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Home My WebLink AboutPACKET AUG 23 2011 Alex QITU OrVORTUNIlt BE&M-m N* T • g + I # A • B REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 23,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—August 16,2011 * Confirmation of committee appointments A. Approve annual contracts for the purchase of traffic marking materials B. Approve a three-year contract for grounds maintenance and litter removal for the Central Business District C. Approve an annual contract for work uniforms D. Approve Change Order No. 2 for the Event Center Parking Lots Improvement Project E. Authorize the City Manager to request that the Texas Department of Transportation remove the US 90 designation between IH-10 at College Street and IH-10 at the Downtown Exit F. Authorize eminent domain proceedings to acquire property(vacant land on Old Sour Lake Road—Tract 77) for the Municipal Airport Project RICH WITH OPPORTUNITY A 91 * BEAUMOn T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: August 23, 2011 REQUESTED ACTION: Council consider awarding annual contracts for the purchase of traffic marking materials. RECOMMENDATION Administration recommends the award of annual contracts to various vendors which are included in the attached bid tabulation. The estimated total amount of these contracts is $531,143. BACKGROUND Bids were solicited and received from eleven(11) vendors for an annual contract to purchase a variety of traffic marking materials on an as needed basis. These materials are used by Streets and Drainage for street maintenance and for production and installation of street signs. The specifications divide products into eight(8) sections, including vinyl reflective sheeting, sign hardware,pavement marking paint, sign posts, sign blanks, sign faces, traffic control equipment and finished signs. Specifications require that full sections are awarded to the lowest overall bidder, who bids the entire section and complies with the required specifications. All recommended vendors have previously held portions of these contracts. There are no local vendors who supply these products. Contracts are recommended as follows: Section Vendor Est. Total Price Sign Blanks Vulcan Signs, Inc. of Foley, AL $45,771.95 Sign Faces Vulcan Signs,Inc. of Foley,Al $20,257.25 Finished Signs Vulcan Signs, Inc. of Foley,AL $55,980.00 Sheet Materials Pathmark, Inc. of San Marcos, TX $73,475.00 Sign Posts&Hardware Allied Tube, Inc. of Harvey, IL $258,600.00 Marking Materials Trantex, Inc. of Houston, TX $38,625.00 Specialty Paints Trantex, Inc. of Houston, TX $16,557.80 Traffic Control Equipment Pathmark, Inc. of San Marcos, TX $21,876.00 Traffic Marking Materials Contract August 23, 2011 Page 2 BUDGETARYIMPACT Funds for these materials are in the Streets and Drainage's Operating Budget. RESOLUTION NO. WHEREAS, bids were solicited for annual contracts for the purchase of traffic marking materials for the Streets and Drainage Division; and, WHEREAS, the following vendors submitted bids as shown below and in the unit amounts as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes: Section Vendor Est.Total Price Irmffic Blanks Vulcan Signs,Inc. of Foley,AL $45,771.9! Faces Vulcan Signs,Inc.of Foley,Al $20,257.2! nished Signs Vulcan Signs,Inc.of Foley,AL $55,980.0( eet Materials athmark Inc. of San Marcos TX $73,475.0( Posts&Hardware Hied Tube Inc.of Harvey,IL $258,600.0( arkin Materials rants Inc.of Houston TX $38,625.0( ial Paints rants Inc.of Houston TX $16,557.8( Control E ui ment athmark Inc. of San Marcos TX $21,876.00 and, WHEREAS, City Council is of the opinion that the bids submitted by the vendors for the contract total amount of$531,143 as based upon the unit amounts as shown on Exhibit'A"attached hereto and made a part hereof for all purposes should be accepted; 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 bids submitted by the vendors for annual contracts for the purchase of traffic marking materials in the estimated total amounts shown above and in the unit amounts as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes for the estimated total amount of $531,143 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of August, 2011. - Mayor Becky Ames - I EAU1�1 N[IT CITY OF BEAUMONT,BEAUMONT,TEXAS PURCHASING DNISION BID TABULATION ? • ! • x • ♦ • a Bid Nana: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS Bid Number: SFOA11.40 Bid Opening: Thursday,August 11,2011 Contact Person:Robert(Bob)Holler, Buyer II ncc4ar90d.beeumont.tx.us Phone: 4084180-3758 endor Swarco Industries PATHMARK 3M COMPANY TRANTEX,INC. ALLIED TUBE AMERICAN TRAFFIC SFTY city I Stets Columbia,TN SAN MARCOS,TX ST PAUL, MN HOUSTON HARVEY,IL ORANGE PK,FL Phone or Fax No. 800 216-8781 8474874 800 553-1380 281 444-7711 800 8626643 904 284-1708 SECTION DESCRIPTION SECTION TOTAL SECTION TOTAL SECTION TOTAL SECTION TOTAL SECTION TOTAL SECTION TOTAL I SIGN BLANKS $ 57,504.55 2 SIGN FACES $ 33,078.OD 3 FINISHED SIGNS 7a 326.00 4 SHEET MATERIAL A $ 71,681.55 $ 68,402.50 5 HAOWARE $ 259,020.00 1 $ 411 700.00 000.00 8 MARKING MATERIALS $ 18 410.00 $ 41,295.001 7 IPAINT $ 9,980.00 $ 58,340.00 1 141 .OQ 8 ITRAFFIC CONTROL EQUIP III 21= 1 1 $ 23,357.50 TOTAL BID 1$ f 614,904-551$ 1, 68,402. V0111for VULCAN SIGNS TRAFFIC SUPPLY CUSTOM FROBUCTS MD SOLUTIONS NIPON CARBIDE city/State FOLEY,AL EAGLE LK,TX JACKSON,MS PLAIN CITY OH SANTA FE SPR CA Photo or Fax No. 600 633.3848 979 2;34-5508 801 933-8282 866 837-8688 800 821-4284 SECTION RIPTION S AL SECTION T AL SECTION TOTAL SECTION TOTAL SECTION TOTAL - S ON MES 1wa 22 073.50 FIRISHEO NGNS $ 58,794.00 ] 4 SHEET MATERIAL $ 35 080.40 5 HARDWARE $ 353,450.00 $ 1,110,430.00 x G MATERIALS $ 41,184.80 LU 8 TRAFFIC CONTROL EQUIP $ 26,525.35 i 1, 507, 65 $ 1,110,430.00 35,080.40 REJECTED-DID NOT BID ENTIRE SECTION BID NON SPEC MATERIALS NO BID OTAI.CONTRACT VALUE HALL SIGNS, INC. $ 531,143.00 TRAFFIX SIGN 8 SAFETY SUPPLY DIFFERENCE TRAFFIC PARTS. INC. $ 19,338.00 +3.6% s Ground Maintenance for Central Business District August 23, 2011 Page 2 BUDGETARY EM PACT Funding sources for the contract are as follows: LOCATION RATE FUNDING SOURCE Central Business District $11050.62/month General Fund Henry Dannenbaum Transfer Center $1,450.39/month Beaumont Muni ' al Transit RICH WITH OPPORTUNITY B'EAU'm,0K* T • 11 • X 0 A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: August 23, 2011 REQUESTED ACTION: Council consider the award of a three-year contract for grounds maintenance and litter removal for the Central Business District. RECOMMENDATION The Administration recommends the award of a contract to Beaumont Products and Services, Inc. (BPS), of Beaumont in the annual amount of$150,012.12. BACKGROUND BPS is defined as a private not-for-profit Community Rehabilitation Program(CRP). Under the guidance of Texas Industries for the Blind and Handicapped, BPS links individuals with disabilities to meaningful career opportunities. The Texas State Use Program, Works Wonders, exempts political subdivisions from competitive bidding requirements when contracting with a CRP. BPS has been furnishing grounds maintenance and litter removal services to the City for the past fourteen(14) years. Grounds maintenance services include mowing, edging, sweeping and litter removal for the grounds at City Hall, Civic Center, Beaumont Public Library,Police Building, Julie Rogers Theatre, Tyrrell Historical Library, Delia Harrington Park, Henry Dannenbaum Transfer Facility, Riverfront Park, and Central Business District medians and boulevards. The contract term is three years with an annual increase equal to the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), not to exceed 2.5%per year. The total amount of the contract for the previous year was $194,309. The cost reduction on the new contract is due to restructuring of the scope of work. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves a three (3) year contract beginning September 1, 2011, with Beaumont Products and Services, Inc. (BPS), of Beaumont, Texas, for basic grounds maintenance and litter removal services at Beaumont's Central Business District and Henry Dannenbaum Transfer Center in the amounts shown below: LOCATION RATE FUNDING SOURCE Central Business District $11,050.62/month General Fund Henry Dannenbaum Transfer Center $1,450.391month Beaumont Municipal Transit THAT the City Manager be and he is hereby authorized to execute a contract with Beaumont Products and Services, Inc. (BPS), of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of August, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY C B,EAUM-,ON* T * E • X * A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: August 23, 2011 REQUESTED ACTION: Council consider awarding an annual contract for work uniforms. RECOMMENDATION Administration recommends an annual contract for the purchase of civilian employee work uniforms from Ace Safety Apparel, Inc., of Beaumont, at the unit prices listed on the attached bid tabulation in an estimated annual amount of$44,957.35. BACKGROUND City employee work uniforms include men's and women's pants and shirts, as well as other items such as jackets, coveralls,and caps when appropriate. Currently, approximately 400 civilian employees are issued three (3)to five (5) sets of uniforms each year. Individual City departments determine the number of uniforms issued to each employee. Bids were solicited from six (6)vendors. Responses were received from four(4)vendors. A condition of the bid required that vendors have a local storefront operation to permit City personnel to easily obtain proper sizing and provide alteration and replacement quickly and efficiently. Two (2)of the responding vendors were from California. Both have verified