HomeMy WebLinkAboutPACKET MAR 25 2014RI( 11 'A171-1 01-I'01iCl til"tt
BEA'Ilmo _' N
T• E• X• A• S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 25, 2014 1:30 P.M.
CONSENT AGENDA
Approval of minutes — March 18, 2014
Confirmation of committee appointments
Linda Cooper would be reappointed to the Library Commission. The current term would expire
September 27, 2014. (Councilmember Mike Getz)
Marie Broussard would be reappointed to the Historic Landmark Commission. The current term
would expire September 3, 2015. (Councilmember Mike Getz)
Connie Berry would be reappointed to the Community Development Advisory Committee. The
current term would expire September 12, 2015. (Councilmember Mike Getz)
Arthur E. Berry would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire October 30, 2015. (Councilmember Mike Getz)
Carol Dixon would be reappointed to the Convention and Tourism Advisory Board. The current
term would expire March 1, 2016. (Councilmember Jamie D. Smith)
A) Approve a resolution authorizing the City Manager to submit an application to the Texas
Department of Transportation for temporary use of State of Texas right-of-way for the
Neches River Festival Parade
B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in West Chase Village, Section Ten -Phase I1
C) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in The Meadows Subdivision Phase II West
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following reappointments be made:
Reappointment Commission Beginning
of Term
Linda Cooper Library Commission 03/25/14
Marie Broussard Historic Landmark Commission 03/25/14
Connie Berry Community Development Advisory Board 03/25/14
Arthur E. Berry Convention and Tourism Advisory Board 03/25/14
Carol Dixson Convention and Tourism Advisory Board 03/25/14
Expiration
of Term
09/27/14
09/03/15
09/12/15
10/30/15
03/01/16
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2014.
- Mayor Becky Ames -
U
RICH WITH OPPORTU'N,TY
[111EA,[111cl
T - E• X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
James Singletary, Chief of Police
March 25, 2014
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to submit an application to the Texas Department of
Transportation for temporary use of State of Texas right-of-
way for the Neches River Festival Parade.
BACKGROUND
The Neches River Festival is planned for April 5, 2014 and will require full closure along much
of the route. Portions of the event route are located within the Texas Department of
"Transportation's roadway system. If approved, the application will allow the City of Beaumont
to close state roadways for the purpose of the event. The resolution will state that the roadways
will be closed to serve public interest and deem the City of Beaumont responsible for any
damages or accidents that may occur and hold harmless TxDOT and the State of Texas.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to submit an application to the
Texas Department of Transportation for temporary use of State of Texas right-of-way for
the Neches River Festival. The agreement is substantially in the form attached hereto as
Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2014.
- Mayor Becky Ames -
AGREEMENT FOR THE TEMPORARY CLOSURE
OF STATE RIGHT OF WAY
THIS AGREEMENT is made by and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the "State," and the City
of 3eAumw r _ , a municipal corporation, acting by and through its
duly authorized officers, hereinafter called the "local government."
WITNESSETH
WHEREAS, the State owns and operates a system of highways for public use and benefit,
including So,jr 380 in TEFFEaso4 County; and
WHEREAS, the local government has requested the temporary closure of
So",r 38o for the purpose of
/V ecKEs RIVER r&UT1 V A L- PgRApe , from Al. 15-2014 to Z/ • S • Z0/1/ds
described in the attached "Exhibit A," hereinafter identified as the "Event;" and
WHEREAS, the Event will be located within the local government's incorporated area; and
WHEREAS, the State, in recognition of the public purpose of the Event, wishes to cooperate
with the City so long as the safety and convenience of the traveling public is ensured and that
the closure of the State's right of way will be performed within the State's requirements; and
WHEREAS, on the _ day of 20 , the City
Council passed Resolution / Ordinance No. , attached hereto and identified
as "Exhibit B," establishing that the Event serves a public purpose and authorizing the local
government to enter into this agreement with the State; and
WHEREAS, 43 TAC, Section 22.12 establishes the rules and procedures for the temporary
closure of a segment of the State highway system; and
WHEREAS, this agreement has been developed in accordance with the rules and
procedures of 43 TAC, Section 22.12;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as
hereinafter set forth, it is agreed as follows:
AGREEMENT
Article 1. CONTRACT PERIOD
This agreement becomes effective upon final execution by the State and shall terminate upon
completion of the Event or unless terminated or modified as hereinafter provided.
t, _; - ; :'w Closure Incorporated (TEA30A) Page 1 of 8 ? r' /02/2On 3
EXHIBIT "A"
',ores anent Pio.
„ �h,,,1i�ai C�srrip�i`u°i} o the lirnits of the Event, inch ding county names and highwa
}
ilers, til: lumber of it: leu file highway huS c id file n�lrl i lc" o i�r :,s t0 b� �I:- t! i�
proposed schedule of start and stop times and dates at each location, a brier' description of
the proposed activities involved, approximate number of people attending the Event, the
number and types of animals and equipment, planned physical modifications of any man-
made or natural features in or adjacent to the right of way involved shall be attached hereto
along with a location map and identified as "Exhibit C."
Article 3. OPERATIONS OF THE EVENT
A. The local government shall assume all costs for the operations associated with the Event,
to include but not limited to, plan development, materials, labor, public notification, providing
protective barriers and barricades, protection of highway traffic and highway facilities, and all
traffic control and temporary signing.
B. The local government shall submit to the State for review and approval the construction
plans, if construction or modifications to the State's right of way is required, the traffic control
and signing plans, traffic enforcement plans, and all other plans deemed necessary by the
State. The State may require that any traffic control plans of sufficient complexity be signed,
sealed and dated by a registered professional engineer. The traffic control plan shall be in
accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices.
All temporary traffic control devices used on state highway right of way must be included in
the State's Compliant Work Zone Traffic Control Devices List. The State reserves the right to
inspect the implementation of the traffic control plan and if it is found to be inadequate, the
local government will bring the traffic control into compliance with the originally submitted
plan, upon written notice from the State noting the required changes, prior to the event. The
State may request changes to the traffic control plan in order to ensure public safety due to
changing or unforeseen circumstances regarding the closure.
C. The local government will ensure that the appropriate law enforcement agency has
reviewed the traffic control for the closures and that the agency has deemed them to be
adequate. If the law enforcement agency is unsure as to the adequacy of the traffic control, it
will contact the State for consultation no less than 10 workdays prior to the closure.
D. The local government will complete all revisions to the traffic control plan as requested
by the State within the required timeframe or that the agreement will be terminated upon
written notice from the State to the local government. The local government hereby agrees
that any failure to cooperate with the State may constitute reckless endangerment of the
public and that the Texas Department of Public Safety may be notified of the situation as
soon as possible for the appropriate action, and failing to follow the traffic control plan or
State instructions may result in a denial of future use of the right of way for three years.
E. The local government will not initiate closure prior to 24 hours before the scheduled Event
and all barriers and barricades will be removed and the highway reopened to traffic within 24
hours after the completion of the Event.
F. The local government will provide adequate enforcement personnel to prevent vehicles
from stopping and parking along the main lanes of highway right of way and otherwise
prevent interference wits the main lane traffic by both vehicles and pedestrians. The local
government will prepare a traffic enforcement plan, to be approved by the State in writing at
least 48 hours prior to the scheduled Event. Additionally, the local government shall provide
to the State a letter of certification from the law enforcement agency that will be providing
traffic control for the Event, certifying that they agree with the enforcement plan and will be
able to meet its requirements.
r. The local government hereby assures the State that there will be appropriate passage
_affic---Traffic__-Closure Incorporated (TEA30A) Page 2 of 8 Rev. C5/02/2008
".creeirne; . r'
banefor erriL;y ,c;� vehicle travel and adequ&;L'S ess u�, a',i P up_. ;y o.fvr,ers - -
c wring construction and closure of the highway facility. T hese G''!ow^n—s : df =...cre ;ses �,vill
Ije included in the local government's traffic control plan.
The local goverrir ent will avoid or minimize damage, and will, at its own expense, restore
or repair damage occurr:ng outside the State's right of way and restore or repair the State's
right of way, including, but not limited to, roadway and drainage structures, signs, overhead
signs, pavement markings, traffic signals, power poles and pavement, etc. to a condition
equal to that existing before the closure, and, to the extent practicable, restore the natural
and cultural environment in accordance with federal and state law, including landscape and
historical features.
