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HomeMy WebLinkAboutPACKET OCT 23 1984 WELCOME . . . It is a pleasure to welcome you to a meeting of the Beaumont City Council . Councilmembers and appointed officials are seated in the following order: Mayor William Neild Mayor Pro Tem Councilmember Joe Deshotel Wayne Turner At-Large At-Large Councilmember Councilmember Audwin Samuel David W. Moore Ward 3 Ward 4 Councilmember Councilmember Nell Weisbach Mike Brumley Ward 1 Ward 2 City Manager City Attorney Karl Nollenberger Lane Nichols Council Meetings. Regular meetings of the Council are held on Tuesdays at 1:15 p.m. , in City Hall , consisting usually of a formal meeting for the transaction of business and a Work Session for discussion of projects and programs and review of matters to come before the Council at future meetings. In addition to the regular meetings, the Council con- ducts public hearings on zoning changes, grant applications and other special subjects and holds special meetings as necessary in the conduct of City business. Periodic neighbor- hood meetings are held to encourage citizen participation. Today's Session. Several items of business will be considered by the Council at today' s regular meeting. These are listed on an Agenda, a copy of which is attached for your in- formation. All items on the Agenda are reviewed by the Council in report form prior to the meeting and major items may emanate from Work Session discussions at which the Council receives oral reports from consultants and the professional staff. The Consent Agenda, listed as the first item of business, includes the minutes of the last meeting and routine items, such as small purchases. The Opening. Each meeting opens with a prayer by the Minister of a local church. A dif-_ ferent Minister is invited to open the meeting each week from a list that includes all the City's churches. The prayer is followed by the Pledge of Allegiance and the reading of Proclamations, designating observances and honoring individuals and organizations for special achievements. Citizen Input. At the conclusion of the regular order of business, the Mayor will ask if any of the visitors present wish to address the Council . If you desire to speak, please go to the microphone at the lectern in the center of the room and state your name and ad- dress for the record. Beaumont's Form of Government. Beaumont has a Council-Manager form of government, with the Council as the legislative, policy-making body and a Council-appointed City Manager as the Chief Executive. The Mayor is the official head of the City government. The Mayor and two Councilmembers are elected by the voters at large; the other four Council- members are elected by voters residing in their respective wards. The Mayor Pro Tem is elected by the other Councilmembers to preside in the absence of the Mayor. Council actions take the form of ordinances, with the force of law; and resolutions and motions, which establish policies and give directives to the professional staff. The City Manager implements policies formulated by the Council and directs the day-to-day activi- ties of the City. AGENDA REGULAR SESSION OF THE CITY COUNCIL OCTOBER 23, 1984 CITY COUNCIL CHAMBERS 1: 15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. 1. a. An ordinance changing the zoning from RM-H (Residential Multiple Family-High Density) and from RS (Residential Single Family) to GC-MD (General Commercial-Multiple Dwelling) for property on Major Drive. b. An ordinance granting a Specific Use Permit to build mini-storage warehouses on property on Major Drive. 2. a. An ordinance changing the zoning from RS (Residential Single Family) to RM-H (Residential Multiple Family-High Density) on property at 540 Shell . b. An ordinance granting a Specific Use Permit to operate a beauty shop at 540 Shell . 3. a. An ordinance changing the zoning from RM-H (Residential Multiple Family-High Density) to GC-MD (General Commercial-Multiple Dwelling) for property at 4290 Pradice. b. An ordinance granting a Specific Use Permit to establish a drinking place at 4290 Pradice. 4. An ordinance granting a Specific Use Permit to establish an accessory building for a religious organization at 1395 Ewing. Vii. An ordinance granting a Specific Use Permit to operate a kennell in a GC-MD (General Commercial-Multiple Dwelling) district at 1290 Hazel . El. An ordinance granting a Specific Use Permit to convert an existing storage building to a garage apartment at 6145 Garner Road. Council Agenda October 23, 1984 Page 2 7. An ordinance abandoning a 16-foot utility easement in Block 2, Lot 1, Washington Park Addition. 8. Third and final reading of the franchise ordinance with Liberty Tele- Communications, Inc. 9. A resolution authorizing purchase of two stakebody trucks for the Parks and Recreation Department. 110. A resolution authorizing execution of a six-month contract for sand cement for use in the Urban Transportation and Water Utilities Depart- ment. 1.1. A resolution authorizing purchase of a voltage regulator for the Data Processing Division. 1.2. A resolution authorizing the employment of ARE, Inc. to develop a Com- prehensive Street Management Program for the City. 13. An ordinance allowing flexibility in right-of-way widths. 14, A resolution authorizing the employment of Touche Ross and Company for analysis of the Entex rate increase request. 15. A resolution authorizing an agreement between the City of Beaumont and the National Center for Municipal Development. 16. An ordinance amending the Junked Motor Vehicle Ordinance. Other business. Hear citizens. Adjourn. RECONVENE FOR WORK SESSION. - I CONSENT AGENDA OCTOBER 23, 1984 * Approval of Minutes. a. A resolution authorizing purchase and installation of chain link fence around St. Theresa Hospital . b. A resolution approving employment of an Assistant City Attorney. c. A resolution authorizing execution of a Lease Assignment. d. A resolution authorizing purchase of two parcels of property for the Highland Avenue TIP Project. e. A resolution authorizing sale of surplus City-owned property. f. A resolution accepting for City maintenance water, sanitary sewer, storm sewer and street improvements constructed in Griffing Park Unit II. g. A resolution accepting for City maintenance water, sanitary sewer, storm sewer and street improvements constructed in Plaza 10 Addition. h. A resolution authorizing final payment to the contractor for improvements on Alice Keith Park. i. A resolution amending a Community Development Block Grant Historic Preservation sub-recipient contract agreement. j. A resolution making committee appointments. AGENDA REGULAR SESSION OF THE CITY COUNCIL OCTOBER 23, 1984 CITY COUNCIL CHAMBERS 1: 15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. 1. a. An ordinance changing the zoning from RM-H (Residential Multiple Family-High Density) and from RS (Residential Single Family) to GC-MD (General Commercial-Multiple Dwelling) for property on Major Drive. b. An ordinance granting a Specific Use Permit to build mini-storage warehouses on property on Major Drive. 2. a. An ordinance changing the zoning from RS (Residential Single Family) to RM-H (Residential Multiple Family-High Density) on property at 540 Shell . b. An ordinance granting a Specific Use Permit to operate a beauty shop at 540 Shell . 3. a. An ordinance changing the zoning from RM-H (Residential Multiple Family-High Density) to GC-MD (General Commercial-Multiple Dwelling) for property at 4290 Pradice. b. An ordinance granting a Specific Use Permit to establish a drinking place at 4290 Pradice. 4. An ordinance granting a Specific Use Permit to establish an accessory building for a religious organization at 1395 Ewing. 5. An ordinance granting a Specific Use Permit to operate a kennell in a GC-MD (General Commercial-Multiple Dwelling) district at 1290 Hazel . 6. An ordinance granting a Specific Use Permit to convert an existing storage building to a garage apartment at 6145 Garner Road. f Council Agenda October 23, 1984 Page 2 7. An ordinance abandoning a 16-foot utility easement in Block 2, Lot 1, Washington Park Addition. 8. Third and final reading of the franchise ordinance with Liberty Tele- Communications, Inc. 9. A resolution authorizing purchase of two stakebody trucks for the Parks and Recreation Department. 1.0. A resolution authorizing execution of a six-month contract for sand cement for use in the Urban Transportation and Water U tilities Depart- ment. 1.1. A resolution authorizing purchase of a voltage regulator for the Data Processing Division. 1.2. A resolution authorizing the employment of ARE, Inc. to develop a Com- prehensive Street Management Program for the City. 13. An ordinance allowing flexibility in right-of-way widths. 14, A resolution authorizing the employment of Touche Ross and Company for analysis of the Entex rate increase request. 0 15. A resolution authorizing an agreement between the City of Beaumont and the National Center for Municipal Development. 16. An ordinance amending the Junked Motor Vehicle Ordinance. Other business. Hear citizens. Adjourn. RECONVENE FOR WORK SESSION. October 16, 1984 1 a. b. Council Letter 60 Honorable Mayor and Members of City Council Subject: Request for zone change from RM-H and RS to GC-MD and a specific use permit for mini-storage warehouses on Major Drive. GENERAL INFORMATION Applicant John Blackwell Status of Applicant prospective buyer; owner is Dr. J. J. Heisler, Houston Requested Action zone change from RS to GC-MD (General Commercial - Multiple Dwelling) for 1. 68 acres and from RM-H to GC-MD for 3. 0 acres and a specific use permit to build mini-storage warehouses Existing Zoning RS (Residential Single Family) and RM-H (Residential Multiple Family - High Density) Location beqinning approximately 350 feet south of Highway 105 and 125 feet east of Major Drive on the east side of Major Drive Size 4 . 68 acres Existing Land Use vacant Surrounding Zoning and 'Land Use north - GC-MD and RS , vacant east - RS, single family south - RS, single family west - (across Major Drive) GC-MD, vacant Previous Zone Changes in Vicinity A change to LR-1 for 1 acre and R-2 for 3 acres was ap- proved by Council on December 27, 1979 . Comprehensive Plan Activity Center and Neighborhood Growth Unit I Page 2 SPECIAL INFORMATION Public Utilities in Major Drive Sanitary Sewer: 36 inch line Storm Drainage: in Major Drive Water: 30 inch line Streets Major Drive is designated as a major arterial and has a 120 foot right-of-way and 40-foot pavement. Fire Protection Station #8 , 6297 Highway 105 ZONE CHANGE: ANALYSIS - The Major Drive/Highway 105 intersection has, at present approximately 50 acres of vacant commercially-zoned current request, independent of the 2 . 4 acresproposedafor thee specific use permit, will increase the vacant total by 2. 2 acres . The intersection lacks a demonstrated pattern of commercial development sufficient to warrant increased area. Total depth of the GC-MD district would be in excess of 600 feet - twice the normally accepted depth for intensive commer- cial districts. Without an overall development plan for the total acreage (4. 68) staff feels that the encroachment of GC-MD zoning into a low density residential area will necessitate future zone changes in order to achieve a compatible development pattern for all land owners involved. Zoning ordinance requires a 10-foot landscaped buffer and 8-foot stockade-type privacy fence along the southeastern line or a total linear distance in excess of 700 feet�perty A primary objective of zoning is to control the timing of development in relation to the adequacy of public facilities . This decreases the possibility of: 1) establishing a premature zoning pattern; 2) falsely inflating land values from that zoning; and 3) creation of an alternating or "checkerboard" pattern of development. - The existing transition pattern (commercial/high density multi- family/single family) is consistent with accepted planning principles. Paqe 3 PLANNING STAFF RECOM.^1ENDATION Staff recommends denial of GC-MD for the subject tracts based on : - the total depth would exceed the normally accepted depth for intensive commercial districts; - request would necessitate future zone changes in order to achieve a compatible development pattern for all land owners involved; - existing transition pattern is consistent with accepted planning principles. SPECIFIC USE PERMIT: ANALYSIS ESee Specific Use Permit Review. PLANNING STAFF RECOMMENDATION ,Staff finds that Conditions 1 and 8 have not been satisfied. Based on these findings , staff recommends denial of the specific use permit request. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 11 Responses in Favor of Request 1 Responses Opposed to Request 8; this constitutes 570 protest area PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended denial of the request for a zone change and specific use permit by a vote of 6 to 0. EThe City Manager recommends denial of this ordinance.. Karl Nollenberger City Manager Page 4 SPSCMIC U3E PERMIT REVIEW ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and---- ------ 385 mini-storage warehouses activities. of various sizes ; on-site security guard with on-site residence; business hours 7a.m.-8p.m. ; on-site parking. :Z. Boundaries of area covered by site------ 2. 5 acres plan with dimensions. 3. Existing and proposed building locations with: - number of stories ; -------------- ----- one - height; ------------------------------ warehouses. 10 feet - gross floor area; -------------------- apartment: 20 feet 45 , 200 gross leasable area - entrances and exits. ----------------- 20 foot entrance drive from Major Drive 4 . Existing drainage locations and --------- on-site run-off to be direction of flow. collected in access drive- ways then west to Major 5. Proposed landscaping and screening ------ 10-foot landscaped buffer buffers . on north and southeast 6. Location and dimensions of: - curb cuts (existing and proposed) r--- one proposed at 20 feet - public and private streets , showing -- Major Drive: 120-foot right rights-of-way widths; of-way - parking and loading areas;------------ parking for 4 cars required - pedestrian walks; -------------------- not applicable -- exterior lighting, __ security lights 3 feet abov trash storage locations; ------------ roof line of warehouses one dumpster centrally • located L87. Fences or screening provisions ---------- 8-foot privacy fence on showing location, type and hei ht.g north and southeast sides Sian height, location and dimensions.