HomeMy WebLinkAboutPACKET JAN 03 1984 AGENDA
REGULAR SESSION OF THE CITY COUNCIL
JANUARY 3, 1984
CITY COUNCIL CHAMBERS
1:15 P.M.
* Invocation.
* Pledge of Allegiance.
* Roll call .
* Proclamations.
* Consent Agenda.
1. An ordinance changing the zoning from RS (Residential Single Family)
to RM-H (Residential Multiple Family-High Density) or a more re-
strictive district for four tracts, two located approximately 1,350
feet north of the intersection of Major Drive and the centerline of
Dishman Road; two located 950 feet north and 1,467 feet east of Major
Drive and the centerline of Dishman Road.
2. An ordinance issuing at Specific Use Permit to build a dentist's office
in an RM-H (Residential Multiple Family-High Density) district at
3485 Delaware.
3. An ordinance issuing a. Specific Use Permit to establish a private
school in an RS (Residential Single Family) district at 8001 Old Voth
Road.
4. An ordinance abandoning a 15-foot general utility easement in
Tracts 2 and 3, Plaza 10 Addition.
5. An ordinance abandoning a 20-foot alley in Block 16, Calder Addition.
6. An ordinance abandoning a 15-foot utility easement between Lots 3
and 4, Block 4, Executive Business Plaza.
7. A resolution authorizing execution of the Kyle Plaza UDAG agreement.
8. An ordinance establishing the Emergency Medical Services Advisory
Commission.
9. A resolution letting a contract for the construction of the Prince
Street outfall extension.
10. A resolution authorizing purchase of a station wagon.
Council Agenda
January 3, 1984
Page 2
11. A resolution authorizing one-year contracts for road oil .
12. A resolution authorizing settlement of a lawsuit styled as Signal En-
gineering v. The City of Beaumont and Multisonics, Inc.
13. A resolution authorizing execution of a contract with the State Health
Department.
14. A resolution approving the contract with the Beaumont Police Officers
Association.
Other business.
Hear citizens.
Adjourn.
1.
December 30, 1983
Council Letter 227
Honorable Mayor and
Members of City Council
Subject: Rezoning from RS (Residential Single Family) to RM-H (Residential
Multiple Family-High Density) for Property Located near Inter-
section of Major Drive and Dishman Road
At its December 19, 1983, joint public hearing, the Planning Commission and
City Council considered a request by Oscar Wu to rezone property located as
follows: Western Tracts - approximately 1,350 feet north of the intersection
of Major Drive and the centerline of Dishman Road; Eastern Tracts - 950 feet
north and 1,467 feet east of Major Drive and the centerline of Dishman Road,
from Residential Single Family to Residential Multiple Family-High Density.
The Planning staff recommended approval of the request for the 85 acres of
the Western Tract for the following reasons: it is consistent with land
use principle; the utilities on Major Drive are adequate for the proposed
development; the request is consistent with the Comprehensive Plan; and
the request will generate additional zone changes that will produce a com-
patible pattern of development. The Planning staff recommended denial of
the request for the 4.9 acres on the Eastern Tracts for these reasons: the
tracts are located approximately 1,200 feet east of Major Drive with no
current access to a major street; the request is being submitted in anti-
cipation of the construction of Delaware Avenue from Dowlen Road west to
Major; since the proposed alignment of Delaware is not final , the staff
felt it could not support a change which created an "island" of Residen-
tial Multiple Family-High Density zoning; and the request is not in accord-
ance with the Comprehensive Plan. Notice of the proposed change were sent
to three property owners and no replies were received.
The Planning Commission recommended approval of the Western Tracts and
denial of the Eastern Tracts by a vote of 5 to 0.
It is recommended that the zone change be approved for the Western Tracts
and denied for the Eastern Tracts.
Karl Nollenberger
City Manager
TO: Planning Commission and City Council
FROM: Planning Department
SUBJECT: Request for zone change from RS to RM-H for property
located near the intersection of Major Drive and Dishman
Road; scheduled for joint public hearing on December 19 ,
1983.
* STAFF REPORT
GENERAL INFORMATION 904-Z
Applicant Oscar Wu
Status of Applicant property owner
Requested Action zone change from RS to RM-H
Representative Uses in RM-H single family dwellings, two
family dwellings , multi-family
dwellings, cluster housing,
home occupations
Purpose new apartment construction
Existing Zoning RS (Residential Single Family)
Location WESTERN TRACTS: approximately
1350 feet north of the inter-
section of Major Drive and
the centerline of Dishman Road.
EASTERN TRACTS : for reference
begin 950 feet north and 1467
feet east of Major Drive and
the centerline of Dishman Road.
Size 4 tracts comprising 13. 4 acres
Existing Land Use vacant
Surrounding Zoning and Land Use north - RS, vacant
east - RS, vacant
south - RS and RM-H, vacant
west - city limits, Major Drive
Physical Features easternmost tracts are based
on preliminary alignment of
Delaware extension
Comprehensive Plan Growth Reserve
904-Z
RS to RM-H
Page 2
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 54 inch line
in Major
Storm Drainage: west then
south to DD #6 ditch
under Major
Water: 24 inch line in Major
Streets Major Drive is designated as
a major arterial and has a
60-100-foot right-of-way and
18-foot pavement.
Fire Protection Station #9 , 7010 Gladys
ANALYSIS
MAJOR DRIVE TRACTS (8. 5 acres) :
- Tracts are consistent with land use principle which states that
high density multi-family development should be located on major
arterials.
- Utilities on Major Drive are adequate for proposed development.
- Request is consistent with the comprehensive plan.
- Request will generate additional zone changes in order that a
compatible pattern of development can be completed.
EASTERN TRACTS (4. 9 acres) :
- Tracts are located approximately 1200 feet (0. 2 mile) east of
Major with no current access to a major street.
- The request is being submitted in anticipation of the con-
struction of Delaware Avenue from Dowlen Road west to Major.
- Since the proposed Delaware alignment is not final and construc-
tion is not anticipated to begin in the near future, the staff
cannot support a change which creates an "island" of RM-H with
no relation to the surrounding zoning pattern.
- A primary objective of zoning is to control the timing of
development in relationship to the adequacy of public facilities.
This decreases the possibility of (1) establishing a premature
zoning pattern, (2) creating falsely inflated land values, and
(3) a "checkerboard" pattern of development.
904-Z
RS to RM-H
Page 3
ANALYSIS (cont'd)
The request is not in accordance with the comprehensive plan.
RECOMMENDATION
The staff recommends approval of the request for the two tracts
totalling 8. 5 acres on Major Drive and denial of the request for
the remaining two tracts totalling 4 .9 acres. The recommendation
for approval is based on:
- the tracts are consistent with land use principles which state
that high density multi-family development should be located
on major arterials; and
- the request is consistent with the comprehensive plan.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 3
Responses in Favor of Request
Responses Opposed to Request
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for zone
change from RS to RM-H for property located near the
intersection of Major Drive and Dishman Road on December 19,
1983.
