HomeMy WebLinkAboutPACKET MAR 27 1984 I
I
AGENDA
REGULAR SESSION OF THE CITY COUNCIL
MARCH 27, 1984
CITY COUNCIL CHAMBERS
1:15 P.M.
k Invocation.
k Pledge of Allegiance.
Roll call .
* Proclamations.
* Consent Agenda.
Public Hearing - Issuance of bonds for eye clinic and out-patient
surgical center.
1. a. A resolution approving issuance by the Beaumont Health Facilities
Development Corporation of up to $3,330,000 in bonds to finance
an eye clinic for Beaumont Eye Associates.
b. A resolution approving issuance by the Beaumont Health Facilities
Development Corporation of up to $2,500,000 in bonds to finance
the construction of an out-patient surgical center for Southeast
Texas Surgical Center.
Public Hearing - Recommendations for budget allocations for the 1984
Community Development Block Grant Final Statement
of Objectives and Projected Use of Funds.
2. A resolution authorizing the City Manager to submit to the Department
of Housing and Urban Development the 1984 Community Development Block
Grant Final Statement of Objectives and Projected Use of Funds for
$2,070,344.
3. An ordinance reconsidering a request for a zone change from RM-H
(Residential Multiple Family-High Density) to NC (Neighborhood Com-
mercial ) on property at 4312 and 4316 Treadway.
4. An ordinance changing the zoning from RS (Residential Single Family)
to RM-H (Residential Multiple Family-High Density) on property at
the northwest corner of Folsom Drive and Crow Road.
5. An ordinance changing the zoning from GC-MD (General Commercial-
Multiple Dwelling) to LI (Light Industrial ) on property at 1180 South
Fourth Street.
Council Agenda
March 27, 1984
Page 2
6. An ordinance changing the zoning from RS (Residential Single Family)
to LI (Light Industrial ) on property 1,450 feet west of Langham Road,
on the south side of Washington Boulevard.
7. An ordinance issuing a Specific Use Permit to establish a wholesale
packaged meat business and warehouse at 725 Fourth Street.
8. A resolution authorizing the City Manager to execute an amendment to
the City's medical insurance program.
'9. A resolution awarding a contract for the construction of Phase I of
the College Street TIP Project.
10. A resolution authorizing emergency purchase of a generator for the
Civic Center.
11. A resolution authorizing execution of a license agreement with Scott
Olive Baptist Church for use of a portion of the east Ewing Street
right-of-way.
12. A resolution granting permission to conduct the Neches River Air Show
at Beaumont Municipal Airport.
Other business.
Hear citizens.
Recess.
RECONVENE FOR WORK SESSION.
1.
March 23, 1984 a & b
Council Letter 391
Honorable Mayor and
Memebers of City Council
Subject: Eye Clinic and Out-patient Surgical Center
Notices have been given for a public hearing to be held by the City Council
on March 27th concerning the proposed issuance by the Beaumont Health Facili-
ties Development Corporation of up to $2,500,000 in bonds to finance con-
struction of a freestanding, out-patient surgical center for Southeast Texas
Surgical Center, and up to $3,330,000 in bonds to finance an eye clinic for
Beaumont Eye Associates. Federal tax law requires that, even though they
have been approved by the Beaumont Health Facilities Development Corporation,
these projects must be approved by the City Council following a public hear-
ing.
The out-patient surgical center is expected to contain approximately 13,000
square feet and include four operating rooms, expandable to six operating
rooms. The center will provide out-patient surgery at a lower cost than
in-patient surgery. The eye clinic will contain approximately 19,000 square
feet for the practice of opthomology by Beaumont Eye Associates.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
AGE RTE
NO—
RESOLUTION APPROVING THE ISSUANCE OF
BEAUMONT HEALTH FACILITIES DEVELOPMENT CORPORATION
$3 ,330 , 000 HEALTH FACILITY DEVELOPMENT REVENUE BONDS ,
SERIES 1984
(THE EYE CLINIC HEALTH FACILITY)
WHEREAS , by a duly adopted resolution of the City
Council (the "Governing Body") of the City of Beaumont,
Texas (the "Sponsoring Entity") , the Governing Body
authorized and approved the creation of the Beaumont Health
Facilities Development Corporation (the "Corporation") as a
nonprofit corporation under the provisions of the Health
Facilities Development Corporation Act , as amended,
Art. 1528j of Vernon' s Annotated Texas Civil Statutes (the
"Act") ; and
WHEREAS , the Corporation on behalf of the Sponsoring
Entity is empowered to finance certain costs associated with
acquisition, construction, improvement , repair, renovation
and remodeling of certain health facilities in order to
improve the adequacy, cost and accessibility of health care,
research and education within the State of Texas and to
assist in the maintenance of the public health; and
WHEREAS , the definition of "health facility" in the Act
includes any real , - personal or mixed property, or any
interest therein, the financing, refinancing, acquiring ,
providing, constructing, enlarging, remodeling, renovating,
improvement , furnishing or equipping of which is found by
the Board of Directors of the Corporation to be required,
necessary or convenient for health care, research and
education regardless of whether such property is in
existence or is to be provided after the making of such
finding; and
WHEREAS , Southeast Texas Surgical Center (the "User")
has made application for approval of a specific health
facility to be constructed within the boundaries of the
Sponsoring Entity and to consist , among other things , of the
site and facilities described in the Health Facility
Description attached hereto as Exhibit "A" (the "Health
Facility") ; and
WHEREAS , the Corporation desires to sell and to provide
for the issuance and sale of its $3 ,330 , 000 Health
Facility Development Revenue Bonds , Series 1984 (The Eye
Clinic Health Facility) (the "Bonds") by adopting a
__ I
Resolution in a form to be prescribed by the Corporation
(the "Resolution") ; and
WHEREAS , Section 4 . 03 of the Act requires that at least
fourteen (14) days prior to issuance of the Bonds , the
Corporation shall file with the Governing Body of the
Sponsoring Entity a full and complete description of the
Health Facility, including an explanation of the projected
costs of the Health Facility, the necessity for the Health
Facility, and the name of the User; and
WHEREAS , as a prerequisite to the exemption from
federal income tax of interest on obligations issued
pursuant to Section 103 (b) (6) of the Internal Revenue Code
of 1954 , as amended (the "Code") , Section 103 (k) of the Code
provides that such issue may be approved by the applicable
elected representative of the governmental unit on whose
behalf such obligations are issued and by each governmental
jurisdiction over the area in which any facility to be
financed from the proceeds of such issue is located (except
that if more than one governmental unit has jurisdiction
over the entire area in which such facility is located, only
one governmental unit need approve the issue) , only after a
public hearing has been held; and
WHEREAS , the Sponsoring Entity is a "governmental unit"
within the meaning of the Code; and
WHEREAS , as the elected legislative body of the
governmental unit within which the entire Health Facility is
located, the Governing Body is an "applicable elected
representative" of the governmental unit with specific
authority within the meaning of Section 103 (k) of the Code ;
and
WHEREAS , the Health Facility is located entirely within
the geographic jurisdiction of the Sponsoring Entity, thus
necessitating only one public hearing and approval pursuant
to Section 103(k) of the Code; and
WHEREAS , in compliance with Section 103 (k) of the Code
and the Open Meetings Law, as amended, Art. 6252-17 of
Vernon' s Annotated Texas Civil Statutes , notice in writing
of a public hearing to approve issuance of the Bonds has
been published in a newspaper of general circulation in the
Sponsoring Entity on March 3 , 10 , 17 and 24 , 1984 , and
written notice has also been posted continuously at City
Hall since March 23 , 1984 , and pursuant to such notice , the
Governing Body has this day held a public hearing for the
-2-
purpose of considering the authorization and approval of the
proposed Health Facility and the issuance of the Bonds ; and
WHEREAS, this public hearing has been conducted in
order to provide an opportunity for persons with differing
views on both the authorization and issuance of the Bonds
and the location and nature of the Health Facility to be
heard, and in order to comply with Section 103(k) of the
Code and the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BEAUMONT, TEXAS , THAT:
Section 1 . The Governing Body hereby finds and
determines t at the Health Facility proposed by the User
conforms with the overall objectives , authorizations , and
limitations specified in the Act.
Section 2 . The Governing Body finds that the proposed
Health Facility to be financed will significantly contribute
to the fulfillment of the overall development objectives of
the Sponsoring Entity, and that it is in furtherance of the
public purposes of the Act to assist in the maintenance of
the public health.
Section 3 . The Governing Body hereby finds and
determines that the -Corporation has filed and deposited with
the Governing Body all of the information required by
Section 4 . 03 of the Act , and on such basis hereby approves
the Health Facility after having made the determinations and
findings required by the Act.
Section 4 . The issuance of thew Bonds and the form of
Resolution to be adopted by the Corporation, pursuant to
which the Bonds are to be sold and issued, are hereby
approved by the Governing Body on behalf of the Sponsoring
Entity as required by the Act and the Code.
Section 5 . As a part of and within the scope of the
approvals granted herein, the Governing Body hereby finds
and determines that (i) the initial owner and user of the
Health Facility is The Eye Clinic , a Texas general
partnership , (ii) the maximum aggregate face amount of the
Bonds to be issued with respect to the Health Facility is
$3 ,330 , 000 and (iii) the Health Facility Description
attached hereto as Exhibit "A" includes a general,
functional description and a general description of the
location of the Health Facility as required by the Code and
the regulations promulgated thereunder.
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Section 6 . This resolution is adopted for the purpose
of satisfying the conditions and requirements of the Act.
This resolution is also adopted for the purpose of
satisfying the conditions and requirements of Section 103 of
the Code , the regulations promulgated thereunder, and any
requirements for a public hearing and approval by an elected
official or legislature which may be imposed by applicable
law prior to the issuance of the Bonds , and for the benefit
of the Corporation, the Sponsoring Entity, the Governing
Body, and the owners or holders from time to time of the
obligations of the Corporation and all other interested
persons .
Section 7 . The Governing Body hereby finds and
determines that the issuance of the Bonds to finance the
Health Facility will accomplish the specific public purpose
for which the Corporation was created.
Section 8 . The approvals of the Governing Body as set
forth erein shall be applicable only if, as and to the
extent that the Bonds are issued not more than one year from
the date hereof.
Section 9. The Governing Body has considered evidence
of the pub ication and posting of notice of this meeting and
public hearing and officially finds , determines , recites ,
and declares that sufficient written and reasonable public
notice of the date, hour and place of this meeting and
public hearing and of the subject matter of this resolution,
including the general , functional description of the Health
Facility and the general description of its location, was
published in a newspaper of general circulation in the
Sponsoring Entity not less than fourteen (14) days prior to
this meeting and public hearing, and thereafter weekly, and
was also posted on a bulletin board at a place convenient to
the public in the City Hall of the Governmental Unit (within
the meaning of Section 103 of the Code) not less than
seventy-two (72) hours preceding the convening of this
meeting and public hearing; that such place of posting was
readily accessible to the general public at all times from
the time of posting until the convening of such meeting and
public hearing; that such meeting and public hearing were
open to the public as required by law at all times during
which this resolution and the subject matter hereof were
discussed, considered, and formally acted upon; that the
giving of notice in the manner provided above was reasonably
designed to apprise residents of the Sponsoring Entity of
the proposed authorization and issuance of the Bonds and
approval of the Health Facility; that the meeting and public
-4-
hearing were conducted in a manner that provided a
reasonable opportunity for persons with differing views on
the issuance of the Bonds and the nature and location of the
Health Facility to be heard; and that this meeting and
public hearing were held at a time and place convenient for
persons affected by the financing of the Health Facility and
issuance of the Bonds ; and that the foregoing notice and
hearing complied with the Open Meeting Law, as amended,
Art. 6252-17 of Vernon' s Annotated Texas Civil Statutes , and
Section 103 (k) of the Code and the regulations thereunder.
