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HomeMy WebLinkAboutPACKET AUG 28 1984 i AGENDA REGULAR SESSION OF THE CITY COUNCIL AUGUST 28, 1984 CITY COUNCIL CHAMBERS 1: 15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. * Public hearing - budget. 1. An ordinance changing the zoning from R-3 (Modified Two Family and Multiple Dwelling) to NC (Neighborhood Commercial ) for property on the west side of 7th Street at Gladys. 2. An ordinance granting a Specific Use Permit to establish a church in an LI (Light Industrial ) district in the 1500 Block of Grand. 3. An ordinance granting a Specific Use Permit to establish a church and accessory activities building in an RS (Residential Single Family) dis- trict at 7750 Highway 105. 4. An ordinance abandoning a 20-foot alley in Block 60, Van Wormer Addition. 5. First reading of an ordinance amending the franchise with Liberty Tele- Communications, Inc. 6. A resolution authorizing employment of appraisal firms for right-of-way needed for the College Street TIP Project. 7. A resolution authorizing award of a contract for the paving of Willow Bend Drive from Walden Road south, a distance of 3,300 feet. 8. A resolution authorizing award of a contract for the paving of Whitson's Way from Washington Boulevard, approximately 615 feet southeasterly. Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. 4 r August 24, 1984 Council Memo 219 Honorable Mayor and Members of City Council Subject: Gladys Avenue/7th Street Rezoning Study Final action on this rezoning study was deferred at the meeting of August 14th. Subsequent to the meeting, the City Attorney has discussed the issue with Mr. Boyd Wells and he indicated the neighborhood had withdrawn any objections to the zone change after discussing the issue at length with Mr. Cargill . Mr. Wells also indicated that he would formally transmit the information to the Council by letter. Karl Nollenberger City Manager August 21, 1984 Council Letter 710 Honorable Mayor and Members of City Council Subject: Gladys Avenue/7th Street Rezoning Study GENERAL INFORMATION Subject properties are between Gladys and Louisiana on the west side cf Seventh Street. Existing R-3 zoning is original from 1955. The study area includes four lots : the northern pair is a drive- in grocery, the southern pair is a residence and artists studio. The northern lots face into GC-MD zoning; southern lots face into RS zoning. The comprehensive plan designates the area in the study as a Stable Area. Existing Zoning and Land Use R-3 , convenience store and single family residence Surrounding Zoning and Land Use north - GC-MD, professional offices east - RM-H, engineering offices and single family south - RS, single family west - RS, single family Comprehensive Plan Stable Area SPECIAL INFORMATION Public Utilities in Seventh Sanitary Sewer: 6 inch line Water: 6 inch line Streets Seventh Street is designated as a residential collector having a 60-foot right-of-way, 20-foot pavement. Fire Protection Station #7, 1700 McFaddin Page 2 ANALYSIS AND RECOMMENDATION - Based on the exhibited uses , staff proposes the following: - AREA 1: NC (Neighborhood Commercial) for the two northern lots facing Louisiana; - AREA 2: RS (Residential Single. Family) for the two southern lots facing Gladys. PUBLIC NOTIFICATION AND RESPONSE Notices mailed to property owners within study area 2 Responses in favor of proposal 0 Responses opposed to proposal 1 Notices mailed to property owners within 200 feet 19 Responses in favor of proposal 0 Responses opposed to proposal 0 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of NC for the entire area by a vote of 4 to 2 . The City Manager recommends approval of the ordinance. Karl Nollenberger City Manager cc: Sherell J. Cockrell, Planning Director �-• GLADYS AVE./SEVENTH ST. REZONING. PROPOSAL TO CHANGE THE ZONING FR M R TO NC ON LOTS 1 ,2,3 ,26,27,28 BLK. 13 AND LOCATED ON THE WEST SIDE /NTERSTArE rc Etsr SEVENTH ST. AT GLADYS AVE. n GC tl,-& Interstate 10 East 1/200 O• r Ll F•' CURRENTLY ZONED R-3; 2 PROPOSED FOR NC (NEIGHBOR- cou/s 4NA AvE HOOD COMMERCIAL) . W y^P LOUISIANA L c - - I j R-S, L A DY5 AVE r' ! • ! 1 GLADYS 14 It j �� h ,r ,I ,c •• • � J t � � I /4 a It n N to to tI /* eJ N rr r IF M N it w ; it rr tJ ` r• rJ tt rt so J9 I l�VA� I EVALON SO 39/ 4 ' M q I It I/ f0 ! � I 7 I ! i • J r / g J I /l I/ t I 11 f t • ; J f � % I j j I I I I ! I N /1 i II N II It tJ I• t! k If ,a Al ' IJ p 17 IV ' to of AV, JJ M rJ H As V fir. ' ASHLEY Js 130 I _ _ i - - so I I • IJ /r III fo i • t • t . J t I �IJ I t t t Ir II a t • • J t r � I I � I I { ! I Ad L AGENDA gI 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 R-3 (MODIFIED TWO FAMILY AND MULTIPLE DWELLING DISTRICT) TO NC ( NEIGHBORHOOD COMMERCIAL DISTRICT) ON PROPERTY LOCATED ON THE WEST SIDE OF 7TH STREET AT GLADYS AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . THAT Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-5B thereof, is hereby amended by changing the zoning classification from R-3 (Modified Two Family and Multiple Dwelling District) to NC ( Neighborhood Commercial District) for property located on the west side of 7th Street at Gladys Avenue, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That in all other respects the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid , such invalidity shall not affect the remaining portions of this ordinance,"and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - 2 - I August 21, 1984 Council Letter 709 Honorable Mayor and Members of City Council Subject: Specific use permit to establish a church in an LI district in the 1500 Block of Grand. GENERAL INFORMATION Applicant East Congregation of Jehovah' s Witnesses Status of Applicant prospective purchasers of site Requested Action specific use permit to establish a church Existing Zoning LI (Light Industrial) Location 1500 Block of Grand Size 150 x 140 , 0 . 48 acre Existing Land Use residence and 2 vacant lots Surrounding Zoning and Land Use north - (across Catalpa) LI, residential east - LI , residential south - LI , vacant (Interstate 10) west - (across Grand) LI , residential Physical Features site has frontage on two streets .SPECIAL INFORMATION Public Utilities in Grand Street Sanitary Sewer: 18 inch Storm Drainage: 18 inch Water: 6 inch line Streets Grand Street is designated as a local street and has a 60-foot right-of-way and 27-foot pave- ment. Page 2 SPECIAL INFORMATION (cont'd) Fire Protection Station 1#5 , Grand and Concord ANALYSIS [See Specific Use Permit Review. CONFORMANCE WITH COMPREHENSIVE PLAN The proposed use is in a Conservation and Revitalization Area and is in conformance with the comprehensive plan. PLANNING STAFF RECOMMENDATION The applicant' s site plan is required to meet all eight conditions for specific use permit approval. Condition 4 regarding parking spaces has not been adequately addressed. Staff recommends denial of the request until a revised site plan is submitted showing appropriate parking to accormodate the desired number of seats in the meeting hall. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 11 Responses in Favor of Request 0 Responses Opposed to Request 2 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 6 to 0 contingent upon an agreement between the applicant and the landowner for lease of Lots 1 and 2 , Block 5, North Addition, to satisfy parking requirements for the proposed building. The City Manager recommends approval of the ordinance. Karl Nollenberger City Manager cc: Sherell Cockrell, Planning Director >v age 3 USE PERMIT REVIEW ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and------------ church congregation hall; activities. Sundays 9 : 30-11: 30 a.m. ; Tuesdays 7: 30-8 : 30 p.m. 2. Boundaries of area covered by site ------ Block 3 , Lots 4-6 , North plan with dimensions. Addition, 150 x 140 , 0 . 48 3. Existing and proposed building locations with: - number of stories; ------------------- one - height; ------------------------------ approximately 18-2 oximatel 0 feet -• gross floor area; -------------------- 3800 square feet - entrances and exits. ----------------- from Grand Street 4. Existing drainage locations and ---------west to Grand Street direction of flow. 5. Proposed landscaping and screening ------landscaping to be installed buffers. at front of building 6. Location and dimensions of: - curb cuts (existing and proposed) ---2 proposed on Grand Street; public and 16 ' width each p private streets , showing --Grand has a 60-foot right- rights-of-way widths; of-way - parking and loading areas;------------parking for 44 cars - pedestrian walks; ----------------- -at front entrance -• exterior lighting; ------------------- no proposal trash storage locations; ------------moo exterior locations 7. Fences or screening provisions ---------- showing location, type and height. none proposed on site plan 8• Sign height, location and dimensions.----no proposal on site plan Page 4 CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if all of the following conditions have been found: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; Church uses are normally an accepted neighborhood use . Surrounding land values will experience no significant impair- ment. 2 That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; One vacant lot east of the subject property has interstate frontage. Church use will cause no impediment to development. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities and drainage are present and adequate. 4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Site plan shows inadequate parking to accommodate seating in meeting hall. 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Church use will not generate any of the five adverse environ- mental nuisances. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; No directional lighting is included in the proposal. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Application shows no proposal for landscaping. 8) That the proposed use is in accordance with the comprehensive plan; The request is in a Conservation and Revitalization Area of the comprehensive plan and is in accordance. FILE 941—P. REQUEST FOR SPECIFIC USE PERMIT TO ESTABLISH A CHURCH IN • �,/ THE 1500 BLOCK OF GRAND AVENUE. ,$LA z APPLICANT: EAST CONGREGATION OF JEHOVAHS WITNESSES A` I� ►' �.aa !—J r- r F 1/200 , S Q i D e • w A ,D D I T4 t PEA M AVE • • I. is Z •, fc �• o J +e r • o _.2�os ! • p 0 Is 0 6 �... Z Q / x x N . c 1 I ! O :y A M GATALIA A 4' C / y _ v ^ • Ur ° �'Lr � � Y 1 p ' SUBJECT x sc lt l� u R t � r O =T A. tf _ Ii �r $ .i (~ x INTERSTATE 10 Ar v LQUISI °AYE : •'•� I ^ t A ' Np ✓0 - I ^ � r •r • k AGr. ,a E 0 n •Of • oc 1, I ' )r ;f l! 1J •O' AG 3 N u 1 --�.r.—e--j /9 • � r I ! � � lam, e 1lDJ NO ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A CHURCH IN AN LI ( LIGHT INDUSTRIAL DISTRICT) LOCATED IN THE 1500 BLOCK OF GRAND AVENUE. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a7- specific use permit for a church in the 1500 Block of Grand Avenue, Beaumont, Jefferson County, Texas, to the East Congregation of Jehovah' s Witnesses, prospective buyers, their legal representatives, successors, and assigns for that certain property hereinafter described; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit for a church located in the 1500 Block of Grand Avenue, 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 the East Congregation of Jehovah' s Witnesses, their 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. August 21, 1984 Council Letter 711 Honorable Mayor and Members of City Council Subject: Specific use permit for church and activities building in an RS district located at 7750 Highway 105. GENERAL INFORMATION Applicant Jesse Eastep for Northwest Church of Christ Status of Applicant church representative Reauested Action specific use permit for church and activities building Existing Zoning RS (Residential Single Family) Location 7750 Highway 105 Size 3 . 