Article 4. OWNERSHIP OF DOCUMENTS
Upon completion or termination of this agreement, all documents prepared by the local
government will remain the property of the local government. All data prepared under this
agreement shall be made available to the State without restriction or limitation on their further
use. At the request of the State, the Local Government shall submit any information required
by the State in the format directed by the State.
Article 5. TERMINATION
A. This agreement may be terminated by any of the following conditions:
(1) By mutual written agreement and consent of both parties.
(2) By the State upon determination that use of the State's right of way is not
feasible or is riot in the best interest of the State and the traveling public.
(3) By either party, upon the failure of the other party to fulfill the obligations as set
forth herein.
(4) By satisfactory completion of all services and obligations as set forth herein.
B. The termination of this agreement shall extinguish all rights, duties, obligations, and
liabilities of the State and local government under this agreement. If the potential termination
of this agreement is due to the failure of the local government to fulfill its contractual
obligations as set forth herein, the State will notify the local government that possible breach
of contract has occurred The local government must remedy the breach as outlined by the
State within ten (10) days from receipt of the State's notification. In the event the local
government does not remedy the breach to the satisfaction of the State, the local government
shall be liable to the State for the costs of remedying the breach and any additional costs
occasioned by the State.
Article 6. DISPUTES
Should disputes arise as to the parties' responsibilities or additional work under this
agreement, the State's decision shall be final and binding.
Article 7. RESPONSIBILITIES OF THE PARTIES
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individual acts and
deeds as well as the accts and deeds of its contractors, employees, representatives, and
agents.
;article 8. INSURANCE
Prior to beginning any work upon the State's right of way, the local government and/or its
ontractors shall furnish to the State a completed "Certificate ai I Surance" (T -DOT Form
ii560, latest edition) and sh ` ..int",. '". �._�_., _ ', f�..., ,c� c'i1 ei eCt d�_!r?r';� the perind
raffic--Traffic_CI .. _ C5/n2/?nn
J'
Agreement iso.
_. e" ,r /o: its contractors are encroaching upon the State right of way.
<_;Gi government is aself-insured entity, the local government shall
;provide the State proof of its self-insurance. The local go���em; �_e L agres.s tc Nay a.ny and !I
claims and damages that may occur during the period of this closing of the highway in
accordance with the terms of this agreement.
Article 9. AMENDMENTS
Any changes in the time frame, character, agreement provisions or obligations of the parties
hereto shall be enacted by written amendment executed by both the local government and
the State.
Article 10. COMPLIANCE WITH LAWS
The local government shall comply with all applicable federal, state and local environmental
laws, regulations, ordinances and any conditions or restrictions required by the State to
protect the natural environment and cultural resources of the State's right of way.
Article 11. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall for any reason be
held invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall riot affect any other provisions hereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
Article 12. NOTICES
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the
following respective addresses:
Local Government: I State:
Texas Department of Transportation
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party hereto may change the above address by sending
written notice of such change to the other in the manner provided herein.
Article 13. SOLE AGREEMENT
This agreement constitutes the sole and only agreement between the parties hereto and
supersedes any prior understandings or written or oral agreements respecting the within
subject matter.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed
in duplicate counterparts.
.y SIE CITY OF r3EAu0xoa1i
_xecuted on behalf of 'the local government by:
Incorporated (TEA30A) I=_ Jam, ` c` ' r7� 0',�? ^13
ai GeV. ..0
.Agreement No.
Typed or Printed game and Title
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission
for the purpose and effect of activating and/or carrying out the orders, established policies or
work programs heretofore approved and authorized by the Texas Transportation
Commission,
SO
District E=ngineer
Date
Page 0 of 8 Rev. i.iIJ'02/2003
Fw�
RICH WITH OPPORTUNITY
11EA,[11�1C111*
T- E - X - A - S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
F
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE:
March 25, 2014
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm sewer, water and sanitary sewer improvements
in West Chase Village, Section Ten- Phase II
BACKGROUND
On February 28, 2014, a final inspection from all entities was completed on the following:
• Village Drive approximately 185 feet east of existing Village Drive to and including
the cul-de-sac.
• Little Drive approximately 48 feet north of Village Drive Cul -de -Sac to the 3-OM4-3
Dead End Roadway markers.
Recommended for approval are the storm sewer, water and sanitary sewer improvements for
West Chase Village, Section Ten -Phase II right-of-way only.
FUNDING SOURCE
Nor applicable.
RECOMMENDATION
Approval of resolution.
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RESOLUTION NO.
WHEREAS, construction of the streets, storm sewer, water and sanitary sewer
improvements constructed in West Chase Village, Section Ten -Phase II have been
completed as follows:
and,
Streets
• Village Drive approximately 185 feet east of existing Village Drive to and
including the cul-de-sac.
• Little Drive approximately 48 feet north of Village Drive Cul -De -Sac to the 3-
OM4-3 Dead End Roadway markers.
Storm Sewer, Water and Sanitary Sewer Improvements
• West Chase Village, Section Ten -Phase II, right-of-way only.
WHEREAS, the developers of said streets desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department has
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the above -referenced street, storm sewer, water and sanitary sewer
improvements in West Chase Village, Section Ten -Phase II, with the exception of
streetlights, are hereby accepted by the City of Beaumont and shall be continuously
maintained by the City contingent upon filing of the final plat, complete with filings of
dedication of all rights-of-way and easements required on the preliminary and final plats
and installation of the streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2014.
- Mayor Becky Ames .-
r�
RICH WITH OPPORTUNITY
IIEA,111�ICIII*
T• E• X• A 0 S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
VID
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE:
March 25, 2014
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm sewer, water and sanitary sewer improvements
in The Meadows Subdivision Phase II West
BACKGROUND
On January 28, 2014, a final inspection from all entities involved was completed on the
following:
• West Sage approximately 565 feet south of existing West Sage to the 3-OM4-3 Dead
End Roadway markers.
• Monarch approximately 143 feet east of West Sage to and including the Cul -de -Sac.
• Chicory Street approximately 188 feet east of West Sage to the 3-OM4-3 Dead End
Roadway markers.
Recommended for approval are the storm sewer, water and sanitary sewer improvements for The
Meadows Subdivision Phase II West right-of-way only.
FUNDING SOURCE
Not applicable.
RECOMMENDTION
Approval of resolution.
-VICINITY MAP -
THE MEADOWS SUBDIVISION PHASE 11
WEST
RESOLUTION NO.
WHEREAS, construction of the streets, storm sewer, water and sanitary sewer
improvements constructed in The Meadows Subdivision Phase II West have been
completed as follows:
; and,
Streets
• West Sage approximately 565 feet south of existing West Sage to the 3-
OM43 Dead End Roadway markers.
• Monarch approximately 143 feet east of West Sage to and including the cul-
de-sac.
• Chicory Street approximately 188 feet east of West Sage to the 3-OM4-3
Dead End Roadway markers.
Storm Sewer, Water and Sanitary Sewer Improvements
• The Meadows Subdivision Phase II West, right-of-way only.
WHEREAS, the developers of said streets desire to have these improvements
accepted and maintained by the City, and,
WHEREAS, the director of the Public Works and Engineering Department has
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the above -referenced street, storm sewer, water and sanitary sewer
improvements in The Meadows Subdivision Phase 11 West, with the exception of
streetlights, are hereby accepted by the City of Beaumont and shall be continuously
maintained by the City contingent upon filing of the final plat, complete with filings of
dedication of all rights-of-way and easements required on the preliminary and final plats
and installation of the streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2014.
