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HomeMy WebLinkAboutPACKET FEB 01 2011 (02)RICK WIT6 OPPORTUNITY BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 1, 2011 1:30 P.M. CONSENT AGENDA * Approval of minutes — January 25, 2011 * Confirmation of committee appointments Ava Graves would be appointed to the Convention and Tourism Advisory Committee. The term would commence February 1, 2011 and expire January 31, 2013. (Councilmember Jamie D. Smith A) Authorize the acquisition of property (5680 Concord Road) for the Concord Road Project B) Authorize eminent domain proceedings to acquire properties for the Concord Road Pavement Widening Project C) Authorize the acquisition of property (5680 Concord Road) for the Concord Road Project D) Approve the purchase of a tractor -loader for use by the Parks and Recreation Department E) Approve a contract for the purchase of wastewater treatment polymer F) Approve a change order related to the ML King Jr. Parkway Waterline Extension Project G) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Regent II, Phase II Subdivision H) Authorize the acceptance of a Water Line Easement to provide water and fire protection services for Sallie Curtis Elementary School located at 6225 North Circuit Drive I) Authorize the appeal of the lawsuit Erik Kvarme, et al v. The City of Beaumont, Texas, et al J) Authorize the settlement of the claim of Christy Morgan K) Authorize the settlement of the claim of Tyesha Hope RICH WITH OPPORTUNITY r I CI T• E• X A S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director Pb MEETING DATE: February 1, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-three (63) parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey his property to the City: Parcel #38 0.0233 acre out F. Bigner Survey Abstract No. 1 (5680 Concord Road) Value: $71,000.00 Owner: W.H. Watkins, Jr. The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARY IMPACT Funds are available in the Capital Program. C_7 RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto, for the Concord Road Pavement Widening Project: Parcel #38: 0.0233 acre out of F. Bigner Survey Abstract No. 1 (5680 Concord Road) Value: $71,000.00 Owner: W.H. Watkins, Jr. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, That the purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, W. H. WATKINS, JR. a/k/a WILLIAM H. WATKINS, JR., of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of SEVENTY-ONE THOUSAND AND NO/100 ($71,000.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of W. H. WATKINS, JR. STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the by W. H. WATKINS, JR.. RETURN TO: City of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 2011. day of , 2011, Notary Public, State of Texas April 2009 Parcel 38 Page 1 of 5 EXHIBIT _ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 38 Being a 0.0233 acre (1,015 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 1.283 acre tract of land having been conveyed to W. H. Watkins, Jr., B. R. Casey, and J. E. Dollinger from Concord Apartments by deed dated October 26, 1999 and being recorded under Clerk's File No. 1999041166 of the Real Property records of Jefferson County, Texas, said 0.0233 (1,015 square feet) acre of land being more particularly described as follows; COMMENCING at a 3/8" iron rod in concrete found for the Northwest corner of the remainder of that certain called 2.331 acre tract of land having been conveyed to W. H. Watkins, Jr. and Billy Ray Casey from Bill L Holland, Jr. James R. Smith and Ronald Beddingfield, Trustee by deed dated February 14, 1977 and being recorded under Volume 1982 Page 183 Deed Records of Jefferson County, Texas and for the Northeast corner of that certain called 0.646 acre tract of land having been conveyed to Javed Group Real Estate, L.L.C. from Mohammad S. Javed, also known as Mohammad s. Ali by deed dated September 29, 1999 and being recorded under Clerk's File No. 1999037675 of the Real Property records of Jefferson County, Texas; THENCE, SOUTH 03°50'27" EAST, along the East line of the said 0.646 acre Javed Group Real Estate tract and the West line of the remainder of the said 2.331 acre Watkins et al tract for a distance of 251.23 feet a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right- of-way of Concord Road; THENCE, SOUTH 62°0358" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 101.86 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right- of-way of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 970.00 feet and being subtended by a chord bearing SOUTH 63025'05" EAST having a chord length of 45.78 feet; April 2009 Parcel 38 Page 2 of 5 EXHIBIT — 1) THENCE, SOUTHEASTERLY, along said curve for an arc length of 45.78 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeast right-of-way of Concord Road, and the POINT OF BEGINNING of the parcel herein described, said corner being in the East line of the remainder of the said 2.331 acre Watkins et al tract and also being in the West line of the 1.283 acre Watkins et al tract, said corner also being the beginning of a curve turning to the left having a radius of 970.00 feet and being subtended by a chord bearing SOUTH 70°14'06" EAST having a chord length of 184.75 feet; 2) THENCE, SOUTHEASTERLY, along said curve for an are length of 185.03 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road, said corner being in the East line of the said 1.283 acre Watkins et al tract and being in the West line of that certain called 3.9059 acre tract of land having been conveyed to Land Manor, Inc. from Mohammad A. Swati by deed dated March 10, 1994 and being recorded under Clerk's File No. 94-9407991 of the Real Property records of Jefferson County, Texas; 3) THENCE, SOUTH 03°01'04" EAST, along the East line of the said 1.283 acre Watkins et al tract and the West line of the said 3.9059 acre Lang Manor, Inc. tract for a distance of 4.58 feet to a point for corner in the existing Northeast right-of-way line of Concord Road, said corner being the most Southeasterly corner of the said 1.283 acre Watkins et al tract and the Southwesterly corner of the said 3.9059 acre Land Manor, Inc. tract, and from said corner a 2" iron pipe bears SOUTH 03001'04" EAST for a distance of 2.12 feet, said corner also being the beginning of a curve turning to the right having a radius of 1115.92 feet and being subtended by a chord bearing NORTH 71018'38" WEST having a chord length of 183.29 feet; 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 183.50 feet to a point for corner in the existing Northeast right-of-way of Concord Road, said point being the Southeast corner of the remainder of the said 2.331 acre Watkins et al tract and being the Southwest corner of the said 1.283 acre Watkins et al tract; 5) THENCE, NORTH 03018'25" WEST, along the East line of the remainder of the said 2.331 acre Watkins et al tract and the West line of the said 1.283 acre Watkins et al tract for a distance of 8.33 feet to the POINT OF BEGINNING and containing 0.0233 acre (1,015 square feet) of land. April 2009 Parcel 38 Page 3 of 5 EXHIBIT A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE S DAY OF April 2009. OF Q• r R`r�4�(j7`ti W. WHITELFY,. Mark W. Whiteley, RPLS #3636 �0 3536�P»�4 9�'•. LEGEND ■ SET 5/8' 1. R, WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXD❑T CONTROL MONUMENT xx PARCEL NUMBER O FND PROPERTY CORNER AS NOTED POWER POLE F. BIGNER SURVEY ABSTRACT NO. I PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE SURVEY LINE COUNTY LINE P.O.0 PARCEL 38 FND. 3/8" I. ROD IN CONC. REMAINDER OF CALLED 2.331 ACRES CALLED 1.283 ACRES W. H. WATKINS JR. et al W. H. WATKINS JR. et of FEBRUARY 14, 1977 OCTOBER 26 1999 \ VOL. 1982,G. 183 CF NO.OPR C 04116 DRJC r P.O. B. ARCEL 38 CALLED 3.9059 ACRES MMAARFCH 1g0 1g INC. CF N(). OPRJ99 07991 CONCORD ROAD PARENT TRACT N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. -%1 ' C." �' 't1 std t+• MARK W. WHITELEY� D AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS m P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 EXHIBIT "B" EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES 1. 283 PARCEL 38, 1. 2597 0. 0233/( 1015) MARK W. WHITELEY� D AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS m P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 EXHIBIT "B" EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES 1. 283 PARCEL 38, 1. 2597 0. 0233/( 1015) „0„ 1181HX3 c w_ z o Ou ~ \ m \ N M CuCU N J (� O a W Ln mCU O o Q Q CO LLJ z rn p � oD GN EO w cu _ O �} LL - 00o i 1 QODC���� Wcn U` o ��� rnQ rnw F o oCJ��O�� z f--� � z ��oLn 1 �� CD 0 UJZ< 04�-iuQ T U w U U ¢O o� W 01 � Z o N 1.�� n/ C)LLJ c- m o o ti� J z 5000°' 10� F” ��/ v ccn 50. 0 cv 00 U O � ` I 00 Ln H W z N CD / M d: � !� J l J J J / �_ CD + O U� 00 Q c2�� .--, m U _ _ M c0 m C-) ()] CD 9f'6Z Q 00 �zNp�j� I Q N U7 U-) 0 ALLI CD U) DO O O O O LLJ J ~ Nt O a =oma 00 cy- U — CL C� J Z \ Q W W LLJ Ln (D l OJ��O 1 U m O O t) t cj� N ��b ti� 6S'6S+ti81 o ;q o Id 0coNz w 15$.26, X50 0 51 V 4 4 „w 15x.26 o z � S 1� 5 Ld o w w� r- CO O /� d � oo � N O��r7 C Q CG d O c0 2 ui 00 m N U d o'�w� � w r7 cn u cn Ori Z N� 00 Z 00 C-) D7 0 Mi Q ctco �L�'mJ Q -Ln z W� a\Zu_LJCDJ�oa USO ��� Z ¢ L6 w 0 19) o CD 00 CY) LLj o �rnrn� zch� W �� �v�n RICH WITH OPPORTUNITY r I T E X• A• S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director Pb MEETING DATE: February 1, 2011 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire properties for the Concord Road Pavement Widening Project. RECOMMENDATION The property owners listed below have refused to accept the appraised value for their property. All properties were appraised by Bishop Real Estate Appraisers: 1) 0.0008 acre situated in F. Bigner Survey, Abstract No. 1 Address: 6060 Concord (Parcel 51) Owner: Richard E. Bonura Appraised Value: $500.00 2) 0.1585 acre situated in F. Bigner Survey, Abstract No. 1 Address: Concord Road & Dowlen Road (Parcel 52) Owner: Richard E. Bonura Appraised Value: $60,500.00 3) 0.0477 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5525 Concord (Parcel 30) Owner: Jonathon W. & Barbette E. Finch Appraised Value: $2,000.00 4) 0.0154 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5768 Concord (Parcel 45) Owner: Jose T. Gonzales Appraised Value: $2,200.00 Administration requests authorization to acquire the above properties by eminent domain. The acquisition of the above properties are recommended for approval by the City Manager and Public Works Director. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-three (63) parcels of land from East Lucas to Highway 105 need to be acquired. BUDGETARY IMPACT Funds are available in the Capital Program. 1� RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont deems it necessary that the properties described below be acquired for the Concord Road Pavement Widening Project; and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described properties: ; and, 0.0008 acre situated in F. Bigner Survey, Abstract No. 1 Address: 6060 Concord Parcel No.: #51 Appraised Value: $500.00 Owner: Richard E. Bonura 0.1585 acre situated in F. Bigner Survey, Abstract No. 1 Address: Concord Road & Dowlen Road Parcel No.: #52 Appraised Value: $60,500.00 Owner: Richard E. Bonura 0.0477 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5525 Concord Parcel No.: #30 Appraised Value: $2,000.00 Owners: Jonathon W. & Barbette E. Finch 0.0154 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5768 Concord Parcel No.: #45 Appraised Value: $2,200.00 Owner: Jose T. Gonzales WHEREAS, the City Council deems it necessary to acquire the hereinafter described interests in and to the above described properties for the Concord Road Pavement Widening Project and has found and determined that said interests in and to the above described land is suited for such purposes and that it is necessary to acquire same for said purposes; and, WHEREAS, the City of Beaumont, through its duly authorized representatives, has negotiated in good faith with the owners of the hereinafter above described land and has been unable to agree with the owners of such property as to the fair market value thereof and damages, if any, and further negotiations for settlement have become futile and impossible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Attorney be and he is hereby authorized and directed to file or cause to be filed against all owners of the above described parcels of land, and all claimants of any interest therein, proceedings in Eminent Domain to acquire fee simple title for said purposes, in and to the said parcels of land shown in Exhibit "A," attached hereto and made a part hereof, the parcels of land being situated in Beaumont, Jefferson County, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - March 2009 Parcel 51 Page 1 of 4 EXHIBIT — County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 51 Being a 0.0008 acre (34 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 0.38 acre tract of land having been conveyed to Richard E. Bonura and wife, Frances Bonura from Roy J. Worthy and wife, Aline Worthy, by deed dated March 3, 1966 and being recorded under Volume 1458 Page 111, of the Deed records of Jefferson. County, Texas, said 0.0008 (34 square feet) acre of land being more particularly described as follows; COMMENCING a 2" iron pipe found for the Northeasterly corner of the said 0.38 acre Bonura tract and the most Northwesterly comer of that certain called 0.9977 acre tract of land having been conveyed to J C Modica from Jennifer Hamilton Bryan, by deed dated January 15, 2001 and being recorded under Clerk's File No. 2001002677 of the Real Property records of Jefferson County, Texas; THENCE, SOUTH 14052'14" WEST, along the East line of the said 0.38 acre Bonura tract and the West line of the said 0.9977 acre Modica tract for a distance of 214.04 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 14°52'14" WEST, continuing along the East line of the said 0.38 acre Bonura tract and the West line of the said 0.9977 acre J C Modica tract for a distance of 2.30 feet to a point for comer, said comer being the most Southerly corner of the said 0.38 acre Bonura tract and the most Southwesterly corner of the said 0.9977 acre Modica tract, also said point being in the existing Northeast right- of-way line of Concord Road; 2) THENCE, NORTH 52°18'17" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 33.31 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road, said comer also being the beginning of a curve turning to the left having a radius of 2354.00 feet and being subtended by a chord bearing SOUTH 56°02'47" EAST having a chord length of 32.49 feet; 3) THENCE, SOUTHEASTERLY, along said curve for an arc length of 32.49 feet to the POINT OF BEGINNING and containing 0.0008 acre (34 square feet) of land. EXHIBIT "A" March 2009 Parcel 51 Page 2of4 EXHIBIT A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and comers are truly shown just as found at the time of the survey. Surveyed January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE IS DAY OF March 2009. I LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT 0 PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED 0 POWER POLE PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE THOMAS SPEAR SURVEY ABSTRACT NO. 50 SURVEY LINE / COUNTY LINE A /F. BIGNER SURVEY ABSTRACT N0. 1 '.0. C PARCEL 51 FND. 2" I. PIPE CALLED 0.38 ACRES \ -LARD E. BONURA, et ux MARCH 3, 1966 VOL. 1458, PG. 111 DRJC CALLED 0.9977 ACRES J C MODICA JANUARY 15, 2001 CF NO. 2001002677 OPRJC CONCORD ROAD PARENT TRACT N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. MARK W. WHITELEY AND ASSOCIATES INCORPORATED rNSULTING ENGINEERS, RVEYORS, AND PLANNERS P. 0. BOX 5492 3250 EASTEX FRWY. I BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 P.O.B. RCEL 51 EXISTING TAKING REMAINING ACRES ACRES/(S.F) ACRES 0.38 PARCEL 51, 0.0008/(34) 0. 3792 PARCEL PLAT SHOWING PARCEL 51 CONCORD ROAD JEFFERSON COUNTY SCALE 1 " = 50' MARCH 2009 SHEET 3 OF 4 W J CD z -- Q N Q t� W O 00 U z_ < wW � m411- Q N (y O O�o = Lo Ul (n CD z W J H U z LU J 0 c) N Q� 0 cn o D 4 E LnQ � N Wj >i Iz DIS u U LO 0 , co + _ O rn o cy) O (D N 00 O Q ao.-r�jcNo N Zi (n C)00 CD O aQCkfF--J o O U) U � cfl QQNC) U ^cD LCj-U rn(:D -ocj:� OUaNa O Q LLJ J a U �U .s 0i m CO rO CU o a O CD �t N J Q Q 6 •-- U z :D H o0 0 Ln E, Z O o r� LO �- O Ln 0-13 + + CDzz O Z W CD 1,6 w _ K'Zt�+ZOZ Od z i cu I. J Q Q 6 07 0 � of z :D O N O U 0 • 2 92'6-V+LOZ id J W 07 0 _ z :D O N O U = U E, Z O � Q r� LO �- o L C7 L O Z W � w0U UVB w _ K'Zt�+ZOZ Od z C) c O U z O W J N U 92'6-V+LOZ id J W O _ Z Q N (n K'Zt�+ZOZ Od z m rt- N cn z N N O .} O N . ') O tD OOOQ-)�tO II 00. -ANN W Ln N r.0 r -it O II II s II J J J d cx� June 2009 Parcel 52 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 52 Being a 0.1585 acre (6,906 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 0.75 acre tract of land, also being identified as Tract No. 1, having been conveyed to Richard E. Bonura from D. R. Barry by deed dated May 10, 1960 and being recorded under Volume 1213 Page 89 of the Deed Records of Jefferson County, Texas, said 0.1585 (6,906 square feet) acre of land being more particularly described as follows; COMMENCING at a 5/8" iron rod found for a Southeasterly exterior ell corner of that certain tract of land having been conveyed to New Hope Primitive Baptist Church of Beaumont, Texas from N. M. Harris by deed dated September 18, 1930 and being recorded under Volume 348 Page 444 of the Deed Records of Jefferson County, Texas, and a interior ell corner of the said 0.75 acre Bonura tract, said point also being in the Northeasterly line of the abandoned T&NO RR right-of-way; THENCE, NORTH 02°26'03" WEST along the boundary line between the said New Hope Primitive Baptist Church of Beaumont, Texas tract and the said 0.75 acre Bonura tract for a distance of 190.21 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 02°26'03" WEST continuing along the boundary line between the said New Hope Primitive Baptist Church of Beaumont, Texas tract and the said 0.75 acre Bonura tract for a distance of 47.44 feet to a 1 1/2" iron pipe found for corner in the existing Southwest right-of-way line of Concord Road, said point being the Northeast corner of the said New Hope Primitive Baptist Church of Beaumont tract and also being the Northwest corner of the said 0.75 acre Bonura tract; 2) THENCE, SOUTH 52018'17" EAST along the existing Southwest right-of-way of Concord Road for a distance of 167.10 feet to a point for comer in the existing Southwest right-of-way line of Concord Road, said corner also being in the Northwest right-of-way line of Dowlen Road, which was conveyed as that certain called 0.581 acre tract of land having been conveyed to The City of Beaumont from Richard E. Bonura by deed dated August 1, 1977 and being recorded under Volume 2015 Page 453 of the Deed Records of Jefferson County, Texas, and from said point a 3/8" iron rod found in concrete bears SOUTH 07000'00" EAST a distance of 1.40 feet; June 2009 Parcel 52 Page 2 of 4 EXHIBIT 3) THENCE, SOUTH 07°00'00" EAST, along the Northwest right-of-way line of Dowlen Road and the said 0.581 acre The City of Beaumont tract for a distance of 36.92 feet to a 4" concrete monument found for corner; 4) THENCE, SOUTH 38°25'33" WEST, continuing along the Northwest right-of-way line of Dowlen Road and the said 0.581 acre The City of Beaumont tract for a distance of 51.38 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road; 5) THENCE, NORTH 1001019" WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 66.59 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right- of-way line of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 2446.00 feet and being subtended by a chord bearing NORTH 54017'05" WEST having a chord length of 75.77 feet; 6) THENCE NORTHWESTERLY, along and with said curve for an arc length of 75.77 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road; 7) THENCE, NORTH 5302349" WEST,along the proposed Southwest right-of-way line of Concord Road for a distance of 36.74 feet to the POINT OF BEGINNING and containing 0.1585 acre (6,906 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and comers are truly shown just as found at the time of the survey. Surveyed February 2009 41 GIVEN UNDER MY HAND AND SEAL THIS THE' rDAY OF JUNE 2009. J LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT Q PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE PARENT TRACT EXISTING ROW LINE N.T.S. PROPERTY LINE - - SURVEY LINE CONCORDROAD COUNTY LINE -P.O.B. - PARCEL 52 BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES 1N THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-B929421 (FAX) 409-892-1346 EXISTING CALLED 0.75 ACRES REMAINING ACRES TRACT NO. 1 ACRES NEW NOPE PRIMITIVE RICHARD E BONURA p BAPTIST CHURCH MAY 10, 1960 p SEPTEMBER 18, 1930 VOL 1213 PC 89 DRJC \VOL G 444 v W a F DRJC N% _ N R�,V �^ h OF \ ���� o QJ�� 1 m \V P.O.0 PARCEL 52 FNO. 5/8" 1. ROD �p C �vQti c,z z F. BIGNER SURVEY ABSTRACT NO. 1 BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES 1N THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-B929421 (FAX) 409-892-1346 EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES 0. 75 PARCEL 52, 0.1585/(6906) 0.5915 fgS . jraa Od SlOz 1NO ZfL61 1 )p� cc wOV38 Is��,�b NM S3dOb 18s p Q31)b�l C-) + Ln Z CD C:) M �z N �6�ti M„ffSZ„ X10 ` sh� O O O N Un J Ln ro CD "p Q O �y m 0 'JH ,,D o C o V) � USC) Qom�� Lr) Z -MU W p Of OQOr'�LLJo 0 Q U V) -) F-- U7 WQZMLn Or-ZC:)m O Q = U cr- t1) Z W LnLLJ U MLCD r VI �Of Q�XOwOo W co W L'i ~ Y 0 o �J WZU7 Q�mO U 0 M >_LLJ CF)� U Q_ �- LLJ C:) m wma0 Z W C/) I z w O �- :D 0 v w�m Ao- z 0 c 1/I11' W I- o LLJW LL - W U z 0 U p • z `Yi �(10� 0 ly- oW CD: . O U Z O _o / � U co 00 Ln +- o. �- rnrnCD0-) rndI ? / \ rn o ID011 J O, -N^- II �Oo? NM Q O M O N / U)ON�M II O II II II II � II p._a�F--JUo � U fgS . jraa Od SlOz 1NO ZfL61 1 )p� cc wOV38 Is��,�b NM S3dOb 18s p Q31)b�l C-) + Ln Z CD C:) M �z N �6�ti M„ffSZ„ X10 ` sh� O O O N Un J Ln ro CD "p Q O �y m 0 'JH ,,D o C o V) � USC) Qom�� Lr) Z -MU W p Of OQOr'�LLJo 0 Q U V) -) F-- U7 WQZMLn Or-ZC:)m O Q = U cr- t1) Z W LnLLJ U MLCD r VI �Of Q�XOwOo W co W L'i ~ Y 0 o �J WZU7 Q�mO U 0 M >_LLJ CF)� U Q_ �- LLJ C:) m wma0 Z W C/) I z w O �- :D 0 v ��u-) Ao- z 0 c 1/I11' W I- o LLJW LL - W WU / fgS . jraa Od SlOz 1NO ZfL61 1 )p� cc wOV38 Is��,�b NM S3dOb 18s p Q31)b�l C-) + Ln Z CD C:) M �z N �6�ti M„ffSZ„ X10 ` sh� O O O N Un J Ln ro CD "p Q O �y m 0 'JH ,,D o C o V) � USC) Qom�� Lr) Z -MU W p Of OQOr'�LLJo 0 Q U V) -) F-- U7 WQZMLn Or-ZC:)m O Q = U cr- t1) Z W LnLLJ U MLCD r VI �Of Q�XOwOo W co W L'i ~ Y 0 o �J WZU7 Q�mO U 0 M >_LLJ CF)� U Q_ �- LLJ C:) m wma0 Z W C/) I z w O �- :D 0 v � Q pp CC) UN rn M z 0 c 1/I11' LC) LLJW LL - W WU / N N of • c) F- r o � N �(10� fgS . jraa Od SlOz 1NO ZfL61 1 )p� cc wOV38 Is��,�b NM S3dOb 18s p Q31)b�l C-) + Ln Z CD C:) M �z N �6�ti M„ffSZ„ X10 ` sh� O O O N Un J Ln ro CD "p Q O �y m 0 'JH ,,D o C o V) � USC) Qom�� Lr) Z -MU W p Of OQOr'�LLJo 0 Q U V) -) F-- U7 WQZMLn Or-ZC:)m O Q = U cr- t1) Z W LnLLJ U MLCD r VI �Of Q�XOwOo W co W L'i ~ Y 0 o �J WZU7 Q�mO U 0 M >_LLJ CF)� U Q_ �- LLJ C:) m wma0 Z W C/) I z w O �- :D 0 v � Q pp CC) UN rn M z 0 c D LC) LLJW LL - W WU / N N of W 0 U c) F- r o � N �(10� 0 ly- (n �cn ZO O U Z O Qa a> / � U co / \ O / f � / /M O �_ Q z c i C) :D 0 v N W z z 0 c D a, Lo U LLJW LL - W 0 �- W 0 U w �(10� 0 ly- (n O U Z O '- W J C) February 2009 Parcel 30 Page 1 of 4 EXHIBIT _ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 30 Being a 0.0477 acre (2079 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of a certain 2.933 acre tract having been conveyed to Jonathan W. Finch and wife, Barbette Elaine Finch from Exeen Thiele Morgan, by deed dated October 27, 1986, and being recorded under Film Code No. 101-61-0250 of the Real Property records of Jefferson County, Texas, said 0.0477 acre of land being more particularly described as follows; COMMENCING at an 2" iron pipe with cap found for the Southwest corner of the said Finch tract; THENCE, NORTH 19°2329" EAST along the boundary line between the said Finch tract and that certain tract of land having been conveyed to Michael R. Maurer and wife, Frances E. Maurer from Muriel Agnes Hayes Smiley, Independent Executrix of the Estate of Agnes A. Hayes, by deed dated November 3, 1986, and being recorded under Film Code No. 101-62-1005 of the Real Property records of Jefferson County, Texas for a distance of 779.29 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, from said corner a V iron pipe found bears SOUTH I9°23'29"WEST 2.58 feet, also said corner being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 19023'29" EAST, continuing along the boundary line between the said Finch tract and the said Maurer tract for a distance of 11.50 feet to point for corner in the existing Southwest right-of-way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 2834.79 feet and being subtended by a chord bearing SOUTH 57°13'26" EAST having a chord length of 210.12 feet; 2) THENCE SOUTHEASTERLY, along and with said curve, for an are length of 210.17 feet to a point for corner, said corner being the most Easterly corner of the said Finch tract and also in the most Northerly corner of a certain 1.11 acre tract having been conveyed to Frances Clouche Bowman, an unmarried person, and Delia Clouche, an unmarried person from The Heirs at law of Wilburn Walter Ballard, by deed dated October 24, 2000, and being recorded under Clerk's File 2000040352 of the Real Property records of Jefferson County, Texas; February 2009 Parcel 30 Page 2 of 4 EXHIBIT — s) THENCE, SOUTH 25°02'49" WEST along the boundary line between the said Finch tract and the said Bowman et al tract for a distance of 9.20 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner, said corner being in the proposed Southwest line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 57°4736" WEST having a chord length of 208.70 feet; 4) THENCE NORTHWESTERLY, along and with said curve, for an arc length of 208.77 feet to the POINT OF BEGINNING and containing 0.0477 acre (2079 square feet) of land. A parcel plat of even date accompanies this property description. 1, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed February 2009 GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF FEBRUARY 2009. -VA a-��v - � Mark W. Whiteley, RPLS #3636 LEGEND ■ SET 5/8' I. R. W I TH CAP STAMPED ' C I TY OF BEAUMONT R❑W MONUMENT' TXDOT CONTROL MONUMENT CONCORD ROAD xx PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED P.O.B. 30 0 POWER POLE PARCEL 30 PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE SURVEY LINE COUNTY LINE NOTES. MICHAEL R. MAURER & WIFE, FRANCES E. MAURER NOVEMBER 3, 1986 FC. NO. 101-62-1005 OPRJC CALLED 2.933 ACRES-` JONATHAN W. FINCH & WIFE, BARRETTE ELAINE FINCH OCTOBER 27, 1986 FC. NO. 101-61-0250 OPRJC PARENT TRACT N.T.S. P.O.0 PARCEL 30 FND. 2" 1. PIPE - CALLED 1. 11 ACRES FRANCES CLOUCHE BOWMAN & DELIA CLOUCHE OCTOBER 24, 2000 CF. NObPR0 040352 EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAD 83), 1993 ADJUSTMENT ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY A COMBINED ADJUSTMENT FACTOR OF . BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. S T MARK W. WHITELEY AND ASSOCIATES khm.- INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS O P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-692-0421 (FAX) 409-892-1346 EXISTING TAKING REMAINING ACRES ACRES/ S.F. ACRES 2. 933 PARCEL 30, 0.0447/(2079) 2. 6883 ,LO,tO.90 ZO l3 ]n6n0 M11K,L1�.L9N 0L'80Z ,LL'20Z L o o ZLn c\, ]„9Z,5 L.LSS 0) o 0 ,L L'O L Z ,6CV22Z ]�ONV di.130 Q H1ONT1 OKHO HiSNI� Odd z cn�wo� �_ O U Q WQ=DM Z D Q LL10 p © M (N CD LL- NOf � a aU LJ O LL- ,. C�1 i '7�� o� M0 p O Z , c�rno, z� -iw �, cn min Z N 4- F U Q 0 U m O 0 LLJ = � w a � U 0 O a z LLJJ Z ^ N Q U Q U , 'E 762.92 J J J � :7::--���25'02'49 cc M + o O _ —. O U O Lo Li Ln W � N =W GOP QZ:5 UJ U O� W N O C14 0 OQmm 01- U M J�mLU �O Q Z U Q^ Wm00 LiO L- LL- N 0 n a ��a 29 „E 19019 N19.23 779.29 2g rN m N19-23 0 p� LL (n o r cr- W CC O Q N W d ILn <co�pQNCy- L1 Q � m Lli co 5i � o L,,J .--i M p z U) W ct� 00 f- J i I I () o o (lJ - � Q M p CU cd r, � U w r O Zm CD U�IJ�Ln 1,D CDCj�D�-. Q�j March 2009 Parcel 45 Page 1 of 4 EXHIBIT — County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 45 Being a 0.0154 acre (669 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 0.305 acre tract of land having been conveyed to Jose T. Gonzales and Anna L. Gonzales from Steven A. Rose and Rhona L. Rose by deed dated October 31, 1990 and being recorded under Film Code No. 103- 40-2173 of the Real Property Records of Jefferson County, Texas, said 0.0154 (669 square feet) acre of land being more particularly described as follows; COMMENCING at a 1/2" iron pipe found for an interior ell corner in the Easterly line of that certain called 6.6074 acre tract of land, also being identified as Tract I, having been conveyed to Gene A. Van Meter from Monica O'Connor by deed dated September 20, 2007 and being recorded under Clerk's File No. 2007037089 of the Real Property Records of Jefferson County, Texas; THENCE, SOUTH 19°24'37" WEST, along the Easterly line of the said 6.6074 acre Van Meter tract for a distance of 169.02 feet to the Northwesterly corner of the said 0.305 acre Gonzales tract and continuing along the Easterly line of the said 6.6074 acre Van Meter tract and the Westerly line of the said 0.305 acre Gonzales tract for a total distance of 332.32 feet a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 62003'58" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 70.86 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road, said corner being in the Easterly line of the said 0.305 acre Gonzales tract and said corner being in the Westerly line of that certain called 0.938 acre tract of land having been conveyed to The Church of the Living God from Neil V. Laminack by deed dated June 1, 1987 and being recorded under Film Code No. 101-86-1770 of the Real Property records of Jefferson County, Texas; 2) THENCE, SOUTH 19024'14" WEST, along the Easterly line of the said 0.305 acre Gonzales tract and along the West line of the said 0.938 acre The Church of the Living God tract for a distance of 9.55 feet to a point for corner in the existing Northeast right-of-way line of Concord Road, said corner being the most Southerly corner of the said 0.305 acre Gonzales tract and said corner being the Southwesterly corner of the said 0.938 acre The Church of the Living God tract; March 2009 Parcel 45 Page 2of4 EXHIBIT _ 3) THENCE, NORTH 62°03'31" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 70.86 feet to a point for corner, said corner being the Southwest corner of the said 0.305 acre Gonzales tract and being the most Southerly corner of the said 6.6074 acre Van Meter tract and from said point a 2" iron pipe found in tree bears NORTH 19°24'37" EAST a distance of 1.63 feet; 4) THENCE, NORTH 19024'37" EAST, along the Westerly line of the said 0.305 acre Gonzales tract and the Easterly line of the said 6.6074 acre Van Meter tract for a distance of 9.54 feet to the POINT OF BEGINNING and containing 0.0154 acre (669 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE4 DAY OF March 2009. G�ST�% C%1; 2 C�''C... 3636 Mark W. Whiteley, RPLS #3636 -�7 o.�s,��.a �f S u ' .. LEGEND s a 0 SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT PARCEL NUMBER FND PROPERTY CORNER AS NOTED P.O.0 PARCEL 45 POWER POLE FND. 1/2" 1. PIPE F BIGNER SURVEY PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE SURVEY LINE COUNTY LINE CALLED 6.6074 ACRES TRACT 1 GENE A. VAN METER SEPTEMBER 20, 2007 CF NO. 2007037089 OPRJC ABSTRACT NO. 1 CALLED 0.305 ACRES JOSE T. GONZALES, et ux — OCTOBER 31, 1990 FC NO. 103-40-2173 OPRJC CALLED 0.938 ACRES THE CHURCH OF THE LIVING GOD JUNE 1, 1987 FC NO. 101-86-1770 OPRJC CONCORD ROAD PARENT TRACT N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN ACCOMPANIES THIS PARCEL PLAT. DATE MARK W. WHITELEY AND ASSOCIATES INCORPORATED rCNSULTING ENGINEERS, RVEYORS, AND PLANNERS P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-692-0421 (FAX) 409-892-1346 EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES 0. 305 PARCEL 45, 0,0154/(669) 0, 2896 wL z o O TE U Q Er to O V LL) ►- 0� w O 3 zw z w0 w Q N N Q� w _ m CY) a L cn �z LL. a n o O = C) Z W 00 U z J O V) J J z O F- CD W CD Of v` O Wj .s, C J t\ W C� o �_M�� rte ~ IC )r Q _ o CL oOw�O o ' C)U::DO Z J coo U N ¢N�_o �� U= _�' �. o CO LJ ^� U l0 cr O nN�r7� ozLJo� O - O W I- d O Cm m LLJ O o 0� ~z ¢ wov "o N, 00 ll o Z 's (L5'80Z N tiS'O�Z �; �i"VZZS o CR cq z Ln o 0 0 N w O w opo .- JQ a d -I o d o N o N O L 6 "' IZNi w lZ'ZLl 3,00 (yg'ZLl Z1 r- ���, 3„L���Z•6lN Ln _z J � � co m W Q i�Z.6lS rn rn w m � cr:^ o E o Ld Ld O v CU . N UjoN� Q, N z Cj o O �< O�C) o LJ (N F -QM � WW Z J Q � V) RICH WITH OPPORTUNITY r lic► T• E• X• A• S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager //�� PREPARED BY: Patrick Donart, Public Works Director 1'D MEETING DATE: February 1, 2011 c REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-three (63) parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey his property to the City: Parcel #40 0.0304 acre out F. Bigner Survey Abstract No. 1 (5680 Concord Road) Value: $3,500.00 Owner: W. H. Watkins, Jr. The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARY IMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto, for the Concord Road Pavement Widening Project: Parcel #40: 0.0304 acre out of F. Bigner Survey Abstract No. 1 (5680 Concord Road) Value: $3,500.00 Owner: W.H. Watkins, Jr. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, That the purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, W. H. WATKINS, JR. a/k/a WILLIAM H. WATKINS, JR., of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of THREE THOUSAND FIVE HUNDRED AND N0/100 ($3,500.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of W. H. WATKINS, JR. STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the by W. H. WATKINS, JR.. RETURN TO: City of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 2011. day of , 2011, Notary Public, State of Texas April 2009 Parcel 40 Page 1 of 4 EXHIBIT _ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 40 Being a 0.0304 acre (1,323 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of the remainder of that certain called 2.331 acre tract of land having been conveyed to W. H. Watkins, Jr. and Billy Ray Casey from Bill L Holland, Jr. James R. Smith and Ronald Beddingfield, Trustee by deed dated February 14, 1977 and being recorded under Volume 1982 Page 183 Deed Records of Jefferson County, Texas, said 0.0304 (1,323 square feet) acre of land being more particularly described as follows; COMMENCING at a 3/8" iron rod in concrete found for the Northwest corner of the remainder of the said 2.331 acre Watkins et al tract and for the Northeast comer of that certain called 0.646 acre tract of land having been conveyed to Javed Group Real Estate, L.L.C. from Mohammad S. Javed, also known as Mohammad S. Ali by deed dated September 29, 1999 and being recorded under Clerk's File No. 1999037675 of the Real Property records of Jefferson County, Texas; THENCE, SOUTH 03°50'27" EAST, along the East line of the said 0.646 acre Javed Group Real Estate tract and the West line of the remainder of the said 2.331 acre Watkins et al tract for a distance of 251.23 feet a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right- of-way of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 62003'58" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 101.86 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right- of-way of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 970.00 feet and being subtended by a chord bearing SOUTH 63025'05" EAST having a chord length of 45.78 feet; 2) THENCE, SOUTHEASTERLY, along said curve for an arc length of 45.78 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road, said corner being in the East line of the remainder of the said 2.331 acre Watkins et al tract and also being in the West line of that certain called 1.283 acre tract of land having been conveyed to W. H. Watkins, Jr., B. R. Casey and J. E. Dollinger from Concord Apartments by deed dated October 26, 1999 and being recorded under Clerk's File No. 199904116 of the Real Property records of Jefferson County, Texas; April 2009 Parcel 40 Page 2 of 4 EXHIBIT 3) THENCE, SOUTH 03°18'25" EAST, along the East line of the remainder of the said 2.331 acre Watkins et al tract and the West line of the said 1.283 acre Watkins et al tract for a distance of 8.33 feet to a point for corner in the existing Northeast right-of- way line of Concord Road, said corner being the most Southeasterly corner of the remainder of the said 2.331 acre Watkins et al tract and the Southwesterly corner of the said 1.283 acre Watkins et al tract, said corner also being the beginning of a curve turning to the right having a radius of 1115.92 feet and being subtended by a chord bearing NORTH 64019'45" WEST having a chord length of 88.42 feet; 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 88.45 feet to a point for corner in the existing Northeast right-of-way line of Concord Road; 5) THENCE, NORTH 62°03'31" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 57.70 feet to a point for corner, said point being the Southwesterly comer of the remainder of the said 2.331 Watkins et al tract and said point being the Southeasterly corner of the said 0.646 acre Javed Group Real Estate tract, and from said point a 2" iron pipe bears NORTH 03°50'27" WEST a distance of 3.76 feet; 6) THENCE, NORTH 03050'27" WEST, along the East line of the said 0.646 acre Javed Group Real Estate tract and the West line of the remainder of the said 2.331 acre Watkins et al tract for a distance of 11.20 feet to the POINT OF BEGINNING and containing 0.0304 acre (1,323 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE 6 DAY OF April 2009. 1 J�) !�'�f.�lfa�k-i1TLY�.. f Mark W. Whiteley, RPLS #3636 `r ; ''°•j LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT xx PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED 0 POWER POLE PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE SURVEY LINE COUNTY LINE i F. BIGNER SURVEY ABSTRACT NO. I '.0. C PARCEL 40 FND. 3/8" 1. ROD IN CONC. CALLED 0.646 ACRES JAVED GROUP REAL ESTATE, LLC SEPTEMBER 29, 1999 CF NO. 1999037675 OPRJC R "NQ§R OF CALL D 2.3 1 ACRES W. H. WATKIN JR. et al VOL• 1982,1 #G.1 X183 DRJC P.O.B. PARCEL 40 CONCORD ROAD PARENT TRACT N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN ACCOMPANIES THIS PARCEL PLAT. DATE MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 6cC EXHIBIT "B" CALLED 1.283 ACRES W. H. WATKINS JR. et al OCTOBER 26, 1999 1 CF NO. 1999041166 OPRJC EXISTING TAKING REMAINING ACRES ACRES/(S.F) ACRES 2. 331 PARCEL 40, 0. 0304/( 1323) 2, 3006 PARCEL PLAT SHOWING PARCEL 40 CONCORD ROAD JEFFERSON COUNTY SCALE 1 " = 50' APRIL 2009 SHEET 3 OF 4 „0„ 1181 HX3 0 0 Z 0 U Q Lao O N N O J � 1 71 7 CLJ a_ W N d 00 O y p Cn Q o Cl CO 00 CU Q' ct U ¢CD o kD I- o lri Q + LLL -L. 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S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer February 1, 2011 Council consider approving the purchase of a tractor -loader for use by the Parks and Recreation Department. The administration recommends approval of the purchase from Waukesha -Pearce Industries, Inc., of Port Arthur, in the amount of $78,417.08. BACKGROUND Pricing for the dozer was obtained through the BuyBoard Cooperative Purchasing Program. Buyboard is a cooperative purchasing association which provides cities and political subdivisions with the means to purchase specialized equipment at volume prices. BuyBoard complies with State of Texas procurement statutes. The tractor -loader will be used by Parks for loading and unloading heavy materials and supplies such as sand, soil, trees, swimming pool supplies and playground equipment. The tractor -loader will replace Unit 4303, a 1989 Ford model 345C tractor with 1,800 hours of service and Unit 9665, a 1981 Clark C300 forklift with 164 hours of service. The old units will be disposed of according to the City's surplus equipment disposal policy. The basic warranty provided is twelve (12) months. Warranty service is available from the vendor. Delivery is estimated at thirty (30) days. BUDGETARY IMPACT Funds are budgeted in the Capital Reserve Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a tractor -loader for use by the Parks and Recreation Department from Waukesha -Pearce Industries, Inc., of Port Arthur, Texas, in the amount of $78,417.08 through the BuyBoard Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - E RICH WITH OPPORTUNITY BEAUMON* T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer February 1, 2011 Council consider authorizing the award of a contract for the purchase of wastewater treatment polymer. RECOMMENDATION The Administration recommends the award of a contract to Ashland, Inc., of Wilmington, Delaware, in the estimated amount of $61,500. BACKGROUND Bids were requested for a six (6) month contract for polyacrylamide cationic emulsion liquid polymer for use by the Water Reclamation Division. The chemical is used in the dewatering of seweage sludge produced by the City's filter plant at Water Reclamation. Ashland, Inc., is the current holder of this contract and has performed satisfactorily. Six (6) vendors were notified with two (2) responding with bids as follows: VENDOR PRODUCT PRICE ESTIMATED ANNUAL PER LB COST AT 50,000 POUNDS Ashland, Inc. Praestol K144L $1.23 $61,500.00 Wilmington, DE Fort Bend Services, Inc. FBS C1085 $1.36 $68,000.00 Stafford, TX Contract for wastewater treatment polymer February 1, 2011 Page 2 Prior to the bid opening, belt press trials were held at the City's Water Reclamation plant to test each bidder's product for specification compliance. Given a feed flow of aerobically digested biological sludge, the proposed polymers being tested must condition the sludge for dewatering and must meet certain conditions during a two (2) hour trial. Each proposed product is tested at least twice. During this test the average pounds of polymer per one dry ton sludge is determined. This average is then used as a multiplier to determine the best cost for the City. Results are listed in the following table: Vendors Average pounds of polymer per ton of sludge Cost to treat one ton of sludge Quantity Unit Cost Total Ashland, Inc. 7.27 $1.23 $8.94 Fort Bend Services, Inc. 7.67 $1.36 $10.43 BUDGETARY IMPACT Funds are available in the Water Utilities Department's operating budget. RESOLUTION NO. WHEREAS, bids were received for a six (6) month contract for the purchase of wastewater treatment polymer for use by the Water Reclamation Division; and, WHEREAS, Ashland, Inc., of Wilmington, Delaware, submitted a bid at a unit cost of $1.23 per pound for an estimated cost of $61,500; and, WHEREAS, City Council is of the opinion that the bid submitted by Ashland, Inc., of Greensboro, North Carolina, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Ashland, Inc., of Wilmington, Delaware, for a six (6) month contract for the purchase of wastewater treatment polymer for use by the Water Reclamation Division at a unit cost of $1.23 per pound for an estimated cost of $61,500 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - F;- RICH WITH OPPORTUNITY BEAUMON* T• E- S- A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Hani Tohme, P.E., Director of Water Utilities February 1, 2011 Council consider authorizing the City Manager to increase the ML King Jr. Parkway Waterline Extension Project amount. The Administration recommends approval of increasing the contract with Simco Enterprises, Ltd., of Groves for the ML King Jr. Parkway Waterline Extension Project by the amount of $51,191.06. This cost increase is for the extra work required to repair a water leak on an existing 164nch diameter water main located on Spur 93. The successful completion of this repair will provide fire protection services along Spur 93 and to the State and Federal prison complexes. The cost is for the additional excavation, trench safety systems, thrust blocking, and traffic control. The proposed extra work will represent an increase of 10.58% to the original contract amount. BACKGROUND The City of Beaumont Water Utilities Department provides water and wastewater services to the State and Federal prison complexes in Jefferson County. The area encompassing these facilities lies within the limits of the City's Water Certificate of Convenience and Necessity (CCN) as recorded with the Texas Commission on Environmental Quality (TCEQ). The proposed project will install 4,103 linear feet of new 12" water lines and related appurtenances along ML King Jr. Parkway. This will increase the pressure and volume available and loop the water system to provide a more reliable second water source to the prisons. In addition, the proposed project will repair a water leak on a 16" water line on West Port Arthur Road. Previous actions include: Resolution 10-252 in the amount of $483,712.00 was passed by City Council on Septem0er 28, 2010. ML King Jr. Parkway Waterline Extension February 1, 2011 Page 2 of 2 BUDGETARY IMPACT Funds for the project are available in the Department of Water Utilities Capital Programs Budget. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. One DATE: January26, 2011 PROJECT: City of Beaumont, Texas ML King Jr. Parkway Waterline Extension OWNER: City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: Simco, Ltd. 3101 Main Avenue Groves, Texas 77619 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: To provide additional work due to unforseen field conditions encountered in the point repair of an existing 16" water main along Spur 93. ORIGINAL CONTRACT AMOUNT: $ 483,712.00 THIS CHANGE ORDER Description: Net Change Furnish all necessary Labor, Equipment, Materials, and Supervision to repair a leak on a $ 51,191.06 16 -inch water main along Spur 93. Cost is for the additional excavation, trench safety systems, thrust blocking, and traffic control. TOTAL AMOUNT OF THIS CHANGE ORDER $ 51.191.06 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 534,903.0( CONTRACT TIME Original Contract Time: 120 Calendar Days Additional Time Previously Requested: 0 Calendar Days Time Requested per this Change Order: 14 Calendar Days Revised Contract Time per this Change Order: 134 Calendar Days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by. Accepted by: Schaumburg & Polk, Inc. Engineer Date: R-Umv Oidu No. 1 OW 12011 City of Beaumont Owner Date: Simco, Ltd Contractor RESOLUTION NO. WHEREAS, on September 28, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-252 awarding a contract in the amount of $483,712.00 to Simco Enterprises, Ltd., of Groves, Texas, for the M.L. King, Jr. Parkway Waterline Extension Project; and, WHEREAS, Change Order No. 1 in the amount of $51,191.06 is required to provide additional work in order to repair a water leak on an existing 16" water main along Spur 93, thereby increasing the contract amount to $534,903.06; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and That the City Manager be and he is hereby authorized to execute Change Order No. 1 in the amount of $51,191.06, thereby increasing the contract amount to $534,903.06. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of February, 2011. - Mayor Becky Ames - G RICH WITH OPPORTUNITY 1111c"Al ( T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Patrick Donart, Director of Public Works PD February 1, 2011 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Regent II, Phase II Subdivision. RECOMMENDATION The administration recommends approval of the following: • St. Helena St. approximately 1303 feet north of existing Concord Rd. to existing St. Helena St. • Sabrina Ln. approximately 210 feet west of proposed St. Helena to and including the Cul de Sac. • Regent St. approximately 676 feet west of existing Regent St. to and including the Cul de Sac. • Misty Ln approximately 308 feet east of proposed St. Helena St. to and including the Cul de Sac. • Chrystal Ln approximately 326 feet west of proposed St. Helena St. to and including the Cul de Sac. • Averill St. approximately 170 feet north of proposed Regent St. to existing Averill St. Also, recommended for approval are the storm sewer, water and sanitary sewer improvements for Regent II, Phase II Subdivision right-of-way only. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on January 11, 2011. BUDGETARY IMPACT None. REGENT II SUBDIVISION RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in the Regent II, Phase II Subdivision have been completed as follows: Street • St. Helena St. approximately 1303 feet north of existing Concord Rd. to existing St. Helena St. • Sabrina Ln. approximately 210 feet west of proposed St. Helena to and including the Cul de Sac. • Regent St. approximately 676 feet west of existing Regent St. to and including the Cul de Sac. • Misty Ln. approximately 308 feet east of proposed St. Helena St. to and including the Cul de Sac. • Chrystal Ln. approximately 326 feet west of proposed St. Helena St. to and including the Cul de Sac. • Averill St. approximately 170 feet north of proposed Regent St. to existing Averill St. Storm Sewer, Water and Sanitary Sewer Improvements • Regent II, Phase II Subdivision, right-of-way only. WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the above -referenced street, storm sewer, water and sanitary sewer improvements in the Regent II, Phase II Subdivision, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY r City Council Agenda Item T• E• X• A S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Kyle Hayes, City Manager Patrick Donart, Public Works Directorpo February 1, 2011 Council consider authorizing the acceptance of a Water Line Easement. W RECOMMENDATION The Administration recommends acceptance of a Water Line Easement to provide water and fire protection services for Sallie Curtis Elementary School located at 6225 North Circuit Drive. BACKGROUND Beaumont Independent School District has agreed to convey a ten (10) foot wide exclusive Waterline Easement to the City of Beaumont. The Water Line Easement will provide mandatory access to the water lines and fire hydrants for the school property and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. This Water Line Easement is recommended for approval by the City Manager, Public Works Director and Water Utilities Director. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, the Beaumont Independent School District has agreed to convey a ten (10) foot wide exclusive water line easement, said easement being out of the H. Williams Survey, Abstract No. 56, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of providing water and fire protection services for Sallie Curtis Elementary School located at 6225 North Circuit Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by the Beaumont Independent School District, as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P.O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, an easement to use, repair, alter, and maintain a single underground water line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate the water line as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly -titled representative. The easement herein granted shall be used for the purpose of operating, repairing, rebuilding, replacing, relocating, and removing a water line as needed for operation of Grantor's facilities on the property. The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned, but Grantor reserves the right to use the surface of the easement land for vehicular parking, driveways, landscaping, fencing, and other surface uses that will not interfere with EXHIBIT "A" or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land, but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve, maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line. Non -emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water line on Grantor's property in accordance with the plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non -negligent maintenance or repair of the water line and appurtenances. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2011. BEAUMONT INDEPENDENT SCHOOL DISTRICT By Dr. Carrol Thomas, Superintendent ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT SCHOOL DISTRICT, and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2011. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 r Fittz&Shipman INC. EXHIBIT "A", PAGE I OF 3 Cons,d ing Engineers and Land Stuveyors CENTERLINE DESCRIPTION Ronald D. Fittz, P.E., R. P. L.S. (1948-1987) OF A Terry G. Shipman, Chairman of Board 10' WIDE EXCLUSIVE WATER LINE EASEMENT Billy J. Smith, Jr., President OUT OF THE Donald R. King, P.E. Michelle Falgout, P.E. H. WILLIAMS SURVEY, ABSTRACT 56 Walter J. Ksiazek, R.P.L.S. JEFFERSON COUNTY, TEXAS AUGUST 16, 2010 That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each side of centerline, out of the H. Williams Survey, Abstract 56, and being out a called 20 acre tract conveyed to Beaumont ISD (aka South Park ISD) as recorded in Volume 986, Page 36 of the Deed Records of Jefferson County, Texas, said centerline being more particularly described by the following courses and distances: Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South Central Zone #4204. COMMENCING at a DD6 aluminum disc found in the north line of Forest Glen, a plat recorded in Volume 9, Page 182 of the Map Records of Jefferson County, Texas for the southwest corner of a called 5.532 acre tract (Tract No. 4) for a 60' right-of-way conveyed to Jefferson County Drainage District No. 6 as recorded in Volume 742, Page 212 of the Deed Records of Jefferson County, Texas and the southeast corner of the said 20 acre tract; THENCE South 85057'32" West along the south line of the said 20 acre tract a distance of 648.47 feet (called South 88°11'00" West) to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive water line easement from which a capped iron rod found for the southwest corner of the said 20 acre tract and the northwest corner of Westgate Addition, a plat recorded in Volume 10, Page 53 of the Map Records of Jefferson County, Texas bears South 85057'32" West 615.01 feet (called South 88011'00" West); THENCE along the said centerline with the following courses and distances: North 03059'47" West, at a distance of 147.35 pass a point for the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears North 86000'13" East a distance of 46.62 feet to an angle point; North 41 00'13" East a distance of 60.84 feet to an angle point; North 03059'47" East a distance of 87.48 feet, and continuing North 03059'47" West a total distance of 150.28 feet to an angle point; North 48059'47" West a distance of 28.45 feet to an angle point; North 03059'47" West a distance of 63.09 feet to an angle point; North 48°59'47" West a distance of 80.33 feet to an angle point; South 86°00'13" West a distance of 63.40 feet to an angle point; North 48°59'47" West a distance of 41.84 feet to an angle point; North 03059'47" West a distance of 396.02 feet to an angle point; FITTZ & SHIPMAN, INC. Project No. 09048Task l Owtresmt Plat & Description 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A", PAGE 1 OF 3 North 86°00'13" East a distance of 162.36 feet to an angle point; South 48°59'47" East a distance of 20.00 feet to an angle point; North 86000'13" East a distance of 395.63 feet to an angle point; South 48°59'47" East, at a distance of 108.08 feet pass a point for the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears South 41 °00'13" West a distance of 26.97 feet, and continuing a total distance of 114.34 feet to a point in the westerly line of the said 5.532 acre tract and the easterly line of the said 20 acre tract for the POINT OF TERMINATION of the said centerline from which a DD6 aluminum disc found for the northeast corner of the said 20 acre tract bears North 13°01'51" West 139.54 feet. This description is based on a survey and plat made by Fittz & Shipman, Inc. on August 13, 2010. Walter J. Ksiazek Registered Professional Land Surveyor No. 5321 40 WALTER J• KS1AZi FITTZ & SHIPMAN, INC. 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N01.A3d M m _ L I� to W 00:1 ,-z7 N� aWzz IN a°D25 IM � dlp0� FZ Q OS 7zzw pLx _ n N <a W ci O wN^ In > co rn _r C; Z cc z M 0 W ow) w a ~ O 1 Wm w } Q A W Z W W LJ (n W w 3 D VO i N<W X m (n m W W D 0 r P4 m o� z �N O� Oz0 N a w., zo Wzo N (C J J Wa< <<Z VW �o z WwKO Wm h N h - z o < O w yUo N N N m-� K GNU' W 30: wo6Z:90 OLOZ '60 daS 6Mp•OLIso184060\OL NSVT\84060\SI03fOSd\:O 1 RICH WITH OPPORTUNITY 1111iA11114011T ( T• E• X - A - S TO: W1033-9 MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager February 1, 2011 REQUESTED ACTION: Council consider a resolution authorizing the appeal of the lawsuit Erik Kvarme, et al v. The City of Beaumont, Texas, et al. RECOMMENDATION The Administration requests approval of a resolution authorizing the appeal of the lawsuit Erik Kvarme, et al v. The City of Beaumont, Texas, et al. BACKGROUND The City of Beaumont filed a motion with the Court challenging the jurisdiction of the Court to determine the issues in this matter. The Court denied the motion. The denial of the motion challenging the jurisdiction is subject to immediate appeal. As discussed in Executive Session, the Administration is requesting authority to pursue a review of the denial of the motion. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT The Parker Law Firm be and it is hereby authorized to file an appeal in the lawsuit styled Erik Kvarme, et al v. The City of Beaumont, Texas, et al, Cause No. D-179,887, currently pending in the 172nd District Court of Jefferson County. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - Fj RICH WITH OPPORTUNITY 111C'A,111�10111)( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: February 1, 2011 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Christy Morgan. RECOMMENDATION The City Attorney requests approval of a resolution authorizing the settlement of the claim of Christy Morgan in the amount of $125,000.00. BACKGROUND Council discussed the settlement of this claim in Executive Session on Tuesday, January 25, 2011. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund. RESOLUTION NO. WHEREAS, the claim of Christy Morgan has been discussed in an Executive Session properly called and held Tuesday, January 25, 2011; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Christy Morgan in the amount of One Hundred Twenty -Five Thousand Dollars ($125,000). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - K RICH WITH OPPORTUNITY 111'CA,111�1011�0( T• E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Tyrone E. Cooper, City Attorney February 1, 2011 Council consider a resolution authorizing the settlement of the claim of Tyesha Hope. RECOMMENDATION The City Attorney requests approval of a resolution authorizing the settlement of the claim of Tyesha Hope in the amount of $7,500.00 BACKGROUND Council discussed the settlement of this claim in Executive Session on December 7, 2010. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund. RESOLUTION NO. WHEREAS, the claim of Tyesha Hope has been discussed in an Executive Session properly called and held Tuesday, December 7, 2010; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Tyesha Hope in the amount of Seven Thousand Five -Hundred Dollars ($7,500). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - RIGH WITH QPPQRTUNITT BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 1, 2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition — Receive report from Sandersen, Knox and Company * Public Comment: Persons may speak on scheduled agenda items 9-15/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling - 2) District and a specific use permit to allow a parking lot in a GC -MD -2 District at 2980 N. 16" Street 2. Consider a request for a zone change from RM -H (Residential Multiple Family Dwelling -Highest Density) District) to GC -MD (General Commercial -Multiple Family Dwelling) District and a specific use permit to allow a roofing company in a GC -MD District at 4320 Eastex Freeway 3. Consider a request for a zone change from LI (Light Industrial) District to GC- M. (General Commercial -Multiple Family Dwelling) District for the property located approximately 280' south of the southeast corner of the intersection of Terrell and Avenue F 4. Consider a request for a zone change from NC (Neighborhood Commercial) District to GC -MD (General Commercial -Multiple Family Dwelling) District for the property at 7650 and 7680 Eastex Freeway 5. Consider a request for an amended specific use permit to allow the demolition of a 10' tall wood screening fence along the east and south sides of the subject property as a requirement for a car wash in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 6365 Calder 6. Consider a request for a specific use permit to allow for office space and parking for Nutrition and Services for Seniors in an RM -M (Residential Multiple Family Dwelling -Medium Density) District at 3840 Travis and 4590 Concord 7. Consider a request for a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District at 1615 Park 8. Consider a request for a specific use permit to allow a doctor's office in a PUD (Planned Unit Development) District at 6260 Delaware 9. Consider approving the closure of a portion of Main Street at the KCS Railroad right-of-way 10. Consider the abandonment of a 337.66' unimproved portion of Avenue F 11. Consider the abandonment of a portion of Cheek Street and the remainder of Alabama Street east of University Drive 12. Consider amending Ordinance 11-004 to change the Early Voting location previously selected for Ward I, and changing the Election Day polling location for Precincts 28 and 92 13. Consider approving a change order related to the Cattail Marsh Constructed Wetland Rehabilitation Project 14. Consider approving a change order related to the Waterline Installation of Large Diameter Main Bores Contract I Project 15. Consider approving the purchase of Work Management Software for use by the Water Utilities Department WORK SESSION Review and discuss the process related to issuing municipal debt 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: Potential Grievance of Firefighter James Williams Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 February 1, 2011 Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District and a specific use permit to allow a parking lot in a GC -MD -2 District at 2980 N. 16th Street RICH WITH OPPORTUNITY BEA,[IMON* T • E • % • A • S 101P City Council Agenda Item City Council FROM: Kyle Hayes, City Manager C �� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 1, 2011 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District and a specific use permit to allow a parking lot in a GC - MD -2 District at 2980 N. 16" Street. RECOMMENDATION The Administration recommends approval of a zone change from RS (Residential Single Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District and a specific use permit to allow a parking lot in a GC -MD -2 District at 2980 N. 16' Street. subject to the following conditions: An 8' tall wood screening fence and a 10' wide landscape strip will be installed along the south property line. A 6' wide landscape strip will be installed along the parking lot frontages on 16th St. and Lightfoot. BACKGROUND Bill Geyser for Coburn Supply Company has requested a zone change and a specific use permit. Mr. Geyser states that the parking lot will be used when staff meetings are held at their office at 2912 Eastex Freeway, which is across the street from the subject property. According to Mr. Geyser, these meetings are held two to three times per month. No lighting will be installed to affect the neighbors. An existing four foot chain link fence is located along the south property line and a six foot fence will remain along the east property line. Mr. Geyser states that ingress/egress to the parking lot will be provided by an existing driveway on Lightfoot and a new driveway on 16th. The property was formerly used as residential but the house burned and is now open and accessible. To the north, east and west, GC -MD zoning exists which makes the property less conducive to residential uses. The applicant is requesting a modification to the landscaping/screening requirements along the south side of the subject property. He is requesting that the 4' tall chain link fence remain and that the 10' wide landscape strip not be required. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve a zone change from RS (Residential Single Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District and a specific use permit to allow a parking lot in a GC -MD -2 District at 2980 N. 16`' Street. subject to the following conditions: An 8' tall wood screening fence and a 10' wide landscape strip will be installed along the south property line. A 6' wide landscape strip will be installed along the parking lot frontages on 16' St. and Lightfoot. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PARKING LOT IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT AT 2980 N. 16TH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Coburn Supply Company has applied for a specific use permit to allow a parking lot in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 2980 N. 16th Street, being the north 50' of Lot 9 and all of Lot 10, Block 1, Lakeview Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 0.514 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a parking lot in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 2980 N. 16th Street; 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; • An 8' tall wood screening fence and a 10' wide landscape strip will be installed along the south property line. • A 6' wide landscape strip will be installed along the parking lot frontages on 16th St. and Lightfoot. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a parking lot in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District at 2980 N. 16th Street, being the north 50' of Lot 9 and all of Lot 10, Block 1, Lakeview Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 0.514 acres, more or less, as shown on Exhibit "A" attached hereto; and, is hereby granted to Coburn Supply Company, its legal representatives, successors and assigns, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, subject to the following conditions: • An 8' tall wood screening fence and a 10' wide landscape strip will be installed along the south property line. • A 6' wide landscape strip will be installed along the parking lot frontages on 16th St. and Lightfoot. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - le 2071 - Request for a zone change from RS (Residential Single Family Dwelling) istrict to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District or more strictive district and a specific use permit to allow a parking lot in a GC--MD-2 District. : 2980 N. 161 Street Bill Geyser for Coburn Supply Company 0 100 200 1 1 1 1 Feet Legend 2071 ZP o NC F1 GC -MD A �, LIGHTFOOT ST N GC -MD GC -MD R:S IF ' y�P M —1 = K N R -S R -S EXHIBIT "A" No Text ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED AT 2980 N. 16TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC - MD -2 (General Commercial -Multiple Family Dwelling -2) Districtfor property located at 2980 N. 16th Street, being the north 50' of Lot 9 and all of Lot 10, Block 1, Lakeview Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 0.514 acres, more or less, as shown on Exhibit 'A" and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - le 2071-Z/P: Request for a zone change from RS (Residential Single Family Dwelling) istrict to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District or more strictive district and a specific use permit to allow a parking lot in a GC -MD -2 District. tion: 2980 N. 16* Street Bill Geyser for Coburn Supply Company 0 100 200 1 1 1 1 Feet Legend 2071 Z �9ST �.�O NNr. �yy , GC -MD A LIGHTFOOT ST N GC -MD GC -MD y�P O N 4 —1 = K N In R -S R -S EXHIBIT "A" z February 1, 2011 Consider a request for a zone change from RM -H (Residential Multiple Family Dwelling -Highest Density) District) to GC -MD (General Commercial -Multiple Family Dwelling) District and a specific use permit to allow a roofing company in a GC -MD District at 4320 Eastex Freeway RICH WITH OPPORTUNITY BEA,UMON* T- E- B- A- S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager oo PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 1, 2011 REQUESTED ACTION: Council consider a request for a zone change from RM -H (Residential Multiple Family Dwelling -Highest Density) District) to GC -MD (General Commercial -Multiple Family Dwelling) District and a specific use permit to allow a roofing company in a GC -MD District at 4320 Eastex Freeway. RECOMMENDATION The Administration recommends approval of a zone change from RM -H to GC -MD District and a specific use permit to allow a roofing company at 4320 Eastex Freeway subject to a modification to the landscaping/screening requirements along the north, east and west property lines (8' tall wood screening fence and 10' wide open space buffer along the north property line and the north 110' of the east property line and an 8' tall wood screening fence along the west property line, no 10' landscape strip). BACKGROUND Kelley Bankston has requested a zone change and specific use permit. Currently, the front portion of the property is zoned GC -MD and the rear 110 feet of the property is zoned RM -H. The property is developed with a commercial building and was previously used by a tractor sales company. The building is currently vacant. A roofing company would now like to occupy the property. In a GC -MD District, the roofing company needs a specific use permit. Therefore, the applicant would like to clear up the zoning boundary issue and get the specific use permit to allow the roofing company. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve a zone change from RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District and a specific use permit to allow a roofing company in a GC-MD District at 4320 Eastex Freeway subject to a modification to the landscaping/screening requirements along the north, east and west property lines (8' tall wood screening fence and 10' wide open space buffer along the north property line and the north 110' of the east property line and an 8' tall wood screening fence along the west property line, no 10' landscape strip). BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 4320 EASTEX FREEWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM -H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 4320 Eastex Freeway, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A," shown on Exhibit "B," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Zone change: BEGINNING at the southwest corner of said Lot 44 on the east line of the Trotman Place Subdivision, a plat recorded in Volume 7, Page 187, of the Jefferson County Map Records; point being the southwest corner of the herein described tract; THENCE North 00°45'00" East (reference bearing east line of Trotman Place Subdivision) along the said east line of the Trotman Place Subdivision, a distance of 110.0 feet to a point for the northwest corner of the herein described tract; THENCE South 89°15'00" East, a distance of 135.15 feet to a point of the northeast corner of the herein described tract; THENCE South 01°20'53" West along a fence line a distance of 110.0 feet to a point on the south line of said Lot 44 for the southeast corner of the herein described tract; THENCE North 89°15'00" West along the south line of said Lot 44, a distance of 135.28 feet to the POINT OF BEGINNING and containing 0.34 acres of land, more or less. EXHIBIT "A" 8-Z/P: Request for a zone change from RM -H (Residential Multiple Family g -Highest Density) District to GC -MD (General Commercial -Multiple Family g) District or more restrictive district and a specific use permit to allow a roofing y in a GC -MD (General Commercial -Multiple Family Dwelling) District. a: 4320 Eastex Freeway Kelley Bankston 0 100 200 l 1 1 1 Feet EXHIBIT "B" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A ROOFING COMPANY IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 4320 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Kelley Bankston has applied for a specific use permit to allow a roofing company in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4320 Eastex Freeway, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a roofing company in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4320 Eastex Freeway; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a roofing company in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4320 Eastex Freeway, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, is hereby granted to Kelley Bankston, her legal representatives, successors and assigns, as described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: • subject to a modification to the landscaping/screening requirements along the north, east and west property lines (8' tall wood screening fence and 10' wide open space buffer along the north property line and the north 110' of the east property line and an 8' tall wood screening fence along the west property line, no 10' landscape strip). Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. ORDINANCE NO. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Specific use permit: BEGINNING at the southwest corner of said Lot 45 on the east line of the Trotman Place Subdivision, point being the southwest corner of the herein described tract: THENCE North 00°45'00"East (reference bearing east line of Trotman Place Subdivision) along the said east line of the Trotman Place Subdivision, a distance of 173.29' to a point for the northwest corner of the herein described tract; THENCE South 8995'00"East, a distance of 135.15' to a point of the northeast corner of the herein described tract; THENCE South 01 °20'53"West, a distance of 182.64' to a point; THENCE South 88°09'51 "West, a distance of 24.54' to a point; THENCE South 22°03'16"West, a distance of 64.82' to a point; THENCE North 49°24'48"West, along the north right-of-way line of U.S. Highway 69, a distance of 112.58' to the POINT OF BEGINNING and containing 0.64 acres of land, more or less. EXHIBIT "A" .068-ZIP: Request for a zone change from RM-H (Residential Multiple Family Ung-Highest Density) District to GC-MD (General Commercial-Multiple Family fing) District or more restrictive district and a specific use permit to allow a roofing any in a GC-MD (General Commercial-Multiple Family Dwelling) District. ion: 4320 Eastez Freeway Kelley Bankston 0 100 200 1 1 1 1 Feet EXHIBIT "B" FOUND 5/8" IRON ROD FOUND 1 2" IRON OD FOUND 1/2" IRON OD P.P. PROPOSED —� 8WOOD FENCE TROTMAN N PLACE ZONING RS aW O O h O O E OVERHEAD ELECTRIC 121 SCALE. • 1' = 50 PROPOSED 8" WOOD FENCE S 8975'00"E STRIP ZONING RM—H PROPOSED 8' WOODEN FENCE ZONING GC—MD -5 PIPE RAIL 3 a M h O N 71 WOOD FENCE S 8 '09'51"W 24.54' SS 22 03'16"W 64.82' �HkIN LINK SITE PLAN 4320 EASTEX FREEWAY BEAUMONT, TEXAS Date: NOV. 3. 2010 100509 ENGINEERING AND SURVEYING, INC. Project NO. 2525 CALDER STREET ■ BEAUMONT, TEXAS 77702 (409) 813-3410 ■ FAX (409) 813-3484 EXHIBIT "C" 3 February 1, 2011 Consider a request for a zone change from LI (Light Industrial) District to GC -MD (General Commercial -Multiple Family Dwelling) District for the property located approximately 280' south of the southeast corner of the intersection of Terrell and Avenue F RICH WITH OPPORTUNITY BEA,UMON* T • E • % • A • S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boon , Community Development Director MEETING DATE: February 1, 2011 REQUESTED ACTION: Council consider a request for a zone change from LI (Light Industrial) District to GC -MD (General Commercial - Multiple Family Dwelling) District for the property located approximately 280' south of the southeast corner of the intersection of Terrell and Avenue F. RECOMMENDATION The Administration recommends approval of a zone change from LI (Light Industrial) District to GC -MD (General Commercial -Multiple Family Dwelling) District for the property located approximately 280' south of the southeast corner of the intersection of Terrell and Avenue F. BACKGROUND Michael Alfred has requested a zone change. Mr. Alfred owns the Garden of Gethsemane Nursery across Washington Boulevard and the Washington Boulevard frontage immediately south of the subject property. Mr. Alfred states that rezoning the property will allow possible financial backing by his financial institution. It is his desire to construct a self-service laundry and convenience store on the property. Rezoning the property to GC -MD would prohibit a number of uses that may be undesirable to the neighborhood. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve a zone change from LI (Light Industrial) District to GC -MD (General Commercial -Multiple Family Dwelling) District for the property located approximately 280' south of the southeast corner of the intersection of Terrell and Avenue F. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED APPROXIMATELY 280' SOUTH OF THE SOUTHEAST CORNER OF THE INTERSECTION OF TERRELL AND AVENUE F, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned LI (Light Industrial) District to GC -MD (General Commercial -Multiple Family Dwelling) District for property located approximately 280' south of the southeast corner of the intersection of Terrell and Avenue F, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A," shown on Exhibit "B," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the Northwest part of the Southwest 1/4 of B 2F and the Southwest part of the Southwest 1/4 of B 2F, Cartwright Addition, City of Beaumont, Jefferson County, Texas, containing 0.98 acres, more or less. EXHIBIT "A" Tile 2066-Z: Request for a zone change from LI (Light Industrial) District to GC -MD General Commercial -Multiple Family Dwelling) District or more restrictive district. .ocation: Approximately 280' from the southeast corner of the intersection of Terrell and eve. F r plicant: Garden of Gethsemane Nursery and Landscaping, Inc. 0 100 200 I + t t Feet IAI EXHIBIT "B" n February 1, 2011 Consider a request for a zone change from NC (Neighborhood Commercial) District to GC -MD (General Commercial -Multiple Family Dwelling) District for the property at 7650 and 7680 Eastex Freeway RICH WITH OPPORTUNITY IIEA,UMON* T- E- X- A- S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager 6) k) Chris Boone, Community Development Director February 1, 2011 REQUESTED ACTION: Council consider a request for a zone change from NC (Neighborhood Commercial) District to GC -MD (General Commercial -Multiple Family Dwelling) District for the property at 7650 and 7680 Eastex Freeway. RECOMMENDATION The Administration recommends approval of a zone change from NC (Neighborhood Commercial) District to GC -MD (General Commercial -Multiple Family Dwelling) District for the property at 7650 and 7680 Eastex Freeway. BACKGROUND Jonathon Danielson, representing Morkin Companies, Inc., has requested a zone change. Mr. Danielson states that he is requesting this zone change to allow for the future expansion of his business. NC zoning only allows a structure that is 4,000 sq. ft. in area. Mr. Danielson's two lots and one other lot are zoned NC. The rest of the freeway frontage between Caswell and Concord is zoned GC -MD. The zoning request would put the zoning of the subject property in line with the remainder of the freeway frontage. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve a zone change from NC (Neighborhood Commercial) District to GC -MD (General Commercial - Multiple Family Dwelling) District for the property at 7650 and 7680 Eastex Freeway. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 7650 AND 7680 EASTEX FREEWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned NC (Neighborhood Commercial) District to GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 7650 and 7680 Eastex Freeway, being Lots 1 and 3, Charles Place Addition, City of Beaumont, Jefferson County, Texas, containing 0.546 acres, more or less, as shown on Exhibit "A," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - File 2074-Z: Request for a zone change from NC (Neighborhood Commercial) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: 7650 and 7680 Eastex Freeway Applicant: Morkin Companies, Inc. EXHIBIT "A" 5 February 1, 2011 Consider a request for an amended specific use permit to allow the demolition of a 10' tall wood screening fence along the east and south sides of the subject property as a requirement for a car wash in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 6365 Calder RICH WITH OPPORTUNITY IIEA,UMON* T - E - % - A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager C)i5 Chris Boone, Community Development Director February 1, 2011 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow the demolition of a 10' tall wood screening fence along the east and south sides of the subject property as a requirement for a car wash in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 6365 Calder. RECOMMENDATION The Administration recommends approval of an amended specific use permit to allow the demolition of a 10' tall wood screening fence along the east and south sides of the subject property as a requirement for a car wash in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 6365 Calder subject to the following conditions: An eight foot tall wood screening fence shall be installed along the east and south property lines of the subject property. The car wash must comply with the City storm requirements and Watershed Protection Ordinance. Hours of operation shall be from 7:00 a.m. - 10 p.m. BACKGROUND Larry Webb has requested an amended specific use permit. In 2005, City Council approved a zone change to GC -MD -2 and a specific use permit to allow a carwash. One of the requirements of the specific use permit was that a ten foot tall wood screening fence was to be constructed along the east and south sides of the property. The original concept for the carwash was to have a combination of an automatic carwash and a 4 - bay self-service carwash. The automatic carwash was all that was built. The purpose for the ten foot tall fence was to address concerns over noise. Mr. Webb states that because the self-service bays were never built, there have not been any complaints since the carwash was open. Mr. Webb says that the cost and problems of maintaining a ten foot tall fence out way the benefit. He states that the majority of the maintenance required on the fence is caused by tenants of the apartment complex backing into it, thereby weakening it and making the weight of the fence pull it down in places. Mr. Webb owns the property to the south of the car wash. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve an amended specific use permit to allow the demolition of a 10' tall wood screening fence along the east and south sides of the subject property as a requirement for a car wash in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 6365 Calder subject to the following conditions: An eight foot tall wood screening fence shall be installed along the east and south property lines of the subject property. The car wash must comply with the City storm requirements and Watershed Protection Ordinance. Hours of operation shall be from 7:00 a.m. - 10 p.m. BUDGETARYIMPACT None. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ODYSSEY CARWASH TO ALLOW THE DEMOLITION OF A 10' TALL WOOD SCREENING FENCE ALONG THE EAST AND SOUTH SIDES OF PROPERTY LOCATED IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT AT 6365 CALDER AVENUE. WHEREAS, on April 26, 2005, City Council approved Ordinance 05-041 issuing a specific use permit to Gulf Coast Car Wash Equipment, Inc. to allow a car wash on property located on the south side of Calder, 197' east of the intersection of Calder and Junker Road in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District, being the north 180' of Tract 1-B, Block 1, Langham Place Addition, City of Beaumont, Jefferson County, Texas, containing 0.62 acres, more or less, based on five conditions. One of those conditions required that a ten foot tall wood screening fence was to be constructed along the east and south sides of the property; and, WHEREAS, the applicant, Odyssey Carwash, wishes to amend the specific use permit to allow the demolition of the ten foot tall wood screening fence along the east and south sides of property in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 6365 Calder Avenue being Tract 1-13, Block 1, Langham Place Addition, City of Beaumont, Jefferson County, Texas, containing 0.62 acres, more or less, as shown on Exhibit' A," attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow the demolition of a ten foot tall wood screening fence along the east and south sides of property in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 6365 Calder Avenue; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That Ordinance 05-041 be amended by amending the specific use permit granted to Gulf Coast Car Wash Equipment, Inc., its legal representatives, successors, and assigns for that certain tract shown on Exhibit 'A" attached hereto and made a part hereof for all purposes, to allow the demolition of a ten foot tall wood screening fence along the east and south sides of property located at 6365 Calder Avenue subject to the following conditions: • An eight foot tall wood screening fence shall be installed along the east and south property lines of the subject property. • The car wash must comply with the City storm requirements and Watershed Protection Ordinance. • Hours of operation shall be from 7:00 a.m. - 10:00 p.m. Section 2. That notwithstanding the site plan attached hereto as Exhibit "B," the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 05-041 and the regulations contained in Chapter 28 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of February, 2011. -Mayor Becky Ames- l 2e07( 2--T: Request for an amended specific use permit to allow the demolition of a 10' [)od screening fence along the east and south sides of the subject property as a quirement for a car wash in a GC -MD -2 (General Commercial -Multiple Family welling -2) District. Location: 6365 Calder Applicant: Lar Webb o 200 pp h 1'3' I I � I Feet IAI EXHIBIT "A" «8„ ilSIHX3 L m C 0 a) L L_A N _ a) a) '0 �_ 0) N W 0 0 Co u Q. y a) 3as N C: O N rns- c M 0 'y a) c U w ca _ X a) C (a N G-0 _� 2LO O N O Q cn Z t�0 O N O N OL X (n 3 a) .0 0 O c0n O C N p cu L O 0 Z° 3 O pL fl - M 0 f0 c p m U W U� 3 m n Q c U- c�a OL_ 1 I ' N l I 1 t N ' Cl � ' «8„ ilSIHX3 O I 1 --- in M zo N X U- O !A U .. rT y.. -O U) a3 a) O =3L) L= O N Q O Q ca a) (a 0 a �' N v a) Q cn Z t�0 O N O N OL czU a) (n caa) a) X S E 0 OL L U O N L N C -p O> CL � V O C W U� 3 m n Q c ca U 1 1 En LO ' 1 LO I N 1 O I 1 --- in M zo N O TJ '� u u an � o En 03N N 15 C O rn a) �' cd U o on O O o O O O o srA~41 0 `~ 0 o. � o s~ p 0 O � U O 049 0 p P. s., Q Elm February 1, 2011 Consider a request for a specific use permit to allow for office space and parking for Nutrition and Services for Seniors in an RM -M (Residential Multiple Family Dwelling -Medium Density) District at 3840 Travis and 4590 Concord. RICH WITH OPPORTUNITY BEA,UMON* T • E • % • A • S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager C5'(� Chris Boone, Community Development Director February 1, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow for office space and parking for Nutrition and Services for Seniors in an RM -M (Residential Multiple Family Dwelling -Medium Density) District at 3840 Travis and 4590 Concord. RECOMMENDATION The Administration recommends approval of a specific use permit to allow for office space and parking for Nutrition and Services for Seniors in an RM -M (Residential Multiple Family Dwelling -Medium Density) District at 3840 Travis and 4590 Concord subject to the following conditions: Construct an 8' tall wood screening fence and 10' wide landscape strip along the north and northwest property lines of the subject property. The exit on Travis Street will be used for fire truck access only. BACKGROUND Elaine Shellenberger, representing Nutrition and Services for Seniors, has requested a specific use permit. Several years ago, City Council approved a zone change to RM -M for the property formerly addressed as 3840 Travis. Nutrition & Services for Seniors received this zone change in anticipation of expanding its facility sometime in the future. Nutrition & Services for Seniors plans to construct a 4,440 sq. ft. office building and an additional 47 parking spaces. The building will be used to house offices for the Meals on Wheels program and dispatchers for transportation. Access to the building will be off of Concord. The exit onto Travis will be used only for fire truck access as required by code. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 6:1 to approve a specific use permit to allow for office space and parking for Nutrition and Services for Seniors in an RM -M (Residential Multiple Family Dwelling -Medium Density) District at 3840 Travis and 4590 Concord subject to the following conditions: Construct an 8' tall wood screening fence and 10' wide landscape strip along the north and northwest property lines of the subject property. The exit on Travis Street will be used for fire truck access only. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR OFFICE SPACE AND PARKING IN A RM -M (RESIDENTIAL MULTIPLE FAMILY DWELLING - MEDIUM DENSITY) DISTRICT AT 3840 TRAVIS STREET AND 4590 CONCORD ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Nutrition and Services for Seniors has applied for a specific use permit to allow for office space and parking in a RM -M (Residential Multiple Family Dwelling - Medium Density) District at 3840 Travis Street and 4590 Concord Road, being Tracts 179 and 205, Plat D-14, A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 1.149 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow for office space and parking in a RM -M (Residential Multiple Family Dwelling -Medium Density) District at 3840 Travis Street and 4590 Concord Road; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow for an office and parking in a RM -M (Residential Multiple Family Dwelling- Medium Density) District at 3840 Travis Street and 4590 Concord Road, being Tracts 179 and 205, Plat D-14, A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 1.149 acres, more or less, as shown on Exhibit "A," attached hereto; and, is hereby granted to Nutrition and Services for Seniors, its legal representatives, successors and assigns, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - Ue 206 -P: Request for a specific use permit to allow for office space and parking for utrition and Services for Seniors in an RM -M (Residential Multiple Family Dwelling - Density) District. 3840 Travis and 4590 Concord pplicant: Nutrition and Services for Seniors . 0 100 200 I I I I Feet IAI EXHIBIT "A" sroiuesmisgmspup UD.WN lit t a - tz tEt JNlalifl9NOubla0dSM1 u �t a � }fit i ru rn C r7rr , I EXHIBIT "B" Z 9 t � * Approval subject to the following conditions: _- • Construct an 8' tall wood screening fence and 10' wide landscape strip along the north and northwest property lines of the subject property. , 0 The exit on Travis Street will be used for fire truck access only. II February 1, 2011 Consider a request for a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District at 1615 Park RICH WITH OPPORTUNITY IIEA,UMON* T- E- B- A- S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Gsf' Chris Boone, Community Development Director February 1, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District at 1615 Park. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District at 1615 Park subject to the following conditions: The applicant shall provide 34 parking spaces on the subject property or within 400' of the subject property or apply for and be granted a special exception to the parking requirement by the Board of Adjustment A 6' wide landscape strip will be required along the parking lot frontages on Park and Royal No cremations will be conducted at this facility and with a modification to the landscaping requirement along the south and east property lines (no 10' wide landscape strip). BACKGROUND James A. Curtis has requested a specific use permit. In 2007, City Council approved a specific use permit to allow a church at this address. The church never opened. Mr. Curtis is now wishing to operate a 125 seat funeral home on the subject property. Mr. Curtis states that in addition to the chapel, the facility will include a reception area, casket display room, preparation room, arrangement room and office space. Business hours will be from 9:00 a.m. - 5:00 p.m., Monday through Friday. On Saturday, the funeral home will be open from 9:00 a.m. - 12:00 p.m. Mr. Curtis states that hours will be extended during the week and on weekends from 6:00 p.m. - 9:00 p.m. for family visitation. Mr. Curtis is requesting a modification to the landscaping requirement along the south and east property lines. An 8' tall wood screening fence is proposed but the existing building and the proposed parking lot are too close to the property lines to install a 10' wide landscape strip. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 4:3 to approve a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District at 1615 Park subject to the following conditions: The applicant shall provide 34 parking spaces on the subject property or within 400' of the subject property or apply for and be granted a special exception to the parking requirement by the Board of Adjustment A 6' wide landscape strip will be required along the parking lot frontages on Park and Royal No cremations will be conducted at this facility and with a modification to the landscaping requirement along the south and east property lines (no 10' wide landscape strip). BUDGETARY IMPACT None. RICH WITH OPPORTUNITY 19 - N 1* INTEROFFICE MEMO COMMUNITY DEVELOPMENT T * E * $ 9 A * s PD 665/10 TO: City Council C FROM: Chris Boone, Community Development Director SUBJECT: 2073-P DATE: January 28, 2011 On January 24, 2011, the Planning Commission voted to recommend the approval of a specific use permit to allow a funeral home at 1615 Park subject to the following conditions: 1. The applicant shall provide 34 parking spaces on the subject property or within 400' of the subject property or apply for and be granted a special exception to the parking requirement by the Board of Adjustment. 2. A 6' wide landscape strip will be required along the parking lot frontages on Park and Royal. On January 27, 2011, James Curtis, the applicant, submitted a letter to the City stating that he would reduce the chapel seating to 80. This number of seats can be accommodated by the parking as shown on the submitted site plan. Therefore, Condition #1 can be deleted. Date: January 27, 2011 To: Stephen C. Richardson, Planning Manager From: James A. Curtis File: 2073-P Mr. Richardson this memo is in reference to file no. 2073-P, I am requesting to reduce my chapel seating to 80 members in the funeral home chapel. This will accommodate the parking that is required by the City of Beaumont. Thank you and your staff for considering the enclosed information in memo. Res ectfully, ames A. Curtis ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FUNERAL HOME IN A RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 1615 PARK STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, James A. Curtis has applied for a specific use permit to allow a funeral home in a RCR (Residential Conservation and Revitalization) District at 1615 Park Street, being the southwest 43' of Lot 3 and all of Lots 4-5, Block 8, Jersey Farm Addition, City of Beaumont, Jefferson County, Texas, containing 0.449 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a funeral home in a RCR (Residential Conservation and Revitalization) District at 1615 Park Street; 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; • The applicant shall provide 34 parking spaces on the subject property or within 400' of the subject property or apply for and be granted a special exception to the parking requirement by the Board of Adjustment • A 6' wide landscape strip will be required along the parking lot frontages on Park and Royal • No cremations will be conducted at this facility and with a modification to the landscaping requirement along the south and east property lines (no 10' wide landscape strip). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a funeral home in a RCR (Residential Conservation and Revitalization) District at 1615 Park Street, being the southwest 43' of Lot 3 and all of Lots 4-5, Block 8, Jersey Farm Addition, City of Beaumont, Jefferson County, Texas, containing 0.449 acres, more or less, as shown on Exhibit "A," attached hereto; and, is hereby granted to James A. Curtis, his legal representatives, successors and assigns, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, subject to the following conditions: • The applicant shall provide 34 parking spaces on the subject property or within 400' of the subject property or apply for and be granted a special exception to the parking requirement by the Board of Adjustment • A 6' wide landscape strip will be required along the parking lot frontages on Park and Royal • No cremations will be conducted at this facility and with a modification to the landscaping requirement along the south and east property lines (no 10' wide landscape strip). Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - IP: Request for a specific use permit to allow a funeral home in an RCR ntial Conservation and Revitalization) District. n: 1615 Park James A. Curtis L RCR 1:3 IaO 0 100 200 1 1 1 1 Feet 1Y1 LANGHAM ST I Legend ROYAL ST �o CA EXHIBIT "A" CRAIG ST C V M z z z a N -4 BUFORD ST IN IN RCR 36" RCP�I I II 15" RCP � MH 1 —� 15" RCP O+M "P H 3 MH PP• UJ ot I UJ . 0' 20' Lighted io ®=z1.s• Porch Royal Street (60' R.O.W.) East 163.10' (Called East 163.00') C � L�t 4 nI �I. Proposed 01 n / // Conc. Parking /Asphalt +=21.4' i 11 1 ingle Door One Story Brick F.F. Elev. Building .on =21.71' Conc. Slab 6,169 Sq. Ft. Elec. Serv. 1 IM East 77.04' (Called East 77.00') 1,, 20.3'=® •— Found rei I M— Fnd. "X" y M Volume 2, Page 97 M.R.J.C. West 43' � Iron Rod of Lot 3' o w ®— Spot Elev. 0 in 3� �^ ®=21.2' =12.41' M0 =19.82' �o �o N F.L. Elev. W z z MH 3— Rim Eley. - r =20.15' _ rrr 28.0 F.L. Elev. r 1, r v C:) o O� M 07 00 Lot 10 too Lot 8 Lot 7 Conc. 1057'08" W 163.01' I :alled West 163.00') Proposed 8' Wood Fence (Typ.) JVFOCEPY F&M QddK60n 0 0 Lot 2 Legend •— Found LED000 O OVuo U Iron Rod M— Fnd. "X" in Conc. Volume 2, Page 97 M.R.J.C. 0— Set 5/8" ' Iron Rod "Leap Eng." ®— Spot Elev. MH 1 — Rim Elev. 3� =20.41' F.L. Elev. =12.41' MH 2— Rim Elev. =19.82' F.L. Elev. =15.49' z z MH 3— Rim Eley. !y =20.15' F.L. Elev. r Site Plan The West 43' of Lot 3 together with all of Lots 4 and 5, Block No. 8 Jersey Farm Addition Owner Information: Carol Stephens, Trust C.F. No. 2003007450 O.P.R.J.C. Address: 804 Birdwell Lane Big Spring, TX 79720 (60' R.O.W.) EXHIBIT "B" ' 905 Orleans Beaumont, Texas 77701 Tel.(409) 813-1862 Fax, (409) 813-1916 CLIENT Jamas Curtis PROJECT LOCATION Wed 43' of Lot 3, togeftwifh all of Lob 4 and 5, Block 8, Jersey Farm Adam CITY COUNTY STATE Beaumont Jefferson Texas SITE ADDRESS: 1615 Park Street DATE JOB NUMBER FIELD BOOK SCALE 12/15/2010 235-1099 0271044 1 1'=4U © All rights reserved. This plat may not be reproduced in whole or in part without the written consent of LEAP Engineering LLC. LED000 O OVuo U =16.83 0 o Volume 2, Page 97 M.R.J.C. ' ^04 N 3� z z C 00 Lot 10 Lot 9 Lot 8 Lot 7 z— * Approval subject to the following conditions: : N • The applicant shall provide 34 parking spaces on the subject property or within 400' of the subject C for and be a special exception to the parking requirement by the Board of C property or apply granted N Adjustment • A 6' wide landscape strip will be required along the parking lot frontages on Park and Royal • No cremations will be conducted at this facility and with a modification to the landscaping requirement along the south and east property lines (no 10' wide landscape strip). Site Plan The West 43' of Lot 3 together with all of Lots 4 and 5, Block No. 8 Jersey Farm Addition Owner Information: Carol Stephens, Trust C.F. No. 2003007450 O.P.R.J.C. Address: 804 Birdwell Lane Big Spring, TX 79720 (60' R.O.W.) EXHIBIT "B" ' 905 Orleans Beaumont, Texas 77701 Tel.