6 acres Existing Land Use vacant Surrounding Zoning and Land Use north - RS , vacant east - RM-H, vacant south - (across Highway 105) RS, single family west - RS, vacant Physical Features site has 561 feet of frontage on Highway 105 SPECIAL INFORMATION Public Utilities in Highway 105 Sanitary Sewer: 10 inch line Storm Drainage : major drainage ditches to east and west Water: 8 inch line Streets Highway 105 is designated as a major arterial and has a 100- foot right-of-way and 64-foot pavement. Fire Protection Station #8, 6297 Highway 105 PAge 2 ANALYSIS See Specific Use Permit Review. CONFORMANCE WITH COMPREHENSIVE PLAN The proposed use is in a Neighborhood Growth Unit and is in con- formance with the comprehensive plan. PLANNING STAFF RECOMMENDATION The applicant' s site plan satisfies all of the eight conditions. However, the staff has noted that the church ' s proposed sign exceeds the maximum allowable size and is not set back the required distance. The staff recommends that the applicant submit a revised site plan showing the required setback distance (25 feet) . In addition, an application for a variance to allow the church ' s sign as it is proposed on the site plan will be required prior to start of con- struction. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 7 Responses in Favor of Request 0 Responses Opposed to Request 0 PLANNING COMMISSION RECOMMENDATION The Commission recommended approval of the request by a vote of 6 to 0 pending submittal by the applicant of a revised site plan reflecting the correct maximum sign area and the correct front yard setback for sign installation. =TheCityManager recommends approval of the ordinance. Karl Nollenberger City Manager cc: Sherell Cockrell, Planning Director Page 3 CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if all of the following conditions have been found: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; Church structures and related activities are compatible uses in residential areas. Surrounding property values will not be diminished as a result of the specific use. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Surrounding residential area is presently undergoint sub- division platting and development. Development will be enhan ed by the development of the church. 3) That addequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; Existing utilities in Highway 105 are adequate to serve 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 ; Traffic Department has approved driveway, parking lot layout and required parking spaces . 5) That adequate nu4sance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Proposed use generates none of the five environmental nuisances. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; Security lighting on church building will not adversely affect surrounding properties . 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; On-site landscaping surrounding main building is adequate for proposal . 8) That the proposed use is in accordance with the comprehensive plan; Proposed use is in a Neighborhood Growth Unit and is in accordance with the plan. Page 4 SPEC:FIC USE PERMIT REVIEW ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and------------Northwest Church of Christ; activities. attendance: 225; two Sunday services ; one Wednesday evening ser- vice. 2. Boundaries of area covered by site ------561 x 280 , 3 . 6 acres plan with dimensions. 3. Existing and proposed building locations with: - number of stories; ------------------- two - height; ------------------------------ 29 feet - gross floor area; -------------------- 11, 075 sq. ft. (auditorium,classrooms & baptistry) - entrances and exits. ----------------- from Highway 105 4 . Existing drainage locations and --------- to on-site catch basins , direction of flow. then to east 5. Proposed landscaping and screening ------ landscaping to surround buffers . main building 6• Location and dimensions of: - curb cuts (existing and proposed) ;----proposed: 1 at 65 feet public and private streets , showing --Highway 105: 100 foot right - rights-of-way widths; of-way - Darking and loading areas;------------parking for 100 vehicles - pedestrian walks; ------------------_ -around main building at entrance -- exterior lighting; -------------------on building eaves trash storage locations; -------------normal collection 7. Fences or screening provisions ----------fencing not included in showing location, type and height. proposal 8 . Sian height, location and dimensions.--- size: 13 ' x 3 ' 9" (47 sq. ft. g height: 4 . 6 feet minimum setback: 25 feet • FILE 939-P. REQUEST FOR A SPECIFIC USE PERMIT TO ESTABLISH A CHURCH AND ACTIVITIES BUILDING ON A 3.6 ACRE TRACT OUT OF D. EASELEY SURVEY ABST,21 APPLICANT: NORTHWEST CHURCH OF CHRIST n RS . 1/200 ILV NOTE: DISTANCE TO MAJOR V DRIVE/HIGHWAY 105 INTERSEC- TION IS APPROXIMATELY 1200 FEET. Rm�H subject drArf Nwr /os 1 State Highway 105 1 fiS I i I I O AV i N &V i // / f? N I /1 N M _ I{ I ■ \S , OL/Vk ii qp 1 - - 1 TOLIVAR.9 r sr a j Iry 3 / • r v $ 45 If rALLP E e t � . I ` J'1 J 10 40 J 40 yp p t Y' LEI NO ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A CHURCH AND ACCESSORY ACTIVITIES BUILDING IN AN RS (RESIDENTIAL SINGLE FAMILY DISTRICT) ON PROPERTY LOCATED AT 7750 HIGHWAY 105. WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the issuance of a' specific use permit for a church and accessory activities building on property located at 7750 Highway 105, Beaumont, Jefferson County, Texas, to Northwest Church of Christ, its legal representatives, successors, and assigns for that certain property hereinafter described; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit for a church and accessory activities building on property located at 7750 Highway 105, 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 Northwest Church of Christ, its 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 - 4. August 21, 1984 Council Letter 708 Honorable Mayor and Members of City Council Subject: Abandonment of a 20-foot alley in Block 60 , Van Wormer Addition. GENERAL INFORMATION Applicant M. R. Andrus, Jr. Status of Applicant property owner Requested Action alley abandonment Purpose of Request increase useable area in rear yard Property Description 20-foot alley in Block 60 , Van Wormer Addition Existing Zoning and Land Use LI (Light Industrial) , vacant EXISTING UTILITIES 6-inch sanitary sewer line ANALYSIS All City departments and public utilities have submitted their respective approval. PLANNING STAFF RECOMMENDATION Staff recommends approval of the alley abandonment as a public right-of-way subject to its retention as a general utility easement. PLANNING COMMISSION RECOMMENDATION The Commission recommended approval of the abandonment as a public right-of-way subject to its retention as a general utility easement by a vote of 6 to 0 . Page 2 The City Manager recommends approval of the ordinance. Karl Nollenberger City Manager cc: Sherell Cockrell, Planning Director FILE 423—OB. REQUEST TO ABANDON A 20—FOOT ALLEY IN BLOCK 60, VAN WORMER ADDITION. e° so• APPLICANT: M. R. ANDRUS, JR. 1/200 6p p roo ' t ,rye • t� • g • � �0 • 65 l • ,�� SUBJECT • FP + • a z '• 6 tt tyo yo • o ' t o 10 • o ros o� f t•► • +' + \ x yo � _1 t' �i°� • .,..r,. !+r w.� fry's ,° t 5 0 \ • t• t+ 00 oil }d' of �'°• o d e to tot to goo bp goo s a T o tv' t•• ';7 +• A 'l+• ,� r Is t 9p ` •• o• •t t+�p�' t IA ' • Ilit �• ' tot Y • . t� \5 � �• t 1 t� • t• + ' t+ t��° tt +ol� Q1. ° i yo q1 t •e ° t / t � 6p t 119 >• vJ 7` t 11, 1p left Z t �° . ,� • ly i t�1 t Iy • • t l60 `t tt• • S NO ORDINANCE NO. ENTITLED AN ORDINANCE VACATAI NG AND ABANDONING A 20-FOOT ALLEY LOCATED IN BLOCK 60, VAN WORMER ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS AND PROVIDING FOR RETENTION AS A UTILITY EASEMENT. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT that certain 20-foot alley located in Block 60, Van Wormer 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 - 5. August 24, 1984 Council Letter 717 Honorable Mayor and Members of City Council Subject: Amendment to Franchise Ordinance with Liberty Tele-Communications, Inc. The agreement reached between the City and Liberty Tele-Communications, Inc. , with respect to a rate revision, included as apart of the overall package an extension of the term of the franchise until 1999. In addition, as per the agreement, the franchise now includes the language that will cause the company to pay a 3 percent fee, based on the gross receipts from all sources within its operation. This contrasts with the present practice of a payment based solely on receipts from basic subscription services only. This is the first of three readings, as required by law. It is recommended that this ordinance be adopted. Karl Nollenberger City Manager .. 1 n 1� it •B_c"� y��iii.(i NO ORDINANCE NO. AN ORDINANCE- AMENDING THE FRANCHISE GRANTED TO BEAUMONT CABLEVISION, INC . PREDECESSOR OF LIBERTY T. V. CABLE, INC. ON NOVEMBER 25, 1975, BY INCREASING THE PAYMENTS TO BE MADE THEREUNDER AND BY EXTENDING THE TERM THEREOF . WHEREAS, by ordinance adopted- on third and final reading on November 25, 1975, said ordinance becoming effective April 1 , 1976, the City of Beaumont ( the "City" ) granted Beaumont Cablevision, Inc. , the predecessor of Liberty T. V. Cable, Inc. ( the "Company" ) , the franchise ( the "franchise" ) to conduct within the City a cable television business and to use the streets, alleys and public ways of the City for the purpose of conducting such business; and, WHEREAS, the franchise is for a term of fifteen ( 15) years commencing on April 1 , 1976 ; and, WHEREAS, as compensation for the use of the streets, alleys and public ways of the City, the franchise required the Company to pay the City each year an annual payment equal to three percent ( 30 ) of gross annual basic subscriber revenues received for cable television operations in the City for the preceding calendar year; and, WHEREAS, City and Company desire to amend the franchise by extending the term thereof and by increasing the annual payment made by Company to City as compensation for the use of streets, alleys and public ways of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Section II( 4 ) be, and the same is hereby , repealed and removed from the franchise. Section 2. That Section III( l) be, and the same is hereby , amended to read as follows: "Upon the filing with the City by Company of the acceptance required hereunder, the franchise, as amended by this ordinance, shall be in full force and effect for a term and period of fifteen ( 15) years from and after April 1 , 1984, or until March 31 , 1999, unless sooner terminated as provided herein. " Section 3 . That Section IX( l) of the franchise be, and the same is hereby, amended to read as follows: "Section IX( 1 ) . The Company shall pay to the City on or before March 31 of each year, a three percent ( 30 ) franchise fee based on the gross receipts of the Company from all sources from its operations within the corporate limits of the City for the preceding calendar year. No other fee, charge or consideration, shall be imposed. Sales taxes or other taxes levied directly on subscription basis and collected by the Company shall be deducted from the gross receipts before - 2 - v computation of sums due the City is made. The company shall provide an annual summary report showing the gross receipts of the Company from all sources from its operations within the corporate limits of the City during the preceding calendar year. " Section 4-. That all provisions of the franchise adopted on third and final reading on November 25, 1975, except those sections amended herein which are hereby adopted as amended, shall remain in full force and effect and shall not be affected by passage of this ordinance. Section 5 . Company shall, within thirty ( 30) days from the date of the final passage of this ordinance by the City Council of the City of Beaumont, file with the City Clerk of the City of Beaumont, a written statement signed in its name and behalf in the following form: "To the Honorable Mayor and the City Council of the City of Beaumont: Liberty T. V. Cable, Inc. , for itself , its successors and asigns, hereby accepts the attached ordinance finally passed by the City Council of the City of Beaumont, the day of 3 - 1984, and agrees to be bound by all of its terms and provisions. LIBERTY CABLE T. V. , INC . By Dated this the day of 19 " Section 6 . The full text of this ordinance shall, after final passage by the City Council of the City of Beaumont, be published once each week for four ( 4 ) consecutive weeks in a newspaper of general circulation published in the City of Beaumont, and the expense of such publication shall be borne by Company. Upon said publication being completed and the acceptance of this ordinance by Company is herein provided, this ordinance shall take