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HomeMy WebLinkAboutPACKET JAN 28 2003 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 28,2003 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item 2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from A-R(Agricultural-Residential) to GC- MD (General Commercial-Multiple Family Dwelling)District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for a 28.09 acre tract of land located 100' south of the southeast corner of Folsom and Major Drive 2. Consider a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-III amount for"extra work" COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE OR PUBLIC SESSION * Consider matters related to appointment, employment, evaluation,re-assignment, duties, discipline or dismissal of a public officer or employee in accordance with Section 551.074 of the Government Code: Specifically: City Clerk 3. Consider action concerning the position of City Clerk Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 January 28,2003 Consider a request for a zone change from A-R (Agricultural-Residential) to GC-MD (General Commercial-Multiple Family Dwelling)District and GC-MD-2(General Commercial-Multiple Family Dwelling-2) District for a 28.09 acre tract of land located 100' south of the southeast corner of Folsom and Major Drive :Uff Cit y of Beaumont Council Agenda Item .M K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: January 28, 2003 AGENDA MEMO DATE: December 18, 2002 REQUESTED ACTION: Council consider a request for a zone change from A-R(Agricultural- Residential) to GC-MD (General Commercial-Multiple Family Dwelling) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for a28.09 acre tract of land located 100' south of the southeast corner of Folsom and Major Drive RECOMMENDATION The Administration recommends approval of a zone change from A-R(Agricultural-Residential)to GC-MD (General Commercial-Multiple Family Dwelling) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for a 28.09 acre tract of land located 100' south of the southeast corner of Folsom and Major Drive. BACKGROUND Sam C.Parigi is requesting the rezoning of 28.09 acres of land at the southeast corner of Major Drive and Folsom Drive. On Folsom,the property runs along the south side of a DD#6 drainage ditch for a distance of 1,008 feet. The subject property has 2,027 feet of frontage along Major. This property is part of a 205 acre tract that is to be developed with commercial and residential uses and an elementary school site. At the joint Public Hearing,Mr.Parigi agreed to a 100'wide strip of GC-MD-2 zoning along the rear of the subject property. The remainder of the property would be rezoned to GC-MD. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held December 16, 2002, the Planning Commission voted 7:0 to approve the rezoning of a 100'wide strip along the rear of the subject property to GC- MD-2 and the rest of the property to GC-MD. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from A-R(Agricultural-Residential)to GC-MD(General Commercial-Multiple Family Dwelling) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for a 28.09 acre tract of land located 100'south of the southeast corner of Folsom and Major Drive. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED A-R (AGRICULTURAL- RESIDENTIAL) TO GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT AND GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED ONE-HUNDRED (100) FEET SOUTH OF THE SOUTHEAST CORNER OF FOLSOM AND MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as A-R (Agricultural-Residential) to GC-MD (General Commercial-Multiple Family Dwelling)District and GC-MD-2(General Commercial-Multiple Family Dwelling-2) District for property located one-hundred (100) feet south of the southeast corner of Folsom and Major Drive, Hezekiah Williams Survey, Abstract No. 56, City of Beaumont, Jefferson County, Texas, containing 28.9 acres, more or less, as described on Exhibits"A," "B," and "C" and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. The property changed from A-R zoning to GC-MD-2 is that property within Exhibit "A" containing 1.6937 acres and that property containing 3.5527 acres as shown on the map attached as Exhibit"C." The remainder of the property described in Exhibit "A" is changed to GC-MD zoning. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of January, 2003. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Legal Description: 5.9427 Acre Tract or Parcel of Land Hezekiah Williams Survey, Abstract No. 56 Jefferson County, Texas BEING a 5.9427 acre tract or parcel of land situated in the Hezekiah Williams Survey,Abstract No. 56 and being out of and part of that certain called 209.2045 acre tract of land as described in a "Special Warranty Deed"from Amoco Production Company to Delaware Extension Development, Ltd.as recorded in Clerk's File No.2000047669,Official Public Records of Real Property,Jefferson County, Texas, said 5.9427 acre tract being more particularly described as follows: NOTE: All bearings are based on the Southwesterly line of that certain called 300.00 acre tract of land, identified as Tract 1, as conveyed by Amoco Production Company to Jefferson County Drainage District No. 6 as recorded in Film Code No. 104-01-0353, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 62*14'12"EAST. BEGINNING at an iron rod with a Texas Department of Transportation aluminum cap found for the Southwest corner of the tract herein described, said corner also being the most Westerly Southwest corner of the said 209.2045 acre Delaware Extension Development, Ltd. tract and also being the Northwest corner of that certain called 8.66 acre tract of land as conveyed by Amoco Production Company to Scott Monroe as recorded in Clerk's File No. 98-9844412, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the East right-of-way line of F.M. Highway 364 (also known as Major Drive); THENCE NORTH 00°01'04" EAST, along and with the East right-of-way line of F.M. Highway 364, for a distance of 727.27 feet to a point for corner, said corner being the intersection of the East right-of-way line of F.M. Highway 364 and the South right-of-way line of the proposed Fairfield Avenue; THENCE SOUTH 89°58'56" EAST, along and with the South right-of-way line of Fairfield Avenue, for a distance of 200.00 feet to a point for corner, said point also being the beginning of a curve concave to the North having a radius of 1000.00 feet and a central angle of 5'43'54" and being subtended by a chord which bears NORTH 87°12'58" EAST 99.99 feet; THENCE EASTERLY,along said curve and with the South right-of-way line of Fairfield Avenue, for a distance of 100.04 feet to a point of reverse curvature; THENCE EASTERLY,continuing along and with the South right-of-way line of Fairfield Avenue, for a distance of 55.27 feet along the arc of said curve concave to the South having a radius of 1000.00 feet and a central angle of 3'l 0'0 1" to a point for corner; EXHIBIT "A" THENCE SOUTH 00°01'04"WEST,parallel and at aperpendicular distance of 100 feet to the West line of the said proposed Fairfield Phase I, for a distance of 736.84 feet to a point for corner, said corner being in the most Northerly South line of the said 209.2045 acre Delaware Extension Development,Ltd. tract and in the North line of the said 8.66 acre Monroe tract; THENCE NORTH 89°51'43"WEST,for the boundarybetween the tract herein in described and the said 8.66 acre Monroe tract,the same being the most Northerly South line of the said 209.2045 acre Delaware Extension Development, Ltd. tract, for a distance of 355.00 feet to the POINT OF BEGINNING and containing 5.9427 ACRES, more or less. Legal Description: 16.9047 Acre Tract or Parcel of Land Hezekiah Williams Survey, Abstract No. 56 Jefferson County, Texas BEING a 16.9047 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56 and being out of and part of that certain called 209.2045 acre tract of land as described in a "Special Warranty Deed"from Amoco Production Company to Delaware Extension Development, Ltd.as recorded in Clerk's File No.2000047669,Official Public Records ofReal Property,Jefferson County,Texas,and being all of that certain called 0.60 acre tract of land as described in a"Quitclaim Deed"from Amoco Production Company to Delaware Extension Development,Ltd. as recorded in Clerk's File No. 2000047670, Official Public Records of Real Property, Jefferson County, Texas, said 16.9047 acre tract being more particularly described as follows: NOTE: All bearings are based on the Southwesterly line of that certain called 300.00 acre tract of land, identified as Tract 1, as conveyed by Amoco Production Company to Jefferson County Drainage District No. 6 as recorded in Film Code No. 104-01-0353, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 62'14'12"EAST. COMMENCING at an iron rod with a Texas Department of Transportation aluminum cap found for the most Westerly Southwest corner of the said 209.2045 acre Delaware Extension Development, Ltd. tract and also being the Northwest corner of that certain called 8.66 acre tract of land as conveyed by Amoco Production Company to Scott Monroe as recorded in Clerk's File No. 98- 9844412, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the East right-of-way line of F.M. Highway 364 (also known as Major Drive); THENCE NORTH 00°01'04" EAST, along and with the East right-of-way line of F.M. Highway 364, passing at a distance of 727.27 feet the intersection of the East right-of-way line of F.M. Highway 364 and the South right-of-way line of the proposed Fairfield Avenue and continuing for a total distance of 807.27 feet to the POINT OF BEGINNING of the tract herein described, said point also being the intersection of the East right-of-way line of F.M. Highway 364 and the North right-of-way line of the proposed Fairfield Avenue; THENCE NORTH 00°01'04"EAST,continuing along and with the East right-of-way line of