GENERAL INFORMATION
Applicant Oscar Wu
Requested Action zone change from RS (Residential
Single Family) to RM-H (Resi-
dential Multiple Family - High
Density)
Purpose new apartment construction
Location WESTERN TRACTS : approximately
1350 feet north of the inter-
section of Major Drive and the
centerline of Dishman Road.
EASTERN TRACTS : for reference
begin 950 feet north and 1467
feet east of Major Drive and
the centerline of Dishman Road.
Size 4 tracts comprising 13. 4 acres
PLANNING STAFF RECOMMENDATION
Staff recommended approval of the request for the two tracts
totalling 8. 5 acres on Major Drive and denial of the request for
the remaining two tracts totalling 4 . 9 acres.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request for the
two tracts totalling 8. 5 acres on Major Drive (western tracts) and
denial of the remaining 4. 9 acres (eastern tracts) by a vote of
5 to 0.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 3
Responses in Favor of Request 0
Responses Opposed to Request 0
1
,
FILE 904-Z. REQUEST FOR ZONE CHANGE
FROM R-S to RM-H LOCATED 1350 FT.
300' in NORTH OF THE INTERSECTION OF DISHMAN
"' AND MAJOR DRIVE.
- APPLICANT: OSCAR WU I
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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 AS DESCRIBED BELOW;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
AND PROVIDING FOR 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 for an area 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
r
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 19
- Mayor -
2 _
2.
December 30, 1983
Council Letter 230
Honorable Mayor and
Members of City Council
Subject: Request for Specific Use Permit at 3485 Delaware
On December 19, 1983, the Planning Commission and the City Council reviewed
a request from Alan McNeil , attorney for Dr. Kent Dezelle, for a Specific
Use Permit for a dentist's office in a Residential Multiple Family-High
Density district located at 3485 Delaware. The Planning staff recommended
approval of the request based on the applicant's compliance with the eight
conditions necessary for approval of a Specific Use Permit.
The Planning Commission recommended approval of the request subject to
relocation of the entrance located at the eastern corner of the property
by a vote of 5 to 0.
Staff has no objections to the relocation of the entrance and, for this
reason, it is recommended that the Specific Use Permit be granted as
amended by the Planning Commission.
Karl Nollenberger
City Manager
TO: Planning Commission and City Council"
FROM: Planning Department
SUBJECT: Request for specific use permit to build a dentist' s
office in an RM-H district located at 3485 Delaware;
scheduled for joint public hearing on December 19 , 1983.
* STAFF REPORT
GENERAL INFORMATION 00—
Applicant Alan McNeil
Status of Applicant attorney for Dr. Kent Dezelle,
et.al.
Requested Action specific use permit for dentist
office in an RM-H (Residential
Multiple Family - High Density)
district
Existing Zoning RM-H
Location 3485 Delaware
Size 392 . 9 x 214. 6 (1. 93 acres)
Existing Land Use two residences
Surrounding Zoning and Land Use north - (across Delaware) RM-H
and RS, single family
east - R-3, retail and resi-
dential
south - RbI-H, vacant
west - RM-H, apartments
Physical Features 392. 9 feet of frontage on
Delaware
Comprehensive Plan Activity Corridor
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 12 inch line
in Delaware
Storm Drainage: concrete storm
sewer in Delaware
Water: 6 inch line in Delaware
File 900-P
Page 2
SPECIAL INFORMATION (cont'd)
Streets Delaware is designated as a
major arterial and has a 60-
foot right-of-way and 48-foot
pavement.
Fire Protection Station #4, Gladys and Lucas
ANALYSIS
See Specific Use Permit Review.
RECOMMENDATION
Based on the applicant's compliance with the eight conditions
necessary for specific use permit approval, the staff recommends
approval of the request.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 15
I
Responses in Favor of Request
Responses Opposed to Request
900-P
CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if
all of t o 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;
Varied intensity of development on Delaware as well as traffic
folume indicate the suitability of the current proposal.
Property values will experience no diminution as a result
of this request.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
All surrounding property on Delaware is developed as single
family, multiple family, or professional offices.
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing utilities and drainage in Delaware are adequate
for service to proposal.
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;
Entrance at eastern corner will require relocation in order
to avoid direct alignment with 19th Street.
5) That adequate nu4sance prevention measures have been or will be taken
to prevent or control offensive odor, fumes, dust, noise and vibration;
The proposed offices exhibit none of the five adverse
environmental conditions.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties;
Proposed security lighting (8 total) is located at a suffi-
cient distance from property lines to avoid adverse effects
on surrounding development.
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Proposal will include 10-foot landscaped buffer and 8-foot
privacy fence.
8) That the proposed use is in accordance with the comprehensive plan;
The proposed use is in an "Activity Corridor" and complies
with the comprehensive plan.
SPECIFIC USE PERMIT REVIEW
900-P
ORDINANCE REQUIREMENTS PROPOSAL
1. Description of processes and----=-------
Dental offices for 6 dentis
activities. 30 employees;8-5 Y- .
2. Boundaries of area covered by site------392. 9 x 214. 6
plan with dimensions. 1. 93 acres
3. Existing and proposed building
locations with:
- number of stories; -------------------one
- height; ------------------------------22 feet
- gross floor area; --------------------8908 sq. ft. (two buildings)
- entrances and exits. -----------------from Delaware
4. Existing drainage locations and ---------concrete storm sewers in
direction of flow. Delaware
5. Proposed landscaping and screening ------
buffers. 10-foot landscaped buffer on
west and south
6• Location and dimensions of:
curb cuts (existing and proposed) r---2 at 20 feet
public and private streets, showing --Delaware-60 ' right-of-way;
rights-of-way widths; 48 ' pavement
narking and loading areas;-----------
-parking for 44
- pedestrian walks; 5 ' width on front entrance
exterior lighting,
-- to building
-------------------*see below
- trash storage locations; -----
--------2; one at each rear corner
7. Fences or screening provisions ----------ordinance requires 8-foot
showing location, type and height. privacy fence on west and
south
8. Sign height, location and dimensions.----area:
4 x 8
height: 4 feet
*exterior lighting: 2 front yard; 2 rear property line; 2 on each
side yard.
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for specific
use permit to build a dentist' s office in an RM-H district
located at 3485 Delaware on December 19 , 1983.
GENERAL INFORMATION
Applicant Alan McNeill
Requested Action specific use permit for dentist
office in an RMI-H (Residential
Multiple Family - High Density)
district '
Location 3485 Delaware
Size 392. 9 x 214. 6 (1. 93 acres)
PLANNING STAFF RECOMMENDATION
The staff recommended approval of the request based on the appli-
cant' s compliance with the eight conditions necessary for specific
use permit approval.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request sub-
ject to relocation of the entrance located at the eastern corner
of the property by a vote of 5 to 0.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 15
Responses in Favor of Request 0
Responses Opposed to Request 0
FILE 900-P. REQUEST FOR SPECIFIC
USE PERMIT TO BUILD A DENTIST'S
OFFICE IN AN RM-H
DISTRICT AT
3485 DELAWARE,
APPLICANT: ALAN r CNEILL
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ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A SPECIFIC
USE PERMIT FOR A DENTISTS' OFFICE AT 3485
DELAWARE.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit for a
dentists' office at 3485 Delaware, Beaumont, Jefferson County, Texas,
to Alan McNeil, attorney for ;TJr . Kent Dezelle, his legal
representatives, successors, and assigns for that certain property
hereinafter described; and,
WHEREAS, the City Council is of the opinion that the
issuance of such specific use permit is in the best interest of the
City of Beaumont and its citizens, subject to the hereinafter
described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
use permit have been met and a specific use permit to build a
dentists' office on property located at 3485 Delaware, 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 Alan McNeil, attorney for Dr. Kent Dezelle, 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.