effect sixty-one ( 61 ) days after its adoption on third and final reading by the City Council of the City of Beaumont. PASSED First Reading on the day of , 19 PASSED Second Reading on the day of , 19 PASSED Third and Final Reading on the day of , 19 PASSED AND APPROVED this the day of 19 Mayor - 4 - 6. August 24, 1984 Council Letter 718 Honorable Mayor and Members of City Council Subject: College Street TIP Project As part of the City's Transportation Improvement Program (TIP) , College Street will be improved by widening to four lanes from Main Street to 11th Street with a continuous left-turn lane provided from Pearl Street to Neches Street, from Avenue A to Avenue C and from 4th Street to 11th Street. The degrees of curvature at the railroad between Avenue G and Amarillo will be lessened to better accommodate traffic. The project also includes realignment of the north side of 8th Street to produce a safer and clearer operation. Appraisals are needed to establish the value of right-of-way for this project. All buildings within the area which are planned to be taken for right-of-way will be appraised. It is standard procedure to hire two appraisal firms as this process results in more equitable offers and thus fewer condemnation cases. Four firms indicated interest. These firms are: Cook and Associates Jack C. Aulbaugh, Inc. American Real Estate Hare, Burns and Osborne Cook and Associates and Jack C. Aulbaugh, Inc. presented the most advantageous proposals. Both are competent, established firms with wide experience in ap- praising commercial as well as residential properties. Each contract would not exceed $18,500, with each firm stipulating an hourly charge of $50. The other two firms sending proposals are currently employed by the City for the Highland Avenue TIP Projecy. It is recommended that this resolution be approved. Karl Nollenberger City Manager NO R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF B EAUMO NT: THAT the City Manager be, and he is hereby , authorized to enter into an agreement with the appraisal f irms of Cook and Associates and Jack C . Aulbaugh, Inc. to furnish appraisals of property necessary for the College Street T. I. P. Project at a cost to the City not to exceed $18 ,500 for each contract. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 7. August 24, 1984 Council Letter 719 Honorable Mayor and Members of City Council Subject: Willow Bend Drive Participation Project II On January 17, 1984, City Council passed a resolution authorizing the City Manager to enter into an agreement with Beaumont Willow Creek Development Company, Developer, and Kohler and Kohler, Consulting Engineers, to parti- cipate in the paving of Willow Bend Drive from Walden Road south a distance of 3,300 feet. Bids were received on August 6, 1984. Of the eleven bids received, the lowest was submitted by E. R. Dupuis Construction Company in the amount of $321,627.93, which is $27,722.07 less than the $349,350.00 estimated cost. In accordance with the City's Participation Policy, the City' s share will be $123,254.72, including engineering fees. The money for the City match is available within the 1984 Street System Improvement Fund. The contract is for 60 working days (an estimated 120 calendar days) . The bids are as fol- lows: E. R. Dupuis Construction Co. $321,627.93 John Bankston 325,302.90 Troy Dodson 346,399.95 JCN Pavers, Inc. 356,608.20 Mason Construction Co. 360,691.50 Greer Construction Co. 365,863.68 MACO, Inc. 368,721.99 Russ Miller Construction Co. 373,621.95 Gulf Coast Industrial 381,108.00 Trotti and Thomson 386,688.51 Bella Company 417,721.54 E. R. Dupuis Construction Company has indicated that 11 percent of the con- tract will be allocated to Edwards Construction Company to meet the Minority Business Utilization Commitment of this contract. It should be noted that it has been standard practice for the City to parti- cipate with developers in the construction of collector streets in and through residential areas. In all instances where it is felt that adequate Council Letter 719 August 24, 198,f— Page 2 vehicle movement will require more than a standard 27-foot residential street, the City, under its Participation Policy, agrees to "pay all increased costs associated- with the construction of said streets to the extent said costs exceed that necessary to build a residential street". (Section 23-8 of the Code of Ordinances. ) This particular project involves the construction of a 37-foot collector street in lieu of a 27-foot residential street. It is recommended that this resolution be approved. O�?W A4-4ta/-07 Karl Nollenberger City Manager WALDEN ROAD .,yL4 q� WILLOW BEND DR o 'WILLOW rn 1A, co T Q1 CIO m A z O 1 o ROOKS o 1 RD40 m4 r 1p/<4 0 r �.� H M4Rsti \ O WILLOW BEND DRIVE - PARTICIPATION PROD. WILLOW CREEK COUNTRY CLUB EST. PREPARED BY : URBAN TRANSPORTATION DEPT. ENGINEERING DIVISION Aft,- IDA ITEM NO 7 R E S O L U T I O N WHEREAS, on August 6 , 1984, bids were received for the paving of Willow Bend Drive from Walden Road South a distance of 3 ,300 feet; and, WHEREAS, E. R. Dupuis Concrete Co. submitted a bid in the amount of $321,627. 93, the City' s share of which is is $123, 254. 72 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by E. R. Dupuis Concrete Co. 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 E. R. Dupuis Concrete Co. be accepted by the City of Beaumont, and the City Manager be, and he is hereby, authorized to enter into a contract with E. R. Dupuis Concrete Co. in the amount of $321,627. 93, the City' s share of which is $123, 254.72 , for the paving of Willow Bend Drive from Walden Road South a distance of 3 ,300 feet. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 8. August 24, 1984 Council Letter 720 Honorable Mayor and Members of City Council Subject: Whitson's Way Participation On November 22, 1983, City Council passed a resolution authorizing the City Manager to enter into to a n agreement with Washington West Limited, Developer, and Kohler and Kohler, Consulting Engineers, to participate in the paving of Whitson's Way from Washington Boulevard, a distance of approximately 615 feet southeasterly. Bids were received on August 6, 1984. Of the 13 bids received, the lowest was submitted by E. R. Dupuis Construction Company in the amount of $76,008, which is $12,542 less than the $88,550 estimated cost. In accordance with the City's Participation Policy, the City' s share will be $30,818.59, in- cluding engineering fees. The money for the City match is available within the 1984 Street System Improvement Fund. The contract is for 90 working days (an estimated 180 calendar days). The bids are as follows: E. R. Dupuis Construction Co. $76,008.00 Gulf Coast Industrial Construction 80,387.50 John Bankston Construction Co. 84,750.00 Jim Walters Construction Co. , Inc. 85,232.50 JCN Pavers, Inc. 85,260.00 Barns Construction Co. 91,275.00 Russ Miller Construction Co. 91,404.00 Bella Company 92,102.50 Mason Construction Co. 92,680.00 MACO Construction Co. 94,295.00 Trotti and Thomson 95,730.00 Greer Construction Co. 97,695.00 Baytown Construction Co. 99,575.00 E, R, Dupuis Construction Company has indicated that 14 percent of the con- tract will be allocated to Edwards Construction Company to meet the Minority Business Utilization Commitment of this contract. Council Letter 720 August 24, 1984 Page 2 This project involves the construction of a 37-foot collector street in lieu of a 27-foot residential street. It is recommended that this resolution be approved. /X� A-,V� pp Karl Nollenberger City Manager RTEN NO- R E S O L U T I O N WHEREAS, on August 6 , 1984, bids were received for the paving of Whitson' s Way from Washington Boulevard a distance of approximately 615 feet southeasterly; and, WHEREAS, E. R. Dupuis Concrete Co. submitted a bid in the amount of $76,008, the City' s share of which is is $30,818. 59; and, WHEREAS, the City Council is of the opinion that the bid submitted by E. R. Dupuis Concrete Co. 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 E. R. Dupuis Concrete Co. be accepted by the City of Beaumont and the City Manager be, and he is hereby , authorized to enter into a contract with E. R. Dupuis Concrete Co. in the amount of $76,008, the City' s share of which is $30,818. 59, for the paving of Whitson' s Way from Washington Boulevard a distance of approximately 615 feet southeasterly. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - 1� H I�TSON WAY WA�HINGT 1_ O L N VA CANAL BAKER ROAD LOCATION PLAN SHOWING WHITSON WAY IN WASHINGTON WEST SUBD . PREPARED BY: URBAN TRANSPORTATION DEPT. ENGINEERING. DIVISION t r i CONSENT AGENDA AUGUST 28, 1984 * Approval of Minutes. a. A resolution making committee appointments. b. A resolution authorizing payment for repairs to a gas line at the Health Department. c. A resolution accepting water, sanitary sewer, storm sewer and street improvements in Hidden Valley Estates for City maintenance. d. A resolution authorizing payment for an air conditioning unit in the Street Division. e. A resolution authorizing purchase of a generator for Engine No. 10 at the Fire Department. f. A resolution authorizing an annual subscription to the Moody's Investor Service for the Library system. g. A resolution authorizing execution of a construction permit and a right-of-way agreement with the Lower Neches Valley Authority. h, A resolution authorizing purchase of a data processing printer. a. August 24, 1984 Council Letter 707 Honorable Mayor and Members of City Council Subject: Committee Appointments A resolution making committee appointments is on the agenda for Council con- sideration Tuesday. Clyde Vincent and Katie Lane Duff, on nominations by Councilmembers Brumley and Weisbach, respectively, would be reappointed to the Parks and Recreation Advisory Committee. Their terms would conclude June 30, 1986. It is recommended that this resolution be approved. �&(�U Karl Nollenberger City Manager NOD a--� R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUkONT: THAT Clyde Vincent and Katie Lane Duff be appointed to the Parks & Recreation Advisory Commission with terms expiring on June 30, 1986. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - b. August 24, 1984 Council Letter 706 Honorable Mayor and Members of City Council Subject: Emergency Repair Authorization for Health Department On July 24, 1984, the Health Department discovered a major gas line leak on its property at 950 Washington Boulevard. The Fire Department and the gas company shut off the gas and ordered it remain off until all leaks were re- paired. Since the main use of gas is for the Health Department laboratory which services all other Health Department programs, critical services were in effect shut down until repairs could be made. This necessitated an emer- gency repair order. The plumber who had done the emergency water line re- pairs during last winter's hard freeze was called to do the work. Due to the age of the Health Department buildings and the condition of the pipes, new pipe had to be installed from the meter to the buildings. The old pipe throughout the complex would not hold pressure and was literally collapsing due to age. The total bill comes to $4,520.65, which includes $1,345.65 for material and $3,175.00 for labor. Monies are available within the Department of Building and Housing Services for this expenditure. It is recommended that this resolution be approved. Karl Nollenberger City Manager NO R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay Hodges Plumbing Four Thousand Five Hundred Twenty Dollars and Sixty-Five Cents ($4 ,520.65) for the emergency installation of a new gas line at the Health Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - c. August 23, 1984 Council Letter 715 Honorable Mayor and Members of City Council Subject: Acceptance of Hidden Valley Estates Final inspection of the water, sanitary sewer, storm sewer and street improve- ments constructed in Hidden Valley Estates has been made by the Water Utilities Department and the Engineering Division of the Urban Transportation Department. These improvements were found to be constructed in accordance with City stan- dards, and it is recommended that they be accepted for City maintenance. Street Improvements - Wooded Creek Drive from Hidden Valley Drive, approximately 275 feet east to and including the cul-de-sac. - Pleasant Bend Drive from Hidden Valley