F.M. Highway 364, for a distance of 343.87 feet to a 1/2"iron rod found for corner,said corner also being the Southwest corner of the said 0.60 acre Delaware Extension Development, Ltd. tract and an exterior ell corner of the said 209.2045 acre Delaware Extension Development, Ltd. tract; THENCE NORTH 00°02'50"WEST,continuing along and with the East right-of-way line of F.M. Highway 364, for a distance of 149.73 feet to a 1/2" iron rod found for corner, said corner being Northwest corner of the said 0.60 acre Delaware Extension Development,Ltd. tract and an exterior ell corner of the said 209.2045 acre Delaware Extension Development, Ltd. tract; THENCE NORTH 00°O1'15"EAST, continuing along and with the East right-of-way line of F.M. Highway 364, for a distance of 387.51 feet to a Texas Department of Transportation concrete monument found for corner; THENCE NORTH 02°04'22"WEST,continuing along and with the East right-of-way line of F.M. Highway 364, for a distance of 338.84 feet to a point for corner, said corner being the Southwest corner of that certain called 2.032 acre tract, identified as Tract 2, as described in a "Special Warranty Deed"from Delaware Extension Development,Ltd.to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 2001014787, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 89°55'45" EAST, for the boundary between the tract herein described and the said 2.032 acre Jefferson County Drainage District No. 6 tract, for a distance of 1008.12 feet to a point for corner; THENCE SOUTH 54°44'02"EAST,continuing for the boundary between the tract herein described and the said 2.032 acre Jefferson County Drainage District No. 6 tract, for a distance of 197.05 feet to a point for corner; THENCE SOUTH 00°11'30"EAST,continuing for the boundary between the tract herein described and the said 2.032 acre Jefferson County Drainage District No. 6 tract, for a distance of 272.79 feet to a point for corner; THENCE NORTH 89°58'56" WEST,parallel and at a perpendicular distance of 100 feet from the North line of the proposed Fairfield Phase I, a proposed subdivision of the City of Beaumont, Jefferson County, Texas, for a distance of 802.53 feet to a point for conger; THENCE SOUTH 00°01'04" WEST, parallel and at a perpendicular distance of 100 feet from the West line of the said proposed Fairfield Phase I, for a distance of 843.95 feet to a point for corner, said corner also being in the North right-of-way line of the proposed Fairfield Avenue, said point also being the beginning of a curve concave to the North having a radius of 1000.00 feet and a central angle of 3°10'03" and being subtended by a chord which bears NORTH 85°46'10" WEST 55.27 feet; THENCE WESTERLY,along said curve and the North right-of-way line of the proposed Fairfield Avenue, for a distance of 55.28 feet to a point of reverse curvature; THENCE WESTERLY, continuing along and with the North right-of-way line of the proposed Fairfield Avenue, for a distance of 100.05 feet along the arc of said curve concave to the South having a radius of 1000.00 feet and a central angle of 5°43'56"; THENCE NORTH 89°58'56" WEST, continuing along and with the North right-of-way line of the proposed Fairfield Avenue, for a distance of 200.00 feet to the POINT OF BEGINNING and containing 16.9047 ACRES, more or less. Legal Description: 1.6937 Acre Tract or Parcel of Land Hezekiah Williams Survey, Abstract No. 56 Jefferson County, Texas BEING a 1.6937 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56 and being out of and part of that certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public Records of Real Property, Jefferson County, Texas, said 1.6937 acre tract being more particularly described as follows: NOTE: All bearings are based on the Southwesterly line of that certain called 300.00 acre tract of land, identified as Tract 1, as conveyed by Amoco Production Company to Jefferson County Drainage District No. 6 as recorded in Film Code No. 104-01-0353, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 6214'12"EAST. BEGINNING at an iron rod with a Texas Department of Transportation aluminum cap found for the Southwest corner of the tract herein described, said corner also being the most Westerly Southwest corner of the said 209.2045 acre Delaware Extension Development, Ltd. tract and also being the Northwest corner of that certain called 8.66 acre tract of land as conveyed by Amoco Production Company to Scott Monroe as recorded in Clerk's File No. 98-9844412, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the East right-of-way line of F.M. Highway 364 (also known as Major Drive); THENCE SOUTH 89°51'43" EAST, for the boundary between the tract herein in described and the said 8.66 acre Monroe tract, the same being the most Northerly South line of the said 209.2045 acre Delaware Extension Development, Ltd. tract, for a distance of 355.00 feet to the POINT OF BEGINNING of the tract herein described; THENCE NORTH 00°01'04" EAST, parallel and at a