- Mayor Becky Ames -
[1EA,11
T• E- X a A E S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 25, 2014 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 5 & 6/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
Consider an ordinance approving a zone change from A -R (Agricultural -Residential)
District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District
with a specific use permit to allow an assisted living/memory care facility on property
located on the east side of Major Drive, just north of Village Drive
2. Consider an ordinance approving a specific use permit to allow a second dwelling
unit on property zoned RS (Residential Single Family Dwelling) District at 8520
Spurlock Road
3. Consider an ordinance approving a specific use permit to allow health screening
services in an RCR-H (Residential Conservation and Revitalization -Historic) District
at 2263 North Street
4. Consider an ordinance approving a specific use permit to allow a cellular tower in a
GC -MD (General Commercial -Multiple Family Dwelling) District at "7510 Tolivar
Road
5. Consider a resolution approving the award of a bid to Brystar Contracting, Inc. of
Beaumont for the Washington Boulevard Pavement and Drainage Improvement
Project Phase I (Amarillo to Martin Luther King Parkway)
6. Consider an ordinance authorizing the participation by the City of Beaumont with
other Entergy Texas service area cities in matters concerning Entergy before the
Public Utility Commission of Texas and the Federal Energy Regulatory Commission
in 2014
PUBLIC HEARING
COMMENTS
Receive comments on the Public Services, Public Facilities and Improvements line
items of the Consolidated Grant Program's 2014 Annual Action Plan
Councilmembers/City Manager comment on various matters
Public Comment (Persons are limited to 3 minutes)
EXECUTVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
City of Beaumont v. Sunland Construction, Inc. and TransCanada
Keystone Pipeline, LP
Robert Louis Patillo vs. The City of Beaumont; Case No. A-194,989
As authorized by Section 551.087 of the Government Code, to discuss and
deliberate economic development negotiations regarding a business entity
proposing a Ford Park Convention Hotel and Water Park
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
fl
March 25, 2014
Consider an ordinance approving a zone change from A -R (Agricultural -Residential) District to
GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District with a specific use permit
to allow an assisted living/memory care facility on property located on the east side of Major
Drive, just north of Village Drive
RICH WITH OPPORTUNITY
111C'A,[111C1
T• E• X• A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
,!�1'1�
PREPARED BY: Chris Boone, Director of Planning and Community
Development
MEETING DATE: March 25, 2014
REQUESTED ACTION: Council consider an ordinance approving a zone change
from A -R (Agricultural -Residential) District to GC -MD -2
(General Commercial -Multiple Family Dwelling -2) District
with a specific use permit to allow an assisted
living/memory care facility on property located on the east
side of Major Drive, just north of Village Drive.
BACKGROUND
David Krukiel for Three Willows Land Development, LLC and representing Avalon Homes is
requesting a zone change and specific use permit.
Avalon Homes would like to build a privately funded 30 -bed non-medical assisted living facility
that specializes in care for the memory impaired. The facility will consist of three single -story
structures with different facades in order to create a "neighborhood" like environment. Each
structure will be designed to appear as a single-family home including a yard, kitchen and living
spaces.
Avalon specializes in care for patients with memory impairment diseases such as dementia and
its most common form, Alzheimer's. Staff is on site and residents are monitored 24 -hours a
day. Facilities have a high direct caregiver -to -resident ratio and have been designed to provide
a highly secured environment.
Staff believes this facility would provide a much needed buffer to existing single family
development to the east and future commercial development fronting on Major Drive.
At a Joint Public Hearing held March 17, 2014, the Planning Commission recommended 7:0:1 to
approve a zone change from A -R (Agricultural -Residential) District to GC -MD -2
(General Commercial --Multiple Family Dwelling -2) District with a specific use permit to allow an
assisted living/memory care facility on property located on the east side of Major Drive, just
north of Village Drive subject to the following conditions:
1. Must seek approval from TxDOT for driveway. (Transportation)
2. Parking shall be provided for staff and visitors only. (Transportation)
3. Must pass Environmental Health inspections. (Health)
4. Storm water and drainage system shall be designed for a 100 year flood frequency
with final design being approved by the City and TxDOT.
5. The detention pond shall be maintained by the owner.
6. Provision for an 8' wooden privacy fence where the property abuts residentially
zoned property.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject to the following conditions:
1. Must seek approval from TxDOT for driveway. (Transportation)
2. Parking shall be provided for staff and visitors only. (Transportation)
3. Must pass Environmental Health inspections. (Health)
4. Storm water and drainage system shall be designed for a 100 year flood frequency
with final design being approved by the City and TxDOT.
5. The detention pond shall be maintained by the owner.
6. Provision for an 8' wooden privacy fence where the property abuts residentially
zoned property.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being the east 250 feet out of Tract 82-A, SP -1, H. Williams Survey, Abstract 56, and a 50 foot
wide driveway to Major Drive, Beaumont, Jefferson County, Texas, containing 4.51 acres, more or
less.
THREE WILLOWS LAND DEVELOPMENT, LLC
February l8, 2014
Planning Division, Room .105
City of Beaumont
City Hall, 801 Main Street
Beaumont, 'FX 77701
Re: Zoning Change -- FI valoit llonje'v — North Major Drive
Cifv of Beaumont, Jefferson Corunt}>, Texas
To Whom it May Concern,
This letter is to request the zoning change of 4.5058 acres, out of and part of called 8.66 acres, owned by
Mid -County Teachers Credit Union, City File Number 2001014809. Please see the attached survey for
property description.
Currently the subject property is zoned Agricultural Residential (A -R). We are proposing a zoning change
to General Commercial Multiple -Family Dwelling — 2 District Restriction (GC -MD -2). The reason for the
request is to develop the above stated property with an Assisted Living complex that specializes in Memory
Care.
It is our understanding that the property to the north has been rezoned to GC -MD with the rear one hundred
(100) feet of the property zoned as GC -MD -2 to provide a buffer between the single-family residence. We
wish to continue this pattern, but zone the entire subject property as GC -MD -2, which forces us or any
proposed commercial development that wishes to develop the property to apply for a Specific Use Permit.
With the zoning to the north, it is our opinion that a commercial use will best suit this property in the
future, being situated with frontage along North Major Drive. Our use is a great buffer betweell. single
family residential and commercial tracts. Though our use is considered commercial in nature, it has a
single-family "homey" feel. Our campuses consist of three (3) single story, 12,500 square foot buildings.
These buildings are constructed of 100 percent masonry materials, topped with a pitched and gabled roof
made of composite shingles. With the addition of extensive landscaping, necessary protective measures,
and numerous amenities, the Avalon Memory Care campus is a perfect fit for this property.
Knowing that a Specific Use Permit will be required, the application for the permit will be submitted
concurrently with the zoning change to better help demonstrate and display our intent and use.
Please utilize this letter as a request, along with the application and enclosed d0CLnnent5, to chanLIe the
zoning of the above referenced site from Agricultural Residential to General Commercial Multiple -Family
Dwelline — 2 District Restrictions.
Please feel fi-ee to contact us if you have any questions.
Sincereh,
David Krukiel
THREE WILLOWS LAND DEVELOPMENT, LLC
February 18, 2014
Planning Division, Room 205
City of'Beaumont
City Hall, 801 Main Street
Beaumont. "I a 77701
Re: S/)ecific Use Permit Request —Avalon homes — North Alajor Drive
On, of Beaurnom, Jefferson Counq,, Texas
fo Whom it May Concent.
This letter is to request a Specific Use Permit for 4.5058 acres, out of and part of called 8.66 acres, owned
by Mid -County Teachers Credit Union, City Pile Number 2001014809. Please see the attached survey for
property description.
Currently the subject property is zoned Agricultural Residential (A -R) and we are proposing a zoning
change to General Commercial Multiple -Family Dwelling - 2 District Restriction (GC -MD -2). By
rezoning the property to 6C -MD -2, a specific use permit is required for any development located within
that district. The reason -or the request is to develop the above stated property with an Assisted Living
complex that specializes in Memory Care. In a facility such as this, the use will be compatible with and
not injurious to the use and enjoyment of other surrounding property owners. This use will not diminish or
impair property values sLuY+-ouding the site.
There is G(' -Mt)' Zoning to the north and this specific use of the property will not impede the normal and
orderly development am.] improvements of surroudning properties.
As shown on the attached site plan, we are planning on developing the rear portion of' the parent tract. To
provide adequate access to the property, we are proposing a 24' drive that connects the property to North
Major Drive. ,It is our intent for this drive to allow shared access to serve the other properties. Also,
utilites (water and sanitary sewer) are located within the right of way of North Major Drive. We are
planning to extend utilities., from North Major Drive to the proposed development.
The driveway that is to connect to North Major Drive will be designed and coordinated with the Texas
Department of "Transportation to meet all state requirements for location, arrangement and configuration.
Parking spaces for the development will meet the requirements of the Code of Ordinances and will
generally be located belwaen the buildings to shield or screen them from possible view from Notch Major
Drive.
"There should be no concern regarding nuisance prevention or controlling of offensive oders, fumeS, dust,
noise and vibration as titin Memory Care Center is designed as a residential development for those in need
of care.
An), exterior directional lighting will be situated so as not to disturb or adversely affect neighboring
properties. Additionally, there will be sufficient landscaping and screening as required by the City of
Beaumont on this site.