Drive, approximately 255 feet west to and including the cul-de-sac and east ap- proximately 825 feet to Enchanted Avenue. - San Anselm o Drive ve from Pleasant Bend Drive, approximately 488 feet south to Guess Road. - Hidden Valley Drive from Pleasant Bend Drive, approximately 1,130 feet in a northeasterly direction to Enchanted Avenue. - Enchanted Avenue from Pleasant Bend Drive, approximately 380 feet north. Water Improvements Lots 1 - 28, Block 1 Lots 1 - 20, Block 2 Lots 1 - 18, Block 3 It is recommended that this resolution be approved. Karl Nollenberger City Manager r R E S O L U T I O N WHEREAS, the developers of Hidden Valley Estates have completed the water, sanitary sewer, storm sewer and street improvements as follows: Street Improvements: Wooded Creek Drive from Hidden Valley Drive approximately 275 feet east to and including the cul-de-sac Pleasant Bend Drive from Hidden Valley Drive approximately 255 feet west to and including the cul-de-sac and east approximately 825 feet to Enchanted Avenue San Anselmo Drive from Pleasant Bend Drive approximately 488 feet south to Guess Road Hidden Valley Drive from Pleasant Bend Drive approximately 1130 feet in a northeasterly direction to Enchanted Drive Enchanted Avenue from Pleasant Bend Drive approximately 380 feet north Water and Sewer Improvements: Lots 1-28 , Block 1 Lots 1-20, Block 2 Lots 1-18 , Block 3 and, WHEREAS, the developers of said subdivision desire to have these improvements accepted and maintained by the City; and, WHEREAS, the directors of the Urban Transportation and Water Utilities departments recommend that said improvements qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the water, sanitary sewer, storm sewer and street improvements in Hidden Valley Estates, as above described, be, and the same are hereby , accepted by the City of Beaumont and shall be continuously maintained by the City. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 2 - d. August 24, 1984 Council Letter 713 Honorable Mayor and Members of City Council Subject: Payment for Air Conditioning Unit The central air conditioning unit at the Street Division facility malfunctioned on July 23, 1984, and was unable to be repaired. Informal bids were taken over the telephone from three local vendors as follows: Efficient Systems $1,223.00 Air Comfort 1,396.20 Lindy Dennis 1,770.00 Due to the extreme temperatures in the work area, a new air conditioning unit needed to be purchased immediately. The Efficient Systems price of $1,223 was the lowest and best bid, and an emergency order was issued. Funds were taken from the Building Maintenance - Urban Transportation - Street Division 1984 budget. It is recommended that this resolution be approved. L Karl Nollenberger City Manager � T, �� , "Taff NO. - R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to pay Efficient Systems One Thousand Two Hundred Twenty-Three Dollars ($1 ,223) , as the lowest and best of informal bids, for the emergency installation of an air conditioning unit at the Street Division facility. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - e. August 24, 1984 Council Letter 716 Honorable Mayor and Members of City Council Subject: Purchase of 3500-watt Generator Bids were received from three vendors for furnishing a 3500 GE Hale 3500-watt generator for use in the Fire Department. The bids are as follows: Casco Industries, Inc. $1,360 Halprin Supply Company 1,680 Claude Write and Associates 1,498 This generator is for use on Engine No. 10 for operating emergency lights and equipment. Funds are available within the 1984 Operational budget. It is recommended that the bid of Casco Industries, Inc. , in the amount of $1,360, be approved. /L 'w , (1 Karl Nol1enberger City Manager NO R E S O L U T I O N WHEREAS, bids were received for the purchase of one ( 1 ) 3500 watt generator for use in the Fire Department; and, WHEREAS, Casco Industries, Inc. submitted a bid in the amount of $1 ,360 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Casco Industries, Inc. is the lowest and best bid and should be accepted; NOVI, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Casco Industries, Inc. in the amount of $1 ,360 for the purchase of one ( 1 ) 3500 watt generator is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - August 24, 1984 Council Letter 714 Honorable Mayor and Members of City Council Subject: Annual Subscription to Moody's Investor Service On an annual basis, the Moody's s Investor Service furnishes the Library with manuals from the areas of Banks and Finance, Industrial , Public Utilities and Transportation. Information on bonds and dividends on weekly or bi- weekly updates are provided in all of these areas. This service is a part of our reference department at the Beaumont Public Library and is used heavily by Library patrons. Bids were not taken because Moody's Investor Service is the only company that furnishes this kind of material to libraries. Renewal of the service will cost $1,085. Money is available under educational materials from the General Fund. It is recommended that this resolution be approved. Karl Nollenberger City Manager J Nan PSG! 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 Moody' s Investor Service One Thousand Eighty-Five Dollars ( $1 ,085) for an annual subscription. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - 1 9• August 24, 1984 Council Letter 712 Honorable Mayor and Members of City Council Subject: Construction Permit and Right-of-Way Agreement with Lower Neches Valley Authority Willow Bend Drive, which is in a City-developer participation project, is being constructed as a 37-foot collector street. It crosses two canals owned by the Lower Neches Valley Authority - the Tillery Lateral and the Tyrrell Lateral . The project will include approximately 100 linear feet of 30-inch diameter pipe, to be installed across the Tillery Lateral , and 120 linear feet of 24-inch diameter pipe to be installed across the Tyrrell Lateral . It is necessary to obtain a Construction Permit and a Right-of-Way Agreement prior to beginning any work within the limits of the Lower Neches Valley Authority's right-of-way. There is no cost to the City for the permit or the agreement. It is recommended that this resolution be approved. Karl Nollenberger City Manager ' I i J a, y a �O a¢ <y Zw a a do r LOCATION ° a END wluow B a >w DRIVE 0 Z J XISTINO P O �r Q Z Yy P Q �E8BLE O BEACH OR. m 3 v MAJOR DRIVE JP v (F.M.364� CORPORATE LIMITS j.tom' tv�Pv P v •�������=PROPOSED 3300' PROJECT EXISTING PAVING — �— �— —:PROPOSED FUTURE PAVING PROPOSED LOCATION KOHLER & KOHLER OF ENGINEERS & SURVEYORS WILLOW BEND DRIVE 1630 N. MAJOR DR. BEAUMONT, TEXAS A CITY PARTICIPATION PROJECT SCALE:1"=2000' DATE: NOV.,1983 REV. AUG.,1984 GE- 1 ; ° A RTZX N0._ 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 authorized to enter into a right-of-way agreement and a construction permit with the Lower Neches Valley Authority ( L. N.V.A. ) prior to commencement of construction of Willow Bend Drive as a 37-foot collector street. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - h . August 24, 1984 Council Letter 723 Honorable Mayor and Members of City Council Subject: Purchase of Data Processing Printer for Health Department The Texas Department of Health gave the City Health Department $26,000 in funds to purchase data processing equipment and software to enable the City to provide data directly to the state. Council last week accepted the low bid of $17,225 for this equipment. Some $8,775 in committed funds remain. Some of these funds will be used to purchase necessary software. The Health Department has requested permission to use $1,995 of the remaining funds to purchase a letter-quality printer to allow the Department to increase its options in making maximum use of the various pieces of hardware already pur- chased. The bids are: MicroAge Computer Stores; Beaumont $1,995 Computer Concepts; Beaumont 2,066 IBM; Beaumont 2,290 It is recommended that the low bid of MicroAge Computer, in the amount of $1,995, be approved. 174 Karl Nollenberger City Manager Act A ITEM NO R E S O L U T I O N WHEREAS, bids were received for the purchase of a printer for the Health Department,,.. and, WHEREAS, MicroAge Computer Stores of Beaumont, Texas, submitted a bid in the amount of $1,995; and, WHEREAS , the City Council is of the opinion that the bid submitted by MicroAge Computer Stores 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 MicroAge Computer Stores in the amount of $1,995 for the purchase of a printer for the Health Depart- ment is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 , Mayor - WORK SESSION AGENDA AUGUST 28, 1984 CITY COUNCIL CHAMBERS 1. Discussion of: a. Deerwood Apartments b. King Edward Hotel/Beaumont Retirement Hotel 2. Discussion of Affirmative Action and Grievance procedures. 3. Discussion of budget. W/S August 21, 1984 1 a. Council Letter 721 Honorable Mayor and Members of City Council Subject: Beaumont Multi-Family Housing Finance Corporation - Deerwood Apartments P. Rowan Smith, Jr. , President of Regional Construction, Inc. , is requesting $4,700,000 in mortgage revenue bonds from the Beaumont Multi-Family Housing Finance Corporation for Deerwood Apartments, Phase II of Creekwood Apartments. The proposed project will be located on Park North Drive, consisting of ap- proximately 168 apartment units. At least 20 percent of the units will be designated for low and moderate income persons as stipulated by Section 103 (b) (4) (A) of the Internal Revenue Code. The following table listed below describes the types of units, square footage and proposed rents for the Deerwood Apartments: No. Type S.F. Rent 48 1B2Bth 578 $365 16 1B2Bth F/P 578 385 48 2B1.5B5h 768 410 24 2B2Bth 897 470 16 2B2Bth F/P 897 490 16 1B1Bth/Study 739 420 168 For your review, we have attached copies of income certifications used in selecting tenants, a real estate appraisal and a market analysis used by the developer of Deerwood Apartments. The Board of Directors has requested a study of the apartment projects that have been financed by the Beaumont Multi- Family Housing Finance Corporation. The staff is developing the information which will be ready for discussion On Tuesday. Please review the items mentioned above as a part of your discussion relat- ing to the possible passage of an inducement resolution for Deerwood Apart- ments. ?107 Karl Nollenberger City Manager W/S August 24, 1984 1 b. Council Letter 722 Honorable Mayor and Members of City Council Subject: Beaumont Industrial Development Corporation - King Edward Hotel/ Beaumont Retirement Hotel Waterford Associates, Ltd. , the new successor in interest to SS/RW Properties, Inc. , is seeking Industrial Revenue Bond financing for $7,000,000. In December, 1983, an inducement resolution was passed by the Industrial Develop- ment Corporation Board of Directors to issue the bonds. Because of the change in ownership interests of SS/RW Properties and a change in membership of the Industrial Development Corporation Board of Directors, we are asking City Council to review this project before holding a public hearing. We are also asking City Council to review a request by the Urban Group for $1,400,000 in Industrial Revenue Bonds to rehabilitate the Beaumont Retirement Hotel . Formerly known as the King Edward Hotel located on the Pearl-Orleans Street Connector, Waterford Associates, Ltd. is proposing in Phase I to rehabilitate the hotel to include 99 suites for daily occupancy and in Phase II, a parking facility to service the hotel and an office building. Renovation of this hotel will provide an estimated 100 new jobs. The second project you are asked to review is proposed by the Urban Group. They are requesting $1,400,000 in Industrial Revenue Bonds to acquire and re- habilitate the Beaumont Retirement Hotel . This hotel currently is a senior citizens congregate facility located at 625 Orleans Street and has 185 rooms. It provides low and moderate income seniors with furnished rooms, two daily meals, maid services, recreational services and a social director. Proponents of this project will continue to lease rooms on a short-term basis to low and moderate income seniors. In addition to 28 existing jobs, five to ten new jobs will be created. Before issuing Industrial Revenue Bonds to Waterford Associates, Ltd. to re- habilitate the King Edward Hotel and issuing an inducement