PASSED AND APPROVED this 27th day of March, 1984 .
I
Mayor, City of Beaumont, Texas
Exhibit "A" - Health Facility Description
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EXHIBIT "A"
Health Facility
The Health Facility to be financed with the proceeds of the
Bonds will involve (i) acquisition, construction and
improvement of a free-standing eye clinic for the practice
of ophthalmology which will consist of approximately 23 , 400
square feet , (ii) acquisition of a site for the Health
Facility, and (iii) acquisition, construction and
installation of various items of equipment , facilities and
furnishings which are functionally related and subordinate
to the foregoing.
Site of Health Facility
All or part of those certain tracts or parcels of land
located within an area bounded by Milam Street to the South,
College Street to the North, and Eighth Street to the West ,
in the City of Beaumont , Jefferson County, Texas , and
consisting of two (2) tracts of land more particularly
described as follows , to wit :
TRACT ONE:
BEING a 6 . 00725 acre tract of land (261, 676 square
feet) out of the David Brown Survey, Abstract 5 ,
Beaumont , Jefferson County, Texas , and being
Lots 67 and 68 of the College Acres Addition, plat
of which is recorded in Volume 5 , Page 34 , Map
Records , Jefferson County, Texas , and being out of
the easterly portion of Block 31 of the Columbus
Cartwright Subdivision No. 1 , plat of which is
recorded in Volume 1 , Page 112 , Map Records ,
Jefferson County, Texas , the said 6 . 00725 acre
tract of land being described by metes and bounds
as follows :
BEGINNING at an iron pin which marks the northwest
corner of Lot 67 and the northeast corner of Lot 66
of the said College Acres Addition, the said
Beginning Corner being in the south right of way
line of College Street , and being the northeast
corner of a 11. 79 acre tract of land heretofore
conveyed by Clark-Beaumont Development Company to
the Life Insurance Company of Virginia as recorded
in Volume 1594 , Page 306 , Deed Records , Jefferson
County, Texas ;
THENCE North 89 deg. 51 min. 38 sec. East along the
south right of way line of College Street and along
the north line of Lots 67 and 68 a distance of
200 . 06 feet to an iron pin for corner at the
northeast corner of Lot 68 and the northwest corner
of Lot 69 of said College Acres Addition;
THENCE South 00 deg. 12 min. 26 sec. East along the
common line between Lots 68 and 69 a distance of
350 . 81 feet to an iron pipe for corner at the
Southeast corner of Lot 68 and the southwest corner
of Lot 69 and the north line of Block 31 of the
said Columbus Cartwright Subdivision No. 1;
THENCE North 89 deg. 43 min. 12 sec. East along the
south line of Lot 69 of College Acres Addition and
the north line of Block 31 of the Columbus
Cartwright Subdivision No. 1 a distance of 119 . 20
feet to an iron rod for corner at the northeast
corner of the said Block 31 of the Columbus
Cartwright Subdivision No . 1 and the southeast
corner of Lot 69 of the College Acres Addition in
the west right of way line of a 60 foot wide
unnamed and undeveloped street right of way;
THENCE South 00 deg. 09 min. 51 sec. East along the
east line of Block 31 of the Columbus Cartwright
Subdivision No. 1 and the west line of the said
60 foot street right of way a distance of 467. 38
feet to an iron pipe for corner at the southeast
corner of said Block 31 and the north right of way
line of Milam Street;
THENCE South 89 deg. 54 min. 10 sec . West along the
south line of said Block 31 of the Columbus
Cartwright Subdivision No. 1 and the north right of
way line of Milam Street a distance of 470 . 00 feet
to an iron pipe for corner at the most southerly
southeast corner of the aforementioned Life
Insurance Company of Virginia 11. 79 acre tract of
land;
THENCE North 00 deg. 03 min. 35 sec . West along the
southern portion of the east line of the said 11. 79
acre tract, and along the east face of the K-Mart
Building a distance of 280 . 00 feet to a mark in the
concrete sidewalk near the northeast corner of the
said building at an internal corner in the said
11. 79 acre tract;
-2-
THENCE North 87 deg. 07 min. 58 sec. East continu-
ing along the easterly portion of the south line of
the said 11. 79 acre tract a distance of 151.58 feet
to an iron pipe for corner at a second internal
corner in the east line of the 11. 79 acre tract of
land near the southeast corner of the K-Mart Store
asphalt parking lot;
THENCE North 00 deg. 19 min. 11 sec. West continu-
ing along the northerly portion of the east line of
the said 11 . 79 acre tract of land just east of the
K-Mart Store asphalt parking lot a distance of
530 . 34 feet to the PLACE OF BEGINNING.
TRACT TWO
Being a tract of land out of the David Brown
Survey, Abstract 5 , Beaumont , Jefferson County ,
Texas , and being all or a portion of Lots 65 and 66
of the College Acres Addition , plat of which is
recorded in Volume 5 , Page 34 , Map Records ,
Jefferson County, Texas , and being out of the
easterly portion of Block 31 of the Columbus
Cartwright Subdivision No. 1 , plat of which is
recorded in Volume 1 , Page 112 , Map Records ,
Jefferson County, Texas .
i
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AGE Dj RT
NO-
RESOLUTION APPROVING THE ISSUANCE OF
BEAUMONT HEALTH FACILITIES DEVELOPMENT CORPORATION
$2 ,500 , 000 HEALTH FACILITY DEVELOPMENT REVENUE BONDS ,
SERIES 1984
(SOUTHEAST TEXAS SURGICAL CENTER HEALTH FACILITY)
WHEREAS , by a duly adopted resolution of the City
Council (the "Governing Body" ) of the City of Beaumont ,
Texas (the "Sponsoring Entity") , the Governing Body
authorized and approved the creation of the Beaumont Health
Facilities Development Corporation (the "Corporation") as a
nonprofit corporation under the provisions of the Health
Facilities Development Corporation Act , as amended,
Art. 1528] of Vernon' s Annotated Texas Civil Statutes (the
"Act") ; and
WHEREAS , the Corporation on behalf of the Sponsoring
Entity is empowered to finance certain costs associated with
acquisition, construction, improvement, repair, renovation
and remodeling of certain health facilities in order to
improve the adequacy, cost and accessibility of health care ,
research and education within the State of Texas and to
assist in the maintenance of the public health; and
WHEREAS , the definition of "health facility" in the Act
includes any real , personal or mixed property, or any
interest therein, the financing, refinancing , acquiring,
providing, constructing, enlarging , remodeling, renovating,
improvement , furnishing or equipping of which is found by
the Board of Directors of the Corporation to be required,
necessary or convenient for health care , research and
education regardless of whether such property is in
existence or is to be provided after the making of such
finding; and
WHEREAS , Southeast Texas Surgical Center (the "User")
has made application for approval of a specific health
facility to be constructed within the boundaries of the
Sponsoring Entity and to consist , among other things , of the
site and facilities described in the Health Facility
Description attached hereto as Exhibit "A" (the "Health
Facility") ; and
WHEREAS , the Corporation desires to sell and to provide
for the issuance and sale of its $2 , 500 , 000 Health
Facility Development Revenue Bonds , Series 1984 (Southeast
Texas Surgical Center Health Facility) (the "Bonds") by
adopting a Resolution in a form to be prescribed by the
Corporation (the "Resolution") ; and
WHEREAS, Section 4 . 03 of the Act requires that at least
fourteen (14) days prior to issuance of the Bonds , the
Corporation shall file with the Governing Body of the
Sponsoring Entity a full and complete description of the
Health Facility, including an explanation of the projected
costs of the Health Facility, the necessity for the Health
Facility, and the name of the User; and
I
WHEREAS , as a prerequisite to the exemption from
federal income tax of interest on obligations issued
pursuant to Section 103 (b) (6) of the Internal Revenue Code
of 1954 , as amended (the "Code") , Section 103 (k) of the Code
provides that such issue may be approved by the applicable
elected representative of the governmental unit on whose
behalf such obligations are issued and by each governmental
jurisdiction over the area in which any facility to be
financed from the proceeds of such issue is located (except
that if more than one governmental unit has jurisdiction
over the entire area in which such facility is located, only
one governmental unit need approve the issue) , only after a
public hearing has been held; and
WHEREAS , the Sponsoring Entity is a "governmental unit"
within the meaning of the Code ; and
WHEREAS , as the elected legislative body of the
governmental unit within which the entire Health Facility is
located, the Governing Body is an "applicable elected
representative" of the governmental unit with specific
authority within the meaning of Section 103 (k) of the Code;
and
WHEREAS , the Health Facility is located entirely within
the geographic jurisdiction of the Sponsoring Entity, thus
necessitating only one public hearing and approval pursuant
to Section 103 (k) of the Code; and
WHEREAS , in compliance with Section 103 (k) of the Code
and the Open Meetings Law, as amended, Art. 6252-17 of
Vernon' s Annotated Texas Civil Statutes , notice in writing
of a public hearing to approve issuance of the Bonds has
been published in a newspaper of general circulation in the
Sponsoring Entity on March 3 , 10 , 17 and 24 , 1984 , and
written notice has also been posted continuously at City
Hall since March 23 , 1984 , and pursuant to such notice , the
Governing Body has this day held a public hearing for the
-2-
purpose of considering the authorization and approval of the
proposed Health Facility and the issuance of the Bonds ; and
WHEREAS , this public hearing has been conducted in
order to provide an opportunity for persons with differing
views on both the authorization and issuance of the Bonds
and the location and nature of the Health Facility to be
heard, and in order to comply with Section 103(k) of the
Code and the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BEAUMONT, TEXAS , THAT:
Section 1 . The Governing Body hereby finds and
determines t -at the Health Facility proposed by the User
conforms with the overall objectives , authorizations , and
limitations specified in the Act.
Section 2 . The Governing Body finds that the proposed
Health Facility to be financed will significantly contribute
to the fulfillment of the overall development objectives of
the Sponsoring Entity, and that it is in furtherance of the
public purposes of the Act to assist in the maintenance of
the public health.
Section 3 . The Governing Body hereby finds and
determines t at the Corporation has filed and deposited with
the Governing Body all of the information required by
Section 4 . 03 of the Act , and on such basis hereby approves
the Health Facility after having made the determinations and
findings required by the Act.
Section 4 . The issuance of the Bonds and the form of
Resolution to be adopted by the Corporation, pursuant to
which the Bonds are to be sold and issued, are hereby
approved by the Governing Body on behalf of the Sponsoring
Entity as required by the Act and the Code.