that they do not have a local storefront consequently their bids were rejected. BUDGETARYIMPACT Funds for uniforms are budgeted in each Department's operating budget. Grounds Maintenance for Central Business District August 23, 2011 Page 2 BUDGETARY U"ACT Funding sources for the contract are as follows: LOCATION RATE FUNDING SOURCE Cenral Business District $11050.62/month General Fund I!mg Dannenbeum Transfer Center $1,450.39/mouth Beaumont Municipal Transit RESOLUTION NO. WHEREAS, bids were received for an annual contract for the purchase of work uniforms; and, WHEREAS, Ace Safety Apparel, Inc., of Beaumont, Texas, submitted a bid in the unit amounts shown on Exhibit "A," attached hereto and made a part hereof for all purposes, for the estimated amount of$44,957; and, WHEREAS, City Council is of the opinion that the bid submitted by Ace Safety Apparel, Inc., of Beaumont, Texas, should be accepted; 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 bid submitted by Ace Safety Apparel, Inc., of Beaumont, Texas, in the unit amounts shown on Exhibit "A," attached hereto and made a part hereof for all purposes, for an annual contract in the estimated amount of$44,957 for the purchase of work uniforms be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of August, 2011. - Mayor Becky Ames - - 6/ItOT.NANMONT,n6 1i0W MUN H M60 OIVItldN MD TAWULATIOM r-a -s -A-• "Narns: Annul Conhimt for VYork UnNom s ill U u~. NNY 1.42 Did OW": TMusday,August 11,2011 Contact Person: RoW(Bob)Hokar,Buyer II rlpi.beaumonttx us Phone: 408-880-3758 MUNRO'S SAFETY APPAREL NOOR CLOTHING UNIFORMS FOR ALL /ftft BEAUMONT CHULA VISTA,CA NORTHRIDGE,CA p! or fax No. 5043693 618 858 0372 816 341-1500 CITY %for Unit Price %For Unit Pfte %For Unit Price E� prks ITSIM Om OMR _ OvMSW OwraW Ovenilm 1 's Long Lt. 800 20% $ 9.75 S 5,880.00 10% S 10.25 $ 6,150.00 26.60% S 14.00 $ 8,400.00 2 Men's n) hkts 4,lt. 600 20% S 8.50 $ 5,100.00 0% $ 9.25 S 5,650.00 28.60% S 14,00 $ 8,400.00 3 ornenr's e,u' 125 - 20% $ 11.65 S 1,443.75 0 $ 10.25 $ 1,281.25 20% $ 20.00 $ 2,500.00 4 Vi~'*Short ShIl3m.Lt 20% S 9.35 $ 748:00 0 $ 9100 111 00 720.00 40 S 20.00 $ 1,8 .00 S ' 20 20% S 13.50 $ 270.00 10% S 12.50 $ 250.00 33 $ 9.00 $ 180.00 TOTAL SW 1 4l104M $13,411.76 :1i,N1.96 moon" i ' CAP r 700 20% $ 12.90 $ 9,030.00 10% S 12.00 $ 8,400.00 33% S 9.00 $ 6,300.00 7 ' n (NOW or 200 20% $ 16.50 S 3,300.00 10% $ 14.00 $ 2,800.00 21.40% $ 14.00 S 2,800.00 co W 20% $ 20.50 $ 410.00 10% $ 18.80 S 370.00 NO 810 i s Parts(NW4 20 20% $ 16.50 $ 330.00 10% $ 14.00 S 280.00 NO BID 10 i0 20% S 13.60 $ 675.00 10% $ 11.00 S 550.00 NO BID 11 or 160 20% $ 16.20 $ 2,430.00 10% S 13.75 $ 2,082.50 NO BID TOTAL 4100T 2-PARTS $1411176,00 $14AMl.60 i 61100.00 R14 Jackets(Navy or Brown)REDCAP JT38 20 20% S 25.35 $ 607.00 10% $ 24.00 S 480.00 NO BID JTM50m ( Brown)REDCAP 200 20% S 29.10 $ 5,820.00 10% $ 25.00 $ 5,000.00 17.60% S 17.00 S 3,400.00 Long Skew Coverall(Navy or Brown) 100 20X3 S 24.50 $ 2,450.00 10% S 21.00 S 2,100.00 NO BID SMrt Skew Coverall(Navy) 100 S 23.70 $ 2,370.00 10% $ 21.00 $ 2,100.00 NO BID Caps(Nayr or Brown) 126 S 4.50 $ 562.50 $ 1.50 $ 187.50 S 7.00 $ 876.00& 2000 S 3.00 $ 6,000.00 NO BID $ 1.25 $ 2,500.00 Civic Center 100 3.76 $ 375.00 NO g1p 2.99 $ 299.00 TOTAL SC 3-COVERALL,JACKHT S1t1r064.60 i 3,637 60 $ 7,074.00 TOTAL 00 WWI 5 47,671.25 S 36 261.25 f 37,254.00 BRAND WD YES- NO EMPIMIDED YES NO R5 LWAL STORE FRONT Y6 No NO NO LOCAL O RO NO LOCALSTO RONT Its Lgt4CCEYTA"ALTERNATIVE D RICH WITH OPPORTUNITY B,EAU-MD-N* City Council Agenda Item T • E • % • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: August 23, 2011 REQUESTED ACTION: Council consider a resolution authorizing approval of Change Order No. 2 for the Event Center Parking Lots Improvement Project. RECOMMENDATION The Administration recommends approval of increasing the project amount by$36,920. The proposed changes to the contract will install 710 linear feet of concrete Curb and Gutter Combined on Bowie Street. No additional days have been added to the contract time. The proposed extra work will represent an increase of 3.79%to the original contract amount. BACKGROUND Previous actions include, Resolution 11-038 in the amount of$973,553.30 was passed by Council on January 25, 2011 awarding the contract to APAC-Texas. Change Order No. 1, Resolution No. 11-167, in the amount of$100,567.65 was passed by Council on June 7, 2011 for cost associated with furnishing labor, equipment, materials, supervision for fuel tank removal, concrete basement removal and additional street light power supply increasing the contract amount to $1,074,120.95. Change Order No. 2, in the amount of$36,920 is required to add item quantities to the contract, increasing the contract amount to $1,111,040.95. BUDGETARYIMPACT Funds are available in the Capital Program. CITY OF BEAUMONT DATE: 09 AUGUST 2011 PROJECT: EVENT CENTER AREA PARKING LOTS IMPROVEMENT OWNER: CITY OF BEAUMONT CONTRACTOR: APAC-TEXAS,INC. CHANGE ORDER NO.: 02 Add Construction Items and/or quantities to the Contract: Item Item Description Unit Or*IxW New unit Amount No. Code Quo0 ty Q"Rft Pie PAVING AND DRAINAGE 104 004 SAW&EXCAVATE EXIST NG ROAD(4'X 710 LF) IF 0 710 $15.00 5101650.00 247 101 INSTALL CRUSHED CONCRKM BASE(11 X 51) LF 0 710 $10.00 $7,100.00 S29 001 INSTALL 6"X 2'MONOLITHIC CURB&GUTTER COMB. LF 0 710 1 $15.091 $10,660.00 340 001 INSTALL 2'X 8"HOT MIX ASPH®EDGE OF CONCRETE LF 0 710 $12.00 58152000 ADD TOTAL AMOUNT 00 ORIGINAL CONTRACT AMOUNT: $973,55330 NET FROM PREVIOUS CHANGE ORDERS: $1,074,120.95 TOTAL AMOUNT OF THIS CHANGE ORDER: $36,920.00 PERCENT OF THIS CHANGE ORDER: 3.79% TOTAL PERCENT CHANGE ORDER TO DATE: 14.12% NEW CONTRACT AMOUNT: $1,111,040.95 t ACCEPTED BY: APAC-TEXAS,INC. APPROVED BY: HASSAN SHOMALZADEH,P.E. CHIEF ENGINEER PATRICK DONART,P.E. SLIC KYLE HAYES,CITY MANAGER WORKS DIRECTOR ATTESTED BY: TINA BROUSSARD,CITY CLERK RESOLUTION NO. WHEREAS, on January 25, 2011,the City Council of the City of Beaumont,Texas, passed Resolution No. 11-038 awarding a contract in the amount of $973,553.30 to APAC-Texas, of Beaumont, Texas, for the construction of a parking lot to serve the Downtown Event Center and Park; and, WHEREAS, Change Order No. 1 in the amount of $100,567.65 was required to furnish all labor, equipment, materials, and supervision for fuel tank removal, concrete basement removal and additional street light power supply, thereby increasing the contract amount to $1,074,120.95; and, WHEREAS, Change Order No. 2 in the amount of 36,920.00 is required to add item quantities for the installation of 710 linear feet of concrete curb and gutter on Bowie Street, thereby increasing the contract amount to $1,111,040.95; 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 City Manager be and he is hereby authorized to execute Change Order No. 2 for additional work described above, thereby increasing the contract amount by $36,920.00, for a total contract amount of$1,111,040.95. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of August, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY T • E BEAU,M'ON* A . s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: August 23, 2011 REQUESTED ACTION: Council to consider authorizing the City Manager request Texas Department of Transportation to remove the US 90 designation within City of Beaumont. RECOMMENDATION The Administration recommends City Council authorize the City Manager request Texas Department of Transportation to remove the US 90 designation between IH-10 at College Street Exit(85 1)and IH-10 at Downtown Exit(853). BACKGROUND Currently, US 90 travels through Downtown Beaumont on College Street, Pearl Street(as north bound) and Willow Street/Park Street(as south bound). This designation introduces an excessive amount of truck traffic passing through downtown area and causes unnecessary damage to City's infrastructure. To minimize the damage caused by truck traffic, it requires TxDOT to remove the US 90 designation between IH-10 at College Street Exit(85 1)and IH-10 at Downtown Exit (853). With the removal of US 90 designation, TxDOT will be able to install No Truck signs on IH-10 at the Downtown Exits(853A and 853B). Most of the truck traffic will be rerouted to Martin Luther King Jr. Parkway or College Street which are designed to handle the truck traffic. BUDGETARYIMPACT None. 