resolution to rehabilitate the Beaumont Retirement Hotel , we are requesting City Council to review these projects. Karl Nollenberger City Manager W/S August 27, 1984 2. Council Letter 724 Honorable Mayor and Members of City Council Subject: Affirmative Action and Grievance Procedures In an effort to improve employee relations in the City work force, the Management Team responded to the request of Council to increase our Affirma- tive Action efforts and upgrade and improve our grievance policy and proce- dure. In December of last year, we adopted a second Affirmative Action Plan intended for use over the next five-year period. The City work force is divided for the purpose of the plan into seven cate- gories that are adopted from E.E.O.C. Guidelines. While we are committed to the overall Affirmative Action Program, it was ne- cessary to prioritize by occupational categories in order to enable us to focus in on those areas where deficiencies were most apparent. In order to address the most crucial areas, the Official/Administrative, the Professional and the Technical categories were listed as the number one priority. The following tabular information shows our position in these areas through June 30th. OFFICIAL/ADMINISTRATIVE September, 1983 Composition - 62 Positions White Black Hispanic Other Female 49 9 1 - 10 83% 15% 2% 17% March 31,1984 Composition - 60 Positions White Black Hispanic Other Female 45 13 2 - 13 75% 22% 3% 22% June 30, 1984 Composition - 60 Positions September, 1984 Target White Black Hispanic Other Female Black Hispanic Female 43 14 3 - 15 72% 23% 5% 25% 19% 3% 21% Council Letter 724 August 27, 1984 Page 2 Projected Composition - 1988 White Black Hispanic Other Female 40 19 3 25 64% 31% 5% 42% As can be seen, through June 30, 1984, we have achieved 50 percent of our pro- jected 1988 composition with respect to black minorities; we have achieved our goal in hispanics and have increased our female percentage by 8 percent over- all . In all instances, we are far ahead of our first-year goals that assumes a working towards compliance by 1988. PROFESSIONAL September, 1983 Composition - 73 Positions White Black Hispanic Other Female 53 15 1 1 31 76% 21% 1% 1% 44% March 31, 1984 Composition - 75 Positions White Black Hispanic Other Female ` . 56 17 1 1 35 75% 23% 1% 1% 47% June 30, 1984 Composition - 80 Positions September, 1984 Target White Black Hispanic Other Female Black Hispanic 58 18 3 1 37 73% 23% 4% 1% 46% 23% 2% Projected ,Composition - 1988 White Black Hispanic Other Female 46 23 3 1 31 63% 32% 4% 1% 42% In this category, we have shown improvement in the two areas of concern, black and hispanic minorities. TECHNICAL September, 1983 Composition - 72 Positions White Black Hispanic Other Female 50 15 1 - 20 76% 23% 1% 30% i Council Letter 724 August 27, 1984 Page 3 March 31, 1984 Composition- 74 Positions White Black Hispanic Other Female 59 14 1 - 25 80% 19% 1% 34% June 30, 1984 Composition - 72 Positions September, 1984 Target White Black Hispanic Other Female Black Hispanic Female 57 15 - - 24 79% 21% 33% 24% 2% 31% Projected Composition - 1988 White Black Hispanic Other Female 45 23 4 27 63% 32% 5% 38% We are aware of the problems in this area. Currently, steps are being designed to improve the number of minorities hired. The competitive market and the shortage of qualified and trained minorities puts an organization that can pay the most money in the best position to hire and keep these people. We are looking at the possibility of training employees already employed by the City. The rate of pay other organizations are offering for technical positions is also being studied. The second priority area identified is the area of Protective Services. PROTECTIVE SERVICES September, 1983 Composition - 4.36 Positions White Black Hispanic Other Female 388 40 2 - 21 90% 9% 1% 5% March '31, 1984 Composition - 427 Positions White Black Hispanic Other Female 384 41 > 2 - 20 90% 9.5% .5% 5% Council Letter 724 August 27, 1984 Page 4 June 30, 1984 Composition - 435 Positions September, 1984 Target White Black Hispanic Other Female Black Hispanic Female 383 48 4 - 19 88% 11% 1% 4% 22% 1% 6% Projected Composition - 1988 White Black Hispanic Other Female 383 81 17 42 78% 19% 4% 10% We are making progress in this area with the exception of female. We are look- ing at ideas that will , hopefully, encourage more women to apply and remain in City employ. The Skilled Craft and Service Maintenance categories, comprising some 488 posi- tions - tions in the work force, is listed as the third priority in our program. SKILLED CRAFT ` September, 1983. Composition - 186 Positions White Black Hispanic Other Female 63 116 5 - 15 34% 63% 3% 8% March 31, 1984 Composition - 177 Positions White Black Hispanic_ Other Female 59 113 5 - 16 33% 64% 3% 9% June 30, 1984 Composition - 174 Positions September, 1984 Target White Black Hispanic Other Female Hispanic Female 56 113 5 77 32% 63% 4% 42% 3% 15% Projected Composition - '1988 White Black Hispanic Other Female 61 118 7 77 33% 63% 4% 42% L Council Letter 724 August 27, 1984 Page 5 In this area, the effort to continue improvements in female involvement are continuing. SERVICE/MAINTENANCE September, 1983 Composition - 302 Positions White Black Hispanic Other Female 55 250 4 - 67 18% 81% 1% 22% March 31, 1984 Composition - 295 Positions White Black Hispanic Other Female 55 237 3 - 62 19% 80% 1% 21% June 30, 1984 Composition - 288 Positions September, 1984 Target White Black Hispanic Other Female Hispanic Female 52 228 8 - 64 18% 79% 3% 22% 2% 27% Projected Composition - 1988 White Black Hispanic Other Female 55 231 16 129 18% 77% 5% 48% In this category, we are also experiencing problems in increasing female involve- ment. We are hopeful of achieving some degree of improvement. The Clerical/Administrative Support category is listed as our fourth level of priority. CLERICAL/ADMINISTRATIVE SUPPORT September, 1983 Composition - 181 Positions White Black Hispanic Other Female 109 60 3 - 167 63% 35% 2% 97% Council Letter 724 August 27, 1984 Page 6 March 31, 1984 Composition - 172 Positions White Black Hispanic Other Female 102 62 8 - 169 59% 36% 5% 98% June 30, 1984 Composition - 175 Positions September, 1984 Target White Black Hispanic Other Female Hispanic 101 61 11 - 169 58% 35% 6% 98% 3% Projected Composition - 1988 White Black Hispanic Other Female 112 62 7 171 62% 34% 4% 95% Our target area involved increasing our percentage of hispanics which we have already achieved. In summary, we are well pleased with progress in this important program. Grievance and Affirmative Action In both the Grievance Procedure and Affirmative Action Plan, we are currently in the process of holding training sessions for all employees. This extensive effort is necessary in order to familiarize them with these two important topics. With respect to the Grievance Procedure, our entire policy has been rewritten and furnished to all employees. All supervisory employees have already re- ceived special training in this area. In Affirmative Action, copies of the plan summary are being furnished to all em- ployees and our affirmative action officer is making separate appearances in the various departments as a part of the ongoing training. We do feel that these steps will be of benefit in improvimg the area of employee morale and communication. Karl Nollenberger City Manager i i CHAPTER V DISCIPLINE 5. 1 PURPOSE The City of Beaumont' s disciplinary procedures are designed to eliminate disciplinary problems in advance as much as possible by informing our employees which actions may result in discipline and what steps will be taken. We believe that a uniform procedure will increase employees' sense of job security by reassuring them that discipline will be applied only for cause and, even then, only according to accepted practices and within the limitations of the law. Furthermore, these procedures are established to protect employees from the unsafe actions of their co-workers which might put them in physical jeopardy, to assure all employees that basic disciplinary procedures will be applied uniformly in all departments; and to give employees who violate rules the opportunity to improve by informing them what specific actions they should take to meet behavioral and performance standards. 5. 2 ADMINISTRATION A. Disciplinary action may be administered by an employee' s department head, ' division head, or supervisor as appropriate for misconduct only. B. Misconduct for purposes of disciplinary action includes but is not limited to: 1. Delay, failure or inability to perform duties; 2. Neglect or abandonment of duties; 3. Discourtesy to co-workers or the public; 4 . Disregard of established policies and procedures; 5. Violation of any City safety rule; 6. Creation of excessive noise when not required by job; 7. Frequent lateness or absenteeism; 8. Disregard of basic hygiene; 9. Sleeping on the job, except when on call; 10. Possession of any weapon of any type while on City property; 11. Insubordination--refusing to accept job assign- ments or any other reasonable request of the supervisor; 12. Unexcused absence; 13. Habitual abuse of personal leave or short-term disability or other benefits; 14. waste, damage, or unauthorized use of City property or supplies; 15. Any unethical, abusive, or unsafe act or profane language; 16. Violation or City rules and regulations; or 17. Discrimination and/or sexual harassment as defined by Federal law. C. Causes for Immediate Termination An employee may be immediately terminated for reasons including, but not limited to: 1 . Working under the influence of intoxicants or bringing alcoholic beverages on City property; 2 . Working under the influence of drugs or bringing illegal drugs on City property; 3. Stealing or embezzling; 4 . Gambling on City property; 5. Giving out information of a confidential nature to unauthorized people; 6. Fighting on the job; 7 . Falsifying any records or documents; 8. Making false statements on employment application or withholding information that should have been set forth; 9. Unexcused absence for twenty-four ( 24) scheduled working hours; 10. Committing any illegal act during working hours or anytime while on City property. 5. 3 Progressive Disciplinary Procedure The City of Beaumont, in adherence to its policy of uniformed disciplinary procedures will impose disciplinary action in a progressive manner except in those cases which result in immediate termination. This means discipline will be increased in severity for violations of the policies and procedures. However, in each situation the employee' s work record and the particular facts and circumstances surrounding the situation will be considered in determining the appropriate disciplinary action. The three steps of progressive disciplinary action are: A. Reprimands 1. Oral Reprimand - should be used for infractions of a relatively minor nature. The employee should be made aware that they are receiving an oral reprimand, the specific reason for such reprimand, and that if the employee does not take this opportunity to correct the condition/infraction, more severe disciplinary action will follow. This warning will not be submitted to the employee' s personnel file. 2. A Written Reprimand - should be issued by the supervisor in the event an employee continues to disregard an oral repimand or if the infraction is severe enough to warrant it. A written repimand should: - be entitled "Written Reprimand; " - contain a detailed explanation of the facts; - state the rule, policy, etc. , which was violated; - state prior warnings ; - make the employee fully aware of the reasons for the action; - indicate the consequences of any future violations; - be signed by the supervisor and employee; B. Suspensions - shall be in writing and should be used only after the employee has received at least one ( 1 ) reprimand or for more serious infractions. Suspensions shall be used as a last resort prior to termination except in those cases where the infraction calls for immediate termination. Suspensions without pay shall be for a minimum of one ( 1 ) day without pay to a maximum of ten ( 10) days without pay. C. Termination - is the proper action when the infraction is so severe as to necessitate immediate removal or where there are a series of continually repeated infractions after progressive discipline. 5. 