Section 5 . As a part of and within the scope of the
approvals granted herein, the Governing Body hereby finds
and determines that (i) the initial owner and user of the
Health Facility is Southeast Texas Surgical Center, a Texas
general partnership , (ii) the maximum aggregate face amount
of the Bonds to be issued with respect to the Health
Facility is $2 ,500 , 000 and (iii) the Health Facility
Description attached hereto as Exhibit "A" includes a
general , functional description and a general description of
the location of the Health Facility as required by the Code
and the regulations promulgated thereunder.
-3-
Section 6 . This resolution is adopted for the purpose
of satisfying— the conditions and requirements of the Act.
This resolution is also adopted for the purpose of
satisfying the conditions and requirements of Section 103 of
the Code , the regulations promulgated thereunder , and any
requirements for a public hearing and approval by an elected
official or legislature which may be imposed by applicable
law prior to the issuance of the Bonds , and for the benefit
of the Corporation, the Sponsoring Entity, the Governing
Body, and the owners or holders from time to time of the
obligations of the Corporation and all other interested
persons .
Section 7 . The Governing Body hereby finds and
determines t at the issuance of the Bonds to finance the
Health Facility will accomplish the specific public purpose
for which the Corporation was created.
Section 8 . The approvals of the Governing Body as set
forth herein shall be applicable only if, as and to the
extent that the Bonds are issued not more than one year from
the date hereof.
Section 9 . The Governing Body has considered evidence
of the publ tion and posting of notice of this meeting and
public hearing and officially finds , determines , recites ,
and declares that sufficient written and reasonable public
notice of the date , hour and place of this meeting and
public hearing and of the subject matter of this resolution,
including the general , functional description of the Health
Facility and the general description of its location, was
published in a newspaper of general circulation in the
Sponsoring Entity not less than fourteen (14) days prior to
this meeting and public hearing, and thereafter weekly, and
was also posted on a bulletin board at a place convenient to
the public in the City Hall of the Governmental Unit (within
the meaning of Section 103 of the Code) not less than
seventy-two (72) hours preceding the convening of this
meeting and public hearing; that such place of posting was
readily accessible to the general public at all times from
the time of posting until the convening of such meeting and
public hearing; that such meeting and public hearing were
open to the public as required by law at all times during
which this resolution and the subject matter hereof were
discussed, considered, and formally acted upon; that the
giving of notice in the manner provided above was reasonably
designed to apprise residents of the Sponsoring Entity of
the proposed authorization and issuance of the Bonds and
approval of the Health Facility; that the meeting and public
-4-
hearing were conducted in a manner that provided a
reasonable opportunity for persons with differing views on
the issuance of the Bonds and the nature and location of the
Health Facility to be heard; and that this meeting and
public hearing were held at a time and place convenient for
persons affected by the financing of the Health Facility and
issuance of the Bonds ; and that the foregoing notice and
hearing complied with the Open Meeting Law, as amended,
Art. 6252-17 of Vernon' s Annotated Texas Civil Statutes , and
Section 103 (k) of the Code and the regulations thereunder.
PASSED AND APPROVED this 27th day of March, 1984 .
Mayor, City of Beaumont , Texas
Exhibit "A" - Health Facility Description
-5-
EXHIBIT "A"
Health Facility
The Health Facility to be financed with the proceeds of the
Bonds will involve (i) acquisition, construction and
improvement of a free-standing outpatient ambulatory surgery
center which will consist of approximately 12 , 055 square
feet and which will contain 4 operating rooms and an area
for expansion into 2 additional operating rooms , (ii)
acquisition of a site for the Health Facility, and (iii)
acquisition, construction and installation of various items
of equipment, facilities and furnishings which are func-
tionally related and subordinate to the foregoing.
Site of Health Facility
All or part of those certain tracts or parcels of land
located within an area bounded by Milam Street to the South,
College Street to the North, and Eighth Street to the West ,
in the City of Beaumont , Jefferson County, Texas , and
consisting of two (2) tracts of land more particularly
described as follows , to wit:
TRACT ONE:
BEING a 6 . 00725 acre tract of land (261 , 676 square
feet) out of the David Brown Survey, Abstract 5 ,
Beaumont , Jefferson County, Texas , and being
Lots 67 and 68 of the College Acres Addition, plat
of which is recorded in Volume 5 , Page 34 , Map
Records , Jefferson County, Texas , and being out of
the easterly portion of Block 31 of the Columbus
Cartwright Subdivision No. 1 , plat of which is
recorded in Volume 1 , Page 112 , Map Records ,
Jefferson County, Texas , the said 6 . 00725 acre
tract of land being described by metes and bounds
as follows :
BEGINNING at an iron pin which marks the northwest
corner of Lot 67 and the northeast corner of Lot 66
of the said College Acres Addition, the said
Beginning Corner being in the south right of way
line of College Street , and being the northeast
corner of a 11. 79 acre tract of land heretofore
conveyed by Clark-Beaumont Development Company to
the Life Insurance Company of Virginia as recorded
in Volume 1594 , Page 306 , Deed Records , Jefferson
County, Texas ;
THENCE North 89 deg. 51 min. 38 sec. East along the
south right of way line of College Street and along
the north line of Lots 67 and 68 a distance of
200 . 06 feet to an iron pin for corner at the
northeast corner of Lot 68 and the northwest corner
of Lot 69 of said College Acres Addition;
THENCE South 00 deg. 12 min. 26 sec. East along the
common line between Lots 68 and 69 a distance of
350 . 81 feet to an iron pipe for corner at the
Southeast corner of Lot 68 and the southwest corner
of Lot 69 and the north line of Block 31 of the
said Columbus Cartwright Subdivision No. 1;
THENCE North 89 deg. 43 min. 12 sec. East along the
south line of Lot 69 of College Acres Addition and
the north line of Block 31 of the Columbus
Cartwright Subdivision No. 1 a distance of 119 . 20
feet to an iron rod for corner at the northeast
corner of the said Block 31 of the Columbus
Cartwright Subdivision No. 1 and the southeast
corner of Lot 69 of the College Acres Addition in
the west right of way line of a 60 foot wide
unnamed and undeveloped street right of way;
THENCE South 00 deg. 09 min. 51 sec. East along the
east line of Block 31 of the Columbus Cartwright
Subdivision No . 1 and the west line of the said
60 foot street right of way a distance of 467 . 38
feet to an iron pipe for corner at the southeast
corner of said Block 31 and the north right of way
line of Milam Street;
K
THENCE South 89 deg. 54 min. 10 sec. West along the
south line of said Block 31 of the Columbus
Cartwright Subdivision No. 1 and the north right of
way line of Milam Street a distance of 470 . 00 feet
to an iron pipe for corner at the most southerly
southeast corner of the aforementioned Life
Insurance Company of Virginia 11. 79 acre tract of
land;
THENCE North 00 deg . 03 min. 35 sec. West along the
southern portion of the east line of the said 11. 79
acre tract, and along the east face of the K-Mart
Building a distance of 280 . 00 feet to a mark in the
concrete sidewalk near the northeast corner of the
said building at an internal corner in the said
11. 79 acre tract ;
-2-
THENCE North 87 deg. 07 min. 58 sec. East continu-
ing along the easterly portion of the south line of
the said 11. 79 acre tract a distance of 151. 58 feet
to an iron pipe for corner at a second internal
corner in the east line of the 11. 79 acre tract of
land near the southeast corner of the K-Mart Store
asphalt parking lot;
THENCE North 00 deg. 19*min. 11 sec. West continu-
ing along the northerly portion of the east line of
the said 11. 79 acre tract of land just east of the
K-Mart Store asphalt parking lot a distance of
530 . 34 feet to the PLACE OF BEGINNING.
TRACT TWO
Being a tract of land out of the David Brown
Survey, Abstract 5 , Beaumont , Jefferson County ,
Texas , and being all or a portion of Lots 65 and 66
of the College Acres Addition, plat of which is
recorded in Volume 5 , Page 34 , Map Records ,
Jefferson County, Texas , and being out of the
easterly portion of Block 31 of the Columbus
Cartwright Subdivision No. 1 , plat of which is
recorded in Volume 1 , Page 112 , Map Records ,
Jefferson County , Texas .
I
-3-
2.
March 23, 1984
Council Letter 404
Honorable Mayor and
Members of City Council
Subject: Public Hearing and Resolution to Review Recommendations for Budget
Allocations for 1984 Community Development Block Grant Final State-
ment of Objectives and Projected Use of Funds
A public hearing will be held Tuesday on the proposed budget allocations for
the 1984 Community Development Block Grant Final Statement of Objectives and
Projected Use of Funds. The Citizens Advisory Committee voted 11 to 1 in
favor of the budget allocations for the 1984 CDBG Statement. The proposed
allocations by projects are:
Council
Projects Recommendations
Rehab Loans and Grants $ 770,000
Code Enforcement 30,000
Neighborhood Housing Service 70,000
Social Service Facility Rehab 100,000
Historic Preservation Revolving Loan Fund 87,250
Innovative Housing Development
Corporation/Economic Development 154,344
Street Rehabilitation 251,600
Sidewalk Improvements 119,600
Parks Improvements 115,750
Public Services -0-
Fire Department/Smoke Detectors -0-
New Construction of City-Owned Facility 97,000
Neighborhood Housing Service/Administration 30,000
Community Development Block Grant
Administration 154,000
Planning and Management 58,000
Contingencies 32,800
$2,070,344
The CAC amended their recommendation from the original proposal to the above
at their March 22nd meeting.
Council Letter 404
March 23, 1984
Page 2
Staff will be prepared to answer questions or respond to inquires during the
public hearing. All recommended amounts are the same as was discussed in
last week's Work Session. It should be noted that the total of $2,070,344
includes $85,000 in program income from the Housing Rehabilitation Loan Pro-
gram and $184,344 reprogrammed from previous budget years.
It is recommended that Council authorize the submission of the Community
Development Block Grant Fund Statement of Objectives and Projected Use of
Funds to the Department of Housing and Urban Development.
Karl Nollenberger
City Manager
COMMUNITY DEVELOPMENT
BLOCK GRANT
•
• ♦ J
1984 FINAL STATEMENT
OF OBJECTIVES
AND
PROJECTED USE OF FUNDS
B-84-MC-48-0003
COMMUNITY DEVELOPMENT BLOCK GRANT
FINAL STATEMENT OF PROJECTED USE
OF FUNDS FOR 1984 PROGRAM YEAR
SUMMARY SHEET
AMOUNT PRIOR YEAR CAC TOTAL COUNCIL
PROJECTS REQUESTED CARRY OVER RECOMMENDATION ALLOCATION RECOMMENDATION
Rehab Loans & Grants $935,000 $165,000 $770,000 $935,000 $770,000
Code Enforcement 30,000 - 0 - 30,000 30,000 30,000
Neighborhood Housing Service 235,000 - 0 - 100,000 100,000 70,000
Social Service Facility Rehab 185,000 - 0 -
100,000 100,000 100,000 :
Historic Preservation Revolving 911,400 - 0 - 87,250 87,250 87,250
Loan Fund
Innovative Housing Development 500,000 - 0 - 154,344 154,344 154,344
Corporation/Economic Development
Street Rehabilitation 251 ,600 - 0 - 240,000 240,000 251,6Q0
Sidewalk Improvements 119,600 - 0 - 5
114,000 114,000 119,600
Park Improvements 186,300 - 0 - 115,750 115,750 115,750 ! .