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 request that Texas Department of Transportation remove US 90 signage designation along IH-10 within the city limits of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of August, 2011. - Mayor Becky Ames - F RICH WITH OPPORTUNITT BEAUM.ON* T • E • X * A S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: August 23, 2011 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire property for the Municipal Airport Project. RECOMMENDATION The property owner listed below has refused to accept the appraised value for his property. The property was appraised by Bishop Real Estate Appraisers: 1) 0.9263 acre situated in the A. Savery League,Abstract No. 46 Address: vacant land on Old Sour Lake Road(Tract 77) Owner: Gary Robbins Appraised Value: $33,000.00 BACKGROUND As part of the Municipal Airport Project, approximately six (6)tracts of land on Old Sour Lake Road need to be acquired. BUDGETARYIMPACT Funds are available in the Municipal Airport Fund. RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont deems it necessary that the property described below be acquired for the Municipal Airport Project; and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described property: 0.9263 acre situated in the A. Savery League,Abstract No.46 Address: Vacant land on Old Sour Lake Road (Tract 77) Owner: Gary Robbins Appraised Value: $33,000.00 and, WHEREAS, the City Council deems it necessary to acquire the hereinafter described interests in and to the above described property for the Beaumont Municipal Airport facility and has found and determined that said interests in and to the above described land is suited for such purposes and that it is necessary to acquire same for said purposes; and, WHEREAS, the City of Beaumont,through its duly authorized representatives, has negotiated in good faith with the owner or owners of the hereinafter above-described land and has been unable to agree with the owners of such property as to the fair market value thereof and damages, if any, and further negotiations for settlement have become futile and impossible; 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 City Attorney be and he is hereby authorized and directed to file or cause to be filed against all owners of the above described parcel of land, and all claimants of any interest therein, proceedings in Eminent Domain to acquire fee simple title for said purposes, in and to the said parcels of land described and shown in Exhibit"A," attached hereto and made a part hereof, the parcels of land being situated in Beaumont, Jefferson County, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of August, 2011. - Mayor Becky Ames - EXHIBIT "A" Legal Description: 0.9263 Acre Tract or Parcel of Land A. Savery League,Abstract No. 46 Jefferson County, Texas BEING a 0.9263 acre tract or parcel of land situated in the A. Savery League, Abstract No. 46, Jefferson County, Texas and being out of and part of that certain called eight (8) acre tract of land as described in a deed from Sun Pipe Line Company to G.A. Burleson as recorded in Volume 947, Page 332, Deed Records, Jefferson County, Texas and as corrected in-a "Correction Deed" recorded in Volume 1017, Page 582, Deed Records, Jefferson County, Texas and also being out of and part of that certain called 3.52 acre tract of land as described in a "Warranty Deed" from G. A. Burleson and wife, Peggy Burleson to H.W. Messec as recorded in Volume 1583, Page 308, Deed Records, Jefferson County,Texas and being all of that certain called 0.921 acre tract of land as described in a "Warranty Deed with Vendor's Lien" from Mary Lou Martins to Gary Robbins as recorded in Clerk's File No. 2000016376, Official Public Records of Real Property, Jefferson County, Texas, said 0.9263 acre tract being more particularly described as follows: NOTE. All bearings are based on the North line of that certain called 1.148 acre tract of land as described in a deed to Robert Walter Burton as recorded in Clerk's File No. 2010039829, Official Public Records of Real Property, Jefferson County, Texas as NORTH 89°54'00"EAST. All set 518"iron rods set with a cap stamped "M.W. Whiteley&Associates". COMMENCING at a 1/2" iron rod found for the Northeast comer of that certain called 0.735 acre tract of land as described in a "General Warranty Deed" from Chris A. Maida, III to Billy J. Chanley as recorded in Film Code No. 102-57-1559, Official Public Records of Real Property, Jefferson County, Texas, and said corner also being the Northwest corner of that certain called 1.148 acre tract of land as described in a deed from Mary Jean Lumpkin, Trustee of"Lumpkin Retirement and Education Trust", to Robert Walter Burton as recorded in Clerk's File No. 2010039829, Official Public Records of Real Property, Jefferson County, Texas and also being in the South right-of-way line of Old Sour Lake Road and from said corner a 1/2" iron rod found for the Northeast corner of the said 1.148 acre Burton tract bears NORTH 89°54'00" EAST a distance of 379.32 feet; THENCE SOUTH 89 054'00" WEST, along and with the South right-of-way line of Old Sour Lake Road and the North line of the said 0.735 acre Chanley tract, for a distance of 270.00 feet to a 5/8" iron rod set for the Northeast corner and the POINT OF BEGINNING of the tract herein described, said corner being the Northwest corner of the said 0.735 acre Chanley tract; THENCE SOUTH 00 000'05" WEST, for the boundary between the tract herein described and the said 0.735 acre Chanley tract, for a distance of 113.82 feet to a 5/8" iron rod set for corner, said corner being the Southwest corner of the said 0.735 acre Chanley tract and in the North right-of-way line of the Beaumont-Sour Lake and Western Railroad (based on a width of 100 feet); EXHIBIT "A" MARK W. WHITELEYAND ASSOCIATES,INC THENCE NORTH 87 051'26" WEST, along and with the North right-of-way line of the Beaumont-Sour Lake and Western Railroad, for a distance of 382.76 feet to a 5/8" iron rod set for corner, said corner being the Southwest corner of the said 3.52 acre Messec tract and the Southeast corner of the remainder of that certain called 3.57 acre tract of land as described in a "Warranty Deed" from G.A. Burleson and wife, Peggy Burleson to John A. Jackson as recorded in Volume 1114, Page 477, Deed Records, Jefferson County, Texas and said corner being in the West berm of the Jefferson County Drainage District No. 6 Willow Marsh Ditch; THENCE NORTH 03 045'34" EAST, for the boundary between the tract herein described and the East line of the remainder of the said 3.57 acre Jackson tract,the same being the West line of the said 3.52 acre Messec tract, for a distance of 99.07 feet to a 5/8" iron rod set for corner, said corner being the Northeast corner of the remainder of the said 3.57 acre Jackson tract and in the South right-of-way line of Old Sour Lake Road; THENCE NORTH 89 054'00" EAST, along and with the South right-of-way line of Old Sour Lake Road, for a distance of 376.00 feet to the POINT OF BEGINNING and containing 0.9263 Acres, more or less. Surveyed on January 3, 2011. This legal description is being submitted along with a plat based on this survey(see EXHIBIT "B"). OF �V-K srF9F'.9 THOMAS S.RpWE Thomas S. Rowe, RPLS No. 5728 5726 sua WA20 1 0\10-697\10-697m&b.doc EXHIBIT"A" Page 2 of 2 MARK W. WHITELEY AND ASSOCIATES,INC. REMAINDER OF A +P O C CALLED 3.57 ACRES SET 318 FND 1 JOHN A JACKSON OLD SOUR LAKE ROAD L R6D L VUL. 1114, PC. 477 n DRJC c (CALL N59'34'00 E 376.00) ni FNp 1/2• FND N8954'00"E 376.00' 1. R0p SE'T"8 x _y x —x _x _x —x _x —x _x _� I - _ F021 — P; 6 rn I Ry LEAG4g 881 I A 5TNO x FND 0.9263 ACRES =: 5 v I ° N I �a9 o g ww ROBBINS At 1-3 S& i CF.lW 16376 ..q I uRg 1 Z I �O i sEr�e' OPRJC 1. FND N87'51 26"W 382.76 0.18' FND • (CALL N8751'00w 382.767 SET FAD N8 1?aw 1 270.22' BEAUMONT-SOUR LAKE AND WESTERN RAILROAD FND r/T"tNaT BEARS (CALL N87470pw 270.227 000'ROW) SO4'OJ$2 E 2.J8' TO THE LOM40LDM AND TTE OWNERS OF PC PREMISES SURWYED AND TO THE OLD REPUBLIC NWDHA.TIRE INSURANCE COMPANY. THE U/MDEW52NDD ODES NE7 w CERIFY THAT DMS S awy WAS Do air aw ON PC 4IMIRD or DE PLNOPERn LEGALLY DEIGNED HEREON AND 6 CORRECI.AND OLD SOUR LAKE ROAD I MT T ERE ARE AND DLSCIEPANCES,CO NTLEM SHORTAGES BEAUMONT, TEXAS 77713 IN AREA 6010WRV LINE OOYLfMIX ENCROICMLENIS OVER-WPPM OF MFROYEIEtRS.EASEMENTS OR NOTES ACCORDING TO SCHEDULE B: 0.9263 Acre Tract or Parcel of Land MWIS-OF-WWY DWr AS SHOWS NEREON,AND TNMT SAID 10d. EXCLUSIVE SUBSURFACE EASEMENT DATED APRIL 14. 2009, EXECUTED BY GARY L A Sorary League,Abstroet No. 46 PRQPtM HAS ACCESS TO MD FROM A OEDICMLD 1104MY. Jd/srson CourHy. Texas ALL EA FS SHOW AND NOTED PER TEXAS iKCDH RE ROBBINS ET UX TO OALLARO EXPLORATION COMPANY, INC, RECORDED UNDER COUNTY CLERKS G.F.No. 13006-TW FILE NO. 2009016469, OFFlCW. PUBLIC RECORDS OF REAL PROPERTY OF JEFFERSON COUNTY, OF t .. TEXAS.(PROPERTY SUBJECT TO) Oww:CRY of Beaumont LATE SURVEYED• 44NUM J. off '�<<,'.•••••• F-1- 10R. RIGHT OF INGRESS AND EGRESS RESERVED IN DEED DATED DECEMBER 18, 1915, o y� EXECUTED BY LAURA W.ZEIGLER ET AL TO SUN PIPE LINE COMPANY, RECORDED IN VOLUME q M accordance with the flood FIa:aM Boundary . 154, PAGE 205, DEED RECORDS OF JEFFERSON COUNTY, IEXAS.(PROPERTY SUBJECT TO) Map.Department of Housing and Ikbon ' log. RIGHT OF WAY\EASEMENT DATED OCTOBER 6, 1982, EXECUTED BY PETE MARTINES AND oerNaprrmnnt. THOMAS.S;ROWE MARY LOU MARRNES TO JEFFERSON COUNTY DRAINAGE DISTRICT N O. 6, RECORDED IN VOLUME CemmweTy No.:480783 ti° 5728 r•;^ 2417,PAGE 270 DEED RECORDS OF JEFFERSON COUNTY. TEXAS.(PLOTTED HEREON) Panty No.:DIM C {9 9�PF55��"..0 m Cate of FIRM.' 11-20-91 dQ� This prop"Les in Zone A". THOMAS S. ROME - RE ME01% No. 57 p 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING Location on amp determined by scale OWNERSHIP OR TITLE. on map.Actuol Fidd e1WODon not ,�( W. WHITER 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL dNermina.Mark W. WhReley and P. 0. 80X 5492 JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON H6 BEST KNOWLEDGE, INFOR94TION SGlLJf 1 .>!�� Associates does not warrant nor AND ASSOCIATES BEAUMONT, TEXAS 77726-5492 AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY R COMPLMNCE areacnDe to the accuracy or scok INCORPORATED 409-892-0421 1 WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD Of add nqs• CONSULTING ENGINEERS, OF PROFESSIONAL.LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL EXHIBIT "B" -11,SURVEYORS, AND PLANNERS 3250 EASTEX FRAY. SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GLARANTEE NOR A WARRANTY, EXPRESSED REFER TO EXHIBIT iC" Zone A•ore area of the 100-year Road, Texas Registered Engineering BEAUMONT, TRILLS 77703 OR IMPLIED. FOR LEGAL DESCRIPTION base IWOO aNMOtesns and Rood hazard PTrm F-2633 ® (FAX) 409-892-1948 3.ALL SET 518"IRON RODS SET WIN A CAP STAMPED 1J.W. WHITELEY 8 ASSOCATES•. toetort not determined. W.