With the zorino to the fluith, it is our opinion that a commercial use wit( best suit this property in the
future, hcing siniated with frontage along North Major Drive. Our use is a great buffer between singl,,-
family residential and corunereial tracts. Though our use is considered commercial in nature, it has a
single-family "homey" feel. Our campuses consist Ofthree (�j single story, 12,500 square foot buildin s.
These buildings are constructed of 100 percent masonry materials and topped with a pitched and gabled
roof made of coinnposite shingles. Basically, each building is a very large single-family home. With dire
addition o'f' extensive landscaping, necessary protectitie measures, and numerous amenities, the Avatcan
Memory Care campus is t- perfect fit for this property. This assu,-es the City that the proposed use is in
accordance with the Cornprc her.sive Plan.
Please see the attached FA Jbit "A" for a detailed summary of the project, the use and the operations of ilie
proposed project.
---- -- -
11e�s�- Lit rtic airs 7 tie,` -as a rczltr�sr,—afi�n�ith rts��pptrc�acroil anzl-ens ase
Specific tise Permit for tie above referenced site to allow for the development of the Avalon Homes
Memor% Care Developmet.
Please feel free io contact us if you have any questions.
Sincerely,,
David Krui
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 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 OF
PROPERTY PRESENTLY ZONED A -R (AGRICULTURAL -
RESIDENTIAL) DISTRICT TO GC -MD -2 (GENERAL
COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT
OR MORE RESTRICTIVE DISTRICT FOR PROPERTY
LOCATED ON THE EAST SIDE OF MAJOR DRIVE, JUST
NORTH OF VILLAGE DRIVE, BEAUMONT, JEFFERSON
COUNTY, TEXAS, PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 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 28.01.005(b) thereof, is hereby amended by changing the
zoning of property presently zoned A -R (Agricultural -Residential) District to GC -MD -2
(General Commercial -Multiple Family Dwelling -2) District for property located on the East
side of Major Drive, just North of Village Drive, being the east 250 feet out of Tract 82-A,
SP -1, H. Williams Survey, Abstract 56, and a 50 foot wide driveway to Major Drive, City of
Beaumont, Jefferson County, Texas, containing 4.51 acres, more or less, as shown on
Exhibit "A," attached hereto, 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 herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of 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 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2014.
- Mayor Becky Ames -
File 2196 -ZIP: Request fora zone change from A -R (Agricultural -Residential) to GC. -MD
r'(General Commercial -Multiple Family Dwelling -2) District with a specific use permit t
llow an assisted living/memory care facility. 7A
1Location: East side of North Major, just North of Village Drive
Applicant: David Krukiel, Three Willows Land Development, LLC o Too Zoo
1 1 1 f I Feet
EXHIBIT "A"
*Approval subject to the following conditions:
1
3
4
5
6
Must seek approval from TxDOT for driveway. (Transportation)
Parking shall be provided for staff and visitors only. (Transportation)
Must pass Environmental Health inspections. (Health)
Storni water and drainage system shall be designed for a 100 year flood
frequency with final design being approved by the City and TxDOT.
The detention pond shall be maintained by the owner.
Provision for an 8' wooden privacy fence where the property abuts
residentially zoned property.
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*Approval subject to the following conditions:
1
3
4
5
6
Must seek approval from TxDOT for driveway. (Transportation)
Parking shall be provided for staff and visitors only. (Transportation)
Must pass Environmental Health inspections. (Health)
Storni water and drainage system shall be designed for a 100 year flood
frequency with final design being approved by the City and TxDOT.
The detention pond shall be maintained by the owner.
Provision for an 8' wooden privacy fence where the property abuts
residentially zoned property.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW AN ASSISTED LIVING/MEMORY CARE
FACILITY IN A GC -MD -2 (GENERAL COMMERCIAL -
MULTIPLE FAMILY DWELLING -2) DISTRICT ON
PROPERTY LOCATED ON THE EAST SIDE OF MAJOR
DRIVE, JUST NORTH OF VILLAGE DRIVE IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Three Willows Land Development, LLC and Avalon Homes, have
applied for a specific use permit to allow a living/memory care facility in a GC -MD -2
(General Commercial -Multiple Family Dwelling -2) District on property located on the East
side of Major Drive, just North of Village Drive, being the East 250 feet out of Tract 82-A,
SP -1, H. Williams Survey, Abstract 56, and a 50 foot wide driveway to Major Drive,
Beaumont, Jefferson County, Texas, containing 4.51 acres, more or less, as shown on
Exhibit 'A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
an assisted living/memory care facility in a GC -MD -2 (General Commercial -Multiple Family
Dwelling -2) District on property located on the East side of Major Drive, just North of Village
Drive, subject to the following conditions:
• Must seek approval from TxDOT for driveway.
• Parking shall be provided for staff and visitors only.
• Must pass Environmental Health inspections.
• Storm water and drainage system shall be designed for a 100 year flood
frequency with final design being approved by the City and TxDOT.
• The detention pond shall be maintained by the owner.
• Provision for an 8' wooden privacy fence where the property abuts
residentially zoned property.
; 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;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow an assisted living/memory care facility in a GC -
MD -2 (General Commercial -Multiple Family Dwelling -2) for property located on the East
side of Major Drive, just North of Village Drive, being the East 250 feet out of Tract 82-A,
SP -1, H. Williams Survey, Abstract 56, and a 50 foot wide driveway to Major Drive,
Beaumont, Jefferson County, Texas, containing 4.51 acres, more or less, as described in
Exhibit 'A" attached hereto, is hereby granted to Three Willows Land Development, LLC
and Avalon Homes, their legal representatives, successors and assigns, as shown on
Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the
following conditions:
• Must seek approval from TxDOT for driveway.
• Parking shall be provided for staff and visitors only.
• Must pass Environmental Health inspections.
• Storm water and drainage system shall be designed for a 100 year flood
frequency with final design being approved by the City and TxDOT.
• The detention pond shall be maintained by the owner.
• Provision for an 8' wooden privacy fence where the property abuts
residentially zoned property.
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.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2014.
- Mayor Becky Ames -
File 2196-Z/P: Request for a zone change from A -R (Agricultural -Residential) to GC -]WD
27 (General Commercial -Multiple Family Dwelling -2) District with a specific use permit ti
allow an assisted living/memory care facility.
Location: East side of North Major, just North of Village Drive
Applicant: David Krukiel, Three Willows Land Development, LLC 0 100 200
I t I I Feet
EXHIBIT "A"
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*Approval subject to the following conditions:
I • Must seek approval from TxDOT for driveway. ('Tra:asportation)
— Parking shall be provided for staff and visitors only. (Transportation)
3, Must pass Environmental Health inspections. (Health)
4. Storm water and drainage system shall be designed for a 100 year good
frequency with final desi,(n being approved by the Ci %f and TxDOT.
5. The detention pond shall be maintained by the owner.
d. Provision for an 8' wooden privacy fence where the property abuts
residentially zoned property.
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EXHIBIT "g
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*Approval subject to the following conditions:
I • Must seek approval from TxDOT for driveway. ('Tra:asportation)
— Parking shall be provided for staff and visitors only. (Transportation)
3, Must pass Environmental Health inspections. (Health)
4. Storm water and drainage system shall be designed for a 100 year good
frequency with final desi,(n being approved by the Ci %f and TxDOT.
5. The detention pond shall be maintained by the owner.
d. Provision for an 8' wooden privacy fence where the property abuts
residentially zoned property.
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EXHIBIT "g
2
March 25, 2014
Consider an ordinance approving a specific use permit to allow a second dwelling unit on property
zoned RS (Residential Single Family Dwelling) District at 8520 Spurlock Road
RICH WITH OPPORTuNurY
r
T E - X - A S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
�')
PREPARED BY: Chris Boone, Director of Planning and Community
Development
MEETING DATE:
March 25, 2014
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
to allow a second dwelling unit on property zoned RS
(Residential Single Family Dwelling) District at 8520
Spurlock Road.
BACKGROUND
Dr. Deiparine is requesting a specific use permit.
The applicant recently built a barn behind his residence located on his nine acre tract of property.
The 4,500 sq. ft. building includes a storage area and a game room. Dr. Deiparine is requesting
this specific use permit to also allow a living unit in this accessory structure for family members.
At a Joint Public Hearing held March 17, 2014, the Planning Commission recommended 8:0 to
approve a specific use permit to allow a second dwelling unit on property zoned RS (Residential
Single Family Dwelling) District at 8520 Spurlock Road with the following condition:
1. The second dwelling unit will not be leased.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance with the following condition:
1. 'The second dwelling unit will not be leased.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being The East 544.9 feet of Lot 16 and the West 15 feet of Lot 17, Block 2, Pearl Acres, Beaumont,
Jefferson County, Texas, containing 9.62 acres, more or less.