4 PROCEDURES. Disciplinary actions should be treated consistently by all departments of the City. To that end, disciplinary actions, including reprimands, suspensions, and terminations should be consistent with city-wide procedures. 5. 5 DISCIPLINE INVOLVING CIVIL SERVICE PERSONNEL. In cases dealing with employees covered by Civil Service rules and regulations, the disciplinary actions set forth in this policy shall be applicable to the extent such policy conforms to applicable Civil Service rules and regulations, labor agreements and Texas State Statutes governing Civil Service employment. 5 .6 METHOD OF ADMINISTRATION. Oral reprimands, written reprimands, or suspensions shall describe the deficiency or infraction involved and shall state the likely consequences of further unsatisfactory performance or conduct. Any written correspondence regarding disciplinary action, dismissal, or reduction in pay shall be permanently noted in the employee' s official personnel file in the Personnel Division. 5.7 APPEAL. A. All appeals of disciplinary action shall be in accordance with the City' s grievance procedure outlined in Chapter VI. B. There shall be no right of appeal for probationary employees except on the ground of discrimination prohibited by law. CHAPTER VI Grievances 6. 1 PURPOSE The purpose of the City' s grievance procedure is to establish a fair, expeditious and orderly system for the adjustment of employee grievances. A grievance is defined as any dispute, claim, or complaint involving wages, hours or working conditions. Grievances relating to terminations, suspensions without pay for more than three ( 3 ) days and demotions or reductions in pay for disciplinary purposes shall be handled under 6. 4 hereof. If your grievance alleges any discrimination, you may first attempt to resolve the matter with the department head, but should you desire, you may contact the Affirmative Action Office immediately. The process will be handled through that office according to the guidelines of the Affirmative Action Plan. All other grievances shall be handled under 6. 3. 6 . 2 ADMINISTRATIVE POLICY A. The grievance procedure shall apply to regular full-time employees of the City of Beaumont. Probationary, temporary and part-time employees are not entitled to the protections provided by the City' s grievance procedure. B. The procedures established by this policy are mandatory and must be strictly followed. Failure to abide by the procedures shall be just cause for the grievance to be dismissed. C. A grievance not brought to the attention of the appropriate City official within the time limits established herein shall not be considered timely and shall be void. However, in all steps of the grievance procedure, administrative discretion on extending time limits wi l l be allowed when justification for an extension is given to the appropriate individual. Examples of this are: suspension, on vacation, illness, etc. D. The employee shall have the right to a representative of his/her own choice, provided that the employee' s representative does not claim the right to strike. If the representative is an attorney, a five-day notice of this fact shall be furnished to the employer. The employer will then be represented by legal counsel. E. Department Directors with the advise of the Personnel Division are responsible for the administration of the City' s grievance procedure within their respective departments. F. The use of City time to solicit advice or to discuss grievances with persons other than supervisors, employee representatives, or City officials must be authorized by the employee' s Department Director. G. Grievances shall be considered resolved at any step when all parties concerned are satisfied. H. The "City of Beaumont Grievance Form" as shown in the Appendix, Schedule H , shall be used by employees for the submission of written grievances. I. Grievance forms shall be maintained by departments and made readily available to its employees. Forms may also be obtained from the Personnel Division. 6. 3 PROCEDURES FOR GRIEVANCES INVOLVING DISCIPLINARY ACTIONS NOT COVERED BY THE PROCEDURES OUTLINED IN SECTION 6.4 OF THIS CHAPTER A. Step 1. An employee who has a grievance shall present it verbally to his/her immediate supervisor within three ( 3 ) working days of the date that the employee knew or should have known of the grievable action. The supervisor shall meet with the employee within three ( 3 ) working days to discuss the grievance. B. Step 2. A grievance not resolved in Step 1 shall be submitted in writing to the employee' s Division Head within three ( 3 ) working days of the date of the employee' s meeting with his/her supervisor. The Division Head shall meet with the employee and the employee' s immediate supervisor and shall investigate the employee' s grievance within five ( 5) working days of the date of the grievance filed by the employee with the Division Head. A written decision shall be made and a copy provided to the employee within five ( 5 ) additional working days. In those instances where the organizational structure of- the City does not have a designated division head or the immediate supervisor is the Department Head, the employee shall proceed with Step 3 of the grievance procedure. C. Step 3. A grievance not resolved in Step 2 shall be submitted in writing to the employee' s Department Director within five ( 5) working days of the date of the Division Head' s written decision. The Department Director shall meet with the employee and the Division Head within five ( 5) working days of the date of the employee' s grievance with the Department Director. A written decision shall be made and a copy provided to the employee within five ( 5 ) additional working days. Said written decision shall state the nature of the investigation conducted and the reasons for the Department Director' s decision. D. Step 4. A grievance not resolved in Step 3 shall be submitted in writing to the City Manager within seven (7 ) working days of the date of the Department Director' s written decision. The City Manager shall render a written decision within ten ( 10) working days of the date of the employee' s grievance with the Department Director. The decision made by the City Manager is final. 6 .4 PROCEDURES FOR GRIEVANCES PERTAINING TO TERMINATIONS, SUSPENSIONS WITHOUT PAY FOR MORE THAN THREE DAYS, AND DEMOTIONS OR REDUCTIONS IN PAY FOR DISCIPLINARY REASONS A. The procedure established in this section shall apply to regular full-time employees in the case of: 1 . Terminations; 2. Suspensions wi tho ut pay Y for more than three working days; or 3. Demotions or reductions in pay in current grade for disciplinary reasons. B. Pre-termination and pre-reduction in pay procedures: 1 . Three (3 ) days prior to termination, demotion, suspension, or reduction in pay for disciplinary reasons a written notice shall be provided to the employee stating the intended action to be taken, reason for the action, and the date of the contemplated action. If written notice is not given prior to the date of intended action because of extraordinary circumstances in the opinion of the supervisor taking disciplinary action, such notice must be provided within two ( 2) working days after termination or suspension. 2. This notice must also give the employee a reasonable period of time to respond to the charges in writing and to meet with the department head to refute the charge prior to the date of the intended action. 3 . This notice must also advise the employee of his right to request a hearing if the Department Director decides to proceed with the contemplated action after meeting with the employee and considering his rebuttal. 4. Failure to provide notice prior to termination, demotion, suspension, or reduction in pay for disciplinary reasons, or in extraordinary circumstances within two working days after such actions, shall not bar taking such actions. However, employees shall not be subject to loss of pay or reduction in pay unless notice is provided as set out herein. C. Hearing Procedure: 1 . Employee shall make a written request for a hearing to the City Manager within five ( 5 ) working days from the effective date of the Department Director' s decision to uphold termination, suspension, or demotion. 2. The employee shall have the right to appoint one ( 1 ) member of the impartial panel. Said selection shall be from a list of employees who have been selected by the City Manager to serve as committee members for a period of one ( 1 ) year. 3. Then the City Manager shall appoint two ( 2 ) members of an impartial three ( 3 ) person panel to conduct a hearing. 4. The. City Manager shall schedule the hearing no later than ten ( 10) calendar days from date of appointment or as soon as practical thereafter. The employee shall be advised of the names of the witnesses who will testify against the employee and the nature of their testimony. 5. At the hearing, the employee shall have the right to appear personally and through a representative, to call witnesses and produce evidence in his/her behalf. All testimony is to be under oath. 6. Promptly after conclusion of the hearing, the panel shall prepare a written report recommending their suggested action and stating the reasons therefor. 7. The hearing officer' s report shall be forwarded to the City Manager who shall make the final decision. CITY OF BEAUMONT, TEXAS Disciplinary Action Notice EMPLOYEE NAME: SS#; DEPARTMENT/DIVISION: Employee No. DISCIPLINARY ACTION Termination ( ) Demotion ( ) Suspension without pay ( ) Reduction in pay ( ) DATE OF NOTICE: EFFECTIVE DATE OF ACTION: REASON: ACTION INITIATED BY: (Name) (Signature) Employee must respond in writing by (Date/Time) (Employee Signature) (Date) EMPLOYEES MAY GRIEVE THE DISCIPLINARY ACTION CONTEMPLATED IN ACCORDANCE WITH THE GRIEVANCE PROCEDURES OUTLINED IN CHAPTER 6 OF THE PERSONNEL POLICY MANUAL. EMPLOYEES HAVE THE RIGHT TO REQUEST A HEARING IF THE GRIEVANCE IS NOT SATISFACTORILY RESOLVED AT THE DEPARTMENT HEAD LEVEL. CITY OF BEAUMONT Employee Grievance Form EMPLOYEE NAME: DATE OF GRIEVANCE: DEPARTMENT/DIVISION: SUPERVISOR: STATEMENT OF GRIEVANCE: ACTION REQUESTED: List any witnesses: 1. 2. 3. 4. This form must be returned to by (Date) (Employee Signature) (Date) (Supervisor Signature) (Date) CITY OF BEAUMONT Grievance Decision Form EMPLOYEE NAME: DATE OF GRIEVANCE: DEPARTMENT/DIVISION: TYPE OF GRIEVANCE: (Suspension, termination, etc.) Grievance / /Upheld %/ Overturned Investigation Conducted %J Yes %/ No Witnesses Interviewed %/ Yes /—/ No Date of Investigation: DECISION STATEMENT: (Dept./Div. Signature) (Date) 1. Grievance appealed to Division Head %/ Yes %/ No 2. Grievance appealed to Department Director %/ Yes %/ No 3. Grievance appealed to City Manager / / Yes / / No (Employee Signature) (Date) IF YOU APPEAL THIS DECISION YOU MUST FILE YOUR GRIEVANCE WITH THE APPROPRIATE MANAGEMENT OFFICIAL IN ACCORDANCE WITH CHAPTER 6 OF THE PERSONNEL POLICY MANUAL. i AFFIRMATIVE ACTION PLAN CITY OF BEAUMONT FY 1984 AFFIRMATIVE ACTION PLAN CITY OF BEAUMONT FY 1984 PURPOSE The City of Beaumont has established its Affirmative Action Plan in accordance with the intent of the rules, regulations, and guidelines of the various federal, state, and local laws and agencies having oversight in the equal opportunity area. This Affirmative Action Plan established by the City of Beaumont provides for the full implementation of the City's policy on Equal Employment Opportunity. It is the goal of the City's written plan to provide equal opportunity for any individual regardless of race, color, religion, sex, national origin, or marital status to the terms, conditions, and benefits of employ- ment. The plan will implement the City's policy to provide moti- vation and employment opportunities to members of minority groups and women. REAFFIRMATION OF AFFIRMATIVE ACTION POLICY In 1978, the City of Beaumont adopted its first Affirmative Action Plan designed to address the problem of inadequate minority representa- tion in most segments of the City work force. This past year was our fifth year under the 1978 Affirmative Action Plan. Through this plan the Page 2 City has significantly increased minority representation in the City work force. It has been one of our objectives to continue this effort with the adoption of a second Affirmative Action Plan intended for use over the next five-year period. The City through its Affirmative Action Plan is taking the initiative in abolishing whatever discriminatory practices may exist. As a municipal government we recognize our legal and moral obligation to remove any vestigates of distrimination and to provide a merit system where each employee is respected as an.