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PACKET SEPTEMBER 23 2003
MAW City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 23,2003 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 8-13/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider adopting the FY 2004 Budget 2. Consider adopting the FY 2004 Capital Improvement Program(CIP) 3. Consider adopting a property tax rate of$0.67 for the 2003 tax year(FY 2004) 4. Consider approving a request for a specific use permit to allow a retail business and related parking and service drives in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District at the northwest corner of Dowlen Road and Delaware Street 5. Consider approving a request for a specific use permit to allow a parking lot in an NC (Neighborhood Commercial) District at 4020 Park Street 6. Consider approving a request for a zone change from RM-M(Residential Multiple Family Dwelling-Medium Density)and GC-MD(General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District for the property at 8550 Old Voth Road 7. Consider approving a request for a specific use permit to allow a transitional housing(residential care) facility in an RCR(Residential Conservation and Revitalization)District at 1616 Sabine Pass 8. Consider approving a request to abandon Vermont Avenue from a point approximately 125'west of M. L. King Parkway west to the Union Pacific Railroad right-of-way 9. Consider authorizing the City Manager to execute a labor agreement with the International Association of Firefighters Local 399 10. Consider authorizing the City Manager to execute a lease agreement for the Tyrrell Park Stables facility 11. Consider approving a bid for the purchase and installation of a fire alarm system for the Julie Rogers Theatre 12. Consider authorizing the City of Beaumont to participate with other cities in intervening in Entergy-Gulf States various fuel reconciliation, fuel factor and fuel surcharge/refund cases filed at the Public Utility Commission in 2003 13. Consider amending Chapter 20 of the Code of Ordinances to add a new Section 20-12 to adopt a fee for nonresident usage of the Sterling Pruitt Activity Center 14. PUBLIC HEARING: Conduct a public hearing regarding the acceptance and application of FY 2004 State Public Transportation Funds for the Beaumont Municipal Transit System WORKSESSION * Review a proposal to adopt new building codes 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: Claim of Lora Jackson Claim of Shirley Burgess Vaughn Stephen Ayres, Jr. v. City of Beaumont, et al Linda Gay Young v. The City of Beaumont, Texas * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Position of City Clerk Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 September 23,2003 Consider adopting the FY 2004 Budget V~1175 City of Beaumont 1W_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 23, 2003 AGENDA MEMO DATE: September 16, 2003 REQUESTED ACTION: Adopt FY 2004 Budget RECOMMENDATION Administration recommends Council adopt the FY 2004 Budget as submitted to Council on August 12, 2003. BACKGROUND Article VI, Section 8 of the City Charter requires that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Section 9 states that "the budget shall be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." BUDGETARY IMPACT Proposed appropriation for all funds, net of contingency, totals $153,673,900. Additionally, a contingency appropriation of$1,500,000 and $800,000 is made for the General Fund and the General Liability Fund respectively. PREVIOUS ACTION A public hearing was held September 9, 2003. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. ORDINANCE NO. ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. WHEREAS,the City Manager of the City of Beaumont submitted to the City Council a budget estimate for the revenues of said City and expenses of conducting the affairs thereof forthe fiscal year beginning October 1, 2003 and ending September 30, 2004; and, WHEREAS, after notices and public hearings held in accordance with the requirements of the Charter of the City of Beaumont and the statutes of the State of Texas, the City Council is of the opinion that the budget, as attached hereto as Exhibit"A", should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the budget attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby adopted and approved. Exhibit "A" is hereby adopted and approved as the budget of all the correct expenses as well as the fixed charges of the City for the fiscal period beginning the 1st day of October, 2003, and ending the 30th day of September, 2004, and the several amounts stated in Exhibit"A"as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Notices given, as required for the adoption of said budget, are hereby ratified. Section 2. That the sums indicated are appropriated from the following schedule of funds: a. General $74,426,200 b. Debt Service 13,911,800 C. Water Utilities 26,367,500 d. Solid Waste Management 9,120,200 e. Hotel Occupancy Tax 1,893,000 f. Street Maintenance 1,647,400 g. Municipal Transit 3,700,000 h. Other Special Revenue 3,165,300 I. Capital Reserve 1,904,900 j. Fleet Management 4,355,400 k. Employee Benefits 13,928,200 I. General Liability 1,554,000 Section 3. That the City Manager is hereby authorized to transfer budgeted funds from one line-item to another line item provided the transaction is not an interfund transfer. Section 4. 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 in no way affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of September, 2003. - Mayor Evelyn M. Lord - GENERAL FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2002 FY 2003 FY 2003 FY 2004 BEGINNING BALANCE $ 7,404,208 6,699,326 6,946,032 7,160,532 REVENUES: Sales and use tax 26,384,592 26,760,000 26,341,000 26,368,000 Property taxes 12,198,104 13,561,000 13,651,000 15,023,000 Industrial payments 12,313,204 11,779,500 11,757,700 11,920,300 Gross receipts tax 5,657,000 5,695,000 5,947,300 5,940,200 Utility fund in lieu 5,100,000 6,325,000 6,539,000 6,279,000 Charges for services 2,685,527 2,499,000 2,688,200 2,665,700 Fines and forfeits 1,865,442 1,957,000 1,835,100 1,926,500 Licenses and permits 1,396,326 1,229,900 1,292,500 1,159,100 Culture and recreation 805,238 807,200 785,800 757,300 Interest earnings 373,929 400,000 241,000 286,000 Miscellaneous revenue 919,334 771,000 667,300 604,100 TOTAL REVENUES 69,698,696 71,784,600 71,745,900 72,929,200 TOTAL RESOURCES AVAILABLE 77,102,904 78,483,926 78,691,932 80,089,732 EXPENDITURES: Executive Office 1,122,503 1,321,400 1,230,600 1,306,000 City Clerk 1,058,130 1,034,000 1,021,000 1,026,300 City Attorney 641,677 575,700 599,800 622,900 Human Resources 661,363 658,000 645,600 683,800 Central Services 6,571,863 6,573,400 6,426,200 8,707,900 Finance 1,059,593 1,185,500 1,147,400 1,206,300 Police 19,402,662 20,345,300 19,725,500 20,518,800 Fire 14,033,776 14,796,100 15,493,300 15,504,200 Public Health 4,391,779 4,615,900 4,464,600 4,560,300 Public Works 11,873,629 11,575,800 11,274,600 8,836,600 Community Services 2,579,715 2,524,700 2,306,500 2,263,800 TOTAL EXPENDITURES 63,396,690 65,205,800 64,335,100 65,236,900 OTHER FINANCING USES: Transfers out 6,760,182 7,196,300 7,196,300 7,689,300 TOTAL APPROPRIATIONS 70,156,872 72,402,100 71,531,400 72,926,200 ENDING FUND BALANCE: Reserved for contingency - 1,500,000 - 1,500,000 Unreserved 6,946,032 4,581,826 7,160,532 5,663,532 TOTAL ENDING FUND BALANCE $ 6,946,032 6,081,826 7,160,532 7,163,532 EXHIBIT "A" DEBT SERVICE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2002 FY 2003 FY 2003 FY 2004 BEGINNING BALANCE $ 2,323,346 2,462,847 2,508,316 2,632,716 REVENUES Property taxes 12,702,001 12,721,000 12,810,000 12,929,000 Interest earnings 112,965 100,000 75,000 68,000 Miscellaneous revenue 250,506 328,800 328,800 340,700 Contributions from other funds 816,452 722,100 705,200 758,300 TOTAL REVENUES 13,881,924 13,871,900 13,919,000 14,096,000 TOTAL AVAILABLE RESOURCES 16,205,270 16,334,747 16,427,316 16,728,716 EXPENDITURES Principal and interest 13,687,462 14,044,300 13,771,600 13,903,800 Service charges 7,896 8,500 8,000 8,000 Other operating expenses 1,596 - 15,000 - TOTAL EXPENDITURES 13,696,954 14,052,800 13,794,600 13,911,800 ENDING BALANCE $_ 2,508,316 2,281,947 2,632716 � 2,816,916 WATER UTILITIES FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2002 FY 2003 FY 2003 FY 2004 BEGINNING BALANCE $ 5,054,135 5,500,520 4,643,855 3,932,955 REVENUES Water sales 14,532,059 15,445,000 14,700,000 15,016,000 Sewer charges 9,833,966 10,322,000 10,085,000 10,320,000 Service charges 1,222,384 1,089,000 1,181,800 1,101,000 Interest 518,624 1,000,000 80,000 40,000 Miscellaneous revenue 91,589 30,000 128,400 5,200 TOTAL REVENUES 26,198,622 27,886,000 26,175,200 26,482,200 TOTAL AVAILABLE RESOURCES 31,252,757 33,386,520 30,819,055 30,415,155 EXPENDITURES Wages 4,759,171 4,760,300 4,677,800 4,738,300 Benefits 1,427,785 1,430,900 1,483,300 1,445,400 Supplies and equipment 2,043,783 2,291,000 1,977,100 2,039,900 Repair and maintenance 881,200 860,500 913,100 831,200 Utilities 1,407,154 1,506,600 1,473,300 1,509,300 Contract services 347,119 506,200 356,700 411,300 Capital 4,702,276 3,380,200 2,856,400 2,500,000 Debt service 5,703,215 6,861,300 6,861,300 6,826,000 Payment in lieu of taxes 4,350,000 5,325,000 5,239,000 4,973,000 Transfers to other funds 987,199 1,048,100 1,048,100 1,093,100 TOTAL EXPENDITURES 26,608,902 27,970,100 26,886,100 26,367,500 Unreserved 4,643,855 5,416,420 3,932,955 4,047,655 ENDING FUND BALANCE $ 4,643,855 5,416,420 3,932,9554,0471655 SOLID WASTE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2002 FY 2003 FY 2003 FY 2004 BEGINNING BALANCE $ 4,068,337 3,301,657 3,613,960 3,265,060 REVENUES Residential collections 4,595,693 4,920,000 4,975,000 5,000,000 Recycling 1,759 - 200 - Landfill fees 1,737,288 1,685,000 1,580,000 1,535,000 Clean community fees 266,221 265,000 265,000 265,000 Interest earnings 101,300 75,000 60,000 36,000 Miscellaneous revenue 141,980 203,300 188,900 45,000 Other financing sources 938,517 - - - TOTAL REVENUES 7,782,758 7,148,300 7,069,100 6,881,000 TOTAL AVAILABLE RESOURCES 11,851,095 10,449,957 10,683,060 10,146,060 EXPENDITURES Wages 1,953,683 2,220,900 2,120,400 2,263,000 Benefts 556,570 655,300 682,500 725,500 Supplies and equipment 417,520 451,200 483,400 531,400 Repair and maintenance 1,136,372 1,142,800 1,005,200 1,187,500 Utilities 33,144 32,200 37,500 37,500 Contract services 338,942 259,700 237,000 242,500 Capital 2,421,395 574,200 589,200 1,425,400 Debt service 173,311 393,300 393,800 798,300 Payment in lieu of taxes 750,000 1,250,000 1,300,000 1,306,000 Transfers to other funds 456,198 569,000 569,000 603,100 TOTAL EXPENDITURES 8,237,135 7,548,600 7,418,000 9,120,200 Unreserved 3,613,960 2,901,357 3,265,060 1,025,860 ENDING BALANCE $ 3,613,960 2,901,357 3,265,060 1,025,860 HOTEL OCCUPANCY TAX FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2002 FY 2003 FY 2003 FY 2004 BEGINNING BALANCE $ 163,613 291,830 368,866 351,766 REVENUES Gross receipts tau 1,792,575 1,560,000 1,580,000 1,580,000 Interest earnings 11,662 10,000 7,800 7,500 Miscellaneous revenues 526 1,500 16,200 16,000 TOTAL REVENUES 1,804,763 1,571,500 1,604,000 1,603,500 TOTAL AVAILABLE RESOURCES 1,968,376 1,863,330 1,972,866 1,955,266 EXPENDITURES Convention and Visitors Bureau 806,711 869,400 701,100 944,400 Convention Facilities 502,799 621,400 595,000 603,600 Designated Programs 290,000 372,500 325,000 345,000 TOTAL EXPENDITURES 1,599,510 1,863,300 1,621,100 1,893,000 ENDING BALANCE $ 368,866 30 351,766 62,266 STREET MAINTENANCE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2002 FY 2003 FY 2003 FY 2004 BEGINNING BALANCE $ 1,723,121 1,858,100 1,888,900 1,627,400 REVENUES Service charges 1,462,106 - 1,500 - Interest earnings 49,985 20,000 37,000 20,000 TOTAL REVENUES 1,512,091 20,000 38,500 20,000 TOTAL AVAILABLE RESOURCES 3,235,212 1,878,100 1,927,400 1,647,400 EXPENDITURES General construction 1,346,312 1,878,100 300,000 1,647,400 TOTAL EXPENDITURES 1,346,312 1,878,100 300,000 1,647,400 Unreserved 1,888,900 - 1,627,400 - ENDING BALANCE $ 1,888,900 - 1,627,400 - MUNICIPAL TRANSIT FUND Ap STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2002 FY 2003 FY 2003 FY 2004 BEGINNING BALANCE $ 130,965 8,366 67,041 (42,959) REVENUES Service charges 622,572 650,000 560,000 661,200 Intergovernmental revenue 2,390,561 1,600,700 2,755,000 1,888,000 Interest 141 - - - Transfer from General Fund 1,020,000 1,275,000 1,275,000 1,200,000 TOTAL REVENUES 4,033,274 3,525,700 4,590,000 3,749,200 TOTAL AVAILABLE RESOURCES 4,164,239 3,534,066 4,657,041 3,706,241 EXPENDITURES Contract services 3,425,717 3,500,000 3,400,000 3,600,000 Capital outlay 671,481 - 1,300,000 100,000 TOTAL EXPENDITURES 4,097,198 3,500,000 4,700,000 3,700,000 Unreserved 67,041 34,066 (42,959) 6,241 ENDING BALANCE $ 67,041 34,066 (42,959) 6,241 OTHER SPECIAL REVENUE FUNDS STATEMENT OF REVENUES AND EXPENDITURES Balance FY 2004 Balance 10101/03 Revenues 82m- 09130104 Confiscated Goods $ 952,900 $ 20,000 $ 972,900 $ - Fire Training Grounds 69,000 321,000 390,000 - Tax Increment Financing 350,500 111,000 461,500 - Municipal Airport 20,200 108,200 128,400 - Texas Motor Carrier Violations 300 40,000 40,300 Municipal Court Security Fee 77,100 82,000 159,100 - Municipal Court Technology 388,700 106,000 494,700 - Julie Rogers Theatre Endowment 231,000 5,000 136,000 100,000 (1) Tyrrell Historical Library 23,300 500 23,800 - Expendable Trust 160,700 25,700 186,400 - Library Trust 124,600 5,700 130,300 - Library Endowment 775,500 12,000 26,300 761,200 (1) Historical Fire Museum 5,400 10,200 15,600 - TOTAL $ 3,179,200 $ 847,300 $ 31651300 $ 861,200 -a (1) Unexpendable endowment CAPITAL RESERVE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2002 FY 2003 FY 2003 FY 2004 BEGINNING BALANCE $ 1,337,191 1,037,308 1,282,489 1,082,789 REVENUES Fleet rental 1,394,100 1,429,400 1,429,400 1,357,300 Interest earnings 57,479 30,000 38,400 30,000 Miscellaneous revenue 220,050 - - - Transfers in 208,500 208,500 208,500 350,000 TOTAL REVENUES 1,880,129 1,667,900 1,676,300 1,737,300 TOTAL AVAILABLE RESOURCES 3,217,320 2,705,208 2,958,789 2,820,089 EXPENDITURES Improvements 181,549 133,000 89,200 286,500 Equipment 259,704 165,100 200,800 89,600 Vehicles 742,606 974,500 718,300 710,700 Debt service 750,972 867,700 867,700 818,100 TOTAL EXPENDITURES 1,934,831 2,140,300 1,876,000 1,904,900 Unreserved 1,282,489 564,908 1,082,789 915,189 ENDING BALANCE $ 1,282 489 564,908 1,082,789 9151189 FLEET MANAGEMENT FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2002 FY 2003 FY 2003 FY 2004 BEGINNING BALANCE $ 420,101 611,413 364,235 588,435 REVENUES User fees 4,114,630 4,083,900 4,229,800 4,350,900 Interest earnings 5,268 4,000 2,500 2,000 TOTAL REVENUES 4,119,898 4,087,900 4,232,300 4,352,900 TOTAL AVAILABLE RESOURCES 4,539,999 4,699,313 4,596,535 4,941,335 EXPENDITURES Wages 901,886 946,700 829,400 917,300 Benefits 253,886 281,200 259,400 268,500 Supplies and equipment 818,725 776,600 921,600 926,500 Repair and maintenance 1,553,290 1,538,500 1,267,200 1,518,200 Utilities 40,786 42,000 44,700 44,800 Contract services 439,792 407,800 492,000 501,200 Equipment 4,100 24,100 21,400 3,600 Transfers out 163,299 172,400 172,400 175,300 TOTAL EXPENDITURES 4,175,764 4,189,300 4,008,100 4,355,400 Reserved for inventory - - - - Unreserved 364,235 510,013 588,435 585,935 ENDING BALANCE $ 364,235 510,013 588,435 585,935 EMPLOYEE BENEFITS FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2002 FY 2003 FY 2003 FY 2004 BEGINNING BALANCE $ 1,597,864 1,019,466 1,117,469 1,258,769 REVENUES Interdepartmental transfers Employee health 3,605,646 4,040,700 4,040,700 3,846,000 Dependent health 5,626,549 5,765,500 5,765,500 6,153,400 Workman's comp 1,108,511 1,232,400 1,232,400 1,279,000 Unemployment and short-term disability 409,784 350,000 350,000 430,000 Employee contribution 1,572,033 1,690,000 1,720,500 1,712,000 Interest 108,359 90,000 55,000 50,000 Insurance recoveries 282,955 - 73,400 60,000 TOTAL REVENUES 12,713,837 13,168,600 13,237,500 13,530,400 TOTAL AVAILABLE RESOURCES 14,311,701 14,188,066 14,354,969 14,789,169 EXPENDITURES Health Standard indemnity plan 5,557,205 5,541,000 5,142,000 5,690,000 Managed health organization 3,107,164 3,595,000 3,380,000 3,630,000 Health prescriptions 1,913,692 1,950,000 1,750,000 1,960,000 Dental 625,951 712,000 714,000 751,000 Other benefits 124,134 173,500 153,500 190,000 Total 11,328,146 11,971,500 11,139,500 12,221,000 Worker's Compensation Third party administration 59,132 62,000 63,500 62,000 Claims paid 1,226,984 1,000,000 950,000 1,000,000 Excess insurance 25,414 30,000 75,000 75,000 Safety management 107,790 133,200 93,200 95,200 Total 1,419,320 1,225,200 1,181,700 1,232,200 General Unemployment 65,105 60,000 350,000 75,000 Short-term disability 381,661 300,000 425,000 400,000 Total 446,766 360,000 775,000 475,000 TOTAL EXPENDITURES 13,194,232 13,556,700 13,096,200 13,928,200 Unreserved 1,117,469 631,366 1,258,769 860,969 ENDING BALANCE $ 1,1171469 631,366 1,25 769 86r 0_x969 GENERAL LIABILITY FUND ke STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2002 FY 2003 FY 2003 FY 2004 BEGINNING BALANCE $ 1,258,341 949,942 944,203 1,113,403 REVENUES Interest 35,879 30,000 23,000 25,000 Transfers in 400,000 550,000 550,000 550,000 TOTAL REVENUES 435,879 580,000 573,000 575,000 TOTAL AVAILABLE RESOURCES 1,694,220 1,529,942 1,517,203 1,688,403 EXPENDITURES Professional services 30,050 70,000 50,000 50,000 Claims paid 716,547 600,000 350,000 700,000 Other insurance 3,420 4,000 3,800 4,000 TOTAL EXPENDITURES 750,017 674,000 403,800 754,000 Reserved for unpaid claims - 800,000 - 800,000 Unreserved 944,203 55,942 1,113,403 134,403 ENDING BALANCE $ 944,203 855,942 1,113,403 934,403 2 September 23,2003 Consider adopting the FY 2004 Capital Improvement Program(CIP) f City of Beaumont •�• Council Agenda Item • K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 23, 2003 AGENDA MEMO DATE: September 16, 2003 REQUESTED ACTION: Adopt FY 2004 Capital Improvement Program (CIP) RECOMMENDATION Administration recommends Council adopt the FY 2004 CIP as reviewed at a public hearing on September 9, 2003. BACKGROUND Article VI, Section 20 states that "the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the twenty-seventh (27th) day of the last month of the current fiscal year." BUDGETARY IMPACT Projects classified as current in the FY 2004 CIP total $32,412,000 and include $27,450,000 in Public Works Improvements and $4,962,000 in General Improvements. The total for planned projects in both categories is $69,960,000. PREVIOUS ACTION The CIP was submitted to Council on May 13, 2003 and reviewed at a public hearing held on September 9, 2003. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the FY2004 Capital Program is hereby adopted. The Capital Program is substantially in the form attached hereto as Exhibit"A." A public hearing was held at 1:30 PM on September 9, 2003 in the City Council Chambers, City Hall, Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23' day of September, 2003. - Mayor Evelyn M. Lord - FIVE YEAR CAPITAL IMPROVEMENT PROGRAM PUBLIC WORKS PROJECTS FY 2004-2008 Estimated Estimated FY 2004 Future Anticipated Project Expenditures Planned Funding Construction Current Projects Cost at FYE 2003 Expenditures Required Start Date 23rd-College to Washington $ 1,930,000 200,000 1,730,000 - In Progress Virginia-Mercantile to Avenue A 2,830,000 10,000 1,512,500 1,307,500 2004 Downtown Improvements Orleans-Wall to Crockett 950,000 (1) 100,000 850,000 - In Progress Pearl-Fannin to Liberty 500,000 - 150,000 350,000 2004 Delaware-Dowlen to Major 3,660,000 160,000 2,500,000 1,000,000 2003 Phelan Boulevard Drainage Participation Project 200,000 (2) - 200,000 - 2004 Phelan-Major to Keith 2,430,000 - 200,000 2,230,000 2005 Concord IV-E. Lucas to Hwy 105 9,540,000 (3) - 830,000 8,710,000 2007 Main-Calder to Blanchette 3,250,000 - 225,000 3,025,000 2005 R.Christopher-US 69 S to Virginia 2,160,000 - 140,000 2,020,000 2005 Total Current Projects $ 27,450,000 470,000 8,337,500 18,642,500 Planned Projects ROW Design Acquisition Downtown Improvements Future Locations $ 1,500,000 2005 Old Dowlen-Dowlen to Hwy 105 3,000,000 (4) 2005 Street Rehabilitation Program 4,000,000 2005 Washington-ML King to IH-10 12,400,000 2005 N/A Calder-Main to W. Lucas 11,300,000 2006 N/A Dowlen-US 69 N to Folsom 1,900,000 2006 Madison-Irving to Grove 1,940,000 2006 N/A Moore Street Relief 4,650,000 2006 N/A South Park Relief 6,240,000 2007 Dowlen-College to Walden 4,320,000 2007 Complete Washington-Langham to Major 3,240,000 2007 High School Ditch 10,290,000 2007 Caldwood Outfall 4,380,000 2008 Total Planned Projects $ 69,160,000 Total Public Works Improvements $ _ 96 10000 (1) Includes TIFF funding of$500,000 (2) City's share of drainage participation with DD6. (3) Includes Federal Highway Administration funding of 80%up to$7,375,000. Construction start is September 2007. (4) Includes TxDOT funding of 80%up to$2,080,000. TxDOT construction start date is 2007. FYE=Fiscal Year End EXHIBIT "A" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM GENERAL IMPROVEMENTS PROJECTS FY 2004-2008 Estimated Estimated FY 2004 Future Anticipated Project Expenditures Planned Funding Construction Current Projects Cost at FYE 2003 Expenditures Required Start Date Art Museum of SE Texas Roof Replacement $ 150,000 7,200 142,800 - 2004 Central Park Tennis Courts 62,000 (1) - 62,000 - 2004 Cottonwood and Magnolia Park Improvements 325,000 (2) 500 170,000 154,500 2004 Julie Rogers Theatre Fire Alarm System 150,000 500 149,500 - 2004 Fire Station(Merge/Relocate 1 &11) 2,500,000 - 200,000 2,300,000 2005 Fletcher Mini Park Improvements 50,000 (1) - 50,000 - 2004 Sprott, Rogers and Central Parks Spray Devices 175,000 (1) - 175,000 - 2004 Tyrrell Park-Clubhouse& Parking Lot 650,000 - 250,000 400,000 2004 Visitor Center I CVB 900,000 - 100,000 800,000 2005 Total Current Projects $ 4,962,000 8,200 1,299,300 3,654,500 Planned Projects Design Communication Network-Phase II $ 750,000 2005 Lefler Park 50,000 (1) 2004 Total Planned Projects $ 800,000 Total General Improvements $ 5,762,000 (1) These projects will utilize the$575,000 proceeds from the sale of a portion of Central Park. (2) Project includes grant funding of 80%from UPARR and 10%from TPW. FYE=Fiscal Year End 3 September 23,2003 Consider adopting a property tax rate of$0.67 for the 2003 tax year(FY 2004) ...... Cit y of Beaumont Council A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 23, 2003 AGENDA MEMO DATE: September 16, 2003 REQUESTED ACTION: Accept the tax roll and establish the property tax rate for the tax year 2003. RECOMMENDATION Administration recommends that Council accept the Jefferson County Appraisal District's Certified Tax Roll and adopt a property tax rate of$0.67 for the tax year 2003 (FY 2004). The tax rate would be apportioned $0.36 to the General Fund and $0.31 to the Debt Service Fund. This distribution represents a shift of$0.015 from the rate dedicated to the Debt Service Fund to the General Fund. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rates. Effective January 1, 2000 Senate Bill 1118 requires all taxing units to adopt their tax rates before the later of September 30 or the 60`''day after the taxing unit receives the appraisal roll. Additionally, state law requires the adoption of the Budget before the tax rate. BUDGETARY IMPACT Property tax revenue in the FY 2004 Budget is calculated at the rate of$0.67 per$100 in assessed value. This rate, applied to the certified tax roll of$4,183,262,826 at a collection rate of 97%, generates total revenue of$27,187,000 for the General and Debt Service Funds combined. PREVIOUS ACTION A public hearing was held on September 9, 2003. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2003; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson County Appraisal District has furnished to the City of Beaumont the certified tax roll for the City of Beaumont as of July 23, 2003 to be $4,183,262,826; and, WHEREAS,the City Council finds that the tax roll submitted by the Jefferson County Appraisal District should be accepted and that a tax rate in the amount of$0.67 per each $100 of value for the tax year 2003 should be established based upon said roll; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the tax roll submitted to the City Council by the Jefferson County Appraisal District, a summary of which is attached as Exhibit "A", and showing the total net taxable assessed value of all property within the City to be$4,183,262,826 is hereby approved and accepted by the City of Beaumont. Section 2. That there shall be and is hereby levied and shall be assessed and collected for the tax year 2003,for municipal purposes only, an ad valorem tax of$0.67 on each$100 worth of property located within the city limits of the City of Beaumont made taxable by law,which said taxes, when collected, shall be for the purposes hereinafter set forth as follows: General Fund $0.36 Debt Service Fund $0.31 Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23`d day of September, 2003. - Mayor Evelyn M. Lord - RECEIVED JUL 2 4 2003 Jefferson County Appraisal District (409)840-9944 P.O. Box 21337 4610 S.Fourth St. (409)727-4611 Beaumont,Texas 77720-1337 Beaumont,Texas 77705 Fax(409)727-5621 CHIEF APPRAISER MEMBERS OF THE BOARD Roland R. Bieber,RPA July 23, 2003 C. L.Sherman, Chairperson Miriam K.Johnson,Secretary Eugene Landry Charles Lankford Fred L.Mitchell Ms. Kandy Daniel Treasurer City of Beaumont P O Box 3827 Beaumont TX 77704 Dear Ms. Daniel: In accordance with Section 26.01(a), the 2003 appraisal roll for your jurisdiction has been certified to your tax assessor-collector. Enclosed is a copy of the 2003 Appraisal Roll Certification for your review and information. Please do not hesitate to contact me should you have any questions. Sincerely, l Roland R. Bieber, RPA Chief Appraiser pjb EXHIBIT "A" TAX CALCULATIONS 221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT 7/23/2003 7.54.10 ADP3TAXC CERTIFIED 2003 2003 APPRAISAL ROLL 12310403 PAGE 1 ************************************************************************************************************************************ RATES AND * TAX RATE * HOMESTEAD LOCAL