Mr CHRIS BOONE
Thank your assistance and help in reviewing this matter. The eight specific conditions
required in your specific use permits should be addressed in the following response. Let
me know if there is anything further we need to do to help you in your review of the
project (Dr. Caesar's Deiparine, single family dwelling residential.. barn & game room to
barn in-law suite). Dr Deiparine's twin brother whom is also a Dr. has recently moved to
Beaumont and joined Caesar's medical practice at SETMA. They are very family
oriented and would like to be able to use the structure as living quarters so they may be
close but also have some privacy. For this reason we are applying for a change in the use
of the original permit to allow for a in-law suite in place of the original game room.
Please find attached a copy of the site plan & survey, original floor plan, revised floor
plan and elevations of the project.
1. The specific use will is compatible with and not injurious with the use and
enjoyment of the other surrounding property or their values. The new building
will house boats & lawn equipment as well as in-law quarters.
2. The establislmlent of the specific use will in no way impede the normal and
orderly development and improvement of surrounding vacant property. The new
structure will be in keeping with type and style of construction in the immediate
area (metal building with brick wainscoting).
_ .
The existing water and sewer utilities are adequate service to barn.
The design, location and arrangement of widened entrance will improve access
for vehicles Mild the ability to tum around and dive (ilii ',vid1 zecrcaunrial ailet'S.
I ne neve; str„ct-Ure will allow the client to Soe tl,_Ei ii L`"cr.-ca,ional t
eCl linn;ent c.ui of weather and in a secure
vv zl t "'CH, 1. ,_ . 3 .. iIt1 11.7.0 bn1 l}I1LE1siv _-
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:..-�Pit1£t,
_ JAMIE HOSKINSON (OWNER) GENERAL CONTRACTOR
P.O. BOX 7707 BEAUMONT, TX 77726 jamie@mrtcontracting.com
CELL (409) 790-9228 FAX (409) 924-7953
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A SECOND DWELLING UNIT ON
PROPERTY ZONED RS (RESIDENTIAL SINGLE FAMILY
DWELLING) DISTRICT AT 8520 SPURLOCK ROAD IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Dr. Ceasar Deiparine has applied for a specific use permit to allow a
second dwelling unit on property zoned RS (Residential Single Family Dwelling) District at
8520 Spurlock Road, being the East 544.9 feet of Lot 16 and the West 15 feet of Lot 17,
Block 2, Pearl Acres, Beaumont, Jefferson County, Texas, containing 9.62 acres, more or
less, as shown on Exhibit "A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a second dwelling unit on property zoned RS (Residential Single Family Dwelling) District
at 8520 Spurlock Road, subject to the following condition:
and,
The second dwelling unit will not be leased.
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;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a second dwelling unit on property zoned RS
(Residential Single Family Dwelling) District at 8520 Spurlock Road, being the East 544.9
feet of Lot 16 and the West 15 feet of Lot 17, Block 2, Pearl Acres, Beaumont, Jefferson
County, Texas, containing 9.62 acres, more or less, as described in Exhibit "A," attached
hereto, is hereby granted to Dr. Ceasar Deiparine, his legal representatives, successors
and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all
purposes, subject to the following condition:
• The second dwelling unit will not be leased.
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.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2014.
- Mayor Becky Ames -
'ile 2199-P: Request for a specific use permit to allow a second dwelling unit on propert
oned RS (Residential Single family Dwelling) District.
,ocation: 8520 Spurlock Road
,pplicant: Dr. Ceasar Deiparine
0 500 1,000
I I I I : eet
EXHIBIT "A"
9
FJ Isl 2
_Approval with the following condition: - - - - - - _--
1. The second d XC-Iling unit will not be leased.
C orT1 iQ �T� 1
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� F,520SPURLO(:6RD. BEAUMONT —-- -
10B4IMRT201,M EXHIBIT "B"
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_Approval with the following condition: - - - - - - _--
1. The second d XC-Iling unit will not be leased.
C orT1 iQ �T� 1
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10B4IMRT201,M EXHIBIT "B"
March 25, 2014
Consider an ordinance approving a specific use permit to allow health screening services in an
RCR-H (Residential Conservation and Revitalization -Historic) District at 2263 North Street
RICH WITH OPPORTUNI`PY
11 rk1c,
► [I I I C1 I I"(
T - E - X - A - S
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, �irector of Planning and Community
Development
MEETING DATE: March 25, 2014
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
to allow health screening services in an RCR-H (Residential
Conservation and Revitalization -Historic) District at 2263
North Street.
BACKGROUND
Tanya Freeman with MW Clinical Research is requesting a specific use permit.
MW Clinical Research is a privately owned facility that provides clinical trials. Pharmaceutical
companies rely on such centers to test new medications before applying to the FDA for permission
to market the medication.
Activities to be conducted at this location may include completion of questionnaires, collection of
vital signs and labs and dispensing of study medications. As this is an existing office building in
Old Town and no construction is proposed, a waiver of the landscaping/screening requirements is
recommended.
At a Joint Public Hearing held March 17, 2014, the Planning Commission recommended 8:0 to
approve a specific use permit to allow health screening services in an RCR-H (Residential
Conservation and Revitalization -Historic) District at 2263 North Street with a modification to the
landscaping/screening requirements (no additional landscaping or screening requirements
along the south, east and west property lines).
FUNDING SOURCE-
Not
OURCENot applicable.
RECOMMENDATION
Approval of ordinance -with a modification to the landscaping/screening requirements (no additional
landscaping or screening requirements along the south, east and west property lines).
AAWG R C_ I
February 21, 2014
City of Beaumont
Planning Division
801 Main Street, Room 201
Beaumont, TX 77701
Subject: Specific Use Permit Application
MW Clinical Research Center is a privately owned, multi -therapeutic medical
research facility fully dedicated to providing efficient and high quality Phase II -IV
clinical trials. The company has been in business since August 2003 and
currently employs 2 full-time Certified Clinical Research Coordinators and 1
contracted physician.
The company's goal is the advancing of medicine through the discovery of new
therapies in a wide variety of therapeutic areas. Our commitment is to provide
sponsoring pharmaceutical companies with high quality data by devoting
attention to patient safety and clean data collection and management.
All research activities are conducted in strict accordance to FDA regulations and
under review of aopropriate Institutional Review Boards. All staff members are
fully trained and experienced with human subject protection regulations (21 CFR
Parts 50 and 56) as well as good clinical practice regulations (21 CFR Part 312)
and standards for the conduct of clinical studies.
OVERVIEW OF CLINICAL RESEARCH ACTIVITIES:
Pharmaceutical companies must test new medications before applying to the
FDA for permission to market the medication and make it available to the public.
In clinical trials, or medical research studies, volunteers receive investigational
medications or inactive placebo while researchers closely monitor their safety
and progress.
Research studies are conducted in the following four phases:
• Phase I — tests the safety of the new medication in healthy people
• Phase 11 — tests the effectiveness of the new medication in people who
have the medical condition
• Phase III — tests the safety and effectiveness of the new medication in a
larger number of people with the condition
• Phase IV — tests the medication after it has received FDA approval and is
available to the public
Protecting Studv Participants:
In remaining compliant with all FDA regulations, the research team must also be
committed to conducting studies in compliance with Good Clinical Practices
(GCP) which is the industry's quality standard designed to protect the rights,
safety and wellbeing of the volunteers while they participate in the study. Good
Clinical Practices are implemented in the designing, conducting, recording and
reporting of all research activities.
To protect the safety of the study volunteers, the research team must do the
following.-
Follow
ollowing:Follow the study protocol which is a detailed plan or guidebook developed
by the pharmaceutical company explaining all study procedures and the
overall conduct of the trial
Explain the study to the potential participants and completely answer all
questions
- Have the study reviewed by an Institutional Review Board or Ethics
Committee
Rights of Study articipants:
All volunteer participants in research studies have the right to:
- A signed/dated copy of their Informed Consent Form, which is a document
that provides all study -related details and is provided to the volunteer prior
to study entry
- Adequate information about the study such as the reason the study is
being conducted, the risks and benefits involved and details about the
study treatments
- Understand the "pros" and "cons" of alternative treatment options,
including standard medical treatment
- Carefully consider the decision to participate and take as much time as
needed to make the decision to participate
- Decide not to participate, withdraw from the study at any time or stop
participation for any reason
DAILY OPERATIONS AT SITE:
Hours of operation will be 9.00am — 5:00pm Monday through Friday, closed on
Saturday and Sunday. Study visits are made by appointment only. Visit
schedules for study participants vary depending on the study protocol and may
be weekly visits, monthly visits or quarterly visits.
