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HomeMy WebLinkAboutPACKET JAN 6 2004 Beaumomt j REGULAR MEETIPIG OF THE (CITY COUNCIL COUNCIL CHAMBERS JANUARY 69 2004 1.30 P.M. AGENDA CALL TO ORDER Invocation Pledge boll Call Presentations and recognition Public Comment. persons may speak on scheduled agenda items 2-3/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from rM-H (residential Multiple Family Dwelling-highest Density) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for the property extending from the south side of Phelan to south of Calder and from west of Mathews and Pinchback to the east side of the DD#6 Amelia Cutoff Ditch 2. Consider approving the renewal of a Management Agreement with Beaumont Council of Garden Clubs (13CGC) 3. Consider approving a grounds maintenance contract for Tyrrell Park COMMENTS * Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) 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 January 6,2004 Consider approving a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for the property extending from the south side of Phelan to south of Calder and from west of Mathews and Pinchback to the east side of the DD#6 Amelia Cutoff Ditch City of Beaumont •� Council Agenda Item � = OL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: January 6, 2004 AGENDA MEMO DATE: December 29, 2003 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for the property extending from the south side of Phelan to south of Calder and from west of Mathews and Pinchback to the east side of the DD#6 Amelia Cutoff Ditch. RECOMMENDATION The Administration recommends approval of a zone change from RM-H to GC-MD-2 District for the property extending from the south side of Phelan to south of Calder and from west of Mathews and Pinchback to the east side of the DD#6 Amelia Cutoff Ditch. BACKGROUND The multiple owners of these properties are requesting a zone change to GC-MD for the purpose of selling these properties for commercial development. Randall Creel,who is representing the property owners in this request, states that previous attempts to sell these properties with the RM-H zoning have been futile. However, no specific plans have been submitted. That portion of the subject property that is located between Phelan and Calder is abutted by GC-MD zoning to the east and west. On the north side of Phelan, the property is zoned RM-H but is commercially developed. Over the years,specific use permits have been granted to allow office uses. The subject property that is south of Calder is separated from the townhomes to the west by an 80' wide DD#6 drainage ditch and from the townhomes to the east by Pinchback Road. Apartments do abut a portion of the subject property along its southern boundary. Any commercial development would require an 8' tall wood screening fence and 10' wide landscape buffer along any adjacent residentially zoned property. The Comprehensive Plan designates this area as a"Community Center". So designated, uses such as community shopping centers, satellite health clinics, Nigh schools, churches, office complexes, community recreational facilities and higher density residential development are appropriate. This rezoning request would conform to the Comprehensive Plan. Staff originally recommended approval ofthe zone change to GC-MD. However, staff concurs with the Planning Commission's recommendation. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held December 15, 2003,the Planning Commission voted 9:0 to approve a zone change from RM-H to GC-MD-2 District for the property extending from the south side of Phelan to south of Calder and to leave the remainder of the requested property zoned RM-H District. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. 1 If If If Mathews and Pinchback to the east side of the DD#6 Amelia Cutoff Ditch NWI QW INN Sv ININIFN INININS o I I 1 ' 012 S. 1 1 m 1 I 1 1 � i 1 r �l O f --- ------------------- ---------------------- J.C.O.D. N0. 6 1 L — — — -� �.� - -- _ - J.0 D D NO. d AMELIA CUTOFF AMELIA CUTOFF 1 O 1 w N > I N e 7U1 U Z O P � � � N•a / a 40 to b Y~ 9 M�IF- j la � I i v L ' f (yMFN11 MATTHEWS DRIVE a�e..■or».• r------------- ------------------ - »..---- -----, e 1 s I , • 1 1 1• f I /J I — —L / ---------------- --- PINCHBACK ROAD / 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-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY EXTENDING FROM THE SOUTH SIDE OF PHELAN TO SOUTH OF CALDERAND FROM WESTOF MATHEWSAND PINCHBACK TO THE EAST SIDE OF THE DD#6 AMELIA CUTOFF DITCH, 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 30-5B thereof, is hereby amended by changing the zoning of property presently zoned as RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property extending from the south side of Phelan to south of Calder and from west of Mathews and Pinchback to the east side of the DD#6 Amelia Cutoff Ditch, in the 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 6th day of January, 2004. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCES PURPOSES Tract 1: Being a 2.3642 acre tract of land but of and a part of the C. Williams Survey, Jefferson County, Texas, being also out of and a part of the 11.46 acre. Lot 7, Weiss Park Subdivision described in a deed from S.L. Guinn to W.J. Thiac recorded in Volume 229, Page 294 of the Deed Records, being also out of and a part of that 5 acre tract described as the "First" tract in a deed from Beaumont Building and Loan Company to Paul T. Petit recorded in Volume 615, Page 72 of the Deed Records, and being more particularly described as follows: BEGINNING at the Northeast corner of said Lot 7, of Weiss Park Subdivision, said corner being the intersection of the South Line of Calder Road with the west Line of Pinchback Road (formerly Ray Street), said corner being also South 36.6' from the centerline of pavement of said Calder Road; THENCE with the West Line of said Pinchback Road. South 297.8 feet to a S; inch steel pin for corner, said comer being the Northeast comer of a tract of land reserved by Dr. Paul T. Petit; THENCE with the North Line of said Petit tract North 88° 28' West 269.8 feet to a inch steel pin for corner, said comer being in the Rest Line of said Lot 7 of Feiss Park Subdivision, an old fence bears West 5.0 feet. THENCE with the Vest Line of said Lot 7. North 3° 25' Vest parallel to and approximately five feet from said old fence. 390.9 feet to a point for corner, said corner being South 3° 25' East 30.2 feet from the centerline of said Calder Road: THENCE with the South Line of said Calder Road, as follows; South 86° 50' East 163.77 feet, THENCE South 55° 02' East 158.0 feet to the PLACE OF BEGINNING and containing 2.3642 acres of land more or less. Tract 2: BEGINNING at a galvanized pipe which marks the intersection of the North line of Calder V Avenue and the West line of Matthews Street in the Charles Williams Sun-ey. Beaumont, Jefferson County, Texas, said pipe being located North 00° 19' 30" East. a distance of 230.86 feet measured along the East line of and from the Southeast corner of the certain tract of land described in Vol. 332, page 406, Deed Records, Jefferson County. Texas, said beginning corner being the Southeast corner of the tract herein described; THENCE North 000 19'30' East along the West line of Matthews Street,-a distance of 571.20 feet to a galvanized pipe for corner in the South line of the abandoned Missouri Pacific Railroad Company right-of-way; THENCE South 80° 50' 30" West, along the South line of said right-of-way, a distance of ' 164.28 feet to a galvanized pipe for corner; THENCE South 00° 19' 30" West, a distance of 530.69 feet to a galvanized pipe for comer in the North line of Calder Avenue; EXHIBIT "A" THENCE South 84° 55' 43" East, along the North line of Calder Avenue, a distance of 162.47 feet to the place of BEGINNING,containing in area 2.049 acres of land, more or less. Tract 3: BEING two tracts of land out of the Charles Williams Survey, Abstract 59, located along and adjacent to the Calder Avenue between Mattews Street and Shakespeare Drive in Beaumont, Jefferson County, Texas, the two tracts of land being the same tract of land referred to as the West one-half of the Frank Seagraves Tract' as described in Volume 332, page 406, Deed Records Jefferson County. Texas. SAVE AND EXCEPT that part of said Seagraves Tract occupied by Calder Avenue and SAVE AND EXCEPT the %%est 30.00' of each tract which has heretofore conveyed to the Jefferson Count} Drainage District No. 6 as recorded in Volume 1288, Page 76, Deed Records. Jefferson County. Texas, the said two parcels to be conveyed as described by metes and bounds as follows: TRACT ONE: BEGINNING at an iron rod.which marks the southeast corner of the tract herein described, said beginning comer being the southwest corner of a tract of land heretofore conveyed to A.J. Fiorenza, said beginning corner being in the south line of the Seagraves Tract and located South 89 Degrees, 6 minutes and 34 seconds West. a distance of 163.58 feet measured along the south line of and from the southeast corner of the said Seagraves Tract: THENCE South 89 degrees 6 minutes 34 seconds West continuing along the south line of the Seagraves Tract, a distance of 126.47 feet to an iron pipe for corner in the east line of the aforementioned Drainage District No. 6 Tract; THENCE North 00 degrees 8 minutes 34 seconds East, along the east line of the Drainage District Tract, a distance of 195.40 feet to an iron pipe for comer in the south line of Calder Avenue, a 60.00 foot wide road right-of-way-. THENCE South 85 degrees, 56 minutes and 39 seconds East. along South line of Calder Avenue. distance of 127.21 feet to an iron rod for corner at the northwest corner of the aforementioned Fiorenza Tract; THENCE South 00 degrees, 17 minutes and 12 seconds West along the west line of the Fiorenza Tract, a distance of 184.44 feet to the place of beginning containing in area; 0.552 of an acre of land, more or less. TRACT TWO: BEGINNING at an iron rod which marks the southeast comer of the tract herein described, said beginning corner also being the southwest corner of a tract of land heretofore conveyed the A.,J. Fiorenza, said beginning corner being located North 00 degrees 17 minutes and 12 seconds east,a distance of 60.20 feet from the corner of Tract one: THENCE North 85 degrees 56 minutes and 39 seconds West. along the north line of Calder Avenue, a distance of 127.36 feet of an iron pipe for corner in the east line of the aforementioned Drainage District Tract; THENCE North 00 degrees 8 minutes and 34 seconds, East, along the cast line of the Drainage District Tract, a distance 498.55 feet to an iron pipe