OPTION 00$ * OVER SIXTY-FIVE LOCAL OPTION 17,500 * DISABILITY LOCAL OPTION 17,500 ALLOWANCES * $ .670000 * STATE MANDATED 0 * STATE MANDATED 0 * STATE MANDATED 0 ************************************************************************************************************************************ ACCOUNTS SUB-TOTALS GROSS VALUE IN DISTRICT 62,831 4,658,355,030 * MINUS EXEMPT ACCOUNTS 3,974 255,029,054 4,403,325,976 MINUS AGRICULTURE ACCOUNTS 220 MARKET VALUE 25,021,220 PRODUCTION VALUE 1,063,100 LOSS DUE TO AG EXEMPTIONS 23,958,120 4,379,367,856 SUBJECT TO LATE PENALTY 0 POLLUTION CONTROL 0 0 4,379,367,856 FREEPORT ACCOUNTS 0 0 4,379,367,856 LEASED VEHICLES 0 0 4,379,367,856 PRIMARILY CHARITABLE ORG 7 0 4,379,367,856 NET APPRAISED VALUE 58,850 4,379,367,856 LOSS DUE TO LIMIT 4,052 26,389,070 4,352,978,786 ABATED ACCOUNTS 1 5,195,640 4,347,783,146 HISTORICAL ACCOUNTS 10 2,368,480 4,345,414,666 EXEMPTIONS STATE MANDATED HOMESTEAD 24,601 0 4,345,414,666 STATE MANDATED 065 8,186 0 4,345,414,666 STATE MANDATED DISABLED 1,040 0 4,345,414,666 LOCAL OPTION 065 8,186 139,635,640 4,205.779,026 LOCAL OPTION DISABLED 1,040 17,205,900 4,188,573,126 LOCAL OPTION HOMESTEAD 24,601 0 156,841,540 4,188,573,126 VETERAN EXEMPTIONS EXEMPTION CODE 1 @ 0 0 0 EXEMPTION CODE 2 @ 5000 210 1,023,070 EXEMPTION CODE 3 @ 7500 49 331,610 EXEMPTION CODE 4 @ 10000 41 383,650 EXEMPTION CODE 5 @ 12000 69 805,150 EXEMPTION CODE 6 @ 12000 238 2,573,040 EXEMPTION CODE 7 @ 12000 14 144,000 EXEMPTION CODE 8 @ 5000 10 49,780 TOTAL VETERAN 631 5,310,300 NET TAXABLE 4,183,262,826 GROSS TAX AMOUNT 28,027,892.78 ** FROZEN TAX ACCOUNTS 0 .00 MINUS FROZEN TAX .00 LOSS DUE TO FROZEN TAX *** .00 - - - -- - - - - - - - - - - NET TAX AMOUNT $ 28,027,892.78 ** GROSS TAX AMOUNT IS CALCULATED ON AN INDIVIDUAL ACCOUNT BASIS ** INCLUDES 11 PRORATED EXEMPT ACCOUNTS TOTAL PRORATED EXEMPT AMOUNT 1,302,594 ** INCLUDES 0 OVR65 PRORATED ACCOUNTS TOTAL PRORATED OVR65 AMOUNT 0 2003 APPRAISAL ROLL CERTIFICATION PTC Section 26.01(c)Properties-Pending Protests CITY OF BEAUMONT PROPERTY OWNER'S PROPERTY OWNER'S PROPERTY OWNER'S OPINION OF OPINION OF OPINION OF ACCOUNT NUMBER PROPERTY OWNER NAME MARKET VALUE APPRAISED VALUE TAXABLE VALUE MARKET VALUE APPRAISED VALUE TAXABLE VALUE #300056-000-004300-00000-9 Oxford,Hubert III&Cynthia C 522,030 522,030 522,030 446,580 446,580 446,580 #507450-000-000090-00000-6 Ameripol Synpol Corporation 4,739,900 4,739,900 4,739,900 2,369,950 2,369,950 2,369,950 TOTALS: 5,261,930 5,261,930 5,261,930 2,816,530 2,816,530 2,816,530 4 September 23,2003 Consider approving a request for a specific use permit to allow a retail business and related parking and service drives in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at the northwest corner of Dowlen Road and Delaware Street A.. City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: September 23, 2003 AGENDA MEMO DATE: September 16, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a retail business and related parking and service drives in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at the northwest corner of Dowlen Road and Delaware Street. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a retail business and related parking and service drives in a GC-MD-2(General Commercial-Multiple Family Dwelling-2) District at the northwest corner of Dowlen Road and Delaware Street subject to providing a minimum of a 10'wide landscape buffer along the south 340'+of the west property line, that the major tenant building not exceed one story in height,permitted uses be restricted to SIC Code 56 and 57,all ingress and egress of 18 wheeler traffic be limited to the west side of the property and lighting be controlled downlighting. BACKGROUND Adams Consulting Engineers, the applicant,is requesting a specific use permit to allow a 100,000 sq. ft. retail building with related parking and service drives on an 11.35 acre tract of land at the northwest corner of Dowlen Road and the Delaware Extension. This phase is part of an overall development that will include a 93,000 sq. ft. HEB store and an additional 50,000 sq. ft. of retail space. In 1999,the City Council approved a rezoning of property at the northwest corner of Dowlen Road and the Delaware Extension. 24.8 acres was rezoned to GC-MD and 15.7 acres was rezoned to GC- MD-2. In March,2001,3.2 acres of the GC-MD-2 zoning were rezoned to GC-MD. The now 11.35 acres of GC-MD-2 backs up to the Barrington Heights Addition on the north and west sides. The property that the HEB store will be constructed on is zoned GC-MD and does not require a specific use permit. The 11.35 acre subject property will be developed with a 96,463 sq. ft. (88,408 sq. ft.building and 8,055 sq. ft.mezzanine area)building and a future expansion area of 20,000 sq. ft. The appropriate parking for this building and service drives for this building and for the HEB store are also included in the plan. Along the north property line, an 8'tall wood screening fence and a 20'+wide landscape strip will be installed. Along the west property line, an 8' tall wood screening fence is being constructed. Along that same property line,there will be installed approximately 1,025'of landscape buffer that is 20'+wide. Along the remaining distance will be a 6 %' wide landscape buffer. This is due to the configuration of the driveway along the rear of the HEB store. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 15,2003,the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a retail business and related parking and service drives in a GC-MD-2 District at the northwest corner of Dowlen Road and Delaware Street subject to providing a minimum of a 10'wide landscape buffer along the south 340'+of the west property line, that the major tenant building not exceed one story in height, permitted uses be restricted to SIC Code 56 and 57, all ingress and egress of 18 wheeler traffic be limited to the west side of the property and lighting be controlled downlighting. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL BUSINESS AND RELATED PARKING AND SERVICE DRIVES IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT THE NORTHWEST CORNER OF DOWLEN ROAD AND DELAWARE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Adams Consulting Engineers to allow a retail business and related parking and service drives in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District located at the northwest corner of Dowlen Road and Delaware Street as shown on Exhibits "A," and "B" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a retail business and related parking and service drives in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at the northwest corner of Dowlen Road and Delaware Street as shown on Exhibits "A" and "B" attached hereto, is hereby granted to Adams Consulting Engineers, their legal representatives, successors and assigns, subject to the following conditions: ► Provide a minimum of a 10' foot landscape buffer along the south 340' ± of the west property line. ► The major tenant building not to exceed one story in height. ► Permitted uses be restricted to SIC Codes 56 and 57. ► All ingress and egress of 18-wheeler traffic be limited to the west side of the property. ► Lighting be controlled downlighting. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23' day of September, 2003. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 11.3598 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 680.66 acre tract called "Second Tract" as conveyed' by Treadaway Land Company et al. to Yount-Lee Oil Company as recorded in Volume 374, Page 113, Deed Records, Jefferson County, Texas and also being out of and part of that certain called 40.5391 acre tract of land as conveyed by Amoco Production Company to Dowdel Investments, Ltd. as recorded in Clerk's File No. 1999047799, Official Public Records of Real Property, Jefferson County, Texas, said 11.3598 acre tract being more particularly described as follows: NOTE: All bearings are based on the North line of that certain called 62.615 acre tract, identified as Parcel #5, as recorded in Judgement Deed Number D-105,161 as recorded in Volume 2214, Page 318, Deed Records, Jefferson County, Texas. COMMENCING at a 5/8" iron rod found for the Northeast corner of the above referenced 40.5391 acre Dowdel Investments, Ltd. tract, said corner also being the Southeast corner of Barrington Heights, Phase I, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded in Volume 15, Page 348, Map Records, Jefferson County, Texas and also being the Northeast corner of that certain called 1.1364 acre tract of land, identified as TRACT I, as described in a "General Warranty Deed with Lien in Favor of Third Party" from Bryan Lee to Dowlen Road Times Square, LTD. as recorded in Clerk's File No. 2002047207, Official Public Records of Real Property, Jefferson County, Texas and also being in the West right-of-way line of Dowlen Road (based on a width of 100 feet); THENCE SOUTH 88 036'07" WEST, along and with the South line of the said Barrington Heights, Phase I and the North line of the said 40.5391 acre Dowdel Investments, Ltd. tract and the North line of the said 1.1364 acre Dowlen Road Times Square, LTD. tract, for a distance of 225.00 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" found for the Northeast corner and the POINT OF BEGINNING of the tract herein described, said corner also being the Northwest corner of the said 1.1364 acre Dowlen Road Times Square, LTD. tract; THENCE SOUTH 01024'09" EAST, parallel to the West right-of-way line of Dowlen Road and along and with the West line of the said 1.1364 acre Dowlen Road Times Square, LTD. tract, for a distance of 220.02 feet a scribed "X" in concrete set for the Southwest corner of the said 1.1364 acre Dowlen Road Times Square, LTD. tract and the Northwest corner of that certain called 1.7932 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Dowdel Investments, Ltd. to 1920 Holdings, Ltd. as recorded in Clerk's File No. 2002024358, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 88 035'51" EAST, perpendicular to the West right-of-way line of Dowlen Road, for a distance of 24.00 feet to a point for corner; EXHIBIT "A" LEGAL DESCRIPTION continued THENCE SOUTH O1 024'09" EAST, parallel to the West right-of-way line of Dowlen Road, for a distance of 563.10 feet to a.point for corner; THENCE SOUTH 88 036'07" WEST, for a distance of 451.08 feet to a point for comer; THENCE SOUTH 01023'48"EAST, for a distance of 580.46 feet to a point for corner; THENCE SOUTH 88°51'41`WEST, for a distance of 100.00 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner, said comer being an interior ell corner of the said 40.5391 acre Dowdel Investments, Ltd. tract and the Southeast corner of Barrington Heights, Phase IV, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded in Volume 16, Page 400, Map Records, Jefferson County, Texas; THENCE NORTH 01023'48" WEST, along and with the West line of the said 40.5391 acre Dowdel Investments, Ltd. tract and the East line of the said Barrington Heights, Phase IV, and the East line of Barrington Heights, Phase II, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded in Volume 16, Page 99, Map Records, Jefferson County, Texas for a distance of 1363.13 feet to a 5/8" iron rod found for corner, said corner being the Northeast corner of the said Barrington Heights, Phase II and the Northwest corner of the said 40.5391 acre Dowdel Investments, Ltd. tract and also being in the South line of the said Barrington Heights, Phase I; THENCE NORTH 88 036'07" EAST, along and with the South line of the said Barrington Heights, Phase I and the North line of the said 40.5391 acre Dowdel Investments, Ltd. tract, for a distance of 575.00 feet to the POINT OF BEGINNING and containing 11.3598 ACRES, more or less. FIE 1684-P: Request for a specific use permit to allow a retail business and related NORTH _ paring and service drives in a GC-MD-2 (General Commercial- Multiple Family - 1/wdiing-2) District. Inaction: Northwmst corner of Dowlen Road and Delaware St. SCALE {pdcant: Adams Consulting Engineers,Inc. N.T.S. A R Y.M.C.A. PU D ©� OFFICE R-S �• _ COMPLDC _ 0 � CHURCH J � @4� DC-MD-2 cr Z . Q GC-MD _ DELAWARE a FUTURE DELAWARE TS- R . 's .,GU=MS COMMERCIAL FXHIRIT "B" AP .1 GRAPHIC SCALE 0 200 400 600 FEET i — rAae iws'.V.srtwinirro-ow,.v- - �>a ur n_M .cra kf [nsrr.5 arp .rAR or o o•.arr RooD tA1DSCAP[R(gM1Y[MIS la RY C •OaamrrM ro.ati rw,t.w+n rA Itra c}oc'tRr srpvt rACt � uss 7' �A®'1— Mlnq.al erRetr a.M S[Ctlpl 30-31 IAIOSGWI NIOIAR[YEYIS S. f MM A n4i,—N alla()Cl—A Iw IN(7)ON.S w— � _ �1s�1M Iw NcA]!I+r■MW M.o..y.n AMIr A.y. A Cr. _ 4N w1 M rprN uMw wYnwO ulili.a %tj2TqFIR'1 *L - M+rlYar krwa fanciy: Sac 1(!) M ai AOM ho aP"W 1R r M MW M..Ud w nwwY ` --�— , " MMMr 1rw 1.MwW wr■.nw�.y APPROX. ZONrHO Lw fanbt a pl-sk"i►an SK M 106 (1_r .)1.44 � [.k "W W"0 -.. a (1)INI w adA ant tanlawiy w C1a■A Irw Y M Crw�4 Yi 0 P � IIIIII �itll ` �t�� r►fv�uuor�wualr■rwan��rrrlAmw• ' F Il + MAJOR TENANT ... 1 I Irl rI �j t1111I1 /IX■RS M.11' /AG.fr M•» � INr.rr.