December 30, 1983
Council Letter 229
Honorable Mayor and
Members of City Council
Subject: Request for a Specific Use Permit at 8001 Old Voth Road
As Council will recall , a request for a Specific Use Permit was made by
Benny Partin for property located at 8001 Old Voth Road and reviewed by
the Plannning Commission and City Council on December 19, 1983. The
purpose of the Specific Use Permit is to establish a school in a
Residential Single Family district. The surrounding zoning is pre-
dominantly Residential Single Family with some Residential Multiple
Family-High Density to the south. The Planning staff recommended ap-
proval of the request subject to submission of a revised parking plan
and approved by the Urban Transportation Department.
The Planning Commission recommended approval of the request subject to
the requirements made by the Planning staff.
It is recommended the Specific Use Permit be approved subject to sub-
mission of a revised parking plan and approved by the Urban Transporta-
tion Department.
k2 rs
Karl Nollenberger
City Manager
TO: Planning Commission and City Council
FROM: Planning Department
SUBJECT: Request for specific use permit to establish a private
school in an RS district located at 8001 Old Voth Road;
scheduled for joint public hearing on December 19, 1983.
* STAFF REPORT
GENERAL INFORMATION 90 1F-p
Applicant Benny Partin
Status of Applicant representative for Christian
Schools of Beaumont
Requested Action specific use permit for a
school in an RS (Residential
Single Family) district
Existing Zoning RS (Residential Single Family)
Location 8001 Old Voth Road
Size 16 . 75 acres
Existing Land Use vacant
Surrounding Zoning and Land Use north - RS, single family
east - (across Voth Road) RS,
vacant
south - RM-H and RS, single
family
west - RS, vacant
Physical Features - site is heavily wooded; 351
feet of frontage on Old Voth
Comprehensive Plan Neighborhood Growth Unit
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 8 inch line in
Old Voth Road
Storm Drainage: open ditch in
Old Voth Road
Water: 16 inch line in Old Voth
Road
File 901-P
Page 2
SPECIAL INFORMATION
Streets Old Voth Road is designated
as a local street and has a
60-foot right-of-way and 18-
foot pavement.
Fire Protection Station #8, 6297 State High-
way 105
ANALYSIS
See Specific Use Permit Review. _ J
RECOMMENDATION
The applicant' s site has satisfied seven of the eight conditions
necessary for approval. Parking and loading plan will need more
detail in order to assure compliance. Staff recommends approval
subject to submission of revised parking plan and approval by
Urban Transportation Department.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 12
Responses in Favor of Request
Responses Opposed to Request
SPECIFIC USE PERMIT REVIEW
901-P
ORDINANCE REQUIREMENTS PROPOSAL
1. Description of processes and---- ------Private junior/senior high
activities. school
Teachers: 18
Enrollment: 216
2. Boundaries of area covered by site------16 . 75 acres , Block 1,
plan with dimensions. Christian Schools of Beau_mon
3. Existing and proposed building
locations with:
- number of stories; -------------------) classroom: 1 story, 14 feet
- height; ------------------------------ gym: 2 stories, 25 feet
- gross floor area; --------------------30 , 700 s g. ft
- entrances and exits. -----------------from Old Voth Road
4. Existing drainage locations and ---------to open ditch in Old Voth Rd
direction of flow. and to additional drainage
near southern boundary line
5. Proposed landscaping and screening ------applicant proposes to retain
buffers . natural landscaping where
6. Location and dimensions of:
- curb cuts (existing and proposed) ;----2 proposed at 22 feet each
- public and private streets, showing --Old Voth: 60-foot right-of-
rights-of-way widths; way; 18-foot pavement
- narking and loading areas;------------parking for 85 autos
- pedestrian walks; ------------------_at main building entrances
-- exterior lighting; ---------- -around main bldg. and gym
trash storage locations; -------------normal collection
7.. Fences or screening provisions ----------entire property will be
showing location, type and height. enclosed by fencing
8. Sign height, location and dimensions.- maximum area: 35 sq. ft.
maximum height: 12 ft.
901-P
CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if
all of t e ollowing 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;
Schools are generally accepted as contributors to community
development. Surrounding residential development is low
density single family area which can be enhanced by school
construction.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
Surrounding area is a low density single family addition.
School development will contribute to development of neigh-
borhood.
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing utilities and drainage are 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;
Parking and loading area measures 49 , 500 square feet or
parking for 85 automobiles. Detailed site plan will be
necessary prior to issuance of building permit.
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 adverse conditions are generated by the
proposal.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties;
On-site security lighting will be directed so as to eliminate
Possible adverse effects to surrounding properties.
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Site is heavily landscaped -- applicant proposes to maintain
as much of natural vegetation as possible.
8) That the proposed use is in accordance with the comprehensive plan;
Subject property is in a neighborhood growth unit and in
accordance with comprehensive plan.
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request for
specific use permit to establish a private school in an
RS district located at 8001 Old Voth Road on December 19,
1983.
GENERAL INFORMATION
Applicant Benny Partin
Requested Action specific use permit for a
school in an RS (Residential
Single Family) district
Location 8001 Old Voth Road
Size 16. 75 acres
PLANNING STAFF RECOMMENDATION
Since parking and loading plan will need more detail in order to
assure compliance with the eight conditions, staff recommends
approval of the request subject to submission of a revised parking
plan and approval by the Urban Transportation Department.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request subject
to submission of a revised parking plan and its approval by the
Urban Transportation Department by a vote of 5 to 0.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 12
Responses in Favor of Request 0
.Responses Opposed to Request 0
i FILE 901-P. REQUEST FOR SPECIFIC
USE PERMIT-TO ESTABLISH A PRIVATE
SCHOOL IN AN RS DISTRICT 8001 OLD
VOTH ROAD.
APPLICANT: BENNY C. PARTIN
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ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A SPECIFIC
USE PERMIT FOR A PRIVATE SCHOOL AT 8001 OLD
VOTH ROAD.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit for a
private school at 8001 Old Voth Road, Beaumont, Jefferson County ,
Texas to Benny Partin, representative for Christian Schools of
Beaumont, his legal representatives, successors, and assigns for that
certain property hereinafter described; and,
WHEREAS, the City Council is of the opinion that the
issuance of such specific use permit is in the best interest of the
City of Beaumont and its citizens, subject to the hereinafter
described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
use permit have been met and the specific use permit for a private
school at 8001 Old Voth 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
Benny Partin, representative for Christian Schools of Beaumont, his
legal representatives, successors and assigns for that certain tract
described in Exhibit "A" attached hereto and made a part hereof for
all purposes.