---_ maximum area: none maximum height: 40 feet required setback: 10 feet any propeLty 1 ine i Page 5 CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if.. all of the following conditions have been found: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; Due to the depth and location of proposed site, applicant will eliminate existing transition of districts while creating addi- tional vacant commercial property. Since an overall development plan has not been submitted, staff feels an internal transition is necessary to maintain the implementation of the compre- hensive plan. By internalizing the area of transition, the applicant places no unnecessary burden on abutting property owners. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Existing vacant GC-MD and R-.3 zoned properties will generally_ benefit from the development of subject tract and not experience impediment. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Supporting utilities are present and adequate for proposed development. 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; Proposed development plan shows adequate parking for intended use. 5) That adequate nu4sance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; None of the five environmental nuisances are generated by the proposed use. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; Proposed security lighting will be oriented away from single family development to eliminate adverse effects. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Site plan conforms to landscaping and screening requirements of zoning ordinance . 8) That the proposed use is in accordance with the comprehensive plan; Proposed site borders a Neighborhood Growth Unit. Proposed specific use is not in accordance with the comprehensive plan. s FILE 952-Z/P. REQUEST FOP. A ZONE ' CHANGE , RO"1 RM-H TO GC-ND AND A i2 SPECIFIC USE PERMIT, J 3 j PPLICANT: JOHN BLACKWELL n { srI r£ Ywr 1/200 Highway 1 •00 to• y asc V 'V R-,-p3 � 7 rOL/YIN ND subject .. Tolivar L T t�9 cp y�E ✓' ��. ti's �' � Q!� � � ,\, . �� �. It 10 I � 0 < � _` . \1 ,0 o a � , W 3 0� AGENDA rTEN NO / a-, 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE DWELLING DISTRICT) FOR A 3 .0 ACRE TRACT AND FROM RS (RESIDENTIAL SINGLE FAMILY DISTRICT) TO GC-MD (GENERAL COMMERCIAL-MULTIPLE DWELLING DISTRICT) FOR A 1 .68 ACRE TRACT LOCATED BEGINNING APPROXIMATELY 350 FEET SOUTH OF HIGHWAY 105 AND 125 FEET EAST OF MAJOR DRIVE ON THE EAST SIDE OF MAJOR DRIVE; 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 GC-MD (General Commercial-Multiple Family District) for a 3 .0 acre tract and from RS (Residential Single Family District) to GC-MD (General Commercial-Multiple Dwelling District) for a 1 .68 acre tract located beginning approximately 350 feet south of Highway 105 and 125 feet east of Major Drive on the east side of Major Drive, 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 - GE " Tr NO ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO BUILD MINI-STORAGE WAREHOUSES ON PROPERTY LOCATED BEGINNING APPROXIMATELY 350 FEET SOUTH OF HIGHWAY 105 AND 125 FEET EAST OF MAJOR DRIVE ON THE EAST SIDE OF MAJOR DRIVE. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit to build mini-storage warehouses on property located beginning approximately 350 feet south of Highway 105 and 125 feet east of Major Drive on the east side of Major Drive, Beaumont, Jefferson County, Texas to John Blackwell, prospective buyer, 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 to build mini-storage warehouses on property located beginning approximately 350 feet south of Highway 105 and 125 feet east of Major Drive on the east side of Major Drive, 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 John Blackwell, prospective buyer, his legal representatives, successors and assigns for that certain tract of land 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 1984. Mayor - 2 - 2 a. October 16 , 1984 b. Council Letter . 54 Honorable Mayor and Members of City Council Subject: Request for zone change from RS to RM-H and a specific use permit to operate a beauty shop at 540 Shell. GENERAL INFORMATION' Applicant Henry W. Ligon Status of Applicant property owner Requested Action zone change from RS to RM-H (Residential Multiple Family- High Density) and a specific use permit for a beauty shop Existing Zoning RS (Residential Single Family) Location 540 Shell Size 75 x 120, 9000 sq. ft. Existing Land Use single family residence Surrounding Zoning and Land Use north - RS, single family east - GC-MD, vacant south - (across Shell) RS, single family west - RS, single family Physical Features a GSU easement crosses the sub- ject lots from northwest to southeast Comprehensive Plan Conservation and Revitalization SPECIAL INFORMATION Public Utilities in Shell Road Sanitary Sewer: 6 inch line Storm Drainage : 24 inch line Water: 2 inch line Page 2 SPECIAL INFORMATION (cont'd) Streets Shell is designated as a local residential street and has a 50-foot right-of-way and 18- foot pavement. Fire Protection Station #3 , Kenneth and Brockman ZONE CHANGE : ANALYSIS - The request is consistent with land use principles which state that the intensity of uses should transition as the distance from arterials increases. - Existing utilities are adequate for the proposed development. - The northern half of the subject lot is unsuitable for most RS or RM-H uses other than accessory buildings . - Maximum allowable dwelling units under RM-H is 6 units. - The request will transition at side and rear lot lines which is a suitable condition. COMPREHENSIVE PLAN The .location of the request is a Conservation and Revitalization Area of the plan and is in accordance. iPLANNING STAFF RECOMMENDATION Staff recommends approval of the request based on: - the request is consistent with land use principles stating that the intensity of uses should transition as the distance from arterials increases; - the request is in accordance with the comprehensive plan. SPECIFIC USE PERMIT: ANALYSIS [See Specific Use Permit Review. Page 3 PLANNING STAFF RECOMMENDATION Bas7on e applicant' s compliance with the eight conditions necor specific use permit approval, staff recommends app the request. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 20 Responses in Favor of Request 0 Responses Opposed to Request 0 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 6 to 0. The City Manager recommends approval of the ordinance. Karl Nollenberger City Manager Page 4 SPECIFIC USE PERMIT REVIEW/ ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and--- ------ beauty shop; operated by activities. property owner; Tues.-Sat. , 8 a.m. - 6 p.m. 2. Boundaries of area covered by site------ 75 x 120 , 9000 sq. ft. plan with dimensions. 3 . Existing and proposed building locations with: - number of stories; ------------------- one - height; ------------------------------ 8 feet - gross floor area; -------------------- 240 sq ft. - entrances and exits. ----------------- from Shell Road 4. Existing drainage locations and --------- to open ditch in Shell direction of flow. Street 5. Proposed landscaping and screening ------ 8-foot privacy fence and buffers. 10-foot landscaped buffer 6. Location and dimensions of: curb cuts (existing and proposed) ;---- existing driveway has culvert - public and private streets , showing -- Shell has a 50 ' right-of-way rights-of-way widths; and 18 foot pavement - narking and loading areas;------------ 4 parking spaces - pedestrian walks; --------------------none proposed exterior lighting; -------------------none proposed trash storage locations; -------------normal commercial collectio 7. Fences or screening provisions ---------- existing fence will be showing location, type and height. remodeling to meet ordinanc requirement 8. Sian height, location and dimensions.---- none Page 5 CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if all of the following conditions have been found: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; Beauty shop use poses no adverse effects on abutting residential residential uses. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Remaining vacant tract abutting the proposed use on the east has direct access to Highland Avenue and thus will experience no impediment to development. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities and drainage are present and adequate for 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; Four spaces provided on site plan comply with minimum requirements . 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; None of the five environmental nuisances will be generated by the proposed use. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboriMg properties; No proposal is included for exterior directional lighting. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Existing fencing and landscaping will be used to satisfy ordinance requirements. 8) That the proposed use is in accordance with the comprehensive plan; RM-H district conforms to Conservation and Revitalization Area of comprehensive plan. 4 \ j � �; L.E.r✓'�- t FILE 940-Z. REQUEST FOR ZONE CHANGE - .J 0 FROM RS TO RM-H AND A SPECIFIC USE i PERMIT LOCATED AT 540 SHELL ROAD. j H r i L� H 'r v APPLICANT: HENRY W. LIGON i � Cl � III i b • 150 3 I ZS ao I , ! i o CL�. AK 1 65 37 L90/9 60 eQ I -� •• 60 - p j i 6v ?5 �°w vn tt� u ° low 1 , f � so • o /410 37 r,� 1 I d9z X40 �p I I . . t /l I !1 i O I i Gi S75 60 • I 60 -,T73 60 et P4 Ci2 t9 63 61 r r � a a � � I 1 60 "` 60 s I ns 60 �.S U B J E C R lLd1 LA AMA AVE 65 ?7 f 1 •'.J!LiI !lJ/..101f.d f716'1Jtla zrl/!Za/1•/I/7 /f'M II;IJ/t SH r•I--'I ! I I.I.RC/J-)-J Q2 ; Q p J p /'JO 60 sc •` • t tl I t/ t0 tl 11 17 to 16 ! I 111I1I_� 1 !-f -�- i� I I .I I I-ll/;lUI ! I i I �I111 � t •i\� 4 I • I JtJI iJ02l 110iNlll•a tZ' ul'N JT R 11 M a /t'1 • , I ID j az 1 s A NO I AVM 10 2 j - E T " r_~' �� e5 L5 30 �r T f11�,1C i SG 1 ! A •! ' H p ;!1 SI Jt: J/ JO t l I t1 p Z f t .ar t ? IOWA A i 30 , t /e!SG a h J7 s• • 60 7 W 14(b.6 x f^ 1ISO if ci L* ^ I: � 30 'Y 30 ` • �� , E • r 30 - x 4 tL}r f • 6iL ES C!/CH//i Sr sr of e f f —�= 0 4 At 'e u AV 1 $� 1 3913 60 60 r 2 � • � Aus srt � •sr F $ � . R HI J to o � • M`�t, � I � l � � ti� `'t/ to Iwo x _ Y• •!/O5 H , 3G I i �✓ v ADD- I � � /GG i3�i fe l9 Ts 11 t AGENDA RTER 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 AT 540 SHELL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . THAT Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-5B thereof, is hereby amended by changing the zoning classification from RS (Residential Single Family District) to RM-H (Residential Multiple Family -High Density District) on property located at 540 Shell, 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 - A ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A BEAUTY SHOP AT 540 SHELL. WHEREAS, the Planning and zoning Commission of the City of Beaumont considered the issuance of a specific use permit for a beauty shop at 540 Shell, Beaumont, Jefferson County, Texas, to Henry W. Ligon, property owner, his legal representatives, successors, and assigns for that certain property hereinafter described; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That all conditions necessary for issuance of a specific use permit have been met and a specific use permit for a beauty shop located at 540 Shell, 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 Henry W. Ligon, property owner, his legal representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2 . That the 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 - 3 a. October 16 , 1984 b. Council Letter 58 Honorable Mayor and Members of City Council Subject: Request for zone change from RM-H to GC-MD and a specific use permit to establish a drinking place at 4290 Pradice. GENERAL INFORMATION Applicant Ananais Prejean Status of Applicant property owner Requested Action zone change from RM-H to GC-!"4D (General Commercial - Multiple Dwelling) and a specific use permit to operate a lounge Existing Zoning RM-H (Residential Multiple Family - High Density) i Location 4290 Pradice Size 150 x 110 , 0 . 37 acres Existing Land Use vacant building which was formerly a lounge Surrounding Zoning and Land Use north - RM-H, single family east - (across Pradice) , single family south - (across Booker) Virginia Village west - RM-H, vacant Physical Features corner lot; abutting property on west also owned by applicant Comprehensive Plan Conservation and Revitalization SPECIAL INFORMATION Public Utilities in Pradice Sanitary Sewer: 8 inch line Storm Drainage : open ditches Water: 8 inch line Page 2 SPECIAL INFORMATION (cont'd) Streets Pradice is designated as a local residential street and has a 30-foot right-of-way and 20-foot pavement. Fire Protection Station #10, 3855 Washington Boulevard ZONE CHANGE: ANALYSIS - Predominant surrounding land use is single family and multi- family residential. - The request is contrary to land use principles which state that commercial uses should locate at major intersections and not originate in mid-block. - The request will generate additional zone changes in order that adverse effects on adjacent residential uses can be made com- patible. - The change to GC-MD will constitute "spot" zoning since it will grant a benefit solely to the applicant, create an incompatible land use in a residential area, and will not be in accordance with the comprehensive plan. The subject use is in a Community Development Strategy Area. Previous similar locations have demonstrated that lounges are detrimental to continued revitalization of neighborhoods while actual neighborhood uses are beneficial. PLANNING STAFF RECOMMENDATION Staff recommends denial of the request for GC-MD based on: - the request is contrary to land use principles which state that commercial uses should locate at major intersections and not originate in mid-block; - the change to GC-MD will constitute spot zoning. C - Page 3 SPECIFIC USE PERMIT: ANALYSIS See Specific Use Permit Review. PLANNING, STAFF RECOMMENDATION Staff finds that Conditions 1, 2, S and 6 have not been satisfied. Based on these findings staff recommends denial of the specific use permit request. PUBLIC NOTIFICATION AND RESPONSE Notices mailed to property owners 18 Responses in favor of request 0 Responses opposed to request 0 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended denial of the request by a vote of 6 to 0 . The City Manager recommends denial of the ordinance. Karl Nollenberger City Manager Page 4 3P C07IC U3E PERMIT REVIEW/ ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and---- ------ The Chatterbox Lounge; activities. 10 a.m, to 2 a.m. ; 7 employees; recorded music, occasional live music. 