�l/,��► BuAMny Mao.N,+1■SF Y11.NYw NN.R,OS!SF CI W■q . Mp'IOS[D R'war aam OsNllleatbn-N,167Y Fr„pF I If�II�IffN> N+rt�rtl/�����T+jrtt'�Ir+�++t�lr�� • /lbtl■b MrR 1 LiOY IIA� 1 I J 411 ( sr A'n■r 01fR b' ri�DSr..�i 11; 1_!� y •T ( ( t- "aM_"'rte. u..Er ' 1 -1 I H 1 411 ! ' 1 - NO I A PAR I Of SPf CIF ___ ----------- - ? ------ ---------— PERMI l ` - ` APP L ICA I ON '006K � DOwt EN U_ - __ . a r----------------ww.r---------------------- - . . _ N.E. BUTT GROCERY COMPAN M ------ -- _ — X BEAUMONT, TEXAS X S.U.P. SITE PLAN 00 *Approval subject to providing a minimum of a 10'wide landscape buffer along the south 340'+of the west —------- -- -- - --� r operty line• that thA—.;t,r fa -f 1,.,;1,1;.,---+-----A ..or.��.r ' --+ ems. cte tL �1 Awws CommTm ENGIwm .. +,...;„l.e; .t,+ 'Ito,. .,"A� - p t....�f,,.,.,, .,......tt...ttujv[ «,ttraFrt vuttuttt�stet�.n�.�.�.0 vsse story stt tt�,sgttt,Y�.ASIrI<«,u uo�.o v�.r ... pyCa >u SIC Code 56 and 57,all ingress and egress of 18 wheeler traffic be limited to the west side of the property �l _i ���-V_ wy and lighting be controlled downlighting. II 9r ( CNECKCO X19 NO i Wr "0-1-I-W 812010J 5 September 23,2003 Consider approving a request for a specific use permit to allow a parking lot in an NC(Neighborhood Commercial) District at 4020 Park Street CU Citof Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: September 23, 2003 AGENDA MEMO DATE: September 16, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a parking lot in an NC (Neighborhood Commercial) District at 4020 Park Street. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a parking lot in an NC (Neighborhood Commercial)District at 4020 Park Street subject to providing a 6'wide landscape buffer along the north and west property lines with a modification to the landscaping requirements along the south property line, a waiver of the requirement for the 8'tall wood screening fence along the south property line,limiting the number of trucks parked to 5 trucks,hours of operation from 7 a.m. t o 6 p.m. and s ubject p roperty b e u sed f or truck parking o my(minimal m aintenance o n permitted trucks allowed). BACKGROUND Roosevelt Frank,the property owner, and others have been parking their commercial trucks on his property located at Park and Harriot. Approximately six years ago,Mr.Frank and others were cited for parking their commercial vehicles in their residential neighborhoods. At that time,Mr. Frank explained to staff that they used to park their vehicles at the Petro Truck Stop but their vehicles were being vandalized. Mr.Frank and others got permission to park their trucks on the subject property. He spoke with staff who gave the truck owners permission to park there. Recently,the City received a citizen complaint about the trucks parking at this site. As a result,staff looked at the current situation and determined that a specific use permit is required. Therefore,Mr. Frank brought in his application for the September 15 Public Hearing. Mr. Frank is requesting a waiver of the screening/landscaping requirements along the north, south and west property lines. Along the south property line,an 8'tall wood screening fence and 10'wide landscape strip would be required. A 4' tall chain link fence and a 6'tall wood fence exist along a part of the south property line. Along the north and west street frontages,a 6'wide landscape strip would be required. Currently, no screening exists along those frontages. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 15,2003,the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a parking lot in an NC District at 4020 Park Street subject to providing a 6'wide landscape buffer along the north and,%vest property lines with a modification to the landscaping requirements along the south property line, a waiver of the requirement for the 8'tall wood screening fence along the south property line, limiting the number of trucks parked to 5 trucks,hours of operation from 7 a.m.to 6 p.m. and subject propertybe used for truck parking only (minimal maintenance on permitted trucks allowed). SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PARKING LOT IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT LOCATEDAT 4020 PARK STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Roosevelt Frank to allow a parking lot in an NC (Neighborhood Commercial) District located at 4020 Park Street, being Lots 1 -4, Block 12, Jef Chaison Addition, City of Beaumont, Jefferson County, Texas, containing 0.43 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a parking lot in an NC (Neighborhood Commercial) District located at 4020 Park Street, being Lots 1 -4, Block 12, Jef Chaison Addition, City of Beaumont, Jefferson County, Texas, containing 0.43 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Roosevelt Frank, his legal representatives, successors and assigns, subject to the following conditions: ► Provide a 6'wide landscape buffer along the north and west property lines with a modification to the landscaping requirements along the south property line. ► Waive the requirement for the 8' tall wood screening fence along the south property line. ► Limit the number of trucks parked to 5. ► Hours of operation from 7 a.m. to 6 p.m. ► Subject property to be used for truck parking only(minimal maintenance on permitted trucks allowed). Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23`d day of September, 2003. - Mayor Evelyn M. Lord - i _ e n t • • >f t r FILE ltiS3-P: Request for a specific use permit to allow a parking lot in an NC NORTH , (Neighborhood Commercial) District. r, Location: 4020 Park Sit., n Applicant: Roosevelt Frank SCALE • 1"=200' � s�A , � • � � ,1, ' �iyp,',, • ' •..rte AgHINGT0N i 1 rr j Ie r! _ I t �. °i l � ' J> , 7t S/ t cc I a ; ` goo , i ,r R �' EUCLID AYE. . M !11 slow q ! JS n1 1 'y HA,RRIOT AVE. �y �s a• ( ss sir of so 3 p 1 1 �• � s " ' • r •+ . �1 , I O i i t III Ir, n ny i !IO 47 d trw ,a ALMA ST. '° sc so 7J 5.0 �� y 1 IW p ' � � t ♦ I r �•I > l ! • 1 t \� t 1 • C Z. J C) r t j i" k ! a CL Lil t r it s • , rif�fArr1,I OC! t 1 +a r r �- • JO $ THIREADNEEDLE ST. sis / r i! If, r • i t n r t , I t s . s .- { r s 1 • ' ,� r 1 . 1 EXHIBIT "A„ U1 1IJ iJ s z Z -Z V LL LL t cc i d � � Q � r log cQ CO Z S� P- Sr. � 0 � w w ?" z a tr) � U Li ilz Q � *Approval subject to providing a 6'wide landscape buffer along the north and west property lines with a modification to the landscaping requirements along the south property line,a waiver of the requirement for the 8'tall wood screening fence along the south property line, limiting the number of trucks parked to 5 trucks,hours of operation from 7 a.m. to 6 p.m. and subject property be used for truck parking only(minimal maintenance on permitted trucks allowed). CYWIPIT "Ply 6 September 23,2003 Consider approving a request for a zone change from RM-M(Residential Multiple Family Dwelling- Medium Density) and GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling)District for the property at 8550 Old Voth Road 1U7L17j City of Beaumont OL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: September 23, 2003 AGENDA MEMO DATE: September 16, 2003 REQUESTED ACTION: Council consider a request for a zone change from RM-M (Residential Multiple Family Dwelling-Medium Density) and GC- MD(General Commercial-Multiple Family Dwelling)District to RS (Residential Single Family Dwelling)District for the property at 8550 Old Voth Road. RECOMMENDATION The Administration recommends approval of a zone change from RM-M and GC-MD District to RS District for the property at 8550 Old Voth Road. BACKGROUND Gary Stark,the property owner, is requesting this zone change so that he may sell this tract of land to another individual for single family development. Mr. Stark built a business location for Allied Elevator of Beaumont on the eastern half of the property at 8745 Eastex Freeway. Someone has come to him asking to buy the western half of the property for the purpose of constructing their home. There have been a number of rezonings to RS along the east side of Old Voth Road. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 15,2003,the Planning Commission voted 8:0 to approve a request for a zone change from RM-M and GC-MD District to RS District for the property at 8550 Old Voth Road. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING - MEDIUM DENSITY) DISTRICT AND GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 8550 OLD VOTH ROAD, 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 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RM-M (Residential Multiple Family Dwelling - Medium Density) District and GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District for property located at 8550 Old Voth Road, beginning at a 5/8" rod found for the southeast corner of a 3.0 acre tract of land lying and situated in the W. B. Dyches Survey, Abstract 17 and described in that certain instrument from James E. Parker and Walter S. Parker, III to Gary Stark and Tommy W. Cobb dated June 22, 1999, filed and recorded June 30, 1999 under County Clerk*s File No. 1999025404 in the Official Public Records of Real Property of Jefferson County, Texas; THENCE S 79* 13' 15"W a distance of 288.32' to the POINT OF BEGINNING of the subject tract; THENCE S 79* 13' 15" W a distance of 293.36'to a corner; THENCE N 08* 13' 05" W a distance of 226.80' to a corner; THENCE N 79* 11' 49" E a distance of 283.2' to a corner; THENCE S 10* 47' 08" E a distance of 226.69' to the POINT OF BEGINNING; containing 1.50 acres, more or less, City of Beaumont, Jefferson County, Texas, as described 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 contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23' day of September, 2003. - Mayor Evelyn M. Lord - FILE 1685-Z: Request for a zone change from RM-M (Residential Multiple Family NORTH Dwelling-Medium Density) and GC-MD (General Commercial-Multiple Family At District to RM-M or a more restrictive district. Location: 8550 Old Voth Road SCALE Applicant: Gary Stark N.T.S. _ • Fr.. GC-M RM_M .�- S BJECT RS , � I • � � _ . GUESS LN X - .... .� s W r, JODY LN. • < I f ; s ; '; •i • • C•NI CHINN I.N. `'•. ' D ' r r • a'7"-mot EXH►RtT 'r, } 7 September 23,2003 Consider approving a request for a specific use permit to allow a transitional housing (residential care) facility in an RCR(Residential Conservation and Revitalization)District at 1616 Sabine Pass 11 ..7LJ1J City of Beaumont Council Agenda Item A TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager TWEETING DATE: September 23, 2003 AGENDA MEMO DATE: September 16, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a transitional housing(residential care)facility in an RCR(Residential Conservation and Revitalization) District at 1616 Sabine Pass. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a transitional housing (residential care) facility in an RCR(Residential Conservation and Revitalization)District at 1616 Sabine Pass subject to revising the site plan to reflect the moving of the south curb cut for the curved drive 10' feet from the south property line,the facility will not house sex offenders or persons with felony convictions involving serious bodily injury and with a maximum capacity of 40 persons. BACKGROUND Statewide Consolidated Community Development Corporation(Statewide)is proposing to open and operate a transitional housing facility at 1616 Sabine Pass. Statewide is a private non-profit, tax- exempt,charitable organization which helps low and moderate income individuals and families with their housing needs,both home ownership and Section 8 rental housing. Statewide is working with the Beaumont Housing Authority and Spindletop MHMR Services to help those individuals in serious need of affordable housing. Statewide has identified the disabled, as a class of people who are underserved in their housing needs. Statewide proposes to renovate the building located at 1616 Sabine Pass. This building formerly housed the Salvation Army. The facility will be used to house up to 40 male and female disabled individuals who are in transition. Individuals will be responsible for their own living expenses because they are supported,through local and state assistance programs. The building is to be totally renovated and landscaped. An 8' tall privacy fence will be installed to serve as a buffer to the surrounding properties. At the proposed facility,residents will receive personal,individualized care and assistance on a daily basis. Working with MHMR, professionally guided career consultation will be provided to help foster independence and empowerment. Leisure and recreational activity programs will also be provided. Common areas and amenities that will be provided within the facility include a library and computer room, parlor, dining area and education, training and activity room. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 15,2003,the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a transitional housing(residential care)facility in an RCR District at 1616 Sabine Pass subject to revising the site plan to reflect the moving of the south curb cut for the curved drive 10'feet from the south property line,the facility will not house sex offenders or persons with felony convictions involving serious bodily injury and with a maximum capacity of 40 persons. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TRANSITIONAL HOUSING (RESIDENTIAL CARE) FACILITY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 1616 SABINE PASS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Statewide Consolidated Community Development Corporation (Statewide) to allow a transitional housing (residential care) facility in an RCR (Residential Conservation and Revitalization) District located at 1616 Sabine Pass, being Abstract 5, Plat Q, Tract 5, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 0.46 acres, more or less as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a transitional housing (residential care)facility in an RCR(Residential Conservation and Revitalization)District located at 1616 Sabine Pass, being Abstract 5, Plat Q, Tract 5, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 0.46 acres, more or less as shown on Exhibit "A" attached hereto, is hereby granted to Statewide Consolidated Community Development Corporation (Statewide), their legal representatives, successors and assigns, subject to the following conditions: ► Revise the site plan to reflect the moving of the south curb cut for the curved drive 10' from the south property line. ► The facility will not house sex offenders or persons with felony convictions involving serious bodily injury. ► A maximum capacity of 40 persons. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of September, 2003. - Mayor Evelyn M. Lord - 01;V1 i v ifvi/AU✓7.7IM'/Y///JL Ro FILE 1686-1!: Request for a specific use permit to allow a transitional housing NORTH [Applicant:esidential care) facility in an RCR (Residential Conservation and Revitalization) p/ istrict. ss ocation: 1616 Sabine Pa SCALE Statewide(3onsolidated Community Development Corporation, Inc. 1"=200' M � i R ' �• �� _ eo mid \ AVE EM M ETT AVE. e! vt 1 Q f 8 1 AV LA ONA ,E Q .o Q MOTEI DIEU ro eo CL ? LANGHAM AVE. � NIA s $ Z ` ♦ J •s �i 1 /'�,' is d ! , ♦ g J In /UFORO a '� I BUFORD ST. SIN 71'e 6O n fir c ! ' /3e 3i l « ' � � ! • T ice• D ! J ..l'p 3• CRAIG ST. t , w W Z 10 0 .i � N L ��' � � ♦ 1 � � � ` � u ?/ a ,J Q . s ` ;, i �1\ •i '7 - EXHIER7 "A" 1+ IwPIM 1 ..',r,'1, k UIM;kit y lURD.O 17 —11- A�' Z� ��_ ! � t. 1�'� �i�.. .J,. .'_ i I '• tee Ile]KI w4P •F t��wl• '� YAM '� �� 1 C � 'I I 1 Y�•Tr`�''ll � .� i .... , It ; I 1 w 'is7 ' r 1; �t lrNa•�IIL11 2. F � T �Q •, rr' LL, .ir•�' .0 A,' �... �Ir viii; Yj, ' P .Z' '�f ••k• 1'� .�1• 1 `' 'r l�� �• � �'. '::r: r— ' i, .. '�l• 1, t .Y `rR1 -rrt r�lrw! N .� T 1 ,• •h1 'i '; rt I fit' yV•y f!e®�,. �(�j 1r/rsAexvevi�ss 44 LM 14 '1 1",Hff►,�')"IRAN� F -0i ih 8 l�tFli n.. .ar•'IMI', SOUTN OAVAtM" q IN J II I M.I'I M1 11% Ii ' fl n tii'1 ' A.r►FIIW IV•w ri w vpYFM #j"�IM FRONT"tttVATXW x X11 '.a--.:; :iii;®;.{ - ELEYAIION9 T FROM gWAlIpN . IT•r_r * Approval subject to revising the site plan to reflect the moving of the south curb cut for the curved drive 10' feet from the south property line, the facility will not house sex offenders or persons with felony i convictions involving serious bodily injury and with a maximum capacity of 40 persons. 8 September 23,2003 Consider approving a request to abandon Vermont Avenue from a point approximately 125'west of M. L. King Parkway west to the Union Pacific Railroad right-of-way City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: September 23, 2003 AGENDA MEMO DATE: September 16, 2003 REQUESTED ACTION: Council consider a request to abandon Vermont Avenue from a point approximately 125' west of M. L. King Parkway west to the Union Pacific Railroad right-of-way. RECOMMENDATION The Administration recommends approval of the request to abandon Vermont Avenue from a point approximately 125'west of M. L. King Parkway west to the Union Pacific Railroad right-of-way. BACKGROUND Mobil Pipeline Company wants to abandon a 260'portion of Vermont Avenue so that it may restrict public access to its existing pipelines and facilities. All lots adjoining this portion of Vermont are owned by Mobil Pipeline Company This item was sent to all interested parties. No objections were received. BUDGETARYIMPACT None. PREVIOUS ACTION At a Regular Meeting held September 15,2003,the Planning Commission voted 8:0 to approve the abandonment of a 260'portion of Vermont Avenue from a point approximately 125'west of M. L. King Parkway west to the Union Pacific Railroad right-of-way. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING VERMONT AVENUE FROM A POINT APPROXIMATELY 125'WEST OF M. L. KING PARKWAY WEST TO THE UNION PACIFIC RAILROAD RIGHT-OF-WAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT Vermont Avenue from a point approximately 125' west of M. L. King Parkway west to the Union Pacific Railroad right-of-way as shown on Exhibits"A"and"B"attached hereto, be and the same are hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23' day of September, 2003. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain tract, piece, or parcel of land containing 15,849 square feet (0.3638- acres) of land situated in the J. W. Bullock League, Abstract No. 7, in Jefferson County, Texas, and being out of a_portion of that certain sixty (60') foot wide right-of-way for Vermont Avenue out of the Fourth Section of Lamar Addition to the City of Beaumont, conveyed to the City of Beaumont by plat dated October 17, 1939, recorded in Volume 6, Page 106 of the Map Records of Jefferson County, Texas. Said 15,849 square feet (0.3638-acres) tract of land being more particularly described by metes and bounds as follows: COMMENCING FOR REFERENCE at a 3/8-inch iron rod found marking the southeast corner of Lot 18, Block 40 of said Lamar Addition, out of a tract of land comprised of- Lots 18 and 19 conveyed unto Mobil Pipe* Line Company as recorded in Volume 1663, Page 11 of the Deed Records of Jefferson County, Texas, said corner also being the southwest corner of Lot 17, Block 40 of said Lamar Addition out of a tract of land comprised of Lots 16 and 17 and the East YZ of Lot 6 conveyed unto Clinton H. Smith and wife, Laverne Smith as recorded in Volume 1562, Page 173 of the Deed Records of Jefferson County, Texas, said corner being in the north right-of-way line of Florida Avenue (60' in width), said point bears North 86" 47' 14" East, along said north right-of-way line a distance of 375.00 feet from the southwest corner of Block 40 of said Lamar Addition, from said commencement point, -NGS monument "V 1199" bears North 33° 49' 18" West, a distance of 18,088.76 feet; THENCE North 03° 12' 46" West, along the common line of said Lot 17 and Lot 18, for a distance of 130.00 feet to a point for the common corner of said Lots 17, 18, 5 and 6, Block 40 of said Lamar Addition, said corner being on the south line of a tract of land comprised of Lots 4, 5 and the West Y2 of Lot 6 conveyed unto Mobil Pipe Line Company as recorded in Volume 1661, Page 435 of the Deed Records of Jefferson County, Texas; THENCE North 86° 47' 14" East, along the common line of said Lot 17 and Lot 6, for a distance of 25.00 feet to a point for the southeast comer of the West '/2 of Lot 6 and the southwest corner of the East Y2 of Lot 6; THENCE North 030 12' 46" West, along the common line of said West Y of Lot 6 and the East % of Lot 6, for a distance of 130.00 feet to a 5/8-inch iron rod with cap set for the southeast corner and POINT OF BEGINNING of the herein described tract, said point also being the northeast corner of said West Yz of Lot 6 and the northwest corner of the East Y of Lot 6, said corner also being on the south right-of-way line of Vermont Avenue, a sixty (60') foot wide right-of-way as shown in the aforementioned plat of the Fourth Section of Lamar Addition to the City of Beaumont; EXHIBIT "A" LEGAL DESCRIPTION continued THENCE South 86° 47' 14" West, along the south right-of-way line of said Vermont Avenue, said south right-of-way line also being the north line of Lots 1, 2, 3, 4, 5, and said West '/2 of Lot 6, Block 40 of said Lamar Addition, for a distance of 278.20 feet to a 5/8-inch iron rod with cap set for the southwest corner of the herein described tract, said corner also being the northwest corner of a tract of land (called Tract 1) comprised of Lots 1, 2, 21, 22, 23, and 24, Block 40 of said Lamar Addition, conveyed unto Mobil Pipe Line Company as recorded in Film Code No. 104-89-1521 of the Official Public Records of Real Property, in Jefferson County, Texas, said corner also being in the southeast right-of-way line of Union Pacific Railroad, fifty (50') feet in width; THENCE North 21* 53' 18" East, along said southeast right-of-way line, for a distance of 66.26 feet to a 5/8-inch iron rod with cap set for the northwest corner of the herein described tract and the'northwest corner of said Vermont Avenue, said corner also being the southwest corner of Lot 2, Block 39 of said Lamar Addition and the southwest corner of;a tract of land (called Tract 2) comprised of Lot 2, Block 39 conveyed unto Mobil Pipe Line Company as recorded in Film Code No. 104-89-1521 of the Official Public Records of Real Property, Jefferson County, Texas; THENCE North 86° 47' 14" East, along the north right-of-way line of said Vermont Avenue and the south line of Lots 2, 3, and 4, Block 39 of said Lamar Addition, passing at a distance of 175.09 feet, a 5/8-inch iron rod found marking the southeast corner of said Lot 4 and the southwest corner of Lot 7, Block 39 of said Lamar Addition, continuing along said north right-of-way line for a distance of 250.09 feet to a 5/8-inch iron rod with cap set for the northwest corner of the herein described tract, said corner being on the south line of a tract of land comprised of Lots 3, 4, 6, and 7 Block 39 of said Lamar Addition, conveyed unto Mobil Pipe Line Company as recorded in Volume 1662, Page 60 of the Deed Records of Jefferson County, Texas, THENCE South 03° 12' 46" East, crossing said Vermont Avenue, for a distance of 60.00 feet to the POINT OF BEGINNING and containing 15,849 square feet (0.3638-acres) of land, more or less. File 655-OB: Request to abandon Vermont Aveinue from a point approximately 125' NORTH west of M. L. King Parkway west to the Union Pacific Railroad right-of-way. - M0N Applicant: Ronald Sullivan for Mobil Pipeline Co. 11: / SCALE N.T.S. .� �►� Rr / M7 • \jr O• MM 0l 0 M TRACT i tiO� G,'� Tx \eft. i 320 \\� roaK Lois i t 5 --AA iX FEE moat LW�PMIY SA 7 P am B G \ LOTS 14.6 t 7 BLOCK 39 FEE ! 376 VOL 1661• Pa 60 A0OBIL PIPE LINE Y aR.J.C.. Tx 1 7-W TX r6 TACT T RPJC. t \/ LOT 2 BLOCK J9 FG j 104-49-1511 G .`' f •� o.AAR.P.J. . YX \ ' , N 250.09 w/�CAP LR •0'� N 86 47 14 E S 03.120 46" E 'may 18' E ,---. 60.00 M 26 7L S 86*470140 W N 278.20'0 n 1P.0. • oSU - n o\ hg s I a i , No 7 x / 3071 - - - - - - - -+O'O MOBIL PIPE UNE COMPANY O I RICHARD C&A °\ LOTS 4.6rOCX 11 OF 6 LOTS 7a.9.10,1 1,12.1J.14. 15 IG I 120� 1667. M 4M CA 0015" 6 378 - . o. .Rr.C.. Tx. "L P r LWECWPAIS i — — — — I Lois 1.1.21.21.2.7 14 N 86'47'14° E I BLOCK 40 I F.G PI R. \ 125.00' P p , I t I � _ - - O.P.R.R.P.J.G. TX 0` o — �O IR'g \\t� C,4 t� 1 i1 1Q I 14 I Jt 24 #L Sm S`W Pvc LW LOTS to BLOCK 40 Ora I I Y01_ 1667 PG 11\ ►o� MZ n 173 FW I 114'LR aR J.G. 1X \ N 86.47'14' EN 375.00' gip'3�/8' I.R. FLORIDA AVENUE (60 R-0.W) CONTROL F t MONUMENT �.��►o�• E , ........... __._l FXHtERtT "B" 9 September 23,2003 Consider authorizing the City Manager to execute a labor agreement with the international Association of Firefighters Local 399 City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols MEETING DATE: September 23, 2003 AGENDA MEMO DATE: September 12, 2003 REQUESTED ACTION: Resolution authorizing the City Manager to execute a labor agreement with the International Association of Firefighters Local 399 RECOMMENDATION It is recommended that Council authorize the Manager to execute an agreement with the Firefighter's Union for the period October 1, 2001, until September 30, 2005. BACKGROUND The City and Local 399 were unable to negotiate a labor agreement to replace the one that expired September 30, 2001. In accordance with the impasse procedure in such contract, an arbitration proceeding was commenced and the arbitration panel entered an award on all contested issues. Local 399 sued in an attempt to change the award as it related to payment for health insurance. The award said that premiums for dependent coverage would be limited to an increase of $15 per month for each of the four years of the Collective Bargaining Agreement. The Local wanted the $15 increase to be tied to increases in civilian health insurance rates. The court found that, under the statutes that control binding arbitration in such a situation, he had no jurisdiction to amend the award and ordered that the award be enforced as written. With that issue at rest, the parties are in a position to execute a new labor agreement. BUDGETARY IMPACT The award will require wage and benefit increases in the future that are set and can be budgeted for. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY The City Manager and City Attorney. 10 September 23,2003 Consider authorizing the City Manager to execute a lease agreement for the Tyrrell Park Stables facility A Motor City of Beaumont .. Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: September 23, 2003 AGENDA MEMO DATE: September 18, 2003 REQUESTED ACTION: Council authorize the City Manager to execute a lease agreement for the Tyrrell Park Stables facility. RECOMMENDATION Administration recommends authorizing the City Manager to execute a five(5)year lease agreement with Bryan and Bridget Markland for rental of the Tyrrell Park Stables facility. BACKGROUND During July 2002, the City requested proposals for the lease of the Tyrrell Park stable facility. Proposals were requested after the lease agreement with Jeff Hughes was terminated because of his inability to satisfy his creditors. At that time, only one proposal was received,but was rejected by City staff. It was decided that the proposal was not in the best interest of the City. Since the proposals were requested,a number of individuals have inquired about the facilitybut none were interested unless the City would spend additional funds for improvements, such as a covered riding arena and more indoor horse stalls. The individuals were not willing to amortize the funds required to make such improvements over the term of the lease period. However, last month, two parties expressed interest in leasing the Tyrrell Park stable facility from the City to establish an equestrian business. A committee consisting of the Parks Manager, Purchasing Manager, Finance Officer and Central Services Director reviewed their proposals and interviewed the potential tenants. The committee agreed that the proposal submitted by Bryan and Bridget Markland provides for the best use of the facility and should be accepted. The Marklands are proposing a five(5)year lease agreement, with an option for an additional five (5) year term for the equestrian facility. They plan to provide horse rentals, boarding and riding Tyrrell Park Stables September 18, 2003 Page 2 lessons for the public. Summer riding camps,riding parties and play days are also planned. Future plans include the construction of a covered round riding pen for inclement weather and reconfiguring the stable stalls to allow for a better environment for the horses. Most of the proposed contract requirements are the same as those approved when the City entered into an agreement with Jeff Hughes, including the insurance requirements. Because there are significant expenses associated with the start-up of a new business, the Marklands have proposed that a rental fee of$500 per month not commence until the seventh (7'h) month of agreement. In addition to the monthly rental fee,they agree to pay the City 5%of gross receipts collected after the twelfth(12ffi) month. The City would still be responsible for maintaining the structural integrity of the stable facilities and providing grounds maintenance. After the first year,the Marklands will be responsible for mowing and grounds maintenance. Minor improvements and general maintenance are to be provided by the tenants. The house at the facility would be used as the Marklands' residence. A copy of the proposed agreement, in its substantial form, is provided for your review. The Marklands' proposal was presented to City Council during their September 16, 2003 work session. It was the consensus of Council that the agreement be finalized and presented to them for consideration. At the request of Councilmember Patterson,additional provisions have been included in the proposed agreement to assist in preventing tenants from incurring debt for improvements which the City may be liable to pay. If approved, the agreement will commence on October 1, 2003. The Marklands must begin equestrian activities at the stable facility within four(4)months of the contract commencement date, or February 1, 2004. BUDGETARY IMPACT Rental payments of $500 per month will commence upon the 7' month of the agreement. In addition, payments of 5% of gross receipts are to be received beginning on the 13t'month of the agreement. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. State of Texas § County of Jefferson § Lease Agreement THIS AGREEMENT is made and entered into this day by and between the City of Beaumont, a municipal corporation of the State of Texas (herein referred to as "City") and Bryan and Bridget Markland(herein referred to as"Tenant"),for the lease of property within Tyrrell Park in Beaumont, Texas and being described in Exhibit"A" attached(herein referred to as "Property"). WHEREAS, City has right, title and interest in and to the facilities and privileges hereinafter granted, and has full power and authority to enter into this Agreement in respect thereof, and WHEREAS,Tenant wishes to lease Property for an equestrian oriented operation for the benefit of the citizens of Beaumont and Southeast Texas. NOW, THEREFORE, in consideration of the mutual covenants and considerations herein contained,City lets and demises to Tenant and Tenant takes from City the Property and all described rights incident thereto, subject to the following: Article 1 TERM OF AGREEMENT 1.1 The primary term of this agreement shall be five(5)years, commencing on October 1, 2003 and shall terminate on August 31, 2008, if not sooner terminated as herein provided. 1.2 Upon expiration of the primary term, the City Manager or his designee may extend this Agreement for an additional five(5)year period. The terms and conditions of the extended term must be agreed upon in writing by both parties within sixty (60) days prior to the Agreements termination. 1.3 If Tenant holds over and continues in possession of Property after the expiration of the term of this lease, or any extension of that term, Tenant will be deemed to be occupying the Property on the basis of a month-to-month tenancy,subject to all of the terms and conditions of this lease. 1.4 Tenant agrees that upon expiration of the primary term or any extension of this Agreement or sooner cancellation thereof, the Property will be delivered to City in good condition, reasonable wear and tear excepted. -1- Article 2 RENTAL, FEES AND PAYMENT 2.1 Tenant shall keep and maintain a complete and detailed accurate set of books and records of daily entry accounting for receipts related to the operation of the Property and such books and records shall be available for examination by City at any and all reasonable times. 2.2 During the primary term of this Agreement, Tenant shall make monthly rental payments to City in the amount of FIVE HUNDRED DOLLARS ($500) as consideration of its interest in the lease. Said payments shall commence upon the seventh(7th)month after the execution date of this lease agreement. Commencing on the thirteenth(13th)month after the execution date of this lease agreement, Tenant shall pay to City an additional monthly rental fee of FIVE PERCENT (5%) of gross receipts collected during the previous month. 2.3 Rental payments shall be made by Tenant on or before the fifth(5th) day of each month and shall be accompanied by a summary statement of the previous monthly gross receipts collected by Tenant. Rental fees shall be payable in advance. Failure of Tenant to make prompt and timely rental payments may be cause for contract termination. Article 3 OBJECTIVES AND PURPOSE OF AGREEMENT 3.1 For the term of the Agreement,Tenant shall be qualified,authorized and herewith designated official in possession and control of all real property known as Property and as shown in Exhibit "A". The Property will continue to be owned by the City during the term of this Agreement and any extension thereof. 3.2 Tenant shall, at his own cost and expense, operate,manage and maintain said Property and surrounding grounds in a fit and proper order, suitable for equestrian activities only. Any other uses of the Property contemplated by Tenant must receive prior written approval by the City Manager or his designee. 3.3 Tenant is an independent contractor, not an employee or agent of City and all persons employed by Tenant shall be his employees and shall not be employees of City. Tenant shall employee only qualified competent persons. Article 4 OBLIGATIONS OF TENANT 4.1 Tenant shall at his own cost and expense: 4.1.1 furnish all personnel and labor necessary for the normal maintenance and operation of said Property, 4.1.2 acquire and furnish all equipment, including tractors, trailers, mowers and similar -2- equipment and tools necessary to operate and maintain said Property. 4.1.3 during the initial twelve(12)months of this contract, the City will provide mowing of Property,unless services are declined in writing and such services are performed by Tenant. Frequency of mowing will be provided in accordance with the maintenance schedule of Tyrrell Park. 4.2 Tenant shall furnish all equestrian equipment and a minimum of six(6)horses,tack,feed and similar equipment and supplies necessary to operate and maintain equestrian activities and rentals. Equestrian activities must begin within four(4)months of contract commencement date. 4.3 Property and all livestock boarded or owned by Tenant,clients or other individuals shall be maintained and kept in strict accordance with safety programs, rules, regulations and operating procedures,and any amendments thereto,established by the State of Texas,Texas Administrative Code,Title 4,Part 2,Chapter 48,Riding Stable Registration Program(herein referred to as"Standards")for commercial horse operations,or any applicable laws,rules or regulations governing riding stables or horse rentals. Any horse shows,camps,clinics,horse rentals, horse and carriage rides, covered wagon rides,barn tours,pony rides, etc., offered, promoted,or sponsored by Tenant shall be conducted in strict accordance with the guidelines and safety procedures set by the Standards, or any other applicable law. 4.4 Tenant shall obtain and maintain a certificate of registration issued by the State of Texas,in accordance with the Standards, prior to the start of any operations at the Property. 4.5 Tenant shall report violations of any equestrian laws, and specifically lack of proof of Coggins immunizations, to the State of Texas Animal Health Commission. Tenant shall have the right to require all horses ridden on Tyrrell Park property to have proper immunizations, including those for Coggins. 4.6 Tenant shall establish rules and regulations for horse rental and stable operations,as well as a schedule of all rental fees,horse training fees,riding lessons,camping fees,equipment and retail sales,and all other revenues to be derived from Tenant's operation of the Property and obtain written approval of the City Manager prior to the effective date thereof. Such approval will not be unreasonably withheld. 4.7 Tenant shall confine all riding activities to the Property and designated riding trails;no riding is allowed on Tyrrell Park property except in those encompassed by the Agreement. Tenant may be granted use of other areas only by written approval of the City Manager or his designee. City is responsible for mowing of the riding trails and removal of trees or other obstructions on the trail area. Tenant shall promptly report any deficiencies in the trail area to the City and shall cease use of the riding trail,if in Tenants opinion the deficiency presents a hazard, until such deficiency is removed. -3- 4.8 Tenant and his customers,clients and patrons shall drive and park only in designated areas; vehicles are only permitted on grass areas for the temporary transport of supplies and equipment. 4.9 Tenant shall be responsible for the control of air borne vectors within the Property and for removing manure from Property at least once per month. Stored manure must be limed and sprayed to control flies. Use of pesticides shall be in accordance with all applicable laws and regulations. Manure shall be removed from stalls on a daily basis at minimum. Tenant shall adhere to all regulations governing its disposal. 4.10 Tenant shall be responsible for keeping Property free of any litter, trash or debris and shall adhere to all regulations governing its disposal. 4.11 Tenant shall be responsible for locking the side gates at the Property and the Downs Road park entrance at dark each day. 4.12 Tenant shall obtain and maintain a license issued by the Texas Department of Health, in accordance with the State of Texas,V.T.C.A.,Health and Safety Code, Chapter 141.Youth Camps, or as may be amended, prior to the start of any youth camp operations at the Property. All State Department of Health rules and orders and all other applicable laws governing youth camps must be strictly adhered to, when applicable. 4.13 Tenant agrees to conform to all policies, rules and regulations of the City, and all City ordinances, and State and Federal statutes. 4.14 Tenant shall promptly pay as it becomes due and payable, all indebtedness, obligation or other amounts owing or incurred by him under this agreement. No liens of any kind may be affixed to Property. 4.15 Tenant shall submit a report of attendance, events sponsored and participation in activities at the Property to the designated City department by the fifth (5"') day of each month. 