�individual recognizing his or aspirations, capabilities, and needs. All employees must be provided fair treatment and equal opportunity through appropriate policies to rise to as high a level of responsibility as their talents and diligence will taken them. As a public employer we recognize that the City of Beaumont has a special responsibility to adhere not only to the letter of the law, but also its spirit and to assure fair participation in the City's work force to all segments of the local population. Recognizing our special responsibility we therefore commit ourselves to ensure equality of employment opportunity to all employees and to all citizens of the City of Beaumont. Page 3 LEGAL BASIS OF AFFIRMATIVE ACTION PLAN Title VII of the Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act of 1972) Title VII prohibits discrimination because of race, color, religion, sex, or national origin, in any term, condition, or privilege of employment. The Equal Employment Opportunity Act of 1972 greatly strengthened the powers and expanded the jurisdiction of the Equal Employment Opportunity Commission (EEOC) in enforcement of this law. As amended, Title VII now covers: 1. All private employers of 15 or more persons. 2. All educational institutions public or private. 3. State and local governments. 4. Public and private employment agencies S. Labor unions with 15 or more members. 6. Joint labor-management committees for apprenticeship and training. It shall be an unlawful employment practice for an employer: 1. To fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or 2. To limit, segregate, or classify his employees or applicants for employment in any way which would deprive Page 4 or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin. (Section 703(a), Title VII, Civil Rights Act of 1964 as amended by the EEO Act of 1972.) "Nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its juris- diction the equal protection of the laws." (Section 1 of the Fourteenth Amendment to the U. S. Constitution.) In 1978 a new Section 801(k) was added to Title VII. This amendment prohibits discrimination in employment policies because of an applicant's or employee's pregnancy, or childbirth. It also requires employers to treat pregnancy and childbirth the same as other causes of disability under fringe benefit plans. The Equal Pay Act of 1963 requires all employers subject to the Fair Labor Standards Act (FLSA) to provide equal pay for men and women performing similar work. In 1972, coverage of this Act was extended beyond employees covered by FLSA to an estimated 15 million additional executive, administrative and professional employees (including academic, administrative personnel and teachers in elementary and secondary schools) and to outside sales people. The Age Discrimination in Employment Act of 1967 prohibits employers of 25 or more persons from discriminating against persons 40-65 in any area of employment because of age. Page 5 Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in all programs or activities which receive Federal financial aid. Employment discrimination is prohibited if a primary purpose of Federal Assistance is the provision of employment such as apprenticeship, training, workstudy, or similar programs. Revised guidelines adopted in 1973 by 25 Federal agencies prohibit discriminatory employment practices in all programs if such practices cause discrimination in services provided to program bene- ficiaries. This could be unequal treatment of beneficiaries or in hiring or assignment of counselors, trainers, faculty, hospital staff, social workers, or others in organizations receiving Federal funds. In addition, Executive Order No. 11246 which applies to all employers with 50 or more employees and a government contract or subcontract of $50,000 or more. It also applies to contractors and subcontractors on construction projects financed in whole or in part by federal funds. It requires that every contract contain a clause prohibiting discrimina- tion based upon race, color, religion, sex, or national origin. In addition, other guidelines and regulations require contractors and subcontractors to develop and carry out a written Affirmative Action Program. This Executive Order is enforced by the Department of Labor's Office of Federal Contract Compliance Programs. STATE AND LOCAL LAWS TEXAS STATE LAIN On June 25, 1983, the Texas legislature enacted the Commission on Human Rights Act. This act prohibits discrimination in employment by Page 6 any person, group, labor organization, agency, or any employer or his agents because of race, color, religion, national origin, sex, age or handicap. This act assures all persons equal opportunity in employment and in all labor-management union relations. CITY OF BEAUMONT ORDINANCE Section of the Code of Ordinances of the City of Beaumont bars discrimination in employment or discrimination in advancement of any person who is an applicant or promotional candidate for a position because of sex, race, national origin, religion, or political affilitation. GOALS LABOR MARKET ANALYSIS AND UTILIZATION ANALYSIS The labor market analysis conducted by the City's Affirmative Action Committee to determine goals included the following data: 1. The minority and female population of Beaumont (SMSA) The City has approximately 32,153 minority persons and 22,899 females. Minorities comprise approximately 58% of the total population. Females comprise approximately 42% of the total population. 2. The minority workforce as a proportion of the total work force in Beaumont is 36%. Females comprise 320 of the total work force in Beaumont. The City of Beaumont obtained the actual race/sex breakdown by occupa- tional category of the total labor force in the city limits of Beaumont from the University of Texas at Austin, Bureau of Business Research. The EEO statistics in this report came from the "Census of Population and Housing, 1980 Equal Opportunity Special Census Tape, U. S. Department of Commerce Census Bureau." These statistics concerning r 1 Page 7 the race/sex composition of the total labor force in Beaumont, Texas is the criteria for determining the City's overall affirmative action goals. In conjuction with the labor market analysis, a utilization analysis was also conducted. The objective of the utilization analysis was to determine where in the City's work force minorities and women were underutilized. Utilization statistics were collected from all City Depart- ments. Attached as Appendices A and B are photocopies of the labor market and utilization analysis conducted by the City. Based on the in-depth evaluation conducted by the Affirmative Action Committee, the following goals were established for minorities and females: ADMINISTRATIVE,, PROFESSIONAL, AND TECHNICAL - 1ST PRIORITY The evaluation of the City's work force indicated that minorities are underutilized in the Administrative, Professional, and Technical job categories. Recognizing the fact that traditionally minorities and females have been excluded from those positions that involve policy formulation and decision making and from those internal resource pools from which candidates for promotion to management are drawn, it shall be the policy of the City of Beaumont to aggressively move toward the utilization of minorities and females in these upper level positions. Thus, in order to more fairly reflect its surrounding community labor market segments in these positions, the City of Beaumont has established the following goals for minorities and females: Page 8 I. Administrative Occupations - 62 positions: Occupations in which employees set broad policies, exercise overall responsibility for execution of these policies, or direct individual department or special phases of the agency's operations. Includes: department directors, assistant directors, division chiefs, superintendents, police majors, deputy fire chief, accountants, budget analysts, administrative assistants, and kindred workers. Current Composition - 1983 White Black Hisp Other Female 49 9 1 10 83% 15% 2% 17% Projected Composition - 1988 White Black Hisp Other Female 40 19 3 26 64% 31% 5% 42% H. Professional Specialty Occupations - 73 positions: Occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience and other training which provides comparable knowledge. Includes: engineers, planners, lawyers, doctors, registered nurses, librarians, sanitarians, systems analysts, social workers, dieticians, teachers or instructors, police captains, and fire district chiefs. Current Composition - 1983 White Black Hisp Other Female 53 15 1 1 31 76% 21% 1% 1% 44% Projected Composition - 1988 White Black Hisp Other Female 46 23 3 1 31 63% 32% 4% 1% 42% III. Technical Occupations - 72 positions: Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post-secondary school education or through equivalent on-the-job training. Includes: drafting, engineering and laboratory technicians, construction and code inspectors, computer programmers and operators, surveyors, licensed vocational nurses, and kindred workers. Page 9 Current Composition - 1983 White Black Hisp Other Female 50 15 1 20 76% 23% 1% 30% Projected Composition - 1988 White Black Hisp Other Female 45 23 4 27 63% 32% 5% 38% PROTECTIVE SERVICES - 2nd Priority The protective services analysis revealed that minorities and females are underutilized in these positions. Due to the cultural barriers traditional society has placed on minorities and women in careers as police officers, the attainment of the goals established by the City of Beaumont for minori- ties and females shall be accomplished by an innovative three-prong system that will assure equal accessibility to employment for all individuals de- siring careers as police officers. Under this system, all qualified individuals shall be classified according to white/minority/female. From each classification one qualified individual, according to his or her ranking within that classification, shall be selected on a rotating basis for any vacancies that are available. For instance, if there are only three vacancies, one individual will be selected from each classification. This system shall remain in effect until the following goals established by the City for minorities and females are met. I. Protective Services - 436 positions: Occupations in which workers are entrusted with public safety, security and protection from destructive forces. Includes: patrolmen, sergeants, lieutenants, firefighters, fire engineers, fire captains, fire prevention investigators, jailers, and park rangers. Current Composition - 1983 White Black Hisp Other Female 388 40 2 21 90% 9% 1% 5% Projected Composition - 1988 White Black Hisp Other Female 338 81 17 42 78% 19% 4% 10% Page 10 SKILLED CRAFT, REPAIR, AND MAINTENANCE OCCUPATIONS - 3rd Priority It should be re-emphasized that the policy of the City will be to commit the majority of resources allocated to the Affirmative Action work program to accomplishment of Administrative and Technical goals for reasons already stated. As a result of this policy, this category as viewed in terms of goal setting is third in priority. In these job categories, the evaluation conducted by the Affirmative Action Committee revealed that hispanics and females are underutilized in these job categories. The City therefore established the following goals for hispanics and females in these positions: I. Service Maintenance Occupations - 302 positions: Occupations in which workers perform duties which result in or contribute to the comfort, convenience, hygiene or safety of the general public or which contribute to the upkeep and care of buildings, facilities or grounds of public property. Includes: General laborers, construction laborers, refuse collectors, custodial personnel, crew leaders, and foremen. Current Composition - 1983 White Black Hisp Female 55 250 4 67 18% 81% 1% 22% Projected Composition - 1988 White Black Hisp Female 55 231 16 129 18% 77% 5% 48% II. Skilled Craft - 186 positions: Occupations in which workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training and experience or