for corner in the south line of the abandoned Missouri Pacific Railroad Company right-of-way; THENCE along the south line of said right-of-way along the arc of a curve, a distance of 130.16 feet to an iron pipe for comer at the northwest of the aforementioned Fiorenza Tract, the radius of said curve being 5,754.60 feet %%ith a central angle of 01 degrees 17 minutes and 45 seconds: THENCE South 00 degrees 17 minutes and 12 seconds Vest. alone the west line of the Fiorenza Tract a distance of 528.61 feet to the place of beginning, containing in area, 1.505 acres of land, more or less. LESS AND EXCEPT THE FOLLOWING TRACT OF LAND: BEING a 0.135 acre tract of land in the C. Williams Survey, Abstract No. 59 in Beaumont. Jefferson County, Texas and being out of those certain two tracts of land. the first being a 1.505 acre tract of land described as Tract No. 2 in deed from Peter D Johnson to Mary Ann Fiorenza dated April 11, 1980 and recorded in Vol. 2227. Page 3S 1 of the Deed Records of Jefferson County, Texas and the second being a 2.049 acre tract of land described in deed from Nellie B. Brown to A. J. Fiorenza dated April 18, 1973 and recorded in Vol. 1779, Page 255 of the Deed Records of Jefferson County, Texas and said 0.135 acre of land being more particularly described by metes and bounds as follows: BEGI\�IING at the intersection of the East line of the Amelia Cut off drainage ditch (80 foot right of way) and the South line of that certain 50 foot right of way conveyed in deed from the Missouri Pacific Railroad Company to the City of Beaumont dated December 31. 1960 and recorded under the County Clerk's File No. 597774 in the Deed Records of Jefferson Count. Texas and locating the Northeast corner of that certain 40 foot aide strip of land described in deed from Grover Seagraves to the Jefferson County Drainage District No. 6 dated November 20, 1961 and recorded in Vol.1288 Page 76 of the Deed Records of Jefferson County. Texas and also located the Northwest corner of said Mary Ann Fiorenza 1.505 acre tract of land and locating the Northwest comer of the tract of land herein described; and the beginning of a nontangen curve concave to the North having a radius of 5754.6 feet, having a central angle of 2, degrees 55 minutes 4') seconds and whose chord bears North 79 degrees 38 minutes 53 seconds East. THENCE in a Easterly direction along the South line of said 50 foot wide right of way conveyed by the Missouri Pacific Railroad to the City of Beaumont and along said curve an arc distance of 294.14 feet to the West line of iviatthews Street and also locating the Northeast corner of said A.J. Fiorenza 2.049 acre tract of land. THENCE South 0 degree of 06 minutes 30 seconds West along the West line Of Matthews Street and the East line a said A.J. Fiorenza 2.049 acre tract of land a distance of 20.44 feet to a 5/8' inch iron rod placed in the proposed South right of way line of Phelan Boulevard (100 foot right of way)and the beginning of a nontangen curve concave to the North and concentric to the South line of said 50 foot right of way conveyed by the :Missouri Pacific Railroad to the City of Beaumont, having a radius of 5774.6 feet, having a central angle of 2 degrees 54 minutes 53 seconds and whose chord bears South 79 degrees 40 minutes 59 seconds West; THENCE in a Westerly direction along the proposed South right of way line of said Phelan Boulevard and the arc of said curve an arc distance of 293.76 feet to a 5/8 inch rod placed in the West line of said Mary Ann Fiorenza 1.505 acre tract of land and the East line of said 40 foot wide strip of land described in deed from Grover Seagraves to Jefferson County Drainage District No. 6; THENCE North 0 degree 51 minutes 24 seconds «Vest along said Common line a distance of 20.2 feet to the place of beginning and containing 0.135 acres of land. TRACT 4: Being a part of the Frank Seagraves. 2.932-acre tract of land out of the McAdams tract in the Charles Williams League in Jefferson County, Texas described as follows.- Being a part of those two certain tracts of land conveyed to Peter McAdams by Andrew J. Tevis by deed dated January 9, 1869. and June 28, 1870, and recorded in Vol. O. page 279 et seq, and in Vol. P, page 78 et seq. Of the Deed Records of Jefferson County, Texas and being that pan of the Frank Seagraves tract which lies south of Calder Avenue, the said Frank Seagraves tract being the remaining one-half of the tract of land conveyed to Frank Seagraves by Robert L. McAdams and wife. Millie McAdams, by deed dated September 25. 1929, recorded in Vol. 332. page 406, of the Deed Records of Jefferson County, Texas after the west one-half of said tract way conveyed by Frank Seagraves to Grover Seagraves by deed dated November 14. 1933. recorded in Vol. 382, page 268. of the Deed Recorded of Jefferson County. Texas. the tract herein conveyed being more particularly described as follows: BEGINNING at a galvanized iron pipe in the West line of the Collier 100-acre tract of land and at the Southeast corner of the Peter McAdams tract of land and the Southeast and BEGINNING corner of the tract of land herein conveyed; THENCE North. 89 degrees 40 minutes. West. 162.04 feet to a galvanized iron pipe for corner, said galvanized iron pipe also locating the Southeast corner of the Grover Seagraves tract of land; THENCE North. 