4.16 Tenant shall be responsible for the timely payment of all utility services, including but not limited to electrical, telephone, trash disposal and water and sanitary services. 4.17 Tenant shall be responsible for routine maintenance of buildings and property, including plumbing, electrical, and heating and air conditioning systems. "Routine maintenance" as used in this section shall include but not be limited to repairing leaking faucets and running toilets, unstopping plumbing lines, replacing ballasts, light bulbs, breakers and breaks in electric lines,replacing filters on a regular basis,and having an evaluation of the heating and air conditioning system done on an annual basis. City is responsible for major repair costs of the systems listed above and structural integrity of the house and stables only. "Major repair" as used in this section shall include but not be limited to failure of the foundation, walls,or roof systems,failure of the heating or air conditioning system,replacement of main sewer drain lines or main water supply lines. Damages caused by Tenant,Tenants guests or -4- by Tenants negligence shall be the responsibility of Tenant. Should damages to the Property occur or the Property require general maintenance,which are the responsibility of the Tenant under this lease, Tenant must promptly repair such damages. Should Tenant fail to repair such damages, City shall upon ten (10) days written notice of such failure, may repair the damages and charge the cost of same to Tenant as additional rent. 4.18 Tenant shall comply with the risk reduction program standards as set forth by the North American Horsemen's Association, as shown in Exhibit"D,"for Horse Stables and Farms, Boarding,Breeding,Leasing,Sales,Training and Lessons,and Horse Rental and Trail Rides, Guides and Outfitters, Dude Ranches and Resorts, and Horse Related Camps, as may be amended. Article 5 INDEMNITY AND INSURANCE 5.1 Indemnity 5.1.1 Tenant hereby indemnifies and hold harmless the City against any and all claims, obligations, costs, judgements and attorney's fees arising from or growing out of the operation and maintenance of the Property, stables, or day camp. Such indemnity specifically includes claims,law suits or causes of action and alleged negligent acts and omissions of the City, its officers, agents and employees. 5.2 Insurance 5.2.1 Within ten(10)days of the execution of this Agreement and prior to commencement of any activities on the Property, Tenant shall furnish a completed Insurance Certificate to the City Clerk. The certificate shall be completed by an agent authorized to bind the named underwriter(s)to the coverages,limits,and termination provisions shown thereon. City shall have no duty to pay or perform under this contract until such certificate is received by the City, and no officer or employee or the City shall have authority to waive this requirement. 5.2.2 Subject to Tenant's right to maintain reasonable deductibles in such amounts as are approved by the City,Tenant shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension thereof, at Tenant's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amounts: 5.2.2.1 Workers' Compensation and Employer's Liability- Statutory Amount. 5.2.2.2 Commercial General (Public) Liability - Combined single limit for bodily injury and property damage of$1,000,000 per occurrence or its equivalent with an aggregate limit of$2,000,000. Including coverage for the following: 5.2.2.2.1 Premises operations, -5- 5.2.2.2.2 Independent contractors Products/Completed operations, 5.2.2.2.3 Personal injury, 5.2.2.2.4 Contractual liability, 5.2.2.3 Comprehensive Automobile Liability - for vehicles used by Tenant in his operations hereunder- Combined single limit for bodily injury and property damage of$1,000,000 per occupance or equivalent. 5.2.2.4 Fire and Extended Coverage - Tenant shall provide fire and extended coverage insurance on the Property showing the City as insured. Tenant shall provide City with a certificate for such insurance and Tenant shall maintain such insurance and pay the premium for such during the term of this agreement and any extension therof. Proceeds of such issuance shall be paid to the City. 5.2.3 Tenant agrees with respect to the above required insurance, all insurance contracts and certificate(s)of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: 5.2.3.1 Name the City of Beaumont and its officers, employees, and elected representatives as additional insured(s), as the interest of each insured may appear, to all applicable coverage. 5.2.3.2 Provide 15 days notice to City for cancellation, non-renewal, or material change. 5.2.3.3 Tenant agrees to waive subrogation against the City,its officers, employees, and elected representatives for injuries,including death,property damage,or any other loss to the extent same may be covered by the proceeds of insurance. 5.2.3.4 Provide that all provisions of this Agreement concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. Article 6 TERMINATION 6.1 Termination by City 6.1.1 In the event that the City determines, in its judgement, that any one or more of the provisions of this contract are being breached or violated by Tenant, it shall notify Tenant thereof in writing, therein setting forth such breach or violation and a sufficient time for correction. In the event Tenant fails to correct such breach or violation in the time allowed, such failure shall, at the sole option of the City, serve -6- to terminate this Agreement after thirty(30) days written notice. Such termination of the Agreement by City shall not deprive it of its lawful rights and pursuits to recover any and all amounts owing to it by Tenant up to and including the date of such termination. 6.1.2 Upon termination of this Agreement, City shall have the right of reentry and may remove all persons and property from the premises and may store such property at a public warehouse or elsewhere at the expense of, and for the account of Tenant. Any and all improvements made by Tenant to Property become the property of City. 6.2 Termination by Tenant 6.2.1 Tenant shall have the right to terminate this Agreement upon ninety(90)days written notice of its election to do so. Should Tenant terminate this Agreement, any and all improvements made by Tenant to Property become the property of City. Article 7 IMPROVEMENTS TO PROPERTY 7.1 Improvements by Tenant 7.1.1 Tenant may make Improvements to the Property. Tenant will not construct any permanent Improvements to Property without the written approval of the City Manager or his designee. Should permanent Improvements be constructed, Tenant and authorized City staff shall enter into an amendment to this agreement detailing the requirements necessary for construction of such Improvements. 7.1.2 All Improvements to Property must be in accordance with City, State and Federal laws, regulations and codes applicable to the construction, renovation and improvement of the structures and grounds. Due to the public nature of Property, State regulations set forth by the Texas Department of Licensing and Regulations applicable to Architectural Barriers must be followed. Prior to commencement of Improvements to public areas, approval of the plans and specifications must be received by the Texas Department of Licensing and Regulations and City. 7.1.3 Tenant is solely responsible for all payments, claims and costs associated with Improvements unless otherwise provided for in this agreement or agreed to in writing by both parties. 7.2 Improvements by City 7.2.1 The City may, at its own cost and expense, make capital improvements to the Property, subject to the appropriation of City funds. The City shall consult with Tenant prior to making said capital improvements. 7.3 Upon termination of this Agreement,or any extension thereof,all improvements to Property shall become the property of the City. -7- 7.4 Should the Improvements or Property be damaged or destroyed by fire or other casualty,the decision to reconstruct the facility shall be solely that of the City Manager or his designee. If the City decides not to reconstruct the Property, this lease agreement shall terminate. Should the Property, or any portion of such Property, be destroyed by an insured event to such an extent that the business of the Tenant cannot continue and should the City decide to rebuild the destroyed portion of such Property such that the Tenant can continue in business, then,in that event,this lease shall be extended for a period of time equal to the period of time that the Tenant is not able to operate its business under this lease and the Tenant shall be relieved of rental payments during such time period. Article 8 GENERAL PROVISIONS 8.1 The services called for herein shall be performed by Tenant as an independent contractor,and City shall not be liable for the manner of discharge of such services. 8.2 Tenant shall be an independent contractor, not an employee of the City, and all persons employed by Tenant shall be his employees and shall not be employees of the City. 8.3 This Agreement shall not be transferred or assigned to any party,in any manner whatsoever, by Tenant without the prior written approval of the City Manager or his designee. Any sale which transfers the majority shares of the corporation's stock must have prior written approval of the City Manager or his designee. 8.4 No waiver by either party of a breach by the other shall be construed or held to be a waiver by such party of any succeeding breach by the other party of the same or any covenant, condition, or restriction herein contained. 8.5 Where changes to activities or areas included in this Agreement are made, such modifications must be in writing and signed by both parties. 8.6 If any term or provision of this Agreement shall,to any extent,be invalid or unenforceable, the remainder of this lease shall not be affected thereby and each other term and provision of this lease shall be valid and be enforced to the fullest extent permitted by law. 8.7 With respect to the Property, Tenant assures that it will undertake an affirmative action program to ensure that no person shall on the grounds of race,creed,color,sex,disability or national origin be excluded from participating in any employment activity. Tenant assures that no person shall be excluded on these grounds from participation in or receiving the services or benefits of any program or activity covered by this Agreement. 8.8 Any written notice to be given hereunder by either party to the other party shall be affected by certified mail,return receipt requested. Either party may change the address for notice to it by giving written notice of such change in accordance with the provisions of this section. 8.8.1 Notice to Tenant shall be sufficient if made or addressed to: -8- Bryan&Bridget Markland 5595 Tyrrell Park Road Beaumont, Texas 77705 8.8.2 Notice to City shall be sufficient if made or addressed to: City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 8.9 This Agreement constitutes the entire agreement between the parties and no changes, amendments or modifications hereof shall be valid or recognized unless in writing and signed by both parties. 8.10 The Caretaker's House on the Property may only be occupied by Tenant unless written approval for occupancy by others is obtained from the City Manager or his designee. 8.11 Time is of the essence of this agreement. 8.12 This agreement shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this agreement are performable in Jefferson County, Texas. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the date first mentioned above at Beaumont, Texas. CITY OF BEAUMONT: TENANT: Kyle Hayes, City Manager Bryan Markland Bridget Markland -9- . a,sy � �k£ N } :��•," 'u, r R: 'say �,"$� .I K�"h' ,� & WAA Ago - "�`,� P. 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I,z Rfr. tx. w u �•:: °A"Y P qr •.c. i t at rr' rR9 4 1 t. + as +J p 1 CO ON PRIM& 5 a I,rwadre ;�3k r s q r N; Yr 1 1 Asa r i dllvN '' la, r wVa H r. wC yam„ coal 'tatlytllb, '} a q: ay teas r "'C• -'t•- X "''' '- �, "1. - 1 r �n n mv Ct ism a sif 11 September 23,2003 Consider approving a bid for the purchase and installation of a fire alarm system for the Julie Rogers Theatre ...... City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: September 23, 2003 AGENDA MEMO DATE: September 16, 2003 REQUESTED ACTION: Council approval to award a bid for the purchase and installation of a fire alarm system for the Julie Rogers Theatre. RECOMMENDATION Administration recommends award of a bid for the purchase and installation of a fire alarm system in the amount of$75,000 to Guardian Force Security Services. BACKGROUND The fire alarm upgrade specified in the bid will consist primarily of a central processing unit, remote smoke and thermal heat detectors, and associate electrical panels and wiring. The upgrade will replace the system which has been in service since 1982, and will significantly enhance the effectiveness and reliability of the system. The unit will communicate with the alarm monitoring company under contract with the City via dedicated phone line. The system will have a battery backup in the event of a power disruption. Bid notices were provided to thirteen (13) vendors, with (3) responding with bids. The bids received are as follow: Vendor Mbdd Bid ©wpleti©n Time T©tal Amount Bid Guardian Force Security Services Fire-Lite MS-9600 90 days $75,000 Beaumont,TX Gulf Coast Electric Co.,Inc. Notifier AFP-640 65 days $97,490 Beaumont,TX Southwest Building Systems EST-QS4 120 days $115,375 Silsbee,TX Purchase and Installation of Fire Alarm System-Julie Rogers Theatre September 16, 2003 Page 2 The system carries a warranty of two (2) years on parts and one (1) year on labor. BUDGETARY IMPACT Funds are available for this expenditure in the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Guardian Force Security Services in the amount of$75,000 for the purchase and installation of a fire alarm system upgrade for the Julie Rogers Theatre. 