perpendicular distance of 100 feet to the West line of the proposed Fairfield Phase I, a proposed subdivision of the City of Beaumont, Jefferson County, Texas, for a distance of 736.84 feet to a point for corner, said point being in the South right-of-way line of Fairfield Avenue, said point also being the beginning of a curve concave to the South having a radius of 1000.00 feet and a central angle of 2°33'53" and being subtended by a chord which bears NORTH 88°47'58" EAST 44.76 feet; THENCE EASTERLY, along and with the South right-of-way line of Fairfield Avenue, for a distance of 44.76 feet along the arc of said curve to a point for corner; THENCE SOUTH 89°58'56" EAST, continuing along and with the South right-of-way line of Fairfield Avenue, for a distance of 55.25 feet to a point for corner, said corner being in the West line of the proposed Fairfield Phase 1; THENCE SOUTH 00°01'04" WEST, along and with the West line of the said proposed Fairfield Phase I, for a distance of 738.00 feet to a point for corner, said corner being the Southwest corner of the said proposed Fairfield Phase I and in the most Northerly South line of the said 209.2045 acre Delaware Extension Development, Ltd. tract and in the North line of the said 8.66 acre Monroe tract; THENCE NORTH 89°51'43" WEST, for the boundary between the tract herein in described and the said 8.66 acre Monroe tract, the same being the most Northerly South line of the said 209.2045 acre Delaware Extension Development, Ltd. tract, for a distance of 100.00 feet to the POINT OF BEGINNING and containing 1.6937 ACRES, more or less. Legal Description: 3.5527 Acre Tract or Parcel of Land Hezekiah Williams Survey, Abstract No. 56 Jefferson County, Texas BEING a 3.5527 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56 and being out of and part of that certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public Records of Real Property, Jefferson County, Texas, said 3.5527 acre tract being more particularly described as follows: NOTE: All bearings are based on the Southwesterly line of that certain called 300.00 acre tract of land, identified as Tract 1, as conveyed by Amoco Production Company to Jefferson County Drainage District No. 6 as recorded in Film Code No. 104-01-0353, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 62 14'12"EAST. COMMENCING at an iron rod with a Texas Department of Transportation aluminum cap found for the most Westerly Southwest corner of the said 209.2045 acre Delaware Extension Development, Ltd. tract and also being the Northwest corner of that certain called 8.66 acre tract of land as conveyed by Amoco Production Company to Scott Monroe as recorded in Clerk's File No. 98-9844412, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the East right-of-way line of F.M. Highway 364 (also known as Major Drive); THENCE NORTH 00°01'04" EAST, along and with the East right-of-way line of F.M. Highway 364, passing at a distance of 727.27 feet the intersection of the East right-of-way line of F.M. Highway 364 and the South right-of-way line of the proposed Fairfield Avenue and continuing for a total distance of 807.27 feet to the intersection of the East right-of-way line of F.M. Highway 364 and the North right-of-way line of the proposed Fairfield Avenue; THENCE SOUTH 89°58'56" EAST, continuing along and with the North right-of-way line of the proposed Fairfield Avenue, for a distance of 200.00 feet to a point for corner, said point also being of a curve concave to the South having a radius of 1000.00 feet and a central angle of 5°43'56" and being subtended by a chord which bears SOUTH 87°03'07" EAST 100.01 feet; THENCE EASTERLY, along said curve and with the North right-of-way line of Fairfield Avenue, for a distance of 100.04 feet to a point of reverse curvature; THENCE EASTERLY, continuing along and with the North right-of-way line of Fairfield Avenue, for a distance of 55.28 feet along the arc of said curve concave to the North having radius of 1000.00 feet and a central angle of 3°10'03" and being subtended by a chord which bears SOUTH 85°46'10" EAST 55.27 feet to the POINT OF BEGINNING of the tract herein described; THENCE NORTH 00°01'04" EAST, parallel and at a perpendicular distance of 100 feet from the West line of the said proposed Fairfield Phase I, for a distance of 843.95 feet to a point for corner, THENCE SOUTH 89°58'56" EAST, parallel and at a perpendicular distance of 100 feet from the North line of the proposed Fairfield Phase I, a proposed subdivision of the City of Beaumont, Jefferson County, Texas, for a distance of 802.53 feet to a point for corner; THENCE SOUTH 001 1'30" EAST, for a distance of 100.00 feet to a point for corner; THENCE NORTH 89°58'56" WEST, passing at a distance of 412.90 feet the Northeast corner of the proposed Fairfield Phase I, and continuing for total distance of 702.90 feet to a point for corner, said corner being the Northwest corner of the said proposed Fairfield Phase I; THENCE SOUTH 