Procedures done at study visits include questionnaires, collection of vital signs
and study specific labs, ECG recordings and dispensing of study medication.
Participants are recruited from the community through physician referrals or
advertisements (TV. radio, newspaper). All participants are pre-screened and
must meet strict eligibility criteria outlined in the study protocol prior to enrolling in
any research study.
SPECIFIC USE OF PROPERTY:
There will be no c!nange to land or property use as a result of the establishment
of this business. The external structure of the environment will remain unchanged
except for a small business sign affixed to the front of the building to include the
business name.
The following conditions will be met during use of the property-
- The specific proposed use of the property will remain compatible with the
use and enjoyment of other property and will not diminish or impair
property value in the immediate vicinity
- The proposed use of the property will not impede normal and orderly
development/improvement of surrounding vacant property
- There are adequate utilities, access roads and drainage provided
- The design, location and arrangement of all driveways and the provision of
20 private parking spaces located behind the property provides for safe
and easy movement of both vehicular and pedestrian traffic without any
effect on neighboring properties
- There will be no nuisance due to the specified use of the property resulting
in any odor, fumes, noise, etc.
- Any lighting used will not disturb or affect neighboring properties in any
way
- The landscaping of the property will remain unchanged and is
harmoniously compatible with neighboring properties
Sincerely,
Tanya Freeman, 131S, CCRC, CCRP
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW HEALTH SCREENING SERVES IN AN
RCR-H (RESIDENTIAL CONSERVATION AND
REVITALIZATION -HISTORIC) DISTRICT AT 2263 NORTH
STREET IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS, Tanya Freeman, on behalf of MW Clinical Research, has applied for
a specific use permit to allow health screening services in an RCR-H (Residential
Conservation and Revitalization -Historic) District at 2263 North Street, being all of Lot 10,
the West '/2 of Lot 0 and the East 10 feet of Lot 11, Block 5, Averill Addition, Beaumont,
Jefferson County, Texas, containing 0.17 acres, more or less, as shown on Exhibit "A,"
attached hereto; arid,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
health screening services in an RCR-H (Residential Conservation and Revitalization -
Historic) District at 2263 North Street, with a modification to the landscaping/screening
requirements (no additional landscaping or screening requirements along the south, east
and west property lines); 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;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow health screening services in an RCR-H
(Residential Conservation and Revitalization -Historic) District at 2263 North Street, being
all of Lot 10, the West Y2 of Lot 9 and the East 10 feet of Lot 11, Block 5, Averill Addition,
Beaumont, Jefferson County, Texas, containing 0.17 acres, more or less, as shown on
Exhibit 'A," attached hereto, is hereby granted to MW Clinical Research, its legal
representatives, successors and assigns, as shown on Exhibit "B," attached hereto and
made a part hereof for all purposes, with a modification to the landscaping/screening
requirements (no additional landscaping or screening requirements along the south, east
and west property lines).
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,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2014
- Mayor Becky Ames -
File 2198-P: Request for a specifc use permit to allow health screening services in an N
IRCR-H (Residential Conservation and Revitalization-Historic) District.
Location: 2263 North Street
Applicant: Tanya Freeman
0 100 200
1 1 1 1 Feet
EXHIBI-r "A"
EXHIBIT "B"
11
March 25, 2014
Consider an ordinance approving a specific use permit to allow a cellular tower in a GC -MD
(General Commercial -Multiple Family Dwelling) District at 7510 Tolivar Road
RIGH WITH OPPORTUNITY
[11EIA,[111(l
T- E- X- A- S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
t x)42
PREPARED BY: Chris Boone, Director of Planning and Community
Development
MEETING DATE: March 25, 2014
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
to allow a cellular tower in a GC -MD (General
Commercial -Multiple Family Dwelling) District at 7510
Tolivar Road.
BACKGROUND
Jeannie Gurley with Proteus -Services on behalf of Banah Partners is requesting a specific use
permit.
The applicant would like to construct a 180' monopole cellular tower on property that is owned by
Banah Partners. Chn1stus St. Elizabeth Medical Group currently has a facility located on the
northeast portion of the property.
Ms. Gurley states that a new cell site location is necessary to provide coverage to their customers.
The new tower will improve network coverage for Verizon Wireless customers in the Beaumont
area. Due to customers depending on wireless more and more each day for calls and data service,
Proteus is committed to providing a reliable wireless network.
At a Joint Public Hearing held March 17, 2014, the Planning Commission recommended 8:0 to
approve a specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple
Family Dwelling) District at 7510 Tolivar Road with the following condition:
1. Provide buffer landscaping/screening around the perimeter of the lease site.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject to the following condition:
1. Provide buffer landscaping/screening around the perimeter of the lease site.
proteus
v(r
February 17, 2014
To: City of Beaumont Planning Commission and City Council
Re: Proposed Verizon Wireless Cellular Tower SUP Application
Distinguished members of the Beaumont Planning Commission and City Council,
Verizon Wireless currently has a need for a wireless communications facility in the City of Beaumont. In our
effort to provide the best wireless service in the area, Verizon Wireless, the nation's most reliable wireless
network, is expanding their network in the Beaumont, TX, community. This new proposed cell site is
necessary in order to ensure that Verizon Wireless' can continue to meet the growing demands for the
company's popular voice and data services, including the new 4G LTE and more. The proposed tower would
fill a coverage gap in this area and will resolve our customer's need for adequate and consistent coverage.
The new tower facility will be integrated into the existing network so it can transmit, receive, and offload calls to
and from other towers without interference.
Why in Beaumont? The new cell site location will help us provide coverage to our customers. Daily business
commuters and residents will find improved network coverage in the Beaumont Area.
- The new cell site is part of Verizon Wireless' continued effort to increase capacity and enhance the quality of
its wireless voice and data network in the area. The new cell site would also help strengthen reliability and
boost capacity for wireless callers and data users across the area
- Benefits: Our customers are depending on Verizon Wireless more and more each day for regular wireless
calls as well as advanced wireless data services, and this project is part of our overall commitment to providing
customers with the most reliable and advanced wireless network. This includes e-mails, everyday corporate
data, the internet and more at faster speeds, including file uploads up to five to six times faster than before.
Property: The subject property is located at 7510 Tolivar Rd; Beaumont, TX, 77713. The cell tower facility will
be owned and operated by Verizon Wireless. The proposed monopole tower would be 180' with an overall
height of 191' including the lightning rod, in a 40'x40' fenced compound. The proposed cell tower location has
been designed to meet the required setback from residential properties and away from any major subdivisions.
The property is zoned GC -MD.
Supporting Documents Attached For Review:
Specific Use Permit Application
Appraisal District Property Information
Final Survey
Architectural Drawings
Site Plan and Tower Elevation
Photos of the Proposed Tower Location Including: View from Proposed Compound Outward -North, South,
East and West; Ingress and Egress; Telco, Power, and Aerial Photo
Zoning Ordinance Eight Conditions Requirements
P.O. Box 550241 - Houston, Texas - 77255-0241
832-596-5174 Phone - 832-202-2679 Fax
Irr
proteus
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.
The proposed cell tower will be compatible with, and not injurious to, the use and improvement of other
properties due to the fact it is located at the rear of a commercially zoned property fronting Hwy 105
between a doctor's office and an Exxon gas station. The proposed cell tower is located directly adjacent
to the physical plant utilities enclosure (see attached photos) for the building on the parent parcel.
2) That the establishment of the specific use will not impede the normal and orderly development
and improvement of surrounding vacant property.
The proposed Cell Tower will not prevent any further development of surrounding vacant properties. All
surrounding and adjacent properties are commercially zoned. The proposed compound is small and
would be limited to a srr4l spot on the back rear of the parent parcel with no access or utility
easements that encroach on surrounding properties.
3) That adequate utilities, access roads, drainage, and other necessary supporting facilities have
been or will be provided.