12 September 23,2003 Consider authorizing the City of Beaumont to participate with other cities in intervening in Entergy- Gulf States various fuel reconciliation,fuel factor and fuel surcharge/refund cases filed at the Public Utility Commission in 2003 Cluj Cat Y of Beaumont Council A enda Item 'm E-WAI.W0101MI W-M31111111L TO: City Council FROM: Kyle Hayes, City Manager Lane Nichols, City Attorney PREPARED BY: Lane Nichols, City Attorney MEETING DATE: September 23, 2003 AGENDA MEMO DATE: September 16, 2003 REQUESTED ACTION: Resolution authorizing the City of Beaumont to participate with other cities in intervening in Entergy-Gulf States various fuel reconciliation, fuel factor and fuel surcharge/refund cases filed at the Public Utility Commission in 2003. RECOMMENDATION The administration recommends that the Council adopt a resolution authorizing the City of Beaumont to participate with other cities to intervene in various fuel reconciliation, fuel factor and fuel surcharge/refund cases filed at the Public Utility Commission by Entergy- Gulf States. BACKGROUND On Monday, September 8, 2003, Entergy-Gulf States, Inc., filed at the Public Utility Commission of Texas an application for an interim fuel surcharge. Entergy-Gulf States asserts that for the period September 30, 2002, through August 31, 2003, the Company has under-collected fuel expenses by $87.3 million including interest. The Company proposes to implement the surcharge over a 12 month period and begin collecting the under-recovered amount in January, 2004. These interim fuel surcharge cases are typically not given close scrutiny by the Public Utility Commission of Texas because under and over collection through these surcharge cases is supposed to be reconciled in a fuel reconciliation proceeding. The current case filed by Entergy-Gulf States is somewhat different. First, the interim surcharge could be avoided in total if the Company would simply file a fuel reconciliation case, which it could file since three (3) years have passed since its last fuel reconciliation case. Second, under the current deregulation plan, the Company is expected to begin a pilot project in January, 2004,which is also the start of the proposed surcharge. Under the Company's surcharge proposal, any customer that elects to be in the deregulation pilot project will avoid paying the surcharge. Such a proposal is not fair. Moreover, the legislature did not pass the deregulation bill to shift costs to other customers. Third, the surcharge includes claimed fuel costs that the Public Utility Commission of Texas and the Travis County District Court have disallowed from reconciliation proceedings. Notwithstanding that, the Company continues to include these costs in its attempts to relitigate the same issue. In 2002, the City of Beaumont, along with other cities in the Entergy-Gulf States service area, approved a resolution authorizing the City to intervene in these various fuel related cases for the year 2002. We are requesting that the City authorize intervention in fuel cases for 2003. BUDGETARY IMPACT The coalition of cities will share lawyers and consultants as necessary and the fees of these professionals are entitled to reimbursement under Texas Utility Code §33.023. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY The City Manager and City Attorney. 13 September 23,2003 Consider amending Chapter 20 ofthe Code of Ordinances to add a new Section 20-12 to adopt a fee for nonresident usage of the Sterling Pruitt Activity Center II7E-I-!j City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Maurine Gray, Director of Community Services MEETING DATE: September 23, 2003 AGENDA MEMO DATE: September 19, 2003 REQUESTED ACTION: Council adopt an ordinance amending Chapter 20 of the Code of Ordinances to add a new Section 20-12 to adopt a fee for nonresident usage of the Sterling Pruitt Activity Center. RECOMMENDATION Administration recommends that a fee of$5.00 per usage be charged for nonresident usage of the Sterling Pruitt Activity Center and that a nonresident fee of$l 0,00 per month be charged for children under the age of 18 years. BACKGROUND Citizens of Beaumont should have the first priority for usage of the Sterling Pruitt Activity Center. A Photo Identification Card will be requested for each user to verify their home address. Fees charged by other physical fitness facilities for nonmembers are as follows: Workout Studio and Ms. Workout Studio - $9.00 a visit; World Gym- $10.00 a visit;and Melton YMCA- $10.00 a visit. BUDGETARY IMPACT The City should see a minimal increase in income from these new fees. PREVIOUS ACTION None SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Director of Community Services, and Recreation Superintendent. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SECTION 20-12 REQUIRING A FEE FOR NON-RESIDENT USAGE OF THE STERLING PRUITT ACTIVITY CENTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add a new Section 20-12 to read as follows: Sec. 20-12. Sterling Pruitt Activity Center. Non-residents of the City of Beaumont over the age of eighteen (18)years shall be charged a fee of Five Dollars ($5.00) per usage for the use of the Sterling Pruitt Activity Center. Those under the age of eighteen (18) wishing to use the Sterling Pruitt Activity Center may obtain a card authorizing the usage of the Center for a month or a part of a month upon the payment of a Ten Dollar($10.00)fee. Those wishing to use the Sterling Pruitt Activity Center will be required to provide a photo identification card to verify their resident or non-resident status. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of September, 2003. - Mayor Evelyn M. Lord - 14 September 23,2003 PUBLIC HEARING: Conduct a public hearing regarding the acceptance and application ofFY 2004 State Public Transportation Funds for the Beaumont Municipal Transit System Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: September 23, 2003 AGENDA MEMO DATE: September 17, 2003 REQUESTED ACTION: Council conduct a public hearing regarding the acceptance and application of FY2004 State Public Transportation Funds for Beaumont Municipal Transit. No further Council action is required. RECOMMENDATION It is recommended that Council conduct a public hearing regarding the FY2004 application for State Public Transportation Funds. BACKGROUND Prior Council action on September 9, 2003, authorized the City Manger to execute a contract with the Texas Department of Transportation (TxDOT) for the City to receive state public transportation funds. These funds total $426,348 for FY2004. In fiscal years 2002 and 2003 the City received $524,863 and $313,023 respectively. New public hearing requirements as stated in 49USC5323(b), require a forum to allow public comment as part of the application process. BUDGETARY IMPACT None. PREVIOUS ACTION On September 9, 2003, Council gave authorization to the City Manager to execute a contract with TxDOT to receive state public transportation funds. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager PT'FPublicHearing.wpd 09-17-2003 WORKSESSION REVIEW A PROPOSAL TO ADOPT NEW BUILDING CODES CITY OF BEAUMONT PUBLIC WORKS "ears INTEROFFICE MEMORANDUM EL DATE: September 17,2003 TO: Kyle Hayes, City Manager FROM: Tom Warner,Public Works Director SUBJECT: ADOPTION OF NEW BUILDING CODES COMMENT: The City of Beaumont adopted the(Southern)Standard Building Code,with related codes, and has been a member of the Southern Building Code Congress International(SBCCI) since 1954. The SBCCI, the Building Officials and Code Administrators International (BOCA) and the International Conference of Building Officials (ICBO) founded the International Code Council(ICC)in 1994. The ICC was founded to develop a single set of comprehensive and coordinated national model construction codes that could be used throughout the country. The Standard Building Code and related codes are updated every three years. With the establishment of the ICC, effective February 1,2003,the 1999 Standard Building Code is the final edition. Since the Standard Building Code is no longer available,it is necessary for the City to consider the adoption of new codes. The ICC has developed the following codes to replace the existing Standard Codes: • International Building Code • International Energy Conservation Code • International Existing Building Code • International Fire Code • International Fuel Gas Code • International Mechanical Code • International Plumbing Code • International Property Maintenance Code • International Residential Code • International Zoning Code The International Energy Conservation Code, International Mechanical Code and the International Residential Code have been adopted by the City. Since the City currently has a zoning ordinance, adoption of the International Zoning Code is not necessary. To: Kyle Hayes From: Tom Warner RE: Adoption of New Building Codes September 17.2003 Page 2 of 2 Additionally,the City has adopted the National Electrical Code published by the National Fire Protection Association (NFPA). The National Electrical Code is automatically adopted by the City every three years or when updated by the NFPA. On August 21, 2003, The Construction Board of Adjustment and Appeals conducted a public meeting to receive input from interested parties. During the meeting several speakers requested consideration by the City to adopt the National Fire Protection Association(NFPA)Building Code. The new International Codes is basically Standard Building Codes,currently being used by the City,with minor revisions and/or restructuring. The natural progression of events would be for the City to adopt codes that are similar,or as close as possible,to the codes currently in use. This would minimize the learning curve for local architects,developers, contractors and City staff. Currently, the International Building Code is the most widely recognized building code and has been adopted by the Department of Defense and 45 states,including Texas. The International Building Code has been endorsed by the American Institute of Architects,the National Association ofHomebuiiders and many other construction organizations.Locally, the code has the support of the Homebuilder's Association of Southeast Texas and the Southeast Texas Chapter of the Ameri can Institute of Architects.A partial list of cities and state agencies in Texas that have adopted the International Building Code is enclosed. The Construction Board of Adjustment and Appeals voted unanimously, with one abstention, to recommend adoption of the 2003 Editions of the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code,International Mechanical Code,International Plumbing Code,and International Property Maintenance Code.Additionally,the Board voted to approve the enclosed permit fee schedule. The Building Codes Division is prepared to present this information during the September 23,2003 City Council Work Session. Tom Warner Partial list of entities in Texas that have adopted the International Building Code Abilene Arlington Baytown Carrollton College Station El Paso Ft. Worth Gainesville Harlingen Houston Humble Kilgore Killeen Laredo Longview McAllen Midland Nacogdoches Odessa Plano Pleasanton Pt. Aransas Richardson Richmond San Angelo San Marcos Tyler Victoria Waco Texas Department of Licensing and Regulation Texas Education Agency(for schools outside city limits) PUBLIC WORKS DEPARTMENT FEES & OTHER CHARGES September 18, 2003 Date Last Current Annual Annual Proposed Estimated Division Fee Tvae Changed Fee Number Revenue Fee(Increase) Revenue Building Codes Building Permit 1999 Varies 1925 $640,000 5% $672,000 Electrical Permit Unknown Varies 1644 51,800 10% 56,980 Gas Permit Unknown Varies 700 7,300 10% 8,030 Mechanical Permit Unknown Varies 1139 50,100 10% 55,110 Plumbing Permit Unknown Varies 864 25,250 10% 27,780 Commercial Driveway Unknown $25 55 1,380 $50 2,750 Residential Driveway 1999 $15 313 4,700 $25 7,830 Lawn Sprinkler Permit Unknown Varies 101 4,130 10% 4,540 Moving Permit 2000 $100 17 1,700 $150 2,550 Sign Permit 1999 Varies 106 5,640 5% 5,920 Pool Permit Unknown Varies 69 8,940 10% 9,830 Totals $800,940 $853,320 0 Q1q City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 23,2003 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments