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HomeMy WebLinkAboutPACKET DEC 13 1983 i. CONSENT AGENDA DECEMBER 13, 1983 * Approval of Minutes. a. A resolution accepting a water line and a utility easement in the Prutzman Road Apartments development. b. A resolution authorizing payment for repairs to a bulldozer. c. A resolution accepting the work at the Service Center as complete and authorizing final payment to the contractor. d. An ordinance amending the commercial hand-loaded garbage collection rates. .. 1 a. December 9, 1983 Council Letter 194 Honorable Mayor and Members of City Council Subject: Water Lines for Prutzman Apartments The developer of Prutzman Road Apartments, at 7090 Prutzman, between Shakes- peare and Matthews, has installed water lines and a fire hydrant to serve the development. These improvements have been inspected and found to conform to City standards. Since the development is not a platted subdivision, the developer has dedicated a 10-foot-wide utility easement for maintenance of the lines. It is recommended that the water lines and the easement be accepted. Karl Nollenberger City Manager I s N.890-26'W.. 110' I NEW 2" I WATER MAIN 1 3 0 NEW FIRE HYDRANT r O I 1 ( Z CD O w v1 2 r wl IQ I IIw o I rn l I >_ i r w I H o � ? I O w 1 ZI o fx 0 3 to N. 890-26' W. +--NEW 6"WATER MAIN EXIST. 6" PRUTZMAN W EXIST.16'' O w fr D_ N SCALE: 1 100' APPROVED BY DRAWN BY N x W w DATE: OCT. 12 , 1983 R . COLLIER � Y a r DRAWING NUMBER niC T7!'Cni heACTF Fi F(lAM 1��HMF r A G E I I M)A YUL 1v 72- NO R E S O L U T I O N WHEREAS, the developer of the Prutzman Road Apartments has tendered a ten foot ( 10' ) wide easement to the City of Beaumont, Jefferson County, Texas, for utility purposes; and, WHEREAS, the City Council has considered the purposes of said easement and is of the opinion that the acceptance of said easement for utility purposes is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT said easement tendered by the developer of the Prutzman Road Apartments to the City of Beaumont, and the same is hereby , in all things accepted. BE IT FURTHER RESOLVED that the installation of the necessary water lines and fire hydrant, also installed by the developer and approved by the Water Utilities Department, be, and the same are hereby , accepted. PASSIE:D BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - b. December 9, 1983 Council Letter 193 Honorable Mayor and Members of City Council Subject: Payment for Repairs to Bulldozer This resolution would authorize payment in the amount of $1,035.72 for re- pairs to a rental bulldozer used in fighting a trash fire at the landfill on Sunday, October 30th. The bulldozer was brought in to turn the trash so that the Fire Department could wet down material that was. smoldering beneath the surface, as-the fire threatened to burn out of control . The two landfill bulldozers were out of service for repairs. One had a burned out rear end and the other a malfunc- tioning water pump. The large landfill compactor could not be used without running the risk of its bogging down in the trash and being caught in the fire. A bulldozer was rented for the purpose from Troy Dodson Construction Company after calls to a number of dealers and contractors in an effort to find a small dozer available immediately on a short-term rental basis. The bulldozer was used successfully in combating the fire but its hydraulic pump and several hydraulic lines were destroyed by the heat. The repairs cost $1,035.72, and the City has received an invoice for that amount from the contractor. It is recommended that Council authorize payment for the repairs. 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 pay the amount of $1 ,035. 72 to Troy Dodson Construction Co. , Inc. of Beaumont, Texas as an emergency matter for damages to a rented bull dozer. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - C. December 6, 1983 Council Letter 191 Honorable Mayor and Members of City Council Subject: Final Payment for Service Center In April , 1982, City Council approved a contract with Nash Construction for building the City of Beaumont's new Service Center. This facility, located on Lafin Drive, is now complete and the City's Sanitation, Drainage and Fleet Maintenance activities operate out of it. This project has been financed from the Capital Projects Funds. The original construction contract was $2,543,000. Council has since approved six Change Orders, increasing the contract $30,715. The facility has been inspected and approved by the project architects and final payment of $135,312 is now due the contractor. The final contract price is $2,573,715. It is recommended that Council accept the project as complete and authorize final payment to the contractor. Karl Nollenberger City Manager i NO R E S O L U T I O N WHEREAS, in April , 1982, City Council awarded. a contract to Nash Construction in the amount of $2 ,543,000 for construction of the Service Center; and, WHEREAS, after six change orders the amount of the contract was increased to $2 ,573,715; and, WHEREAS, the project has been completed in accordance with the plans and specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT construction of the Service Center is hereby accepted by the City of Beaumont and that the City Manager be, and he is hereby , authorized to make final payment to Nash Construction in the amount of $135,312. +} i PASSED BY THE CITY COUNCIL of the City of Beaumont this the k day of 19 i'. -f Mayor - �:x d. December 9, 1983 Council Letter 199 Honorable Mayor and Members of City Council , Subject: Amendment of Hand-loaded Garbage Commercial Rates On September 27th of this year, the City Council passed a great number of ordinances relating to the fiscal year 1984 budget. One of these ordinances amended the- residential collection rates from $7.00 to $9.60 and from $7.00 to $8.00. Within this amendment, it was our intent to also amend the rates for what is called hand-loaded commercial collection by an equal amount. Containers 2 Pickups Per Week 4 Pickups Per Week 0-2 $8.00 ($10.00) $16.00 ($20.00) 3 or more 2.00 each 4.00 each in excess of 2 in excess of 2 The change intended on September 27th amounted to a straight $2.00 per month increase from $8.00 to $10.00 for two pickups per week with no increase in additional containers and an increase from $16.00 to $20.00 per week with no increase in the number of containers over two. These rates were given to the Sanitation Department and were being used for the billing increases, along with the residential rate adjustments in October. The failure to include these rates in the implementing ordinance was an unfortunate oversight for which we apologize. It is recommended ,Li at the increases be approved. Karl Nollenberger City Manager I � Iran NO ORDINANCE NO. ENTITLED AN ORDINANCE ESTABLISHING CHARGES FOR HAND-LOADED COMMERCIAL GARBAGE PICKUP; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY.. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . Chapter 28, Section 28-28( b) of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Section 28-28(b) [The rates for hand-loaded commercial pickup are found in Appendix A, Section III] Appendix A, Section III The rates set out in the following schedule are monthly charges for sanitation service based on the number of containers as defined in Section 28-22 herein: Containers 2 Pickups per Week 4 Pickups per Week 0-2 $10.00 $20. 00 3 or more 2. 00 each 4. 00 each in excess of 2 in excess of 2 Section 2. This ordinance shall be and become effective from and after October 1 , 1983. 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 portion of this ordinance, and to such end the various portions and provisions of the 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 - k F k' j.. F 2 _ . AGENDA REGULAR SESSION OF THE CITY COUNCIL DECEMBER 13, 1983 CITY COUNCIL CHAMBERS 1:15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. 1. a. An ordinance changing the zoning from RS (Residential Single Family) to RM-H (Residential Multiple Family-High Density) on property at 9925 Old Voth Road. b. An ordinance granting a Specific Use Permit to operate a beauty shop on property at 9925 Old Voth Road. 2. An ordinance enlarging the Board of Directors of Reinvestment Zone No. 1. 3. An ordinance enlarging the Library Commission. 4. A resolution authorizing acquisition of easements for the Railroad Interceptor Project of the Sanitary Sewer Improvements Program. 5. A resolution authorizing purchase of an 82.535-acre tract of land for the sanitary landfill . 6. A resolution authorizing acquisition of right-of-way along Calder. 7. A resolution authorizing lease/purchase of a copier, 8. A resolution accepting as complete the Willow Bend Drive Participation Project and authorizing final payment to the contractor. Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. la. - lb. December 9, 1983 Council Letter . 204 Honorable Mayor and Members of City Council Subject: Request for Zone Change and Specific Use Permit at 9925 Old Voth Road A request by T.W. Atwood for a zoning change from RS (Residential Single Family) to RM-H (Residential Multiple Family-High Density) and a Specific Use Permit for property at 9925 Old Voth Road was deferred for one week in order to allow the applicant an opportunity to discuss his situation with the Attorney's office and the Director of Planning. A report from the Assistant City Attorney is attached. Based on this report, we find no reason to change our recommendation for denial of the request. Karl Nollenberger City Manager INTER-OFFICE MEMORANDUM City of Beaumont, Texas Date: December 9 , 1983 TO: Mayor and City Council Members FROM: Lane Nichols, Assistant City Attorney SUBJECT: Request for Zone Change and Specific Use Permit 9925 Old Voth Road C O M M E N T S: As you recall, item No. 8 on the Council Agenda of December 6 , 1983 was deferred for one week so that Mr. T. W. Atwood, the applicant could confer with our office concerning his allegation that the handling of his zone change request was improper. Jesse Torres and I met with Mr . Atwood Wednesday , December 7 , 1983. As a preface to summarizing Mr . Atwood' s complaints, we should state that we find no legal infirmity in the method and manner of the handling of Mr . Atwood' s request for a zone change and a specific use permit. For reference, I have attached a copy of the Planning Department analysis.