ��:� ��. FNS FNV corrc MOW 5O' c NION PROP. PARKING 10 fA�• �. 6�c�c of cw &o mss.Q 10 0 0 6 L O K 19 -� O FNG IR• ~ F11D I.R� 1004 41 POW" 0 Za ALLEY CLOSED 5 3 4 5 - - z =i r� 3 tu _ o .1¢4 'x•`• �y,,;.�•t�t- ..:ti..-'.//��. >�'%tJ�!y�,• ?►, •+i-•_�: +7.Iq. IZZ.y.• 17 ULAFE04CE FNS' IR• ASHLEY AvENVE PROP. 3Odx S• LICENSE TRACT - PROP PARKING �� - PROP LICENSE TRACT AGENDA ITE21 CIO / / 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 license agreement with Scott Olive Baptist Church, a copy of which is at=tached hereto as Exhibit "A" , at a one time license fee of Five Hundred Dollars ( $ 500) for use of an 8 ' x 300' portion of the east Ewing Street right-of-way. PASSED BY THE CITY COUNCIL of the City of Beaumont this the -- day of 1984. Mayor - 12. March 23, 1984 Council Letter 399 Honorable Mayor and Members of City Council Subject: Neches River Festival Air Show Last year, Golden T Air Flight Services sponsored the First Neches River Festival Air Show at the Municipal Airport. The Urban Transportation Depart- ment has received a letter from Golden T Air Flight Services requesting per- mission to conduct the Second Annual Neches River Festival Air Show on April 8th, with a rain day of April 15th. An air space waiver, approved by the Federal Aviation Administration, will be requested if the City Council approves the air show. In accordance with FAA regulations, the airport may be closed for air traffic from 1 p.m. to 4 p.m. , during the precision flying. Notices requesting that aviators avoid non-show related flying during the period would be posted. The Urban Transportation Department would allow placement of barricades on Keith Road in accordance with the Street Use/Barricading Ordinance in order to allow collection of donations at the gate. However, anyone requesting passage through the area would be allowed to do so and the closure would have no impact on emergency vehicle access. Requested donations would include $4 for adults and $2 for children through the age of 12. A roped-off area providing metal chairs located on the ramp would be available, with a re- quested donation of $1 per person. Sandwich and cold drink vendors will be required to obtain necessary permits from the Health Department. Public assistance would be provided by volunteer, off-duty police officers, as well as Civil Air Patrol cadets. Fire Department personnel , an ambulance, and the "Life Flight" helicopter would be on stand-by. Supplementary, port- able restroom facilities and trash receptacles would also be provided. Additional insurance coverage consisting of a two-million-dollar blanket coverage holding the City harmless of any liability would be obtained, covering the day of the air show from 8 a.m. to 6 p.m. by Golden T. The Airport Advisory Committee unanimously approved usage of the Airport for the Air Show at their March 14, 1984 meeting. The air show serves as a pro- motion for Beaumont Municipal Airport and the Neches River Festival . It is recommended that this resolution be approved. 4L f�,ZL- , 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 Golden "T" Air Flight Services be, and it is hereby , authorized to sponsor the second annual Neches River Festival Air Show on April 8 , 1984 with a rain day of April 15 at the Beaumont Municipal Airport between 1 : 00 p.m. and 4 : 00 p.m. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - CONSENT AGENDA MARCH 27, 1984 * Approval of Minutes. a. A resolution authorizing execution of a three-year contract for furnishing concessions. b. A resolution authorizing purchase of a diesel-powered trash pump for use at the landfill . c. A resolution authorizing payment for emergency repairs to the Eleventh Street lift station. j . a. March 23, 1984 Council Letter 397 Honorable Mayor and Members of City Council Subject: Three-year Contract for Concessions The Parks Department sent out a request for bids to eleven suppliers for a. three-year contract to furnish concessions at the following locations: Municipal Athletic Compex Babe Zaharias Park Alice Keith Pool Magnolia Pool The contract generally requires the successful bidder to furnish an adequate mix of snacks and drinks to users of these various facilities. In our previous contract, the percentage paid to the City was ten percent. Our last year's revenue from this operation was $1,734.04. We are hopeful that this contract arrangement with Entertainment Services, the firm that now provides catering at the Civic Center, will enable an im- proved level of service to be provided at these locations. This operation has been difficult for vendors in previous years which is why only one firm bid on the service. I The bid will be based on a percentage rate of gross sales. As was mentioned earlier, the bid of Entertainment Services at 10.1 percent is within our experience for this contract. It is recommended that this resolution be approved. N S" Karl Nollenberger City Manager 4 ACLEMIDA ITUff 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 enter into an agreement with Entertainment Services, substantially in the form attached hereto as Exhibit "A" , for a three year ( 3 ) contract for concessions to the Municipal Athletic Complex, Babe Zaharias Park , Alice Keith Pool and Magnolia Pool. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - �r b. March 23, 1984 Council Letter 389 Honorable Mayor and Members of City Council Subject: Purchase of Diesel-Powered Trash Pump Bids were received Monday, February 20, 1984, for a diesel-powered trash pump with discharging/suction hoses to be used at the new landfill . This piece of equipment will be utilized during periods of heavy rainfall in pumping water out of the trenches that are now used for refuse disposal at the new site. The money is budgeted within the operational budget of the Landfill Division. The bids were as follows: Treco $2,421.50 Heatley Equipment 2,439.00 Pioneer Industries 2,445.00 Gaedcke Equipment 2,647.91 Consolidated Pipe and Tube 2,893.35 KWay Equipment 3,054.53 Automatic Pump. 3,059.00 F1oMation Specialties 3,131.32 Kinco 3,409.00 Plains Machinery 3,880.00 It is recommended that the bid of Treco in the amount of $2,421.50 be accepted. Karl Nollenberger City Manager NO- R E S O L U T I O N WHEREAS, bids were received for the purchase of a diesel powered trash pump; and, WHEREAS, Treco submitted a bid in the amount of $2 ,421. 50 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Treco 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 Treco in the amount of $2 ,421. 50 for the purchase of a diesel powered trash pump is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of P9 - Mayor - C. March 23, 1984 Council Letter 400 Honorable Mayor and Members of City Council Subject: Emergency Repairs to Eleventh Street Lift Station In late 1983, the lift station at the Eleventh Street underpass began ex- periencing difficulties with the pumping of water during rains. One of the two pumps was repaired at that time. Recently, it was determined that the second pump, although running, was not pumping water. Due to the necessity of adequate pump operations to keep the underpass clear during heavy rains, repair of the pump was considered an emergency. Three bids were received in response to verbal requests to overhaul and re- install the pump and shaft. The bids were as follows: Loden Machine Works $ 8,000 Automatic Pump 11,000 American Machine Works 12,000 Work is already underway by Loden Machine Works to repair the pump, and re- installation is anticipated within the next week. It is recommended that Council approve the resolution authorizing payment to Loden Machine Works for the emergency repairs. ' 6 i\�A,�,," Karl Nollenberger City Manager i AGENDA UEN NO C 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 pay Loden Machine works $8 ,000 for emergency repairs to the Eleventh Street Underpass Lift Station. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - W/S Plarch 23, 1984 2 Council Letter 396 Honorable Mayor and Members of City Council Subject: Sale and Gift of Baby Animals as Pets A Council Work Session will be held March 27, 1984, to discuss a proposed ordinance making it an offense to sell , offer for sale, barter, lease, or give away, or change the natural color of certain baby animals. This or- dinance would apply to baby chickens, ducklings, goslings, skunks, rac- coons, foxes, opossums, bats or rabbits. Commercial sales would not be prohibited. Scientific, educational or governmental purposes would also be allowed. This ordinance would be enforced throughout the year, and not just at Easter time. It would help prevent the inhumane treatment of such baby animals and the potential spread of certain diseases (such as salmonella and rabies) to humans. Karl Nollenberger City Manager � CALENDAR ** Saturday, March 24 - KC Hall 9:00 A.M. - Speak to Gulf States Employees Sunday, March 25 - Calvary Baptist Church; 3650 Dowlen 12:15 P.M. - Groundbreaking Ceremony for Sanctuary and Pre-school Buildings Dinner to follow * Monday, March 26 - Chamber Board Room 3:30 P.M. - Meeting Tuesday, March 27 - Council Chambers 1:15 P.M. - Counci- Meeting, followed by Work Session * Wednesday, March 28 - Council Chambers (Beaumont) *** 7.30 P.M. - S.E.T.R.P.C. Executive Committee Meeting * MAYOR ** MAYOR PRO TEM *** COUNCILMAN DESHOTEL CALENDAR Page 2 * Thursday, March 29 - Mingle Dodge; 4145 College 10:30 A.M. - Ribbon Cutting Ceremonies (Keith McCampbell ) 12:00 Noon - Civic Center, Room 3 Clean Community Commission Meeting Bring sandwiches * 4 00 P.M. - Neurological Center; 3250 Fannin Opening of 3rd Unit (Kim Samford) 7:00 P.M. - Mingle Dodge; 4145 College Grand Opening Friday, March 30 - LNUA Facilities; 7850 Eastex Freeway 10:30 A.M. - Recognition Tour (Chamber of Commerce) * Saturday, March 31 - Civic Center 9:30 A.M. - Welcome TOPS Club, International (Judy Hunt) * 12:00 Noon - Humane Society Shelter "Celebrity Dog Wash" (Laurie Wallace, KIEZ) * MAYOR ** MAYOR PRO TEM *** COUNCILMAN DESHOTEL