Public Services 260,000 - 0 - - 0 - - 0 - _ 0
Fire Department/Smoke Detectors 52,785 - 0 - _ 0 _ _ 0 _ 0
Summary Sheet
Page 2
AMOUNT PRIOR YEAR CAC TOTAL - COUNCIL
PROJECTS REQUESTED CARRY OVER RECOMMENDATION ALLOCATION RECOMMENDATION'
New Construction of City $ 97,395 - 0 - $ 97,000 $ 97,000 $ 97,000
Owned Facility
Neighborhood Housing Service/ 30,000 - 0 -
- 0 - 30,000 30,000
Administration
Community Development Block 200,000 $ 46,000 154,000 200,000 154,000
Grant Administration r
3
Planning & Management 70,000 12,000 58,000 70,000 5$,000
Contingencies 50,000 - 0 - 50,000 50,000 32,800 '
TOTAL $4,084,080 $223,000 $2,070,344 $2,293,344 $2,070,344
NOTE: Funds available include 1984 CDBG Entitlement Grant $1,801,000,
$85,000 program income from the Housing Rehabilitation Loan
Program and $184,344 reprogrammed funds from previous program
years ( 1980-83) .
PROPOSED PROJECTS
1984 CDBG STATEMENT
PROJECTS COUNCIL APPROVED
PROJECT PROPOSED & DESCRIPTION FUNDING
The following projects are proposed:
Rehabilitation A. Rehabilitation Loans - Funds will ;$770,000
Loan & Grant be used for ongoing residential
Program rehabilitation. Funds to provide
for approximately 50 rehab loans
at $15,000 per loan.
B. Rehabilitation Administration -
Funds will be used for support
staff of the rehab program for
one year. Administration costs
will not exceed 15% of the entire
rehab budget.
C. Rehabilitation Grants - In addition,
$100,000 is requested for the purpose
of making rehab grants to assist
persons who do not qualify for a
rehab loan because the cost of the
renovations exceed the loan limits.
The amenities having the most severe
affect to the occupant:<s health, safety,
or general welfare will receive priority.
The maximum grant amount will be $10,000.
D. Also, approximately $99,000 will be
available for the Section 312 Program,
which includes Single Family,
Multi-family, and Non-residential
Commercial rehabilitation is eligible.
Code,
Enforcement Funds are proposed to support staff involved $ 30,000
in enforcing the minimum housing code in the
Community Development Strategy Area.
Neighborhood
Housing Service The purpose of this project is to allocate $ '70 000
(NHS) funds to support a revolving loan fund for
the NHS Neighborhood. The NHS revolving
loan fund will make loans to residents
within the neighborhood who can' t meet normal
commercial credit requirements , and approx-
mately 8 loans will be made out of these funds.
Proposed Projects
1984 CDBG Statements
Page 2
COUNCIL APPROVED
PROJECTS PROJECT PROPOSED & DESCRIPTION FUNDING
Social Service To provide grants to social service $100,000
Facility Rehab agencies that serve low and moderate
income persons and families , to
enable them to rehabilitate their
facility. Agencies will be requested
to provide proposals for rehabilitation
projects to the City. Those that meet
all criteria will be selected by City
Council . Agencies participating must
be non-profit corporations , serve
primarily low and moderate income
people, show evidence that they can 't
get funding elsewhere and have long
range plans to maintain the facility
after it is rehabilitated.
Historic
Preservation
Loans or Grants ' To provide funds for loans or grants as a $ 87,250
means to maintain Beaumont's past and
cultural heritage by rehabilitation of
historic properties. National Register
properties, historic properties
included in Beaumont's Downtown Commercial
Historic District and Historic Cultural
District designation are eligible properties
Proposals for projects will be requested
by the City, administered by the Beaumont
Historical Landmark Commission. Those properties
that meet all criteria will be selected
by City Council .
E 1nomi c
Development
Activities The funds will be used for construction $154,344' -
of new housing units. The funds will be
used to enable up to 12 families with low
or moderate income to have an opportunity
to own their own homes. The Community
Development funds will be used to buy
down interest rates or any other eligible
subsidy assistance. Up to 6 units are
proposed to be built in the Community
Development Strategy Area and up to $15,000
per unit will be used for those structures
that are built in the strategy area.
Another 6 units are proposed to be built
outside of the Community Development
Proposed Projects
1984 CDBG Statements
Page 3
COUNCIL APPROVED
PROJECTS PROJECTS PROPOSED & DESCRIPTION FUNDING
Strategy Area. Up to $9,500 will be
used for each unit that is built
outside of the strategy area. In
addition, for every unit built outside
of the strategy area the developer or
contractor must build a unit inside
the Community Development Strategy Area.
The Innovative Housing Development
Corporation,
a non-private, non-profit
P p
non-
corporation incorporated in the State
of Texas , will administer the program.
Street
Improvements Funds to be used to re-surface the most $2511600 '
deteriorated streets in the CDBG Strategy
Area, Cost include construction, 1 for
testing, and engineering.
Sidewalk
Improvements Funds to be used to install new, concrete $119,600 '
sidewalks, at four locations, primarily
servina school children in the CDBG Strategy
Area. Cost include construction, 1°' for
testing, and engineering.
Park
Improvements
Low/Moderate The funds will be used for park improvements $115,750
Income Area in the Community Development Strategy Area
at the following locations :
Sprott Park
Improvements include landscaping, grading, and
installation of topsoil .
Carroll Street Park
Improvements include landscaping, grading,
installation of topsoil , a new drinking
fountain and a new roof on the community center.
Proposed Projects
1984 CDBG Statements
Page 4
COUNCIL APPROVED
PROJECTS PROJECTS PROPOSED & DESCRIPTION FUNDING
New Construction Funds to be used for new construction $ ;97,000
of City Owned of an additional wing onto the Beaumont
Facility Health Clinic. The new wing would
result in additional office space which
would allow for other Public Services
to the indigent, such as nutritional and
educational services to woman, infants,
and children.
Nei( hborhood Housing The Neighborhood Housing Service of
Services/ Beaumont is a private, locally controlled,
Administration non-profit corporation. This program
will offer comprehensive rehabilitation
and financial services to community residents.
The revolving loan fund will make loans to
residents within the targeted neighborhood
who can ' t meet commercial credit requirements.
The funds will be used to support the
administrative cost which will include
contractural services, such as audits , and
legal fees; rental , utilities, office furniture,
equipment, supplies, and travel expenses. Also,
these funds will provide for salaries and benefits
for an administrative aide and a secretary.
"s
Administration Funds will provide for ongoing general $154 DOp
program administration, which includes
maintaining financial records and
program files, preparing statements,
all necessary reports , audits, coordinating
all activities funded under CDBG; also
provides for salaries, benefits , and
operating expenses for three planners ,
a secretary, and an accountant.
Proposed Projects
1584 CDBG Statements
Page 5
PROJECTS PROJECTS PROPOSED & DESCRIPTION COUNCIL APPROVED
FUNDING
Planning &
Management _ 1) Funds to be used for salaries and benefits
for the continued employment of a neigh- 58,000
borhood planner. The neighborhood planner 's
responsibilities will be to continue
i
to
ue
producing neighborhood conservation and
redevelopment plans for the Community
Development Strategy Area.
2) Funds to be used for a market study analysis
of the downtown area.
3) Funds to be used to continue professional
services to provide project financial
packaging for the downtown area. The
services will be provided on a per diem
basis.
Contingences It has been staff's experience in the past that
additional monies are needed for public work
projects due to the fact that the requests are
cost estimates prior to receiving bids for the
construction phase.
CERTIFICATIONS
The grantee certifies that:
(a) It possesses legal authority to make a grant submission and to execute a
community development and housing program;
(b) Its governing body has duly adopted or passed as an official act a resolution,
motion or similar action authorizing the person identified as the official
representative of the grantee to submit the final statement and all
understandings and assurances contained therein, and directing and authorizing
the person identified as the official representative of the grantee to act in
connection with the submission of the final statement and to provide such
additional information as may be required;
(c) Prior to submission of its final statement to HUD, the grantee has:
(1) met the citizen participation requirements of S 570.301(a)(2) and has
provided citizens with:
(A) the estimate of the amount of CDBG funds proposed to be used
for activities that will benefit persons of low and moderate
income; and
(B) its plan for minimizing displacement of persons as a result of
activities assisted with CDBG funds and to assist persons actually
displaced as a result of such activities;
(2) prepared its final statement of community development objectives and
projected use of funds in accordance with S 570.301(aX3) and made the
final statement available to the public;
(d) The grant will be conducted and administered in compliance with:
(1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d
et seq.); and
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601
et seq.?,
(e) It will affirmatively further fair housing;
February 1984
M It has developed its final statement of projected use of funds so as to give
maximum feasible priority to activities which benefit low and moderate income
families or aid in the prevention or elimination of slums or blight; (the final
statement of projected use of funds may also include activities which the
grantee certifies are designee to meet other community development needs
having a particular urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community, and other financial
resources are not available); except that the aggregate use of CDBG funds
received under section 106 of the Act and, if applicable, under section 108 of the
Act, during (a period specified by the grantee consisting of 1, 2,
or 3 program years), -shall principally benefit persons of low and moderate
income in a manner that ensures that not less than 51 percent of such funds are
used for activities that benefit such persons during such period;
(g) It has developed a community development plan, for the period specified in
paragraph (f) above, that identifies community development and housing needs
and specifies both short and long-term community development objectives that
have been developed in accordance with the primary objective and requirements
of the Act;
(h) It is following a current housing assistance plan which has been approved by HUD
pursuant to 5 570.306;
(i) It will not attempt to recover any capital costs of public improvements assisted
in whole or in part with funds provided under section 106 of the Act or with
amounts resulting from a guarantee under section 108 of the Act by assessing
any amount against properties owned and occupied by persons of low and
moderate income, including any fee charged or assessment made as a condition
of obtaining access to such public improvements, unless: (1) funds received
under section 106 of the Act are used to pay the proportion of such fee or
assessment that relates to the capital costs of such public improvements that are
financed from revenue sources other than under Title I the Act; or (2) for
purposes of assessing any amount against properties owned and occupied by
persons of low and moderate income who are not persons of low income, the
grantee certifies to the Secretary that it lacks sufficient funds received under
section 106 of the Act to comply with the requirements of subparagraph (1); and
(j) It will comply with the other provisions of the Act and with other applicable
laws.
- 2 -
AGENDA ff T%W
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to
submit the 1984 CDBG Final Statement of Objectives and Projected Use
of Funds in the amount of $2 ,070,344, substantially in the form
attached hereto as Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
Mayor -
3.