- On the first page of such analysis, Mr . Atwood alleges that the, "Surrounding Zoning and Land Use" information is inaccurate because staff stated that the property south of the subject is vacant and contains a GSU power line easement. Mr . Atwood alleges that the property is owned in fee by Tenneco and contains two pipelines and that the GSU power line is south of the Tenneco property. Further, Mr . Atwood alleges that Gulf States owns Mayor and Council December 9 , 1983 Page 2 the property on which the power line is located in fee. Our tax records do not reveal the Tenneco or GSU ownership. On the second page of the staff report under "analysis" Mr . Atwood takes issue with the statement that "surrounding land use is entirely low density single-family uses, " Mr . Atwood notes that the Palace Restaurant is located north of his property approximately 1100 feet and should have been shown on the staff report because the parking lots of the Palace empty onto Voth Road. Mr. Atwood states that the pipeline and Gulf States uses are certainly not single-family uses. Mr . Atwood takes issue with the second statement that, " (Tlhe request is contrary to land use principals which state that high density multi-family uses should be located along major arterials and not originate in mid-block. " This is not the language used in our zoning regulations but it is used in the comprehensive plan. At the meeting we furnished Mr. Atwood with a copy of the comprehensive plan and referred him to the appropriate language dealing with high-density multi-family land uses. Mr. Atwood believes that the language from Section 30-10 of our ordinances should have been quoted exactly . This language provides, "The RM-H District, is usually located adjacent to a major street. . . ." Mr. Atwood took issue with the third statement which says "An approved zone change will generate similar requests in the future in order that compatibility of land uses can be _Mayor and Council December 9 , 1983 Page 3 maintained. " Mr. Atwood states that the city can not know that his zone change will generate similar requests. It is not fair so to state because it penalizes him for something that might , or might not happen. The fourth analysis stated that the zone change would constitute "spot zoning". Mr. Atwood believes that the "spot zoning" designation is merely an excuse used by the Zoning Department to deny zone change requests which they do not want to approve and that any zone change can be characterized as spot zoning if the staff so desires. our attempts to explain the Po legal basis of spot zoning and its reference to the 9 9 comprehensive plan were not well received by Mr . Atwood. With reference to the fifth analysis statement, that the request is not in accordance with the comprehensive plan, Mr . Atwood was under the mistaken impression that a zone change is merely a request to amend the comprehensive plan. In spite of our explanations concerning the relationship between zone changes and the comprehensive plan, Mr. Atwood remained firm that a zone changshould be considered a request to amend the comprehensive plan. Mr. Atwood noted on page 3 of the analysis that notices were mailed to 11 property owners. He alleges that this is an excessive number of property owners because there are only 4 property owners within 200 feet of his property. He also Mayor and City Council December 9 , 1983 Page 4 alleges that Gulf States is a property owner and was not notified. Mr. Atwood' s allegation is at odds with the tax rolls which are used to provide notification. one of the properties was owned by eight persons in undivided interests. Notification was made in accordance with the City of Beaumont tax roll and thus was valid. Mr . Atwood was unhappy with the analysis for his specific use permit application. Specifically , the explanation under condition 1 , according to Mr . Atwood, should have listed the disadvantages to surrounding property owners from his zone change and detailed how future development of RS properties would have been impaired by his zone change. Although we find no legal impediment to action on Mr . Atwood' s zone change request; we agreed to provide the Council with Mr . Atwood' s position as accurately as possible. Mr. Atwood' s primary concern other than the alleged inaccuracies in the staff report, was that he received the staff report only a - short time before the hearing arid did not have adequate time to prepare a rebuttal to the alleged inaccuracies. We explained to Mr . Atwood that the receipt of the staff report by the applicant is a mere courtesy and that no time limit for receiving the report is established by law. Mr . Atwood and his wife both attended the hearing concerning his zone change request and his wife spoke in favor of the request. Mayor and Council December 9 , 1983 Page 5 If you have other questions concerning our meeting with Mr . Atwood, please feel free to call. 'Lane Nichols Assistant City Attorney LN:mjr 8. December 2, 1983 Council Letter 173 Honorable Mayor and Members of City Council Subject: Request for Zoning Change and Specific Use Permit at 9925 Old Voth Road A request by T.W. Atwood for a zoning change from RS (Residential Single Family) to RM-H (Residential Multiple Family-High Density) and a Specific Use Permit for property at 9925 Old Voth Road was reviewed at the joint public hearing of the Planning Commission and the City Council on November 21, 1983. The Planning staff recommended denial of the request because it is contrary to land use principles which state that high density multi-family land uses should be located only along major arterials and not originate in mid-block; the request is contrary to the City's Comprehensive Land Use Plan; and the request fails to meet two of the eight conditions necessary for approval of a Specific Use Permit. Eleven notices were mailed to property owners and one response was received in favor. The Planning Commission recommended denial of the request by a vote of 6 to 0. It is recommended that this request be denied. Karl Nollenberger City Manager cc: Planning Department i TO: Planning Gommission'and City Council FROM: Planning Department SUBJECT: Request for zone change from RS to RM-H and a specific use permit to operate a beauty shop on property located at 9925 Voth Road; scheduled for joint public hearing on November 21, 1983. * STAFF REPORT GENERAL INFORMATION 890—Z/P Applicant T. W. Atwood Status of Applicant property owner Requested Action zone change from RS to RM-H (Residential Multiple Family - High Density) and specific use permit for beauty shop Existing Zoning RS (Residential Single Family) Location 9925 Old Voth Road Size 196 x 250 , 1. 1 acres Existing Land Use residential Surrounding Zoning and Land Use north - RS, residential east - RS (across Old Voth Rd) , vacant south - RS, vacant (GSU power line easement) west - RS, vacant Physical Features entire tract measures 196 x 1875 (8. 37 acres) Comprehensive Plan Stable Area SPECIAL INFORMATION Public Utilities Sanitary Sewer: 10 inch line Storm Drainage: open ditches i` north to Pine Island Bayou Water: 16 inch line 8°0-Z/-P RS to RM-H and SUP Page 2 SPECIAL INFORMATION (cont'd) Streets Old Voth Road is designated as a residential collector and has a 60-foot right-of-way and 18-foot pavement. Fire Protection Station #8, 6297 Highway 105 , ZONE CHANCE= ANALYSIS - Surrounding land use is entirely low density single family uses. - The request is contrary to land use principles which state that high density multi-family land uses should be located along major arterials and not originate in mid-block. - An approved zone change will generate similar requests in the future in order that compatibility of land uses can be maintained. - The request would constitute "spot zoning" in that it grants a privilege or right to use a piece of property in a more intense manner than is being granted similar properties in the same vicinity. - The request is not in accordance with the comprehensive plan. RECOMMENDATION The staff recommends denial of the request. The request is based on: - the site is contrary to land use principles which state that high density multi-family should be on major arterials; the request is contrary to the comprehensive plan. -SUP : ANALYSIS See Specific Use Permit Review. 890-Z/ = RS to RM-H and SUP Page 3 RECOMMENDATION The proposed use fails to satisfy Conditions 1 and 8. Based on the requirement that all eight conditions must be satisfied, the staff recommends denial. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 11 Responses in Favor of Request Responses Opposed to Request i SPECIFIC USE PERMIT REVIEW 890-Z/P ORDINANCE REOUIREMENTS PROPOSAL 1. Description of processes and----'-------- beauty shop, one employee activities. 2. Boundaries of area covered by site------ eastern 196 x 250 ' , Tract plan with dimensions. 65, W. B. Dyches Survey, Abstract 17 3. Existing and proposed building locations with: - number of stories; ------------------- one - height; ------------------------------ 15 - gross floor area; -------------------- 12 x 24 , modular building - entrances and exits. ----------------- from Old Voth Road 4 . Existing drainage locations and --------- to open ditches in Old Voth direction of flow. Road 5. Proposed landscaping and screening ------ no proposal buffers. 6. Location and dimensions of: curb cuts (existing and proposed) one at 20 feet - public and private streets, showing --Old Voth Road: 60 ' row rights-of-way widths; parking and loading areas;------------parking in rear of residence - pedestrian walks; --------------------none -- exterior lighting; -------------------no proposal - trash' storage locations; -------------normal residential collec- tion 7. Fences or screening provisions ----------none showing location, type and height. 8. Sign height, location and dimensions.----none 890-Z/P CONDITIONS FOR APPROVAL; A Specific Use Permit shall be issued only if an "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; Zone change to RM—H will place surrounding property owners at a disadvantage. Future development of RS properties is impaired until zoning pattern is made compatible. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The zoning change to RM-H will require future zone changes. Vacant RS property east of Old Voth Road will require similar or less restrictive district. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities are adequate for service. 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; Driveways and parking are adequate. 5) That adequate nuisance prevention measures have been or will be taken . to prevent or control offensive odor, fumes, dust, noise and vibration; Proposed use will generate none of the five environmental nuisances. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; Proposal has no exterior lighting. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; No additional landscaping proposed. Property is heavily wooded. 8) That the proposed use is in accordance with the comprehensive plan; The request is not in accordance with the comprehensive plan. TO: City Council FROM: Planning Department SUBJECT: Summary of Planning Commission action on request for zone change from RS to. RM-H and a specific use permit to operate a beauty shop on property located at 9925 Voth Road (890-Z/P) ; November 21, 1983. GENERAL INFORMATION Applicant T. W. Atwood Requested Action zone change from RS (Residential Single Family) to RM-H (Resi- dential Multiple Family - High Density) and specific use permit for beauty shop Location 9925 Old Voth Road Size 196 x 250 , 1. 1 acres PLANNING STAFF RECOMMENDATION The staff recommended denial of the request for a zone change on the basis that the site is contrary to land use principles which state that high density multi-family should be on major arterials and the request is contrary to the comprehensive plan. In addition, the staff recommended denial of the specific use permit on the basis that it failed to satisfy Conditions 1 and 8 . PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended denial of the request by a vote of 6 to 0. PUBLIC NOTIFICATION AND RESPONSE _ Notices Mailed to Property Owners 11 Responses in Favor of Request 1 Responses Opposed to Request 0 ----- --------' FIL F 890_-Z/P. REQUEST FOR ZONE CHANCE •) r __ 04 � � � RS TO RM-H AND A S.U.P. FOR A BEAUTY •� eI SHOP LOCATED 9925 OLD VOTH ROAD. APPLICANT: T. W. ATWOOD ' I r n S H « HURLEY 1/20-- 0 ,s x.• m r ` v �• CD . I CP • /5 ?/st to r ]� 233' RS m � OD ~ v subject 2 U. , 8 CSL"r t C- M D v RS ° b a a _ - o - . I MUD U / RPTEN ORDINANCE NO. NO / a.. 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 DWELLING - HIGH DENSITY) DISTRICT ON PROPERTY LOCATED AT 9925 C LD VOTH ROAD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT : Section 1 . THAT Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-5B thereof , is hereby amended by changing the zoning i classification from RS (Residential Single Family ) District to RM-H ( Residential Multiple Dwelling - High Density) District on property 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 19 Mayor - 2 - NO ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A BEAUTY SHOP ON PROPERTY LOCATED AT 9925 OLD VOTH ROAD. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a specific use permit for a beauty shop on property located at 9925 Old Voth Road, Beaumont, Jefferson County , Texas to T . W. Atwood, 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 the specific use permit for a beauty shop on property located at 9925 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 T . W. Atwood, owner, his legal representatives, successors and assigns for that certain tract described in Exhibit "A" attached hereto and made a part hereof for all purposes. is 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 - 2. December 9, 1983 Council Letter 196 Honorable Mayor and Members of City Council Subject: Increase Size of Board of Directors of Reinvestment Zone No. 1 This ordinance increases the size of the Board of Directors of Reinvestment Zone No. One, City of Beaumont, Texas, from seven members to twelve members. The law was amended to provide that each taxing unit which levies taxes with- in the zone may appoint a member of the board. Four of the five taxing units levying taxes within the zone have made appointments. The Port of Beaumont has not yet appointed a member. _The taxing units and their appointments are as follows: South Park Independent School District Marilyn Busceme Jefferson County Drainage District No. 6 Pat Henderson Jefferson County Richard P. LeBlanc, Jr. Beaumont Navigation District Walter Crawford, Sr. Three members of the original board, Murry Frank, Yvonne Craig and Ed Edson, III , were appointed for one-year terms. It is suggested that their reappointments or replacements not be made until January so that the current board, with the new members, can complete the financing plan in December. The board is pre- paring a financing plan, also required by the new Act, which must be acted upon by the City Council prior to January 1st. The plan will , of necessity, be very flexible. It is recommended that this ordinance be adopted. Karl Nollenberger City Manager _ } fie! �"._...—•-- '} ' S'"?"`'` y, NO ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 4 OF ORDINANCE NO. 82-132 INCREASING THE NUMBER OF DIRECTORS OF REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS. WHEREAS, by Ordinance No. 82-132 ( the "Ordinance" ) adopted on December 7 , 1982, the City Council established Reinvestment Zone Number One, City of Beaumont, Texas, pursuant to Article 1066e , Vernon' s Texas Civil Statutes ( the "Act" ) ; and, WHEREAS, Section 4 of the Ordinance established a board of directors for the zone consisting of seven (7 ) members; and, WHEREAS, the 1983 Texas Legislature amended the Act to provide that each taxing authority which levies taxes within a reinvestment zone may appoint a member of the board of directors of the zone; and, WHEREAS, the following taxing authorities, other than the City of Beaumont, levy taxes within Reinvestment Zone No. One, City of Beaumont, Texas: South Park Independent School District, Jefferson County , Beaumont Navigation District, Port of Beaumont Navigation District, and Jefferson County Drainage District No. 6 ; NOW, THEREFORE, BE IT ORDAINED BY THE • CITY OF BEAUMONT: Section 1 . THAT Section 4 of Ordinance No. 82-132 is hereby amended by adding a new paragraph to be located between the present first and second paragraphs of Section 4 , said new paragraph to read as follows: In addition to the directors appointed above, the board of directors of the zone shall also consist of representatives appointed to the board of directors by the taxing authorities which levy taxes within the zone pursuant to Article 1066e, as amended. Section 2 . THAT in all other respects, said Ordinance No. 82-132 shall be and remain in full force and effect. PASSED BY THE CITY COUNCIL of the City of Beaumont this day of 1983. Mayor - z a a i� 4' F Yr _ t 5 t 9 2 - 3. December 9, 1983 Council Letter 198 Honorable Mayor and Members of City Council Subject: Library Commission Expansion As you requested, attached is an ordinance increasing the size of the Library Commission from seven members to nine members. Karl Nollenberger City Manager L y ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THR CITY OF BEAUMONT TO INCREASE THE SIZE OF THE LIBRARY COMMISSION; PROVIDING FOR SEVE RABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 16, Section 16-1 of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended to read as follows: Section 16-1 There is hereby created a Library Commission which shall be composed of nine (9 ) members who are resident citizens and qualified voters of this city. The members of the Library Commission shall be appointed by the City Council for two ( 2 ) years or until a successor is appointed. The City Council shall name one of the commissioners as chairman and one as vice-chariman. Vacancies shall be filled by the City Council for the unexpired term. Members of the Library Commission shall serve without compensation. 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 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 2 - 4. December 2, 1983 Council Letter 192 Honorable Mayor and Members of City Council Subject: Acquisition of Two Easements for the Railroad Interceptor Project of the Sanitary Sewer Improvements Program Project 13, Railroad Interceptor, is part of the Phase II Sanitary Sewer Im- provements Program funded by a 75 percent EPA Grant. The function of the proposed interceptor sewer line will be to intercept sanitary sewage flows that are currently discharging to combined sewers. Routing of this line (Map I) is generally parallel to the Santa Fe and Southern Pacific right-of-way from St. Helena Street and IH-10 to Avenue A and Wall Street. Where practical and economical , the proposed line is located on street right-of-way. In two areas of the route, it is more economical to locate the line on private property owned by Santa Fe Railway Company and Southern Pacific Railway Company. The two railway companies have agreed to provide an easement for the proposed sewer line for a one-time license fee payment (Santa Fe, $30,000; Southern Pacific, $19,225) . Alternate routes were investigated in lieu of both ease- ments, but in both cases, it was more economical to pay for the easement rights. The proposed Santa Fe easement is shown on Map II, along with an alternate route. Proposed Route 2058 feet - 36" gravity sewer @ $115 per foot $236,670 80 feet - 36" tunnel @ $350 per foot 28,000 8 - 48" manholes @ $3,000 each 24,000 Total $288,670 Alternate Route 2628 feet - 36" gravity sewer @ $135 per foot (under pavement) $354,780 240 feet - 36" tunnel @ $350 per foot 84,000 5 - 48" manholes @ $3,000 each 15,000 Total $462,780 Extra cost for alternate route $174,110 Santa Fe license fee for proposed route $ 30,000 Council Letter 192 December 2, 1983 Page 2 The proposed Southern Pacific easement is shown on Map III, along with an al- ternate route. Proposed Route 775 feet - 48" gravity sewer @ $155 per foot $119,815 71 feet - .48" tunnel @ $400 per foot 28,400 2 - 48" manholes @ $3,000 each 6,000 Total $154,215 Alternate Route 1420 feet - 48" gravity sewer @ $155 per foot $220,100 100 feet - 48" tunnel @ $400 per foot 40,000 4 - 48" manholes @ $3,000 each 12,000 Total $272,100 Extra cost for alternate route $117,885 Southern Pacific license fee for proposed route $ 19,225 Funds for easement acquisition are available in the capital improvement fund. It is recommended that execution of the license agreements and payment of the license fees be approved. Karl Nollenberger City Manager . , . • , � INTERCEPTOR RACT 13 MOM mom MAW NRRPMM � � • ■ e■■■!�!■!� �r PPR.. MMNDM. mom CONTRACT 13 mom 01, Mill M.— ME■e � ♦�11�� PIPM MA PROPOSED LIFT STATION IL CONTRACT 11 ire IMF v0 ®1� !►1.111 .;� 1 VAIMEN AVON ate■■©■ mm!M■■m��►��■■■ ■■■■■■�■I�� ■� mmamm MOM- Ee �®■KA R ■mE ► ��� _ ■�©�/■ems. SANTA FE RAILWAY CO. - - PROPOSED 36' S. S. 12 : s is I SANITARY SEWER EASEMENT I i QyjE. i I MAP IL --- - - f I r 7 ! 12 16 PROPOSED SANTA FE EASE ENT \ �7 I e 30 TUNNEL 9 CASING i I� L 30�TUNNEL 8 CASING i ( I H RR S0 \ i 1\1 ALTERNATE ROUTE 7 I 12 i 9 i 14 \` I I UNDER PAVEMENT P 1 l cn I , 1 6 i f 8 2 \ I 8 14 Z E L 12 7 12 T 8 7 2 Q 4 { ` r- .--� ° 6 6 ! IW 30 TUNNEL 8 CASING + ( Q ' 8 � I 7 ' i ~ N RT L 7 12 7 9 I PROPOSED I SANTA FE EASEMENT I I I I { { 6 3 I { E I ALTERNATE A I . ROUTE _ FAD DIN L UNDER PAVEMENT — I 7 121 17 112 I' ! 7 j 10 I 4 1 1 I I' 1 I { 9 12 1 ' 30' TUNNEL 8 CASING \ PROPOSED SANITARY SEWER EASEMENT ` 7 — L — MAP = - � r � • s v a � � • v ,/ �� � a i .o n e IL SOUTN � n • e / \ J 36 r ' 1 • , _ 4343 • ►- s e PROPOSED SOUTHERN PACIFIC 4 .2 ' EASEMENT eL � o PROPOSED ROUTE �uN FOR 48 GRAVITY SEWER R ,:•.� ALTERNATE ROUTE FOR 48" GRAVITY SEWER TUNNEL 9 CASING '4 Aso C� O 1 w IS EXIST. D.D.-6 _ a' EASEMENT • _ ":`� \' lb A-15 � � ` • a G f O�0 5T s • •-��`,t � J 1h FA 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 license agreements with the Atchison, Topeka and Santa Fe Railway Company in the amount of $30,000 and Southern Pacific Railway Company in the amount of $19 ,225 for licenses in connection with the railroad interceptor project for the Sanitary Sewer Improvements Program as shown on the maps attached as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 . Mayor - 5. December 8, 1983 Council Letter 195 Honorable Mayor and Members of City Council Subject: Purchase of an 82.535-acre Tract of Land for the Sanitary Landfill This resolution authorizes the purchase of an 82.535-acre tract of land out of the James Rowe Survey for landfill purposes. This is the last tract to be acquired for the landfill . The purchase price is $115,549 or $1,400 per acre. Purchase of this property will cause the monies programmed• for land acquisition to exceed budget by $40,549. There are, however, sufficient funds available in Contingency Funds to cover this overage. The entire Landfill Development Budget is as follows: Expenditures/ Budget Commitments Equipment $ 665,000 $ 665,000 Site Development 535,000 550,000 Lafin Drive 300,000 285,000 Land Acquisition 700,000 741,000 Contingency 50,000 Total $2,250,000 $2,241,000 The adjoining Hebert tract was acquired for approximately $1,325 per acre. Legal fees and other expenses involved in the condemnation of the Orgain tract would exceed the difference in purchased price. It is recommended that the tract be acquired at the price of $1,400 per acre. �&At Karl Nollenberger City Manager � r NO r R E S O L U T I O N k4HHREAS, the City of Beaumont through its City Attorney has negotiated a settlement with B . D. Urgain, et al, owners of a 82. 535 acre tract or land, more or less, out or the James Rowe Survey , bstract 45 in Jeiterson County , Texas, for a purchase price of One hundred Firteen Thousand Five Hundred Forty-nine Dollars (5115, 549. 00) ; NM, THEREFORE, BE IT RESOLVED BY THE CI1Y COUNCIL OF TNE: CITY OF BEA.UMONT: the purchase or the 82. 535 acres, more or less, ct land for 1 anot ill purposes to $ 115, 549. UO be, ana it is hereby , authorized. PASSED BY THE CITY COUNCIL or the City of Beaumont this the - --- day of ---- ----- 19 Mayor - 6. December 9, 1983 Council Letter 200 Honorable Mayor and Members of City Council Subject: Acquisition of Right-of-way Along Calder Mr. Paul Drawhorn, Assistant Superintendent of the South Park Independent School District, recently discussed traffic flow on Calder Avenue in the vicinity of Westbrook High School with Mr. Joe Ternus, Director of Urban Transportation. As a result of these discussions, a joint project to im- prove traffic flow has been developed. The Phelan Boulevard extension widening project provides for a five-lane facility on Calder (Phelan Boulevard extended) at Major Drive. This widened facility tapers back to the existing two-lane roadway approximately 100 feet east of the school property line. It is proposed that the two west-bound lanes be continued for a distance of approximately 200 feet west of the pro- perty line (see attachment). This minor adjustment would cost approximately $11,500, but would greatly improve the traffic flow in this area. In exchange for the City providing this additional lane, the School District would dedicate right-of-way along a 500-foot piece of property that they plan to purchase. This right-of-way would be 25.4 feet deep and is valued at $12,700 by City staff. The additional right-of-way will be necessary when this facility is extended westward. It is recommended that this resolution be adopted in order to pursue the matter with the School District for the receipt of the additional right-of- way and with Troy Dodson Construction Company, the City's contractor on the Phelan .Boulevard project for the additional street improvements. This proposal would allow the City to acquire needed right-of-way and improve traffic flow for citizens traveling in this area. �Z n("a, � Karl Nollenberger City Manager • hO�?T►-1 i � 1 ir-z 00 ' PRO�E'_D 2Cxs-T of \JAY TO e°F- OE Di C Q-T ED Tt::) S P.1•s- O- 94•A6PWALT DRIVE {.x 17TI PYU Q.O•\✓. —� r�4T�NCe Q O W. CAL�E2 .o�/E. I 1 . r "Cn SC�1l-E 12•G•09 u4e"N I AHI.PDCTAI NO. R E S O L U T I O N WHEREAS, South Park Independent School District has requested that the City of Beaumont expand intersection improvements on Calder Avenue in the vicinity of Westbrook High School as shown on Exhibit "A" attached hereto and in return for such improvements, South Park Independent School District will dedicate right-of-way along a five hundred foot ( 500' ) portion of property that they will purchase; and, WHEREAS, the Council desires to approve this concept subject to the dedication of the property involved by South Park high School to the City of Beaumont; 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 negotiate with South Park Independent School District for the receipt of additional right-of-way and to expand street improvements along Calder Avenue near Westbrook High School as shown on Exhibit "A" in return for the dedication of needed right-of-way. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1983. - Mayor - 7. December 2, 1983 Council Letter . 197 Honorable Mayor and Members of City Council Subject: Lease/Purchase of Copier One of our continuing efforts towards a maximinization of efficient operations in our day-to-day office procedures lies in a centralization of office equip- ment wherever possible. An area that has been identified is the third floor of City Hall where the existing two copiers located in the Executive Office area and accounting can be replaced with a single high-speed machine with several features not now available on the older machines. Our current cost per month for the two existing machines runs between $1,000 to $1,100 per month. The features needed for this application are: copy speed of 70 copies per minute, automatic two-sided copying (this feature is used extensively in preparation of manuals and budget documents) , automatic feeder, a bin sorter, two types of paper stock and reduction capabilities. This combination of features limited bidding to three companies, two of whom are active in the market. The only other company with a suitable model is Eastman Kodak. Bids were received from the Xerox Corporation and IBM. The bid from Xerox totaled $1,314 per month with ten percent of the monthly rental to accrue toward a purchase price of $51,812; while the bid from IBM was $1,163 per _month with $742 of the monthly rental applying against the purchase price of $28,912. This accrual applies up to 50 percent of the purchase price. For the present, we propose a lease/purchase arrangement in order to ensure that this type of machine will meet our needs. The copier that we are recommend- ing from IBM is a high-speed machine capable of serving the needs of the third floor with a collator, automatic two-sided copying, reduction and a fully automatic document feeder. The funding for this copier will be from the Central Stores Fund with reim- bursement to come in from the user departments on a per-copy charge to pay for the usage. It is recommended that the IBM bid be accepted. Karl Nollenberger - City Manager i r j F r NO- R E S O L U T I O N` WHEREAS, bids were received for a one year lease contract for a copier; and, WHEREAS, IBM of Beaumont, Texas submitted a bid in the amount of $1, 163 per month with an additional charge of $ .0096 per copy; and, WHEREAS, the City Council is of the opinion that the bid submitted by IBM 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 IBM in the amount stated above be accepted by the City of Beaumont and that the City Manager be, and he is hereby , authorized to enter into a lease contract with IBM for one year for one Series III Model 60 copier. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 19 Mayor - 8. December 9, 1983 Council Letter 205 Honorable Mayor and Members of City Council Subject: Final Payment for Willow Bend Drive Participation Project A contract in the amount of $181,383.00 (City's share including engineering fee - $73,193.34) was awarded to MACO Construction Company by City Council on June 14, 1983, for the construction of Willow Bend Drive Participation Project. This project extends from a point 151 feet north of Willow Creek Drive to a point 313 feet south of Pebble Beach Drive for a total of 1,620 feet and covers water, sanitary sewer and storm sewer for: Lots 1, 2 and 17, Block 4 Lots 1 - 12, Block 2 Lots 1 - 4, Block 3 Lots 1 - 13, and 18 - 22, Block 5 Liquidated damages incurred in this project amount to $10,200.00 (City's share - $3,741.36 - Developer's-share - $6,458.64) , thereby reducing the total amount of the project to $171,183.00 (City's share - $108,393.08) . It is, therefore, recommended that final payment, subject to cleanup being completed, in the amount of $30,316.23 (City's share - $11,119.99) be made to MACO Construction Company, and that the developer be refunded $6,458.64 for his share of liquidated damages. Final inspection was made and the project was found to be substantially complete with minor items of cleanup to be done. It is recommended that the improvements described above be accepted for City maintenance. Karl Nollenberger City Manager WALDEN ROAD \ 4? C c •'� TtLLERY ., �4� v j tv IuDO c WILLOW BEND DR. C - W H � Q ^� cc m O a = � ¢ v I O t BR 1 MKS R O4 0 lb cr cr .•4f4 P12 MILL UVKI iti 41'lL.LiDW k-� CounJ S7'. Zb e e,d/./ T z k ,6;; LD/�! i98 3 TT N0, - R E S O L U T I O N WHEREAS, on June 14, 1983 the City of Beaumont awarded a contract to MACO Construction Company in the amount of $181,383 for the construction of Willow Bend Drive; and, WHEREAS, the project has been found to be substantially complete with minor items of clean up to be done; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF- THE CITY OF BEAUMONT: THAT the construction of Willow Bend Drive is hereby accepted by the City of Beaumont and that the City Manager be, and he is hereby, authorized to make final payment to MACO Construction Company in the amount of $30,316. 23. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - CALENDAR * Sunday, December 11 - 8th Floor, Gray Library 11:30 A.M.-1:30 P.M. - Christmas Brunch (President & Mrs. Robert Kemble) Monday, December 12 - 3rd Floor Conference Room 4:15 P.M. - Parks & Recreation Advisory Committee Meeting Tuesday, December 13 - Council Chambers 1:15 P.M. - Council Meeting, followed by Work Session 7:00-11:00 P.M. - Harvest Club Urban Transportation Christmas Party Wednesday, December 14 - 3rd Floor Conference Room 3:00-5:00 P.M. - Retirement reception for Ellen Perkins, Payroll * 4:00 P.M. - CASA Office "PEP" Meeting * Thursday, December 15 - 3rd Floor Conference Room 11:30 A.M. - Meeting * 3:30 P.M. - 3rd Floor Conference Room Meeting * 4:30 P.M. - 3rd Floor Conference Room Meeting * MAYOR CALENDAR Page 2 * Friday, December 16 - 3rd Floor Conference Room 10:30 A.M. - Meeting 4:00-8:00 P.M. - 3801 Womack Road; Orange Teal Contracting Company Christmas and New Year's Party Saturday, December 17 - Riverfront Park 10:00 A.M. - Officially welcome "Belle of Beaumont" Monday, December 19 - 2nd Floor Conference Room 3:00 P.M. - Downtown Beaumont Reinvestment Zone Board of Directors Meeting 3:15 P.M. - Council Chambers Joint Planning & Zoning Public Hearing (COUNCIL QUORUM REQUIRED) * MAYOR WORK SESSION AGENDA DECEMBER 13, 1983 CITY COUNCIL CHAMBERS 1. Discussion of Code of Ethics for public officials. 2. Discussion of the College Street Transportation Improvement Project. 3. Discussion of Beaumont Art Museum. W/S December 9, 1983 1. fA Council Letter 203 Honorable Mayor and Members of City Council The information on the Code of Ethics has been furnished by the City Attorney.• A presentation on the details will be given by him at the Work Session Tuesday. Karl Nollenberger City Manager CITY COUNCIL MEMBERS' CONFLICTS OF INTEREST DISCUSSION MEMORANDUM December 13, 1983 This memorandum provides background material for review prior to the City Council's workshop discussion of new conflicts of interest legislation. Although related laws should be discussed on December 13, principal attention should be directed to S. B. 1044 which becomes effective January 1 , 1984. For your convenience, this memorandum is divided as follows: Page I. S. B. 1044--Conflicts of Interest of Local Public Officials. . . . . . . . . . . . . . . . . . . . . . . . 2 II. State Criminal Offenses. . . . . . . . . . . . . . . . . . . . . . . 5 A. Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B. Coercing a Public Servant or Voter. . . . . . . . 6 C . Gifts to Public Servants. . . . . . . . . . . . . . . . . . 7 D. Defenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 E. Official Misconduct. . . . . . . . . . . . . . . . . . . . . . . 10 F. Misuse of Official Information. . . . . . . . . . . . 11 G. Public Disclosure by Public Servant. . . . . . . 12 III. Local Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 I. S. B. 1044--CONFLICTS OF INTEREST OF LOCAL PUBLIC OFFICIALS The 1983 Texas Legislature enacted S.B. 1044 ( the "Act" ) , the first comprehensive state legislation relating to conflicts of interest of local public officials. S.B. 1044 takes effect January 1 , 1984. Section 3 of the Act provides that a local public official commits a Class A misdemeanor if he knowingly: " M Participates in a vote or decision on a matter involving a business entity in which the local public official has a substantial interest if it is reasonably forseeable that an action on the matter would confer an economic benefit to the business involved; ( 2 ) Acts as surety for a business entity that has a contract, work , or business with the government entity; or, (3 ) Acts as surety on any official bond required of an officer of the governmental entity. " Section 1 defines "Local Public Official" as "a member of the governing body or another officer, whether elected or appointed, paid or unpaid, of any. . .city. . .who exercises responsibilities beyond those that are advisory in nature. " Among those city officers other than council members to whom the act applies are members of the planning and zoning commission, civil service commission, board of adjustment, nonprofit corporations issuing bonds, city manager, department and division heads , and many employees. - 2 - "Business entity" is a "sole proprietorship, partnership, firm, corporation, . . .or any other entity recognized 'in law. " Section 2 defines the term "substantial interest" by utilizing three separate criteria, that is, an interest in business, an interest in real property, and an interest by relationship. A. Business--a person has a substantial interest in a business if: 1. "The interest is ownerhship of ten ( 10) percent or more of the voting stock or shares of the business entity or owner- ship of $2500 or more of the fair market value of the business entity;" or 2. "Funds received by the person from the business entity exceed ten ( 10) percent of the person' s gross income for the previous year. " B. Real Property--a person has a substantial interest in real property if "the interest is an equitable or legal ownership with a fair market value of $2500 or more. " C. Relationship--an interest of a "person related in the first or second degree by either affinity or consanguinity to the local public official is a ' substantial interest' . " An exhibit is attached showing the relationships included in the first and second degrees of affinity. (marriage) and consanguinity ( blood) . Generally included are spouses, parents, children, brothers and sisters, brothers- and 3 - i sisters-in-law, sons- and daughters-in-law , mothers- and fathers-in-law , nephews and nieces and their spouses, grandparents, grandparents-in-law, uncles and aunts and their spouses, first cousins and their spouses, and grandchildren and grandchildren-in-law. Section 4 of the Act provides that: "If a local public official or a person related to that official in the first or second degree by either affinity or con- sanguinity has a substantial interest in a business entity that would be peculiarly affected by any official action taken by the governing body, the local public official, before a vote or decision on the matter, shall file an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter. " A sample form of affidavit is attached hereto. The affidavit must be f iled with the City Clerk , who has additional affidavit forms for your use. Please call the legal department for assistance in preparing a required affidavit. Section 5 provides that the governing body must take a separate vote on any budget items specifically dedicated to a contract with an entity in which a member of the governing body has a substantial interest and the affected member must abstain from that separate vote. Such items may not be included on a consent agenda. 4 - II. CRIMINAL OFFENSES There are various criminal laws, most of which are ' contained in Chapter 36 of the Texas Penal Code, which regulate conduct of public officials. A. Bribery Section 36. 02 of the Penal Code relates to bribery and provides as follows: " (a) A person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts or agrees to accept from another: (1 ) any benefit as consideration for the recipient' s decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter; (2 ) any benefit as consideration for the recipient' s decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding; or (3 ) any benefit as consideration for a violation of a duty imposed by law on a public servant or party official. (b) It is no defense to prosecution under this section that a person whom the actor sought to -- influence was not qualified to act in the desired way whether because he had not yet assumed office or he lacked jurisdiction or for any other reason. (c) It is no defense to prosecution under this section that the benefit is not offered or confirmed or that the benefit is not solicited or accepted until after: ( 1 ) the decision, opinion, recommendation, vote,, or other exercise of discretion has occurred; or 5 - ( 2) the public servant ceases to be a public servant. rA (d) An offense under this section is a felony of the second degree. " Section 36.01 of the Penal Code defines the term "benefit" as: "anything reasonably regarded as economic gain or economic advantage, including benefit to any other person in whose welfare the beneficiary is interested but does not include a contribution or expenditure made and reported in accordance with law." Bribery includes either a solicitation by a council member or other public official or a bribe offer by another. The offense focuses on the mental state of the persons involved, and bribery is complete if a private citizen, by conferring or agreeing to confer a benefit, or a public servant, by soliciting, accepting or agreeing to accept a benefit, intends an agreement. B . Coercing a Public Servant or Voter Section 36.03 of the Penal Code prohibits coercion of a public servant or voter and provides that: _ " (a) A person commi is an of fense i f by means of coercion he: ( 1 ) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty; or (2 ) influences or attempts to influence a voter not to vote or to vote in a particular manner. 6 - ( b) An offense under this section is a class A misdemeanor unless the coercion is a threat to commit a felony , in which event it is a felony of the third degree. " Section 36. 01(1 ) provides that: " 'Coercion' means a threat, however communicated: (A) to commit any offense; (B) to inflict bodily injury on the person threatened or another; (C) to accuse any person of any offense; (D) to expose any person to hatred, contempt, or ridicule; (E) to harm the credit or business repute of any person; or (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. " C. Gifts to Public Servants Section 36. 08 regulates gifts to public servants and provides that: " (a) A public servant in an agency performing regulatory functions or conducting inspections or investigations commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be subject to regulation, inspection, or invesitgation by the public servant or his agency . (b) A public servant in an agency having custody of prisoners commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be in his custody or the custody of his agency. (c) A public servant in an agency carrying an on civil or- criminal litigation on behalf of government commits an offense if he solicits, accepts, or agrees - 7 - to accept any benefit from a person against whom the public servant knows litigation is pending or contemplated by the public servant or his agency. (d) A public servant who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any contract, purchase, payment, claim, or transaction involving the exercise of his discretion. (e) A public servant who has judicial or adminis- trative authority , who is employed by or in a tribunal having judicial or administrative authority, or who participates in the enforcement of the tribunal' s decision, commits an offense is he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any matter before the public servant or tribunal. ( f) A public servant who is a member of or employed by the legislature or by an agency of the legislature commits an offense if he solicits, accepts, or agrees to accept any benefit from any person. (g) An offense under this section is a Class A misdemeanor. " This statute is directed at unprovable bribes. Although a gift to a public servant who may make an official decision affecting the owner may be innocent, it casts grave doubts on r the integrity of the governmental process. It may even be a bribe in which an agreement simply cannot be proven. This section, therefore, prohibits such gifts to insure governmental integrity and to penalize the unprovable bribe. Like bribery , the offense punishes the public servant who solicits a gift as well as the one who accepts or agrees to accept one. 8 - It is narrower than bribery, however, in that it applies only to public servants with specified governmental functions. Some public servants with only ministerial functions, as well as some persons who are not government officers, employees, or agents who are defined as "public servants" are excluded by the definition of the offense. In addition, the offense applies only if the public servant knows that the donor is or may become interested in his or his agency' s official acts. Gifts from disinterested citizens are not covered. Because of the broad definition of "benefit, " the offense covers more than gifts of money, property, or vacations. Benefits such as employment or an investment opportunity, either for the official or a member of his family , are included. Section 36. 09 of the Penal Code prohibits offering of gifts to public servants. It provides that: " (a) A person commits an offense if he offers, confers, or agrees to confer any benefit on a public servant that he knows the public servant is prohibited by law from accepting. (b) An offense under this section is a Class A misdemeanor. " Section 36.09 covers the same conduct as Section 36.08 but from the other side of the transaction. D. Defenses Section 36. 10 of the Penal Code provides that Sections 36.08 and 36.09 do not apply to: 9 - i " (1 ) a fee prescribed by law to be received by a public servant or any other benefit to which the public servant is lawfully entitled or for which he gives legitimate consideration in a capacity other than as a public servant; (2) a gift or other benefit conferred on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient; (3 ) an honorarium in consideration for legitimate services rendered above and beyond official duties and responsibilities if: (A) not more than one honorarium is received for the same person in a calendar year; and (B) not more than one honorarium is received for the same service; and (C) the value of the honorarium does not exceed $250 exclusive of reimbursement for travel, food, and lodging expenses incurred by the recipient in performance of the services; ( D) the honorarium, regardless of amount, is reported in the financial statement filed. . . if the recipient is required to file a financial statement. . . ; (4 ) a benefit consisting of food, lodging, transportation, or entertainment accepted as a guest and reported as required by law; or (5 ) a benefit to a public servant required to file a statement under [Article 6252.9b] . . . ." These defenses distinguish clearly innocent gifts to public officials from those which comprise criminal bribes. E. Official Misconduct Section 39 .01 of the Penal Code prohibits official miscon- duct and provides as follows: 10 - " ( a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm' another, he intentionally or knowingly ( 1 ) violates a law relating to his office or employment; or (2 ) misapplies anything of value belonging to the government that has come into his custody or possession by virtue of his office or employment. (b) An offense under subsection (a) (1 ) of this section is a Class A misdemeanor. (c) [Penalties for offenses under subsection (a) (2) of this section range from Class C misdemeanors to second degree felonies depending upon the value of the property misapplied. ] " This statute proscribes generally misfeasance and nonfeasance in public office, but only when the public servant intends to benefit himself or another or to harm another. This section --requires intentional and knowing violations before the criminal sanction is available. Simple negligence and incompetence are not appropriate concerns of the penal law . F . Misuse of Official Information Section 39 .03 of the Penal Code provides that: " (a) A public servant commits an offense if, in reliance on information to which he has access in his official capacity and which has not been made public, he: ( 1 ) acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information; or ( 2 ) -speculates or aids another to speculate on the basis of the information. - 11 - (b) An offense under this section is a Class A misdemeanor. " The fiscal integrity of government may be undermined if public servants are permitted to profit from confidential infor- mation acquired by virtue of their position. Enrichment of insiders will also disadvantage citizens who deal with the insiders in ignorance, and the temptation to profiteer may motivate public servants to delay, slant, or even falsify information concerning governmental transactions. Public officials routinely have access to confidential information that will be valuable to land speculators and others. Prof iting from such information violates this section. This section does not apply to investment or speculation based on information available to the public, even though the information is not generally known. G. Public Disclosure by Public Servant Article 6252-9e of Vernon' s Texas Civil Statutes ( formerly Section 39.04 of the Penal Code) provides that: " (a) For purposes of this article: ( 1 ) 'Public servant' means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties: (A) an officer of government; or (B) a candidate for nomination or election to public office. - 12 - (2 ) 'Public disclosure' means the filing of an affidavit with the county clerks of the counties wherein the property to be acquired is located and wherein the public servant resides within 10 days prior to the acquisition, setting forth the following: (A) name of the public servant; (B) the public office, public title, or job designation with which the public servant is connected; (C a full and complete description of the property; (D) a full description of the nature, type, and amount of interest in the property, including but not limited to the percent ownership interest in the property; (E) the date the public servant acquired an interest in the property; ( F) a verification by the public servant reading, ' I do solemnly swear that the above and foregoing statement, filed herewith, is of my own personal knowledge and all things true and correct, and fully shows the information required to be reported by me pursuant to Section 39.04, Texas Penal Code' ; and (G) an acknowledgment of the same type as required for the recording of deeds in _ the deed records of the county clerk' s office. (3 ) 'Property' means both real and personal. (4 ) 'Acquired' means by purchase or condemnation. (5 ) 'Public funds' mean any funds collected by or through any government. - 13 - (b) A public servant commits an offense if he fails to make- public disclosure of any legal or equitable interest he may have in property which is acquired with public funds provided such public servant has actual notice of the acquisition or intended acquisition. (c) If the public servant fails to file the affidavit provided for herein within the time period