Section 2.
That the specific use permit herein granted is expressly
issued for and in accordance with each particular and detail of the
site plan attached hereto as Exhibit "B" and made a part hereof for
all purposes.
PASSED BY THE
CITY COUNCIL of the City of Beaumont this the
day of 19
- Mayor -
2 -
4.
December 30, 1983
Council Letter 228
Honorable Mayor and
Members of City Council
Subject: Abandonment of 15-foot General Utility Easement, Plaza 10
Addition
The request by Mark Whiteley for abandonment of a 15-foot general utility
easement in Tracts 2 and 3, Plaza 10 Addition, was reviewed in a joint
public hearing held by the Planning Commission and the City Council on
December 19, 1983. Mr. Whiteley, who is the engineer for the owner,
Jerry Alb, has requested the abandonment to develop a new subdivision.
The land is presently zoned General Commercial-Multiple Dwelling. There
is a Bell telephone cable and a 13K volt Gulf States Utilities service
line buried in the easement. Both utility companies have agreed to pos-
sible relocation of the service lines if necessary.
The Planning staff recommended approval of the request subject to sub-
mittal of agreements between the owner and the two utilities for satis-
factory relocation of service lines.
The Planning Commission recommended approval of the request as amended
by the Planning staff. The vote was 5 to 0.
It is recommended that the request be approved subject to submittal of
an agreement between the owner and Gulf States Utilities and the owner
and Bell Telephone for satisfactory relocation of service lines.
Karl Nollenberger
City Manager
TO: Planning Commission
FROM: Planning Department
SUBJECT: Request to abandon a 15-foot general utility easement
in Tracts 2 and 3, Plaza 10 Addition; scheduled for
regular meeting on December 19, 1983.
* STAFF REPORT
GENERAL INFORMATION ' 1 1 —O B
Applicant Mark Whiteley
Status of Applicant engineer for owner, Jerry Alb
Requested Action utility easement abandonment
Purpose of Request development of new subdivision
Property Description 15-foot general utility ease-
ment
Existing Zoning and Land Use GC-MD, proposed professional
office
EXISTING UTILITIES
The following utilities are located in the easement:
- Bell Telephone buried cable;
- 13K volt GSU service line.
ANALYSIS
- Utility companies have agreed to possible relocation of service
lines of necessary.
RECOMMENDATION
The staff recommends approval of the request subject to submittal
of an agreement between the owner and GSU and the owner and Bell
Telephone for satisfactory relocation of service lines.
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request to
abandon a 15-foot general utility easement in Tracts
2 and 3, Plaza 10 Addition, on December 19 , 1983.
GENERAL INFORMATION
Applicant Mark Whiteley
Requested Action utility easement abandonment
Purpose of Request development of new subdivision
Property Description 15-foot general utility ease-
ment located in Tracts 2 and 3 ,
Plaza 10 Addition
EXISTING UTILITIES
The following utilities are located in the easement:
- Bell Telephone buried cable;
- 13K volt GSU service line.
ANALYSIS
Utility companies have agreed to possible relocation of services
if necessary.
PLANNING STAFF RECOMMENDATION
The staff recommended approval of the request subject to submittal
of an agreement between the owner and GSU and the owner and Bell
Telephone for satisfactory relocation of service lines.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request subject
to submittal of an agreement between the owner and GSU and the
owner and Bell Telephone for satisfactory relocation of service
lines by a vote of 5 to 0.
IQ a FILE 411-OB. REQUEST TO
y✓/ oo ,, \ �' ��r
ABANDON 15-FOOT GENERAL UTILITY
o% EASEMENT IN A PART OF THE NOAH
eR �`` �r TEVIS LEAGUE, ABSTRACT 52,
BEAUMONT, TEXAS
APPLICANT; MARK WHITELEY
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ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING A
15-FOOT UTILITY EASEMENT LOCATED IN
TRACTS 2 AND 3, PLAZA 10 ADDITION,
BEAUMONT, JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT A 15-foot utility easement, located in Tracts 2 and 3 , Plaza
10 Addition, Beaumont, Jefferson County, Texas, as shown on the
plat attached as Exhibit "A" be, and the same are hereby , vacated
and abandoned, and that title to such property shall revert to and
become the property of the persons entitled thereto, as provided
by law .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 19
- Mayor -
December 30, 1983
5.
Council Letter 225
Honorable Mayor and
Members of City Council
Subject: Abandonment of 20-foot Alley in Block 16, Calder Addition
At its joint public hearing held on December 19, 1983, the Planning Com-
mission and City Council reviewed a request by Alvaro Aguirre to abandon
a 20-foot easement in Block 16 of the Calder Addition. The following
utilities are located in the alley: a 6-inch sanitary sewer; a 6-inch gas
line; a Gulf States Utilities power line; and a Bell telephone cable. It
was the recommendation of the Planning staff that the request be approved
subject to retention as a general utility easement. This would satisfy
the request by City Departments and public utilities that they have ac-
cess for maintenance.
The Planning Commission recommended approval of the staff recommendation
by a vote of 5 to 0.
It is recommended that the request be approved subject to retention as
a general utility easement.
Karl Nollenberger
City Manager
TO: Planning Commission
FROM: Planning Department
SUBJECT: Request to abandon a 20-foot alley in Block 16 , Calder
Addition, Beaumont, Texas; scheduled for regular meeting
on December 19, 1983.
* STAFF REPORT
GENERAL INFORMATION 4, 1 0--0B
Applicant Alvaro Aguirre
Status of Applicant property owner
Requested Action abandonment of 20-foot alley
in Block 16, Calder Addition
Purpose of Request improvements to
P historical
structure
Property Description 20-foot alley in Block 16,
Calder Addition
Existing Zoning and Land Use GC-MD, vacant historic struc-
ture
EXISTING UTILITIES
The following utilities are located in the alley:
- 6-inch sanitary sewer;
- 6-inch gas line;
- GSU power line; and
- Bell telephone cable.
ANALYSIS
City departments and public utilities having services in the alley
C
requested maintenance access:
RECOMMENDATION
Staff recommends approval of the requested abandonment as a right-
of-way subject of retention as a general utility easement.
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request to
abandon a 20-foot alley in Block 16 , Calder Addition,
on December 19, 1983.
GENERAL INFORMATION
Applicant Alvaro Aguirre
Requested Action abandonment of 2"*-foot alley
in Block 16 , Calder Addition
Purpose of Request improvements to historical
structure
Property Description 20-foot alley in Block 16 ,
Calder Addition
EXISTING UTILITIES
The following utilities are located in the alley:
- 6-inch sanitary sewer;
- 6-inch gas line;
- GSU power line; and
- Bell telephone cable.
ANALYSIS
City departments and public utilities having services in the alley
have requested maintenance access.