2. Boundaries of area covered by site------ plan with dimensions. Lots 33 and 34, West Limits Addition, 100 x 110 3. Existing and proposed building locations with: - number of stories; ------------------- one - height; ------------------------------ 18 feet - gross floor area; -------------------- 1700 sq. ft. - entrances and exits. ----------------- from Pradice 4. Existing drainage locations and --------- open ditch in Pradice direction of flow. and Booker 5. Proposed landscaping and screening ------ 10 ft. landscaped buffer buffers. strip and 8 ft. privacy fence required on north 6. Location and dimensions of: and west property line - curb cuts (existing and proposed) ;---- none proposed - public and private streets, showing -- Pradice: 30 ' right-of-way rights-of-way widths; 20 ' pavement - ?arking and loading areas;------ ------ parking for 22 autos - pedestrian walks; -------------------- at front building entrance -- exterior lighting; ----_______ on eaves at building trash storage locations; ------ entrance 3 trash collection barrels 7. Fences or screening ft. privacy fence re- showin 9 Provisions ---------_ g location, type and height. quired on north and west property lines 8. Sign height, location and dimensions.---- Proposed 3 x 6 sign; 20 foot height Page 5 CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if a 1 of the following 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; Sale and on-premise consumption of alcoholic beverages in simi- lar establishments discourages development of needed neigh- borhood services and adversely affects single family uses. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Vacant RM-H zoned property abutting request to the west will experience loss of development potential unless future measures are taken to establish a compatible development pattern. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities are present and adequate for the proposed use. 4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian ' traffic without adversely affecting the general public or adjacent developments; Parking area immediately abuts Booker and Pradice Streets . However, only parking in rear of building will be allowed. 5) That adequate nu4sance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Site plan indicates recorded and occasional live music. No measures stated to address noise nuisance. 6) That directional lightinq will be provided so as not to disturb or ad- versely affect neighboring properties; Lighting for building entrance will create no disturbanc or adverse affects. e 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; North and west property lines will require 10-foot landscaped buffer and 8-foot privacy fence . 8) That the proposed use is in accordance with the comprehensive plan; Proposed use is in a CDBG Strategy Area and a Conservation and Revitalization Area. The request is not in accordance with the plan. lA I ., FILE 948-Z/P. REOUEST FOR A ZONE " �b1 AV JO m � a o CHAN E R .1 RM-H to GC-MD AND A SPECIFIC USE PERMIT FOR A DRINNKING ,A , PLACE ON PROPERTY DESCRIBED AS BLK. „ B, tTS, .33 AND 34 LOCATED 4290 ---1 4 r-, I s � ' � ' � f j 1 ► • � R-M+- H f h / L so s 1/200 Ag 9J 3 to - & leo 40 /j0 /50 1 lb u •. a R 1 +, RO w � li ,'o ,so 10 o Bbnchel/e BLAN i W 2 ~ r it tf Chao/ O • i ^ is N n iI �.07 �l O L • - It n 2 tires . n �o too, 100 O7 -00/ 7i 0 a' "o+6 L 91.3 13 SO fi��a /t � 70 —_ ° Sarah y SO- o / l J I ! 0 7 I 1 10 . to 4 1 I• IN /0 /7 9 +5 N pN ^ Q r f - I I tiZ i M ma .l Wr ` r - - 3 - r n P.1 0 rs X va 1 w� . q,, J�/J l 1 .� J� Qo 9,� /I N r0 r/ rl rJ r•:H ,to l7 N rf JO J/ Jl !! !• g J N ` o• a eo BOOKER _$r Booker n � A, i9 60 subject r (off ' J ' 0 R 30� �+ sr of ti C-oM D 01 i0 n Cz /�O.QZ /A�OL <i1 / -100/ hN nO g _Ha / 39�y e i � / 2 m i � • b L o �7 7 A. R M /0 o e 50 V/Rfl/NSA • i.. Sr e ii o o l I 60 - ."0 do j0 r ITER N10- a-- 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 GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING DISTRICT) ON PROPERTY LOCATED AT 4290 PRADICE; 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 GC-MD (General Commercial -Multiple Dwellig District) , on property located at 4290 Pradice, Beaumont, Jefferson County, Texas, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2 . That in all other respects the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . Section 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 - AG IDS IT FA ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR DRINKING PLACE ON PROPERTY LOCATED AT 4290 PRADICE. WHEREAS, the Planning and zoning Commission of the City of Beaumont considered the issuance of a specific use permit for a drinking place on property located at 4290 Pradice, Beaumont, Jefferson County , Texas, to Ananais Prejean property owner, her legal representatives, successors, and assigns for that certain property hereinafter described; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit for a drinking place on property located at 4290 Pradice, 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 Ananais Prejean, property owner, her legal representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes. • s 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 - October 16 , 1984 4. Council Letter 55 Honorable Mayor and Members of City Council Subject: Request for specific use permit to establish an accessory building for a religious organization at 1395 Ewing. GENERAL INFORMATION Applicant Douglas Memorial Church Status of Applicant property owner Requested Action specific use permit for acces- sory church building (parsonage) Existing Zoning LI (Light Industrial) Location 1395 Ewing Size 162 x 126 , 0 . 469 acre Existing Land Use vacant Surrounding Zoning and Land Use north - (across Louisiana) LI , single family east - (across Ewing) LI, Douglas Church south - GC-MD, single family west - LI, single family Physical Features corner lot Comprehensive Plan Conservation and Revitalization SPECIAL INFORMATION Public Utilities in Ewing Sanitary Sewer: 6 inch line Storm Drainage : 24 inch line Water: 6 inch line Streets Ewing is designated as a local residential street and has a 70-foot right-of-way and 18- foot pavement. r Page 2 SPECIAL INFORMATION (cont'd) Fire Protection Station #5 , Grand and Concord ANALYSIS See Specific Use Permit Review. PLANNING STAFF RECOMMENDATION Based on the applicant's compliance with the eight conditions necessary for specific use permit approval, staff recommends ap- proval of the request. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 20 Responses in Favor of Request 3 Responses Opposed to Request 0 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 6 to 0 . The City Manager recommends approval of the ordinance. Karl Nollenberger City Manager Page 3 E C� 9C USE PERMIT REVIEW ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and------------ activities. pastor ' s residence for Douglas Memorial Church 2. Boundaries of area covered by site ------ Block 7, Lots 1 and 2 , plan with dimensions. Chaison Addition; 126 x 162 3• Existing and proposed building locations with: - number of stories; ------------------- one - height; ------------------------------ 15 feet -• gross floor area; -------------------- 1, 440 s q. ft. - entrances and exits. ----------------- from Ewing 4. Existing drainage locations and --------- concrete storm sewer in direction of flow. Ewing 5. Proposed landscaping and screening ------ none buffers. 6• Location and dimensions of: - curb cuts (existing and proposed) ----pro I posed 20-foot driveway public and private streets , showing --Ewing: 70-foot right-of widths; and 18-foot pavement - parking and loading areas;------------parking in driveway - pedestrian walks; -------------------- from curb to front entrance -- exterior lighting; ...................--------------none - trash storage locations; -------- -----none Eo or screening provisions ------- g location, type and height, none eight, location and dimensions.---- none Page 4 CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if all of the following conditions have been found: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; Surrounding land uses are similar in character. No adverse effect on property values. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Most surrounding property is developed. Proposed residence will create no impediment to future developments. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; All utilities are present and adequate for the proposed use. 4) The design, ' location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Adequate area for parking in proposed driveway. 5) That adequate nu;sance prevention measures have been or will be taken to prevent or control offensive odor, fumes , dust, noise and vibration; None of the five adverse conditions are generated by the proposed use. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; No directional lighting proposed. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with, adjacent property; No landscaping or fencing requirement. 8) That the proposed use is in accordance with the comprehensive plan; The proposed use is in a Conservation and Revitalization Area and is in accordance with the plan. FILE 95.0,P.REOUEST FOR A SPECIFIC U' PROPERTY I TO BcILD A NEld PARSONAGE ON DE,.CRIBED AS BLK.7 LTS. 1 2 AND LOCATED AT 1393 EWING. r PPLICANT: DOUGLAS MEM RIAL CHURCH o !1 hf 7 ZIT lc 2 o Y t A-5 1/2001 lNTERSTArc lO•EAST Interstate 10-East 50 50 j 5 F. Y ; O !AVII O 5 � 5 A-5 7 subject % Lu 5 ,4.5 e Louisiana -77 CZ c r� l cz AV - — e - e o so o R ^ (W 10 f Glad vs y � 0 O j y V IV IF o, p b // /t:/ -,7 I f /O V Jc EVA4ON w AVE 4/ 4 I v � b — 2 /5 /6 l f a 1/ /t• ,l , • r .p n /t � y a ASHLEY I Ii R �5 rr to L 7i xo1 ;�o -Z %-ctrl i Fri I rIT I ' o i AGENDA RTEM AJO�- ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR AN ACCESSORY BUILDING ON PROPERTY LOCATED AT 1395 EWING. WHEREAS, the Planning and zoning Commission of the City of Beaumont considered the issuance of a specific use permit for an accessory building on property located at 1395 Ewing, Beaumont, Jefferson County, Texas, to Douglas Memorial Church, property owner, its legal representatives, successors, and assigns for that certain property hereinafter described; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That all conditions necessary for issuance of a specific use permit have been met and a specific use permit for an accessory building on property located at 1395 Ewing, 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 Douglas Memorial Church, its legal representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes. 4 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 - r October 161 1984 5. Council Letter 56 Honorable Mayor and Members of City Council Subject: Request for specific use permit to operate a kennel in a GC-MD district at 1290 Hazel. -- GENERAL INFORMATION', Applicant Matt Matthews Status of Applicant property owner i Requested Action specific use permit to operate a personal kennel Existing Zoning GC-MD (General Commercial - Multiple Dwelling) Location 1290 Hazel Size 50 x 140 Existing Land Use residence, storage building and dog pens Surrounding Zoning and Land Use north - GC-MD, single family east - GC-MD, single family south - (across Hazel) GC-MD, single family west - (across Ewing) GC-MD, single family Physical Features corner lot Comprehensive Plan Conservation and Revitalization SPECIAL INFORMATION Public Utilities in Hazel Sanitary Sewer: ** Storm Drainage: 15 inch line Water: 6 inch line Page 2 SPECIAL INFORMATION (cont'd) Streets Hazel is designated as a local residential street and has a 60-foot right-of-way and 27- foot pavement. Fire Protection Station #5, Grand and Concord ANALYSIS See Specific Use Permit Review. PLANNING STAFF RECOMMENDATION Examination of the eight conditions necessary for approval indicate that the applicant does not satisfy Conditions 1, 2, 5 , and 8 . Based on this finding, staff recommends denial of the request. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 23 Responses in Favor of Request 3 Responses Opposed to Request 3 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended denial of the request by a vote of 6 to 0 Th7City, Mana er recom 9 mends denial of the ordinance. Karl Nollenberger City Manager Page 3 3PMC:73C u3E PERMIT REVIEW ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and---- ------ private kennel; 20 dogs use activities. for hunting deer and rabbit 6 doghouses . 2. Boundaries of area covered by site ------ Block 7, Lot 7, Jirou Addi- plan with dimensions. tion; 60 x 150 3. Existing and proposed building locations with: - number of stories; ------------------- not applicable - height; ------------------------------ not applicable - gross floor -area; -------------------- not applicable - entrances and exits. ----------------- not applicable 4. Existing drainage locations and --------- to storm drains in Ewing direction of flow. Street 5. Proposed landscaping and screening ------ no proposal buffers. 6. Location and dimensions of: - curb cuts (existing and proposed) --- existing 12-foot driveway opening from Ewing - public and private streets , showing -- applicant' s lot has access rights-of-way widths; to Ewing - parking and loading areas;------------ none - pedestrian walks; -------------------- none -- exterior lighting; ------------------- none trash storage locations; -------------none 7. Fences or screening provisions ---------- existing 6-foot chain link showing location, type and height. fence surrounds property 8. Sian height, location and dimensions.---- none t Page 4 J + CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if a 1 of the following 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; Surrounding zoning is GC-MD. However, predominant land use is single family residential. Applicant' s use is not conducive to neighborhood viability and detracts from abutting property owner' s enjoyment of property. 2) That the estabblishment of the specic use will not impede the normal and orderly development and improvement of surrounding vacant propertyi Due to existing commercial zoning, proposed use is generall y acceptable. However, surrounding residential area is not bene- fitted by applicant' s use and detracts from continued improve- ment. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities are present and adequate. Site plan indicate existing drainage on property for 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; Driveway access is present and adequate. 5) That adequate nu4sance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Applicant has not indicated measures to provide for control of offensive odors and nuisance noise made by the animals being kept. 6) That directional lightinq will be provided so as not to disturb or ad- versely affect neighboring properties; Site plan shows no proposal for exterior lighting. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with, adjacent property; No landscaping or screening provision included in site plan. 8) That the proposed use is in accordance with the comprehensive plan; Subject area is designated as Conservation and Revitalization. Proposed use is not in accordance with the plan. t • Y /O - N r f 7 ♦ ! ro 11 It 7 / f 10 n, y FILE 949-P. REQUEST FOR A SPECIFIC AS H c E r A VE USE PERMTTFTO OPERATE A KENNEL ON c N PROPERTY DESCRIBED AS BLOCK 7, LOT AND LOCATED 1290 HAZEL. APpLICANT: MATT MATHEWS • I ! l / • , • 1 f I I , • 1 r / 11 • 1 I / n i L it W 2 2 /9 /g IN 12,co i ! /O // y/Z-1 1 I ! ro p // it 7 I f /O I // rg LONG IAVE 7o SO - JO .10 SJ - ~ /� /3 � I � ,Y /5 g cz / ! i 0 7 ♦�S a n Ir 7 • f ro u /r g $7 ♦ ! Av HARRISON AVE g 1 10 10 5' 50 s0 - L Harrison IQ 0 JJ - - 10 10 - 10 I A,I n ALI , i • i 1 r �� I , • � J / �I , • , r / g1 , • 1 r /g — I 9 • i f � /J 7 I / i fW t I 7 /O I - Zs°6 ! IO D // �7 I f/a r HAZEL s0 / ? 1, JO ^ Hazel 10 30 I 10 i ! i 1 i l i t / I ! • ! i t /? ! I ! J / �I 1 I It Ap Z j 5 0 • 1 IO u /rg 7 � r /I g 1 / f ro // r g ^, 97 • / ro // /to N'OFrH = U ^' 10 y0 r M SO -- --- ---- - North - -- -- — - so i 1v e w s� w 70 1ao ,l m so i *o bso J • f t / v I , I ! t / / 7 / , I 11 J / I I q c�7WCNC .i�•.OIJL � � , I f ro // r 7 • I *WE b I // r f A2 n i t 15 N s AN AIC i4OO/N ti I o e I I o v; -foe f'; xi ki e d - w SO ro ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A KENNEL ON PROPERTY LOCATED AT 1290 HAZEL. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit for a kennel on property located at 1290 Hazel, Beaumont, Jefferson County, Texas, to Matt Matthews, property owner, his legal representatives, successors, and assigns for that certain property hereinafter described; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That all conditions necessary for issuance of a specific use permit have been met and a specific use permit for a kennel, on property located at 1290 Hazel, 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 Matt Matthews, property owner, his legal representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2 . That the 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 - October 16 , 1984 6, Council Letter 59 Honorable Mayor and Members of City Council Subject: Request for specific use permit to convert an existing storage building to a garage apartment at 6145 Garner Road. GENERAL INFORMATION Applicant Mike Belovsky Status of Applicant property owner' s son Requested Action specific use permit to convert existing storage shed to garage apartment Existing Zoning RS (Residential Single Family) Location 6145 Garner Road Size 0 . 28 acre Existing Land Use residence and accessory build- ings Surrounding Zoning and Land Use north - RS, residential east - RS (across Garner) , residential south - RS, residential west - RS, residential Physical Features subject lot adjoins relative ' s property on north Comprehensive Plan Neighborhood Growth Unit SPECIAL INFORMATION Public Utilities in Garner Sanitary Sewer: 21 inch line Storm Drainage : open ditch Water: 8 inch line Streets Garner Road is designated as a local residential street and has a 50-foot right-of-way and 18-foot pavement. t Page 2 SPECIAL INFORMATION (cont 'd) Fire Protection Station #8 , 6297 Highway 105 ANALYSIS See Specific Use Permit Review. PLANNING--STAFF RECOMMENDATION Based on the applicant' s compliance with the 8 conditions necessary for specific use permit approval, staff recommends approval of the request. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 22 Responses in Favor of Request 2 Responses Opposed to Request 0 PLANNING COMMISSION RECOMMENDATION F lanning Commission recommended approval of the request for cific use permit by a vote of 6 to 0. =The ty Manager recommends approval of the ordinance. Karl Nollenberger City Manager Page 3 3P C"FOC U33 PERMI T REVIEW ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and------------ existing 20 x 22 foot activities. storage building proposed for conversion to one bed- room apartment 2. Boundaries of area covered by site------ 0 . 282 acre tract out of plan with dimensions. Blocks 5 and 6 , Beaumont Improvement Co. Add. , 95x17 3. Existing and proposed building locations with: - number of stories; ------------------- one - height; ------------------------------ 10-feet -- gross floor area; -------------------- 360 sq. ft. - entrances and exits. ----------------- from Garner Road 4. Existing drainage locations and --------- surface run-off flows east direction of flow. to ditch in Garner 5. Proposed landscaping and screening ------ none buffers . 6 - Location and dimensions of: - curb cuts (existing and proposed) ;---- existing drive: 20 feet - public and private streets , showing -- Garner: 50-ft. right-of- rights-of-way widths; way; 18-ft. pavement - parking and loading areas;------------ parking in driveway area - pedestrian walks; -------------- none -- exterior lighting; -------------------_ - none trash storage locations; ------------- none 7. Fences or screening provisions ---------- 3-foot existing barbed wire showing location, type and height. fence 8. Sian height, location and dimensions.---- none Page 4 CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if all of the following conditions have been found: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; Residential uses in the vicinity of the request will experience no impairment of property values. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Surrounding residential properties will experience no adverse effects from proposed use. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities are present and adequate for 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; Driveway and parking area are adequate for proposed one bedroom apartment. 5) That adequate nu;sance prevention measures have been or will be taken to prevent or control offensive odor, fumes , dust, noise and vibration; None of the five environmental nuisances are generated. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; No directional lighting proposed. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with,adjacent property; Landscaping and screening are not needed to insure compati- bility. 8) That the proposed use is in accordance with the comprehensive plan; The request is in a Neighborhood Growth Unit. a "FILE 951-P. REQUEST FOR A SPECIFIC t " "` PERMIT TO CONVERT AN EXISTING BLDG. S5 rr TO AN APARTMENT LOCATED AT 6145 GARNER ROAD. n � e _ 1 1/200 � - I RS i subject R -S I 6p I I y ` vo \ I / ` ~— D–?/ q IL-T Jw Ar i F l A//NhEF DA • �o u t .257.AG 'IR- 'O. .I L4 FKC.E iL8 1 exlsr+C" 4AKAGE 0" L P I \ S o_ rs w• 01. N `T 1� y SoALE 1'.2d oc 9b' EX137'a I- �� s =T IvRTOVL" E co. I ( -) fY�7 3"�IDG SU15. Ill H.WILLIAMb LG.oL-56AUD I Z4'-O" - l--T SLAtLE T.lortA�xF>R Lv. A-SO JEpI'EeSoN 1, 44 9.2f.'to S•�. G.G.�s,p K.t GAIZ�I�{2 i21�AD S 1 PLA — I � N AGENDA RT NO 4 ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A GARAGE APARTMENT ON PROPERTY LOCATED AT 6145 GARNER ROAD. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit for a garage apartment on property located at 6145 Garner Road, Beaumont, Jefferson County, Texas, to Mike Belovsky, property owner' s son, his legal representatives, successors, and assigns for that certain property hereinafter described; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That all conditions necessary for issuance of a specific use permit have been met and a specific use permit for a garage apartment on property located at 6145 Garner Road, 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 Mike Belovsky, property owner' s son, his legal representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2 . That the 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 - ' October 16 , 1984 7. Council Letter 57 Honorable Mayor and Members of City Council Subject: Request to abandon a 16-foot utility easement in Block 2, Lot 1, Washington Park Addition. GENERAL INFORMATION Applicant James M. Lewis Status of Applicant prospective buyer Requested Action abandonment of 16-foot utility easement Purpose of Request construction of new single family residence Property Description Block 2 , Lot 1, Washington Park Addition i Existing Zoning and Land Use RS, vacant EXISTING UTILITIES 1 The easement is vacant. ANALYSIS All City departments and public utilities have submitted their respective approval. PLANNING STAFF RECOMMENDATION [The staff recommends approval of the request. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 5 to 0 with 1 abstention. kz,Q Karl Nollenberger City Manager t 3 FILE 428-OB. REQUEST TO ABANDON A 16-FOOT UTILITY i EASEMENT IN BLOCK 2, LOT 1, /55 WASHINGTON PARK ADDITION. f APPLICANT: JAMES LEWIS. 4 , 4. n 1/10C S 9740 97 ' 5 � v J � . o \ BOL 8.34 �O IVAR 155 9923 9 0 R:qh subject 6� 52.58 90 99.9 .97 �6 44.179 163 M ti B N 9 2 _ /80.57 90 90 100.57 97 89. 63 90 90 90 " V ./ J J - r � 4 5 /2 2 / ti C / Q 3 4 5 6 7 o h h `-r M 5 3T COR EY A E C RL Ely ^o 6.46 4.- p � > Co o sus �� �a� G.14G g0 9u U ,2 J � 5 �r 6 7 8 / 2 3 4 5 6 7 90.57 9 0 /05 90 90 /35.6/ 120 2 /3 / 2 a •� 12 /3 14 15 16 17 18 AGENDA A R? N0 7 ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 16-FOOT UTILITY EASEMENT IN BLOCK 2 , LOT 1 , WASHINGTON PARK ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS . BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 16-foot utility easement in Block 2 , Lot 1 , Washington Park Addition, Beaumont, Jefferson County, Texas be, and the same is hereby , vacated and abandoned; as shown on the plat attached as Exhibit "A" and that title to such properties shall revert to and become the properties of the persons entitled thereto, as provided by law . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - 8. October 19, 1984 Council Letter 78 Honorable Mayor and Members of City Council Subject: Third and Final Reading of Franchise Ordinance with Liberty Tele- Communications, Inc. The agreement reached between the City and Liberty Tele-Communications , Inc. , with respect to a rate revision, included as a part of the overall package an extension of the term of the franchise until 1999. In addition, as per the agreement, the franchise now includes the language that will cause the compnay to pay a 3 percent fee, based on the gross receipts from all sources within its operation. This contrasts with the present practice of a payment based solely on receipts from basic subscription services. It may be necessary to again defer this item inasmuch as a review of perti- nent federal legislation still needs to be done. In addition, some informa- tion is also forthcoming on this issue from the General Manager of Liberty Tele-Communications, Inc. , Charles Hembree. This is the third and final reading, as required by law. Karl Nollenberger City Manager NO UEN ORDINANCE NO. AN ORDINANCE AMENDING THE FRANCHISE GRANTED TO BEAUMONT CABLEVISION, INC . PREDECESSOR OF LIBERTY T.V. CABLE, INC. ON NOVEMBER 25, 1975, BY INCREASING THE PAYMENTS TO BE MADE THEREUNDER AND BY EXTENDING THE TERM THEREOF. WHEREAS, by ordinance adopted on third and final reading on November 25, 1975, said ordinance becoming effective April 1 , 1976, the City of Beaumont ( the "City" ) granted Beaumont Cablevision, Inc. , the predecessor of Liberty T. V. Cable, Inc. ( the "Company" ) , the franchise ( the "franchise" ) to conduct within the City a cable television business and to use the streets, alleys and public ways of the City for the purpose of conducting such business; and, WHEREAS, the franchise is for a term of fifteen ( 15) years commencing on April 1 , 1976; and, WHEREAS, as compensation for the use of the streets, alleys and public ways of the City, the franchise required the Company to pay the City each year an annual payment equal to three percent ( 3% ) of gross annual basic subscriber revenues received for cable television operations in the City for the preceding calendar year; and, WHEREAS, City and Company desire to amend the franchise by extending the term thereof and by increasing the annual payment made by Company to City as compensation for the use of streets, alleys and public ways of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Section II(4 ) be, and the same is hereby , repealed and removed from the franchise. Section 2 . That Section III( l ) be, and the same is hereby, amended to read as follows: "Upon the filing with the City by Company of the acceptance required hereunder, the franchise, as amended by this ordinance, shall be in full force and effect for a term and period of fifteen ( 15) years from and after April 1 , 1984, or until March 31 , 1999, unless sooner terminated as provided herein. " Section 3 . That Section IX( 1 ) of the franchise be, and the same is hereby, amended to read as follows: "Section IX( 1 ) . The Company shall pay to the City on or before March 31 of each year, a three percent ( 3% ) franchise fee based on the gross receipts of the Company from all sources from its operations within the corporate limits of the City for the preceding calendar year. No other fee, charge or consideration, shall be imposed. Sales taxes or other taxes levied directly on subscription basis and collected by the Company shall be deducted from the gross receipts before 2 - t I computation of sums due the City is made. The company shall provide an annual summary report showing the gross receipts of the Company from all sources from its operations within the corporate limits of the City during the preceding calendar year. " Section 4 . That all provisions of the franchise adopted on third and final reading on November 25, 1975, except those sections amended herein which are hereby adopted as amended, shall remain in full force and effect and shall not be affected by passage of this ordinance. Section 5 . Company shall, within thirty ( 30) days from the date of the final passage of this ordinance by the City Council of the City of Beaumont, file with the City Clerk of the City of Beaumont, a written statement signed in its name and behalf in the following form: "To the Honorable Mayor and the City Council of the City of Beaumont: Liberty T. V. Cable, Inc. , for itself , its successors and asigns, hereby accepts the attached ordinance finally passed by the City Council of the City of Beaumont, the day of 3 - 1984, and agrees to be bound by all of its terms and provisions. LIBERTY CABLE T. V. , INC . By Dated this the day of 19 Section 6 . The full text of this ordinance shall, after final passage by the City Council of the City of Beaumont, be published once each week for four ( 4 ) consecutive weeks in a newspaper of general circulation published in the City of Beaumont, and the expense of such publication shall be borne by Company. Upon said publication being completed and the acceptance of this ordinance by Company is herein provided, this ordinance shall take effect sixty-one ( 61 ) days after its adoption on third and final reading by the City Council of the City of Beaumont. PASSED First Reading on the day of 19 PASSED Second Reading on the day of 19 PASSED Third and Final Reading on the day of , 19 . PASSED AND APPROVED this the day of 19 - Mayor - 4 - t 9. October 19, 1984 Council Letter 61 Honorable Mayor and Members of City Council Subject: Purchase of Stakebody Trucks The City of Beaumont received bids from five vendors for the purchase of a 1-1/2 ton and a 2-ton stakebody truck for the Parks and Recreation Depart- ment. These units will be used by the Parks Department for their light duty hauling needs within and between the parks here in the City. Bids were re- ceived from the following vendors: 1-1/2-Ton 2-Ton Kinsel Ford $16,692.00 $21,217.00 Tidelands International N/B 24,448.86 Ray Bernard Olds 18,461.00 22,929.00 Beaumont Motor Company 18,710.65 22,203.94 The Truck Ranch 16,922.21 21,776.30 The quote of Kinsel Ford Company was the low bid at $16,692. for the 1-1/2- ton truck and $21,217 for the 2-ton truck. Funds for this purchase were budgeted and are available within the Fleet Replacement Fund. It is recommended that this resolution be approved. �4_ t�« 1y_ Karl Nollenberger City Manager jW AGEND A ffTE7ff NO.