prescribed, his intent to commit the offense provided herein shall be presumed. (d) An offense under this section is a Class A misdemeanor. " III. LOCAL RESTRICTIONS Several provisions of the city charter relate to public official conduct. Article 17 , Section 8 provides that: "No officer or employee of the City of Beaumont shall ever accept, directly or indirectly , any gift, favor, privilege or employment from any public utility corporation enjoying the grant of any franchise, privilege or easement from said City during the term of office of such officer, or during such employment of such employee except as may be authorized by law or ordinance; provided, however, that policemen or firemen in uniform or wearing their official badges may accept such free service where the same is permitted by ordinance. Any officer or employee of the City who shall violate the provisions of this Section shall guilty of a misdemeanor and may be punished by any fine that may be prescribed by ordinance for this offense, and shall be forthwith be removed from office. " Article 17, Section 9 of the charter provides that: "No officer or employee of the City shall have a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested directly or indirectly in the sale to the City of any land, materials, supplies, or services except on behalf .of the City as an officer or employee; provided,- however, that the provisions of this Section 14 - shall only be applicable when the stock owned by the officer or employee exceeds one percent ( 1%) of the total capital stock of the corporation. Any willful violation of this Section shall constitute malfeasance in office and any officer or employee guilty thereof shall thereby forfeit the office or position. Any violation of this section with the knowledge express or implied of the person or corporation contracting with the governing body of the City shall render the contract voidable by the City Council. " Article 17, Section 11 of the charter provides that: "No person shall be qualified to hold a municipal office or serve the City in any other capacity for which compensation is paid who is, or may become while in service, in arrears in the payment of taxes or other liabilities due the City." 15 - AFFIDAVIT STATE OF TEXAS ' COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared , who, after being first duly sworn according to law , stated on oath the following: my (name) (relationship) has a substantial interest, as defined by S.B. 1044, in ( name and description of business entity) a business entity that will be peculiarly affected by official action of the City Council of the City of Beaumont in connection with (describe matter) The nature and extent of his/her interest is as follows: (describe interest) Af f iant SWORN TO AND SUBSCRIBED before me this day of 1984. Notary Public, State of Texas Grandparents Spouse of Uncle or Uncle or Aunt .......... Aunt Grand lather-In-law or Grandmother-In-Law Second Degree Spouse of ........ First 131 Cousin Cousin Parents Mother-In-Law or Father-In-Law Brother-In-Law Brother Wife or................. Husband Or ,,,,,,,,, Or Councltmember Sister-In-Law Sister First Degree Husband or Wife T of Nephew or .......... Nephew Child • Niece or Son-In-Law Niece or Daughter-In-Law Bold boxes indicate persons related to the counciimember by affinity. Grandchild Grandson-In-Law Second _ = kinship by blood or Degree -•.. = kinship by marriage Grandaughter-In-law Kinship by Affinity (Kinship by marriage as viewed through the eyes of the counciimember) Great Grandparents Kinship in Ihd Great Uncle Third Degree or Great Aunt Grandparents __ Kinship in lho Second Degree Uncle or Aunt Parents =Co #c11me—mber Brother or Kinship In the Sister First Degree ' Child Grandchild Nephew or 131 Niece Cousin Kinship In the Second Degree Great Grand Nephew 1st Cousin Second Kinship In the . Grandchild or Once Removed Cousin Third Degree Grand Niece Kinship by Consanguinity (Kinship by blood as viewed through the eyes of the councilmember) W/S December 9, 1983 2. Council Letter 202 Honorable Mayor and Members of City Council Subject: College Street Transportation Improvement Project In September, the City Council authorized a contract for engineering services with Schaumburg and Polk, Inc. for the College Street Transportation Improve- ment Project. During the past two months, the construction engineers have worked on preliminary designs for this project. The Preliminary Plan and Program. Report from Schaumburg and Polk, Inc. , -is attac a or your in ormatlon, o owing this review, the engineering firm would be authorized to prepare detailed engineering plans and specifications for this project. It is our intent to discuss this preliminary plan with you to insure that no misunderstanding exists with respect to the scope of the project. Karl Nollenberger City Manager PRELIMINARY PLAN AND PROGRAM REPORT COLLEGE STREET IMPROVEMENT PROJECT (ELEVENTH STREET TO MAIN STREET) I. INTRODUCTION On May 17, 1983, City Council passed Resolution R-83-188 authorizing the City Manager to enter into an agreement with Schaumburg & Polk, Inc. to provide engineering services for the College Street T. I.P. Project. The proposed limits of the project were from Orleans Street to Eleventh Street and had an estimated budget of $3,500,000. On September 7, 1983 a contract for engineering services was executed and on September 8, 1983, Schaumburg & Polk, Inc. was authorized to proceed with the preliminary phase of the engineering services necessary for the development of the project. A requirement of the preliminary phase is that the Engineer furnish the City a Preliminary Plan and Program Report for the proposed improvements necessary to complete the project. II. GENERAL PROJECT DESCRIPTION This project consists of the rehabilitation of College Street from Pearl to Eleventh Street. A continuous center left turn lane will generally be provided between Orleans and Trinity Streets, Victoria and Avenue D, and Fourth Street and Eleventh Street. Curb, gutter and storm sewer will be constructed on the section from Fourth Street to Eleventh Street. Additional right-of-ways will be acquired in the areas where the left turn lanes are provided, the railroad crossing between Avenue G and Amarillo Street and in the transitional area between Goliad and San Jacinto Streets. The Eighth Street and College Street Intersection will also be designed in such a manner as to realign Eighth Street north and south of College Street. In the areas where left turn lanes and new alignment are provided, the existing drainage facilities will be modified. Other drainage improvements and utility relocations will be done in areas as needed. Included with the drainage improvements will be the College-Goliad and the College-BMSH Projects as set forth in the 1983 Drainage Improvements Bond Election. The condition of storm sewers flowing into College Street storm sewer for an area one (1) block north and one (1) block south of College Street will be inventoried and reported to the City. Other than the College-Goliad and College-BMSH Projects listed above only those drainage improvements involving College Street drainage is included in this project. III. PROPOSED PROJECT IMPROVEMENTS This section describes the proposed improvements in detail . -1- i Schaumburg & Polk, Inc. C U 9 1- L T I % G E -% G f % L E R 5 A. Eleventh Street and College Street Intersection Plans are presently being prepared for the reconstruction of the Eleventh Street and College Street Intersection to provide for two (2) left turn lanes in all directions instead of the existing single left turn lanes. It is anticipated that plans for these improvements will be completed in January, 1984 and the improvements will be advertised for bid shortly thereafter. B. Eleventh Street to Santa Fe Railroad West of Fourth Street The existing street section in this area consists of a twenty foot (201 ) concrete slab which has been widened twelve feet (121 ) on both sides with flexible base asphalt pavement for a total pavement width of forty-four feet (44' ). The section presently has open ditches and no curb and gutter. It is proposed to widen this section sixteen feet (161 ) along the North side of the existing street. Four (4) through lanes and a continuous left turn lane will be provided. Curb and gutter will be constructed and storm sewer installed to provide adequate drainage. As a part of the storm sewer improvements it is proposed to construct the drainage improvement proposed for Drainage Area #87 as described in the City Drainage Bond Program. These improvements will alleviate flooding in the vicinity of Medical and Surgical Hospital and College Street. Another part of the improvements proposed along this section of College Street is the realignment of Eighth Street north of College Street in order that Eighth Street north of College Street will line up with Eighth Street south of College Street. This realignment will provide more efficient traffic control at the Eighth and College Street Intersection. C. Santa Fe Railroad West of Fourth Street to San Jacinto Street This section involves minimal widening. The reconstruction of the existing curb and gutter will provide a fifty-six foot (56') back-to-back of curb street section. The travel surface will provide four (4) eleven foot (111) travel lanes and one (1) eleven foot (111) left turn lane. D. San Jacinto Street to Goliad Street From San Jacinto Street to Goliad Street the street section will be transitioning from fifty-six feet (561 ) back-to-back of curb to forty-five feet (45') back-to-back of curb. New curb and gutter sections will be constructed and a travel surface of forty-four feet (441 ) will be provided. Additional drainage improvement will also be made in this area as provided in the City Drainage Bond Program. These improvements will consist of cross-connecting the College Street Storm Sewer System along Goliad Street to the Gilbert Street Storm Sewer. These improvements will relieve ponding which occurs on College Street in the vicinity of Fourth Street east of Amarillo Street. -2- Schaumburg & Polk, Inc. C 0 N d U L T I N G E N G I N E E R S E. Goliad Street to Avenue E Improvements in this