00°01'04" WEST, for the boundary between the tract herein described and the said proposed Fairfield Phase I, for a distance of 745.00 feet to a point for corner, said corner also being in the North right-of-way line of the proposed Fairfield Avenue; THENCE NORTH 89°5856" WEST, along and with the North right-of-way line of the proposed Fairfield Avenue, for a distance of 55.25 feet to a point for corner, said point also being the beginning of a curve concave to the North having a radius of 1000.00 feet and a central angle of 2°33'54" and being subtended by a chord which bears NORTH 88°38'08" WEST 44.76 feet; THENCE WESTERLY, along said curve and the North right-of-way line of the proposed Fairfield Avenue, for a distance of 44.76 feet to the POINT OF BEGINNING and containing 3.5527 ACRES, more or less. FILE 164$-Z: Request for a zone change from A-R(Agricultural- Residential) to GC- NORTH MD (General Commercial-Multiple Family Dwelling) District or a more restrictive S commercial district. Location: 100' south of the southeast corner of Folsom and Major Dr. SCALE Applicant: Sam Parigi,Jr. for Delaware Extension Development, Ltd. N.T.S. v IV�✓V N —B•F.0w- FO L 50K DR . t w A- R . O I Rm :*S . 1 hi j' 1 1 it 1 1 EXHIBIT "B" LINE BEARING DISTANCE L1 N 00'01'04" E 80.00' L2 N 89'58 56 W 200.00' L3 N 89'58'56' W 55.25' L'I S 89'58 56 E 55.25 L5 S 89'01 04 E 200.00' ( ^ L6 S 00'01 04 W 60.00 L7 S00't t 30"E 272.79' L8 500 i t 30 E 100.00 L9 1.N89'51'43 W 100.00 ,cno,s h 1uate +o-,s03,6.3 cr w.• � , \ / \ CUR RADIUS DELTA ARC CHORDI BEARING Ct 1000.00 5'4354 100.04!1 99-99f tj N87.12 58"E C2 1000.00 5'43'54" 100.04ft 99.99ft N8712'S8"E FOLSOM RIVE C3 1000.00 5'43 56" 100.0511 100.01!1 N87'03'07 W 1100'"•O•"'•► / 4 C3 C4 1000.00 5'43'56 100.05/t 100.01!1 N8703'07"W FUTURE C5 1000.00 3'10 01` zo.o AM FAIRFIELD AVENUE iO J 55.27ft 55.2611 N85'S6'01 E 2 N89'5545 1008 12 CO,R„Y�o,g1R,cT"�'° 1 J C6 1000.00' 2'33'53" 44.76!1 44.76ft N88-47-5 -E f r,t"om NR. ,04-o,-03" iQ \•-�� 4 C7 1000.00' 2'33'54" 44.77ft 44.76ft N88'38 OS"W 18.9047 ACS. O o�aac• 2 C8 1000.00' 310'03' 55.28ft 55.27ft N85'46'10"W MON. N r ° DEWL "A" W M ;n N89'58'56'W 702.90' z ^ 100.00 412.90 0 NO'02'50"W _ 149.73' Y � o.eo res. oa�RE n•,Er.s,or,oE�aOr.arr,LTD. ttn,R s r�E w.20000475? ^ c CO b � +MARK , WHITELEY POB 16.9047 ACRE TRACT ,a one D ASSOCIATES ` POB 3.5527 ACRE TRACT INCORPORATED L2 rmw rmww^0" ct2 TING ENCINI ERS, J J zoo.zo.s•cRE TR.c. ORS. AND PLANNERS �C 1 onA,.r,E *ro�sa,oEVno,+rz,rr.LTD. W ttcwR4s nc w.l0000�sRw } Sj �1 OO.00 0.►.RJ.C. Q I> 5.9427 AC P. 0. BOX 549? o 3250 EA57EX fR 7 BEAUMONT, TEXAS 77718-5192 BEAUMONT, TEXAS 7770) _ tal f/) 409-892-0421 (£AX) 409-892-lJ46 a REZONING EXHIBIT OF m Y 3 N 3 ,� 5.9427 ACRES, 16.9047 ACRES = P 5 94 7 AC �q CT Z ^ Q 3.5527 ACRES & 1.6837 ACRES W 1fi 7 A E IRA CT X40 p �` G BEING OUT OF A aC FACT A0. 209.2045 ACRE TRACT NO. POB 1.6937 ACRE TRACT HEZEKIAH WILLIAMS SURVEY �j T�o� N89'S1'43•w ABSTRACT No. 56 JEFFERSON COUNTY TEXAS L 1185 X1'4 � DR 8V,•89 FAR./AI.K.B. p(BY: NW30'w 1857.40' APP BY: a."ics. VER:ACAO 2000 SCALE: SHEET NO. ac,l„'s7Cdfnc wY0MR0CaR.,,,s REM.or man ACs. DATE iW. 15, 10QT K 0.WH . 1"=400' 1 OF 1 MS sR. ra„CM w. 104-95.1124 J JOB N0. fT1E W:�?OpJ\003\ OJ.R .C. 03-003 03-003.dwVYKB 0 2 January 28,2003 Consider a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-III amount for"extra work" vokur. City of Beaumont Council Agenda Item A - ' K, TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Joseph G. Majdalani,Water Utilities Manager MEETING DATE: January 28,2003 AGENDA MEMO DATE: January 20,2003 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-III amount for "extra work." RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-III amountby$242,673.61 to rehabilitate 3,917 linear feet of 8-inch sanitary sewer lines,121 short side services, 14 long side services,replace 4 manholes,remove 15 manholes,install 260 linear feet of 8-inch laterals by open cut,and install 5-8-inch main line cleanouts on Sue Street,Mazzu Street,and Hazel Street, Install 220 linear feet of 8-inch sewer line by open cut on Manor Street, replace 1670 linear feet of 10-inch sanitary sewer lines,install 19 4-inch service line connections,remove and replace 4 manholes,and install 1 new manhole on Kenneth Street, and correct the grade on a section on 81 Street. BACKGROUND The existing sewer lines built in 1960 have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, and provide customers with uninterrupted and adequate service. BUDGETARYIMPACT Funds for the project are available in the Water Utilities Operating Funds. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-III amount for "extra work." AgendaAcontIIICOsk.wpd January 22,2003 APPROVAL OF CONTRACT CHANGE Change Order No.I&Final Date:January 20,2003 Project: City of Beaumont Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-III Owner: City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 Contractor: Brystar Contracting,Inc. 8385 Chemical Road Beaumont,Texas 77705 To the Owner: Approval of the following contract change is requested. Reason for Change: To increase the contract amount for "extra work" performed by the Contractor to rehabilitate 3,917 linear feet of 8-inch sanitary sewer lines,121 short side services,14 long side services,replace 4 manholes,remove 15 manholes,install 260 linear feet of 8-inch laterals by open cut,and install s-8-inch main line cleanouts on Sue Street,Mazzu Street,and Hazel Street.To install 220 linear feet of 8-inch sewer line by open cut on Manor Street, replace 1,670 linear feet of 10-inch sanitary sewer lines,install 19- 4-inch service line connections,remove and replace 4 manholes,install 1 new manhole on Kenneth Street,and correct the grade on a section of 8'Street. ORIGINAL CONTRACT AMOUNT $1.638.724.00 CHANGE ORDER: Description Net Change Replace 1,670 linear feet of 10-inch pipe +$66.800.00 Replace 3,917 linear feet of 8-inch pipe +115.551.50 Replace 9 manholes in pavement + 19.300.00 Abandon 15 sanitary sewer manholes in place + 6.000.00 Install 260 linear feet of 8-inch lateral by open cut + 16.900.00 Install 260 linear feet of 8-inch sewer line by open cut + 7.260.00 Replace 121 short side services + 54.450.00 Replace 14 long side services + 11.760.00 Install 19-4-inch service line connections + 24.700.00 Install 5 main line cleanouts + 1.250.00 Correct sewer line grade on 8'Street by open cut + 10,225.11 Reduce the number of 84nch lines to be replaced by 2,839 linear feet 90.848.00 Reduce the number of 8-inch open cuts by 15 linear feet 675.00 TOTAL AMOUNT OF CHANGE ORDER: +$242,673.61 TOTAL REVISED CONTRACT $1,881397.61 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contractprice 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 Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver 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: i �(; Joseph G.Majdalani, E. City of Beaumont Brystar Contracting,Inc. Water Utilities Manager Owner Contractor Date:_ Date: Date: ///7/-,a ~ V7~ M . K City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 28,2003 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to execute an amendment to the lease agreement with Louisiana Management Group,L.L.C. B) Approve a resolution dedicating resources to support the bid for the 2006 or 2007 Joint Institute and Trade Show of the Texas Recreation&Parks Society(TRAPS)and the Texas Parks&Wildlife Department C) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Barrington Heights Phase V Subdivision D) Approve a resolution authorizing the acceptance of twelve(12)water line easements for the installation of a 20" water main t A City of Beaumont 'm K, Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: January 28, 2003 AGENDA MEMO DATE: January 24, 2003 REQUESTED ACTION: Council consider authorizing the City Manager to execute an amendment to the lease agreement with Louisiana Management Group, L.L.C. RECOMMENDATION Administration recommends authorizing the City Manager to execute an amendment to the lease agreement with Louisiana Management Group,L.L.C. (LMG)for rental of Civic Center Facilities for the purpose of conducting indoor professional football. BACKGROUND At their October 15, 2002 meeting, City Council authorized the City Manager to execute a lease agreement with LMG to relocate a National Indoor Football League (NIFL) team to Beaumont. The agreement provided for a seven (7) game rental of Civic Center Facilities, as well as use of Fair Park Coliseum office space and practice area. It has come to the attention of both parties that the incorrect name was provided to the City for inclusion in the agreement. The agreement erroneously identifies the lessee as "Louisiana Management Group, L.L.C." The correct name is "Louisiana Rangers Management Group, L.L.C. (LRMG). The proposed amendment corrects this error to accurately reflect the legal name. It provides for the name to be revised to the restated name as furnished by the team owners. Although owned by LRMG, the team will be known as the "Beaumont Drillers." All other provisions of the original lease agreement remain the same. Lease Amendment- Civic Center Facilities January 24, 2003 Page 2 A search of Louisiana Secretary of State records on the internet indicated that the limited liability company is chartered by the State and is in good standing. A copy of the proposed amendment is provided for your review. BUDGETARY IMPACT The proposed action will have no impact on the operating budget. PREVIOUS ACTION Council authorized the City Manager to execute a lease agreement with LMG on October 15, 2002. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, City Attorney and Central Services Director. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute an amendment to the lease agreement with Louisiana Management Group,L.L.C. (LMG)to accurately reflect the name of Louisiana Rangers Management Group, L.L.C. AMENDMENT TO LEASE AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § THIS AMENDMENT to that certain Lease Agreement(the"Lease")by and between the City of Beaumont,Texas,a public body("Lessor")and Louisiana Rangers Management Group, L.L.C., a Louisiana limited liability company (incorrectly identified in the Lease as "Louisiana Management Group, L.L.C.")("Lessee") is executed effective as of the 15"day of October, 2002 (Lessor and Lessee are sometimes collectively referred to herein as the "Parties"). RECITALS: WHEREAS, it has come to the Parties' attention that the Lease contains an error in that the Lessee's name was incorrectly provided to Lessor as "Louisiana Management Group, L.L.C.;" and WHEREAS, the parties desire to correct this error and to accurately reflect the correct legal name of Lessor; NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: AGREEMENT: 1.1 The Lease is hereby amended as follows: Every reference to "Louisiana Management Group, L.L.C." is hereby revised and restated to read "Louisiana Rangers Management Group, L.L.C.." Page 1 of 2 GARMW\AGREEMENTS\LA RGRS MGMT GRP 1.2 Lessor and Lessee hereby confirm and ratify each and every other agreement, term, provision, condition and covenant contained in the Lease, and with the exception of the amendment set forth above, the Lease shall remain in full force and effect in accordance with its terms. THUS DONE and SIGNED on this the day of January, 2003, to be effective of the 15th of October, 2002. LESSOR: CITY OF BEAUMONT,TEXAS,a Public Body By: Kyle Hayes, City Manager LESSEE: LOUISIANA RANGERS MANAGEMENT GROUP, L.L.C., a Louisiana Limited Liability Company By: Roy G. Reap, President & CEO Page 2 of 2 G:\RMW\AGREEMENTS\LA RGRS MGMT GRP B ,..., City of Beaumont Council Agenda Item M llliw_-Itgllk,]Loj2,amom EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Maurine Gray,Director of Community Services MEETING DATE: January 28, 2003 AGENDA MEMO DATE: January 24, 2003 REQUESTED ACTION: Council consider a request to approve a resolution dedicating resources to support the bid for the 2006 or 2007 Joint Institute and Trade Show of the Texas Recreation&Parks Society(TRAPS) and the Texas Parks & Wildlife Department. RECOMMENDATION Administration recommends approval ofthe resolution to show good faith that if we are awarded the bid,the Convention&Visitors Bureau(CVB)and the Parks and Recreation Divisions will dedicate resources to insure a successful conference. These include manpower to facilitate planning and implementation of the conference, complimentary exhibit/meeting facilities (should they require a facility other than a hotel), complimentary transportation to meeting facility (should they require a facility more than 2-3 blocks away from host hotel),and co-host a social in 2005 and 2006. All direct expenditures, including facility rental and transportation will be underwritten by the Convention& Visitors Bureau with Hotel Motel Tax unless the fees are waived. BACKGROUND This conference draws 600-800 people over a 3-4 day time period in late February or early March each year. Over 1000 trackable room nights are generated by this conference. The following cities are committed to host the conference: 2003 - San Antonio, 2004 - Wichita Falls. A CVB staff person, in addition to other participating partners, will make an oral presentation to the TRAPS Board of Directors. We were requested to bid on this conference since we also bid last year. BUDGETARY IMPACT: Based on 1,034 room nights and a $65 room rate, the City would collect approximately$4,723 in Hotel Motel tax. PREVIOUS ACTION A resolution was passed in April, 2002 to assist us in the bid. We were not successful in receiving the conference. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Director of Community Services. RECOMMENDED MOTION Approve/deny a resolution dedicating resources to support the bid for the 2006 or 2007 Joint Institute Trade Show of the Texas Recreation& Parks Society (TRAPS) and the Texas Parks & Wildlife Department. C City of Beaumont Council Agenda Item � W g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: January 28, 2003 AGENDA MEMO DATE: January 21, 2003 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Barrington Heights Phase V Subdivision. RECOMMENDATION Administration recommends approval of the following: • Heights Avenue extended approximately 170 feet south to and including the cul- de-sac from existing Heights Avenue • Ellington Lane from proposed extended Heights Avenue approximately 729 feet west to and including the cul-de-sac • Madera Lane from existing Heights Avenue approximately 585 feet west to and including the cul-de-sac • Benton Lane from existing Heights Avenue approximately 585 feet west to and including the cul-de-sac Also, recommended for approval are the water and sanitary improvements for Lots 75 and 76, Block 3, Lots 17-56, Block 5, Lots 1-7, and Block 6. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on January 8, 2003. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in the Barrington Heights Phase V Subdivision. PMAgendask.wpd January 22,2003 W L W�' �M L�E Gr WALMAR7 LOME"S RA 03 "o� DETENVON ROAD POND A' ck: 0-126 r- 1 Z L_ to E � A o �flRRIt1GT0 -� ,yam cif IGHTS PHflSf V LOCATION MAP N jS BARRINGTON HEIGHTS PHASE V SUBDIVISION D City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: January 28, 2003 AGENDA MEMO DATE: January 21, 2003 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of twelve (12) water line easements for the installation of a 20" water main. RECOMMENDATION The property owners listed below have agreed to conveyed twelve (12) -ten foot(10') water line easements to the City of Beaumont. These easements are all located adjacent to and abutting Interstate 10 from Walden Road to Brooks Road. 1. out of Lot 6, Block 1, Beaumont Citrus Fruit Gardens Owner: 5500 IH 10 LTD 2. out of Lot 5, Block 1, Beaumont Citrus Fruit Gardens Owners: William B. LeBlanc and Walter Umphrey 3. out of Lot 8, Block 2, C. E. Smith Subdivision Owner: Tytex Properties Ltd 4. out of Lot 23, Block 4, Beaumont Citrus Fruit Gardens Owners: J. C. Chance, Jr. and Carol L. Chance 5. out of South 2/3 of Lot 3, Block 1, C. E. Smith Subdivision Owner: Patricia Puterbaugh Edwards Anderson 6. out of Lot 16, Block 4, C. E. Smith Subdivision Owner: LaBelle Properties, Ltd 7. out of Plat B-19, Tract 25-D, Samuel Stivers Survey, Abstract 51 Owner: Patrick Henry Phelan and Michael Arthur Phelan, Trustees 8. out of Lot 7, Block 2, Tract 1, C. E. Smith Subdivision Owner: W. A. Hebert III Estate 9. out of Lot 25, Block 5, Beaumont Citrus Fruit Gardens Owner: W. A. Hebert III Estate 10. out of Lot 24, Block 4, Beaumont Citrus Fruit Gardens Owner: W. A. Hebert III Estate 11. out of Lot 22, Block 4, Beaumont Citrus Fruit Gardens Owner: W. A. Hebert III Estate 12. out of Lots 17 & 18, Block 3, Beaumont Citrus Fruit Gardens Owner: W. A. Hebert III Estate Administration recommends acceptance of the easements. BACKGROUND The easements are to be used specifically to accommodate the installation of a twenty inch (20") water main along Interstate 10. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution authorizing the acceptance of twelve (12) water line easements for the installation of a 20" water main. HO esmt-ib.wpd EXHIBIT "A" Page 1 of 4 ACCEPTANCE OF 10' EASEMENT SUBJECT ADJACENT TO INTERSTATE 10 / x FROM WALDEN ROAD TO BROOKS ROAD o� \ ono OUT OT BEAUMONT CITRUS FRUIT WALDEN q W GARDENS, C. E. SMITH Q Q SUBDIVISION AND S. STIVERS wq�X / SURVEY, ABSTRACT 51 F" � Y ly ° Q OWNERS: Y J J 1. 5500 IH 10 LTD. z 10 2. WILLIAM B. LEBLANC AND W W p WALTER UMPHREY Q v �IFw E ARD 3. TYTEX PROPERTIES LTD. 4. J.C. CHANCE, JR. ET UX 5. PATRICIA ANDERSON 6. LA BELLE PROPERTIES LTD. SAP ROBERTS 7. PATRICK H. PHELAN AND MICHAEL A. PHELAN, TRUSTEES S. W. A. HEBERT III ESTATE LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY w v TAI v� O W � � r Ci? 3 75 4. z , g 1. J Is s: I I ( N p Sf 26 ! u N.T.S. EXHIBIT "A" Page 2 of 4 ACCEPTANCE OF 10' EASEMENT SUBJECT ADJACENT TO INTERSTATE 10 iv FROM WALDEN ROAD TO BROOKS ROAD WALDEN Z OUT OT BEAUMONT CITRUS FRUIT a W 1✓ A GARDENS, C. E. SMITH SUBDIVISION AND S. STIVERS TILLERY ° SURVEY, ABSTRACT 51 0 Q to Z z = Li o p v OWNERS: Q 1. 5500 IH 10 LTD. 2. WILLIAM B. LEBLANC AND WALTER UMPHREY �OOo J 3. TYTEX PROPERTIES LTD. SAP ROBER 4. J.C. CHANCE, JR. ET UX 5. PATRICIA ANDERSON 6. LA BELLE PROPERTIES LTD. c 7. PATRICK H. PHELAN AND ��PQ� �F9�F EM MICHAEL A. PHELAN, TRUSTEES 8. W. A. HEBERT III ESTATE LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY -� s° WIN TILLERY RD. 8 to z � a► M /40 1� O O � m 3 75 E W H Q H g W o LO z W ri o s L Z c) Q z U N.T.S. EXHIBIT "A" Page 3 of 4 ACCEPTANCE OF 10' EASEMENT SUBJECT . y ADJACENT TO INTERSTATE 10 z j FROM WALDEN ROAD TO BROOKS Q ROAD TILLERY OUT OT BEAUMONT CITRUS FRUIT o z GARDENS, C. E. SMITH z W o W SUBDIVISION AND S. STIVERS ly SURVEY, ABSTRACT 51 <y OWNERS: 1. 5500 IH 10 LTD. S� 2. WILLIAM B. LEBLANC AND WALTER UMPHREY 3. TYTEX PROPERTIES LTD. 4. J.C. CHANCE, JR. ET UX 5. PATRICIA ANDERSON 6. LA BELLE PROPERTIES LTD. 7. PATRICK H. PHELAN AND MICHAEL A. PHELAN, TRUSTEES 8. W. A. HEBERT III ESTATE LOCATION MAP N LEGEND N.T.S. SUBJECT PROPERTY lJjt 7n A� �Rq BEAUMO p v s r O FRUIT ^� 0 75 s' 8 z v w z 3 a, v Li Li N.T.S. EXHIBIT "A" Page 4of4 ACCEPTANCE OF 10' EASEMENT SUBJECT Rivl 9H r TILLERY ADJACENT TO INTERSTATE 10 FROM WALDEN ROAD TO BROOKS `REEK ROAD ead CBS e OUT OT BEAUMONT CITRUS FRUIT GARDENS, C. E. SMITH =p� SUBDIVISION AND S. STIVERS gR°°kS SURVEY, ABSTRACT 51 o- a° 11*0w OWNERS: 1. 5500 IH 10 LTD. 36 MOnsh 2. WILLIAM B. LEBLANC AND WALTER UMPHREY 3. TYTEX PROPERTIES LTD. 4. J.C. CHANCE, JR. ET UX s 5. PATRICIA ANDERSON J�zQP�= 24 9 f 6. LA BELLE PROPERTIES LTD. 7. PATRICK H. PHELAN AND NT DR MICHAEL A. PHELAN, TRUSTEES S. W. A. HEBERT III ESTATE LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY X Z I� w 0 rn t f R d r+ •' p7 3 0 W O v H fY � N ° O � S s v D a f l- 9- CA b w � U N.T.S.