____ 9 R E S O L U T I O N WHEREAS, bids were received for the purchase of a 1 1/2 ton and a 2 ton stakebody truck to be used by the Parks and Recreation Department; and, WHEREAS, Kinsel Ford submitted a bid in the amount of $16 ,692 for the 1 1/2 ton truck and $21 , 217 for the 2 ton truck ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Kinsel Ford 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 Kinsel Ford in the amount of $16 ,692 for the purchase of a 1 1/2 ton stakebody truck and $21,217 for the purchase of a 2 ton stakebody truck is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - .s� . 10. October 19, 1984 Council Letter 65 Honorable Mayor and Members of City Council Subject: Six-Month Contract for Sand Cement Bids were received from five vendors for a six-month contract for 1-1/2 sack per ton and 2 sack per ton sand cement for use by the Street, Drainage and Water Departments. Our last year' s usage of this material was approximately 2,300 tons. This material is used in ditches to stabilize the soil prior to pipe being laid by these divisions. Bids were received from the following vendors: 1-1/2 Sack 2 Sack Roy Hunter Equipment Co. $14.60/ton $16.60/ton Keown Supply Co. 13.80/ton 15.80/ton Troy Dodson 11.85/ton 13.85/ton Radcliff Materials, Inc. 13.50/ton 15.50/ton Beaumont Sand and Equipment, Inc. 9.25/ton 11.75/ton We estimate approximately the same usage for the next six months. The monies required for these purchases , some $22,000, are available within the respective departments' 1984/85 budgets. It is recommended that the bid of Beaumont Sand and Equipment, Inc. be approved. Karl Nollenberger City Manager w AGEMA ZrM NO O R E S O L U T I O N WHEREAS, bids were received for a six months contract for 1 1/2 sack per ton and 2 sack per ton sand-cement; and, WHEREAS, Beaumont Sand and Equipment, Inc. submitted a bid in the amount of $9 .25 for 1 1/2 sack and $11 .75 for 2 sack per ton; and, WHEREAS, the City Council is of the opinion that the bid submitted by Beaumont Sand and Equipment, 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 Beaumont Sand and Equipment be accepted by the City of Beaumont, and the City Manager be, and he is hereby, authorized to enter into a six months contract with Beaumont Sand and Equipment, Inc. in the amount of $9.25 for 1 1/2 sack per ton and $11.75 for 2 sack per ton sand-cement. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - 11. October 19, 1984 Council Letter 64 Honorable Mayor and Members of City Council Subject: Purchase of Voltage Regulator As was discussed with the Council during this year's budget workshops , one of the major problems in running our Data Processing systems has been the stability of the power received to the computers. An acceptable option that is used by many Data Processing shops is the purchase of a voltage regulator to help smooth out the peaks and valleys in the incoming power to the computers. We have now received bids from three vendors on a voltage regulator for Data Processing. These bids are: Texas Specialty $13,974 Helena Laboratories 13,000 Gulf Coast Electric Co. , Inc. 11,132 The money for this important protective device is available within the budget of the Management Information Services Division. It is recommended that the bid of Gulf Coast Electric Co. , Inc. be awarded as the lowest and best bid received for this equipment. 42S qaLA!�, Karl Nollenberger City Manager y V AGENDA IT, NO / / R E S O L U T I O N WHEREAS, bids were received for the purchase of a voltage regulator; and, WHEREAS, Gulf Coast Electric, Inc. of Beaumont, Texas submitted a bid in the amount of $11 , 132; and, WHEREAS, the City Council is of the opinion that the bid submitted by Gulf Coast Electric, 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 submitted by Gulf Coast Electric, Inc. in the amount of $11,132 for the purchase of a voltage regulator is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1984. Mayor - 12. October 19, 1984 Council Letter 73 Honorable Mayor and Members of City Council Subject: Employment of ARE, Inc. for Development of Comprehensive Street Management Program At last week's Work Session, Council discussed in detail the reasons for and the parameters within which a Comprehensive Street Management Program would be developed for the City of Beaumont (Council Letter 40 is attached) . It was a consensus that this program is needed for improved planning of maintenance activities, as well as improved forecasting of costs associated with street upkeep. The firm of ARE, Inc. submitted a proposal for the work at a cost not to exceed $80,000. Monies for this expenditure are in the 1984-1985 Capital Improvements budget recently approved by Council . It is recommended that this resolution be approved. rn Karl Nollenberger City Manager A , WAS October 12, 1984 1. Council Letter 40 Honorable Mayor and Members of City Council Subject: Comprehensive Street Management Program On June 26, 1984, the Urban Transportation Department requested engineering proposals from qualified engineering firms for the purpose of developing a comprehensive street management program. The purpose of the program is to evaluate current conditions, identify types and costs of maintenance techni- ques to be used, and establish a system of improvements. Five engineering firms that are recognized as specialists at working with municipalities to furnish street management programs were contacted. No local engineering firms possessed the street management experience and ex- pertise required. The engineering firms contacted were informed that we desired to consider a full range of maintenance techniques that would include rehabilitation, pothole patching, local pavement replacement, seal coating, joint sealing, shoulder repair, inlet and curb replacement, sidewalk repair, structure painting and railroad crossing repair. The program was to include an inventory of approximately 600 miles of City streets , an evaluation of the streets by sections and a priority rating based on existing conditions. The initial inventory and evaluation will also recommend the specific type(s) of maintenance for each street and the financial implications of alternative maintenance programs. The planned program will include a means for monitoring the street system using City personnel ; therefore, training of City personnel is an important aspect of the program development. Proposals have been reviewed by the Urban Transportation Department. Consi- deration of the proposals was based on compliance with the specific goals outlined in the request and financial commitment. Cost estimates to furnish the desired program varied with each proposal depending on the input of City personnel and ranged from $25,000 to $531,200. Proposals were received from engineering firms listed below: ARE, Inc. ; Austin, Texas Breut Raubut Engineers, Inc. ; Austin, Texas ERS, Inc. ; Champaign, Illinois Novak, Dempsey and Associates, Inc. ; Palestine, Illinois Pavement Management Systems, Inc. ; Denver, Colorado Council Letter 40 October 12, 198ZF- Page 2 The following firms appear to have presented the best proposals: 1. ARE Inc.; Austin, Texas 2. Breut Rauhut Engineers, Inc. ; Austin, Texas While all of these firms are qualified to perform the work, they are listed in rank preference as determined through a staff selection process. Both of the firms listed above offered services within a desired time frame and for reasonable fees, and would utilize City personnel in a training program. The proposals offered to complete the project within two months for fees not to exceed $80,000 if City personnel are utilized. It is recommended that this resolution be approved. 12, & Karl Nollenberger City Manager cc: Robert Nachlinger, Finance Officer Joe Ternus, Urban Transportation Director AGENDA IPTFA R E S O L U T I O N WHEREAS, bids were received for engineering services in relation to the development of a comprehensive street management program for the City of Beaumont; and, WHEREAS, ARE, Inc. of Austin, Texas submitted a bid in an amount not to exceed $80,000 if city personnel are utilized; and, WHEREAS, the City Council is of the opinion that the bid submitted by ARE, 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 ARE, Inc. be accepted by the City of Beaumont and the City Manager be, and he is hereby , authorized to enter into a contract with ARE, Inc. in an amount not to exceed $80,000 if city personnel are used, for the development of a comprehensive street management program for the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - 13. October 19, 1984 Council Letter 71 Honorable Mayor and Members of City Council Subject: Standards for Reduction of Minimum Rights-of-Way The City Code currently requires all the construction or reconstruction of streets to be in accordance with the official street and highway plan. One feature of the plan is the establishment of rights-of-way widths. Since the Transportation Improvement Program was authorized, City street pro- jects have been designed based on existing and anticipated traffic needs. Con- certed efforts were made to minimize the acquisition of land and structures in developed areas because of the negative impact on citizens ' homes and busi- nesses. Projects, such as Dowlen Road, Sarah Drive, College Street, Highland, and Concord Road have been constructed or are being designed using street rights-of-way widths less than those indicated in the street and highway plan. Since it is not desirable to unnecessarily acquire citizens' land, it is sug- gested that the City Code be amended to allow exceptions to the general intent of the ordinance. Section 23-9 is recommended to read as follows: Sec. 23-9. Conformance to plan and standards in construction of streets. All streets within the City and those within the extra- territorial jurisdiction of the City shall be constructed or reconstructed in accordance with the official street and highway plan of the City, the official street con- struction standards of the City, and the official street construction specifications of the City. However, re- duction in the right-of-wa 'widths as established b the offic'ia street and highway plan of the City may be ap- proved by the City Manager based on engineering consi- derations related 'to existing structures and land de- velopment. (The underlined phrase is the new addition to the code. ) This amendment would allow the street and highway plan to be used as a reasonable standard and allow deviation to be made from the right-of-way re- quirements for arterial and collector streets which are presently mandated in all cases under our Code. It is recommended that this ordinance be adopted. i�s r\i ,Qt,�8L, Karl Nollenberger City Manager NO— 4L ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 23 , SECTION 23-9, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE STANDARDS FOR THE REDUCTION OF MINIMUM RIGHTS-OF-WAY; PROVIDING FOR SEVERABI LITY, PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 23, Section 23-9 of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended to read as follows: Section 23-9: All streets within the city and those within the extraterritorial jurisdiction of the city shall be constructed or reconstructed in accordance with the official street and highway plan of the city, the official street construction standards of the city, and the official street construction specifications of the city. However, reduction in the right-of-way widths as established by the official street and highway plan of the city may be approved by the City Manager based on engineering considerations related to existing structures and land development. Section 2 . That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall in no wise affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1984. - Mayor - 2 - 14. October 19 , 1984 Council Letter 79 Honorable Mayor and Member of City Council Subject: Entex Rate Increase On September 28 , 1984, Entex filed a request for an increase in natural gas rates in the city of approximately $1 .57 million. The effective date of that increase was suspended until February 4 , 1985 to allow the city time to study the request. We have obtained proposals from three rate consultants for this rate study. Those consultants are: 1 . Touche Ross & Company 2 . James P . Jansen, C .P.A. 3 . Bill R. McMorries & Associates, Inc. All consultants are qualified and propose a similar review; however, we are recommending the retention of Touche Ross & Company . Touche Ross has performed all similar analysis for the city in the past and has done an excellent job in review, negotiation and analysis of Entex' s Beaumont operations. Touche proposes a two-step review process which could, based on our decision to proceed with the second step, result in a fee of $5,000. If the second step option is necessary , the maximum fee would be $20,000. The attached resolution authorizes the retention of Touche Ross & Company as our rate consultant and it is recommended that the resolution be adopted. �. l Karl Nollenberger City Manager � M ` TT - = 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 retain the firm of Touche Ross & Company as rate consultants in relation to the Entex Rate Increase request for a fee not to exceed Twenty Thousand Dollars ($20,000) . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 15. October 19, 1984 Council Letter 76 Honorable Mayor and Members of City Council Subject: Agreement with National Center for Municipal Development On a yearly basis, Council is asked to approve a contract with the National Center for Municipal Development covering the services provided by Carolyn Chaney, our person in Washington. I have attached a copy of a letter from Mrs. Chaney which describes in ex- cellent fashion the broad scope of services provided to the City. Since my arrival in Beaumont, I have had numerous occasions to work with Mrs. Chaney and I can state unequivocally that the staff support provided us is excellent and well worth the cost. The money for this expenditure, $32,745 plus a-maximum of $4,000 in reim- bursable expenses , are included in the 1984-1985 budget. It is recommended that this resolution be approved. Na Karl Nollenberger City Manager National CITY OFFICES IN WASHINGTON Center 1620 Eye Street, N.W., Suite 300 Or Municipal Washington, D.C. 20006 Development 202-429-0160 October 10, 1984 Mr. Karl Nollenberger City Manager City of Beaumont p'cTFI(1�'n P. O. Box 3872 Cit.Yof �2 79 84 Beaumont, TX 77704 �� C/ ec7Lrn Dear K a r l : fi} 0 ice 8ers .� As we discussed on the telephone, enclosed is —year contract for the continuation of my services as the City' s Washington Assistant. I look forward to my annual visit to discuss the upcoming year ' s agenda, particularly with the renewed efforts to work on the revitalization of downtown and the diversification of the economic base of the City. This past year has been active for me on behalf of the City, although not all the projects met with immediate success. My strongest role this year was to gather and transmit information on all topics and projects of concern to the City. The Kyle Urban Development Action Grant project had some techni- cal difficulties, as you know, which had to be dealt with in Washington in order for it to go forward at all . In addition, although the project did not actually reach conclusion, the City was able to retain the funding for the Market Square UDAG way beyond what seemed possible given the shortage of funding in the program. I believe the City has made inroads into the Economic Development Administration particularly the Title IX program and will reap the benefits over the coming year. In addition, a number of programs from the Small Business Administration have been highlighted over the last year which may be of benefit to the City over time. On the legislative front, the Congress has not completed action on the Outer Continental Shelf Revenue Sharing bill . It appears that even if it is passed, the President will pocket veto the bill . Proponents of the legislation believe that it will be reviewed again early next year. The cable and anti—trust bills also are still not completed but are expected to pass before the Congress adjourns. Next year legislation of interest to the City should center on transportation, both highway and mass transit, as well as infra- structure rehabilitation programs. The various housing programs and demonstrations are always emerging with most likely an active discussion over the fate of h t e Urban Development Action Grant Founded in 1966 as the MAN IN WASHINGTON SERVICEM by the NATIONAL LEAGUE OF CITIES and the UNITED STATES CONFERENCE OF MAYORS and demonstrations are always emerging with most likely an active discussion over the fate of the Urban Development Action Grant and Community Development Block Grant Programs. There is a wide belief that OMB Director David Stockman will try to rescind the remaining FY 1985 funds for many domestic programs while elimi - nating them entirely in the FY 1986 budget, usually announced at the end of January, 1985. Other topics which we have done initial research on for the City have included health programs and their various financing mech- anisms, Section 108, 20 year loan guarantee demonstration pro- gram, library and museum funding, SBA Mainstreet program, as well as numerous census data requests. The recent addition of our computer communications network, I believe, has increased substantially our ability to effectively work on projects in a timely way and enhance Beaumont ' s position to deal with Washington problems and issues. The enclosed one—year contract includes a four percent increase with the reimbursement expenses remaining the same as it has for the last three years. I look forward to seeing you in the next couple of weeks and have certainly enjoyed working with you over the last year. Sincerely, Carolyn C. Chaney Washington Assistant Enclosure 7 iVQ /S' 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 one ( 1 ) year renewal contract with the National Center for Municipal Development to provide the services of a Washington assistant for the City effective November 1 , 1984 through October 31 , 1985 at a cost of $32,745, payable in equal monthly installments of $2 ,728 .75, plus reimbursable expenses not to exceed $4 ,000. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - 16. October 19 , 1984 Council Letter 74 Honorable Mayor and Member of City Council Subject: Junked Motor Vehicle Ordinance Recent changes in the state law regulating junked motor vehicles has mandated that our ordinance be amended to comply with the requirements of the state law . Other than minor definitional amendments, the major change in the state law is a requirement that the city obtain a court order for removal of a junked motor vehicle prior to the removal of that vehicle. These orders may be obtained from our municipal magistrate in the course of a criminal prosecution for violation of the junked motor vehicle 1 aw . It is believed that these changes will not have a serious effect on the efficiency of the enforcement of our ordinance against violators and may , in fact, result in a more efficient system for dealing with junked motor vehicles. The following changes are proposed in order to bring our ordinance in compliance with state law: Section 13-15(A) 2, the definition of antique auto has been amended to add the underlined phrase, "A passenger car or truck that was manufactured in 1925 or before or a passenger car or truck that is at least 35 years old. " 13-15(B) previously read as follows: "The presence of any junked motor vehicle which is located in any place where it is visible from a public place or public right-of-way is declared a public nuisance; and it shall be unlawful for any person to cause or maintain such a public nuisance on the real property of another or to suffer, permit or allow any junked motor vehicle to be parked, left or maintained on its own real property, provided that this section shall not apply with regard to: . . . ." This section has been amended to read as follows: "A junked vehicle that is located in a place where it is visible from a public place or public right-of-way , is detrimental to the safety and welfare of the general public, tends to reduce the Council Letter 74 October 19 , 1984 Page 2 value of private property, invites vandalism, creates fire hazards , constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the state by producing urban blight adverse to the maintenance and continuing development of the municipalities in the state, and is a public nuisance. This section shall not apply with regard to. . . ." The existing ordinance separated the notice require- ments for owners of junked motor vehicles, depending on whether the vehicle was located on public or private property. These notice requirements have been combined into a single notice requirement. The notice requirements remain the same . Section 13-15(D) states that upon a request by the owner within ten ( 10) days after service of notice, a public hearing must be held before the municipal magistrate. The word "public" has been added. Section 13-15(G) is a new provision which requires that if the owner of the vehicle does not request q a hearing within - g wi n a ten-day period, the city is required to file a formal complaint concerning the violation in municipal court. Section 13-15(H) is a new provision which requires that a court order for removal of a junked motor vehicle or vehicle part must include a description of the vehicle or vehicle part and the correct identifi- cation number and license number if that information is available. The remaining sections of the ordinance are substantially the same except for renumbering. It is recommended that this ordinance be adopted. �Zz'Vv� Karl Nollenberger City Manager No_ / 6 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 13, SECTION 13-15 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING JUNKED MOTOR VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 13, Section 13-15 of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended to read as follows: Sec. 13-15. Junked motor vehicles. (A) When not inconsistent with the context, words used in the present tense shall include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. ( 1 ) Junked motor vehicle means any motor vehicle as defined in Section 1 of Article 670ld-11, Vernon' s Texas Civil Statutes, as amended, that: ( a) Is inoperative, does not have lawfully affixed to it both an unexpired license plate or plates and a valid motor vehicle safety inspection certificate, and that is wrecked, dismantled, partially dismantled, or discarded; or (b) Remains inoperable for a continuous period of more than one hundred twenty ( 120) days. ( 2 ) Antique auto means a passenger car or truck that was manufactured in 1925 or before or a passenger car or truck that is at least thirty-five ( 35) years old. ( 3 ) Special interest vehicle means a motor vehicle of any age which has not been altered or modified from original manufacturer' s specifications and, because of its historic interest, is being preserved by a hobbyist. (4 ) Collector means the owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or I antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. ( B) A junked vehicle that is located in a place where it is visible from a public place or public right-of-way , is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards , constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the state by producing urban blight adverse to the maintenance and continuing development of the municipalities in the state, and is a public nuisance. This section shall not apply with regard to: ( 1 ) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; ( 2 ) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with a business of a licensed vehicle dealer or a licensed junkyard; or, ( 3 ) Unlicensed, operable or inoperable antique and special interest vehicles stored by a collector on his property, provided that the vehicles and the outdoor storage areas are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means. (C) For abatement and removal of a public nuisance from private property, public property or public right-of-way within the city, the city manager or his designee shall send notice to the owner of the junked motor vehicle and the owner or occupant of the premises where the nuisance exists if on private property, or the owner or occupant of the premises adjacent to the public right-of- way on which the nuisance exists. The notice shall state the following: ( 1 ) The nature of public nuisance; ( 2 ) That it must be removed and abated within ten ( 10) days; ( 3 ) That if a hearing is desired, before the removal of that vehicle or vehicle part, a request for such hearing shall be made before expiration of the ten-day period; and 2 - t (4 ) That the owner shall request, either in person or in writing, the clerk of the municipal court to set a date and time of hearing. The notice must be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record, and the owner or occupant of the private property, public property, or public right-of-way on which the public nuisance exists. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten ( 10) days after the date of the return. ( D) If a hearing is requested within ten ( 10) days after service of notice, a public hearing must be held before the vehicle or vehicle part is removed. The hearing shall be held before the municipal magistrate as provided herein. ( E) The municipal magistrate shall conduct hearings brought before said court, as set out herein, and shall determine whether the defendant is in violation of this section. Upon a finding that said defendant is in violation of this section, said defendant shall be deemed guilty of a misdemeanor and subject to a fine in accordance with the penalty provision hereinafter set forth in Beaumont Code of Ordinances, Section 1-8. The magistrate shall further order such defendant to remove and abate said nuisance within ten ( 10) days, the same being a reasonable time. If the defendant shall fail and refuse, within said ten ( 10) days, to abate or remove the nuisance, the magistrate may issue an order directing the city manager or his designee to have the same removed, and the city manager or his designee shall take possession of said junked motor vehicle and remove it from the premises. The city manager or his designee shall thereafter dispose of said junked motor vehicle in such manner as the city council may provide. (F) If , within ten ( 10) days after receipt of notice from the city manager or his designee, to abate the nuisance, as herein provided, the owner of the junked motor vehicle or owner or occupant of the premises shall give his written permission to the city manager or his designee for removal of the junked motor vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of this section. (G) If a hearing is not requested within the ten-day period provided by subsection ( c) and the nuisance is not removed and abated by the persons notified, the city shall file a complaint concerning the public nuisance in municipal court. (H) If there is a junked motor vehicle, as herein defined, on premises that are occupied, and neither the owner of the premises nor the owner of said vehicle can be found and notified to remove 3 - same, then, upon a showing of such facts to the municipal magistrate, the court may issue an order directing the city manager or his designee to have the same removed, and the city manager or his designee shall take possession of said junked motor vehicle and remove it from the premises. The order requiring the removal of a vehicle or vehicle part must include a description of the vehicle and correct identification number and license number if the information is available at the site. The city manager or his designee shall thereafter dispose of said junked motor vehicle in such manner as the city council may provide. ( I ) within f ive ( 5 ) days after the date of removal of any vehicle under this section, notice shall be given to the Texas Highway Department. Said notice must identify the vehicle or vehicle part thereof removed. (J) After a vehicle has been removed, it shall not be reconstructed or made operable. ( K) This section will be administered by regularly salaried full-time employees of the city, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. Section 2 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4 . 