All utilities and other supportive facilities necessary for our proposed cell tower are already in place
inside the existing utilities Right of Way along Tolivar Road adjacent to the proposed compound
location. The proposed access driveway into the compound will utilize a culvert placed into the
drainage ditch running along Tolivar Rd. The proposed compound will be constructed such that any
ground water will drain into the existing drainage ditch on Tolivar Rd. via the existing drainage swale on
the subject parcel (as noted on page 2 of the attached drawings).
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 development.
There will be only one driveway going into the compound and will have minimal vehicular and
pedestrian traffic at the proposed cell tower with the exception of construction.
5) That adequate nuisance prevention measures have been or will be taken to prevent or control
offensive odor, fumes, dust, noise and vibrations.
There will be no offensive odor, fumes, dust, noise and vibrations at the proposed cell tower (excepting
construction) with the exception of the generator which is engaged only when power is lost at the site
and/or during very short: self -start cycles periodically.
6) That directional lighting will be provided so as not to disturb or adversely affect neighboring
properties.
The proposed cell tower will be 180' and the FAA does not require it to be lit as it is under 200'. There
will be a small light placed on the equipment platform in order to facilitate nighttime maintenance of the
site if needed.
7) That there are sufficient landscaping and screening to insure harmony and compatibility with
adjacent property.
There will be a fenced -in compound for the proposed cell tower. There were no landscaping -specific
requirements noted in the city ordinance for cell towers.
P.O. Box 550241 • Houston, Texas • 77255-0241
832-596-5174 Phone • 832-202-2679 Fax
Proteus
rr
8) That the proposed use is in accordance with the Comprehensive Plan.
As the City of Beaumont is a progressive, proactive, and pro-business community that prioritizes quality
economic development. this state of the art facility is specifically located to provide valuable and
needed wireless and data coverage to both businesses and residents in this area. Additionally, this
District Center would greatly benefit from Verizon Wireless building the proposed cell tower to add
adequate emergency 9,11 services and more advanced wireless data services.
Please review the enclosed materials, and at your earliest convenience let me know if you need any further
documents or information to place this application on the next available agenda.
Sincerely,
9eu
e Gurley
s -Services
Site Acquisition Administrator
P.O.Box 550241
Houston, Texas 77225-0241
713-818-6421 Direct
832-202-2679 Fax
vqr
proteus
P.O. Box 550241 • Houston, Texas • 77255-0241
832-596-5174 Phone • 832-202-2679 Fax
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A CELLULAR TOWER IN A GC -MD
(GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING)
DISTRICT AT 7510 TOLIVAR ROAD IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Banah Partners, on behalf of Verizon Wireless, has applied for a
specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple
Family Dwelling) District at 7510 Tolivar Road, as described in Exhibit "A" and shown on
Exhibit "B," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District at 7510
Tolivar Road, subject to the following condition:
and,
• Provide buffer landscaping/screening around the perimeter of the lease site.
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,
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a cellular tower in a GC -MD (General
Commercial -Multiple Family Dwelling) District at 7510 Tolivar Road, as described in Exhibit
"A" and shown on Exhibit "B," attached hereto, is hereby granted to Banah Partners, on
behalf of Verizon Wireless, its legal representatives, successors and assigns, as shown
on Exhibit "C," attached hereto and made a part hereof for all purposes, subject to the
following condition
• Provide buffer landscaping/screening around the perimeter of the lease site.
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 "C"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2014.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
A METES & BOUNDS description of a certain 0.0367 acre tract of land situated in the D. Easley
Survey, Abstract No. 20 in Jefferson County, Texas, being out of a called 4.402 acre tract of land
conveyed to Banah Partners, Ltd. By Warranty Deed with Assumption recorded in Clerk's File No.
2003053290 of the Jefferson County Official Public Records, said 0.0367 acre tract being more
particularly described- as follows with all bearings being based on the Texas Coordinate System,
South Central Zone, NAD 83;
COMMENCING at a found concrete monument in the west right-of-way line of N. Major Drive
recorded in Clerk's File volume 1686 Page 215 of the Jefferson County Deed Records, and north
occupied right-of-wa_,, line of Tolivar Road (no dedication found on record), from which a found
concrete monument bears North 02'32'02" West. 233.39 feet,
THENCE, South 87"0441" West, 354.15 feet along the north occupied right-of-way line of said
Tolivar Road and south line of said 4.402 acre tract to a point, from which a found 'i, -inch iron rod
(tiN Ith cap stamped Cotton Surveying Company) bears South 87'04'41" West. 264.94 feet:
THENCE, North 02'51'54" West, 17.64 feet, to a set 5/8 -inch iron rod ( with cap stamped cotton
Surveying company) for the POINT OF BEGINNING of the herein described 0.0367 acre tract of
land,
THENCE, North 02'51'54" West, 40.00 feet to a set 5/8 -inch iron rod (with cap stamped cotton
Surveying Company) for corner.
TI-IENCE.. North 87'08"06" East, 40.00 feet to a set 5/8 -inch iron rod (with cap stamped Cotton
Surveying Company) for corner;
THENCE. South 02'51'54" East. 40.00 feet to a set 5/8 -inch iron rod (with cap stamped Cotton
Surveying Company) for corner.
THENCE, South 87'04'41" West, 40.00 feet, to the POINT OF BEGINNING. CONTAINING
0.0367 acres of land irl, Jefferson County, Texas, as shown on Drawing No. 8107 in the office of
Cotton Surveying in Houston, Texas.
EXHIBIT "A"
File 2197-P: Request for a specific use permit to allow a cellular tower in a GC. -.W
4'General Commercial -Multiple Family Dwelling) district.
Location- 7510 Tolivar Road
IFkpplicant: Jeannie Gurley, vvith Proteus — Services on behalf of Banah Partners
0 100 200
I I '�eet
EXHIBIT "B"
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March 25, 2014
Consider a resolution approving the award of a bid to Brystar Contracting, Inc. of Beaumont for
the Washington Boulevard Pavement and Drainage Improvement Project Phase I (Amarillo to
Martin Luther King Parkway)
RICH WITH OPPORTUNITY
11EA11[111C111
T • E • % • A • S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
V9
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: March 25, 2014
REQUESTED ACTION: Council consider a resolution approving the award of a bid
to Brystar Contracting, Inc. of Beaumont in the amount of
$16,478,838.95 for the Washington Boulevard Pavement
and Drainage Improvement Project Phase I (Amarillo to
Martin Luther King Parkway).
BACKGROUND
Four bids were received on March 13, 2014 for the Washington Boulevard Project from Amarillo
to Martin Luther King Parkway (Phase I) project. Included in the project is the widening of the
street to provide a continuous center left turn lane, replacement of water and sanitary sewer lines,
upgrading storm water conveyances and five (5) foot sidewalks on both sides of the street.
The bid totals are shown below with the unit cost tabulation attached.
Contractor
Location
Bid
Brystar Contracting, Inc
Beaumont
$16,478,838.95
ALLCO Ltd
Beaumont
$17,216,002.54
APAC-Texas, Inc.
Beaumont
$18,769,582.89
Reytec Construction Resources, Inc.
Houston
$18,814,728.50
The contract time for completion of this project is 540 calendar days. Brystar plans to subcontract
11 % of the project to certified MBE/HUB companies.
FUNDING SOURCE
Beaumont Municipal Airport Oil and Gas Revenues.
RECOMMENDATION
Approval of resolution.
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RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to Brystar Contracting,
Inc., of Beaumont, 'Texas, in the amount of $16,478,838.95 for the Washington Boulevard
Pavement and Drainage Improvement Project Phase I (Amarillo to Martin Luther King
Parkway).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2014.
- Mayor Becky
Ames -
March 25, 2014
Consider an ordinance authorizing the participation by the City of Beaumont with other Entergy
"Texas service area cities in matters concerning Entergy before the Public Utility Commission of
Texas and the Federal Energy Regulatory Commission in 2014
RICH WITH OPPORTUNITY
11 ILI
. [I 1�1 C1 I
T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tyrone E. Cooper, City Attorney
March 25, 2014
REQUESTED ACTION: Council consider an ordinance authorizing the participation
by the City of Beaumont with other Entergy Texas service
area cities in matters concerning Entergy before the Public
Utility Commission of Texas and the Federal Energy
Regulatory Commission in 2014.
RECOMMENDATION
Administration recommends approval of an ordinance authorizing the City of Beaumont's
participation with other Entergy Texas service area cities in matters concerning Entergy before
the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in the
year 2014.