0 decrees 19.5 minutes East, at 183.76 feet, along the south line of Calder Avenue for a corner. THENCE South. 84 degrees 56 minutes East, 162.62 feet, along the south line of Calder Avenue. to the third corner of the tract herein con -eyed; THENCE South. 0 degrees 19.5 minutes. west. 170.34 feet to the PLACE OF BEGINNING, being 0.658 acres. more or less. TRACT 5: BEING out of and a part of a tract of 17 2/10 acres of land in the Charles Williams League lying on the West line of a tract owned by S. Collier, and South of a tract owned by Peter McAdams. with the N.E. comer at the S.E. corner of McAdams tract, and described in the deed of partition between the heirs of Ellen Collier. as Lot No. One (1) of said partition and in the N.E. corner of said tract; BEGINNING at a stake at the N.E. comer of said land PLACE OF BEGIN'N'ING. THENCE South 282 94/100 feet. a comer and the N.E. corner of Lot No. Two(2): THENC -st 331 feet to stake for corner and the S.E. comer of Lot No. Eight (8); THENC rth 282 94/100 feet to the North line of said tract, a stake for corner; THENC ist on the North line of said tract 331 feet to the PLACE OF BEGINNING, containi o and one-eighth (2 1/8) acres of land. more or less, such property being described in that c i deed executed by A.J. Owens on Jule 31. 1905, and recorded in Volume 87, p. 271 of the Records of Jefferson County. Texas. to which reference is made for further descrip • 2 January 6,2004 Consider approving the renewal of a Management Agreement with Beaumont Council of Garden Clubs (BCGC) City of Beaumo nt Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: January 6, 2004 AGENDA MEMO DATE: December 23, 2003 REQUESTED ACTION: Council consider authorizing the City Manager to execute the renewal of a Management Agreement with Beaumont Council of Garden Clubs (BCGC). RECOMMENDATION Administration recommends authorizing the City Manager to execute the renewal of a five(5)year Management Agreement with BCGC,for maintaining and managing the botanical garden,garden council building, and Warren Loose Conservatory at the Tyrrell Park Garden Center. BACKGROUND The BCGC has occupied the Garden Center at Tyrrell Park since 1971. The City entered into a five (5) year Management Agreement with BCGC on February 1, 1999 in which BCGC would provide grounds maintenance of the gardens, and management of the newly-constructed Warren Loose Conservatory. It was agreed that BCGC would maintain and manage the premises as a botanical garden, garden council building, and conservatory open to the public for the education and promotion of horticultural activities. The City agreed to pay BCGC $1,000 per month for such services. At the request of BCGC, and in order to continue the community's commitment to education, beautification and the promotion of tourism,on October 3,2000,Council approved an amendment to the Agreement to increase the management fee payment for maintenance and operations of the facilities from $1,000 to $2,000 per month. The renewal agreement provides for the lease of the 7.74 acre garden property and an additional Renew Management Agreement—BCGC December 23,2003 Page 2 15.33 tract to the South. For management services provided,the City will pay the BCGC the sum of$2,000 per month, $24,000 annually, during the five-year agreement. The City is responsible for maintenance of the grounds and buildings during the term of the Agreement. BCGC provides the general liability insurance for the operations at the Center. Other terms of the agreement are substantially the same as in prior years. A copy of the new Management Agreement in its substantial form is attached for your review. BUDGETARY IMPACT The City agrees to pay$2,000 as a monthly management fee, or$24,000 annually, for the five- year term of the lease. Funds are available in the Parks & Property Maintenance Division's FY2004 operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Parks Manager and Central Services Director. C:`D...waM...d s.%.b wy Dowms wPDOCS�cw"arG.. Ck b.N,­I 2(a 9C(.0 d MANAGEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS,the City of Beaumont,a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "City," and the Beaumont Council of Garden Clubs, a Texas non-profit corporation domiciled in Jefferson County, Texas,hereinafter called"Garden Council," and WHEREAS, the parties recognize the mutual benefit to Garden Council and City derived from the existence of the Beaumont Botanical Gardens and the Warren Loose Conservatory on the grounds of Tyrrell Park, and WHEREAS, to that end, City and Garden Council agree as follows: WITNESSETH : Article 1. Description of Lease Premises For and in consideration of payment by City of the management fee hereinafter reserved to Garden Council and the performance by Garden Council of the covenants and agreements hereinafter contained to be performed by Garden Council, and in accordance with all of the provisions hereinafter set forth, City does hereby lease and let unto Garden Council,and Garden Council does hereby take and lease from City, the following described real property and premises (the "Leased Premises"): That certain land more fully described in Exhibit"A" attached hereto and made a part hereof by this reference,hereinafter called the"Land,"and the Garden Council,Warren Loose Conservatory and parking facilities, hereinafter called the"Building." Pagel of 11 Garden Council is also given the non-exclusiveght during the term of this Agreement to utilize the property described in Exhibit`B" for any purpose that has been approved in writing in advance by the City Manager of the City, or his designee. Article 2. Term of Agreement The term of this Agreement shall be for five(5)years commencing on February 1,2004 and terminating at 11:59 p.m. on January 31, 2009, if not sooner terminated as hereinafter provided. Article 3. Management Fee In consideration for Garden Council maintaining and managing the Leased Premises herein described, City shall pay to Garden Council the sum of Two Thousand Dollars ($2,000.00) per month,payable on the first day of each month during the term of this Agreement, commencing on February 1, 2004. Article 4. Use and Occupancy Garden Council shall use and occupy the Leased Premises as a botanical garden, Garden Council building and conservatory for the education and promotion of horticultural activities and related purposes during the full term of this Agreement. The grounds of the botanical gardens and conservatory shall be open to the public during normal hours of operations as shall be agreed to between the parties. Garden Council will comply with any and all laws,ordinances,rules,orders and regulations of any governmental authority which are applicable to Garden Council's operations in and on the Leased Premises. Garden Council further agrees that no part of said facility will be used for any unlawful purpose. Any use of the Leased Premises or property described in Exhibit`B"by Garden Council shall be in accordance with the Americans with Disabilities Act and any revision thereof. Page 1 of 11 City covenants that if,and so long as,Garden Council performs the covenants hereof,Garden Council shall peaceably and quietly have,hold and enjoy the Leased Premises for the term of this Agreement, subject to each and all of the covenants and provisions contained herein. Article 5. Alterations,Additions or Improvements Garden Council shall not,without first obtaining the written consent of the City Manager or his designee,make any alterations,additions or improvements to the Building or the land;provided, however,that such consent shall not be unreasonably withheld. Any work done by Garden Council to the Leased Premises or property described in Exhibit `B" shall be done in a good and workmanlike manner and without impairing the structural integrity of the Land or Building. Any alterations,additions or improvements made by Garden Council shall become the property of City at the termination of this Agreement. In the event improvements are contemplated or made to the property or grounds, the City may, at its sole discretion, assist the Garden Council by providing employees, equipment and/or materials as may be available at the time. All improvements shall be made in accordance with Garden Council's master plan. Article 6. Obligations of City and Garden Council Garden Council shall use the funds provided in Article 3 above to provide and maintain a clean and pleasant environment, free of any hazards, at all times. Garden Council shall pay all personal property taxes, if any, imposed on the equipment, inventory, fixtures and other personal property located on the Leased Premises. Garden Council should maintain such insurance as it deems appropriate to protect its personal property on the Leased Premises. Page 2 of 11 Garden Council shall, at its own expense,provide such competent help and personnel as it shall deem necessary for the safe operations and management of the facility. Any employee of the Garden Council shall be solely an employee of the Garden Council and shall not be considered an employee of City for any purpose. City shall be obligated and responsible for the following: a. Maintenance and repair of the interior and exterior walls,roof,foundation,doors and sidewalks of the Garden Council building; and b. Maintenance and repair of parking areas; and C. Maintenance and repair of electrical systems; and d. Maintenance and repair of air conditioning systems in the Garden Council building; and e. Maintenance services for lawn and turf areas described in Exhibit"A." Planting beds and garden areas shall be the responsibility of Garden Council; and f. Payment of electrical, gas, water utilities and telephone services, excluding long distance telephone service charges; and g. Maintenance and repair of the Warren Loose Conservatory's structural systems, including the replacement of windows; and h. Repair of Building's plumbing system, excluding services required to remove obstructions from sewer lines. All irrigation systems are the responsibility of Garden Council. All obligations which are not listed above shall be the responsibility of Garden Council. City shall, at its expense,maintain such casualty insurance covering the Leased Premises as Page 3 of 11 it deems appropriate to cover its interest thereon. Garden Council shall have no authority to incur any obligation on behalf of the City nor does City have any authority to incur any obligation on behalf of the Garden Council concerning the facility. This Management Agreement shall not be assignable in whole or in part by Garden Council or City without the written consent of the other party. Garden Council shall, at all times, keep the property of City free and clear of all liens, attachments, encumbrances or claims arising out of Garden Council's operations. Article 7. General Liability Insurance Garden Council shall provide general liability insurance in the minimum aggregate amount of One Million Dollars($1,000,000), such insurance naming City as an additional named insured, and provide City with a certificate of insurance evidencing such coverage. The insurance must additionally insure the indemnity required by this Agreement. Article 8. Damage to Leased Premises In the event the Leased Premises are partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, Garden Council shall give immediate notice to City. City may repair the damage and restore the Leased Premises to substantially the same condition as immediately prior to the occurrence of the casualty. Garden Council shall allow City a fair reduction of the management fee during the time the Leased Premises are partially unfit for occupancy. If the Leased Premises are totally destroyed or deemed by the City to be rendered unfit for occupancy by fire or other casualty, or if City shall decide not to repair or rebuild, this management Agreement shall terminate and the management fee shall be paid to the time of such casualty. Page 4 of 11 Article 9. Default In the event either party defaults in the performance of any of its obligations under this Agreement,and such default continues uncorrected for thirty(3 0)days after written notice from the other party of the particular default, said notice being given by certified mail, return receipt requested,addressed to the defaulting party at its address as hereinafter set forth,thereupon, at the sole election of the non-defaulting party,this Agreement may be terminated. City shall have a right of re-entry and operation of the facility upon any termination. Article 10. Indemnification Garden Council shall indemnify and hold City harmless from any and all liabilities, claims,damages,judgments,injuries,costs,and expenses,including reasonable attorney's fees for the defense thereof,arising from the conduct or management of Garden Council's business or its use of the Leased Premises. Article 11. Non-Appropriation of Funds Notwithstanding anything contained in this Agreement to the contrary,in the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for management payments due under this Agreement, City will immediately notify Garden Council in writing of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to City. If both the City and Garden Council wish to continue the Agreement without payment of any management fees, and it is agreed to by both parties in writing, the Agreement will continue in accordance with the terms and conditions as stated herein. Article 12. Miscellaneous Provisions Page 5 of 11 All notices required to be given hereunder by City to Garden Council shall be in writing and delivered by certified mail, return receipt requested, and addressed to Garden Council as follows: Beaumont Council of Garden Clubs 6088 Babe Zaharias Dr. Beaumont,TX 77705 All notices required to be given by Garden Council to City shall be similarly given,addressed to City as follows: City Manager City of Beaumont P. O. Box 3827 Beaumont,TX 77704 provided that either party may, by notice in writing to the other, designate any additional or alternative address to which such notices shall be given. If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable,but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and epforced as so limited. This document contains the entire Agreement of the parties and there are no other promises or conditions in any other agreement,whether oral or written. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. This Agreement shall be deemed to be made and shall be performable in Jefferson County, Texas and shall be construed in accordance with the laws of the State of Texas. Page 6 of 11 IN WITNESS WHEREOF, the parties herets have executed this Agreement on the day of , 2004. BEAUMONT COUNCIL OF GARDEN CLUBS CITY OF BEAUMONT By: By: Bea Klages, President Kyle Hayes, City Manager Page 7 of 11 Exhibit"A" TRACT A BEING a 7.744 acre tract of land in Tyrrell Park; BEGINNING at a 3/4"iron rod set for the Northwesterly corner of the herein described tract,to-wit; THENCE North 88 degrees 15 minutes 20 seconds East for a distance of 125.38 feet to a fence corner; THENCE North 88 degrees 50 minutes 27 seconds East for a distance of 249.39 feet to a fence corner; THENCE North 46 degrees 32 minutes 13 seconds East for a distance of 236.8 feet to a fence corner; THENCE North 61 degrees 53 minutes 35 seconds East for a distance of 89.05 feet to a fence corner; THENCE North 68 degrees 12 minutes 12 seconds East for a distance of 233.74 feet to a fence corner; THENCE South 30 degrees 30 minutes 29 seconds East for a distance of 172.4 feet to a fence corner; THENCE South 45 degrees 26 minutes 00 seconds West for a distance of 281.45 feet to a fence corner; THENCE South 06 degrees 09 minutes 37 seconds West for a distance of 176.99 feet to a fence corner; THENCE South 66 degrees 24 minutes 56 seconds West for a distance of 168.37 feet to a fence corner; THENCE South 87 degrees 32 minutes 09 seconds West for a distance of 61.0 feet to a fence corner; THENCE South 45 degrees 55 minutes 30 