PLANNING STAFF RECOMMENDATION
The staff recommended approval of the request subject to retention
as a general utility easement.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request subject
to retention of the alley as a general utility easement by a vote
of 5 to 0 .
d REQUEST TO
MC FADD/N 4 vE ° _ ABANDON A 0-FOOT ALLEY IN
BLOCK 16 , CALDER ADDITION,
BEAUMONT, TEXAS.
APPLICANT: ALVARO AGUIRRE.
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ORDINANCE NO.
ENTITLED AN ORDINANCE VACATAING AND
ABANDONING A 20-FOOT ALLEY LOCATED
IN BLOCK 16, CALDER ADDITION,
BEAUMONT, JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT that certain 20-foot alley located in Block 16 , Calder
Addition, as shown on Exhibit "A" attached hereto, be and the same
is hereby , vacated and abandoned, and that title to such property,
other than the rights retained herein, shall revert to and become
the property of the persons entitled thereto, as provided by law;
providing, however, that the hereinabove described tract of land is
expressly retained by the City of Beaumont as an easement for
general utility purposes only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 19
- Mayor -
6.
December 30, 1983
Council Letter 226
Honorable Mayor and
Members of City Council
Subject: Abandonment of 15-foot Utility Easement, Executive Business
Plaza
As you will recall , the Planning Commission and City Council reviewed a
request by Norstok Building Systems to abandon a 15-foot utility ease-
ment in Lots 3 and 4, Block 4, Executive Business Plaza, at its
December 19th meeting. It is the desire of the applicant to use the
area, presently zoned General Commercial-Multiple Dwelling, for new
construction. The Planning staff recommended approval of this request,
subject to a written documented agreement between the applicant and
Gulf States Utilities for relocation or replacement of a 13K volt cable
buried in the easement.
The Planning Commission recommended approval of the request subject to
the requirement made by the Planning staff. The vote was 5 to 0.
It is recommended that the request be granted subject to a written
documented agreement between the applicant and Gulf States Utilities
for relocation or replacement of the existing buried service line.
Karl Nollenberger
City Manager
�I
TO: Planning Commission
FROM: Planning Department
SUBJECT: Request to abandon a 15' utility easement in Lots 3 and
4, Block 4, Executive Business Plaza; scheduled for
regular meeting on December 19 , 1983.
* STAFF REPORT
GENERAL INFORMATION 412-03_
Applicant Norstok Building Systems
Status of Applicant general contractor for owner,
Gillian Interests
Requested Action abandonment of 15-foot
general utility easement
Purpose of Request new construction to cross
utility easement area
Property Description Lots 3 and 4, Block 4 , Execu-
tive Business Plaza
Existing Zoning and Land Use GC-MD (General Commercial -
Multiple Dwelling)
EXISTING UTILITIES
GSU has a 13K volt buried cable in the easement.
ANALYSIS
All other City departments and public utilities have submitted
their respective approval.
RECOMMENDATION
The staff recommends approval of the request subject to a written
documented agreement between the applicant and GSU for relocation
or replacement of the existing buried service line.
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on request to abandon
a 15' utility easement in Lots 3 and 4, Block 4 , Executive
Business Plaza on December 19 , 1983.
GENERAL INFORMATION
Applicant Norstok Building Systems
Requested Action abandonment of 15-foot
general utility easement
Purpose of Request new construction to cross
utility easement area
Property Description Lots 3 and 4 , Block 4 , Execu-
tive Business Plaza
EXISTING UTILITIES
GSU has a 13K volt buried cable in the easement.
ANALYSIS
All other City departments and public utilities have submitted
their respective approval.
PLANNING STAFF RECOMMENDATION
The staff recommended approval of the request subject to a written
documented agreement between the applicant and GSU for relocation
or replacement of the existing buried service line.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request sub-
ject to a written agreement between the applicant and GSU for re-
location or replacement of the existing buried service line. by a
vote of 5 to 0.
F }� FILE 412-OB. REQUEST TO
s N s Q, t� B 5-FOOT UTILITY
N J� T'; J I ;�;° EASEMENT BETWEEN LOTS 3 R 4
P55.o BLOCK 4, EXECUTIVE BUSINESS PLAZA.
2 280 APPLICANT: NORSTOK BLDG. SYSTEMS
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ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING A
15-FOOT UTILITY EASEMENT LOCATED
BETWEEN LOTS 3 AND 4 , BLOCK 4 ,
EXECUTIVE BUSINESS PLAZA, BEAUMONT,
JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMO NT:
THAT A 15-foot utility easement, located between Lots 3 and 4 ,
Block 4 , Executive Business Plaza, Beaumont, Jefferson County,
Texas, as shown on the plat attached as Exhibit "A" be, and the
same are hereby , vacated and abandoned, and that title to such
property shall revert to and become the property of the persons
entitled thereto, as provided by law .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 19
- Mayor -
7.
December 30, 1983
Council Letter 240
Honorable Mayor and
Members of City Council
Subject: Kyle Plaza Urban Development Action Grant
The City has received a final draft of the Urban Development Action Grant
(UDAG) agreement for the Kyle Plaza Project. The agreement has been
signed by a representative of the Department of Housing and Urban Develop-
ment (HUD) and must also be signed by the Mayor to become binding.
A UDAG is a grant from HUD for economically-distressed cities to provide aid
for economic development, revitalization and conservation of inner-city
areas. The objective of the UDAG program is to provide the additional finan-
cial backing for inner-city development where development dependent on the
private sector alone would not occur. The function of the UDAG funds is to
leverage private investment by making up the difference between what the
private sector will risk or can afford and what it is willing to support.
UDAG grants are awarded on a "project-specific" basis. Grants are based
on specific development concepts and financing structures and can be used
only as specified in the grant agreement.
The terms of the agreement call for the City of Beaumont to loan $5,000,000
of a $5,050,000 UDAG to the Kyle Plaza developer as a second mortgage. The
developer will repay the UDAG loan to the City over a 20-year period. The
"recaptured" UDAG principal and interest payments must be used by the City
for neighborhood revitalization or economic development activities eligible
under Community Development Block Grant regulations.
The amount of principal and interest paid to the City each year will be de-
termined by the amount of cash flow generated by the project. The City
will be repaid out of 50 percent of the net cash flow after payments have
been deducted to provide equity investors 13 percent returns on their in-
vestments. Net cash flow is defined in the agreement as all annual opera-
ting revenues less debt service, real estate taxes, reasonable operating
expenses, and a management fee of four percent or less. In years when cash
flows are insufficient to make payments to the City, interest will accrue.
Any payments outstanding at the end of 20 years will become immediately
due.
Up to $50,000 of the City's allowable administration costs can be paid out
of the UDAG.
Council Letter 240
December 30, 1983
Page 2
The Legal and Planning Departments have reviewed the agreement and find it
acceptable and in the best interests of the City of Beaumont. The Kyle
Plaza developer, Mr. Bruce Rieck, has reviewed the agreement and has found
it acceptable.
It is recommended that Council adopt a resolution authorizing the Mayor to
sign the Kyle Plaza UDAG agreement on behalf of the City of Beaumont.