\2010\10-697 10-697.DWG COD Alex Viva OPPO TUXITT BEA REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 23,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 7-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RCR(Residential Conservation and Revitalization)District and GC-MD(General Commercial-Multiple Family Dwelling)District to RS (Residential Single Family Dwelling)District at 5155 Highland Avenue 2. Consider a request for a zone change from LI(Light Industrial)District to RS (Residential Single Family Dwelling)District for property located on the west side of Erie, approximately 250'north of the intersection of Erie and Chambless 3. Consider a request for a specific use permit to allow a testing laboratory in a GC- MD-2(General Commercial-Multiple Family Dwelling-2)District at 1575 S. Major Drive 4. Consider a request for a specific use permit to allow the expansion of a church in an RCR(Residential Conservation and Revitalization)District at 1390 Wall 5. Consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3410 Concord 6. Consider a request for a specific use permit to allow a charter school in a GC-MD (General Commercial-Multiple Family Dwelling)District at 10255 Eastex Freeway 7. Consider the abandonment of a utility easement at 445 N. 10 Street 8. Consider the abandonment of a utility easement at 5710 Longwood 9. Consider authorizing the City Manager to execute an Industrial District Contract with Pandora Methanol,LLC PUBLIC HEARING * Receive comments related to an ordinance and a resolution declaring 12 structures to be dangerous structures and ordering their demolition 10. Consider an ordinance and a resolution declaring 12 structures to be dangerous structures and ordering their demolition WORK SESSION * Review and discuss the proposed FY 2012 Budget and the proposed 2012 Capital Program JOINT PUBLIC HEARING * Receive comments on the proposed FY 2012 Budget and the proposed 2012 Capital Program COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont,Texas and the Civil Service Commission of the City of Beaumont v. Derrick Wayne Fowler; 09-11-00068-CV * Consider matters related to the deliberation of the purchase, exchange,lease or value of real property in accordance with Section 551.072 of the Government Code,to wit: 991 Laurel St. 125 Magnolia St. 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. PUBLIC HEARING: Unsafe Substandard Structures Consider approval of an ordinance and resolution declaring certain structures to be unsafe substandard structures and ordering their removal. 1. 2140 Angelina(&storage building) 2. 1516 Annie 3. 1638 Annie(&storage building) 4. 1254 Center 5. 3075 Donohue 6. 2225 Foch 7. 2516 Laurel(garage) 8. 2498 W Lucas(rear storage building) 9. 2478 Park(garage apartment) 10. 945 Parry 11. 1751 Sarah 12. 2386 St Anthony(storage building) I RICE viva orpeavaNISi BEA REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 23,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—August 16,2011 * Confirmation of committee appointments A. Approve annual contracts for the purchase of traffic marking materials B. Approve a three-year contract for grounds maintenance and litter removal for the Central Business District C. Approve an annual contract for work uniforms D. Approve Change Order No. 2 for the Event Center Parking Lots Improvement Project E. Authorize the City Manager to request that the Texas Department of Transportation remove the US 90 designation between IH-10 at College Street and Hi-10 at the Downtown Exit F. Authorize eminent domain proceedings to acquire property(vacant land on Old Sour Lake Road—Tract 77) for the Municipal Airport Project 1 August 23,2011 Consider a request for a zone change from RCR(Residential Conservation and Revitalization) District and GC-MD (General Commercial-Multiple Family Dwelling)District to RS (Residential Single Family Dwelling)District at 5155 Highland Avenue RICK WITH OPPORTVXITT SEEK a, BEAUM, -UK* T • 11 • a • A • s City C4uncll Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C5i3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 23, 2011 REQUESTED ACTION: Council consider a request for a zone change from RCR (Residential Conservation and Revitalization)District and GC-MD(General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling)District at 5155 Highland Avenue. RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND Marilyn McClory, on behalf of her mother,Jetta Mazzu,has requested a zone change. Ms. McClory states that in June, 2010, her mother entered into a contract to sell the family homestead. The property consists of four lots and is occupied with a 2,200 sq. ft. house. The family agreed to owner-finance until such time that the buyers could finalize their funding with a mortgage company. The new owners have been approved but three different appraisals have designated the property commercial because of the GC-MD zoning on the southmost lot. The rest of the property is zoned RCR. In order to clear up this discrepancy and allow the new owners to finalize their mortgage loan, Ms. McClory is requesting the zone change to RS. At a Joint Public Hearing held August 15, 2011,the Planning Commission voted 8:0 to approve a zone change from RCR(Residential Conservation and Revitalization)District and GC-MD (General Commercial-Multiple Family Dwelling)District to RS (Residential Single Family Dwelling)District at 5155 Highland Avenue. BUDGETARYIMPACT None. 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 RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5155 HIGHLAND AVENUE, 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 RCR(Residential Conservation and Revitalization) District to RS (Residential Single Family Dwelling) District for property located at 5155 Highland Avenue, being Lots 1-4, Block 2, Mazzu Addition, City of Beaumont, Jefferson County, Texas, containing 0.60 acres, more or less, as shown on Exhibit "A," 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 23rd day of August, 2011. - Mayor Becky Ames - File 2099- : Request for a zone change from RCR(Residential Conservation and Revitalization)District and GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District. cation: 5155 Highland Avenue Applicant: Marilyn McClory 0 100 200 t Feet Legend R-S R ® 20992 AUGUSTA ST RC R R- R=S G) Z � v rn � R-S RCR JOSEPH-ST U 'D R=S RM-w GGC=III D GC-IAA D •Nl E FLORIDA AVE FLORIDA AVE GC-MD R-S GC-MD R=S OIL. N PARKWAY DR O (GC-M R-S EXHIBIT "A" z August 23,2011 Consider a request for a zone change from LI (Light Industrial) District to RS (Residential Single Family Dwelling)District for property located on the west side of Erie, approximately 250'north of the intersection of Erie and Chambless SICK WITH OPPORTUNITY BIEA,,U,NON*T • g • : • A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 23, 2011 REQUESTED ACTION: Council consider a request for a zone change from LI(Light Industrial)District to RS (Residential Single Family Dwelling)District for property located on the west side of Erie, approximately 250'north of the intersection of Erie and Chambless. RECOMMENDATION The Administration recommends approval of the zone change. BACKGROUND Terry Richard III has requested a zone change. Mr. Richard states that he has bought this property and would like to build his future home on the property. In May, 1999, City Council approved a zone change from LI to RM-H for two properties south of the subject property on the east side of Erie. At a Joint Public Hearing held August 15, 2011,the Planning Commission voted 8:0 to approve a zone change from LI (Light Industrial)District to RS (Residential Single Family Dwelling) District for property located on the west side of Erie, approximately 250'north of the intersection of Erie and Chambless. BUDGETARYIMPACT None. 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 LI (LIGHT INDUSTRIAL) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF ERIE STREET,APPROXIMATELY 250' NORTH OF THE INTERSECTION OF ERIE STREET AND CHAMBLESS DRIVE, CITY OF 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 LI (Light Industrial) District to RS (Residential Single Family Dwelling) District for property located on the west side of Erie Street, approximately 250'north of the intersection of Erie Street and Chambless Drive,being Lot 4, Block 136, Plat B-20, J.A. Veatch Survey, City of Beaumont, Jefferson County, Texas, containing 5.00 acres, more or less, as shown on Exhibit"A," 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,orthe 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 23rd day of August, 2011. - Mayor Becky Ames - 3 August 23,2011 Consider a request for a specific use permit to allow a testing laboratory in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 1575 S. Major Drive RICH WITS OPPOSTIISITY BEA,UMON*T • Z • X A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 23,2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a testing laboratory in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 1575 S. Major Drive. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a testing laboratory at 1576 S. Major Drive subject to the following condition: • Provide for the additional four parking spaces that are required within 400 feet of the subject property. BACKGROUND William Robbins, President of Earth Analytical Sciences, Inc. (EAS),has requested a specific use permit. Earth Analytical Sciences,Inc. is a full-service analytical laboratory that provides an array of environmental services benefitting a variety of industries throughout Southeast Texas and beyond. Their clients consist of a multitude of businesses including petrochemical/refining,industrial, pipeline services,environmental consulting commercial retailers and more. EAS will be relocating from 4825 Ward Drive. EAS will occupy an existing commercial building soon to be vacated. Transportation Engineering is requiring fifteen parking spaces for the laboratory. Eleven parking spaces are shown. Therefore,four additional spaces must be provided within 400 feet of the subject property. At a Joint Public Hearing held August 15, 2011,the Planning Commission voted 8:0 to approve a specific use permit to allow a testing laboratory at 1576 S. Major Drive subject to the following condition: • Provide for the additional four parking spaces that are required within 400 feet of the subject property. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TESTING LABORATORY IN A GC- MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT AT 1575 S. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Earth Analytical Sciences, Inc. has applied for a specific use permit to allow a testing laboratory in a GC-MD-2(General Commercial-Multiple Family Dwelling-2) District at 1575 S. Major Drive, being Lot 11-A, Block A, Mayfair Addition, City of Beaumont, Jefferson County, Texas, containing 0.70 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 for a specific use permit to allow a testing laboratory in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 1575 S. Major Drive; 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 following condition; • Provide for the additional four parking spaces that are required within 400 feet of the subject property. 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 resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a testing laboratory in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 1575 S. Major Drive, being Lot 11-A, Block A, Mayfair Addition, City of Beaumont, Jefferson County, Texas, containing 0.70 acres, more or less, as shown on Exhibit"A," attached hereto; and, is hereby granted to Earth Analytical Sciences, Inc., its legal representatives, successors and assigns, as shown on Exhibit'A," attached hereto and made a part hereof for all purposes, subject to the following condition; • Provide for the additional four parking spaces that are required within 400 feet of the subject 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," 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 23rd day of August, 2011. - Mayor Becky Ames - File 2098-P: Request for a specific use permit to allow a testing laboratory in a GC-MD-2 General Commercial-Multiple Family Dwelling-2) District. Location: 1575 S. Major Drive Applicant: Earth Analytical Sciences,Inc. 0 100 200 I I I Feet Legend ® 2098P GC-MD GC--M*D N a 3 a R-S 0 o z M v � RM-H M R-S G2 G2 R FRAZIER OR R-S EXHIBIT "A" �IS91t(p0 1�XYJl 3JONd WMAM NOS-MN�WVt IPA Al a' • an1Z+a a►orvw i , ° . . dt Y i A.l _ * Approval subject to the following condition: • Provide for the additional four parking spaces that are required within 400 feet of the subject property. EXHIBIT "B" 4 August 23,2011 Consider a request for a specific use permit to allow the expansion of a church in an RCR (Residential Conservation and Revitalization)District at 1390 Wall RICH WITH OPPORTUNITY BEAUMO N* T • $ • X • A • s C1ty Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager cs3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 23, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow the expansion of a church in an RCR(Residential Conservation and Revitalization)District at 1390 Wall. RECOMMENDATION The Administration recommends approval of a specific use permit to allow the expansion of a church in an RCR District at 1390 Wall subject to the following conditions: • Provide an additional four parking spaces within 400 hundred feet of the subject property and landscaped as per code. • Install an 8'tall wood screening fence along the north property line and along approximately 77'of the south property line. and with a waiver of the 10'wide landscape strip along the north and south property lines. BACKGROUND Bishop Curtis Guillory, representing the Diocese of Beaumont,has applied for a specific use permit. Cristo Rey Catholic Church which is located at 775 Avenue A is undergoing expansion and wishes to install a modular building on the subject property for use as a temporary office. The office will be used approximately twice a week by the parish Catholic leaders. The parish is undergoing dramatic growth and is need of the extra office space. At a Joint Public Hearing held August 15, 2011,the Planning Commission voted 7:0:1 to approve a specific use permit to allow the expansion of a church in an RCR District at 1390 Wall subject to the following conditions: • Provide an additional four parking spaces within 400 hundred feet of the subject property and landscaped as per code • Install an 8'tall wood screening fence along the north property line and along approximately 77' of the south property line and with a waiver of the 10'wide landscape strip along the north and south property lines. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A CHURCH IN A RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 1390 WALL STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the Diocese of Beaumont has applied for a specific use permit to allow the expansion of a church in a RCR (Residential Conservation and Revitalization) District at 1390 Wall Street, being Lot 7, Block 70, Van Wormer Addition, City of Beaumont, Jefferson County, Texas, containing 0.07 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 for a specific use permit to allow the expansion of a church in a RCR (Residential Conservation and Revitalization) District at 1390 Wall Street; and, WHEREAS, the City Council is of the opinion that the issuance of such speck use permit is in the best interest of the City of Beaumont and its citizens, subject to the following conditions; • Provide an additional four parking spaces within 400 feet of the subject property and landscaped as per code. • Install an 8' tall wood screening fence along the north property line and along approximately 77' of the south property line; and, with a waiver of the 10' wide landscape strip along the north and south property lines. 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 resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow the expansion of a church in a RCR(Residential Conservation and Revitalization) District at 1390 Wall Street, being Lot 7, Block 70, Van Wormer Addition, City of Beaumont, Jefferson County, Texas, containing 0.07 acres, more or less, as shown on Exhibit 'A," attached hereto; and, is hereby granted to the Diocese of Beaumont, its legal representatives, successors and assigns, as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes, subject to the following conditions; • Provide an additional four parking spaces within 400 feet of the subject property and landscaped as per code. • Install an 8' tall wood screening fence along the north property line and along approximately 77' of the south property line; and, with a waiver of the 10' wide landscape strip along the north and south 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 23rd day of August, 2011. - Mayor Becky Ames - A - Request for a specific use permit to allow the expansion of a church in a RCR (Residential Conservation and Revitalization) District. Location: 1390 Wall Applicant: Bishop Curtis Guillory 0 100 200 I Feet U LI Legend ® 2101P RC.R G -M D RCR GC-M*D 0 RER 5 RCR °� GC,-.MD R M6 RC RCR GC=M.D RC.R 9`�y GC-MD G� \ 9 '9 Q� O Fti RCR ° G� RCR a G�.,mp GC-MD EXHIBIT "A" sr XL 11MOMOM t e HOMMO AM OISIM'J 4i F ii ! t t 1 t 1 a t ' s [ t } I t 1 I t t t 1 1 I , 1 >t I t 1 1 t f m I 1 , 4� y` t I f Y CO *Approval subject to the following conditions: • Provide an additional four parking spaces within 400 hundred feet of the subject property and landscaped as per code • Install an 8' tall wood screening fence along the north property line and along approximately 77' of the south property line and with a waiver of the 10'wide landscape strip along the north and south property lines. 5 August 23,2011 Consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3410 Concord RICH WITH OPPORTUNITY BE- T • R • a • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, Crty Manager C X77 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 23, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a drinking place in a GC-MD(Ckreral Commercial-Multiple Family Dwelling)District at 3410 Concord. RECOMMENDATION The Admini on roaorn III i I approval of a specific use permit to allow a dry place in a GC-MD(General Commercial-Multiple Family Dwell)District at 3410 Concord, skjact to the following conditions: • ADA parking spaces shall have proper signp. • `No Loitering' signs shall be posted in the parking lot. • Proper security shat!be provided. BACKGROUND Lexha Crawford has applied for a specific use permit. Ms. Crawford that she would like to operate a place in an existing budding on the subject property. The primacy camomer base will be individuals 30 years old and up. Beer and wine will be available for purchase. The lounge will be open fiom 9 p.m. -2 a.m.,Wednesdays through Saturdays. The drinking place will occupy a space in a commercial strip which also houses a beauty school and retail. In 1997, City Council approved a specific use permit to allow an entettainmeat, recntional services and rental hall with the occasional sale of alcohol at this location. That business has since cbsed down and the space is now vacant. At a Joint Public Hearing held August 15, 2011,the Pi ng Commission voted 6:2 to approve a specific use permit to allow a drinking place in a GC-MD(Grwral Commercial-Multiple Family Dwelling)District at 3410 Concord, subject to the following conditions: • ADA parking spaces shall have proper sigoage. • No Loitering' signs shall be posted in the parking lot. • Proper security shall be provided. BUDGETARY BVACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 3410 CONCORD ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the Lesha Crawford has applied for a specific use permit to allow a drinking place in a GC-MD(General Commercial-Multiple Family Dwelling)District at 3410 Concord Road, being Tract 37 out of 11, Plat D6, A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 2.125 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 for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3410 Concord Road; 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 following conditions; • ADA parking spaces shall have proper signage. • "No Loitering" signs shall be posted in the parking lot. • Proper security shall be provided. 