March 23, 1984
Council Letter 398
Honorable Mayor and
Members of City Council
Subject: Reconsideration of Zone Change at 4312 and 4316 Treadway
On March 13th, the City Council considered a request by Ms. Frances Shackel-
ford to rezone property located at 4312 and 4316 Treadway from RM-H (Resi-
dential Multiple Family-High Density) to NC (Neighborhood Commercial ) to
correct an existing zoning violation on the premises (see attached Council
Letter Number 339) . Subsequent to the Planning Commission's consideration
of this item and its recommendation to deny the request, the applicant re-
quested the deletion of the easternmost lot (4316 Treadway) from the re-
quest for rezoning to NC. The City Council referred the matter back to the
Planning Commission for additional review in light of the request.
The Planning Commission discussed the issue at their March 19th meeting.
A motion to recommend approval of the amended request died for lack of a
second. Therefore, the Commission reaffirmed its original vote of 5 to 0
to recommend denial of the request. In effect, the Commission has again
submitted to you for consideration, its original action on the subject mat-
ter.
It is recommended that this request be denied.
�L t,�a, -.
Karl Nollenberger
City Manager
February 21, 1984 3.
Council Letter 339
Honorable Mayor and
Members of City Council
Subject: Request for zone change from RM-H to NC on property located
at 4312 and 4316 Treadway.
GENERAL INFORi+iATION
Applicant � � �—�
Frances Shackelford
Status of Applicant
property owner
Requested Action zone change from RI•i-H (Resi-
dential Multiple Family - High
Density) to NC (Neighborhood
Commercial)
Representative Uses in NC general merchandise stores,
food stores , drug stores,
fuel dealers , banks , real
estate offices, washaterias ,
beauty and barber shops , doctor
and dentist offices , day care
centers
Purpose correct existing zoning viola-
tion
Existing Zoning RM-H
Location 4312 and 4316 Treadway
Size 100 x 150 , 0. 344 acre
Existing Land Use residence on west lot , sewing
shop on east lot
Surrounding Zoning and Land Use north
- (across Treadway) R-3 ,
medical clinic
east - RS, single family
south - R-3 and RS , vacant
west - R-; , single family
Physical Features
two residential lots ;
frontay` of combined
IC0 feet
Cer„rnrehensive Plan Activity Corridor
SPECIAL INFORMATION
Public Utilities Sanitary Sewer: 21 inch line
Storm Drainage: open ditch to
Eastex Freeway
Water: 8 inch line
Streets Treadway is designated as a
local residential street and
has a 60-foot right-of-way
and 18-foot pavement.
Fire Protection Station #4 , Gladys and Lucas
ANALYSIS
Applicant has begun a sewing shop and retail sewing machine
sales in a converted residence which was previously granted a
specific use permit for a beauty shop.
The existing RM-H district complies with land use principles
which state that the intensity of districts should transition in
intensity as the distance from a major arterial increases.
- Due to the existing R-3 zone, the staff examined the surrounding
land uses at the Treadway/Eastex frontage road intersection,
only those properties having direct access to the Eastex frontage
road would be considered for retail or commercial zoning. This
would exclude the subject property since it is 102 feet east
and does not have this access.
Treadway, a local residential street, has an 18-foot pavement.
The request is not in compliance with the comprehensive plan.
STAFF RECOMMENDATION
Staff recommends denial of the request for NC based on: -
the existing RM-H district complies with land use principles
which state that intensity of districts should transition in-
intensity as the distance from a major arterial increases ;
the applicant has begun a sewing shop and retail sewing machine
sales in a converted residence which was previously granted a
specific use permit for a beauty shop; and
the request is not in compliance with the comprehensive plan .
PLANNING CO,',1MISSION RECO_-4EINDATION
The Planning Commission recommended denial of the request by a vote
of 5 to 0 .
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 13
Responses in Favor of Request 1
Responses Opposed to Request 7 .
a petition with 16
signatures was also sub-
mitted ; 3 of the signatures
represented property owners
within 200 feet which con-
stitutes 70 of the land
area
It is recommended that this request be denied.
42,s rU".
Karl Nollenberger
City Manager
cc: Sherell J. Cockrell, Planning Director
r
l
I FILE 910-Z. REQUEST FOR A ZONE
i
CHANGE OM RM-N to NC ON PRO P'
PE i
DESCRIBED AS TRACTS 149,150, CI'
TAX PLAT D-2, LOCATED 4312 & 431
TREADWAY.
T ry . FRANCES SHACKELFORD
� S
D n
� s
1/2n
ale
eo*% - L7
\ j
1
J ' � O
a
A
Y( r
• � � � r O
AGENDA UEFff
NO
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30
OF ThE CODE OF ORDINANCES OF BEAUMONT,
TEXAS, AND IN PARTICULAR THE BOUNDARIES OF
THE ZONING DISTRICTS AS INDICATED UPON THE
ZONING MAP OF' BEAUMONT, TEXAS, BY CHANGING
THE ZONING FROM RM-H ( RESIDENTIAL MULTIPLE
FAMILY - HIGH DENSITY) DISTRICT TO NC
( NEIGHBORHOOD COMMERCIAL) DISTRICT ON
PROPERTY LOCATED AT 4312 AND 4316
TREADWAY ; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A
PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
THAT Chapter 30 of the Code of Ordinances of Beaumont,
Texas, and in particular the boundaries of the zoning districts as
indicated upon the Zoning Map of the City of Beaumont, referred to
in Section 30-5B thereof , is hereby amended by changing the zoning
classification from RM-H ( Residential Multiple Family - High
Density) District to NC ( Neighborhood Commercial) District on
property located at 4312 and 4316 Treadway, as shown on Exhibit "A"
attached hereto and made a part hereof for all purposes, and the
official zoning map of the City of Beaumont is hereby amended to
reflect such changes.
Section 2 .
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
Section 3 .
That if any section, subsection, sentence, clause or
phrase of this ordinance, or the application of same to a
particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not atfect the
remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be
severable.
Section 4 .
That all ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only .
Section 5 .
That any person who violates any provision of this
ordinance shall, upon conviction, be punished as provided in
Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont
this the day of 1984.
Mayor -
2 -
March 21, 1984 4.
Council Letter 392
Honorable Mayor and
Members of City Council
Subject: Request for zone change from RS to RM-H on property
located in the 4800-4900 Blocks of Folsom
GENERAL INFORMATION
Applicant Jack Mahler
Stratus of Applicant property owner
Requested Action zone change from RS to RM-H
(Residential Multiple Family -
High Density)
Representative Uses in RM-H single family dwellings, two-
family dwellings , multi-family
dwellings, cluster housing,
home occupations
Purpose applicant has submitted site
plan showing proposed apartments
Existing Zoning RS (Residential Single Family)
Location 4800-4900 Blocks of Folsom
Size 2 . 11 acres
Existing Land Use partially vacant, applicant' s
residence plus one additional
residence
Surrounding Zoning and Land Use north - RM-H, townhouses
east - (across Crow) RS, single
family
south - (across Folsom) RS,
single family
west - RS, single family resi-
dence
Physical Features site has 392 feet of frontage on
Folsom, 205 feet of frontage on
Crow
Comprehensive Plan Stable Area
Page 2
PUBLIC FACILITIES
:Public Utilities and Streets
SANITARY ROW/
WATER SEWER PAVEMENT
Folsom 12" 21" 60/44
Crow 12" 15" 60/40
Fire Protection Station #4 , Gladys and Lucas
ANALYSIS
-- Site is located at the intersection of a major arterial and
residential collector.
-- Utilities are adequate for the proposed use.
-- Subject site is consistent with land use principles which state
that high density residential development should occur along major
arterials.
- Subject site is bordered by RM-H zoning on its northern property
line.
Abutting RS-zoned lot on western property line will transition
along its rear property line.
- Development of the subject tract will require insallation of a
10-foot landscaped buffer and 8-foot privacy fence on the western
boundary.
The request is in accordance with the comprehensive plan.
PLANNING DEPARTMENT RECOMMENDATION
Staff recommends approval of the request based on:
- site is consist with land use principles which state that high
density residential development should occur along major arterials;
- utilities are adequate for proposed use; and
- request is in accordance with comprehensive plan.
Page 3
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended denial of the request by a
vote of 4 to 0.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed. to Property Owners 24
Responses in Favor of Request 0
Responses Opposed to Request 13; this constitutes
17% of the property
within 200 feet of the
request
The City Manager recommends denial of the request due to the single family
neighborhood and condition of the arterial street.
Karl Nollenberger
City Manager
11�
cC: Sherell J. Cockrell, Planning Director
, j FILE 914-Z. REQUEST FOR ZONE CHANGE
FROM RS 7URM-H ON PROPERTY LOCATE
NORTHWEST CORNER OF FOLSOM ROAD ANC
CROW ROAD.
� _ t
s�=.�"` • , PPLICANT: JACK MAHLER
1/200
i w � R ` •
C 67 . i •+ ' o � fit\ I I I _ -- .-_ MI
I M a � r �
RM
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Ir --I?'it
• ' ♦ d t OR I♦-♦ e
40' 10
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60 A
FOLSOM,
o s• fOL3101/ a, J ,+e 2' eo
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10 • I • • • / \/� I • I i o S
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Ala—L
lEND r ITEM NO
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30
OF THE CODE OF ORDINANCES OF BEAUMONT,
TEXAS, AND IN PARTICULAR THE BOUNDARIES OF
THE ZONING DISTRICTS AS INDICATED UPON THE
ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING
THE ZONING FROM RS (RESIDENTIAL SINGLE
FAMILY) DISTRICT TO RM-H ( RESIDENTIAL
MULTIPLE FAMILY-HIGH DENSITY) DISTRICT ON
PROPERTY LOCATED ON THE NORTHWEST CORNER
OF FOLSOM ROAD AND CROW ROAD; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
THAT Chapter 30 of the Code of Ordinances of Beaumont,
Texas, and in particular the boundaries of the zoning districts as
indicated upon the Zoning Map of the City of Beaumont, referred to
in Section 30-5B thereof , is hereby amended by changing the zoning
classification from RS ( Residential Single Family) District to RM-H
( :Residential Multiple Family - High Density on property located on
the northwest corner of Folsom Road and Crow Road, as shown on
Exhibit "A" attached hereto and made a part hereof for all
purposes, and the official zoning map of the City of Beaumont is
hereby amended to reflect such changes.
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
Section 3 .
That if any section, subsection, sentence, clause or
phrase of this ordinance, or the application of same to a
particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the
remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be
severable.
Section 4 .
That all ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
Section 5 .
That any person who violates any provision of this
ordinance shall, upon conviction, be punished as provided in
Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont
this the day of 1984.
Mayor -
2 -
March 21 , 1984 5.
Council Letter 393
Honorable Mayor and
Members of City Council
Subject: Request for zone change from GC-MD to LI on property
located at 1180 South Fourth Street.
GENERAL INFORMATION
Applicant Jef C. Russell , Jr.