section will consist of removing the existing curb and gutter, widening the street section from forty-one feet (411 ) back-to-back of curb to forty-five feet (451 ) back-to-back of curb and construction of new curb and gutter. The curve located at the Southern Pacific Railroad will be reworked and a flatter curve constructed in order that a comfortable 35 m.p.h. speed limit can be maintained. The railroad crossing will also be reworked to provide a smoother and more durable crossing. F. Avenue D to Avenue C A transition section will be constructed in this area increasing pavement width from forty-five feet (451) back-to-back of curb to fifty-six feet (56' ) back-to-back of curb. G. Avenue C to Orange Street A fifty-six foot (56') back-to-back street section is proposed which will provide four (4) eleven foot (111) travel lanes and one (1) eleven foot (11' ) continuous left turn lane. H. Orange Street to Victoria Street This section wi l l be a transition section similar to the section between Avenue E & Avenue D. I. Victoria Street to Trinity Street The existing street section wi l l be widened to provide four (4) eleven foot (11' ) travel lanes. J. Trinity Street to Orleans Street The street section in this area will be widened from the existing forty-one foot (41') back-to-back of curb to fifty-six feet (56') back-to-back of curb to provide four eleven foot (111 ) travel lanes and one (1) eleven foot (11') continuous left turn lane. K. General Project Improvements It should be noted that it is proposed that throughout the entire project, new curb and gutter sections with at least four (4) travel lanes and new sidewalks are proposed for both the north and south sides of College Street. It is also proposed that in certain areas the existing asphalt surface will be planed off to provide a more uniform subsurface for a new one and a half inch (1-112") hot mix asphalt travel surface to be constructed over the entire street section. It is also proposed that the new travel surface be placed along the entire length of College Street, beginning at Eleventh Street and ending at Main Street. -3- Schaumburg & Polk, Inc. C O N 6 l L T I N G E N G I N E E ! S All trees will be carefully evaluated on an individual basis and where possible will be retained. Driveways will also be addressed on an individual basis in order to facilitate a smooth and safe operation along College Street and still maintain an easy engress and egress to adjoining property. IV. PROPOSED RIGHT-OF-WAY ACQUISITION It is felt that the improvements as proposed wi l l require a minimum amount of additional right-of-way. Additional right-of-way will be required at the following locations: A. College Street and Eighth Street Intersection Additional right-of-way will be required at the Northwest corner of College Street and Eighth Street to allow the realignment of the North leg of Eighth Street to align with the South leg. B. San Jacinto Street to Goliad Street Additional right-of-way will be required to make a smooth taper from fifty-six feet (56' ) back-to-back of curb to -forty-five -feet (45' ) back-to-back - - - of curb. No structures are involved. C. Curve at Southern Pacific Railroad Tracks Additional right-of-way will be required to flatten curve for a comfortable curve at 35 miles per hour. This modification involves the partial taking of one (1) structure and four (4) lots. D. Avenue D to Victoria Street Additional right-of-way will be required to provide a transition of fifty-six feet (56' ) back-to-back of curb which will allow for an eleven foot (11' ) continuous turning lane. Parcels of varying widths (0'-101 ) will be acquired from Avenue D to Avenue C, from Avenue C to Orange Street (10' ) and varying widths (10'-0' ) from Orange Street to Victoria Street. This will involve eighteen (18) parcels and partial takings of two (2) structures. This is being proposed on the south side because the north side would require partial takings of five (5) structures. E. Archie Street to Jefferson Street _ Additional right-of-way will be required to eliminate a jog that exists in existing right-of-way and will allow the construction of sidewalks when curb is moved back two feet (2') in this section. This will involve two (2) parcels and no structures. F. Trinity Street to Orleans Street Additional right-of-way will be required to provide fifty-six feet (56') back-to-back of curb which will allow for an eleven foot (111 ) continuous -4- Schaumburg & Polk, Inc. C U N S V L T 1 N G E N G I N E E R S turning lane. Parcels of varying widths (0'-101 ) will be acquired from Trinity Street to Jefferson Street, from Jefferson Street to Orleans Street (101) and varying widths (10'-01 ) from Orleans Street to eighty-five feet (851 ) East. This will involve twelve (12) parcels and partial takings of two (2) structures . This is being proposed off of the North side because the South side would require eleven (11) structures. V. PUBLIC PARTICIPATION Public participation and involvement have been encouraged throughout the development of the preliminary phase of .the Project. On October 25, 1983, 147 letters were hand delivered to businesses and residences along the project route. There were approximately thirty-six (36) responses to these letters with -• various questions concerning the proposed improvements. On November 18, 1983, a "Notice of Public Meeting" was distributed to the businesses and residences along the project route stating that a public meeting would be held on December 1, 1983 to discuss the proposed improvements. The meeting was held at 7:30 p.m. at the Central Park Community Center with approximately twenty-two (22) persons in attendance. Exhibits showing the proposed improvements were presented and the project was discussed in detail . Several of those in attendance were concerned about driveway access -to their property. The City staff and our firm will address driveways on an individual basis to meet the specific needs of each business. Construction scheduling and_ sequencing were also discussed. It is our recommendation that construction commence on the West end of the Project and proceed in an easterly direction. The construction will also be scheduled in such a manner to allow continuous two way traffic flow and to insure that driveway access to property will only be interrupted for a minimum period of time. VI. COST ESTIMATES Based on a more detailed review of the project preliminary plans, the following cost estimations for the project are presented: Street Construction & Engineering (T. I.P. ) $2,510,000.00 Drainage Construction & Engineering (Drainage Bond Program) 180,000.00 Right-of-way 106,200.00 TOTAL $2,796,200.00 This does not include utility relocation which costs will be borne by utility companies. -5- Schaumburg & Polk, Inc. C O N S U L T I N G E % G I N E E k S WAS December 9, 1983 3. Council Letter 201 Honorable Mayor and . Members of City Council Subject: Request for Assistance from Beaumont Art Museum The Beaumont Art Museum currently occupies the old Wilson home which was ac- quired by the City in 1969. This deed of gift required that the City enter into a lease agreement with the Beaumont Art Museum for a 50-year period; that we employ an Art Director or Curator; that we provide janitorial and grounds-keeping services, as well as other provisions pertaining to the operation of #-he=facility by.the_Art Museum-itself.---Iirr fiscal- year 1984, -- - - -- - our expenses for these activities amount to approximately $70,000: — ---The Art Museum Board, as a part of its continuing efforts in program ex- pansion', has, over a three-year period, advanced the City of Beaumont the monies necessary for the purchase of the old tuberculosis hospital on Dela- ware and French. This property, purchased by the City, has been leased back to the Beaumont Art Museum for their use in the construction of a new and much-expanded facility. Within this construction effort, the Art Museum Board has recently taken bids for the construction of a new museum at an approximate cost of $4,500,000..- Ln�evaluati64:these,bids.; ,representatives of the Art Museum have approached the City and have requested assistance in this program. The request can be broken down as follows: additional program sup- port from the City of Beaumont in the area previously mentioned, specifically, buildings and grounds maintenance, additional salary support for the Director .and Executive Assistant, complete coverage under our insurance program for eleven employees of the Art Museum and increased coverage for the facility. In addition to this, the Board has asked that the City participate on a one- time basis in assisting in preliminary site work for the facility,, separate and apart from the actual construction of the museum itself. These areas = involve storm sewers and catch basins, installation of the sanitary sewer up to the building line, installation of the water supply up to the building line, some demolition and site work and, finally, some improvements to sur- face drainage on the site. The information that follows: is a tabular summary of our present levels of assistance to the Beaumont Art Museum compared to our estimates of our same level of assistance for the future with a third column showing the re- quests for assistance as.submitted by the Art Museum Board. Council Letter 201 December 9, 1983 - Page 2 '.� Present future Museum Site Site Request Building and Grounds $24,000 $ 50,000 $ 78,000 20,000 20,000 57,120 Salaries � • Utilities 14,000 60,000 60,000 Insurance 109000 209000 20,000 Employee Benefits 2_,000 . 2,jO00 24,000 $709000 $152,000 $239,120 In our discussions of this request, we feel that the increases required _from --- - `-� the City to maintain its same level of support are substantial and reflect, a-t--this time, a sufficient level of support in operational areas for this that program. Because of our financial restraints, the City participate in any actual work-at the new site. It is our recommendation that the City participation be increased to the $152,000 as shown in column two. This figure reflects the amount that will be required to meet our existing commitment to the Beaumont Art Museum. Karl Nollenberger City Manager