L)'Q rAA�"y
Karl Nollenberger
City Manager
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the Mayor be, and he is hereby , authorized to sign the Kyle
Plaza Urban Development Action Grant Agreement on behalf of the City
of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
Mayor -
41
8.
December 30, 1983
Council Letter 238
Honorable Mayor and
Members of City Council
Subject: Establishment of Emergency Medical Service Advisory Commission
One of the changes that Council has approved in our absorption of the
Emergency Medical Services function within the City operation is the es-
tablishment of an Advisory Commission intended to provide impact to Council
on this crucial municipal activity.
The ordinance attached contains the following provisions:
1. The Commission shall have nine members.
2. The three local hospitals shall each have two re-
presentatives.
3. Initially, the terms shall be staggered, with four
serving for two years and five serving for one year.
4. All appointments are by Council action.
A resolution naming the nine members will be on the agenda for January 10th.
It is recommended that the ordinance be adopted.
Karl Nollenberger
City Manager
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 29 OF THE
CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO
ESTABLISH AN EMERGENCY MEDICAL SERVICES
COMMISSION.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Chapter 9 of the Code of Ordinances of the City of
Beaumont is hereby amende3 by adding new sections 29-36 and 29-37 to
read as follows:
Section 29-36
"There is hereby created an Emergency Medical
Services Commission which shall be composed of
nine ( 9 ) members. The members of the Emergency
Medical Services Commission shall be appointed
by the City Council. Of the nine members, four
shall be appointed for a term of two ( 2) years
and five shall be appointed for a term of one
( 1 ) year; thereafter, the term of office of
each commissioner shall be for two (2) years
or until a successor is appointed. Two of
the members of the commission shall be
appointed from each of three ( 3) hospitals in
the City of Beaumont which provide emergency
medical service. The City Council shall name
one of the commissioners as chairman and one
as vice chairman. Vacancies shall be filled
by the Council for the unexpired term.
Members of the Emergency Medical Services
Commission shall serve without compensation.
Section 29-37
The duties of the Emergency Medical Services
Commission shall be advisory in nature to the
City Council and the City Manager. It shall
recommend objectives and policies for emergency
medical services in the City of Beaumont;
assist in planning for a continuing program of
emergency medical services and developments;
assist the Emergency Medical Services Division
in keeping the city officials and the public
informed about the service; and recommend to the
City Council and the City Manager changes and
improvements which will update and improve the
service.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
Mayor -
- 2 -
9.
December 30, 1983
Council Letter 232
Honorable Mayor and
Members of City Council
Subject: Prince Street Outfall Extension
Bids were received on November 7, 1983, for the Community Development Block
Grant funded extension of the Prince Street Outfall project. This project,
illustrated on the attached exhibit, will extend a previously constructed
72" storm sewer along Prince Street to the west side of Magnolia. When the
entire system is completed, it will not only serve as an outfall for Concord,
but also relieve flooding in this section of the City. Of the nine bids
received, the best and lowest was submitted by Bella Company in the amount
of $166,187.57 with thirty working days. The names of the bidders and bid
amounts are:
Bella Company $166,187.57
Minority Assoc. Contracting
Organization, Inc. 171,960.46
Gatlin Asphalt 173,456.80
Greer Construction Company 176,867.15
Baytown Construction Company 189,741.40
Excavators and Constructors,
Inc. 193,348.48
Russ Miller Construction
Company, Inc. 200,425.82
Trotti and Thomson Company 256,210.95
Teal Contracting Company, Inc. 259,720.00
Bella Company has indicated that they will strive to meet the City's Minority
Business Enterprise goal through the use of Gatlin Asphalt Company to provide
materials for street work. Based on estimated quantities, it is anticipated
that the M.B.E. amount would be $14,500 or 8.7 percent of the total contract
price. Although this is less than the City's 10 percent goal , the nature and
size of the project makes it difficult to divide the work into other portions.
The staff believes that Bella Company has made a good faith effort to comply
with the City's policy. The bid did meet all federal requirements.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
PLANS
FOR
CITY OF BEAUMONT
FOR
PROPOSED STREET & DRAINAGE IMPROVEMENTS
FOR
PRINCE STREET
s
L
POLLARD 0
Existing Improvements
HALE
LINCOL
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7, ARTIN
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FRENCH � PR �_� �❑
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FAIR PARK Proposed Construction
R E S O L U T I O N
WHEREAS, bids were received for construction of the Prince
Street Outfall extension; and,
WHEREAS, Bella Company submitted a bid in the amount of
$166,187.57 ; and,
WHEREAS, the City Council is of the opinion that the bid
submitted by Bella 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 of Bella Company in the amount of $166,187.57 be
accepted by the City of Beaumont and that the City Manager be, and he
is hereby , authorized to enter into a contract with Bella Company for
construction of the Prince Street Outfall Extension.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
Mayor -
* `V
10.
December 30, 1983
Council Letter 239
Honorable Mayor and
Members of City Council
Subject: Purchase of Station Wagon for Police Department
Bids were originally requested in October, 1983, for a station wagon to be
in the I.D. function within the Services Division of the Police Department.
The bids received were rejected because of cost and the vehicle has now
been re-bid. The bids are as follows:
Wickersham Ford $8,989.00
Kinsel Ford 9,131,79
J.K. Chevrolet 9,419.00
Dodge City 9,199.00
Beaumont Motor Company 9,476.00
The two lows bids from Wickersham and Kinsel do not meet specifications, in
that a lift gate automatic power lock is not available on this model . The
third low bid, from Dodge City, also fails to meet specifications in that
their product does not have a 6-cylinder engine as per specifications. In
addition, the bids from J.K. Chevrolet and Beaumont Motor Company do not
meet specifications in that vinyl seat covers are not available on the
model bid. In the bids from Wickersham and Kinsel , the failure to have as
standard equipment an automatic tailgate lock is not crucial to the opera-
tion and one that staff feels can be waived.
While Wickersham Ford is the apparent low bidder by some $143. , the ad-
ditional time and expense associated with warranty work and dealer service
when using an out-of-town location makes the bid of Kinsel Ford the best
quote in this situation. The bid received is within the budget range.
It is recommended that the bid of Kinsel Ford be accepted.
�& A", 'C'�'�80_'
Karl Nollenberger
City Manager
NO ,
R E S O L U T I O N
WHEREAS, bids were received for the purchase of one ( 1 )
station wagon; and,
WHEREAS, Kinsel Ford submitted a bid in the amount of
$9,131.79; and;
WHEREAS the City Council is of the opinion that the bid
submitted by Kinsel Ford is the 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 $9,131 .79 for
the purchase of a station wagon is hereby accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont
this the day of 19
- Mayor -
'v
11.