Status of Applicant property owner
Requested Action zone change from GC-MD to LI
(Light Industrial)
Representative Uses in LI veterinary services , landscape/
horticultural services , con-
struction special trade con-
tractors, dairy products, lumber
and other building trades
Purpose owner will lease to an auto
electroplating business
Existing Zoning GC-MD (General Commercial -
Multiple Dwelling)
Location 1180 South Fourth Street
Size 150 x 200, 0. 68 acres
Existing Land Use vacant commercial building
Surrounding Zoning and Land Use north - GC-MD, air conditioning
contractor
east - (across 4th) GC-MD,
lumber yard
south - GC-MD, vacant tract
west - LI, vacant
Physical Features subject property is zoned GC-11D
for 150 feet; remainder is LI
Comprehensive Plan Conservation & Revitalization
Page 2
PUBLIC FACILITIES
Public Utilities Sanitary Sewer: 6-inch line
between 4th and Quincy
Storm Drainage: 30-inch line
Water: 8-inch line
Streets Fourth Street is designated as
a major arterial and has a 60-
foot right-of-way and 36-foot
pavement.
Fire Protection Station #10 , 3855 Washington
Boulevard
ANALYSIS
- The request is contrary to land use principles which dictate that
the intensity of land uses should transition as the distance from
major arterials increases and should not originate in mid-block.
- A granted zone change would create a transition at front lot
lines. This condition maximizes incompatibility for adjacent uses .
- Existing zoning pattern from 1955 created a 150-foot "strip" zone
of GC-MD zoning on 4th Street.
- Existing LI is contrary to developed land uses in the surrounding
blocks.
- Surrounding land uses are not of a manufacturing category and,
in fact, several are service-oriented retail uses (e.g. car re-
pair, lumber yard, furniture store) .
- If granted, a change to LI would allow a more intensive land use
than those which exist, will grant a use of the property to the
applicant while not affording the same privilege to surrounding
land owners and will be contrary to the comprehensive plan. These
elements constitute spot zoning.
PLANNING DEPARTMENT RECOMMENDATION
Staff recommends denial of the request based on:
the request is contrary to land use principles stating that land
use intensities should transition away from major arterials and
not originate or increase in mid-block;
surrounding uses are not of a manufacturing category; and
request constitutes spot zoning.
Page 3
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended denial of the request by a
vote of 4 to 3.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 5
Responses in Favor of Request 0
Responses Opposed to Request 0
The City Manager recommends denial of this request.
Karl Nollenberger
City Manager
I
Cc: Sherell J. Cockrell, Planning Director
/ - — -- FILE 913-Z. REQUEST FOR ZONE CHANC_
' 1 FROM 7—Jif"O LI ON PROPERTY LorAT-
8 t , AT 1180 SOUTH FOURTH STREET.
APPLICANT: JEF C. RUSSELL , JR .
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NO
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30
OF THE CODE OF ORDINANCES OF BEAUMONT,
TEXAS, AND IN PARTICULAR THE BOUNDARIES OF
THE ZONING DISTRICTS AS INDICATED UPON THE
ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING
THE ZONING FROM GC-MD (GENERAL COMMERCIAL-
MULTIPLE DWELLING) DISTRICT TO LI ( LIGHT
INDUSTRIAL) DISTRICT ON PROPERTY LOCATED
AT 1180 SOUTH FOURTH STREET; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
THAT Chapter 30 of the Code of Ordinances of Beaumont,
Texas, and in particular the boundaries of the zoning districts as
indicated upon the Zoning Map of the City of Beaumont, referred to
in Section 30-5B thereof, is hereby amended by changing the zoning
classification from GC-MD (General Commercial - Multiple Dwelling)
District to LI ( Light Industrial) District on property located at
1180 South Fourth Street, as shown on Exhibit "A" attached hereto
and made a part hereof for all purposes, and the otficial zoning
map of the City of Beaumont is hereby amended to reflect such
changes.
Section 2 .
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
Section 3 .
That if any section, subsection, sentence, clause or
phrase of this ordinance, or the application of same to a
particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the
remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be
severable.
Section 4 .
That all ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
Section 5 .
That any person who violates any provision of this
ordinance shall, upon conviction, be punished as provided in
Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont
this the day of 1984.
- Mayor -
2 -
March 21, 1984
6.
Council Letter 394
Honorable Mayor and
Members of City Council
i
Subject: Request for zone change from RS to LI n
7 q 9 o property located
in the 6800-6900 Blocks of Washington Boulevard.
GENERAL INFORMATION
Applicant J. C. Chance
Status of Applicant property owner
Requested Action zone change from RS to LI (Light
Industrial)
Representative Uses in LI veterinary services land-
scaping services, oil and gas
extraction , building construc-
tion contractors , metalworking
machinery and equipment, con-
crete, gypsum, and plastic
product manufacturers
Purpose pending sale for development
as trucking company
Existing Zoning RS "(Residential Single Family)
Location 6800-6900 Block of Washington
Boulevard
Size 24 .09 acres
Existing Land Use vacant
Surrounding Zoning and Land Use north - (across Washington) RS,
vacant
east - RS, trucking company
south - RS, vacant
west - RS, vacant
Physical Features L-shaped tract; north/south
depth is 1381 feet; east/west
(south property line) is 1207
feet
Comprehensive Plan Industrial
Page 2
PUBLIC FACILITIES
Public Utilities Sanitary Sewer: 18-inch line
Storm Drainage: storm sewer in
Washington
Water: 16-inch line
Streets Washington Boulevard is desig-
nated as a major arterial and
has a 60-foot right-of-way and
20-foot pavement.
Fire Protection Station #10 , 3855 Washington
ANALYSIS
•- The Washington Boulevard/Dowlen Road intersection w ill occur on
the northwest corner of the subject tract. All future land use
east to Interstate 10 is proposed for industrial .
-- Existing utilities are appropriate for future industrial develop-
ment.
-• The request is consistent with land use principles which state
that industrial development should locate at the intersections
of major thoroughfares with proximate access to major highways
or rail lines.
- The request is consistent with the comprehensive plan.
PLANNING 'DEPARTMENT RECOMMENDATION Nt
Staff recommends approval of the request based on:
request is consistent with land use principles stating that
industrial development should be located at the intersections of
major thoroughfares with proximate access to major highways or
tail lines;
request is consistent with the comprehensive plan; and
existing utilities are appropriate for future industrial develop-
ment.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 5 to 0 .
I
Page 3
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 4
Responses in Favor of Request 2
Responses Opposed to Request p
The City Manager recommends approval of this request.
I�c9x.k JL�c��
r
Karl Nollenberger
City Manager
cc: Sherell J. Cockrell, Planning Director
\ FILE 915-Z. REQUEST FOR ZONE CHANGE
FROM RS LI OR A MORE RESTRICTIVE
DISTRICT LOCATED 1450 FEET WEST OF
LANGHAM ROAD ON THE SOUTH SIDE OF
WASHINGTON BLVD.
APPLICANT: J. C. CHANCE
n
RS
WASHINGTON BLVD. 1460' --y- C—m
TO LANGHAM ROAD
601.94'
N subject T H
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NO.GIMA-
N 1
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30
OF THE CODE OF ORDINANCES OF BEAUMONT,
TEXAS, AND IN PARTICULAR THE BOUNDARIES OF
THE ZONING DISTRICTS AS INDICATED UPON THE
ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING
THE ZONING FROM RS ( RESIDENTIAL SINGLE
FAMILY) DISTRICT TO L I ( LIGHT INDUSTRIAL)
DISTRICT ON PROPERTY LOCATED 1450 FEET
WEST OF LANGHAM ROAD ON THE SOUTH SIDE OF
WASHINGTON BLVD. ; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT :
Section 1 .
THAT Chapter 30 of the Code of Ordinances of Beaumont,
Texas, and in particular the boundaries of the zoning districts as
indicated upon the Zoning Map of the City of Beaumont, referred to
in Section 30-5B thereof , is hereby amended by changing the zoning
classification from RS (Residential Single Family) District to LI
( Light Industrial) District on property located 1450 feet west of
Langham Road on the south side of Washington Boulevard, as shown on
Exhibit "A" attached hereto and made a part hereof for all
purposes, and the official zoning map of the City of Beaumont is
hereby amended to reflect such changes.
Section 2 .
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause or
phrase of this ordinance, or the application of same to a
particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the
remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be
severable.
Section 4 .
That all ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
Section 5 .
That any person who violates any provision of this
ordinance shall, upon conviction, be punished as provided in
Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont
this the day of 1984.
Mayor -
2 -
March 21, 1984 7•
Council Letter 395
Honorable Mayor and-
Members of City Council
Subject: Request for specific use permit to establish a wholesale
packaged meats business and warehouse in a GC-MD district
located at 725 Fourth Street.
GENERAL INFORMATION
Applicant Tom Adams
Status of Applicant agent for SETCO General
Contractors
Requested Action specific use permit to establish
a wholesale packaged meats
business and warehouse
Existing Zoning GC-MD (General Commercial -
Multiple Dwelling)
Location 725 Fourth Street
Size 0. 87 acre
Existing Land Use vacapt
Surrounding Zoning and Land Use north - (across Forsythe) GC-MD,
veterinary clinic
east and south - Santa Fe Rail-
road
west - (across 4th) municipal
senior citizens center
Physical Features site has access to two streets
Comprehensive Plan Conservation & Revitalization
PUBLIC FACILITIES
Public Utilities Sanitary Sewer: 6 inch
Storm Drainage: 18-inch storm
sewer
Water: 8 inch line
Page 2
PUBLIC FACILITIES (cont'd)
Streets Fourth Street is designated
as a major arterial and has
a 60-foot right-of-way and
36-foot pavement.
Fire Protection Station $10 , 3855 Washington
ANALYSIS
[See Specific Use Permit Review.
PLANNING DEPARTMENT RECOMMENDATION
Based on the applicant's compliance with the eight conditions
necessary for specific use permit approval, the staff recommends
approval of the request.
PLANNING COMMISSION RECOMMENDATION
EThe Planning Commission recommended approval of the request by a
te of 6 to 0 .
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 16
Responses in Favor of Request 0
Responses Opposed to Request 0
The City Manager recommends approval of this request.
Karl Nollenberger
City Manager
cc;: Sherell J. Cockrell, Planning Director
SPECIFIC USE PERMIT REVIEW
ORDINANCE REOUIREMENTS PROPOSAL
1. Description of processes and------------wholesale packaged meats
activities. distributor;
Mon. -Fri. , 6 a.m. - 4 p.m.
Saturday, 6 a.m. - 12 noon;
4 employees
2. Boundaries of area covered by site ------Block 28 , Lots 1-6 , 14-16 ,
plan with dimensions. Cartwright Terrace Addition;
0. 87 acre
3. Existing and proposed building existing: 45 x 80, 20 x 42
locations with: proposed: 50 x 60
- number of stories; ------------------- one
- height; ------------------------------ 12 feet
- gross floor area; -------------------- total for 2 bldgs: 6600 s
S.