(409) 813-1862 Fax, (409) 813-1916 CLIENT Jamas Curtis PROJECT LOCATION Wed 43' of Lot 3, togeftwifh all of Lob 4 and 5, Block 8, Jersey Farm Adam CITY COUNTY STATE Beaumont Jefferson Texas SITE ADDRESS: 1615 Park Street DATE JOB NUMBER FIELD BOOK SCALE 12/15/2010 235-1099 0271044 1 1'=4U © All rights reserved. This plat may not be reproduced in whole or in part without the written consent of LEAP Engineering LLC. 1641 February 1, 2011 Consider a request for a specific use permit to allow a doctor's office in a PUD (Planned Unit Development) District at 6260 Delaware RICH WITH OPPORTUNITY 11EA,[1M0N* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager L SQ PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 1, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a doctor's office in a PUD (Planned Unit Development) District at 6260 Delaware. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a doctor's office in a PUD (Planned Unit Development) District at 6260 Delaware. BACKGROUND Talisman Development has requested a specific use permit. The proposed doctor's office will consist of a 53'x 123', 6,519 sq. ft., one story building and related parking. The office will utilize an existing driveway and parking area that were designed as part of the Stone Manor Planned Unit Development. Stone Manor is being developed with similar buildings and uses. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 6:0:1 to approve a specific use permit to allow a doctor's office in a PUD (Planned Unit Development) District at 6260 Delaware. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DOCTOR'S OFFICE IN A PUD (PLANNED UNIT DEVELOPMENT) DISTRICT AT 6260 DELAWARE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Talisman Development has applied for a specific use permit to allow a doctor's office in a PUD (Planned Unit Development) District at 6260 Delaware Street, being Lot 2, Stone Manor Addition, City of Beaumont, Jefferson County, Texas, containing 0.21 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a doctor's office in a PUD (Planned Unit Development) District at 6260 Delaware Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a doctor's office in a PUD (Planned Unit Development) District at 6260 Delaware Street, being Lot 2, Stone Manor Addition, City of Beaumont, Jefferson County, Texas, containing 0.21 acres, more or less, as shown on Exhibit "A" attached hereto; and, is hereby granted to Talisman Development, its legal representatives, successors and assigns, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - e2067- : Request for a specific use permit to allow a doctor's office in a PUD (Planned It Development) District. cation: 6260 Delaware Talisman Development, Inc. I 0 100 200 IP%l I i I I Feet EXHIBIT "A" «9„ 1181 HX:l U � Z W Z ti U O �Z WN Wco � W WWF O OZP Z C,- G --o o m O W o i U O`er OWN zEE h I O N� U w■■ I O I Z� Q2 i J' I zoo rc. W10 I �--------------------— — — — — — — — — — — — — T I ga NV I N — — I I an -09 mAW lOVMt 7Vn01S3M awv iry I C'OL7 $LN3MS34N1 7MO0— I I ,08,6E 3 ,LE,Ef:EO S .a 107 ONWMVd 31380AM ON11SDO Y \ ® a ,EZ,I 0 b � WSW 3 ® .Ea1 I •6 k e W 107 ONOILVd d13MOWD ONUSIN3 b h W Ism O H ? J h _ O � • � Ell N � P I • H 107 DAINUVd 31383NW ONIISDG SLIDU ■M .ZZMEO N l61yl�oftl ON 77G� i• w E February 1, 2011 Consider approving the closure of a portion of Main Street at the KCS Railroad righ-of-way RICH WITH OPPORTUNITY BEA,UMON* T - E - % - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager G)'\) PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 1, 2011 REQUESTED ACTION: Council consider the closure of a portion of Main Street at the KCS Railroad right-of-way. RECOMMENDATION The Administration recommends approval of the closure. BACKGROUND The City of Beaumont Public Works Department has requested the closure of a portion of Main Street at the KCS Railroad right-of-way. Main Street is already barricaded at the railroad. Patrick Donart, Public Works Director, states that the reason the City would like to permanently close Main Street is for the Port of Beaumont's rail project. By leaving the road temporarily closed, Kansas City Southern (KCS) would be required to upgrade the signals at this location. The proposed work would cost approximately $200,000. The City would retain the right from the railroad to re -open the road at a later date provided the signals are installed at that time. At a Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve the the closure of a portion of Main Street at the KCS Railroad right-of-way. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE CLOSING A PORTION OF MAIN STREET AT THE KCS RAILROAD RIGHT OF WAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a portion of Main Street at the KCS Railroad right-of-way, being a 0.13 acre portion of Main Street beginning at the east right-of-way line of the intersection of Main Street and the Kansas City Southern Railroad right-of-way and continuing in a southwesterly direction to the west right -of -way line of the intersection of Main Street and the Kansas City Southern Railroad right-of-way, City of Beaumont, Jefferson County, Texas, containing 0.13 acres, more or less, as described in Exhibit "A" and shown in Exhibit "B," attached hereto, be and the same is hereby closed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 0.13 acre portion of Main Street beginning at the east right-of-way line of the intersection of Main Street and the Kansas City Southern Railroad right-of-way and continuing in a southwesterly direction to the west right -of -way line of the intersection of Main Street and the Kansas City Southern Railroad right-of-way, City of Beaumont, Jefferson County, Texas, containing 0.13 acres, more or less. N • EXHIBIT "B" SCALE : 1"=100' 10 February 1, 2011 Consider the abandonment of a 337.66' unimproved portion of Avenue RICH WITH OPPORTUNITY [IEA,UMON* T • E • % • A • S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager 610 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 1, 2011 REQUESTED ACTION: Council consider the abandonment of a portion of Avenue F. RECOMMENDATION The Administration recommends approval of the abandonment. BACKGROUND Michael Alfred has requested the abandonment of a portion of Avenue F. Michael Alfred has applied for the abandonment of a 337.66' unimproved portion of Avenue F. This section of Ave. F is located adjacent to Mr. Alfred's property in the Cartwright Addition. Mr. Alfred recently enclosed a portion of his property with a fence in order to store landscaping materials. In addition to this abandonment request, Mr. Alfred has also requested that Tracts II and III be rezoned from LI to GC -MD. It is his intention to construct a convenience store and a laundromat on part of the property. At a Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve the abandonment of a portion of Avenue F. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A PORTION OF AVENUE F IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a portion of Avenue F, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Beginning at a'/2" iron rod found for the northwest comer of Lot 1, Block 22, of the Arlington Addition, a plat recorded in Volume 1, Page 70, of the Jefferson County Map Records; said iron rod being on the east line of a 100 foot railroad right of way; Thence North 27°28'00" West (called North 27°28' West) along the said east line of a 100 foot railroad right of way, a distance of 197.90 feet to a 1/2" iron rod set and capped "FAUST" at the intersection of the said east line of the 100 foot right of way with the west line of said Avenue F; said iron rod being an angle point on the west line of the herein described tract; Thence North (called North) along the said west line of Avenue F and the east line of Division G of the Cartwright Addition, a plat recorded in Volume 1, Page 137 of the Jefferson County Map Records, a distance of 140.80 feet to a 1/2" iron rod set and capped "FAUST" for the northwest corner of the herein described tract; Thence East, a distance of 60.00 feet to a 5/8" iron rod found for the southwest corner of a tract conveyed to Alex Thomas, Jr. having a Jefferson County Appraisal District Tax ID No. of 011100-000-00310-00000-0; said iron rod being the nortwest corner of Tract III of a conveyance to Garden of Gethsemane Nursery and Landscaping, LLC described in Clerk's File # 2009042842 of the Jefferson County Real Property Records and being the northeast corner of the herein described tract; Thence South (reference bearing) along the east line of said Avenue F being the west line of said Tract III, a distance of 201.84 feet to a %2" iron rod found for the southwest corner of said Tract III, the northwest corner of Tract II of a conveyance to Garden of Gethsemane Nursery and Landscaping, LLC described in Clerk's File # 2009042842 of the Jefferson County Real Property Records; said iron rod being an angle point in the east line of said Avenue F and the herein described tract; Thence South (called South) along the said east line of Tract II being the east line of Avenue F, a distance of 1.45 feet to a %" iron rod found for an angle point in the west line of said Tract II and an angle point in the east line of Avenue F; said iron rod being an angle point in the east line of the herein described tract; Thence South 26°20'46" East (called South 27°28' East) along the said east line of said Avenue F and the west line of said Tract 11, a distance of 117.61 feet (called 117.9 feet) to a 5/8" iron rod found for the southwest corner of said Tract I1 and the northwest corner of an abandoned alley described in Clerk's File # 2005008153 of the Jefferson County Real Property Records; Thence South 26°20'46" East (called South 27°28' East) along the said east line of said Avenue F and the west line of said abandoned alley, a distance of 4.89 feet to a 1/2" iron rod set and capped "FAUST" on the north line of said Lot 1 for the southwest corner of EXHIBIT "A" the said abandoned alley and the southeast corner of Avenue F; said iron rod being the southeast corner of the herein described tract; Thence South 81'48'40" West (called Southwesterly) along the said north line of Lot 1 and the south line of Avenue F, a distance of 23.33 feet to POINT OF BEGINNING and containing 0.32 acres of land, more or less. Of LINE DISTANCE BEARING L1 73.08' N 27"28'00" W L2 90.59' N 81.48'40' E L3 50.00' N 81.48'40" E L4 85.79' N 08"18'13" W L5 50.69' N 99'59'18" W L6 78.56' N 08'11'20" W L7 67.15' S 89'59'f8" F. L8 99.82' S 89"59'18" E L9 50.68' S 89'47'51" E CLIENT: GARDEN OF GETHSEMANE NURSERY AND LANDSCAPING LLC J J NOW OR FORMERLY NOW OR FORMERLY ALEX THOMAS ✓R. JCAD ACCOUNT MICHAEL L. MCKINLEY ET UX #Of1100-000-003100-00000-0 FILM CODE #103-63-1277 JCOPR FOUND 5/8" IRON ROD S 89°4603" E 150.43' JJJ---FOUND 1 2" / IRON PI E (CALLED EAST 150') B L 0 C K 2 NOW OR FORMERLY TYRANN DENISE LEVISE CLERK'S FILE #199845963 JCRPR CARTWRIGHT ADDITION VOLUME 1. PACE 137. JCMR O `0 NOW OR FORMERLY MICHAEL L. MCKINLEY ET UX . o CLERKS FILE #9336210 w JCRPR �mg TRACT III u o 0.69 ACRES �j VACANT TRACT o c NOW OR FORMERLY JOSEPH P. COMEAUX p JCAD ACCOUNT O #011100-000-002100-00000-1 co D I V I S 10 N "F" NOW OR FORMERLY F UND 5/8" JOSEPH P k ELLA COMEAUX IRON ROD CLERKS FILE #2007047325 P.O.B TRACT If/ ,S 89°27' 24" W 150.08' JCRPR NORTH 1.45' (CALLED WEST 150') (CALLED NORTH f.45') N 89°27'24" E 150.08' ` SET i/2" 2 (CALLED EAST 150') FOUND r/2" IRON ROb IRON ROD P.O.B TRACT 11 T COMFOR �N TRNCINACT III NOW OR FORMERLY TRACT II C, O� w a REME ✓0 SPlVEY N 0.29 ACRESm CLERKS FILE #ZO04047293 CRPR VACANT TRACT >, ro ABANDONED ALLEY CLERK'S FILE #2005008153, JCRPR 3 °_;6' 98.89' SET 1/2" 81 ° q 8' 40 W 100') IRON ROD S SOUTHWESTERLY FOUND IRON ARLINGTON ADDITION 5 OD VOLUME 1. PACE 70, JCMR LZ B L 0 C K 2 2 SET 1?f TRACT I IRON koD oD VACANT TRACT L 0 T 3 LOT 1 LOT 2 r LOT 4 LOT 5 NOTE: r THERE ARE NO EASEMENTS LISTED WITHIN SCHEDULE "B" OF THE TITLE COMMITMENT ISSUED ON OCTOBER 12. 2009. L7 LS L8 L9 f SURVEY SET f/2" FOUND 1/2" SET f/2" FOUND 1�2 FOUND Y/2"-� IRON ROD IRON PIPE IRON ROD IRON PIPE IRON PIPE WASHINGTON BOULEVARD (R.O.W. UNKNOWN) W11 RD 'o" NEW CONIENCE STORE AND WASHATERIA DESIGN / BUILDER FOR 'm w" fE0PJum Avm MICHAEL ALFRED CONSTRUCTIONZONE r� (4ay-7:a-as7 s E�► rExns XAS EXHIBIT "B" BEAUMONT, TE 11 February 1, 2011 Consider the abandonment of a portion of Cheek Street and the remainder of Alabama Street east of University Drive RICH WITH OPPORTUNITY BEA,UMON* T • E • % • A • S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager (—)o Chris Boone, Community Development Director February 1, 2011 Council consider the abandonment of a portion of Cheek Street and the remainder of Alabama Street east of University Drive. RECOMMENDATION The Administration recommends approval subject to the following conditions: The entire abandoned rights-of-way shall be retained as access and utility easements. No appurtenances shall be built within the abandoned rights-of-way. Any gates installed across the access easements shall be approved by the City of Beaumont Fire Department. BACKGROUND Mark Whiteley and Associates, Inc. representing Lamar University, has requested the abandonment of a portion of Cheek Street and the remainder of Alabama Street east of University Drive. Mr. Whiteley states that the purpose of the abandonments is to allow Lamar University greater control over the boundaries and limits of their campus. The abandonments will allow for the placement of electronically actuated gates at selected locations to control entrances and exits to student areas of the campus and to provide a safer environment for student vehicles and the dormitories. At a Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve the abandonment of a portion of Cheek Street and the remainder of Alabama Street east of University Drive, subject to the following conditions: The entire abandoned rights-of-way shall be retained as access and utility easements. No appurtenances shall be built within the abandoned rights-of-way. Any gates installed across the access easements shall be approved by the City of Beaumont Fire Department. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A PORTION OF CHEEK STREET AND THE REMAINDER OF ALABAMA STREET EAST OF UNIVERSITY DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a portion of Cheek Street and the remainder of Alabama Street east of University Drive, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned subject to the following conditions: • The entire abandoned rights-of-way shall be retained as access and utility easements. • No appurtenances shall be built within the abandoned rights-of-way. • Any gates installed across the access easements shall be approved by the City of Beaumont Fire Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Cheek Street - Being a 933.70' portion of Cheek Street beginning at the north right of way line of the abandoned Georgia Street and continuing in a southerly direction a distance of 933.70' to the northeast property line of the University Drive Condominiums (Vol. 2, Pg. 159-160, CRJC), City of Beaumont, Jefferson County, Texas, containing 1.28 acres, more or less. Alabama Avenue - Being a 0.2324 acre tract or parcel of land situated in the J. W. Bullock Survey, Abstract No. 7, Jefferson County, Texas and being a portion of the right of way of Alabama Avenue (based on a width of 60 feet), and also being a portion of a 20 feet wide formerly unnamed road and being out of and part of that certain called 10,455.2 square feet tract of land as described in a deed from B. L. Sauls and wife, Wilmer Sauls to The City of Beaumont as recorded in Volume 1864, Page 428 Deed Records, Jefferson County, Texas, said 0.2324 acre tract being more particularly described as follows: NOTE: All bearings are based on the Easterly line of Lots 10 and 11, Block 18 of said Lamar Addition as SOUTH 00°00'00" WEST as recorded in Volume 6, Page 75 Records, Jefferson County, Texas. BEGINNING at a 5/8" iron rod found for the most Northwesterly corner of that certain tract of land as described in a deed to Lamar University as recorded in Volume 1318, Page 554 Deed Records, Jefferson County, Texas and also being in the East right of way of University Drive (width varies), the same being the East right of way of the formerly unnamed road and being in the South right of way of the proposed abandoned section of Alabama Avenue (based on a width 60 feet); THENCE SOUTH 00008'20" EAST, along the East right of way of University Drive, for a distance of 102.00 feet to a 5/8" iron rod with cap found for corner, said corner also being the beginning of a curve turning to the left having a radius of 397.35 feet and being subtended by a chord bearing NORTH 38°09'30" WEST having a chord length of 32.49 feet; THENCE NORTHWESTERLY, along said curve to the left and the proposed East right of way of the proposed abandoned section of University Drive, for an arc distance of 32.50 feet to a 5/8" iron rod set for corner, said corner also being the beginning of a curve turning to the right having a radius of 261.79 feet and being subtended by a chord bearing NORTH 32°50'56" WEST having a chord length of 69.72 feet; THENCE NORTHWESTERLY, along said curve to the right and the proposed East right of way to the proposed abandoned section of University Drive, for an arc distance of 69.93 feet to a 5/8" iron rod set for corner; THENCE NORTH 00004'49" WEST, along the proposed East right of way of the proposed abandoned section of University Drive, for a distance of 77.74 feet to a 5/8" iron rod set for EXHIBIT "A" LEGAL DESCRIPTION continued corner, said corner being in the South line of that certain tract of land as described in a Judgement of Court in Absence of Objection from Raghavender Rao Badami, et al to Lamar University as recorded in Clerk's File No. 2004010058 Official Public Records, Jefferson County, Texas, said corner also being in the North right of way of the proposed abandoned section of Alabama Avenue; THENCE NORTH 89°51'40" EAST, along and with the North right of way of the proposed abandoned section of Alabama Avenue, for a distance of 107.76 feet to a 5/8" iron rod found for corner, said corner being the common South corner of Lots 20 and 21, Block 15 of the said Lamar Addition, said corner also being in the West line of the previously abandoned section of Alabama Avenue; THENCE SOUTH 00004'49" EAST, along and with the West line of the previously abandoned section of Alabama Avenue, for a distance of 60.05 feet to a 5/8" iron rod found for corner, said corner being the common North corner of Lots 1 and 2, Block 18 of the said Lamar Addition; THENCE SOUTH 89°55'11 " WEST, along the South right of way of the proposed abandoned section of Alabama Avenue, for a distance of 50.00 feet to the POINT OF BEGINNING and containing 0.2324 acres, more or less. 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WO Zti O a ru O a: Z) O N W o i ,9�'�0 T uj 3„0�', T9.69N' w'z' } ULU C!, z_� w""wm m cs ; ppU � OW-� W W o I U DC) WOE log Wui I Z x n W � 3 U YOZuj aj O W~ 12 February 1, 2011 Consider amending Ordinance 11-004 to change the Early Voting location previously selected for Ward I, and changing the Election Day polling location for Precincts 28 and 92 RICH WITH OPPORTUNITY BEAUMON* T * E • 8 • A. • S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Ap- Tina Broussard, City Clerk February 1, 2011 Council consider an ordinance amending Ordinance 11-004 to change the Early Voting location previously selected for Ward I, and changing the Election Day polling location for Precincts 28 and 92 RECOMMENDATION Administration recommends revising Ordinance 11-004 to change the previously approved Early Voting polling location for Ward I and Election Day polling location for Precincts 28 and 92. BACKGROUND Council passed Ordinance 11-004 on January 25, 2011, to call the May 14, 2011 General Election to order. The previously approved polling location for Early Voting in Ward I was Calvary Baptist Church, 3650 Dowlen Rd., Beaumont, TX. The previously approved Election Day polling location for Precincts 28 and 92 was the First Baptist Church, 7301 Blewett Rd., Beaumont, TX. Due to these two facilities retracting their verbal commitment to the City of Beaumont, the following locations have been secured in their stead. The revised Early Voting location for Ward I will be as follows: Ward I BISD Administration Bldg. 3395 Harrison Beaumont, TX 77703 The revised Election Day polling location for Precincts 28 and 92 will be as follows: Pct. 28, 92 Jefferson County Pct. 4 Service Center 7780 Boyt Rd. Beaumont, TX 77713 •iD ,G\ To AN ORDINANCE AMENDING ORDINANCE NO. 11-004 BY CHANGING THE EARLY VOTING LOCATION PREVIOUSLY SELECTED FOR WARD I AND BY CHANGING THE ELECTION DAY POLLING LOCATION FOR PRECINCTS 28 AND 92. WHEREAS, on January 25, 2011, Council passed Ordinance No. 11-004 to call the May 14, 2011 General Election; and, WHEREAS, the previously approved polling location for Early Voting in Ward I was Calvary Baptist Church, 3650 Dowlen Road, Beaumont, Texas; and, WHEREAS, the previously approved Election Day polling location for Precincts 28 and 92 was First Baptist Church, 7301 Blewett Road, Beaumont, Texas; and, WHEREAS, the above referenced facilities have rescinded their verbal commitment to the City of Beaumont for the use of the locations for voting purposes; and, WHEREAS, the revised Early Voting location for Ward I will be the BISD Administration Building, 3395 Harrison Avenue, Beaumont, Texas; and, WHEREAS, the revised Election Day polling location for Precincts 28 and 92 will be the Jefferson County Pct. 4 Service Center, 7780 Boyt Road, Beaumont, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Ordinance No. 11-004 be and the same is hereby amended to reflect the revised Early Voting location for Ward I will be the BISD Administration Building, 3395 Harrison Avenue, Beaumont, Texas; and, THAT the revised Election Day polling location for Precincts 28 and 92 will be the Jefferson County Pct. 4 Service Center, 7780 Boyt Road, Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of February, 2011. - Mayor Becky Ames - 13 February 1, 2011 Consider approving a change order related to the Cattail Marsh Constructed Wetland Rehabilitation Project RICH WITH OPPORTUNITY BEA,UMO T• E - X• A - S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Hani Tohme, P.E., Director of Water Utilities 4Z February 1, 2011 Council consider authorizing the City Manager to increase the Cattail Marsh Constructed Wetland Rehabilitation Project amount. RECOMMENDATION The Administration recommends approval of increasing the contract with Brystar Contracting, Inc. of Beaumont for the Cattail Marsh Constructed Wetland Rehabilitation Project by the amount of $188,137.97. This increase will furnish the necessary additional 33,987 plants to vegetate several areas of the wetlands. The number of plants was reduced from 468,414 plants to 125,000 in Change Order No. 1. Plant distribution may include planting of entire cells or small areas at the specified density. Direct supply of all plant plugs from commercial nursery stock is authorized. Also included in this change order is the construction of a reinforced concrete foundation for a 60' new steel frame bridge, including a Texas Department of Transportation (TxDOT) approved guardrail system at the discharge canal of the wetlands. The bridge will be blasted and epoxy painted. This increase in cost is also for extra work required to physically remove invasive plants that are detrimental to the growth of wetland vegetation, as well as providing additional filter fabric to stabilize the field road subgrade as soft areas are discovered. The proposed extra work will represent an increase of 1.94% and a total decrease of 23.45% to the original contract amount. BACKGROUND The wetlands have undergone major physical, chemical, and biological changes since they were built in 1990. These changes prohibit the wetlands from meeting the design criteria and discharge limits set by the Texas Commission on Environmental Quality (TCEQ). The Water Utilities Department has negotiated and agreed upon a 4.5 -year waiver with the TCEQ regarding discharge limits provided the City rehabilitates the wetlands. The waiver protects the City from fines that can be issued by the TCEQ as a penalty for permit limit excursions. The change order proposed by the City does not compromise the agreement with the TCEQ nor the integrity of the design. Cattail Marsh Constructed Wetland Rehabilitation February 1, 2011 Page 2 of 2 Previous actions include: Resolution 07-369 in the amount of $12,894,000.00 was passed by City Council on November 6, 2007. Resolution 07-369 in the amount of ($3,212,387.72) was passed by City Council on November 6, 2007. BUDGETARY IMPACT Funds for the project are provided by the Capital Program. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. Twos DATE: January 26, 2011 PROJECT: City of Beaumont, Texas Cattail Marsh Constructed Wetland Rehabilitation OWNER: City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: Brystar Contractors, Inc. 8385 Chemical Road Beaumont, Texas 77705 TO THE OWNER: Approval of the following contract change is requested. Reason for Change. To increase number of plants, install a steel frame bridge, remove invasive plant species, and supply additional materials. No correction in contract time (additional work days) is required in conjunction with this change. ORIGINAL CONTRACT AMOUNT: S12.894.000.00 AMOUNT OF CHANGE ORDER No. 1 ($3,212,387.72) REVISED CONTRACT AMOUNT PER PREVIOUSLY APPROVED CHANGE ORDER No. 1 $9,681,612.28 THIS CHANGE ORDER Description: Net Change Bid Item No. 3, increase the quantity of plants specified in Section 02806, Table 1 AS MODIFIED BY CHANGE ORDER NO. 1 from 125,000 to 225,000. Required species shall be restricted to the species listed in Section 02806. Plant $87,006.72 distribution may include planting o%entire cells or small meas at the specified density. Direct supply of all plugs from commercial nursery stock is authorized. Furnish all necessary Labor, Equipment, Materials and Supervision to construct a 60 foot long steel frame bridge at the existing discharge canal. Cost includes the construction of two (2) concrete foundations, the bridge delivered and set in place, $54,517.00 the installation of 150 LF of TxDOT approved galvanized guard tail, and the blasting and epoxy coating of the bridge prior to installation. Furnish all necessary Labor, Equipment, Materials and Supervision to remove invasive plant species from the waterways and wetland cells as areas of $41,997.00 accumulation develop. Furnish additional filter fabric to stabilize the field road subgrade as soft areas are $4,617.25 discovered. TOTAL AMOUNT OF THIS CHANGE ORDER: $188.137.97 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: 59,869,750.25 CONTRACT TIME Additional Time (Days) Requested/Granted: 0 Calendar Days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Alan Plummer Associates, Inc. City of Beaumont Engineer Owner Date: Date: C:VJmiemm 2701MI.v.i1, Accepted by: Brystar Contracting, Inc. Contractor Date: RESOLUTION NO. WHEREAS, on November 6, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-369 awarding a contract in the amount of $12,894,000 to Brystar Contracting, of Beaumont, Texas, for the Cattail Marsh Constructed Wetland Rehabilitation Project; and WHEREAS, on November 6, 2007 the City Council of the City of Beaumont, Texas passed Resolution No. 07-369 for Change Order No. 1 in the amount of ($3,212,387.72), thereby decreasing the contract amount to $9,681,612.28; and WHEREAS, Change Order No. 2 in the amount of $188,137.97 is required to increase the number of plants, install a steel frame bridge, remove invasive plant species, and supply additional materials, thereby increasing the contract amount to $9,869,750.25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute Change Order No. 2 for additional work described above, thereby increasing the contract amount by $188,137.97 for a total contract amount of $9,869,750.25. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - 14 February 1, 2011 Consider approving a change order related to the Waterline Installation of Large Diameter Main Bores Contract I Project RICH WITH OPPORTUNITY BEA,IIMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani Tohme, P.E., Director of Water Utilities 4 V— MEETING DATE: February 1, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to increase the Waterline Installation of Large Diameter Main Bores Contract I Project amount. RECOMMENDATION The Administration recommends approval of increasing the contract with Allco, Ltd., of Beaumont for the Waterline Installation of Large Diameter Main Bores Contract I Project by the amount of $137,368.00. This cost increase is for the extra work required to deepen and lengthen Bore Location No. 1 under Hwy 90 along Keith Road to avoid an wastmR pipeline and other underground obstructions. This cost increase is also for the extra work needed at Bore Location No. 3 at the intersection of Keith Road and Phelan Boulevard to avoid several existing pipelines encountered during construction. These costs include additional labor, materials, equipment and trench safety shoring systems in order to complete these bores. The proposed extra work will represent an increase of 21.59% to the original contract amount. BACKGROUND The primary goals of this project are to supply adequate fire protection to the Municipal Airport located on Keith Road and to loop the water system to provide high quality uninterrupted water service to area customers. Previous actions include: Resolution 09-146 in the amount of $636,301.00 was passed by City Council on May 19, 2009. BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. One DATE: January 26, 2011 4 ROJECT: City of Beaumont, Texas Large Diameter Main Bores Contract I OWNER: City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: Allco, Ltd. P.O. Box 3684 Beaumont, Texas 77704 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: To provide additional work due to unforseen field conditions encountered in the installation of a 16" water main along Keith Road. ORIGINAL CONTRACT AMOUNT: THIS CHANGE ORDER Description: Furnish all necessary Labor, Equipment, Materials, and Supervision to deepen and lengthen Bore Location No. I under Hwy 90 along Keith Road to avoid an existing pipeline and other underground obstructions. Furnish all necessary Labor, Equipment, Materials, and Supervision to modify Bore Location No. 3 at the intersection of Keith Road and Phelan Boulevard to avoid several existing pipelines. TOTAL AMOUNT OF THIS CHANGE ORDER WTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: CONTRACT TIME Original Contract Time: 120 Calendar Days Additional Time Previously Requested: 0 Calendar Days Time Requested per this Change Order. 30 Calendar Days Revised Contract Time per this Change Order: 150 Calendar Days $ 636,301.00 Net Change $ 127,046.00 $ 10,322.00 $ 137,368.00 S 773,669.00 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: City of Beaumont Engineer Date: C� Accepted by: City of Beaumont Allco, Ltd. Owner Contractor Date: Date: C:OocumdW . W SOW*&W VW*" l -1h Roed a—P OrdmwAmye Ord. No. 10201201 Lw RESOLUTION NO. WHEREAS, on May 19, 2009, the City Council of the City of Beaumont, Texas, passed Resolution No. 09-146 awarding a contract in the amount of $636,301 to Allco, Ltd., of Beaumont, Texas, for the Waterline Installation of Large Diameter Main Bores Contract I Project; and, WHEREAS, Change Order No. 1 in the amount of $137,368 is required to provide additional work due to unforseen field conditions encountered in the installation of the 16" water main along Keith Road, thereby increasing the contract amount to $773,669; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and That the City Manager be and he is hereby authorized to execute Change Order No. 1 in the amount of $137,368, thereby increasing the contract amount to $773,669. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of February, 2011. - Mayor Becky Ames - 15 February 1, 2011 Consider approving the purchase of Work Management Software for use by the Water Utilities Department RICH WITH OPPORTUNITY BEAUMO N* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager � PREPARED BY: Laura Clark, Chief Financial Officertl" MEETING DATE: February 1, 2011 REQUESTED ACTION: Council consider approving the purchase of Work Management Software for use by the Water Utilities Department. RECOMMENDATION The administration recommends approval of the purchase of the system from GBA Master Series, Inc. (gba MS), of Overland Park, Kansas, in the amount of $108,625. BACKGROUND In April, 2010, Council approved the purchase of the gbaMS system for the Streets and Drainage and 311 Divisions. The system replaced the previous work management and inventory system at Streets and Drainage which was obsolete and did not integrate with the 311 system. Both Streets and Drainage and 311 are operating successfully on the new system. Pricing for the additional modules for the Water Department was obtained from gbaMS as the sole source for this integrated system. Features of the new system include the ability to integrate with the 311 Service Call system and to manage incoming calls and work requests and to build work orders. The system monitors the status of work orders and collects detailed history and information concerning service requests. Additional software modules to be used by the Water Utilities Department include bar coding for warehouse inventory, CCTV Import, GIS integration and Phase I of mobile computers for Water Utilities supervisors. BUDGETARY IMPACT Funds are available in the Water Department Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of Work Management Software from GBA Master Series, Inc., of Overland Park, Kansas, in the amount of $108,625. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of February, 2011. - Mayor Becky Ames - WORKS SSION * Review and discuss the process related to issuing municipal debt