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. 4 - I s PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - 5 - CONSENT AGENDA OCTOBER 23, 1984 * Approval of Minutes. a. A resolution authorizing purchase and installation of chain link fence around St. Theresa Hospital . b. A resolution approving employment of an Assistant City Attorney. c. A resolution authorizing execution of a Lease Assignment. d. A resolution authorizing purchase of two parcels of property for the Highland Avenue TIP Project. e. A resolution authorizing sale of surplus City-owned property. f. A resolution accepting for City maintenance water, sanitary sewer, storm sewer and street improvements constructed in Griffing Park Unit II. g. A resolution accepting for City maintenance water, sanitary sewer, storm sewer and street improvements constructed in Plaza 10 Addition. h. A resolution authorizing final payment to the contractor for improvements on Alice Keith Park. i. A resolution amending a Community Development Block Grant Historic Preservation sub-recipient contract agreement. j. A resolution making committee appointments. s v a. October 19, 1984 Council Letter 66 Honorable Mayor and Members of City Council Subject: Installation of Chain Link Fence Bids were received on October 15th for the installation of a 6-foot chain link fence with a pitched barbed wire top and one gate to be installed around St. Theresa Hospital . The Fire Department has recommended that this vacant build- ing be fenced to deny access to vagrants as the building has become a fire hazard. The department staff feels that this expenditure is warranted to re- duce the danger of fire in this locale. The money is available within the budget of the Fire Department. We received bids from eleven vendors for ap- proximately 650 feet of fence. Bids were received from the following: Allstate Fence $1,846.00 Hurricane Fence 2,168.00 Bar-Tex Construction 2,285.00 A-1 American 2,340.00 United Fence 2,445.00 Acadian Fence 2,494.00 Hagan Fence 2,537.50 Allied Supplier 2,528.00 Brown Fence 2,784.40 Quad Co. Services 3,976.50 Lyons Construction 4,950.00 It is recommended that this resolution, awarding the bid to Allstate Fence in the amount of $1,846, be approved. Karl Nollenberger City Manager f NO- �.-. R E S O L U T I O N WHEREAS, on October 15, 1984, bids were received for the installation of a chain link fence with a pitched barbed wire top and one gate to be installed around St. Theresa Hospital; and, WHEREAS, Allstate Fence Company of Beaumont, Texas submitted a bid in the amount of $1 ,846 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Allstate Fence Company 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 Allstate Fence Company in the amount of $1 ,846 for the installation of a chain link fence with a pitched barbed wire top and one gate around St. Theresa Hospital is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - b. October 19 , 1984 Council Letter 75 Honorable Mayor and Member of City Council Subject: Appointment of Senior Assistant City Attorney The charter of the City of Beaumont provides that the city attorney shall have the power to appoint such assistants as may be deemed necessary by him subject to approval of the city council at such compensation as fixed by the council . As discussed with you some months ago, the city attorney has appointed Paul Higgins, presently serving as the city attorney in Tyler, Texas, as senior assistant city attorney in Beaumont. Mr . Higgins is scheduled to start work November 19 , 1984 . The attached resolution approves the appointment of Mr. Higgins and sets his compensation at grade 26, step 6 , which is $3578 per month. Additionally , the resolution authorizes the reimburse- ment of moving expenses not to exceed $1200. It is recommended that the resolution be adopted. �)K t'kkL� Karl Nollenberger City Manager • r ITEM !HO R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the appointment of Paul Higgins as Sr. Assistant City Attorney for the City of Beaumont is hereby approved effective November 19 , 1984 and his compensation is set at Grade 26 , Step 6 , which is $Three Thousand Five Hundred Seventy-Eight Dollars ( $3 ,578 ) per month; the city is hereby authorized to reimburse Mr. Higgins' moving expenses in a sum not to exceed Two Thousand Five Hundred Dollars ( $2 ,500) . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - C. October 19, 1984 Council Letter 63 Honorable Mayor and Members of City Council Subject: Lease Assignment on Property Acquired for Crockett Connector Project On August 7, 1984, Council passed a resolution authorizing the purchase of Parcel 7 of the Crockett Connector Project out of the Noah Tevis League, as shown on the attached sketch. When the City purchased the property for right-of-way and off-street parking purposes, the seller, First City National Bank of Beaumont, had the property under lease to Allright Beaumont Company. This company wishes to continue this lease until such time as the City requires this property for construc- tion of the project. Under the terms of the lease, the Lessee provides in- surance (which has been transferred from the Bank to the City) , to the Lessor and the Lessor receives each month a "percentage rental" of an amount equal to fifty percent of the gross receipts as defined by the agreement. There is also provided a cancellation clause allowing for termination of the agreement by either party upon giving of thirty days written notice of their intention to terminate. It is recommended that this resolution be approved. k) n�,, Karl Nollenberger City Manager CALDER 3 0 Q J w o 3 MULEIERR) � z Q o a BROADWAY A � Fq� � LIBERTY G� Y tis X ell LAUREL 2F cry vi ��� i� �r r•o w E; z CROCKETT CONNECTOR Q do W - PARCEL ? ,•, a i �+o o cr A I. 0391 AC. TR. �/ a g ' r IN THE NOAH TEVIS LGE . A- 2 ��� � < c qccm f r 9 - 1 - 82 l c cu I I �� ao IT I oa Urban Trans. Dept, — Engineering Dept. AGEND44 ITS NO R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to execute a lease assignment between First City National Bank of Beaumont, Allright Beaumont Company and the City of Beaumont to enable the city to continue to lease property which was purchased by the City from First City National Bank of Beaumont for the Crockett Connector Project until needed for construction purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - d. October 19, 1984 Council Letter 70 Honorable Mayor and Members of City Council Subject: Highland Avenue TIP Project Property Acquisition The City Council approved hiring of appraisers on May 8, 1984, to establish values for the purchase of right-of-way required for the Highland Avenue Thoroughfare Improvement Program Project. Highland Avenue will be improved by providing a four-lane facility with protected left turn lanes at two major intersections, Florida Avenue and Lavaca Street. The appraisals and negotiations have been completed on Parcels 6 and 17. The owners have agreed to sell these tracts at the appraised values. Parcel 6: 0.012 acres out of Lots 4 and 5, Block 2, South Park Addition for $950. Owner: Believers Outreach Christian Center, Inc. Parcel 17: 0.003 acres out of Lots 1 and 2, Block 10 of the Backett Addition for $150. Owners: Mrs. Pearl F. Diamond Mrs. Helen F. Liebling David Falkowitz Max Falkowitz Mrs. Hattie Falkowitz Mrs. Jessica F. Dworkin These are the fourth and fifth tracts purchased of sixteen needed for the project. It is recommended that this resolution be approved. Karl Nollenberger City Manager i� LN . • , —� R L"9�°V �^.N•R0.10, �♦LLf�C��Jls�� \\ ���CCL,�C��O�❑^�"�� LOCATION MAP _L 'r� r� ��r" �r�l❑ '�� °s<s SCALE: N.T.S. ^ �'' �e rEs ��^' �T a in 20JAOf1_wj U Ew51TY•'\ —fir ^�•\ �I ...¢���SL'� � E i IRYIR111.I:r.(.••-1 a={»f.7r— ClAR0. i2 cl>i C 0 IL,QC •-'Y,�l� •1�� lmo (�•A A,11JU d. fd". E G♦•aO i � 1� 21 .<OVYI�I^wgig g Ell- .A FLORIDA � fo cccy o¢ J ry u o' Co LoT 3 2 .9'rNOC r LoT Q IZ&27- 2 h ,oa•v /" 72, ti 9 n .Covc. •5civ�j.� "' � ��' K It Lei �� � :sn7°an a i_s-.'4� x,0000' 1 /I�Mwe•�/ (�"LOLNQC ♦ Q 0 '/ �E n:pT .0'.2/w) �DF\ •: T.e..cT�...,c Lm.a . O fITTZ >` A✓o.9uiG/Jsx<,is�°Ae AO.O/2�.7G.T<k� PARCEL 6 out of Lot 4 a 5, Block I of the South Park Addition r LOCATION MAP _ I�(,�«I ». —� o • �. SCALE: N.T.S )�In'Ih_y <e �r� 1KE.11.u�Dul[SI'.1C'.%� � �If�1III�;III��cc��--,,�' ^VJU '\ �NDJL-'I +1:.\\w Z �L, I Gc./✓c¢ wciL ZoT .9705 "`.69'J6' —9'795 vZ sO'� — =N/�%4 1 c I n I (loo ,ejw� T�iq/xi✓a L.c.o r<� -rr �9�6 9996 PARCEL 17 out of Lot I & 2, Block 10 of the Hackett Addition r� RITEX NO R E S O L U T I O N WHEREAS, an agreement has been negotiated for the purchase of property needed for the Highland Avenue T.I .P. Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the following parcels of land are hereby approved: Parcel 6 : 0 .012 acres out of Lots 4 and 5 , Block 1 , South Park Addition Owner: Believers Outreach Christian Center, Inc. Value: $950 Parcel 17 : 0 .003 acres out of Lots 1 and 2 , Block 10, of the Hackett Addition Owners: Mrs. Pearl F . Diamond Mrs. Helen F . Liebling David Falkowitz Max Falkowitz Mrs. Hattie Falkowitz Mrs. jessica F . Dworkin Value: $150 PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - r e. October 19, 1984 Council Letter 68 Honorable Mayor and Members of City Council Subject: Sale of City Surplus Property The owner of the property adjacent to a parcel of City-owned surplus property requested the City to sell the 3,782.7 square-foot tract of land located on the northwest corner of Carroll and Burt Street, as shown on the attached sketch. This tract of land resulted from whole takings for right-of-way purposes for improvements to Buford and Carroll Streets as part of the Citizens Activities Program, and is an uneconomic remnant in that it is incapable of being used independently as zoned and by law may be sold to the abutting property owner, Mr. Lucius Chatman, without being sold by public bid to the highest bidder. The abutting property owner has agreed to pay $1,050 for the property. City Departments and utility companies have been notified and have no objections to this sale. It is recommended that this resolution be approved. Karl Nollenberger City Manager ' ti s �t�VER © ®® �o Ll� I ��.IITVR © �o,< � waQ a R A N rA 4 ~ ;S rlia t 1�� l• ■� sr' 2 2 !. ,1'• k"1 Z G.W14nw4 l�L .! 0 L d N Z L f 1:0 t tru1���0 a '�•� GR AN GRANT • �J Nr_i ❑® a` � yam sNa �® sun W :' ❑� T�URi9 M4 D1 DN © w E:EI EE_3_IIJE VAN iciv ol��� CO •CEE�« . � r- �- voaAtE N.T.S. EV NhRFOOT AL M o za 4 I 3 P .. ., 7L, i /00 W TA OR O lo:LO Cu.22 25 :30 3 4 6 6 6 6 6 6 6 6 5 [1) Q N. 1 ?2Qi 76 5 4 3iP ! O 9 J 29 �z7 � �7 127 13� � � O f ¢ Of �20 19 18 17 5 i"=ioo € � I X 49 50 1-1 5,0 50 y I V zn ITT i .50 �. 48147 4 '451 44 14 9 I� 10 f 14 13 12 J 41 i0 50 1 I T B 9 10 if P 3 4 5 i PROPOSED SELL OF CITY OWNED PROPERTY Lots 29 8, 54, Plot H out of the David Brown League of, the City of -Beaumont _; A � New --- R E S O L U T I O N WHEREAS, the parcel of land described in the general warranty deed attached hereto as Exhibit "A" was originally acquired for Buford and Carroll Street right-of-way purposes and is no longer needed by the City of Beaumont; and, WHEREAS, said parcel of land, because of its size and shape, is incapable of being used independently as zoned and is an uneconomic remnant and should be sold to the abutting property owner; and, WHEREAS, the abutting property owner is Mr. Lucius Chatman, of Beaumont, Jefferson County, Texas; and, WHEREAS, Mr. Lucius Chatman has agreed to pay the City of Beaumont $1 ,050 for said property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute, for and in behalf of the City of Beaumont, a general warranty deed in substantially the form attached hereto as Exhibit "A" and in consideration of $1 ,050. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - f. October 19, 1984 Council Letter 67 Honorable Mayor and Members of City Council Subject: Griffing Place Unit II Final inspection of water, sanitary sewer, storm sewer and street improvements constructed in Griffing Place Unit II was made by the Urban Transportation and Water Utilities Departments. These improvements were found to be constructed in accordance with City of Beaumont standards. Street Improvements Broadleaf Drive from Griffing Road approximately 1,838 feet in a southwesterly direction. Yucca Drive from Broadleaf Drive approximately 105 feet east. Palmetto Drive from Broadleaf Drive approximately 125 feet east. Japonica Drive from Broadleaf Drive approximately 174 feet east. Water Improvements Lots 4-29, Block 5 Lot 2, Block 6 Lots 1-3, Block 7 Lots 1-12, Block 8 Lots 1-6, Block 9 It is recommended that these improvements be accepted for City maintenance. 0 r4A-L Karl Nollenberger City Manager • GUESS ROAD dt O OQ- o �+ w WILLIS 2 J `�_ ORIFFINO PLACE X"' QP UNT 2 GRIFFING ROAD m PER T3 PARK WOODLAND ACRES PARK 7 SPURLOCK UNIT 1 Or P P �JP STATE HWY. 105 PARKOALE MALL SHOPPING CENTER GRIFFING PLACE UNIT 2 PREPARED BY : URBAN TRANSPORTATION DEPT. ENGINEERING DIV, OCT. 16,1984 AG N R E S O L U T I O N WHEREAS, the developers of Griffing Place, Unit Two, have completed the water, sanitary sewer, storm sewer and street improvements as follows: Street Improvements: Broadleaf Drive from Griffing Road approximately 1 ,838 feet in a southwesterly direction Yucca Drive from Broadleaf Drive approximately 105 feet east Palmetto Drive from Broadleaf Drive approximately 125 feet east Japonica Drive from Broadleaf Drive approximately 174 feet east; Water Improvements: Lots 4-29 , Block 5 Lot 2, Block 6 Lots 1-3 , Block 7 Lots 1-12, Block 8 Lots 1-6 , Block 9 and, WHEREAS, the developers of said subdivision desire to have these improvements accepted and maintained by the City; and, WHEREAS, the directors of the Urban Transportation and Water Utilities departments recommend that said improvements qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: I 4 THAT the water, sanitary sewer, storm sewer and street improvements in Griffing Place, Unit Two as above described, be, and the same are hereby , accepted by the City of Beaumont and shall be continuously maintained by the City. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - 2 - 9• October 19, 1984 Council Letter 69 Honorable Mayor and Members of City Council Subject: Plaza 10 Addition Final inspection of water, sanitary sewer, storm sewer and street improvements constructed in Plaza 10 Addition was made by the Urban Transportation and Water Utilities Departments. These improvements were found to be constructed in ac- cordance with City of Beaumont standards. Street Improvements Plaza 10 Drive - a 60-foot concrete pavement from IH-10 Access Road West, a distance of 363 feet (containing a 12-foot median for a distance of 207 feet) . The pavement transitions a dis- tance of 75 feet into a 40-foot pavement for an additional 310 feet wide. Plaza 10 Access Road is 30 feet concrete pavement which extends from Plaza 10 Drive 255 feet north and 225 feet east to IH-10 Access Road. Water Improvements Tracts 1 through 10, a 23.8133-acre tract. It is recommended that these improvements be accepted for City maintenance. Karl Nollenberger City Manager RUSSELL PLACE v HIGH SCHOOL DITCH RUSSELL PLACE RUSK ST COLONIAL .v WEST CEDAR MANOR z T: PLAZA 10 ADD LOCATION MAP OF PLAZA 10 ADDITION 10-2-84 PREPARED BY: URBAN TRANSPORTATION DEPT. ENGINEERING DIVISION AGENDA RT NO R E S O L U T I O N WHEREAS, the developers of Plaza 10 Addition, have completed the water, sanitary sewer, storm sewer and street improvements as follows: Street Improvements: Plaza 10 Drive - A 60-foot concrete pavement from IH-10 Access Road West, a distance of 363 feet (containing a 12-foot median for a distance of 207 feet) . The pavement transitions a distance of 75 feet into a 40-foot pavement for an additional 310 feet to Plaza 10 Circle, which extends 927 feet around and is 30 feet wide Plaza 10 Access Road is 30 feet concrete pavement which extends from Plaza 10 Drive 255 feet north and 225 feet east to IH-10 Access Road Water and Sewer Improvements: Tracts 1 through 10, being a 23.8133-acre tract out of the Noah Tevis Abstract 52, Beaumont, Jefferson County, Texas; and, WHEREAS, the developers of said subdivision desire to have these improvements accepted and maintained by the City; and, WHEREAS, the directors of the Urban Transportation and Water Utilities departments recommend that said improvements qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the water, sanitary sewer, storm sewer and street improvements in Plaza 10 Addition, as above described, be, and the same are hereby , accepted by the City of Beaumont and shall be continuously maintained by the City. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - 2 - s r � h. October 19, 1984 Council Letter 72 Honorable Mayor and Members of City Council Subject: Approving Final Payment to Contractor for Improvements on Alice Keith Park In June of this year, Council approved a contract with D & H Construction for $48,192 for installation of a creative playground at Alice Keith Park. This creative playground system consists of several woodform playground equipment pieces, some metal climbing pieces, a pea gravel surface under the equipment, a free form concrete border to contain the gravel , a gazebo, free form beams around the playground, stepping blocks for access to and across the play- ground, and additional support items such as a drinking fountain, benches and trash containers. The money for the project came from a $40,000 grant from the B.A. and Eleanor Steinhagen Benevolent Foundation, with the remainder of the funding coming from the City. The contractor has successfully completed the project to the satisfaction of City staff. It is recommended that this resolution, authorizing final payment in the amount of $7,985.37 to the contractor, be approved. C� Karl Nollenberger City Manager R E S O L U T I O N WHEREAS, on June 26, 1984 the City Manager was authorized to execute a contract with D & H Construction in the amount of $48 ,192 for the construction of a creative playground system on Alice Keith Park; and, WHEREAS, the project has been completed according to the plans and specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the construction of a creative playground system on Alice Keith Park is hereby accepted by the City of Beaumont and that the City Manager be, and he is hereby , authorized to make final payment to D & H Construction in the amount of $7,985.37. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - t 1. October 19, 1984 Council Letter 62 Honorable Mayor and Members of City Council Subject: Amending CDBG Historic Preservation Sub-recipient Contract Agreement In December of 1983, the City Council authorized the expenditure of $50,000 of Community Development Block Grant funds for the restoration of the Garth home at 1895 McFaddin. This approved expenditure was a part of the 1983 CDBG program year. The restoration work proposed included the following: reconstructing and re- placing all fringe and facia boards as necessary; rebrick deteriorated upper portion of the chimney above the roof and install a weatherproof covering; re- pair front and rear steps, restore and paint all window sills, frames, sashes and refinish all exterior doors; replace beveled glass in front entry side- lights; build and install two replicate windows for the exterior gables; re- store south porch and balcony to original design and paint exterior of building. Bids were received for the work on July 24th. The one quote of $86,000 was $36,000 more than the budget. After extensive discussion, the grant recipient is proposing a reduction in project scope by accomplishing the following work items outside the project scope. These are: leveling of existing structure; demolition and reconstruction of brick piers; and demolition of existing walls, windows and porch decking to be removed or replaced on both the north and south porches. All parties in this project, including the Historic Landmark Commission, con- cur that the deletion of these items from the original contract will allow the restoration of this historic structure to proceed. It will be necessary for the Council to approve an amendment to the contract with Frank Inzer, the owner of the structure, approving the deletion of the items he proposes to do. Removal of this work will enable the contract for renovation to be re-bid. We are hopeful that this action will enable us to receive bids more in line with our budget limitations of $50,000. It is recommended that this resolution be approved. 4 a N1 - Karl Nollenberger City Manager AG R E S O L U T I O N WHEREAS, in December of 1983, the City Council authorized the expenditure of $50,000 of CDBG funds for the restoration of the Garth home at 1895 McFaddin; and, WHEREAS, a bid for this restoration was received on July 24, 1984 in the sum of $86,000 which is $36,000 more than was budgeted for this project; and, WHEREAS, after discussions with the grant recipient, several items listed in the contract are being removed to be performed outside the project scope; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to amend the contract between Frank Inzer, the owner of the structure, and the City of Beaumont, to allow for the removal of several items listed in the contract so as to enable the city to receive bids more in line with the budgeted limitations of $50,000. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1984. - Mayor - I October 19, 1984 j. Council Letter 77 Honorable Mayor and Members of City Council Subject: Zoning Board of Adjustment Appointments Nominations for appointment to the Zoning Board of Adjustment are made by the Mayor, subject to confirmation by the Council . Mayor Neild has nominated Witt Outlaw and Ron Lanier, presently serving as Alternate Members, to re- place Warren Goehringer and Bruce O'Bannion, both of whom resigned. Other members who are being nominated for reappointment are Patty Cantella, who will serve as Chair; Milton Bell , who will serve as Vice-Chair; and Preston Shaw. All terms would expire September 30 1986. It is recommended that this resolution be approved. Karl Nollenberger City Manager N � ITEM N4 �� R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments and reappointments be made: Expiration Appointments Reappointments Commission of Terms Whit Outlaw Zoning Board of 9/30/86 Adjustment Ron Lanier Zoning Board of 9/30/86 Adjustment Patty Cantella Zoning Board of 9/30/86 (Chair) Adjustment Milton Bell Zoning Board of 9/30/86 (Vice Chair) Adjustment Preston Shaw Zoning Board of 9/30/86 Adjustment PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - WORK SESSION AGENDA OCTOBER 23, 1984 CITY COUNCIL CHAMBERS 1. Discussion with Carolyn Chaney, Washington representative. October 19, 1984 Council Letter 80 Honorable Mayor and Members of City Council Subject: Beaumont Multi-Family Finance Corporation Pinedale Manor Apartment Project The Beaumont Multi-Family Housing Corporation has issued an induce- ment resolution granting preliminary approval for the Pinedale Manor project, a multi-family apartment project to be located at the corner of Major Drive and Bindow Circle. The developers are W. H. Watkins and B. R. Casey. On September 18, 1984, City Council held a public hearing and passed a resolution approving the issuance of $1, 900, 000 in multi-family housing revenue bonds to finance the Pinedale Manor project. The purpose of the meeting of the Beaumont Multi-Family Housing Finance Corporation will be to adopt the final bond resolution autho- rizing issuance of $1, 900, 000 in bonds for Pinedale Manor. IL O�JZI_Z� Karl Nollenberger City Manager October 19, 1984 Council Letter 81 Honorable Mayor and ' Members of City Council Subject: Beaumont Health Facilities Development Corporation Eye Clinic and Southeast Texas Surgical Center The purpose of the meeting of the Beaumont Health Facilities Develop- ment Corporation will be to approve the issuance of $700 ,000 in additional bonds for the Eye Clinic and $500 ,000 in additional bonds for the Southeast Texas Surgical Center. The proceeds of the addi- tional bonds will be used solely to complete construction of the Surgical Center and Eye Clinic as originally planned and not to finance any new additional portions. In February of this year the Corporation adopted an inducement reso- lution approving issuance of up to $5, 000,000 in bonds for the Eye Clinic. If the Corporation' s approval of the additional bonds is obtained, the required public hearing is proposed to be held by the City Council on November 6 and a final bond resolution will be sub- mitted to the Corporation on that same date. In addition, in February of this year, the Corporation adopted an inducement resolution approving the issuance of up to $5, 000, 000 in bonds for the Surgical Center. If the Corporation' s approval of the additional bonds is obtained, the required public hearing is proposed to be held by the City Council on November 6 , and a final bond reso- lution will be submitted to the Corporation on that same date. Karl Nollenberger City Manager CALENDAR Saturday, October 20 - Julie Rogers Theatre 6:30 P.M. - Program - Mayor Cisneros, Speaker 8:00 P.M. - Dinner - Riverfront Park MEN: Business Suits WOMEN: Sunday clothes (Not "after 5" clothes) or Casual * Monday, October 22 - Holiday Plaza 3:00 P.M. - Welcome Jr. Forum International (Gerry Pinchback) 6:00 P.M. - Reception 6:30 P.M. - Dinner Neches Room, Civic Center 7:00 P.M. - Informational Session Joint Meeting w/ Chamber of Commerce Executive Committee & Beaumont Independent School Board * Tuesday, October 23 - Tower Club, Dining Room 2 11:30 A.M. - Luncheon honoring Mr. Jean Claude Gallet, French Trade Commissioner based in Houston (Chamber of Commerce) * 12:00 Noon - Lamar University Setzer Center Ribbon Cutting Ceremonies for 1st City Auto Teller Machine (Shelton McClure) ** 12:00 Noon - Interfirst Meeting 1:15 P.M. - Council Chambers Council Meeting, followed by Work Session 3:00 P.M. (Approx. ) - 3rd Floor Conference Room Multi-Family Housing Finance Corp. & Beaumont Health Facilities Corp. Meetings * 7:00 P.M. - West Brook Sr. High School Cafeteria Parent Education Series "Today's Music, MTV, & Effect on Our Youth" * MAYOR ** COUNCILMEMBER TURNER *** COUNCILMEMBER SAMUEL 3 a. October 16 , 1984 b. Council Letter 58 Honorable Mayor and Members of City Council Subject: Request for zone change from RM-H to GC-MD and a specific use permit to establish a drinking place at 4290 Pradice. GENERAL INFORMATION Applicant Ananais Prejean Status of Applicant property owner Requested Action zone change from RM-H to GC-!"4D (General Commercial - Multiple Dwelling) and a specific use permit to operate a lounge Existing Zoning RM-H (Residential Multiple Family - High Density) i Location 4290 Pradice Size 150 x 110 , 0 . 37 acres Existing Land Use vacant building which was formerly a lounge Surrounding Zoning and Land Use north - RM-H, single family east - (across Pradice) , single family south - (across Booker) Virginia Village west - RM-H, vacant Physical Features corner lot; abutting property on west also owned by applicant Comprehensive Plan Conservation and Revitalization SPECIAL INFORMATION Public Utilities in Pradice Sanitary Sewer: 8 inch line Storm Drainage : open ditches Water: 8 inch line Page 2 SPECIAL INFORMATION (cont'd) Streets Pradice is designated as a local residential street and has a 30-foot right-of-way and 20-foot pavement. Fire Protection Station #10, 3855 Washington Boulevard ZONE CHANGE: ANALYSIS - Predominant surrounding land use is single family and multi- family residential. - The request is contrary to land use principles which state that commercial uses should locate at major intersections and not originate in mid-block. - The request will generate additional zone changes in order that adverse effects on adjacent residential uses can be made com- patible. - The change to GC-MD will constitute "spot" zoning since it will grant a benefit solely to the applicant, create an incompatible land use in a residential area, and will not be in accordance with the comprehensive plan. The subject use is in a Community Development Strategy Area. Previous similar locations have demonstrated that lounges are detrimental to continued revitalization of neighborhoods while actual neighborhood uses are beneficial. PLANNING STAFF RECOMMENDATION Staff recommends denial of the request for GC-MD based on: - the request is contrary to land use principles which state that commercial uses should locate at major intersections and not originate in mid-block; - the change to GC-MD will constitute spot zoning.