- entrances and exits. ----------------- from 4th and Forsythe
4 . Existing drainage locations and --------- to open ditch in Forsythe
direction of flow. and to storm sewer in Fourth
Street
5. Proposed landscaping and screening ------
buffers. no requirement
6• Location and dimensions of:
- curb cuts (existing and proposed);---- 3 existing at 15 ' each
- public and private streets , showing --Fourth: 60 ' right-of-way
rights-of-way widths; Forsythe: 60 ' right-of-way
- parking--------------'fir---------------5 spaces
- pedestrian walks; -------------------- 4 ' sidewalk at entrance to
new building
-- exterior lighting; -------------------one security light on each
- trash storage locations; building
------------- 7 x 9 dumpster
- loading areas-------------------------25 x 25
7. Fences or screening provisions ----------existing security fence sur
showing location, type and height. rounding property to remain
8. Sign height, location and dimensions.----existing sign: 10 x 6 ;
26 feet in height
CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if
all of the fol lowing conditions have been found:
1) That the specific use will be compatible with and not injurious to the
use and enjoyment of other property, nor significantly diminish or
impair property values within the immediate vicinity;
Proposed site abuts railroad right—of—way and sits alone on
the block. It is compatible in intensity to commercial
use across Forsythe and will not affect property value.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
Applicant ' s site is bordered by a railroad and two streets.
All surrounding property is developed.
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
All existing utilities and drainage are adequate for service
to proposed use.
4) The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian
traffic without adversely affecting the general public or adjacent
developments;
Transportation Department has approved parking and loading
plan.
5) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes, dust, noise and vibration;
Proposed use will generate none, of the five adverse condi-
tions.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties;
One security light on each building will cause no adverse
affects .
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Existing GC-MD zoning includes no requirements for land-
scaping or fencing.
8) That the proposed use is in accordance with the comprehensive plan;
Proposed use is located in a Conservation & Revitalization
Area and is in accordance with the plan.
-- -_i FILE 912-P. REQUEST FOR SPECIFIC L
- PERMIT TO ESTABLISH A WHOLESALE P AC
I` • �; - ,Q AGED MEATS BUSINESS AND WAREHOUSE
LOCATED 725 SOUTH FOURTH STREET.
!y�k s0wI£ APPLICANT: TOM ADAMS ON BEHALF OF S
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• ALGEND. S°
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A SPECIFIC
USE PERMIT FOR A WHOLESALE PACKAGED
MEATS BUSINESS AND WAREHOUSE AT 725
FOURTH STREET.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a specific use permit for a
wholesale packaged meats business and warehouse on property at 725
Fourth Street, Beaumont, Jefferson County, Texas to Tom Adams , agent
for SETCO General Contractors, his legal representatives, successors,
and assigns for that certain property hereinafter described; and,
WHEREAS, the City Council is of the opinion that the
issuance of such specific use permit is in the best interest of the
City of Beaumont and its citizens, subject to the hereinafter
described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
use permit have been met and the specific use permit for a wholesale
packaged meats business and warehouse at 725 Fourth Street, Beaumont,
Jefferson County, Texas, in accordance with Section 30-26 and Section
30-40 of the Code of Ordinances of the City of Beaumont, as amended,
is hereby granted to Tom Adams , agent for SETCO General Contractors,
his legal representatives, successors and assigns for that certain
tract described in Exhibit "A" attached hereto and made a part hereof
for all purposes.
Section 2 .
That the specific use permit herein granted is expressly
issued for and in accordance with each particular and detail of the
site plan attached hereto as Exhibit "B" and made a part hereof for
all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
Mayor -
- 2 -
8.
March 23, 1984
Council Letter 406
Honorable Mayor and
Members of City Council
Subject: Revisions to the Health Insurance Plan
Over the past months, the City Council has authorized by ordinance budget
amendments and code revisions which have allowed us to begin implementation
of a Wellness Program, Employee Assistance Program, Expanded City Health
Services, and a Personal Leave and Short-term Disability Program.
The final component of the five programs associated with this Coordinated
Employee Health Service Program involves a series of revisions to the City
Health Insurance package. These revisions to the health insurance program
are designed to save the City and employee money in health care cost. The
City's experience in the area of health care costs have risen from
$2,106,000 in 1981-82 to an estimated $2,975,000 in 1983-84. Actuarial es-
timates for the immediate future continue to project a rate of increase of
20 percent, considerably higher than the overall rate of inflation for the
same period. Based on information provided by our underwriter, the Pru-
dential Insurance Company, the City projects a reduction in City medical
costs of $180,000 over a full year, as a result of these health care amend-
ments. As indicated earlier, in cases concerning the coordinated health
services program, the $180,000 savings is a critical revenue source in that
particular program budget. The total health insurance revisions have been
grouped in three categories for ease of explanation.
I. Additional Benefits.
A. Home Health Care - This new program will allow many
employees to leave the hospital earlier at the end
of their medical cycle. This benefit design helps
to drastically reduce the cost of hospital health
care. Benefits of this program include not more
than 100 home health visits per individual per year
at a maximum allowable charge of $50,000 per visit.
Drugs and medicine are provided at the normal 80
percent benefit level .
B. Convalescent Nursing Home Expenses - Many out-
patients stay at least three days, requiring care,
but not necessarily particularly hospital services.
Convalescent nursing pays up to a daily limit equal
to 50 percent of the standard semi-private room or
45 percent of the least private room rate.
Council Letter 406
March 23, 1984
Page 2
C. Hospice Care (for the terminally ill ) - This new
program design can improve the quality of life for
the patient and family when death is imminent.
There is no deductible for admission to the hospice
care facility and 90 percent of covered in and out
patient charges are also additional benefits.
II. Money Savers.
A. Pre-admission Testing - Generally many model
hospital tests can be done prior to admission in a
hospital . Therefore, hospital costs are reduced by
substituting a less-costly setting for a more ex-
pensive one, thereby shortening the hospital length
stay.
B. Second Surgical Opinion Plan - This program is
designed to provide more information to employee
and family before a decision is made to have
elective surgery. Elective surgery is any non-
emergency surgical procedure which may be scheduled
to the patient's convenience without jeopardizing the
patient's life or causing serious impediments to the
patient's particular sickness. Under the City's
program, there are fourteen elective surgical pro-
cedures which are applicable. All reasonable cus-
tomary charges will be paid at 100. percent without
a deductible if the employee decides on a second
surgical opinion by a Board-certified specialist
selected from names provided by Prudential . If the
employees does not elect for a second opinion, then
the plan will pay 50 percent of the eligible charges
which would otherwise be paid.
III. Admission on Weekends.
A. This plan design will curtail hospital stays that
have no meaningful prescribed services scheduled
during the weekend. Only in cases of emergency are
Friday and Saturday hospital charges covered. Sun-
days are never included within the definition of
admissions on the weekend.
Council Letter 406
March 23, 1984
Page 3
Because these modifications require an intensive effort in transmitting
information on the modifications to all employees, staff felt that it
would be in everyone's best interest to set an implementation date of
Play 1st for these program changes. This will allow us to better deal with
questions and/or concerns that employees may have.
It is recommended that the Council authorize the City Manager to execute an
amendment to the City Health Insurance contract with the Texas Municipal
League.
IL
Karl Nollenberger
City Manager
Y
�vo 8
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to execute
an amendment to the city' s health insurance contract with the Texas
Municipal League to provide for revisions to the city' s health
insurance plan in the areas of home health care, convalescent
nursing home expenses, hospice care, preadmission testing, second
surgical opinions, and weekend admission limitations.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984.
Mayor -
9.
March 23, 1984
Council Letter 401
Honorable Mayor and
Members. of City Council
Subject: College Street TIP Subject - Phase I
Bids were received Monday, March 5, 1984, for the construction of Phase I of
the College Street TIP Project. Phase I provides for modifying the College
Street-Eleventh Street intersection to provide for double left-turn lanes in
all four quadrants of the intersection. The purpose of this modification is
to alleviate traffic congestion due to the high volume of left turns that
occur during peak hours at the interesection. Phase I was separated from the
rest of the College Street Project due to the substantial lessening of con-
gestion which will be provided at the high-volume intersection of College
and Eleventh Streets. The separation allows the intersection improvements
to be implemented eight to ten months earlier than would be possible if the
project was not in phases. Phase II will complete the College Street im-
provements to downtown Beaumont. Plans for Phase II are currently being
prepared.
Bids for Phase I ranged from a low of $59,301.79 to a high of $73,576.86.
The low bid was submitted by Teal Contracting Co. , Inc. , who plans to utilize
minority business enterprise for 14 percent of the total project cost. The
bids are as follows:
Teal Contracting Co. , Inc. $59,301.79
Trotti & Thomson Company 64,774.00
Accuraline 64,872.20
Mason Construction 66,401.40
Bella Construction 67,884.77
Baytown Construction Co. , Inc. 68,519.00
Russ Miller Construction 72,576.86
It is recommended that the contract be awarded to Teal Contracting Co. , Inc.
Karl Nollenberger
City Manager
AGENDA 1pyEn
R E S O L U T I O N
WHEREAS, on March '5 , 1984, bids were received for the
construction of Phase One of the College Street TIP Project; and,
WHEREAS, Teal Contracting Co. , Inc. submitted a bid in the
amount of $59, 301.79; and,
WHEREAS, the City Council is of the opinion that the bid
submitted by Teal Contracting Co. , Inc. is the lowest and best bid
and should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT :
THAT the bid of Teal Contracting Co. , Inc. be accepted by the City of
Beaumont and the City Manager be, and he is hereby , authorized to
enter into a contract with Teal Contracting Co. , Inc. in the amount
of $59 ,301. 79 for construction of the College Street TIP Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of , 1984.
Mayor -
10.
March 23, 1984
Council Letter 405
Honorable Mayor and
Members of City Council
Subject: Emergency Purchase of Generator for Civic Center
As originally designed and constructed, standby electrical service for the
Civic Center for use during a Gulf States Utilities power failure was pro-
vided by a Duallite battery inverter system.
During the latter part of January, 1984, the inverter system failed, pro-
bably due to a malfunction in the control components. The Duallite factory
service firm, Miles Electronics, was engaged to repair the system. The
control components were repaired. The service representative then tested
the batteries and determined that they were irrevocably damaged and should
be replaced. Duallite proposed to replace the batteries for $8,100. Be-
cause of the high replacement cost for batteries, it was decided to investi-
gate the feasibility of replacing the batteries with a standby generator,
as a means of avoiding future costly replacements of batteries. A consult-
ing engineering firm, Galewsky and Johnson, was employed to analyze the
situation and to make a recommendation. This firm was involved in the
initial design of the facility and is familiar with our current situation.
After an analysis of the situation, it is their recommendation that the
existing battery backup system be replaced with a standby generator at a
cost of $9,000.
Provisions have been made, with the assistance of several Departments, for
providing some capability for emergency exit lighting. The installation is
temporary and inadequate to carry all emergency circuits.
Inasmuch as public safety is involved it belief that an emergency
exists and that competitive bidding requirements, in this instance, should
be waived. It is our recommendation that the purchase of a generator from
Harrison Equipment Company in Houston be authorized. The unit is available
immediately and can be installed within a week. The monies for this emer-
gency purchase will be charged against the operating budget of the Com-
munity Facilities Department. Such an expenditure may require a late budget
adjustment for this Department.
It is recommended that this resolution be approved.
�L ruja""
Karl Nollenberger
City Manager
AGENDA rTEFff
NO /O
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to pay
Harrison Equipment Company $ 9 ,000 for the purchase and installation
of a standby generator to be used at the Beaumont Civic Center. This
purchase is an emergency of the city in order to restore full
capability to all emergency circuits.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the _ day of 19
Mayor -
11•
'March 239 1984
Council Letter 402
Honorable Mayor and
Members of City Council
reement with Scott Olive Baptist Church
Subject: License Ag and Ashley
located on Ewing Street betweeof Beaumont for use
Scott Olive Baptist Church, reement with the City right-of-way, as
Streets, has requested a license on of the east Ewing St be improved with a
of an 8-foot by 300 etch.Portion right-of-way The area directly in
rimarily as a parking area.
shown on the attached sketc cluded for simplification and to easily al-
concrete surface for use P be desired in the future.
front oertsmallui improvements which may for the Church.
low other parking The park-
et wide on a 70-foot right of way- curb and
area will allow additional and more convenient P of the roadway
The roadway is 30 f ated. The
The existing pedestrians is anti( : should
area would remain at least 10 traffic, the back s on the area,
ing or City operation tanned im-
no interference with utilities, es to the Church' s P
license agreement allows any for damages
they be necessary, without 13001
b foot area.
provements to the 8-foot y expiration date, but would al-
The exp The City would
The proposed license would have written 60 days' written notice.
the City enses resulting from the Church' s con-
low cancellation by or eXp clause and the Church' s
be protected against damages through an indemnity
struction or use of property
insurance coverage. the Church would bear all coe-
In consideration for use of the right-of-ways
e costs, and removal costs associated netime licenseefe improv
struction, agreeable reeable o
ments. In addition, the Church �s
$500. roved.
It is recommended that this resolution be app
Karl Nollenberger
City Manager
L o U �. &%4 - Li U c Z ��:�
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corrc MOW 5O' c NION
PROP.
PARKING
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PROP. 3Odx S• LICENSE
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- PROP PARKING
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- PROP LICENSE TRACT
AGENDA ITE21
CIO / /
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to execute a
license agreement with Scott Olive Baptist Church, a copy of which is
at=tached hereto as Exhibit "A" , at a one time license fee of Five
Hundred Dollars ( $ 500) for use of an 8 ' x 300' portion of the east
Ewing Street right-of-way.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
-- day of 1984.
Mayor -
12.
March 23, 1984
Council Letter 399
Honorable Mayor and
Members of City Council
Subject: Neches River Festival Air Show
Last year, Golden T Air Flight Services sponsored the First Neches River
Festival Air Show at the Municipal Airport. The Urban Transportation Depart-
ment has received a letter from Golden T Air Flight Services requesting per-
mission to conduct the Second Annual Neches River Festival Air Show on
April 8th, with a rain day of April 15th.
An air space waiver, approved by the Federal Aviation Administration, will be
requested if the City Council approves the air show. In accordance with FAA
regulations, the airport may be closed for air traffic from 1 p.m. to 4 p.m. ,
during the precision flying. Notices requesting that aviators avoid non-show
related flying during the period would be posted.
The Urban Transportation Department would allow placement of barricades on
Keith Road in accordance with the Street Use/Barricading Ordinance in order
to allow collection of donations at the gate. However, anyone requesting
passage through the area would be allowed to do so and the closure would have
no impact on emergency vehicle access. Requested donations would include
$4 for adults and $2 for children through the age of 12. A roped-off area
providing metal chairs located on the ramp would be available, with a re-
quested donation of $1 per person. Sandwich and cold drink vendors will be
required to obtain necessary permits from the Health Department.
Public assistance would be provided by volunteer, off-duty police officers,
as well as Civil Air Patrol cadets. Fire Department personnel , an ambulance,
and the "Life Flight" helicopter would be on stand-by. Supplementary, port-
able restroom facilities and trash receptacles would also be provided.
Additional insurance coverage consisting of a two-million-dollar blanket
coverage holding the City harmless of any liability would be obtained,
covering the day of the air show from 8 a.m. to 6 p.m. by Golden T.
The Airport Advisory Committee unanimously approved usage of the Airport for
the Air Show at their March 14, 1984 meeting. The air show serves as a pro-
motion for Beaumont Municipal Airport and the Neches River Festival .
It is recommended that this resolution be approved.
4L f�,ZL- ,
Karl Nollenberger
City Manager
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Golden "T" Air Flight Services be, and it is hereby , authorized
to sponsor the second annual Neches River Festival Air Show on
April 8 , 1984 with a rain day of April 15 at the Beaumont Municipal
Airport between 1 : 00 p.m. and 4 : 00 p.m.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
Mayor -
CONSENT AGENDA
MARCH 27, 1984
* Approval of Minutes.
a. A resolution authorizing execution of a three-year contract
for furnishing concessions.
b. A resolution authorizing purchase of a diesel-powered trash
pump for use at the landfill .
c. A resolution authorizing payment for emergency repairs to
the Eleventh Street lift station.
j .
a.
March 23, 1984
Council Letter 397
Honorable Mayor and
Members of City Council
Subject: Three-year Contract for Concessions
The Parks Department sent out a request for bids to eleven suppliers for
a. three-year contract to furnish concessions at the following locations:
Municipal Athletic Compex
Babe Zaharias Park
Alice Keith Pool
Magnolia Pool
The contract generally requires the successful bidder to furnish an adequate
mix of snacks and drinks to users of these various facilities.
In our previous contract, the percentage paid to the City was ten percent.
Our last year's revenue from this operation was $1,734.04.
We are hopeful that this contract arrangement with Entertainment Services,
the firm that now provides catering at the Civic Center, will enable an im-
proved level of service to be provided at these locations. This operation
has been difficult for vendors in previous years which is why only one firm
bid on the service. I
The bid will be based on a percentage rate of gross sales. As was mentioned
earlier, the bid of Entertainment Services at 10.1 percent is within our
experience for this contract.
It is recommended that this resolution be approved.
N S"
Karl Nollenberger
City Manager
4
ACLEMIDA ITUff
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to enter into
an agreement with Entertainment Services, substantially in the form
attached hereto as Exhibit "A" , for a three year ( 3 ) contract for
concessions to the Municipal Athletic Complex, Babe Zaharias Park ,
Alice Keith Pool and Magnolia Pool.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 1984.
- Mayor -
�r
b.
March 23, 1984
Council Letter 389
Honorable Mayor and
Members of City Council
Subject: Purchase of Diesel-Powered Trash Pump
Bids were received Monday, February 20, 1984, for a diesel-powered trash pump
with discharging/suction hoses to be used at the new landfill . This piece of
equipment will be utilized during periods of heavy rainfall in pumping water
out of the trenches that are now used for refuse disposal at the new site.
The money is budgeted within the operational budget of the Landfill Division.
The bids were as follows:
Treco $2,421.50
Heatley Equipment 2,439.00
Pioneer Industries 2,445.00
Gaedcke Equipment 2,647.91
Consolidated Pipe and Tube 2,893.35
KWay Equipment 3,054.53
Automatic Pump. 3,059.00
F1oMation Specialties 3,131.32
Kinco 3,409.00
Plains Machinery 3,880.00
It is recommended that the bid of Treco in the amount of $2,421.50 be accepted.
Karl Nollenberger
City Manager
NO-
R E S O L U T I O N
WHEREAS, bids were received for the purchase of a diesel
powered trash pump; and,
WHEREAS, Treco submitted a bid in the amount of $2 ,421. 50 ;
and,
WHEREAS, the City Council is of the opinion that the bid
submitted by Treco is the lowest and best bid and should be
accepted;
NOW , THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Treco in the amount of $2 ,421. 50 for the
purchase of a diesel powered trash pump is hereby accepted by the
City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of P9
- Mayor -
C.
March 23, 1984
Council Letter 400
Honorable Mayor and
Members of City Council
Subject: Emergency Repairs to Eleventh Street Lift Station
In late 1983, the lift station at the Eleventh Street underpass began ex-
periencing difficulties with the pumping of water during rains. One of the
two pumps was repaired at that time. Recently, it was determined that the
second pump, although running, was not pumping water. Due to the necessity
of adequate pump operations to keep the underpass clear during heavy rains,
repair of the pump was considered an emergency.
Three bids were received in response to verbal requests to overhaul and re-
install the pump and shaft. The bids were as follows:
Loden Machine Works $ 8,000
Automatic Pump 11,000
American Machine Works 12,000
Work is already underway by Loden Machine Works to repair the pump, and re-
installation is anticipated within the next week.
It is recommended that Council approve the resolution authorizing payment to
Loden Machine Works for the emergency repairs. '
6 i\�A,�,,"
Karl Nollenberger
City Manager
i
AGENDA UEN
NO C
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to pay Loden
Machine works $8 ,000 for emergency repairs to the Eleventh Street
Underpass Lift Station.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 1984.
Mayor -
W/S
Plarch 23, 1984 2
Council Letter 396
Honorable Mayor and
Members of City Council
Subject: Sale and Gift of Baby Animals as Pets
A Council Work Session will be held March 27, 1984, to discuss a proposed
ordinance making it an offense to sell , offer for sale, barter, lease, or
give away, or change the natural color of certain baby animals. This or-
dinance would apply to baby chickens, ducklings, goslings, skunks, rac-
coons, foxes, opossums, bats or rabbits. Commercial sales would not be
prohibited. Scientific, educational or governmental purposes would also
be allowed.
This ordinance would be enforced throughout the year, and not just at Easter
time. It would help prevent the inhumane treatment of such baby animals
and the potential spread of certain diseases (such as salmonella and rabies)
to humans.
Karl Nollenberger
City Manager
�
CALENDAR
** Saturday, March 24 - KC Hall
9:00 A.M. - Speak to Gulf States Employees
Sunday, March 25 - Calvary Baptist Church; 3650 Dowlen
12:15 P.M. - Groundbreaking Ceremony for Sanctuary
and Pre-school Buildings
Dinner to follow
* Monday, March 26 - Chamber Board Room
3:30 P.M. - Meeting
Tuesday, March 27 - Council Chambers
1:15 P.M. - Counci- Meeting, followed by Work Session
* Wednesday, March 28 - Council Chambers (Beaumont)
*** 7.30 P.M. - S.E.T.R.P.C. Executive Committee Meeting
* MAYOR
** MAYOR PRO TEM
*** COUNCILMAN DESHOTEL
CALENDAR
Page 2
* Thursday, March 29 - Mingle Dodge; 4145 College
10:30 A.M. - Ribbon Cutting Ceremonies
(Keith McCampbell )
12:00 Noon - Civic Center, Room 3
Clean Community Commission Meeting
Bring sandwiches
* 4 00 P.M. - Neurological Center; 3250 Fannin
Opening of 3rd Unit
(Kim Samford)
7:00 P.M. - Mingle Dodge; 4145 College
Grand Opening
Friday, March 30 - LNUA Facilities; 7850 Eastex Freeway
10:30 A.M. - Recognition Tour
(Chamber of Commerce)
* Saturday, March 31 - Civic Center
9:30 A.M. - Welcome TOPS Club, International
(Judy Hunt)
* 12:00 Noon - Humane Society Shelter
"Celebrity Dog Wash"
(Laurie Wallace, KIEZ)
* MAYOR
** MAYOR PRO TEM
*** COUNCILMAN DESHOTEL