BACKGROUND
The City of Beaumont is statutorily given the responsibility of exclusive original jurisdiction
over the rates, operation and services of Entergy Texas, Inc. (ETI), which provides electric utility
services in the City of Beaumont. To ensure that ETI is providing fair, just and reasonable rates
and efficient services to the area, the City of Beaumont continually assesses the ongoing efforts
of ETI in the services it provides to the citizens of Beaumont. This is accomplished primarily
through the combined efforts of the cities in the Entergy service area with similar jurisdictional
responsibilities.
It is anticipated that ETI will initiate various proceedings in 2014 either before the service area
cities, the Public Utility Commission of Texas or the Federal Energy Regulatory Commission.
With the completion of the transition to the Midwest Independent System Operator (MISO) and
the expedited termination of its system operating agreement, it is expected that ETI will file a
rate case to modify its schedules and tariffs to reflect its operations as a stand alone utility.
Entergy is also expected to file fuel factor proceedings and other fuel proceedings at the Public
Utility Commission this year to reconcile fuel, to refund or surcharge fuel charges and to change
the fuel mechanism together with various surcharge requests which would impact rates. In order
to maintain fair, just and reasonable rates and efficient services to the rate payers, it is critical that
the cities participate in these various proceedings.
The proposed ordinance allows the City of Beaumont to continue its participation as a member of
the Steering Committee of cities within the ETI service area to monitor the operation and
services provided by ETI to the citizens of Beaumont. The ordinance also authorizes the hiring
of utility consultants and lawyers through the Steering Committee to facilitate the efforts of the
service area cities.
BUDGETARYIMPACT
The reasonable expenses associated with rate related matters are reimbursable by the company
pursuant to the Public Utility Regulatory Act of Texas.
ORDINANCE NO.
A ORDINANCE OF THE CITY COUNCIL OF BEAUMONT,
TEXAS, AUTHORIZING PARTICIPATION WITH OTHER
ENTERGY SERVICE AREA CITIES IN MATTERS
CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC
UTILITY COMMISSION OF TEXAS AND THE FEDERAL
ENERGY REGULATORY COMMISSION IN 2014
WHEREAS, Entergy Texas, Inc.'s ("ETI") implementation of customer choice has
ceased due to Senate Bill 1492 and ETI will continue to be regulated; and,
WHEREAS, changes to the Public Utility Regulatory Act addressing rates and rate
proceedings will have a direct impact on ETI and customer bills during the year and into
the future; and,
WHEREAS, ETI is scheduled to litigate requests in various proceedings before the
Public Utility Commission, before municipalities, or before the Federal Energy Regulatory
Commission in 2013 related to ETI's proposal to integrate with the Midwest Independent
System Operator ("MISO"), ETI's commitment to exit the Entergy System Agreement on
an expedited basis, various fuel cost refunds or surcharges and reconciliations, capacity
cost surcharges and reconciliations; and for any type of incremental base rate adjustment
proceedings (such as a transmission cost recovery rider, a distribution cost recovery rider,
energy efficiency cost recovery factor, hurricane restoration cost or offset true -ups, or a
purchased power capacity cost recover rider) or cost allocation adjustments; and,
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility
Commission in February and August 2014, and file other fuel proceedings during 2014 to
reconcile fuel, to refund or surcharge fuel charges, and to change the fuel mechanism,
along with various surcharge requests impacting rates; and,
WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in
association with its Energy Efficiency Plan as well as reconcile past costs; and,
WHEREAS, Cities have the statutory right to set fair and reasonable rates for both
the Company and customers within Cities; and,
WHEREAS, Cities have original jurisdiction over rates, operations, and services of
an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.001; and,
WHEREAS, Cities have standing in each case before the Public Utility Commission
of Texas that relates to an electric utility providing service in the municipality pursuant to
TEx. UTIL. Code § 33.025, and standing before each Federal Energy Regulatory
Commission case in which the City may be affected pursuant to 18 C.F.R. § 385.214; and,
WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable
rate case expenses to participate in cases that are deemed rate proceedings pursuant to
Tex. Util. Code § 33.023;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
SECTION 1 The City of Beaumont shall participate with other Cities to intervene
in ETI's various rate filings related to the various fuel cost surcharges and reconciliations,
capacity cost surcharges and reconciliations, the allocation and refund of rough production
cost equalization payments, any interim or incremental surcharge proceedings or
surcharge adjustments, and for any base rate adjustment proceedings or cost of service
adjustments on file with the Public Utility Commission or with municipalities in 2014 and
seek appropriate regulatory scrutiny in any case on file at the Federal Energy Regulatory
Commission affecting the City and its residents.
The City of Beaumont shall participate with other Cities to intervene in fuel or fuel
related proceedings at the Public Utility Commission and the Federal Energy Regulatory
Commission on files in 2014 concerning ETI's rates charged to Texas customers.
All such actions shall be taken pursuant to the direction of the Cities' Steering
Committee. Cities' Steering Committee shall have authority to retain rate consultants and
lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the
above proceedings. 'The Steering Committee is directed to obtain reimbursement from ETI
of all reasonable expenses associated with participation in said proceedings.
SECTION 2.. This Ordinance shall be effective from and after the date of its
passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this 25th day of March,
2014.
- Mayor Becky Ames -
ATTEST:
City Secretary
APPROVED AS TO FORM:
* Receive comments on the Public Services,
Public Facilities and Improvements line
items of the Consolidated Grant Program's
2014 Annual Action Plan
BERUMON��
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
BACKGROUND
City Council Agenda Item
City Council
Kyle Hayes, City Manager
6'1�
Chris Boone, Planning & Community Development
Director
March 25, 2014
Council conduct a Public Hearing to receive comments on
the Public Services, Public Facilities and Improvements
line items of the Consolidated Grant Program's 2014
Annual Action Plan.
As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council
has conducted public hearings and work sessions in previous years prior to adopting the City's
Annual Action Plan. Community Development Staff, along with the Community Development
Advisory Committee (CDAC), hosted Public Hearings in order to receive public comments on
the process and activities related to the Preliminary 2014 Annual Action Plan. Attached is the
proposed Preliminary Budget for the 2014 Program Year.
The proposed Preliminary Budget reflects allocations of $1,307,397 in Community Development
Block Grant (CDBG) funding, an estimated $100,000 in Program Income and $404,482 in
HOME funding. Prior to its submission to HUD for approval, City Council will consider
adopting the final Draft of the Annual Action Plan on or about April 29, 2014.
FUNDING SOURCE
U.S. Department of Housing and Urban Development (HUD) Community Development Block
Grant and HOME Investment Partnership grant funds.
RECOMMENDATION
Council conduct the Public Hearing.
2014 HUD CONSOLIDATED GRANT PROGRAM
Preliminary
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2014
Budi~et
CLEARANCE AND DEMOLITION 65,000
Funds will be used to demolish unsafe, unsanitary and uninhabitable residential structures
located in low to moderate income areas.
HOUSING
Rehabilitation Administration 35,918
MINOR REPAIR 40,000
Funds will be used for the minor repair of approximately four homes at a maximum of $10,000 each and to pay for
cost estimates, lead -base clearance testing and repairs. The funding will be used to assist low/moderate
income persons, primarily elderly and disabled.
PUBLIC FACILITY & IMPROVEMENT 820,000
Section 108 Loan Repayment for:
Hotel Beaumont; Jefferson Theater; Theodore R. Johns, Jr. Library; L.L. Melton YMCA
PUBLIC SERVICES 65,000
Public service Organizations
Funds will be used for administrative and operating costs for various public service organizations that
provide services to low/moderate income citizens.
ADMINISTRATION 281,479
Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution,
and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program.
TOTAL ENTITLEMENT 1,307,397
Program Income 100,000
Small Business Loan
Historic Preservation Loan Fund
Clearance and Demolition
*Program Income is Estimated
TOTAL CDBG 1,407,397
Page 1 of 2
2014 HUD CONSOLIDATED GRANT PROGRAM
Preliminary
2014
HOME Budget
AFFORDABLE HOUSING PROGRAM
Funds will be awarded to a non-profit housing development organization that will assist low/moderate
income families in the process of acquiring a home (down payment assistance/closing costs, and mortgage
buy downs).
HOME ADMINISTRATION 40,449
CHDO OPERATING (5%) 20,224
(Community Housing Development Organization Operating)
CHDO RESERVE (15%) 60,672
(Community Housing Development Organization Reserve)
ENTITLEMENT (70%) 283,137
TOTAL HOME 404,482
As of 3/18/1