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 resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3410 Concord Road, being Tract 37 out of 11, Plat D6,A.Williams Survey,City of Beaumont,Jefferson County,Texas,containing 2.125 acres, more or less, as shown on Exhibit "A" attached hereto; and, is hereby granted to Lesha Crawford, her legal representatives, successors and assigns, as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes, subject to the following conditions; • ADA parking spaces shall have proper signage. • "No Loitering" signs shall be posted in the parking lot. • Proper security shall be provided. Section 2. That the speck 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 23rd day of August, 2011. - Mayor Becky Ames - File 2102-P: Request for a specific use permit to allow a drinking place in a GC-MD General Commercial-Multiple Family Dwelling) District. Location: 3414 Concord pplicant: Lesha Crawford 0 100 200 Feet Legend GC- ® 2102P R-S PJ R-S -4 M M z N —I pRIMp,OSE ST coy R S CO GC-MD -M-D EXHIBIT "A" i SGaLE: I"-4o' . r . n ' Ow E- eT �JCV - c°ve�:co coyc. Sroe�,Y u LL KG 91 xt. FA' VJ 946 SPA=SP tic. 7 912A;CACs4 -6, -� T(Tye "'4• w LU C'o� sP4 EAC CJ) SPA OyC SrOE O SPA COSY \ Tyr L,•P• CO M PL E)< Sato COWL R.D iZD. BEA.Uido"'ri 'i}C. Approval subject to the following conditions: • ADA parking spaces shall have property signage. • `No Loitering' signs shall be posted in the parking lot. • Proper security shall be provided. EXHIBIT "B" 6 August 23,2011 Consider a request for a specific use permit to allow a charter school in a GC-MD (General Commercial-Multiple Family Dwelling) District at 10255 Eastex Freeway RICH WITH OPPORTUNITY Nil LV BEAUMO,IR17k T e 2 • X • A • s City Council Agenda. Item TO: City Council FROM: Kyle Hayes, City Manager C>� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 23, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a charter school in a GC-MD(General Commercial- Multiple Family Dwelling)District at 10255 Eastex Freeway. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a charter school at 10255 Eastex Freeway. BACKGROUND Pastor Randy Clark,representing Triumph Church,has applied for a specific use permit. Triumph Church intends to lease a portion of its facilities to Responsive Education Solutions,a public charter school licensed in the State of Texas for the purpose of opening Vista Academy of Beaumont. The school will have a capacity of 220 students in 11 classrooms with a total of 18 employees. The school will teach students grades kindergarten through four. School hours will be 8:15 a.m. -4:00 p.m. During the school year,there may be programs,parent/teacher meetings and other special events in the evenings and on an occasional Saturday. The classrooms will be housed in existing buildings on the church campus. At a Joint Public Hearing held August 15, 2011,the Planning Commission voted 8:0 to approve a specific use permit to allow a charter school in a GC-MD(General Commercial-Multiple Family Dwelling)District at 10255 Eastex Freeway. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHARTER SCHOOL IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 10255 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Triumph Church, Inc. has applied for a specific use permit to allow a charter school in a GC-MD (General Commercial-Multiple Family Dwelling) District at 10255 Eastex Freeway, being Tract 64A, Plat RS-4, W. B. Dyches Survey, City of Beaumont, Jefferson County, Texas, containing 2.57 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 for a specific use permit to allow a charter school in a GC-MD (General Commercial-Multiple Family Dwelling) District at 10255 Eastex Freeway; 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 resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a charter school in a GC-MD (General Commercial-Multiple Family Dwelling) District at 10255 Eastex Freeway, being Tract 64A, Plat RS-4, W. B. Dyches Survey, City of Beaumont, Jefferson County, Texas, containing 2.57 acres, more or less, as shown on Exhibit"A,"attached hereto; and, is hereby granted to Triumph Church, Inc., its legal representatives, successors and assigns, as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B," 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 23rd day of August, 2011. - Mayor Becky Ames - F&210--P: Request for a specific use permit to allow a charter school in a GC-MD General Commercial-Multiple Family Dwelling) District. Location: 10255 Eastez Freeway Applicant: Triumph Church, Inc. 0 100 200 t Feet Legend ® 2100P va 'Y' IPA GC-.MD R-S 0 v G rn O x O SCOTTS DR R-S R-S EXHIBIT "A" I I I I f fig. Ilk I Im rt I I I � � 6 I I I I s . I �� I g 7 August 23,2011 Consider the abandonment of a utility easement at 445 N. 14'h Street RICH WITH OPPOBTIIHITT BEAUN',ON* T • Z • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C)7 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 23, 2011 REQUESTED ACTION: Council consider the abandonment of a utility easement at 445 N. 14`h Street. RECOMMENDATION The Administration recommends approval of the abandonment subject to the following condition: • The existing 6" sanitary sewer will be abandoned at the owner's expense. BACKGROUND Tom Rowe with Mark Whiteley and Associates has applied for the abandonment of a 10'x 155' utility easement on behalf of the property owner. The utility easement is located in Block 12 of the Jarrett Addition. Mr.Rowe states that the easement was retained for a 6" sanitary sewer line that serviced buildings that no longer exist. Future plans are to develop the whole site and this sewer line is no longer necessary. This item was sent to all interested parties. No negative comments were received. Water Utilities states that the existing 6" sanitary sewer will be abandoned by City workers at the owner's expense. At a Regular Meeting held August 15, 2011,the Planning Commission recommended approval 8:0 of the abandonment subject to the following condition: • The existing 6" sanitary sewer will be abandoned at the owner's expense. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A UTILITY EASEMENT LOCATED AT 445 N. 14TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Mark Whiteley and Associates, Inc. on behalf of the property owner, Calder Ten, Ltd., has applied for the abandonment of a utility easement located at 445 N. 14th Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the easement is not longer necessary for municipal utility purposes and the abandonment of said easement is in the best interest of the City and should be granted, subject to the following condition; • The existing 6" sanitary sewer will be abandoned at the owner's expense. 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 resolution are hereby, in all things, approved and adopted; and, THAT a utility easement located at 445 N. 14th Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto, be and the same are hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law; subject to the following condition; • The existing 6" sanitary sewer will be abandoned at the owner's expense. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of August, 2011. - Mayor Becky Ames - 1 LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 10'by 155' general utility easement located in Block 12, Jarrett Addition, City of Beaumont, Jefferson County, Texas as recorded in Vol. 2203,Page 109 of the Deed Records of Jefferson County, Texas, containing 0.03 acres,more or less. EXHIBIT "A" : Request to abandon a utility easement. Location: 445 N. 14th Street Applicant: Tom Rowe for Mark Whiteley &Associates,Inc. 0 100 200 Feet LL S-!MD __ Legend ® 784OB GC-MD -MD G MCFADDIN AVE 0 Z GC-M D GC-MD GC-M D N CALDER AVE 'yo GC-MD tip GC -MD OWN GE-MD GC-M.D G_C-MD EXHIBIT "B" f 1 McFADDIN AVE. (60' Row) I FM'2.08412 ACRkS�-.. I fw ofC 12R T� auE'� i I I I I OPPc I i i I i I i i I I I I LOT 12 I LOT It I LOT 10 I, LOT 9 1 LOT 8 1 LOT 7 1 LOT 6 1 LOT 5 I LOT 4 1 LOT 3 1 LOT 2 1 LOT 1 I I I I I I I I I I Z 10'x M.6ENEfL4! y., I U77UTY EASSWENT 1VOL 220D 3 PG 109 f I I I I l i I w To eE °°"F° — —� ——J—— L—...a 204IRS T- , T -1, - F T- -T T-J T --1, 0 I I I I j 20' WIDE OAL-MY ABARIDOMED I I I ( I VOL. 2203 PG. 109 & VOL 78.3 PG. 74 AW & ORDI"IM ND. 79-102 1 i I I I I I I I f f LOT 13 j LOT 14 j LOT 15 j LOT 16 j LOT 17 j LOT 18 j LOT 19 I LOT 20 j LOT 21 j LOT 22 I LOT 23 j LOT 24 I i I I I I I I I I I I I I i I f I I I I 1 I I I I I I I I I I I I I I I l i I 1 I CALDER AVE. (70' ROW) * Approval subject to the following condition: • The existing 6" sanitary sewer will be abandoned at the owner's expense. Carer Teo.U& 1 21'' 11 OF A "Maw 1 10• = 155- GAL UTHf!"i' HASEMEW AMOMAM 1 VOL. 220.2 PG. 100, DRJC elm II OF JA]IiT1' ADDITION VOL. 9, PG. 175 ,�"�„ "''!� • JEFPRWM COUNTY, TZUS SCALE: 1"=50' , `,+r TO BIT ARMDOXIM EXHIBIT "C" 8 August 23,2011 Consider the abandonment of a utility easement at 5710 Longwood RICH WITS OPPORTUXITY BEAU-! 