seconds West for a distance of 161.61 feet to a fence corner; THENCE South 31 degrees 14 minutes 50 seconds West for a distance of 134.53 feet to a 3/4"iron rod; THENCE North 42 degrees 23 minutes 01 seconds West for a distance of 376.74 feet to a spike nail; THENCE North 24 degrees 58 minutes 28 seconds West for a distance of 181.42 feet to a 3/4" iron rod; Page 8 of 11 THENCE North 15 degrees 48 minutes 35 seconds East for a distance of 79.18 feet to a 3/4" iron rod and the PLACE OF BEGINNING,containing 7.744 acres of land, more or less. Page 9 of 11 Exhibit`B" TRACT B BEING a 15.336 acre tract of land in Tyrrell Park; BEGINNING at a 3/4"iron rod set for the Northwesterly corner of the herein described tract,to-wit; THENCE North 31 degrees 14 minutes 50 seconds East for a distance of 134.53 feet to a fence corner; THENCE North 45 degrees 55 minutes 30 seconds East for a distance of 161.61 feet to a fence corner; THENCE North 87 degrees 32 minutes 09 seconds East for a distance of 61.0 feet to a fence corner; THENCE North 66 degrees 24 minutes 56 seconds East for a distance of 168.37 feet to a fence corner; THENCE North 06 degrees 09 minutes 37 seconds East for a distance of 176.99 feet to a fence corner; THENCE North 45 degrees 76 minutes 00 seconds East for a distance of 281.45 feet to a fence corner; THENCE North 30 degrees 30 minutes 29 seconds West for a distance of 172.40 feet to a fence corner; THENCE North 44 degrees 45 minutes 59 seconds East for a distance of 63.21 feet to a 3/4" iron rod; THENCE South 19 degrees 84 minutes 58 seconds East for a distance of 350.44 feet to a 3/4" iron rod; THENCE South 28 degrees 12 minutes 35 seconds East for a distance of 413.3 feet to a 3/4" iron rod; THENCE South 24 degrees 33 minutes 43 seconds West for a distance of 85.05 feet to a 3/4" iron rod; THENCE South 01 degrees 46 minutes 35 seconds West for a distance of 521.04 feet to a 3/4" iron rod; THENCE South 07 degrees 06 minutes 03 seconds East for a distance of 667.91 feet to a 3/4" iron Page 10 of 11 rod; THENCE South 74 degrees 41 minutes 23 seconds West for a distance of 39.58 feet to a 3/4" iron rod; THENCE North 21 degrees 15 minutes 48 seconds West for a distance of 221.83 feet to a 3/4" iron rod; THENCE North 29 degrees 45 minutes 48 seconds West for a distance of 225.33 feet to a 3/4" iron rod; THENCE North 33 degrees 19 minutes 18 seconds West for a distance of 168.08 feet to a 3/4"iron rod; THENCE North 37 degrees 06 minutes 14 seconds West for a distance of 256.86 feet to a 3/4"iron rod; THENCE North 49 degrees 50 minutes 46 seconds West for a distance of 353.95 feet to a 3/4"iron rod; THENCE North 58 degrees 29 minutes 26 seconds West for a distance of 237.4 feet to a 3/4" iron rod and the PLACE OF BEGINNING, containing 15.336 acres of land, more or less. 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' '4•!k a:,.r to k..::e ''"F ' s °!" ,s 's `. +:' a'`. ?`k �,3,�.a1 "`� bw. i Toy! ,t, +• `�,�' y�r�,., Y",° � Y�P��.d�« x �.r,�ey.4,, gyp;:^�•+«+ '°D F « �;n 'ad.y' �� �°�*�, �" $' t! �!'= ��- °"`,_�i' v�" ;>r�^. t 3..(.. �$,m 1��:�4> .,�rffi ...r3i .. •1'°w,_ �� '���r� ► °.f'«L.'�� +ry° • 3 January 6,2004 Consider approving a grounds maintenance contract for Tyrrell Park City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: January 6, 2004 AGENDA MEMO DATE: December 16, 2003 REQUESTED ACTION: Council consider award of a grounds maintenance contract. RECOMMENDATION Administration recommends the award of a three(3)year contract,with an effective date ofFebruary 1, 2004,to Perfect Cut Lawn Care of Beaumont to provide grounds maintenance services at Tyrrell Park. BACKGROUND Seven(7)companies submitted bids on Thursday, December 11, 2003, for a three(3)year contract to provide grounds maintenance services at Tyrrell Park. Areas to be maintained include the right-of- way on Tyrrell Park Road, the lawn area within the Tyrrell Park Garden Center, the area enclosed by Babe Zaharias Drive and the area surrounding the Tyrrell Park Stables. This contract does not include the Henry Homberg Golf Course,Wetlands,or horticultural maintenance at the Tyrrell Park Garden Club. Grounds maintenance at the 125 acre park includes weekly mowing,sweeping,edging and daily litter removal from the park during the growing season (March 1 through November 30). The non- growing season(December 1 through February 28)requires bi-weekly mowing,edging and sweeping of the grounds. Daily litter removal is required throughout the year. The contract was divided into three (3) sections and bidders were instructed to submit quotes per each section. The size of the park along with its propensity to retain water were the main factors in the decision to request a price per section. This provides a means for the City to pay the Contractor for work completed. The Contractor is required to complete a section and have it approved by an inspector prior to beginning another section. A separate price for daily litter removal was also requested. Contract for Tyrrell Park December 16, 2003 Page 2 The prices received are as follow: Contractor Park Area I Park Area II Park Area III Litter Est. Annual Removal Cost Perfect Cut Lawn $326.63/cut $326.63/cut $326.63/cut $100.00/wk $52,234.72 Care Sandra's $425.00/cut $425.00/cut $425.00/cut $105.00/wk $66,660.00 Enterprises Garden of $369.00/cut $339.00/cut $600.00/cut $96.00/wk $67,776.00 Gethsemane Lightfoot $260.00/cut $525.00/cut $500.00/cut $140.00/wk $68,960.00 Enterprises,Inc. Tomahawk Lawn $322.73/cut $322.73/cut $322.73/cut $775.67/wk $86,807.96 Service Bourque's Oilfield $840.00/cut $620.00/cut $1,440.00/cut $525.00/wk $166,500.00 Services Spindletop WHAR $842.80/cut $842.80/cut $842.80/cut $1,426.57/wk $195,544.84 The Contractor is required to maintain the grounds surrounding the Tyrrell Park Horse Stables until October 2004. At that time, the Stable contractor will be responsible for grounds maintenance. A reduction in price was requested from each bidder for the removal of these grounds from the appropriate section. The apparent low bid submitted by Perfect Cut Lawn Care provides for a reduction of$65 per cutting cycle from Park Area H after October 2004. A mandatory pre-bid conference was conducted on December 4, 2003 to discuss the specifications and allow bidders to inspect the site. A representative from Perfect Cut Lawn Care attended the pre- bid conference. In addition, Perfect Cut Lawn Care maintains the grounds at Fair Park, the Elmo Willard Library and the Theodore Johns Library. Based on the frequency of scheduled cuttings,there will be approximately 48 mowing cycles or cuts per year. The Parks and Property Services Division is responsible for managing and monitoring contract performance. The Parks.Manager, at his discretion, may reduce the number of mowing cycles if funding becomes unavailable or weather prohibits Contractor from operating mowing equipment on the grounds. The current contract price is $65,685 annually. Maintenance of Tyrrell Park has been outsourced since 1989. Contract for Tyrrell Park , December 16, 2003 Page 3 The contract term is three(3)years with annual percentage increases based on the consumer price index for all Urban Consumers(CPI-U). A contract termination provision is included should funds not be allocated in future budget years. BUDGETARY IMPACT The estimated annual cost is $52,234.72. Funds are available in the Parks and Property Services Division's budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. C:\Eddi. ELL PARKMOWING.dwg,Layoutl,12/08/2003 08:38:22 AM i I I I I i II d II TIRRELL !Q - -5 _ I pARK ''� ;can c G3 Tr, ELL PARK LL rs` / \\ 3AIAu > :ESL 'Sly f 1 n n n n •� O O O O z z z z D II l City,, of Bemurnont REGULAR ME2 7L 1NG OF 71111 CITY COUNCIL COUNCIL CHAMBERS JAs UARY 6, 2004 a-30 Polo CONSENT AGENDA Approval of minutes Confirffnati®n of c®nmittee appointments A) Approve signatories for the new Workers Compensation Account B) Approve the acceptance of a;fifteen foot(15°) wide drainage easement out of the Washingt®n West Addition A City of ]Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: January 6, 2004 AGENDA MEMO DATE: December 31, 2003 REQUESTED ACTION: Council consider a resolution requesting signatories for the new Workers Compensation Account No. 3620022658 at Hibernia National Bank. RECOMMENDATION The administration requests approval of Paulo Garcia, Wanda Browning and Joyce Miller(AS&G employees) and Kyle Hayes, Max S. Duplant and Kandy Daniel (City employees) as authorized signatories on the above listed account. Signatories on all other City of Beaumont accounts for banking or investment purposes shall remain unchanged. BACKGROUND AS&G Claims Administration, Inc is the new administrator for the City's workers' compensation claims. Claims will be paid from the City of Beaumont Account No. 3620022658 which was set up at Hibernia National Bank. Both AS&G employees and City employees are authorized to sign on the account. BUDGETARY IMPACT None. PREVIOUS ACTION City Council approved AS&G as the City's new workers compensation claims administrator on 12/22/03. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. B P.. 'City of Beaumont Council Agenda Item A ° W g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: January 6, 2004 AGENDA MEMO DATE: December 29, 2003 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a fifteen foot (15') wide drainage easement out of the Washington West Addition. RECOMMENDATION Terrence Leon Holmes and his wife Tammy Holmes have agreed to convey a fifteen foot (15') wide drainage easement to the City of Beaumont. The easement, out of the Washington West Addition, is described as being 0.07 acres of land out of Lots 3 and 4, Block 7, Washington West, Unit One (9730 Arkansas). Administration recommends acceptance of the easement. BACKGROUND The drainage easement is to accommodate the relocation of an eighteen inch (18") storm sewer line. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. \engdrainage holmes-ib.wpd 29 December 2003 SUBJECT f, 15' DRAINAGE EASEMENT ` „,DES LANDiS > SP 90 4zi AURA 0.07 ACRES RD ANNA F GLY� OUT O('C LAY BLAyLOCK LOTS 3 AND 4, BLOCK 7 JENNIFER Y a INT V WASHINGTON WEST, UNIT ONE SHADY �. BA15 , J On W W 1" A LON < S oz >iNISS SSIP - jJ a D j x AN c INGBIRD c MONICA (9730 ARKANSAS) LNVA` AL W BAKER u c s HUN CASEY JONES OWNER: TERRENCE AND TAMMY HOLMES J FEUxa L❑CATI❑N MAP LEGEND N.T.S. ® SUBJECT PROPERTY WASHINGTON BOULEVARD EAST 75.00' (80' R.O.W.) s Z sy LOT 2 B F m I•� 2�\ 0P. 10' U.E. ( LOT 3 X ` 0 I /� r � ' M ARKANSAS (40' R.O.W.) N I � o I \� 2 Z o o U3Z 4 2rc�� LOT _ W 3 � I in�eDN O r � Z o° I 95.00' � LOT 5 ti o I ,7a o c i WESF 75.00' — - - - - - - - LOT 5 N.T.S.