December 30, 1983
Council Letter 235
Honorable Mayor and
Members of City Council
Subject: Purchase of Road Oil
On December 5, 1983, the City received bids from four vendors for the pur-
chase of road oils and emulsified asphalt to be used by the Street Division
for a one-year period. Four types of road oils will be purchased. These
are MC-30, RC-2, AC-Open and EA-Open. It is estimated that City crews will
use approximately 30,000 gallons of MC-30, which is a medium curing cutback
asphalt applied to streets to keep dust down. A total of approximately
10,000 gallons of RC-2, a rapid curing cutback asphalt, will be used in the
bottom of potholes before the hole is filled. The estimated requirements
for AC-Open, which is a primer for hot-mix asphalt, will be about 1,500
gallons. Finally, staff anticipates using around 20,000 gallons of EA-Open.
This is an emulsified asphalt used to recycle old asphalt for reapplication
on the street.
The bids are as follows:
Total
Dixie Texas Estimated
Riffle Pet Co. Materials Emulsions Texaco Cost
MC-30 No Bid .75 N/A .7150 $21,450.00*
RC-2 No Bid .75 N/A .7150 7,150.00*
AC-Open No Bid .6250 N/A .5765 864.75*
EA-Open .65 N/A .65 No Bid 13,000.00**
*Texaco
**Texas Emulsions
The bid of Texaco, Inc. for the MC-30, RC-2 and AC-Open is recommended. The
bid of Texas Emulsions for the EA-Open is recommended due to its close proxi-
mity in Port Neches; the Riffle Petroleum Company is located in Crockett,
Texas.
It is recommended that this resolution be approved.
oVCvl.L,LJ -'4
Karl Nollenberger
City Manager
c
•:0 4 t•—- ,..3`.. ._, _ _ is�. ,_'1T+.,.."J
R E S O L U T I O N
WHEREAS, bids were received for an annual contract for
liquid asphalt; and,
WHEREAS, Texaco, Inc. and Texas Emulsions, Inc. submitted
the following bids :
Texaco, Inc.
Unit Cost/ Approximate Total
Item Gallon Expenditure
MC-30 .7150 $21,450.00
RC-2 .7150 7 ,150.00
AC-open .5765 864.75
and,
Texas Emulsions, Inc.
Unit Cost/ Approximate Total
Item Gallon Expenditure
EA-open .65 $13,000.00
and,
WHEREAS, the City Council is of the opinion that the bids
submitted are the lowest and best bids and should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT :
THAT the bids submitted by Texaco, Inc. and Texas Emulsions, Inc. in
the amounts listed above be accepted by the City of Beaumont and that
the City Manager be, and he is hereby , authorized to enter into
annual contracts with Texaco, Inc. and Texas Emulsions, Inc. for
liquid asphalt.
t
PASSED BY THE CITY COUNCIL of the City of Beaumont
this the day of 19
Mayor -
2 -
12.
December 30, 1983
Council Letter 224
Honorable Mayor and
Members of City Council
Subject: Settlement of Lawsuit
This resolution authorizes settlement of the suit styled Signal Engineering
Company v. the City of Beaumont and Multisonics, Inc. Signal was the con-
tractor for the computerized traffic signal system in downtown Beaumont.
Multisonics was a subcontractor who supplied various items of computer
equipment for the project. Because of delays in completing the project,
the City has retained the sum of $46,410 as liquidated damages for delay.
Signal has claimed that the delay was the responsibility of Multisonics.
A settlement has been reached by which the City will pay the retainage to
Signal . Multisonics will provide the City, without charge, various items
of computer equipment within ninety days of the settlement. In addition,
Multisonics will guarantee firm prices for certain equipment and services
to the City for a term of three years following the date of the judgment.
It is recommended that this settlement be approved.
Karl Nollenberger
City Manager
R E S O L U T I O N
WHEREAS, there is presently pending in the District Court
of Jefferson County, Texas a case styled Signal Engineering Company
v. City of Beaumont and Multisonics, Inc. , No. B-116 ,668 ; and,
WHEREAS, the parties have, by agreement, resolved all
matters in dispute;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be, and he is hereby , authorized to
execute, on behalf of the City of Beaumont, an Agreed Judgment to
be entered in the above-entitled and numbered cause, a copy of
which is attached hereto as Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 19
- Mayor -
13.
December 30, 1983
Council Letter 234
Honorable Mayor and
Members of City Council
Subject: Contract with State Health Department
It is time for renewal of the City Health Department's annual contract with
the State Health Department for state and federal funds to provide assistance
to the City Health Department in providing certain public health services.
The funding level for this year is basically the same as last year, for a
total of $136,363.96. Of this figure, $134,163.96 goes to salaries of five
employees and $2,200.00 is dedicated to clinician fees. The five employees
include the City's Health Authority, a senior general public health nurse,
a maternal and child health nurse, and a maternal and child health clerk.
Approval of this contract is required for the Health Department to continue
to be reimbursed for the expenditure of those funds.
It is recommended that the contract be approved.
Karl Nollenberger
City Manager
c+l ,';"'��a .fir, 4 �-� ► -may;
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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 contract with the State Health Department for the
period of September 1, 1983 to August 31, 1984 for state
assistance in health department activities in the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont
this the day of 19
Mayor -
14.
December 30, 1983
Council Letter 241
Honorable Mayor and
Members of City Council
Subject: Labor Agreement between City of Beaumont and Beaumont Police
Officers Association
The City's negotiators and representatives of the Beaumont Police Officers
Association (BPOA) have reached tentative agreement on the terms and con-
ditions of a labor contract covering fiscal year 1984.
The significant changes which are included in the proposed agreement are
outlined below:
1. Impasse Procedure - provides that unresolved disputes will
be resolved through fact finding and, if necessary, voter
referendum.
2. Insurance -
a. Life Insurance - provides for a $5,000 increase in this
benefit; the proposed coverage ranges from $15,000 to
$22,500, depending on rank.
b. Health Insurance - establishes caps on the City's parti-
cipation in the provision of employee and dependent
health coverage - proposed caps are $165 per month for
an employee and one dependent and $205 per month for full
coverage. In effect, using our current actuarial esti-
mates of costs of $170 for an employee and one dependent
and $225 for full family coverage, a contribution of $5
for one dependent and $20 for full family will be re-
quired by contract effective July 1, 1984. This is the
contribution level now required for all other employees
with the exception of those employees within the Fire
bargaining unit who are now not required to contribute to
coverage costs.
c. Pilot Program - provides that the parties will establish
a pilot program to provide health insurance coverage to
retired and disabled employees, effective April 1, 1984.
The funding for this program will come from up to one
percent of the compensation of active employees.
3. Wages - the proposal provides for a three percent increase ef-
fective April 1, 1984, less the amount, up to one percent, de-
detmined to be necessary to fund the pilot insurance program
for retired and disabled members.
Council Letter 241
December 30, 1983
Page 2
4. Clothing - increases clothing allowance by $20 per month to
employees for clothing and uniform maintenance, effective
July 1, 1984.
5. Grievance Procedure - modifies the procedure to enable the
use of the general employees' procedure when the Union
determines not to pursue the grievance through arbitration.
6. Vacation - modifies the vacation schedule of employees with
less than five years of service hired after January 1, 1984,
to provide two weeks rather than three weeks of annual leave.