'O'N* T • R 0 X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C�f) PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 23, 2011 REQUESTED ACTION: Council consider the abandonment of a utility easement at 5710 Longwood. RECOMMENDATION The Administration recommends approval of the abandonment. BACKGROUND Neil Fogal has applied for the abandonment of a utility easement. The purpose of the partial abandonment of a general utility easement at the rear of the property at 5710 Longw000d is to allow for adequate excavation space for the installation of a swimming pool. At a Regular Meeting held August 15, 2011,the Planning Commission recommended approval 8:0 of the abandonment. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A UTILITY EASEMENT LOCATED AT 5710 LONGWOOD STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Mark Whiteley and Associates, Inc. on behalf of the property owner, Neil Fogal, has applied for the abandonment of a utility easement located at 5710 Longwood Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit"A" and shown on Exhibits "B" and "C," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the easement is not longer necessary for municipal utility purposes and the abandonment of said easement is in the best interest of the City and should be granted; 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 resolution are hereby, in all things, approved and adopted; and, THAT a utility easement located at 5710 Longwood Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto, be and the same are hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of August, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 5'x 50'portion of a 16'wide utility easement beginning where the south edge of a Jefferson County Drainage District#6 easement intersects with the west edge of said 16' utility easement and extending in a southeasterly direction along the west edge of said utility easement for a distance of 50'to a point, City of Beaumont,Jefferson County,Texas, containing 0.005 acres,more or less. EXHIBIT"A" : bequest to abandon a utility easement. Location: 5710 Longwood Applicant: Neil Fogal 0 100 200 J Feet Legend R S ® 7830B AVENUE OF THE OAKS z [R-S J H a 0 R=S R-S LONGWOOD ST R-S RM-H RM-H EXHIBIT "B" UABM .FM. Am MMM V'.T. ko.ZU251 4-T.. rt � .• AND WCAFEE UMTOA(t & (N$ COWAcNY CALDVIEI.L CLIT—OFF DRAMAM DiTOf FOUND d/ FiCN Al7d F< Fowl sly' AM ROD � mar am. S*10� than ri Wwa.FERM rOM Of LOT 12 / a LOT 12A AeAn► A� z 1 r F a. r LOT / ce 12s b I" I p g: TWO STORY BRKx Y AND WOOD MAW, RESIDENCE ON SLAB ••.w AY �V ORNEWAY � a C h COVERED y se �Q �arial )•s+a) "TOM ROD t 1 te►��"�°F'Em .T Gt \-FCIMQ SJe- S IRI ADD silo . IROK ROD N 88'2,'38" W 95.W FwND 1/2- TA A9G G RON ROD C3. '� 128- "13n4o -w CKM 12atIW' 129.90 'VAN ft-W DESCRIPTION OF SERVICES REQUESTED, M &W CORNERS AND SJOW tMMOV61uf@MU& SURVETOWS CERTMVM7M - DO HEREBY CEATIFY• Tip TISM aw of MV'KNOVAIME NO tl F. THAT IHS IS AY.aasorr 4W ftAT NP d st>RYka?►k REI`JR6t WW Q* ME GROUND UNDER MY SUVERvr9p!SHD'ANC AU, S PRQVEMENTS AND,ANY ViS!"ENCRDACWMt'M AS$ NOVEMBER '6[a!y ��t'flf]Pt TI-W ABOVE TRACT BEING LOCATED AT 5710 LCMG."= STi�EFT E U�Y 07. T 7 _ I -- EXHIBIT "C" 9 August 23,2011 Consider authorizing the City Manager to execute an Industrial District Contract with Pandora Methanol, LLC RICH WITS OPPORTUNITY BEAUMU'N�* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer P-1 MEETING DATE: August 23, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute an Industrial District Contract with Pandora Methanol, LLC. RECOMMENDATION The Administration recommends approval. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located within the extra territorial jurisdiction of the City of Beaumont. On December 18, 2008, the City entered into an initial industrial contract with Eastman Chemical Company that expires in 2015. Earlier in 2011, Pandora Methanol, LLC,purchased the Eastman Chemical Methanol and Ammonia facility. Under Article III, Sale of Company, in the current agreement with Eastman, it states that the agreement may be assigned to the new owner who expressly assumes the obligations of the prior Company in a written instrument. On June 14, 2011, Pandora requested that the City assign the existing agreement to Pandora Methanol, LLC, for the remainder of the term of the agreement and requested that 100%of the value of any new investment in the facility be excluded from the assessed value of the Company's property for the remainder of the agreement. Attached is a draft agreement that reflects the request made by Pandora. The in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City on the property purchased as if the industry were located within the city limits in 2012 and 2013 and 75% of property taxes due to the City in 2014 and 2015 on the same property. The assessed value per $100 of valuation is multiplied by the tax rate effective on October 1, 2011. Payments will be due to the City by February 1'of each year. BUDGETARYIMPACT The uncertified 2011 assessed value of the property purchased by Pandora is $5,525,710. At 80%percent of the value or$4,420,568 and a tax rate of$.64 per$100 of assessed valuation, the payment for FY 2012 is estimated to be $28,300. THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of § 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home-rule city located in Jefferson County, Texas, hereinafter called "City," and Pandora Methanol, LLC, a corporation, hereinafter called "Company." PREAMBLE WHEREAS, City has established an industrial district comprising a certain part of the extra-territorial jurisdiction of City, such industrial district being known as City of Beaumont Industrial District (the "District"). WHEREAS, Company and/or its Affiliates (as hereinafter defined) owns and/or leases land and improvements which are part of the manufacturing and industrial facilities of Company and/or its Affiliates located within District, such land and improvements being more particularly described in Exhibit "A" attached hereto (the "Property"). WHEREAS, Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon City and benefits derived by Company by reason of being located immediately adjacent to City. Page 1 WHEREAS, Company and City desire to base the industrial district payment on assessed value to ensure equity among the companies. WHEREAS, City desires to encourage the addition of new improvements to the Company's property located within the City of Beaumont Industrial District; In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: ARTICLE I. COMPANY'S OBLIGATION 1. The Company will receive a 100% tax abatement through 2015, on all new construction and improvements to existing facilities on the herein described property. This abatement does not include the value of the existing property described in Exhibit "A." The Company shall be responsible for the payment of ad valorem taxes based upon the existing value of the property and improvements currently existing in Exhibit "A" as determined by the Jefferson County Appraisal District. The Company shall notify City in writing at least thirty (30) days prior to the date construction is scheduled to commence. 2. Company will make an annual payment to City on or before February 1st of each such year computed based on 100% of the Assessed Value of the Company's facilities and property, real, personal, and mixed, located on Company's land covered by this Agreement (herein "the property") as provided herein (the "Annual Payment") . Page 2 3. "Assessed Value" means the 100% valuation of Company Property and improvements thereon as determined by the Jefferson County Appraisal District for the previous tax year. 4. "Assumed City Taxes Due" means the number obtained by the following formula: Assessed Value/ 100 x Current City Tax Rate =Assumed City Tax Due 5. In October of each year the Finance Officer for City shall obtain the most recent Assessed Value as set by the Jefferson County Tax Appraisal District and such valuation shall be used for the Annual Payment due the following February; by way of example, October 2011 Assessed Values would be used for the February 1, 2012 payment. If the assessed values are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. Page 3 6. For 2012 and 2013, the payment shall equal 80% of the Assumed City Taxes Due and for years 2014 and 2015 the payment shall equal 75% of the Assumed City Taxes Due. City shall bill Company for payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each year. Upon receiving the final payment, the Finance Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to City had Company been in the city limits of City will be recaptured and paid to City within 60 days of any such event. ARTICLE II. PROPERTY COVERED BY AGREEMENT This Agreement will reflect the intention of the parties hereto that this Agreement shall govern and affect the properties of Company and/or its Affiliates (facilities, real, personal, and mixed) located on the Property more particularly described in Exhibit "A", which are within the extra-territorial jurisdiction of the City of Beaumont. "Affiliates" shall mean any entity owned entirely or in part by Company. ARTICLE 111. Page 4 SALE BY COMPANY (a) Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to City as provided under this Agreement. Accordingly, and as to payments due under this Agreement, no such sale shall reduce the amount due City under this Agreement until the purchaser of such facility has entered into a contract in lieu of taxes with City that provides for a continuation of like payments to City. (b) Company shall have the right to assign, transfer or convey all, or any part of, its rights, title and interest in the Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to City. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. ARTICLE IV. CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the Agreement except as follows: Page 5 (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with state law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation becomes final with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all costs of such action being borne equally by the City and by the said Company or companies with Company's portion allocated on the basis of Assessed Values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in Page 6 any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement or any renewals thereof, City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V. TERMINATION FOR BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI. AFFILIATES Page 7 The benefits accruing to Company under this Agreement shall also extend to Company's "parent," "affiliates" and to any properties owned or acquired by said parent and affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its parent and/or affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. The word "parent" as used herein shall mean all companies which directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent (50%) of the stock having the right to vote for the election of directors of Company. ARTICLE YII. TERM OF AGREEMENT The term of this Agreement shall be for four (4) years, expiring December 31, 2015. NOTICES Any notice provided for in this Agreement, or which may otherwise be required by law shall be given in writing to the parties hereto by certified mail addressed as follows: TO CITY TO COMPANY City of Beaumont Pandora Methanol LLC Page 8 Attn: City Manager PO Box 1647 801 Main Street Nederland, Texas 77627 Beaumont, Texas 77704 IN WITNESS THEREOF, this Agreement, consisting of pages plus Exhibit "A" is executed in duplicate counterparts as of this day of , 2011. CITY OF BEAUMONT, TEXAS By: Kyle Hayes ATTEST: City Manager Tina Broussard City Clerk PANDORA METHANOL, LLC By: ATTEST: Page 9 RESOLUTION NO. WHEREAS, on December 18, 2008, the City of Beaumont entered into an Industrial District Contract with Eastman Chemical Company; and, WHEREAS, in early 2011, Pandora Methanol, LLC purchased the Eastman Chemical Methanol and Ammonia facility; and, WHEREAS, Pandora has requested that the City assign the existing contract to Pandora Methanol, LLC for the remainder of the term of the agreement; 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 City Manager be and he is hereby authorized to execute an Industrial District Contract with Pandora Methanol, LLC. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of August, 2011. - Mayor Becky Ames - P:UB,LIC HEARIN,G Receive comments related to an ordinance and a resolution declaring 12 structures to be dangerous structures and ordering their demolition so August 23,2011 Consider an ordinance and a resolution declaring 12 structures to be dangerous structures and ordering their demolition RICH WITH OPPORTUNITY BEAUN011 17k T Z • a • A S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C5� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 23, 2011 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance and resolution to declare the following twelve (12) structures to be dangerous structures and order their demolition. 1. 2140 Angelina(& storage building) 2. 1516 Annie 3. 1638 Annie (&storage building) 4. 1254 Center 5. 3075 Donohue 6. 2225 Foch 7. 2516 Laurel(garage) 8. 2498 W Lucas (rear storage building) 9. 2478 Park(garage apartment) 10. 945 Parry 11. 1751 Sarah 12. 23 86 St. Anthony(storage building) RECOMMENDATION Administration recommends approval. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) has approved the use of Community Development Block Grant Disaster Recovery funding for the demolition and clearance of residential properties that were damaged as a result of Hurricane Ike and are now uninhabitable. These structures have been inspected and have been determined to be unsafe and dangerous and contributing to slum and blight. The owners of these properties have signed a Demolition Consent form for the City to demolish their damaged structure. BUDGETARYIMPACT Funding will be available through a grant with TDHCA,with no local match. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 2140 Angelina (& storage building) 2. 1516 Annie 3. 1638 Annie (& storage building) 4. 1254 Center 5. 3075 Donohue 6. 2225 Foch 7. 2516 Laurel (garage) 8. 2498 W Lucas (rear storage building) 9. 2478 Park (garage apartment) 10.945 Parry 11.1751 Sarah 12.2386 St. Anthony (storage building) to be public nuisances in that said buildings violate Chapter 24, Article 24.04, Section 24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the property owner(s) of the following described buildings execute a work program with the City within ten (10) days of the effective date of this ordinance and either demolish or complete all repairs and receive a Certificate of Occupancy within one-hundred fifty (150) days. Should the owner(s) fail to obtain substantial completion as defined in the work program, within ninety (90) days from the initiating date of the work program, Council hereby orders that the property be demolished without further notification to the property owner(s) or City Council action. Section 4. If a property owner requests and is authorized by City Council to enroll in a work program, all properties are to be secured from unauthorized entry, and all delinquent taxes shall be paid in full or a payment plan executed prior to the enrollment of the property in the work program. Section 5. 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 6. 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 23rd day of August, 2011. - Mayor Becky Ames - RESOLUTION NO. A RESOLUTION APPROVING THE DEMOLITION AND CLEARANCE OF TWELVE(12)RESIDENTIAL PROPERTIES THAT WERE DAMAGED AS A RESULT OF HURRICANE IKE. THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS WILL ALLOCATE FUNDING FOR THE ACTIVITIES. WHEREAS,the Texas Department of Housing and Community Affairs has approved the use of Community Development Block Grant Disaster Recovery("CDBG")funding for the demolition and clearance of residential properties that were damaged as a result of Hurricane Ike and are now uninhabitable; and WHEREAS, the City has determined that the identified properties pose a threat to the public's health and safety because the structures are open and accessible, collapsed or in danger of collapse, an attractive nuisance to children, a harborage for vermin, and magnets for drug users and other criminal activity; and WHEREAS, the City of Beaumont has defined the demolition and clearance activities as Slum and Blight for Spot Basis; and WHEREAS, the elimination of specific conditions of blight or deterioration on a spot basis is designed to comply with the statutory objective for CDBG funds to be used for the prevention of blight, on the premise that such action(s) serve to prevent the spread to adjacent properties or areas; and 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 City Council of the City of Beaumont hereby finds and declares the buildings listed on Exhibit"A,"attached hereto,to be public nuisances in that said buildings violate Title 11, Chapter 24, Article 24.04, Division 1, et seq., of the Code of Ordinances of the City of Beaumont and are for want of repairs or, by reason of age, are dilapidated, decayed, unsafe or unsanitary, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. THAT the properties listed on Exhibit "A," attached hereto, are scheduled for demolition and clearance and are defined as Spot Slum and Blight. READ,ADOPTED and APPROVED this 23rd day of August, 2011, at a meeting of the City Council of the City of Beaumont, Texas, by the following vote: AYES: Councilmembers: NOES: Councilmembers: - Mayor Becky Ames - ATTEST: City Secretary August 2011 Legal Description Location 2140 Angelina Residence& Storage Building Parkdale L 10 B 16 Abstract 050750 1516 Annie Residence Sunset Heights L6 B 1 1638 Annie Residence& storage building Sunset Heights L 19 B 1 Abstract 063050 1254 Center Residence Chaison S23 3/10FT of N1/2 L 7 & 8 B 17 Abstract 012100 3075 Donohue Residence Dixie Terrace L 1 B 1 Abstract 016800 2225 Foch Residence Joachimi L 13 B 13 Abstract 032450 2516 Laurel Garage Averill L 24 B 47 2498 W Lucas Rear storage building Calder Highlands NI/2 L7 B31 Abstract 008901 2478 Park Garage apartment Ellis L16 B2 Abstract 019200 945 Parry Residence Bergmann L 3 B 2 1751 Sarah Residence Mildred L4 B2 Abstract 044300 2386 St Anthony Storage building PL K T 5 D Brown Pam Loiacano Demolition Coordinator Exhibit A City of Beaumont 801 Main Street Beaumont, Texas 77701 (409) 880-3762 EXRIBIT A WORK SESSION Review and discuss the proposed FY 2012 Budget and the proposed 2012 Capital Program i JOfNT PUB:LIC HEARI"NIG Receive comments on the proposed FY 2012 Budget and the proposed 2012 Capital Program RICH WITH OPPORTUNITY T . E R,EA:Umo x . A . $ City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer 0`� MEETING DATE: August 23, 2011 REQUESTED ACTION: Council to hold a joint public hearing on the proposed FY 2012 Budget and proposed 2012 Capital Program. RECOMMENDATION Administration recommends that Council hold a joint public hearing, as scheduled, on the proposed FY 2012 Budget and the proposed 2012 Capital Program. BACKGROUND The proposed FY 2012 Budget was submitted to Council on August 9,2011. The proposed 2012 Capital Program was originally submitted on May 13, 2011. On August 9, 2011,the proposed 2012 Capital Program was submitted with revisions. The notice of the public hearing on the Budget and Capital Program was published August 16, 2011. BUDGETARY IMPACT The proposed FY 2012 Budget appropriation for all funds, net of contingency, totals $217,020,018.