through apprenticeship or other formal training programs. Includes: carpenters, electricians, electronics technicians, painters, welders, heavy equipment operators, mechanics, repairmen and plant operators, crew leaders and foremen. Current Composition - 1983 White Black Hisp Female 63 116 5 15 34% 63% 3% 8% Projected Composition - 1988 White Black Hisp Female 61 118 7 77 33% 63% 4% 42% Page 11 ADMINISTRATIVE SUPPORT/CLERICAL OCCUPATIONS - 4th Priority The statistical evaluation of the City's work force revealed that blacks and females presently surpass their composition in the City's labor market in these job categories. Hispanics, however, were underutilized in these two job categories. Therefore, no goals were established for blacks and categories. The females in these job categ . goals established for hispanics- in these positions are as follows: tions: occupations Administrative Su ort 181 osi in which workers p are responsible for internal and external communication, recording and retrieval of data and/or information and other paperwork required in an office. Includes: clerks and receptionists, office machine operators, clerk-typists, stenographers, secretaries, statistical clerks, dispatchers, payroll clerks, office supervisors, and kindred workers. Current Composition - 1983 White Black Hisp Other Female 109 60 3 167 63% 35% 2% 97% Projected Composition - 1988 White Black Hisp Other Female 112 62 7 171 62% 34% 4% 95% PLAN ADMINISTRATION/ASSIGNMENT OF RESPONSIBILITY CITY MANAGER The City Manager shall be responsible for assuring equal employment opportunity policy and program understanding by the City Council and the citizens of Beaumont. PERSONNEL DIRECTOR The overall preparation and coordination of the implementation of the Affirmative Action Plan is the responsibility of the Personnel Director. Recruitment and selection procedures are the responsibility of the Personnel Director who is accountable to the Assistant City Page 12 Manager. In those job categories where underutilization is evident, extensive outreach recruitment will be done in order to ensure that eligible lists submitted to departments consistently contain a repre- sentative number of women and minorities. AFFIRMATIVE ACTION OFFICER The Affirmative Action Officer shall work with department/division heads in solving EEO problems which may arise and continually attempt to prevent the occurrence of such problems. He/she shall be responsible for monitoring compliance with the Affirmative Action Plan and to make recommendations to the City Manager. The Affirmative Action Officer shall make recommendations to the City Manager for appropriate disciplinary action for failure to comply with EEO/AA rules, regulations, and policy. Whenever a managerial or supervisory employee is found to be in violation of EEO/AA regulations, practices, or policies, appro- priate disciplinary action up to and including dismissal may result. In addition, the Affirmative Action Officer shall be responsible for all employee complaints involving discrimination based on race, sex, or other non-merit factors. DEPARTMENT HEADS Hiring and promotion decisions are the responsibilities of department heads. As appointing authorities, department heads will be held accountable in the meeting of goals for women and minorities. Justification for request to hire a non-minority or a male for a position which is in a job category that is targeted for minorities or women and there are minorities and/or women that are qualified will be required before such a hire may be extended. No such appointment will be made without the prior approval of the City Manager. Page 13 INTERNAL AUDIT SYSTEM The City of Beaumont system for auditing our affirmative action program progress and detecting potential problems is described below. This system involves a number of checks on various personnel actions affecting our Affirmative Action Plan. Data supporting this audit system is obtained by both techniques, monitoring program progress and detecting potential problems. The Personnel Office and the Affirma- tive Action Officer shall contribute to this auditing function; however, the principal responsibility is carried by the Affirmative Action Officer who will provide reports and updates to the City Manager. The auditing actions are: 1. Applicant Flow - For each position advertised, an applicant flow report is compiled indicating the number of applicants and those hired by race, sex, national origin, age, and handicap. This report will be on a monthly basis. 2. Promotion and Transfer Data - This quarterly report will include data that shows the number of employees by race, sex, national origin, age and handicap in each department for each job category who were either promoted or transferred. 3. Terminations - This quarterly report will include data that shows the number of employees by race, sex, national origin, age, and handicap in each department who were terminated, laid-off, retired, or who died. 4. Training Activity - Quarterly reports will also be compiled by each department indicating the number 'of employees by race, sex, national origin, age, and handicap, who apply for and are accepted to participate in training. This data is given by job category, position Page 14 title, and by the type of training offered. A detailed explanation page together with a "sample" copy of each report is attached as Appendices C-F In addition to these reports, an EEO Internal Audit shall be conducted by all departments. Each department shall be required to submit an internal audit report on a quarterly basis. This internal audit shall serve as a method of detecting potential problems in the implementation of the City's Affirmative Action Plan. Attached as Appendix (G) is a "Sample" copy of the Internal Audit Report. UTILIZATION ANALYSIS The utilization analysis for this plan is designed to account for availability of qualified minorities, females, and handicapped individuals in the relevant labor market from which the City normally recruits. In all cases, "avail- ability" for the purposes of determining potential underutilization shall be calculated as the percentage of individuals within the relevant labor market. The utilization analysis shall consist of a report which is divided into the following sections: a. Work force analysis - a detailed race/ethnic count and corresponding percentage by sex of the internal work force as of the beginning of the plan year. (APPENDIX (H) b. Availability percentage - statistical race/ethnic analysis by sex of the external labor market from which employees are recruited for all job groups within the City. (APPENDIX (I) c. Utilization analysis - A determination of which job group, if any, is "underutilized" by comparing the relevant labor market to the internal work force (e.g. , having fewer minorities and/or females in a particular job group than would be expected by their "availability" in the relevant labor market.) (APPENDIX (J) Page 15 A detailed explanation page together with a "sample" copy of each report is attached. C-See.Append,ic.es H, I:: J).: . 11-Und6rutilizationi is defined as having fewer minorities or women in a particular job classification than would reasonably be expected by their "availability." The utilization analysis shall be made on each department within the City on a quarterly basis. Based on these reports, a report will be compiled which will evaluate the progress being made by each department in meeting its goals. CITIZEN REVIEW COMMITTEE The Affirmative Action Committee will serve as a communication link between citizens and management. The main reason for the committee's formation is to serve as an advisory arm to the City .tanager to assist in the achievement of equity in employment opportunities and to remove barriers that have operated in the past to favor some groups over others in the City government work force. The Committee will provide a channel of communication for all citizens to express their concerns, through representative committee members, about equal opportunity and other aspects of Affirmative Action. The overall objective of the Committee is to use the experience gained from these communications to improve existing City policies or to propose new policies which will help improve affirmative action as an integral part of the operation of the City of Beaumont government. Page 16 Committee membership includes five blacks, two whites, two hispanics, , and three females. Committee meetings shall be quarterly. DISSEMINATION OF EEO INFORMATION The Personnel Department shall be responsible for assuring equal employment program understanding by department/division heads, supervisors, and managers. The Personnel Department shall be responsible for equal employment opportunity training given to supervisory level and above personnel. In addition, the Personnel Department will disseminate equal employment opportunity/affirmative action information to all employees. The dissemination of equal employment opportunity/affirmative action policy to the community shall be the responsibility of the City Manager. The Personnel Director shall publicize equal employment opportunity/affirma- tive action policy to organizations within the community whose member- ship includes significant numbers of minorities and women or which represent minorities and women. Continuous contact with such organiza- tions will be maintained by the Personnel Department for assistance in minority/female recruitment and to also aid in maintaining a flow of minority/female applicants for future openings. All organizations contacted will be advised of our Affirmative Action Policy--commitment to meeting minority/female hiring goals. Additional recruiting sources will be cultivated as a part of our outreach recruiting program. Page 17 COMPLAINT PROCEDURE Any employee who feels that he or she has not been afforded equal opportunity for promotion, transfer, or other term or condition of employment may submit a grievance with the assurance of protection from harrassment and retaliation under the provisions of Section 6.4 of the Personnel Policy Manual. In all cases involving complaints of discrimination based on race, sex, or other non-merit factors, the employee shall submit his/her complaint in writing to the Affirmative Action Officer. The Affirmative Action Officer shall be responsible for the initial investigation and shall submit a written report of his/her findings to the Department Director, the Personnel Director, and the employee. If the complaint is not resolved at this step, the employee then has the option of an appeal to the Grievance Committee in accordance with the provisions of Section 6.4 of the Personnel Policy Manual or a direct appeal to the City Manager. The Affirmative Action Officer is responsible for the prompt, fair, and impartial processing of complaints of discrimination and equal employment opportunity counseling. Attached as Appendices (K) and (L) are sample copies of the Discrimination Complaint and Investi- gative Report. Employees have the right to file a charge with the Equal Employment Opportunity Commission, Houston, Texas, Telephone (713) 226-5611. DISCRIMINATION COMPLAINT EMPLOYEE NAME: DATE: DEPARTMENT: DIVISION: JOB TITLE: SUPERVISOR: CAUSE OF DISCRIMINATION: /7 Race /7 Sex /7 Religion /7 National Origin /-7 Other (Specify) DATE DISCRIMINATION OCCURRED: STATEMENT OF FACTS: (Include individual's name who you believe responsible) 69 APPENDIX (K) CALENDAR * Saturday, August 25 - Sheraton 8:30 A.M. - Welcome "Budweiser Blast" soccer team ** Sunday, August 26 - "Little Miss Muffett" Day Care Center; 1498 Elgie & Avenue B Ribbon Cutting Ceremonies (Veronica Smith) * Monday, August 27 - Holiday Inn, 11th Street 8: 15 A.M. - Meeting *** 10:00 A.M. - Palumbo' s; 373 Pearl Ribbon Cutting Ceremonies (Tony Palumbo) Tuesday, August 28 - Council Chambers 1: 15 P.M. - Council Meeting, followed by Work Session 7:00-9:00 P.M. - Entre Computer Center; 229 Dowlen (Oaks Shopping Center) Private party in celebration of opening * MAYOR ** COUNCILMEMBER MOORE *** COUNCILMEMBER WEISBACH CALENDAR Page 2 Thursday, August 30 - Moncla's 12:00 Noon - Wellness Program Educational Session 4:30 P.M. - City Council Chambers CDBG Citizens Advisory Committee Meeting Friday, August 31 - Moncla's 12:00 Noon - Wellness Program Educational Session * MAYOR ** COUNCILMEMBER MOORE *** COUNCILMEN ER WEISBACH