Savings generated by this modification are to be reviewed
annually and will be taken into consideration in future con-
tract settlements.
7. Payment for Accrued Sick Leave - increases the minimum ser-
vice required from one year to two years of services to re-
ceive payment for unused sick leave upon termination.
8. Committee - establishes a labor relations committee which
shall meet to discuss matters of interest to management
and the Union. Also, provides that the parties will begin
to discuss areas of possible productivity improvement in
August, 1984.
It is recommended that the City Manager be authorized to execute the proposed
labor agreement.
_ I J
Karl Nollenberger
City Manager
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to
enter into a labor agreement with +-he Beaumont Police Officers
Association for the period October 1, 1983 thru September 30,
1984.
PASSED BY THE CITY COUNCIL of the City of Beaumont
this the day of 19
- Mayor -
CALENDAR
Tuesday, January 3 - Chamber of Commerce Board Room
12:00 Noon - Congressman Ron Paul of Lake Jackson, Texas
will speak to Board of Directors & Public
Affairs Committee
1:15 P.M. - Council Chambers
Council Meeting, followed by Work Session
.t1
* Wednesday, January 4 - Channel 6
9:00 A.M. - Taping Session
(Judy Kelfstrom)
* Monday, January 9 - Gateway Bowling Lanes (MAYOR & MRS. NEILD)
6:00 P.M. - Opening ceremonies for National Bowling Week
(Sandy Carr)
* MAYOR
r'
1
CONSENT AGENDA
JANUARY 3, 1984
* Approval of Minutes.
a. A resolution authorizing rental of a bulldozer for use
at the landfill .
b. A resolution accepting the Traffic Signal Improvement
Project as complete and authorizing final payment to the
contractor.
c. A resolution authorizing Change Order No. 2 on the
Phelan Boulevard TIP Project.
d. A resolution making committee appointments.
December 30, 1983 a.
Council Letter 233
Honorable Mayor and
Members of City Council
Subject: Rental of Bulldozer for Landfill
On December 5, 1983, bids were received from two vendors for the rental of
a bulldozer to be used on the landfill should it be necessary due to
equipment malfunction of our own bulldozer. This bulldozer will be used to
spread sand and clay over the solid waste in the landfill .
The bids are as follows:
Speedway Service Hyco Equipment
Silsbee Beaumont
Bulldozer rental with operator $40/hour N/A
Bulldozer rental without operator N/A $590/day
Move-in charge None $125.
Move-out charge None $125.
It is recommended that the bid of Speedway Service of Silsbee be accepted.
�,)s u"-, V
Karl Nollenberger
City Manager
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R E S O L U T I O N
WHEREAS, bids were received for rental of a bulldozer for
use at the city landfill when city equipment is not available; and,
WHEREAS, Speedway Service Company of Silsbee, Texas
submitted a bid in the amount of $40/hour with operator; and,
WHEREAS, the City Council is of the opinion that the bid
submitted by Speedway Service 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 Speedway Service Company in the amount of
$40/hour with operator for rental of a bulldozer is hereby accepted
by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
- Mayor -
b.
December 30, 1983
Council Letter 231
Honorable Mayor and
Members of City Council
Subject: Traffic Signal Improvement Project
On March 8, 1983, the City of Beaumont awarded a contract to D & S Barri-
cading in the amount of $57,293.50 for the installation of traffic signal
light pole foundations and conduit for twelve intersections. During the
course of construction, unexpected underground utilities were encountered
at five of the twelve intersections. A total of 447 additional feet of
conduit were required to go under and around these obstructions, which
caused an overrun of $3,525.50 (6 percent) . The final price of this pro-
ject, including the overrun, was $60,819. The Urban Transportation De-
partment has inspected the project and found it to have been satisfactorily
constructed according to the plans and specifications.
It is recommended that final payment of $2,810.41 be made to the contractor.
�zs N�Q4' 'Lkkjo
Karl Nollenberger
City Manager
R E S O L U T I O N
WHEREAS, on March 8 , 1983, City Council awarded a contract
to D & S Barricading in the amount of $57,293.50 for the traffic
signal improvement project; and,
WHEREAS, the project has been completed at a cost to the
city of $60,819 ;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the traffic signal improvement project 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 & S Barricading in the amount
of $2 ,810.41.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
Mayor -
December 30, 1983 C.
Council Letter 237
Honorable Mayor and
Members of City Council
Subject: Phelan Boulevard TIP Project Change Order No. 2
The Phelan Boulevard TIP Project, authorized by Council on November 2, 1982,
included water and sewer improvements financed by the Water Utilities De-
partment. During the course of construction, it was noted that a section of
asbestos cement water line would be within several inches of the concrete
pavement. This line, which will be located underneath the pavement, had
been raised due to the installation of new sewer line. Because of the water
line's close proximity to the pavement, it is recommended that the 6" asbes-
tos cement water line and its connectors be replaced with a 6" cast iron
water line with cast iron fittings. A cast iron line has a greater load
bearing capacity than asbestos cement and will reduce the possibility of
leaks underneath the pavement.
The cost of the revision is $1,730 and will increase the contract total
from $3,265,918.75 to $3,267,648.75.
It is recommended that the resolution be approved.
i2 r�
Karl Nollenberger�
City Manager
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R E S O L U T I O N
WHEREAS, on November 2 , 1982, the City of Beaumont entered
into a contract with Troy Dodson Construction Company in the amount
of $3,259,018 .75 for the Phelan Boulevard T . I.P. Project No. 11-82-1 ;
and,
WHEREAS, Change Order No. 2 has been recommended in the
amount of $1 ,730 to replace a 6" asbestos cement water line and its
connections with a 6" cast iron water line with cast iron fittings;
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
Change Order No. 2 to the contract with Troy Dodson Construction
Company thereby increasing the amount of the contract from
$3 ,265,918 .75 to 3 ,266,648.75.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
Mayor -
December 30, 1983 d.
Council Letter 236
Honorable Mayor and
Members of City Council
Subject: Committee Appointments
A resolution making committee appointments is on the agenda for considera-
tion Tuesday.
Kenneth Bartos would be appointed to the Senior Citizens Advisory Commission
for the unexpired term of Alice Jefferson Taylor ending on September 30, 1985,
on a nomination by Mayor Neild. Bettye Smith would be named to the Transit
Advisory Committee for a term expiring June 30, 1985, on a nomination by
Councilman Moore. Virginia Stansbury would be reappointed to the Senior
Citizens Advisory Commission for a term expiring September 30, 1985, also on
a nomination by Councilman Moore.
It is recommended that the resolution be approved.
Karl Nollenberger
City Manager
f i�•
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:
Term
Appointments Reappointments Commission Expires
Kenneth Bartos Sr. Citizens 9/30/85
(To fill unexpired. Advisory
term of Alice
Jefferson Taylor
Bettye Smith Transit 6/30/85
Advisory
Virginia Stansbury Sr. Citizens 9/30/85
Advisory
PASSED BY THE CITY COUNCIL of the City of Beaumont
this the day of , 19
Mayor -